SB517,24,1615 (r) Perform such functions as may be necessary or appropriate to achieve the
16purposes of this compact.
SB517,24,21 17(10) Article X - Organization and Operation of the Interstate Commission.
18(a) Bylaws. 1. Within 12 months after the first interstate commission meeting, the
19interstate commission shall adopt bylaws and rules to govern the conduct of the
20interstate commission as may be necessary or appropriate to carry out the purposes
21of the compact.
SB517,25,222 2. The bylaws and rules of the interstate commission shall establish conditions
23and procedures under which the interstate commission shall make its information
24and official records available to the public for inspection or copying. The interstate
25commission may exempt from disclosure information or official records to the extent

1that disclosure of the information or official records would adversely affect personal
2privacy rights or proprietary interests.
SB517,25,53 (b) Meetings. 1. The interstate commission shall meet at least once each year.
4The chairperson may call additional meetings and, upon the request of a simple
5majority of the member states, shall call additional meetings.
SB517,25,116 2. Public notice shall be given by the interstate commission of all meetings, and
7all meetings shall be open to the public, except as set forth in the rules or as otherwise
8provided in the compact. The interstate commission or any of its committees may
9close a meeting, or portion of a meeting, if the interstate commission or committee
10determines by a two-thirds vote that an open meeting would be likely to do any of
11the following:
SB517,25,1312 a. Relate solely to the interstate commission's internal personnel practices and
13procedures.
SB517,25,1514 b. Disclose matters that are specifically exempted from disclosure by federal
15law.
SB517,25,1716 c. Disclose financial or commercial information that is privileged, proprietary,
17or confidential in nature.
SB517,25,1818 d. Involve accusing a person of a crime or formally censuring a person.
SB517,25,2119 e. Disclose information that is of a personal nature, if disclosure of the
20information would constitute a clearly unwarranted invasion of personal privacy or
21would physically endanger one or more persons.
SB517,25,2322 f. Disclose investigative records that have been compiled for law enforcement
23purposes.
SB517,25,2524 g. Specifically relate to the interstate commission's participation in a civil
25action or other legal proceeding.
SB517,26,10
13. For a meeting, or portion of a meeting, that is closed under subd. 2., the
2interstate commission's legal counsel or designee shall certify that the meeting may
3be closed and shall reference each provision under subd. 2. authorizing closure of the
4meeting. The interstate commission shall keep minutes that shall fully and clearly
5describe all matters discussed in a meeting and shall provide a full and accurate
6summary of actions taken and the reasons for those actions, including a description
7of the views expressed and the record of a roll call vote. All documents considered
8in connection with an action shall be identified in the minutes. All minutes and
9documents of a closed meeting shall remain under seal, subject to release by a
10majority vote of the interstate commission or by court order.
SB517,26,1211 4. The bylaws may provide for meetings of the interstate commission to be
12conducted by telecommunication or other electronic communication.
SB517,26,1813 (c) Officers and staff. 1. The interstate commission may, through its executive
14committee, appoint or retain a staff director for such period, upon such terms and
15conditions, and for such compensation as the interstate commission may consider
16appropriate. The staff director shall serve as secretary to the interstate commission,
17but may not have a vote. The staff director may hire and supervise such other staff
18as may be authorized by the interstate commission.
SB517,26,2219 2. The interstate commission shall elect, from among its members, a
20chairperson and a vice chairperson of the executive committee and other necessary
21officers, each of whom shall have such authority and duties as may be specified in
22the bylaws.
SB517,27,823 (d) Qualified immunity, defense, and indemnification. 1. The staff director,
24employees, and representatives of the interstate commission shall be immune from
25suit and liability, either personally or in their official capacity, for a claim for damage

1to or loss of property, personal injury, or other civil liability caused by, arising out of,
2or relating to an actual or alleged act, error, or omission that occurred within the
3scope of interstate commission employment, duties, or responsibilities or that the
4person had a reasonable basis for believing occurred within the scope of interstate
5commission employment, duties, or responsibilities, except that this subdivision
6does not protect any person from suit or liability for any damage, loss, injury, or
7liability caused by a criminal act or the intentional or willful and wanton misconduct
8of that person.
SB517,27,179 2. The liability of the staff director, employees, and representatives of the
10interstate commission, acting within the scope of that person's employment, duties,
11or responsibilities, for any act, error, or omission occurring within that person's state
12may not exceed the limits of liability set forth under the constitution and laws of that
13state for state officials, employees, and agents, except that this subdivision does not
14protect any person from suit or liability for any damage, loss, injury, or liability
15caused by a criminal act or the intentional or willful and wanton misconduct of that
16person. The interstate commission is considered to be an instrumentality of the state
17for the purposes of any such action.
