AN ACT
RELATING TO JUVENILE JUSTICE; ENACTING
THE INTERSTATE COMPACT FOR JUVENILES; REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
The Interstate Compact for
Juveniles is enacted into law and entered into on behalf of New Mexico with any
and all other states legally joining therein in a form substantially as
follows:
THE INTERSTATE COMPACT FOR
JUVENILES
ARTICLE I — Purpose
A. The compacting states to this interstate
compact recognize that each state is responsible for the proper supervision or
return of juveniles, delinquents and status offenders who are on probation or
parole and who have absconded, escaped or run away from supervision and control
and in doing so have endangered their own safety and the safety of others. The compacting states also recognize that
each state is responsible for the safe return of juveniles who have run away
from home and in doing so have left their state of residence. The compacting states also recognize that
congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has
authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime.
B. It is the purpose of this compact, through
means of joint and cooperative action among the compacting states, to:
(1) ensure that the adjudicated juveniles and
status offenders subject to this compact are provided adequate supervision and
services in the receiving state as ordered by the adjudicating judge or parole
authority in the sending state;
(2) ensure that the public safety interests of
the citizens, including the victims of juvenile offenders, in both the sending
and receiving states are adequately protected;
(3) return juveniles who have run away, absconded
or escaped from supervision or control or have been accused of an offense to
the state requesting their return;
(4) make contracts for the cooperative
institutionalization in public facilities in member states for delinquent youth
needing special services;
(5) provide for the effective tracking and
supervision of juveniles;
(6) equitably allocate the costs, benefits and
obligations of the compacting states;
(7) establish procedures to manage the movement
between states of juvenile offenders released to the community under the
jurisdiction of courts, juvenile departments or any other criminal or juvenile
justice agency that has jurisdiction over juvenile offenders;
(8) ensure immediate notice to jurisdictions
where defined offenders are authorized to travel or to relocate across state
lines;
(9) establish procedures to resolve pending
charges against juvenile offenders prior to transfer or release to the
community under the terms of this compact;
(10) establish a system of uniform data collection
on information pertaining to juveniles subject to this compact that allows
access by authorized juvenile justice and criminal justice officials, and
regular reporting of compact activities to heads of state executive, judicial
and legislative branches and juvenile and criminal justice administrators;
(11) monitor compliance with rules governing
interstate movement of juveniles and initiate interventions to address and
correct noncompliance;
(12) coordinate training and education regarding
the regulation of interstate movement of juveniles for officials involved in
that activity; and
(13) coordinate the implementation and operation
of the compact with the Interstate Compact on the Placement of Children, the
Interstate Compact for Adult Offender Supervision and other compacts affecting
juveniles, particularly in those cases where concurrent or overlapping
supervision issues arise.
C. It is the policy of the compacting states
that the activities conducted by the interstate commission created herein are
the formation of public policies and therefore are public business. Furthermore, the compacting states shall
cooperate and observe their individual and collective duties and
responsibilities for the prompt return and acceptance of juveniles subject to
the provisions of this compact.
D. The provisions of this compact shall be
reasonably and liberally construed to accomplish the purposes and policies of
the compact.
ARTICLE
II —
Definitions
As used in this compact, unless the
context clearly requires a different construction:
A. "bylaws" means those bylaws
established by the interstate commission for its governance or for directing or
controlling its actions or conduct;
B. "commissioner" means the voting
representative of each compacting state appointed pursuant to Article III of
this compact;
C. "compact administrator" means the
individual in each compacting state appointed pursuant to the terms of this
compact, responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this compact, the
rules adopted by the interstate commission and policies adopted by the state
council under this compact;
D. "compacting state" means any state
that has enacted the enabling legislation for this compact;
E. "court" means any court having
jurisdiction over delinquent, neglected or dependent children;
F. "deputy compact administrator"
means the individual, if any, in each compacting state appointed to act on
behalf of a compact administrator pursuant to the terms of this compact and who
is responsible for the administration and management of the state's supervision
and transfer of juveniles subject to the terms of this compact, the rules
adopted by the interstate commission and the policies adopted by the state
council under this compact;
G. "interstate commission" means the
interstate commission for juveniles created by Article III of this compact;
H. "juvenile" means a person defined
as a juvenile in any member state or by the rules of the interstate commission,
including:
(1) an accused delinquent, who is a person
charged with an offense that, if committed by an adult, would be a criminal
offense;
(2) an adjudicated delinquent, who is a person
found to have committed an offense that, if committed by an adult, would be a
criminal offense;
(3) an accused status offender, who is a person
charged with an offense that would not be a criminal offense if committed by an
adult;
(4) an adjudicated status offender, who is a
person found to have committed an offense that would not be a criminal offense
if committed by an adult; and
(5) a non-offender, who is a person in need of
supervision who has not been accused or adjudicated as a status offender or
delinquent;
I. "noncompacting state" means any
state that has not enacted the enabling legislation for this compact;
J. "probation or parole" means any
kind of supervision or conditional release of juveniles authorized under the
laws of the compacting states;
K. "rule" means a written statement by
the interstate commission promulgated pursuant to Article VI of this compact
that is of general applicability, that implements, interprets or prescribes a
policy or provision of the compact or an organizational, procedural or practice
requirement of the commission, and that has the force and effect of statutory
law in a compacting state.
