AB41,17,2014
2. The liability of any commissioner, or the employee or agent of a
15commissioner, acting within the scope of that person's employment or duties for any
16act, error, or omission occurring within that person's state may not exceed the limits
17of liability specified under the constitution and laws of that state for state officials,
18employees, and agents, except that this subdivision does not protect any person from
19suit or liability for any damage, loss, injury, or liability that is caused by the
20intentional or willful and wanton misconduct of that person.
AB41,18,521
3. The interstate commission shall defend the executive director, employees,
22and representatives of the interstate commission, and, subject to the approval of the
23attorney general of the state represented by any commissioner of a compacting state,
24shall defend a commissioner and a commissioner's employees and agents, in any civil
25action seeking to impose liability arising out of any actual or alleged act, error, or
1omission that occurred within the scope of interstate commission employment,
2duties, or responsibilities, or that the person had a reasonable basis for believing
3occurred within the scope of interstate commission employment, duties, or
4responsibilities, if the actual or alleged act, error, or omission did not result from the
5intentional or willful and wanton misconduct of that person.
AB41,18,156
4. The interstate commission shall indemnify and hold harmless the
7commissioner of a compacting state, the commissioner's employees and agents, and
8the interstate commission's executive director, employees, and representatives in the
9amount of any settlement or judgment obtained against those persons arising out of
10any actual or alleged act, error, or omission that occurred within the scope of
11interstate commission employment, duties, or responsibilities, or that the person
12had a reasonable basis for believing occurred within the scope of interstate
13commission employment, duties, or responsibilities, if the actual or alleged act, error,
14or omission did not result from the intentional or willful and wanton misconduct of
15that person.
AB41,18,18
16(6) Article VI — Rule-making Function of the Interstate Commission. (a)
17The interstate commission shall promulgate and publish rules in order to effectively
18and efficiently achieve the purposes of the compact.
AB41,19,219
(b) Rule making shall occur under the criteria specified in this subsection and
20the bylaws and rules adopted under this subsection. Rule making shall substantially
21conform to the principles of the Model State Administrative Procedure Act, 1981 Act,
22Uniform Laws Annotated, volume 15, page 1, (2000), or any other administrative
23procedure act that the interstate commission considers appropriate, consistent with
24the due process requirements under the U.S. Constitution. All rules and
1amendments to the rules shall become binding as of the date specified in the final
2rule or amendment.
AB41,19,43
(c) When promulgating a rule, the interstate commission shall do all of the
4following:
AB41,19,65
1. Publish the entire text of the proposed rule and state the reason for the
6proposed rule.
AB41,19,97
2. Allow and invite persons to submit written data, facts, opinions, and
8arguments, which shall be added to the rule-making record and be made publicly
9available.
AB41,19,1110
3. Provide an opportunity for an informal hearing, if petitioned by 10 or more
11persons.
AB41,19,1412
4. Promulgate a final rule and its effective date, if appropriate, based on the
13rule-making record, including input from state or local officials and other interested
14parties.
AB41,19,2215
(d) Not later that 60 days after a rule is promulgated, any interested person
16may file a petition in the U. S. district court for the District of Columbia or in the
17federal district court for the district in which the interstate commission's principal
18office is located for judicial review of that rule. If the court finds that the interstate
19commission's action is not supported by substantial evidence in the rule-making
20record, the court shall hold the rule unlawful and set the rule aside. For purposes
21of this paragraph, evidence is substantial if the evidence would be considered
22substantial evidence under the Model State Administrative Procedure Act.
AB41,19,2523
(e) If a majority of the legislatures of the compacting states reject a rule by
24enactment of a statute or resolution in the same manner used to adopt the compact,
25the rule shall have no further effect in any compacting state.
AB41,20,3
1(f) The rules governing the operation of the Interstate Compact on Juveniles
2under ss. 938.991 to 938.998 shall be void 12 months after the first meeting of the
3interstate commission.