SB517,28,218 3. The interstate commission shall defend the staff director and employees of
19the interstate commission and, subject to the approval of the attorney general or
20other appropriate legal counsel of the member state, shall defend the commissioner
21of a member state in any civil action seeking to impose liability arising out of an
22actual or alleged act, error, or omission that occurred within the scope of interstate
23commission employment, duties, or responsibilities or that the person had a
24reasonable basis for believing occurred within the scope of interstate commission

1employment, duties, or responsibilities, if the actual or alleged act, error, or omission
2did not result from the intentional or willful and wanton misconduct of that person.
SB517,28,113 4. To the extent not covered by the state involved, the member state, or the
4interstate commission, the staff director, employees, and representatives of the
5interstate commission shall be held harmless in the amount of any settlement or
6judgment, including attorney fees and costs, obtained against those persons arising
7out of an actual or alleged act, error, or omission that occurred within the scope of
8interstate commission employment, duties, or responsibilities or that the person had
9a reasonable basis for believing occurred within the scope of interstate commission
10employment, duties, or responsibilities, if the actual or alleged act, error, or omission
11did not result from the intentional or willful and wanton misconduct of that person.
SB517,28,14 12(11) Article XI - Rule-Making Functions of the Interstate Commission. (a)
13The interstate commission shall promulgate and publish rules in order to effectively
14and efficiently achieve the purposes of the compact.
SB517,28,2215 (b) Rule making shall occur under the criteria set forth in this subsection and
16the bylaws and rules adopted under this subsection. Rule making shall substantially
17conform to the principles of the Model State Administrative Procedures Act, 1981
18Act, Uniform Laws Annotated, volume 15, page 1 (2000), or any other administrative
19procedure act that the interstate commission considers appropriate, consistent with
20the due process requirements under the U.S. Constitution. All rules and
21amendments to the rules shall become binding as of the date specified in the final
22rule or amendment as approved by the interstate commission.
SB517,28,2423 (c) When promulgating a rule, the interstate commission shall do all of the
24following:
SB517,29,2
11. Publish the entire text of the proposed rule and state the reason for the
2proposed rule.
SB517,29,53 2. Allow and invite persons to submit written data, facts, opinions, and
4arguments, which shall be added to the rule-making record and be made publicly
5available.
SB517,29,76 3. Promulgate a final rule and its effective date, if appropriate, based on input
7from state or local officials and other interested parties.
SB517,29,108 (d) Rules promulgated by the interstate commission shall have the force and
9effect of administrative rules and shall be binding in the compacting states to the
10extent and in the manner provided for in this compact.
SB517,29,1611 (e) Not later than 60 days after a rule is promulgated, an interested person may
12file a petition in the U.S. district court for the District of Columbia or in the federal
13district court for the district in which the interstate commission's principal office is
14located for judicial review of that rule. If the court finds that the interstate
15commission's action is not supported by substantial evidence in the rule-making
16record, the court shall hold the rule unlawful and set the rule aside.
SB517,29,1917 (f) If a majority of the legislatures of the member states reject a rule, those
18states may by enactment of a statute or resolution in the same manner used to adopt
19the compact cause the rule to have no further force and effect in any member state.
SB517,29,2320 (g) The rules governing the operation of the Interstate Compact on the
21Placement of Children under ss. 48.988 and 48.989 shall be void no less than 12, but
22no more than 24, months after the first meeting of the interstate commission, as
23determined by the members during the first meeting.
SB517,29,2524 (h) Within the first 12 months of operation, the interstate commission shall
25promulgate rules addressing all of the following:
SB517,30,1
11. Transition from the Interstate Compact on the Placement of Children.
SB517,30,22 2. Forms and procedures.
SB517,30,33 3. Timelines.
SB517,30,44 4. Data collection and reporting.
SB517,30,55 5. Rule making.
SB517,30,66 6. Visitation.
SB517,30,77 7. Progress reports and supervision.
SB517,30,88 8. Sharing of information and confidentiality.
SB517,30,99 9. Financing of the interstate commission.
SB517,30,1010 10. Mediation, arbitration, and dispute resolution.
SB517,30,1111 11. Education, training, and technical assistance.
SB517,30,1212 12. Enforcement.
SB517,30,1313 13. Coordination with other interstate compacts.
SB517,30,1614 (i) 1. Upon determination by a majority of the members of the interstate
15commission that an emergency exists, the interstate commission may promulgate an
16emergency rule, but only if the rule is required to do any of the following:
SB517,30,1817 a. Protect the children covered by this compact from an imminent threat to
18their health, safety, and well-being.
SB517,30,1919 b. Prevent the loss of federal or state funds.
SB517,30,2120 c. Meet a deadline for the promulgation of an administrative rule required by
21federal law.
SB517,30,2522 2. An emergency rule shall become effective immediately upon promulgation
23so long as the usual rule-making procedures provided under this subsection are
24retroactively applied to the rule as soon as is reasonably possible, but no later than
2590 days after the effective date of the emergency rule.