"Rule" includes the amendment, repeal or suspension of an
existing rule; and
L. "state" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.
ARTICLE
III —
Interstate Commission for Juveniles
A. The compacting states hereby create the
"interstate commission for juveniles". The commission shall be a body corporate and
joint agency of the compacting states.
The commission shall have all the responsibilities, powers and duties
set forth herein, and additional powers as may be conferred upon it by
subsequent action of the respective legislatures of the compacting states in
accordance with the terms of this compact.
B. The interstate commission shall consist of commissioners
appointed by the appropriate appointing authority in each state pursuant to the
rules and requirements of each compacting state and in consultation with the
"state council for interstate juvenile supervision" created
hereunder. The commissioner shall be the
compact administrator, deputy compact administrator or designee from that state
who shall serve on the interstate commission in such capacity under or pursuant
to the applicable law of the compacting state.
C. In addition to the commissioners who are the
voting representatives of each state, the interstate commission shall include
individuals who are not commissioners, but who are members of interested
organizations. Noncommissioner members
shall include a member of the national organizations of governors, legislators,
state chief justices, attorneys general, a member of the interstate compact for
adult offender supervision, a member of the interstate compact for the
placement of children, juvenile justice and juvenile corrections officials and
crime victims. All noncommissioner members of the interstate commission shall
be ex-officio, nonvoting members. The
interstate commission may provide in its bylaws for additional ex-officio,
nonvoting members, including members of other national organizations, in such
numbers as shall be determined by the commission.
D. Each compacting state represented at any
meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall
constitute a quorum for the transaction of business, unless a larger quorum is
required by the bylaws of the interstate commission.
E. The interstate commission shall meet at least
once each calendar year. The chairperson
may call additional meetings and, upon the request of a simple majority of the
compacting states, shall call additional meetings. Public notice shall be given of all meetings
and meetings shall be open to the public.
F. The interstate commission shall establish an
executive committee, which shall include commission officers, members and
others as determined by the bylaws. The
executive committee shall have the power to act on behalf of the interstate
commission during periods when the interstate commission is not in session,
with the exception of rulemaking and amendments to the compact. The executive committee shall oversee the
day-to-day activities managed by an executive director and interstate
commission staff, administer enforcement and compliance with the provisions of
the compact, bylaws and rules, and perform other duties as directed by the
interstate commission or set forth in the bylaws.
G. Each member of the interstate commission
shall have the right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the interstate
commission. A member shall vote in
person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with
the state council, shall appoint another authorized representative, in the
absence of the commissioner from that state, to cast a vote on behalf of the
compacting state at a specified meeting.
The bylaws may provide for members' participation in meetings by
telephone or other means of telecommunication or electronic communication.
H. The interstate commission's bylaws shall
establish conditions and procedures under which the interstate commission shall
make its information and official records available to the public for
inspection or copying. The interstate
commission may exempt from disclosure any information or official records to
the extent they would adversely affect personal privacy rights or proprietary
interests.
I. Public notice shall be given of all meetings
and all meetings shall be open to the public, except as set forth in the rules
or as otherwise provided in the compact.
The interstate commission and any of its committees may close a meeting
to the public when a determination is made by a two-thirds' vote that an open
meeting would be likely to:
(1) relate solely to the interstate commission's
internal personnel practices and procedures;
(2) disclose matters specifically exempted from
disclosure by statute;
(3) disclose trade secrets or commercial or
financial information that is privileged or confidential;
(4) involve accusing a person of a crime or
formally censuring a person;
(5) disclose information of a personal nature
when disclosure would constitute a clearly unwarranted invasion of personal
privacy;
(6) disclose investigative records compiled for
law enforcement purposes;
(7) disclose information contained in or related
to examination reports, operating reports or condition reports prepared by,
prepared on behalf of or prepared for the use of the interstate commission with
respect to a regulated person or entity for the purpose of regulation or
supervision of the person or entity;
(8) disclose information, the premature
disclosure of which would significantly endanger the stability of a regulated
person or entity; or
(9) specifically relate to the interstate
commission's issuance of a subpoena or its participation in a civil action or
other legal proceeding.
