AB883,15,1616 1. Establish the fiscal year of the interstate commission.
AB883,15,1817 2. Establish an executive committee and such other committees as may be
18necessary.
AB883,15,2019 3. Provide for the establishment of committees governing any general or
20specific delegation of any authority or function of the interstate commission.
AB883,15,2221 4. Provide reasonable procedures for calling and conducting meetings of the
22interstate commission and for ensuring reasonable notice of each meeting.
AB883,15,2423 5. Establish the titles and responsibilities of the officers of the interstate
24commission.
AB883,16,4
16. Provide a mechanism for concluding the operations of the interstate
2commission and for returning any surplus funds that may exist upon the termination
3of the compact after the payment or reserving of all of the debts and obligations of
4the interstate commission.
AB883,16,55 7. Provide rules for the initial administration of the compact.
AB883,16,76 8. Establish standards and procedures for compliance and technical assistance
7in carrying out the compact.
AB883,16,178 (b) Officers and staff. 1. The interstate commission shall, by a majority of the
9members, elect annually from among its members a chairperson and a vice
10chairperson, each of whom shall have such authority and duties as may be specified
11in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice
12chairperson shall preside at all meetings of the interstate commission. The officers
13so elected shall serve without compensation or remuneration from the interstate
14commission, except that, subject to the availability of budgeted funds, the officers
15shall be reimbursed for any ordinary and necessary costs and expenses incurred by
16them in the performance of their duties and responsibilities as officers of the
17interstate commission.
AB883,16,2318 2. The interstate commission shall, through its executive committee, appoint
19or retain an executive director for such period, upon such terms and conditions, and
20for such compensation as the interstate commission may consider appropriate. The
21executive director shall serve as secretary to the interstate commission, but may not
22be a member of the interstate commission, and shall hire and supervise such other
23staff as may be authorized by the interstate commission.
AB883,17,724 (c) Qualified immunity, defense, and indemnification. 1. The executive
25director, employees, and representatives of the interstate commission shall be

1immune from suit and liability, either personally or in their official capacity, for any
2claim for damage to or loss of property, personal injury, or other civil liability caused
3by, arising out of, or relating to any actual or alleged act, error, or omission that
4occurred within the scope of interstate commission employment, duties, or
5responsibilities, except that this subdivision does not protect any person from suit
6or liability for any damage, loss, injury, or liability that is caused by the intentional
7or willful and wanton misconduct of that person.
AB883,17,148 2. The liability of any commissioner, or the employee or agent of a
9commissioner, acting within the scope of that person's employment or duties for any
10act, error, or omission occurring within that person's state may not exceed the limits
11of liability specified under the constitution and laws of that state for state officials,
12employees, and agents, except that this subdivision does not protect any person from
13suit or liability for any damage, loss, injury, or liability that is caused by the
14intentional or willful and wanton misconduct of that person.
AB883,17,2415 3. The interstate commission shall defend the executive director, employees,
16and representatives of the interstate commission, and, subject to the approval of the
17attorney general of the state represented by any commissioner of a compacting state,
18shall defend a commissioner and a commissioner's employees and agents, in any civil
19action seeking to impose liability arising out of any actual or alleged act, error, or
20omission that occurred within the scope of interstate commission employment,
21duties, or responsibilities, or that the person had a reasonable basis for believing
22occurred within the scope of interstate commission employment, duties, or
23responsibilities, if the actual or alleged act, error, or omission did not result from the
24intentional or willful and wanton misconduct of that person.
AB883,18,10
14. The interstate commission shall indemnify and hold harmless the
2commissioner of a compacting state, the commissioner's employees and agents, and
3the interstate commission's executive director, employees, and representatives in the
4amount of any settlement or judgment obtained against those persons arising out of
5any actual or alleged act, error, or omission that occurred within the scope of
6interstate commission employment, duties, or responsibilities, or that the person
7had a reasonable basis for believing occurred within the scope of interstate
8commission employment, duties, or responsibilities, if the actual or alleged act, error,
9or omission did not result from the intentional or willful and wanton misconduct of
10that person.
AB883,18,13 11(6) Article VI — Rule-making Function of the Interstate Commission. (a)
12The interstate commission shall promulgate and publish rules in order to effectively
13and efficiently achieve the purposes of the compact.
AB883,18,2114 (b) Rule making shall occur under the criteria specified in this subsection and
15the bylaws and rules adopted under this subsection. Rule making shall substantially
16conform to the principles of the Model State Administrative Procedure Act, 1981 Act,
17Uniform Laws Annotated, volume 15, page 1, (2000), or any other administrative
18procedure act that the interstate commission considers appropriate, consistent with
19the due process requirements under the U.S. constitution. All rules and
20amendments to the rules shall become binding as of the date specified in the final
21rule or amendment.
AB883,18,2322 (c) When promulgating a rule, the interstate commission shall do all of the
23following:
AB883,18,2524 1. Publish the entire text of the proposed rule and state the reason for the
25proposed rule.
AB883,19,3
12. Allow and invite persons to submit written data, facts, opinions, and
2arguments, which shall be added to the rule-making record and be made publicly
3available.
AB883,19,54 3. Provide an opportunity for an informal hearing, if petitioned by 10 or more
5persons.
AB883,19,86 4. Promulgate a final rule and its effective date, if appropriate, based on the
7rule-making record, including input from state or local officials and other interested
8parties.
AB883,19,169 (d) Not later that 60 days after a rule is promulgated, any interested person
10may file a petition in the U. S. district court for the District of Columbia or in the
11federal district court for the district in which the interstate commission's principal
12office is located for judicial review of that rule. If the court finds that the interstate
13commission's action is not supported by substantial evidence in the rule-making
14record, the court shall hold the rule unlawful and set the rule aside. For purposes
15of this paragraph, evidence is substantial if the evidence would be considered
16substantial evidence under the Model State Administrative Procedure Act.
AB883,19,1917 (e) If a majority of the legislatures of the compacting states reject a rule by
18enactment of a statute or resolution in the same manner used to adopt the compact,
19the rule shall have no further effect in any compacting state.
AB883,19,2220 (f) The rules governing the operation of the Interstate Compact on Juveniles
21under ss. 938.991 to 938.998 shall be void 12 months after the first meeting of the
22interstate commission.
AB883,20,323 (g) If the interstate commission determines that an emergency exists, the
24interstate commission may promulgate an emergency rule that shall become
25effective immediately upon promulgation, except that the usual rule-making

