Bill Text: NY A07571 | 2023-2024 | General Assembly | Introduced
Bill Title: Adopts the interstate teacher mobility compact to facilitate the mobility of teachers across member states, with the goal of supporting teachers through new pathways to licensure; establishes a regulatory framework to expedite and enhance the ability of teachers to move across state lines.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2024-05-22 - held for consideration in education [A07571 Detail]
Download: New_York-2023-A07571-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7571 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. MILLER -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to adopting the inter- state teacher mobility compact The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 25 to 2 read as follows: 3 ARTICLE 25 4 INTERSTATE TEACHER MOBILITY COMPACT 5 Section 1300. Interstate teacher mobility compact. 6 § 1300. Interstate teacher mobility compact. 1. The interstate teacher 7 mobility compact is hereby entered into and enacted into law with all 8 jurisdictions legally joining therein, in the form substantially as 9 follows: 10 ARTICLE I- PURPOSE 11 The purpose of this Compact is to facilitate the mobility of Teachers 12 across the Member States, with the goal of supporting Teachers through a 13 new pathway to licensure. Through this Compact, the Member States seek 14 to establish a collective regulatory framework that expedites and 15 enhances the ability of Teachers to move across State lines. 16 This Compact is intended to achieve the following objectives and 17 should be interpreted accordingly. The Member States hereby ratify the 18 same intentions by subscribing hereto. 19 A. Create a streamlined pathway to licensure mobility for Teachers; 20 B. Support the relocation of Eligible Military Spouses; 21 C. Facilitate and enhance the exchange of licensure, investigative, 22 and disciplinary information between the Member States; 23 D. Enhance the power of State and district level education officials 24 to hire qualified, competent Teachers by removing barriers to the 25 employment of out-of-state Teachers; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11375-01-3A. 7571 2 1 E. Support the retention of Teachers in the profession by removing 2 barriers to relicensure in a new State; and 3 F. Maintain State sovereignty in the regulation of the teaching 4 profession. 5 ARTICLE II- DEFINITIONS 6 As used in this Compact, and except as otherwise provided, the follow- 7 ing definitions shall govern the terms herein: 8 A. "Active Military Member" means any person with full-time duty 9 status in the armed forces of the United States, including members of 10 the National Guard and Reserve. 11 B. "Adverse Action" means any limitation or restriction imposed by a 12 Member State's Licensing Authority, such as revocation, suspension, 13 reprimand, probation, or limitation on the licensee's ability to work as 14 a Teacher. 15 C. "Bylaws" means those bylaws established by the Commission. 16 D. "Career and Technical Education License" means a current, valid 17 authorization issued by a Member State's Licensing Authority allowing an 18 individual to serve as a Teacher in P-12 public educational settings in 19 a specific career and technical education area. 20 E. "Charter Member States" means a Member State that has enacted 21 legislation to adopt this Compact where such legislation predates the 22 initial meeting of the Commission after the effective date of the 23 Compact. 24 F. "Commission" means the interstate administrative body which member- 25 ship consists of delegates of all States that have enacted this Compact, 26 and which is known as the Interstate Teacher Mobility Compact Commis- 27 sion. 28 G. "Commissioner" means the delegate of a Member State. 29 H. "Eligible License" means a license to engage in the teaching 30 profession which requires at least a bachelor's degree and the 31 completion of a state approved program for Teacher licensure. 32 I. "Eligible Military Spouse" means the spouse of any individual in 33 full-time duty status in the active armed forces of the United States 34 including members of the National Guard and Reserve moving as a result 35 of a military mission or military career progression requirements or are 36 on their terminal move as a result of separation or retirement (to 37 include surviving spouses of deceased military members). 38 J. "Executive Committee" means a group of Commissioners elected or 39 appointed to act on behalf of, and within the powers granted to them by, 40 the Commission as provided for herein. 41 K. "Licensing Authority" means an official, agency, board, or other 42 entity of a State that is responsible for the licensing and regulation 43 of Teachers authorized to teach in P-12 public educational settings. 44 L. "Member State" means any State that has adopted this Compact, 45 including all agencies and officials of such a State. 46 M. "Receiving State" means any State where a Teacher has applied for 47 licensure under this Compact. 48 N. "Rule" means any regulation promulgated by the Commission under 49 this Compact, which shall have the force of law in each Member State. 