J. For every meeting closed pursuant to the
provisions of Subsection I of this article, the interstate commission's legal
counsel shall publicly certify that, in the legal counsel's opinion, the
meeting may be closed to the public and shall reference each relevant provision
set forth in Subsection I of this article.
The interstate commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full and
accurate summary of actions taken and the reasons therefore, including a
description of each of the views expressed on an item and the record of a roll
call vote. All documents considered in
connection with an action shall be identified in the minutes.
K. The interstate commission shall collect
standardized data concerning the interstate movement of juveniles, as directed
through its rules, which shall specify
the data to be collected, the means of collection, data exchange and reporting
requirements. The methods of data
collection, data exchange and reporting shall, insofar as it is reasonably
possible, conform to up-to-date technology and coordinate with information
functions used by the appropriate repository of records.
ARTICLE
IV -- Powers and Duties of the Interstate Commission
The interstate commission shall:
A. provide for dispute resolution among
compacting states;
B. promulgate rules to effect the purposes and
obligations enumerated in this compact, which shall have the force and effect
of statutory law and shall be binding in the compacting states to the extent
and in the manner provided in this compact;
C. oversee, supervise and coordinate the
interstate movement of juveniles subject to the terms of this compact and any
bylaws adopted and rules promulgated by the interstate commission;
D. enforce compliance with compact provisions,
the rules promulgated by the interstate commission and bylaws, using all
necessary and proper means, including the use of judicial process;
E. establish and maintain offices that shall be
located within one or more of the compacting states;
F. purchase and maintain insurance and bonds;
G. borrow, accept, hire or contract for
personnel services;
H. establish and appoint committees and hire
staff that it deems necessary for carrying out its functions, including an executive committee that shall
have the power to act on behalf of the interstate commission in carrying out
its powers and duties;
I. elect or appoint officers, attorneys,
employees, agents or consultants and to fix their compensation, define their
duties and determine their qualifications; and to establish the interstate
commission's personnel policies and programs relating to conflicts of interest,
rates of compensation and qualifications of personnel;
J. accept any and all donations and grants of
money, equipment, supplies, materials and services and to receive, utilize and
dispose of same;
K. lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve or use any property, real,
personal or mixed;
L. sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, real, personal or
mixed;
M. establish a budget and make expenditures and
levy dues as provided in Article VIII of this compact;
N. sue and be sued;
O. adopt a seal and bylaws governing the
management and operation of the interstate commission;
P. perform functions as may be necessary or
appropriate to achieve the purposes of this compact;
Q. report annually to the legislatures,
governors, judiciary and state councils of the compacting states concerning the
activities of the interstate commission during the preceding year. The reports shall also include
recommendations that may have been adopted by the interstate commission;
R. coordinate education, training and public
awareness regarding the interstate movement of juveniles for officials involved
in that activity;
S. establish uniform standards for the
reporting, collecting and exchanging of data; and
T. maintain its corporate books and records in
accordance with the bylaws.
ARTICLE V
— Organization and Operation of
the Interstate Commission
A. The interstate commission shall, by a
majority of the members present and voting, within twelve months after the
first interstate commission meeting, adopt bylaws to govern its conduct as may
be necessary or appropriate to carry out the purposes of the compact,
including:
(1) establishing the fiscal year of the
interstate commission;
(2) establishing an executive committee and other
committees as may be necessary;
(3) providing for the establishment of committees
governing general or specific delegation of any authority or function of the
interstate commission;
(4) providing reasonable procedures for calling
and conducting meetings of the interstate commission and ensuring reasonable
notice of those meetings;
(5) establishing the titles and responsibilities
of the officers of the interstate commission;
(6) providing a mechanism for concluding the
operations of the interstate commission and the return of surplus funds that
may exist upon the termination of the compact after the payment and reserving
of all of its debts and obligations;
(7) providing "start-up" rules for
initial administration of the compact; and
(8) establishing standards and procedures for
compliance and technical assistance in carrying out the compact.