1procedures provided under this subsection shall be retroactively applied to the rule
2as soon as is reasonably possible, but no later than 90 days after the effective date
3of the emergency rule.
AB883,20,9 4(7) Article VII — Oversight, Enforcement, and Dispute Resolution by the
5Interstate Commission.
(a) Oversight. 1. The interstate commission shall oversee
6the administration and operations of the interstate movement of juveniles who are
7subject to this compact in the compacting states and shall monitor those activities
8being administered in noncompacting states that may significantly affect
9compacting states.
AB883,20,1910 2. The courts and executive agencies in each compacting state shall enforce this
11compact and shall take all actions that are necessary to effectuate the purposes and
12intent of the compact. This compact and the rules shall be received by all of the
13judges, public officers, commissions, and departments of each compacting state as
14evidence of the authorized statute and administrative rules. All courts shall take
15judicial notice of the compact and rules. In any judicial or administrative proceeding
16in a compacting state pertaining to the subject matter of this compact that may affect
17the powers, responsibilities, or actions of the interstate commission, the interstate
18commission shall be entitled to receive all service of process in the proceeding and
19shall have standing to intervene in the proceeding for all purposes.
AB883,20,2320 (b) Dispute resolution. 1. The compacting states shall report to the interstate
21commission on all issues and activities that are necessary for the administration of
22the compact and on all issues and activities that pertain to compliance with this
23compact, the bylaws, and the rules.
AB883,21,324 2. The interstate commission shall attempt, upon the request of a compacting
25state, to resolve any dispute or other issue that is subject to the compact and that may

1arise among compacting states or between compacting states and noncompacting
2states. The commission shall promulgate a rule providing for both mediation and
3binding dispute resolution for disputes among the compacting states.
AB883,21,64 3. The interstate commission, in the reasonable exercise of its discretion, shall
5enforce this compact and the rules, using any or all of the means specified in sub. (11)
6(b) and (c).
AB883,21,9 7(8) Finance. (a) The interstate commission shall pay or provide for the
8payment of the reasonable expenses of its establishment, organization, and ongoing
9activities.
AB883,21,1910 (b) The interstate commission shall levy on and collect from each compacting
11state an annual assessment to cover the cost of the internal operations and activities
12of the interstate commission and its staff. The aggregate amount of the annual
13assessment shall be in an amount that is sufficient to cover the annual budget of the
14interstate commission as approved each year and shall be allocated among the
15compacting states based upon a formula to be determined by the interstate
16commission taking into consideration the population of each compacting state and
17the volume of interstate movement of juveniles in each compacting state. The
18interstate commission shall promulgate a rule binding on all compacting states that
19governs the assessment.
AB883,22,220 (c) The interstate commission shall keep accurate accounts of all receipts and
21disbursements. The receipts and disbursements of the interstate commission shall
22be subject to the audit and accounting procedures established under the bylaws. All
23receipts and disbursements of funds handled by the interstate commission shall be
24audited yearly by a certified or licensed public accountant, and the report of the audit