AB41,20,94
(g) If the interstate commission determines that an emergency exists, the
5interstate commission may promulgate an emergency rule that shall become
6effective immediately upon promulgation, except that the usual rule-making
7procedures provided under this subsection shall be retroactively applied to the rule
8as soon as is reasonably possible, but no later than 90 days after the effective date
9of the emergency rule.
AB41,20,15
10(7) Article VII — Oversight, Enforcement, and Dispute Resolution by the
11Interstate Commission. (a)
Oversight and enforcement. 1. The interstate
12commission shall oversee the administration and operations of the interstate
13movement of juveniles who are subject to this compact in the compacting states and
14shall monitor those activities being administered in noncompacting states that may
15significantly affect compacting states.
AB41,20,2516
2. The courts and executive agencies in each compacting state shall enforce this
17compact and shall take all actions that are necessary to effectuate the purposes and
18intent of the compact. This compact and the rules shall be received by all of the
19judges, public officers, commissions, and departments of each compacting state as
20evidence of the authorized statute and administrative rules. All courts shall take
21judicial notice of the compact and rules. In any judicial or administrative proceeding
22in a compacting state pertaining to the subject matter of this compact that may affect
23the powers, responsibilities, or actions of the interstate commission, the interstate
24commission shall be entitled to receive all service of process in the proceeding and
25shall have standing to intervene in the proceeding for all purposes.
AB41,21,4
1(b)
Dispute resolution. 1. The compacting states shall report to the interstate
2commission on all issues and activities that are necessary for the administration of
3the compact and on all issues and activities that pertain to compliance with this
4compact, the bylaws, and the rules.
AB41,21,95
2. The interstate commission shall attempt, upon the request of a compacting
6state, to resolve any dispute or other issue that is subject to the compact and that may
7arise among compacting states or between compacting states and noncompacting
8states. The commission shall promulgate a rule providing for both mediation and
9binding dispute resolution for disputes among the compacting states.
AB41,21,1210
3. The interstate commission, in the reasonable exercise of its discretion, shall
11enforce this compact and the rules, using any or all of the means specified in sub. (11)
12(b) and (c).
AB41,21,15
13(8) Finance. (a) The interstate commission shall pay or provide for the
14payment of the reasonable expenses of its establishment, organization, and ongoing
15activities.
AB41,21,2516
(b) The interstate commission shall levy on and collect from each compacting
17state an annual assessment to cover the cost of the internal operations and activities
18of the interstate commission and its staff. The aggregate amount of the annual
19assessment shall be in an amount that is sufficient to cover the annual budget of the
20interstate commission as approved each year and shall be allocated among the
21compacting states based upon a formula to be determined by the interstate
22commission, taking into consideration the population of each compacting state and
23the volume of interstate movement of juveniles in each compacting state. The
24interstate commission shall promulgate a rule binding on all compacting states that
25governs the assessment.
AB41,22,4
1(c) The interstate commission may not incur any obligations of any kind before
2securing funds adequate to meet those obligations; nor may the interstate
3commission pledge the credit of any compacting state, except by and with the
4authority of the compacting state.
AB41,22,115
(d) The interstate commission shall keep accurate accounts of all receipts and
6disbursements. The receipts and disbursements of the interstate commission shall
7be subject to the audit and accounting procedures established under the bylaws. All
8receipts and disbursements of funds handled by the interstate commission shall be
9audited yearly by a certified or licensed public accountant, and the report of the audit
10shall be included in and become part of the annual report of the interstate
11commission.
AB41,22,23
12(9) Article IX — The State Board. Each compacting state shall create a state
13board. Although each compacting state may determine the membership of its own
14state board, the membership of the state board of each compacting state shall include
15the compact administrator, the deputy compact administrator, or a designee, at least
16one representative from the legislative, judicial, and executive branches of
17government, and one representative of victims groups. Each compacting state
18retains the right to determine the qualifications of the compact administrator and
19deputy compact administrator. Each state board shall advise and may exercise
20oversight and advocacy concerning that state's participation in interstate
21commission activities and may exercise any other duties as may be determined by
22that state, including the development of policy concerning the operations and
23procedures of the compact within that state.