SB517,31,2
13. An emergency rule shall be promulgated as provided for in the rules of the
2interstate commission.
SB517,31,5 3(12) Article XII - Oversight, Dispute Resolution, and Enforcement. (a)
4Oversight. 1. The interstate commission shall oversee the administration and
5operations of the compact.
SB517,31,106 2. The executive, legislative, and judicial branches of state government in each
7member state shall enforce this compact and the rules of the interstate commission
8and shall take all actions that are necessary and appropriate to effectuate the
9purposes and intent of the compact. The compact and its rules shall be binding in
10the compacting states to the extent and in the manner provided for in this compact.
SB517,31,1311 3. All courts shall take judicial notice of the compact and the rules in any
12judicial or administrative proceeding in a member state pertaining to the subject
13matter of the compact.
SB517,31,2014 4. The interstate commission shall be entitled to receive service of process in
15any action in which the validity of a compact provision or rule is the issue for which
16a judicial determination has been sought and shall have standing to intervene in the
17action. Failure to provide service of process to the interstate commission shall render
18any judgment, order, or other determination, however captioned or classified, void
19as to the interstate commission, this compact, or the bylaws or rules of the interstate
20commission.
SB517,31,2421 (b) Dispute resolution. 1. The interstate commission shall attempt, upon the
22request of a member state, to resolve any dispute that is subject to the compact and
23that may arise among member states or between member states and nonmember
24states.
SB517,32,4
12. The interstate commission shall promulgate a rule providing for both
2mediation and binding dispute resolution for disputes among compacting states.
3The costs of that mediation or dispute resolution shall be the responsibility of the
4parties to the dispute.
SB517,32,85 (c) Enforcement. 1. If the interstate commission determines that a member
6state has defaulted in the performance of its obligations or responsibilities under this
7compact or the bylaws or rules of the interstate commission, the interstate
8commission may do any of the following:
SB517,32,99 a. Provide remedial training and specific technical assistance.
SB517,32,1210 b. Provide written notice to the defaulting state and other member states of the
11nature of the default and the means of curing the default. The interstate commission
12shall specify the conditions by which the defaulting state must cure its default.
SB517,32,1913 c. By a majority vote of the members, initiate against a defaulting member state
14legal action in the U.S. district court for the District of Columbia or, at the discretion
15of the interstate commission, in the federal district court for the district in which the
16interstate commission has its principal office, to enforce compliance with the
17compact, the bylaws, or the rules. The relief sought may include both injunctive
18relief and damages. If judicial enforcement is necessary, the prevailing party shall
19be awarded all costs of the litigation including reasonable attorney fees.
SB517,32,2120 d. Avail itself of any other remedies available under state law or the regulation
21of official or professional conduct.
SB517,32,24 22(13) Article XIII - Financing of the Interstate Commission. (a) The
23interstate commission shall pay or provide for the payment of the reasonable
24expenses of its establishment, organization, and ongoing activities.
SB517,33,7
1(b) The interstate commission may levy on and collect an annual assessment
2from each member state to cover the cost of the operations and activities of the
3interstate commission and its staff. The aggregate amount of the annual assessment
4shall be in an amount that is sufficient to cover the annual budget of the interstate
5commission, as approved by its members each year, and shall be allocated based upon
6a formula to be determined by the interstate commission, which shall promulgate a
7rule binding upon all member states.
SB517,33,118 (c) The interstate commission may not incur obligations of any kind before
9securing funds adequate to meet those obligations; nor may the interstate
10commission pledge the credit of any member state, except by and with the authority
11of the member state.
SB517,33,1812 (d) The interstate commission shall keep accurate accounts of all receipts and
13disbursements. The receipts and disbursements of the interstate commission shall
14be subject to the audit and accounting procedures established under its bylaws. All
15receipts and disbursements of funds handled by the interstate commission shall be
16audited yearly by a certified or licensed public accountant, and the report of the audit
17shall be included in and become a part of the annual report of the interstate
18commission.
SB517,33,20 19(14) Article XIV - Member States, Effective Date, and Amendment. (a) Any
20state is eligible to become a member state.
SB517,34,521 (b) The compact shall become effective and binding upon legislative enactment
22of the compact into law by no less than 35 of the states. The initial effective date shall
23be July 1, 2007, or upon enactment of the compact into law by the 35th state,
24whichever is later. After that initial effective date, the compact shall become
25effective and binding as to any other member state upon enactment of the compact

1into law by that member state. The executive heads of the state human services
2administrations with ultimate responsibility for the child welfare programs of
3nonmember states or their designees shall be invited to participate in the activities
4of the interstate commission on a nonvoting basis before adoption of the compact by
5all states.