1shall be included in and become part of the annual report of the interstate
2commission.
AB883,22,14 3(9) Article IX — The State Board. Each compacting state shall create a state
4board. Although each compacting state may determine the membership of its own
5state board, the membership of the state board of each compacting state shall include
6the compact administrator, the deputy compact administrator, or a designee, at least
7one representative from the legislative, judicial, and executive branches of
8government, and one representative of victims groups. Each compacting state
9retains the right to determine the qualifications of the compact administrator or
10deputy compact administrator. Each state board shall advise and may exercise
11oversight and advocacy concerning that state's participation in interstate
12commission activities and may exercise any other duties as may be determined by
13that state, including the development of policy concerning the operations and
14procedures of the compact within that state.
AB883,22,16 15(10) Article X — Compacting States, Effective Date, and Amendment. (a) Any
16state is eligible to become a compacting state.
AB883,22,2417 (b) The compact shall become effective and binding upon legislative enactment
18of the compact into law by no less than 35 of the states. The initial effective date of
19the compact shall be July 1, 2004, or upon enactment into law by the 35th state,
20whichever is later. After that initial effective date, the compact shall become
21effective and binding as to any other compacting state upon enactment of the
22compact into law by that compacting state. The governors of noncompacting states
23or their designees shall be invited to participate in the activities of the interstate
24commission on a nonvoting basis before adoption of the compact by all states.
AB883,23,4
1(c) The interstate commission may propose amendments to the compact for
2enactment by the compacting states. An amendment does not become effective and
3binding upon the interstate commission and the compacting states until the
4amendment is enacted into law by the unanimous consent of the compacting states.
AB883,23,11 5(11) Article XI — Withdrawal, Default, Judicial Enforcement, and
6Dissolution.
(a) Withdrawal. 1. Once effective, the compact shall continue in effect
7and remain binding upon each compacting state, except that a compacting state may
8withdraw from the compact by specifically repealing this section and a compacting
9state's membership in the compact may be suspended or terminated as provided in
10par. (b) 1. d. and 3. The effective date of a withdrawal is the effective date of the repeal
11of this section.
AB883,23,1612 2. A withdrawing state shall immediately notify the chairperson of the
13interstate commission in writing upon the introduction of legislation repealing the
14compact in the withdrawing state. The interstate commission shall notify the other
15compacting states of the withdrawing state's intent to withdraw within 60 days after
16receiving the written notice of withdrawal.
AB883,23,2017 3. A withdrawing state is responsible for all assessments, obligations, and
18liabilities incurred through the effective date of withdrawal, including any
19obligations the performance of which extend beyond the effective date of the
20withdrawal.
AB883,23,2321 4. Reinstatement in the compact following the withdrawal of any compacting
22state shall occur upon the withdrawing state reenacting the compact or upon such
23later date as determined by the interstate commission.
AB883,24,224 (b) Default. 1. If the interstate commission determines that any compacting
25state has at any time defaulted in the performance of any of its obligations or

1responsibilities under this compact, the bylaws, or the rules, the interstate
2commission may impose on the compacting state any or all of the following penalties:
AB883,24,43 a. Remedial training and technical assistance as directed by the interstate
4commission.
AB883,24,55 b. Alternate dispute resolution.
AB883,24,76 c. Forfeitures, fees, and costs in such amounts as are considered to be
7reasonable and as are fixed by the interstate commission.
AB883,24,158 d. Suspension or termination of membership in the compact, which may be
9imposed only after all other reasonable means of securing compliance under the
10bylaws and rules have been exhausted and the interstate commission has
11determined that the offending state is in default. Immediate notice of suspension
12shall be given by the interstate commission to the governor of the defaulting state,
13the chief justice of the supreme court or the chief judicial officer of that state, the
14majority and minority leaders of the legislature of that state, and the state board of
15that state.
AB883,24,1916 2. The grounds for default include the failure of a compacting state to perform
17any obligations or responsibilities imposed upon the compacting state by this
18compact, the bylaws, or the rules and any other ground designated in the bylaws or
19rules.
AB883,25,820 3. If the interstate commission determines that a compacting state has
21defaulted, the interstate commission shall immediately notify the defaulting state
22in writing of the default and of the penalty imposed by the interstate commission
23pending a cure of the default. The interstate commission shall stipulate the
24conditions under which and the time period within which the defaulting state shall
25cure its default. If the defaulting state fails to cure the default within the time period