AB41,22,25
24(10) Article X — Compacting States, Effective Date, and Amendment. (a) Any
25state is eligible to become a compacting state.
AB41,23,8
1(b) The compact shall become effective and binding upon legislative enactment
2of the compact into law by no less than 35 of the states. The initial effective date of
3the compact shall be July 1, 2005, or upon enactment into law by the 35th state,
4whichever is later. After that initial effective date, the compact shall become
5effective and binding as to any other compacting state upon enactment of the
6compact into law by that compacting state. The governors of noncompacting states
7or their designees shall be invited to participate in the activities of the interstate
8commission on a nonvoting basis before adoption of the compact by all states.
AB41,23,129
(c) The interstate commission may propose amendments to the compact for
10enactment by the compacting states. An amendment does not become effective and
11binding upon the interstate commission and the compacting states until the
12amendment is enacted into law by the unanimous consent of the compacting states.
AB41,23,20
13(11) Article XI — Withdrawal, Default, Judicial Enforcement, and
14Dissolution. (a)
Withdrawal. 1. Once effective, the compact shall continue in effect
15and remain binding upon each compacting state, except that a compacting state may
16withdraw from the compact by specifically repealing the statute that enacted the
17compact into law in that state and a compacting state's membership in the compact
18may be suspended or terminated as provided in par. (b) 1. d. and 3. The effective date
19of a withdrawal by a compacting state is the effective date of the repeal of the statute
20that enacted the compact into law in that state.
AB41,23,2521
2. A withdrawing state shall immediately notify the chairperson of the
22interstate commission in writing upon the introduction of legislation repealing the
23compact in the withdrawing state. The interstate commission shall notify the other
24compacting states of the withdrawing state's intent to withdraw within 60 days after
25receiving the written notice of intent to withdraw.
AB41,24,4
13. A withdrawing state is responsible for all assessments, obligations, and
2liabilities incurred through the effective date of withdrawal, including any
3obligations the performance of which extend beyond the effective date of the
4withdrawal.
AB41,24,75
4. Reinstatement in the compact following the withdrawal of any compacting
6state shall occur upon the withdrawing state reenacting the compact or upon such
7later date as determined by the interstate commission.
AB41,24,118
(b)
Default. 1. If the interstate commission determines that any compacting
9state has at any time defaulted in the performance of any of its obligations or
10responsibilities under this compact, the bylaws, or the rules, the interstate
11commission may impose on the compacting state any or all of the following penalties:
AB41,24,1312
a. Remedial training and technical assistance as directed by the interstate
13commission.
AB41,24,1414
b. Alternate dispute resolution.
AB41,24,1615
c. Forfeitures, fees, and costs in such amounts as are considered to be
16reasonable and as are fixed by the interstate commission.
AB41,24,2417
d. Suspension or termination of membership in the compact, which may be
18imposed only after all other reasonable means of securing compliance under the
19bylaws and rules have been exhausted and the interstate commission has
20determined that the offending state is in default. Immediate notice of suspension
21shall be given by the interstate commission to the governor of the defaulting state,
22the chief justice of the supreme court or the chief judicial officer of that state, the
23majority and minority leaders of the legislature of that state, and the state board of
24that state.
AB41,25,4
12. The grounds for default include the failure of a compacting state to perform
2any obligations or responsibilities imposed upon the compacting state by this
3compact, the bylaws, or the rules and any other ground designated in the bylaws or
4rules.
