AB481,23,1914 (h) Upon determination by the interstate commission that an emergency
15exists, it may promulgate an emergency rule, which shall become effective
16immediately upon adoption, provided that the usual rule-making procedures
17provided under this subsection shall be retroactively applied to the rule as soon as
18reasonably possible and in no event later than 90 days after the effective date of the
19rule.
AB481,23,24 20(9) Article IX — Oversight, Enforcement, and Dispute Resolution by the
21Interstate Commission.
(a) Oversight. 1. The interstate commission shall oversee
22the interstate movement of adult offenders in the compacting states and shall
23monitor such activities being administered in noncompacting states that may
24significantly affect compacting states.
AB481,24,7
12. The courts and executive agencies in each compacting state shall enforce this
2compact and shall take all actions necessary and appropriate to effectuate the
3compact's purposes and intent. In any judicial or administrative proceeding in a
4compacting state pertaining to the subject matter of this compact that may affect the
5powers, responsibilities, or actions of the interstate commission, the interstate
6commission shall be entitled to receive all service of process in any such proceeding
7and shall have standing to intervene in the proceeding for all purposes.
AB481,24,108 (b) Dispute resolution. 1. The compacting states shall report to the interstate
9commission on issues or activities of concern to them and cooperate with and support
10the interstate commission in the discharge of its duties and responsibilities.
AB481,24,1311 2. The interstate commission shall attempt to resolve any disputes or other
12issues that are subject to the compact or that may arise among compacting states and
13noncompacting states.
AB481,24,1614 3. The interstate commission shall enact a bylaw or promulgate a rule
15providing for both mediation and binding dispute resolution for disputes among the
16compacting states.
AB481,24,1917 (c) Enforcement. The interstate commission, in the reasonable exercise of its
18discretion, shall enforce the provisions of this compact using any or all means set
19forth in sub. (12).
AB481,24,22 20(10) Article X — Finance. (a) The interstate commission shall pay or provide
21for the payment of the reasonable expenses of its establishment, organization, and
22ongoing activities.
AB481,25,623 (b) The interstate commission shall levy on and collect an annual assessment
24from each compacting state to cover the cost of the internal operations and activities
25of the interstate commission and its staff, which must be in a total amount sufficient

1to cover the interstate commission's annual budget as approved each year. The
2aggregate annual assessment amount shall be allocated based upon a formula to be
3determined by the interstate commission, taking into consideration the population
4of the state and the volume of interstate movement of offenders in each compacting
5state. The interstate commission shall promulgate a rule that is binding upon all
6compacting states and that governs the assessment.
AB481,25,107 (c) The interstate commission may not incur any obligations of any kind prior
8to securing the funds adequate to meet them, nor may the interstate commission
9pledge the credit of any of the compacting states, except by and with the authority
10of the compacting state.
AB481,25,1711 (d) The interstate commission shall keep accurate accounts of all receipts and
12disbursements. The receipts and disbursements of the interstate commission shall
13be subject to the audit and accounting procedures established under its bylaws. All
14receipts and disbursements of funds handled by the interstate commission shall be
15audited yearly by a certified or licensed public accountant, and the report of the audit
16shall be included in and become part of the annual report of the interstate
17commission.
AB481,25,19 18(11) Article XI — Compacting States, Effective Date, and Amendment. (a)
19Any state is eligible to become a compacting state.
AB481,26,220 (b) The compact shall become effective and binding upon legislative enactment
21of the compact into law by no less than 35 of the states. The initial effective date shall
22be July 1, 2001, the effective date of this paragraph .... [revisor inserts date], or upon
23enactment into law by the 35th jurisdiction, whichever is later. Thereafter it shall
24become effective and binding, as to any other compacting state, upon enactment of
25the compact into law by that state. The governors of nonmember states or their

1designees will be invited to participate in interstate commission activities on a
2nonvoting basis prior to adoption of the compact by all states.
AB481,26,63 (c) Amendments to the compact may be proposed by the interstate commission
4for enactment by the compacting states. No amendment shall become effective and
5binding upon the interstate commission and the compacting states unless and until
6it is enacted into law by unanimous consent of the compacting states.
AB481,26,10 7(12) Article XII — Withdrawal, Default, Termination, and Judicial
8Enforcement.
(a) Withdrawal. 1. Except as provided in subd. 2. and par. (b) 1. c.
9and 3., once effective, the compact shall continue in force and remain binding upon
10each and every compacting state.
AB481,26,1211 2. a. A compacting state may withdraw from the compact by enacting a law
12specifically repealing this section.
AB481,26,1313 b. The effective date of withdrawal is the effective date of the repeal.
AB481,26,1814 c. The withdrawing state shall immediately notify the chairperson of the
15interstate commission in writing upon the introduction of legislation repealing this
16compact in the withdrawing state. The interstate commission shall notify the other
17compacting states of the withdrawing state's intent to withdraw within 60 days after
18receiving the written notice.
AB481,26,2119 d. The withdrawing state is responsible for all assessments, obligations, and
20liabilities incurred through the effective date of withdrawal, including any
21obligations the performance of which extend beyond the effective date of withdrawal.
AB481,26,2422 e. Reinstatement following withdrawal of any compacting state shall occur
23upon the withdrawing state reenacting the compact or upon such later date as
24determined by the interstate commission.
AB481,27,5
1(b) Default. 1. If the interstate commission determines that any compacting
2state has at any time defaulted in the performance of any of its obligations or
3responsibilities under this compact, under the bylaws, or under any duly
4promulgated rules, the interstate commission may impose any or all of the following
5penalties:
AB481,27,76 a. Forfeitures, fees, and costs in such amounts as are considered reasonable
7and as fixed by the interstate commission.
AB481,27,98 b. Remedial training and technical assistance as directed by the interstate
9commission.
AB481,27,1510 c. Suspension or termination of membership in the compact. Suspension shall
11be imposed only after all other reasonable means of securing compliance under the
12bylaws and rules have been exhausted. Immediate notice of suspension shall be
13given by the interstate commission to the governor, the chief justice of the supreme
14court, the majority and minority leaders of the defaulting state's legislature, and the
15state board.
AB481,27,1816 2. The grounds for default include failure of a compacting state to perform
17obligations or responsibilities imposed upon it by this compact, interstate
18commission bylaws, or duly promulgated rules.
AB481,28,719 3. If it determines that a compacting state has defaulted, the interstate
20commission shall immediately notify the defaulting state in writing of the penalty
21imposed by the interstate commission on the defaulting state pending a cure of the
22default. The interstate commission shall stipulate the conditions under which and
23the time period within which the defaulting state must cure its default. If the
24defaulting state fails to cure the default within the time period specified by the
25interstate commission, in addition to any other penalties imposed herein, the