B. The interstate commission shall, by a
majority of the members, elect annually from among its members a chairperson
and a vice chairperson, each of whom shall have such authority and duties as
may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the vice
chairperson shall preside at all meetings of the interstate commission. The officers elected shall serve without
compensation or remuneration from the interstate commission; provided that,
subject to the availability of budgeted funds, the officers shall be reimbursed
for ordinary and necessary costs and expenses incurred by them in the
performance of their duties and responsibilities as officers of the interstate
commission.
C. The interstate commission, through its
executive committee, shall appoint or retain an executive director, upon terms
and conditions and for compensation as the interstate commission may deem
appropriate. The executive director shall
serve as secretary to the interstate commission, shall not be a member and
shall hire and supervise other staff as may be authorized by the interstate
commission.
D. The commission's executive director and
employees shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of or relating
to any actual or alleged act, error or omission that occurred within the scope
of interstate commission employment, or that the person had a reasonable basis
for believing occurred within the scope of commission employment, duties or responsibilities;
provided that the person shall not be protected from suit or liability for any
damage, loss, injury or liability caused by the intentional or willful and
wanton misconduct of the person.
E. The liability of any commissioner, or the
employee or agent of a commissioner, acting within the scope of the person's
employment or duties for acts, errors or omissions occurring within the
person's state may not exceed the limits of liability set forth under the
constitution and laws of that state for state officials, employees and
agents. Nothing in this subsection shall
be construed to protect the person from suit or liability for any damage, loss,
injury or liability caused by the intentional or willful and wanton misconduct
of the person.
F. The interstate commission shall defend the
executive director or the employees or representatives of the interstate
commission and, subject to the approval of the attorney general of the state
represented by a commissioner of a compacting state, shall defend the
commissioner or the commissioner's representatives or employees in a civil
action seeking to impose liability arising out of an actual or alleged act,
error or omission that occurred within the scope of interstate commission
employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of interstate commission
employment, duties, or responsibilities; provided that the actual or alleged
act, error or omission did not result from intentional or willful and wanton
misconduct on the part of the person.
G. The interstate commission shall indemnify and
hold the commissioner of a compacting state, the commissioner's representatives
or employees or the interstate commission's representatives or employees,
harmless in the amount of a settlement or judgment obtained against a person
arising out of an actual or alleged act, error or omission that occurred within
the scope of interstate commission employment, duties or responsibilities, or
that the person had a reasonable basis for believing occurred within the scope
of interstate commission employment, duties or responsibilities; provided that
the actual or alleged act, error or omission did not result from intentional or
willful and wanton misconduct on the part of the person.
ARTICLE
VI —
Rulemaking Functions of the Interstate Commission
A. The interstate commission shall promulgate
and publish rules in order to effectively and efficiently achieve the purposes
of the compact.
B. Rulemaking shall occur pursuant to the
criteria set forth in this article and the bylaws and rules adopted pursuant
thereto. Rulemaking shall substantially
conform to the principles of the "Model State Administrative Procedures
Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or other
administrative procedures act, as the interstate commission deems appropriate,
consistent with due process requirements under the United States constitution
as now or hereafter interpreted by the United States supreme court. All rules and amendments shall become binding
as of the date specified, as published with the final version of the rule as
approved by the interstate commission.
C. When promulgating a rule, the interstate
commission shall, at a minimum:
(1) publish the proposed rule's entire text
stating the reasons for that proposed rule;
(2) allow and invite persons to submit written
data, facts, opinions and arguments, which information shall be added to the
record and be made publicly available;
(3) provide an opportunity for an informal
hearing if petitioned by ten or more persons; and
(4) promulgate a final rule and its effective
date, if appropriate, based on input from state or local officials or
interested parties.
D. Allow, not later than sixty days after a rule
is promulgated, an interested person to file a petition in the United States
district court for the District of Columbia or in the federal district court
where the interstate commission's principal office is located for judicial
review of the rule. If the court finds
that the interstate commission's action is not supported by substantial
evidence in the rulemaking record, the court shall hold the rule unlawful and
set it aside. For purposes of this
subsection, evidence is substantial if it would be considered substantial
evidence under the Model State Administrative Procedures Act.
E. If a majority of the legislatures of the
compacting states rejects a rule, those states may, by enactment of a statute
or resolution in the same manner used to adopt the compact, cause the rule to
have no further force and effect in any compacting state.
F. The existing rules governing the operation of
the interstate compact on juveniles superseded by this act shall be null and
void twelve months after the first meeting of the interstate commission created
hereunder.