AB41,25,185
3. If the interstate commission determines that a compacting state has
6defaulted, the interstate commission shall immediately notify the defaulting state
7in writing of the default and of the penalty imposed by the interstate commission
8pending a cure of the default. The interstate commission shall stipulate the
9conditions under which and the time period within which the defaulting state shall
10cure its default. If the defaulting state fails to cure the default within the time period
11specified by the interstate commission, the defaulting state shall be terminated from
12the compact upon an affirmative vote of a majority of the compacting states, and all
13rights, privileges, and benefits conferred by this compact shall be terminated
14beginning on the effective date of termination. Within 60 days after the effective date
15of termination of a defaulting state, the interstate commission shall notify the
16governor of the defaulting state, the chief justice of the supreme court or the chief
17judicial officer of that state, the majority and minority leaders of the legislature of
18that state, and the state board of that state of the termination.
AB41,25,2219
4. A defaulting state is responsible for all assessments, obligations, and
20liabilities incurred through the effective date of termination, including any
21obligations the performance of which extends beyond the effective date of
22termination.
AB41,25,2523
5. The interstate commission shall not bear any costs relating to a defaulting
24state unless otherwise mutually agreed upon in writing between the interstate
25commission and the defaulting state.
AB41,26,3
16. Reinstatement following termination of any compacting state requires both
2a reenactment of the compact by the defaulting state and the approval of the
3interstate commission under the rules.
AB41,26,104
(c)
Judicial enforcement. The interstate commission may, by a majority vote
5of the members, initiate legal action in the U.S. district court for the District of
6Columbia or, at the discretion of the interstate commission, in the federal district
7court for the district in which the interstate commission has its offices to enforce
8compliance with the compact, the bylaws, and the rules against any compacting state
9that is in default. If judicial enforcement is necessary, the prevailing party shall be
10awarded all costs of the litigation, including reasonable attorney fees.
AB41,26,1611
(d)
Dissolution. The compact dissolves effective upon the date of a withdrawal
12or default of a compacting state that reduces membership in the compact to one
13compacting state. Upon dissolution of the compact, the compact becomes void and
14shall be of no further effect, the business and affairs of the interstate commission
15shall be concluded, and any surplus funds shall be distributed in accordance with the
16bylaws.
AB41,26,18
17(12) Article XII — Construction. The provisions of this compact shall be
18liberally construed to effectuate the purposes of the compact.
AB41,26,23
19(13) Article XIII — Binding Effect of Compact and Other Laws. (a)
Other
20laws. This compact does not prevent the enforcement of any other law of a
21compacting state that is not inconsistent with this compact. All compacting states'
22laws, other than state constitutions and other interstate compacts, that conflict with
23this compact are superseded to the extent of the conflict.
AB41,26,2524
(b)
Binding effect of the compact. 1. All lawful actions of the interstate
25commission, including the bylaws and rules, are binding upon the compacting states.
AB41,27,2
12. All agreements between the interstate commission and the compacting
2states are binding in accordance with their terms.
AB41,27,63
3. Upon the request of a party to a conflict over the meaning or interpretation
4of an interstate commission action and upon a majority vote of the compacting states,
5the interstate commission may issue an advisory opinion regarding that meaning or
6interpretation.
AB41,27,137
4. If a provision of this compact exceeds the constitutional limits imposed on
8the legislature of any compacting state, the obligations, duties, powers, or
9jurisdiction sought to be conferred by that provision upon the interstate commission
10shall be ineffective, and those obligations, duties, powers, or jurisdiction shall
11remain in the compacting state and shall be exercised by the agency of the
12compacting state to which those obligations, duties, powers, or jurisdiction are
13delegated by the law that is in effect at the time that this compact becomes effective.
AB41,27,2015
(1)
State board for interstate juvenile supervision; initial terms of members. 16Notwithstanding the length of terms specified for the members of the state board for
17interstate juvenile supervision under section 15.145 (4) of the statutes, as created by
18this act, one of the initial members shall be appointed for a term expiring on May 1,
192006, 2 of the initial members shall be appointed for a term expiring on May 1, 2007,
20and 2 of the initial members shall be appointed for a term expiring on May 1, 2008.