1defaulting state may be terminated from the compact upon an affirmative vote of a
2majority of the compacting states, and all rights, privileges, and benefits conferred
3by this compact shall be terminated from the effective date of termination. Within
460 days after the effective date of termination of a defaulting state, the interstate
5commission shall notify the governor, the chief justice of the supreme court, the
6majority and minority leaders of the defaulting state's legislature, and the state
7board of the termination.
AB481,28,118 4. The defaulting state is responsible for all assessments, obligations, and
9liabilities incurred through the effective date of termination, including any
10obligations the performance of which extends beyond the effective date of
11termination.
AB481,28,1412 5. The interstate commission shall not bear any costs relating to the defaulting
13state unless otherwise mutually agreed upon between the interstate commission and
14the defaulting state.
AB481,28,1715 6. Reinstatement following termination of any compacting state requires both
16a reenactment of the compact by the defaulting state and the approval of the
17interstate commission under the rules.
AB481,28,2518 (c) Judicial enforcement. The interstate commission may, by majority vote of
19the members, initiate legal action in the U.S. district court for the District of
20Columbia, or, at the discretion of the interstate commission, in the federal district
21court for the district in which the interstate commission has its offices, to enforce
22compliance with the provisions of the compact and duly promulgated rules and
23bylaws against any compacting state in default. In the event judicial enforcement
24is necessary, the prevailing party shall be awarded all costs of such litigation,
25including reasonable attorney fees.
AB481,29,3
1(d) Dissolution of compact. 1. The compact dissolves effective upon the date
2of the withdrawal or default of the compacting state that reduces membership in the
3compact to one compacting state.
AB481,29,74 2. Upon the dissolution of this compact, the compact becomes null and void and
5shall be of no further force or effect, the business and affairs of the interstate
6commission shall be wound up, and any surplus funds shall be distributed in
7accordance with the bylaws.
AB481,29,9 8(13) Article XIII — Construction. The provisions of this compact shall be
9liberally constructed to effectuate its purposes.
AB481,29,12 10(14) Article XIV — Binding Effect of Compact and Other Laws. (a) Other
11laws.
1. Nothing in this compact prevents the enforcement of any other law of a
12compacting state that is not inconsistent with this compact.
AB481,29,1413 2. All compacting states' laws conflicting with this compact are superseded to
14the extent of the conflict.
AB481,29,1715 (b) Binding effect of the compact. 1. All lawful actions of the interstate
16commission, including all rules and bylaws promulgated by the interstate
17commission, are binding upon the compacting states.
AB481,29,1918 2. All agreements between the interstate commission and the compacting
19states are binding in accordance with their terms.
AB481,29,2320 3. Upon the request of a party to a conflict over meaning or interpretation of
21interstate commission actions, and upon a majority vote of the compacting states, the
22interstate commission may issue advisory opinions regarding such meaning or
23interpretation.
AB481,30,524 4. In the event that any provision of this compact exceeds the constitutional
25limits imposed on the legislature of any compacting state, the obligations, duties,

1powers, or jurisdiction sought to be conferred by such provision upon the interstate
2commission shall be ineffective, and such obligations, duties, powers, or jurisdiction
3shall remain in the compacting state and shall be exercised by the agency thereof to
4which such obligations, duties, powers, or jurisdiction are delegated by law in effect
5at the time that this compact becomes effective.
AB481,30,7 6(15) Article XV — Short Title. This section may be cited as the "Interstate
7Compact for Adult Offender Supervision."
AB481, s. 17 8Section 17. 801.14 (6) of the statutes is created to read:
AB481,30,129 801.14 (6) If an action pertaining to the subject matter of the compact
10authorized under s. 304.16 may affect the powers, responsibilities, or actions of the
11interstate commission, as defined in s. 304.16 (2) (f), the plaintiff shall deliver or mail
12a copy of the complaint to the interstate commission at its last-known address.
AB481, s. 18 13Section 18. Nonstatutory provisions.
AB481,30,1814 (1) Notwithstanding the length of terms specified for the members of the
15interstate adult offender supervision board under section 15.145 (3) of the statutes,
16as created by this act, 3 of the initial members shall be appointed for terms expiring
17on May 1, 2003, and the other 4 initial members shall be appointed for terms expiring
18on May 1, 2005.
AB481,30,1919 (End)
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