G. Upon determination by the interstate
commission that a state of emergency exists, it may promulgate an emergency
rule that shall become effective immediately upon adoption, provided that the
usual rule making procedures provided hereunder shall be retroactively applied
to the rule as soon as reasonably possible, but no later than ninety days after
the effective date of the emergency rule.
ARTICLE
VII —
Oversight, Enforcement and Dispute Resolution by The Interstate Commission
A. The interstate commission shall oversee the
administration and operations of the interstate movement of juveniles subject
to this compact in the compacting states and shall monitor activities being
administered in noncompacting states that may significantly affect compacting
states.
B. The courts and executive agencies in each
compacting state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules
promulgated hereunder shall be received by all the judges, public officers,
commissions and departments of the state government as evidence of the
authorized statute and administrative rules.
All courts shall take judicial notice of the compact and the rules. In a judicial or administrative proceeding in
a compacting state pertaining to the subject matter of this compact that may
affect the powers, responsibilities or actions of the interstate commission, it
shall be entitled to receive all service of process in the proceeding and shall
have standing to intervene in the proceeding for all purposes.
C. The compacting states shall report to the
interstate commission on all issues and activities necessary for the
administration of the compact as well as issues and activities pertaining to
compliance with the provisions of the compact and its bylaws and rules.
D. The interstate commission shall attempt, upon
the request of a compacting state, to resolve any disputes or other issues that
are subject to the compact and that may arise among compacting states and
between compacting and noncompacting states.
The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes between the compacting states.
E. The interstate commission, in the reasonable
exercise of its discretion, shall enforce the provisions and rules of this
compact using any or all means set forth in Article XI of this compact.
ARTICLE
VIII —
Finance
A. The interstate commission shall pay or
provide for the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
B. The interstate commission shall levy on and
collect an annual assessment from each compacting state to cover the cost of
the internal operations and activities of the interstate commission and its
staff, which must be in a total amount sufficient to cover the interstate
commission's annual budget as approved each year. The aggregate annual assessment amount shall
be allocated based upon a formula to be determined by the interstate
commission, taking into consideration the population of each compacting state
and the volume of interstate movement of juveniles in each compacting state and
shall promulgate a rule binding upon all compacting states that governs the
assessment.
C. The interstate commission shall not incur
obligations of any kind prior to securing the funds adequate to meet the same;
nor shall the interstate commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
D. The interstate commission shall keep accurate
accounts of all receipts and disbursements.
The receipts and disbursements of the interstate commission shall be
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and
disbursements of funds handled by the interstate commission shall be audited
yearly by a certified or licensed public accountant and the report of the audit
shall be included in and become part of the annual report of the interstate
commission.
ARTICLE
IX —
The State Council
Each member state shall create
a "state council for interstate juvenile supervision". While each state may determine the membership
of its own state council, its membership must include at least one representative
from the legislative, judicial and executive branches of government, victims
groups and the compact administrator, deputy compact administrator or
designee. Each compacting state retains
the right to determine the qualifications of the compact administrator or
deputy compact administrator. Each state
council will advise and may exercise oversight and advocacy concerning that
state's participation in interstate commission activities and other duties as
may be determined by that state, including development of policy concerning
operations and procedures of the compact within that state.
ARTICLE X
— Compacting States, Effective
Date and Amendment
A. Any state is eligible to become a compacting
state. The compact shall become
effective and binding upon legislative enactment of the compact into law by no
less than thirty-five of the states. The
initial effective date shall be the later of July 1, 2004 or upon enactment
into law by the thirty-fifth jurisdiction.
Thereafter, it shall become effective and binding as to any other
compacting state upon enactment of the compact into law by that state. The governors of noncompacting states or
their designees shall be invited to participate in the activities of the
interstate commission on a nonvoting basis prior to adoption of the compact by
all states and territories of the United States.
B. The interstate commission may propose
amendments to the compact for enactment by the compacting states. An
amendment shall not become effective and binding upon the interstate
commission and the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
ARTICLE
XI —
Withdrawal, Default, Termination and Judicial Enforcement
A. Once effective, the compact shall continue in
force and remain binding upon each and every compacting state; provided that a
compacting state may withdraw from the compact by specifically repealing the
statute that enacted the compact into law.
The effective date of withdrawal is the effective date of the
repeal. The withdrawing state shall
immediately notify the chairperson of the interstate commission in writing upon
the introduction of legislation repealing this compact in the withdrawing
state. The interstate commission shall
notify the other compacting states of the withdrawing state's intent to
withdraw within sixty days of its receipt thereof. The withdrawing state is responsible for all
assessments, obligations and liabilities incurred through the effective date of
withdrawal, including any obligations, the performance of which extend beyond
the effective date of withdrawal.