1specified by the interstate commission, the defaulting state shall be terminated from
2the compact upon an affirmative vote of a majority of the compacting states, and all
3rights, privileges, and benefits conferred by this compact shall be terminated
4beginning on the effective date of termination. Within 60 days after the effective date
5of termination of a defaulting state, the interstate commission shall notify the
6governor of the defaulting state, the chief justice of the supreme court or the chief
7judicial officer of that state, the majority and minority leaders of the legislature of
8that state, and the state board of that state of the termination.
AB883,25,129 4. A defaulting state is responsible for all assessments, obligations, and
10liabilities incurred through the effective date of termination, including any
11obligations the performance of which extends beyond the effective date of
12termination.
AB883,25,1513 5. The interstate commission shall not bear any costs relating to a defaulting
14state unless otherwise mutually agreed upon in writing between the interstate
15commission and the defaulting state.
AB883,25,1816 6. Reinstatement following termination of any compacting state requires both
17a reenactment of the compact by the defaulting state and the approval of the
18interstate commission under the rules.
AB883,25,2519 (c) Judicial enforcement. The interstate commission may, by a majority vote
20of the members, initiate legal action in the U.S. district court for the District of
21Columbia or, at the discretion of the interstate commission, in the federal district
22court for the district in which the interstate commission has its offices to enforce
23compliance with the compact, the bylaws, and the rules against any compacting state
24that is in default. If judicial enforcement is necessary, the prevailing party shall be
25awarded all costs of the litigation, including reasonable attorney fees.
AB883,26,6
1(d) Dissolution. The compact dissolves effective upon the date of a withdrawal
2or default of a compacting state that reduces membership in the compact to one
3compacting state. Upon dissolution of the compact, the compact becomes void and
4shall be of no further effect, the business and affairs of the interstate commission
5shall be concluded, and any surplus funds shall be distributed in accordance with the
6bylaws.
AB883,26,8 7(12) Article XII — Construction. The provisions of this compact shall be
8liberally construed to effectuate the purposes of the compact.
AB883,26,13 9(13) Article XIII — Binding Effect of Compact and Other Laws. (a) Other
10laws.
This compact does not prevent the enforcement of any other law of a
11compacting state this is not inconsistent with this compact. All compacting states'
12laws, other than state constitutions and other interstate compacts, that conflict with
13this compact are superseded to the extent of the conflict.
AB883,26,1514 (b) Binding effect of the compact. 1. All lawful actions of the interstate
15commission, including the bylaws and rules, are binding upon the compacting states.
AB883,26,1716 2. All agreements between the interstate commission and the compacting
17states are binding in accordance with their terms.
AB883,26,2118 3. Upon the request of a party to a conflict over the meaning or interpretation
19of an interstate commission action and upon a majority vote of the compacting states,
20the interstate commission may issue an advisory opinion regarding that meaning or
21interpretation.
AB883,27,322 4. If a provision of this compact exceeds the constitutional limits imposed on
23the legislature of any compacting state, the obligations, duties, powers, or
24jurisdiction sought to be conferred by that provision upon the interstate commission
25shall be ineffective, and those obligations, duties, powers, or jurisdiction shall

1remain in the compacting state and shall be exercised by the agency of the
2compacting state to which those obligations, duties, powers, or jurisdiction are
3delegated by the law that is in effect at the time that this compact becomes effective.
AB883, s. 8 4Section 8. Nonstatutory provisions.
AB883,27,105 (1) State board for interstate juvenile supervision; initial terms of members.
6Notwithstanding the length of terms specified for the members of the state board for
7interstate juvenile supervision under section 15.145 (4) of the statutes, as created by
8this act, one of the initial members shall be appointed for a term expiring on May 1,
92005, 2 of the initial members shall be appointed for a term expiring on May 1, 2006,
10and 2 of the initial members shall be appointed for a term expiring on May 1, 2007.
AB883,27,1111 (End)
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