SB517,34,96 (c) The interstate commission may propose amendments to the compact for
7enactment by the member states. An amendment does not become effective and
8binding on the member states until the amendment is enacted into law by
9unanimous consent of the member states.
SB517,34,13 10(15) Article XV - Withdrawal and Dissolution. (a) Withdrawal. 1. Once
11effective, the compact shall continue in force and remain binding upon each member
12state, except that a member state may withdraw from the compact by specifically
13repealing the statute that enacted the compact into law in that state.
SB517,34,1714 2. Withdrawal from this compact by a member state shall be by the enactment
15of legislation repealing the statute that enacted the compact into law in that member
16state. The effective date of a withdrawal by a member state shall be the effective date
17of the repeal of that statute.
SB517,34,2118 3. A withdrawing state shall immediately notify the president of the interstate
19commission in writing upon the introduction of legislation repealing the compact in
20the withdrawing state. The interstate commission shall then notify the other
21member states of the withdrawing state's intent to withdraw.
SB517,34,2322 4. A withdrawing state is responsible for all assessments, obligations, and
23liabilities incurred to the effective date of the withdrawal.
SB517,35,3
15. Reinstatement in the compact following the withdrawal of a member state
2shall occur upon the withdrawing state reenacting the compact or upon such later
3date as determined by the members of the interstate commission.
SB517,35,64 (b) Dissolution of compact. 1. This compact shall dissolve upon the effective
5date of a withdrawal or default of a member state that reduces the membership in
6the compact to one member state.
SB517,35,107 2. Upon dissolution of this compact, the compact becomes void and shall be of
8no further force or effect, the business and affairs of the interstate commission shall
9be concluded, and any surplus funds shall be distributed in accordance with the
10bylaws.
SB517,35,13 11(16) Article XVI - Severability and Construction. (a) The provisions of this
12compact shall be severable, and if any phrase, clause, sentence, or provision is held
13unenforceable, the remaining provisions of the compact shall be enforceable.
SB517,35,1514 (b) The provisions of this compact shall be liberally construed to effectuate its
15purposes.
SB517,35,1716 (c) Nothing in this compact shall be construed to prohibit the concurrent
17applicability of other interstate compacts to which the states are members.
SB517,35,20 18(17) Article XVII - Binding Effect of Compact and Other Laws. (a) Other
19laws.
This compact does not prevent the enforcement of any other law of a member
20state that is not inconsistent with this compact.
SB517,35,2321 (b) Binding effect of compact. 1. All lawful actions of the interstate commission,
22including all rules and bylaws promulgated by the interstate commission, are
23binding upon the member states.
SB517,35,2524 2. All agreements between the interstate commission and the member states
25are binding in accordance with their terms.
SB517,36,4
13. If a provision of this compact exceeds the constitutional limits imposed on
2the legislature of any member state, that provision shall be ineffective in that
3member state to the extent of the conflict with the constitutional provision in
4question.
SB517,36,10 5(18) Article XVIII - Indian Tribes. Notwithstanding any other provision in
6this compact, the interstate commission may promulgate guidelines to permit Indian
7tribes to use the compact to achieve any of the purposes of the compact as specified
8in sub. (1). The interstate commission shall make reasonable efforts to consult with
9Indian tribes in promulgating guidelines to reflect the diverse circumstances of the
10various Indian tribes.
SB517, s. 12 11Section 12. 632.896 (1) (c) 3. of the statutes is amended to read:
SB517,36,1712 632.896 (1) (c) 3. A sending agency, as defined in s. 48.988 (2) (d), places a child
13in the insured's home under s. 48.988 for adoption, or a public child placing agency,
14as defined in s. 48.99 (2) (r), or a private child placing agency, as defined in s. 48.99
15(2) (p), of a sending state, as defined in s. 48.99 (2) (w), places a child in the insured's
16home under s. 48.99 as a preliminary step to a possible adoption,
and the insured
17takes physical custody of the child at any location within the United States.
SB517, s. 13 18Section 13. 938.988 of the statutes is amended to read:
SB517,36,22 19938.988 Interstate placement of juveniles. Sections 48.988 and 48.989
20apply to the interstate placement of juveniles, except that s. 48.99, rather than those
21sections, applies to the interstate placement of juveniles following withdrawal from
22the Interstate Compact on the Placement of Children as described in s. 48.9895
.
SB517, s. 14 23Section 14. 938.999 (1) (b) 13. of the statutes is amended to read:
SB517,37,424 938.999 (1) (b) 13. Coordinate the implementation and operation of this
25compact with the Interstate Compact on the Placement of Children under ss. 48.988

1and 48.989, the Interstate Compact for the Placement of Children under s. 48.99, the
2Interstate Compact for Adult Offender Supervision under s. 304.16, and other
3compacts affecting juveniles, particularly in those cases in which concurrent or
4overlapping supervision issues arise.
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