Reinstatement following withdrawal of
a compacting state shall occur upon the withdrawing state reenacting the
compact or upon a later date as determined by the interstate commission.
B. If the interstate commission determines that
a compacting state has at any time defaulted in the performance of its
obligations or responsibilities under this compact, or the bylaws or duly
promulgated rules, the interstate commission may impose any or all of the
following penalties:
(1) remedial training and technical assistance as
directed by the interstate commission;
(2) alternative dispute resolution;
(3) fines, fees and costs in amounts as are
deemed to be reasonable as fixed by the interstate commission; and
(4) suspension or termination of membership in
the compact, which shall be imposed only after all other reasonable means of
securing compliance under the bylaws and rules have been exhausted and the
interstate commission has therefore determined that the offending state is in
default. Immediate notice of suspension
shall be given by the interstate commission to the governor, the chief justice
or the chief judicial officer of the state, the majority and minority leaders
of the defaulting state's legislature and the state council.
C. The grounds for default include failure of a
compacting state to perform obligations or responsibilities imposed upon it by
this compact, the bylaws or duly promulgated rules and any other grounds
designated in commission bylaws and rules.
The interstate commission shall immediately notify the defaulting state
in writing of the penalty imposed by the interstate commission and of the
default pending a cure of the default.
The commission shall stipulate the conditions and the time period within
which the defaulting state must cure its default. If the defaulting state fails to cure the
default within the time period specified by the interstate commission, the
defaulting state shall be terminated from the compact upon an affirmative vote
of a majority of the compacting states and all rights, privileges and benefits
conferred by this compact shall be terminated from the effective date of
termination.
D. Within sixty days of the effective date of
termination of a defaulting state, the interstate commission shall notify the
governor, the chief justice or chief judicial officer of the state, the
majority and minority leaders of the defaulting state's legislature and the
state council of the termination.
E. The defaulting state is responsible for all
assessments, obligations and liabilities incurred through the effective date of
termination, including any obligations that extend beyond the effective date of
termination.
F. The interstate commission shall not bear any
costs relating to the defaulting state unless otherwise mutually agreed upon in
writing between the interstate commission and the defaulting state.
G. Reinstatement following termination of a
compacting state requires both a reenactment of the compact by the defaulting
state and the approval of the interstate commission pursuant to the rules.
H. The interstate commission may, by majority
vote of the members, initiate legal action in the United States district court
for the District of Columbia or, at the discretion of the interstate
commission, in the federal district where the interstate commission has its
offices, to enforce compliance with the provisions of the compact, its duly
promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of the litigation,
including reasonable attorneys fees.
I. The compact dissolves effective upon the date
of the withdrawal or default of the compacting state, which reduces membership
in the compact to one compacting state.
Upon the dissolution of this compact,
the compact becomes null and void and shall be of no further force or effect,
and the business and affairs of the interstate commission shall be concluded
and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE
XII —
Severability and Construction
A. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be
liberally construed to effectuate its purposes.
ARTICLE
XIII —
Binding Effect of Compact and Other Laws
A. Nothing herein prevents the enforcement of
any other law of a compacting state that is not inconsistent with this
compact. All compacting states' laws
other than state constitutions and other interstate compacts conflicting with
this compact are superseded to the extent of the conflict.
B. All lawful actions of the interstate
commission, including all rules and bylaws promulgated by the interstate
commission, are binding upon the compacting states.
C. All agreements between the interstate
commission and the compacting states are binding in accordance with their
terms.
D. Upon the request of a party to a conflict
over meaning or interpretation of interstate commission actions, and upon a
majority vote of the compacting states, the interstate commission may issue
advisory opinions regarding the meaning or interpretation.
E. In the event a provision of this compact
exceeds the constitutional limits imposed on the legislature of a compacting
state, the obligations, duties, powers or jurisdiction sought to be conferred
by the provision upon the interstate commission shall be ineffective and the
obligations, duties, powers or jurisdiction shall remain in the compacting
state and shall be exercised by the agency to which the obligations, duties,
powers or jurisdiction are delegated by law in effect at the time this compact
becomes effective.
ARTICLE
XIV —
Repeal
Sections 32A-10-1 through
32A-10-8 NMSA 1978 (being Laws 1973, Chapter 238, Sections 1 through 8, as
amended) are repealed.
HB 46
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