50 O. "State" means a state, territory, or possession of the United 51 States, and the District of Columbia. 52 P. "State Practice Laws" means a Member State's laws, Rules, and regu- 53 lations that govern the teaching profession, define the scope of such 54 profession, and create the methods and grounds for imposing discipline.A. 7571 3 1 Q. "State Specific Requirements" means a requirement for licensure 2 covered in coursework or examination that includes content of unique 3 interest to the State. 4 R. "Teacher" means an individual who currently holds an authorization 5 from a Member State that forms the basis for employment in the P-12 6 public schools of the State to provide instruction in a specific subject 7 area, grade level, or student population. 8 S. "Unencumbered License" means a current, valid authorization issued 9 by a Member State's Licensing Authority allowing an individual to serve 10 as a Teacher in P-12 public educational settings. A Unencumbered License 11 is not a restricted, probationary, provisional, substitute or temporary 12 credential. 13 ARTICLE III- LICENSURE UNDER THE COMPACT 14 A. Licensure under this Compact pertains only to the initial grant of 15 a license by the Receiving State. Nothing herein applies to any subse- 16 quent or ongoing compliance requirements that a Receiving State might 17 require for Teachers. 18 B. Each Member State shall, in accordance with the Rules of the 19 Commission, define, compile, and update as necessary, a list of Eligible 20 Licenses and Career and Technical Education Licenses that the Member 21 State is willing to consider for equivalency under this Compact and 22 provide the list to the Commission. The list shall include those 23 licenses that a Receiving State is willing to grant to Teachers from 24 other Member States, pending a determination of equivalency by the 25 Receiving State's Licensing Authority. 26 C. Upon the receipt of an application for licensure by a Teacher hold- 27 ing an Unencumbered Eligible License, the Receiving State shall deter- 28 mine which of the Receiving State's Eligible Licenses the Teacher is 29 qualified to hold and shall grant such a license or licenses to the 30 applicant. Such a determination shall be made in the sole discretion of 31 the Receiving State's Licensing Authority and may include a determi- 32 nation that the applicant is not eligible for any of the Receiving 33 State's Eligible Licenses. For all Teachers who hold an Unencumbered 34 License, the Receiving State shall grant one or more Unencumbered 35 License(s) that, in the Receiving State's sole discretion, are equiv- 36 alent to the license(s) held by the Teacher in any other Member State. 37 D. For Active Military Members and Eligible Military Spouses who hold 38 a license that is not Unencumbered, the Receiving State shall grant an 39 equivalent license or licenses that, in the Receiving State's sole 40 discretion, is equivalent to the license or licenses held by the Teacher 41 in any other Member State, except where the Receiving State does not 42 have an equivalent license. 43 E. For a Teacher holding an Unencumbered Career and Technical Educa- 44 tion License, the Receiving State shall grant an Unencumbered License 45 equivalent to the Career and Technical Education License held by the 46 applying Teacher and issued by another Member State, as determined by 47 the Receiving State in its sole discretion, except where a Career and 48 Technical Education Teacher does not hold a bachelor's degree and the 49 Receiving State requires a bachelor's degree for licenses to teach 50 Career and Technical Education. A Receiving State may require Career and 51 Technical Education Teachers to meet State industry recognized require- 52 ments, if required by law in the Receiving State. 53 ARTICLE IV- LICENSURE NOT UNDER THE COMPACT 54 A. Except as provided in Article III above, nothing in this Compact 55 shall be construed to limit or inhibit the power of a Member State toA. 7571 4 1 regulate licensure or endorsements overseen by the Member State's 2 Licensing Authority. 3 B. When a Teacher is required to renew a license received pursuant to 4 this Compact, the State granting such a license may require the Teacher 5 to complete State Specific Requirements as a condition of licensure 6 renewal or advancement in that State. 7 C. For the purposes of determining compensation, a Receiving State may 8 require additional information from Teachers receiving a license under 9 the provisions of this Compact. 10 D. Nothing in this Compact shall be construed to limit the power of a 11 Member State to control and maintain ownership of its information 12 pertaining to Teachers, or limit the application of a Member State's 13 laws or regulations governing the ownership, use, or dissemination of 14 information pertaining to Teachers. 15 E. Nothing in this Compact shall be construed to invalidate or alter 16 any existing agreement or other cooperative arrangement which a Member 17 State may already be a party to, or limit the ability of a Member State 18 to participate in any future agreement or other cooperative arrangement 19 to: 20 1. Award teaching licenses or other benefits based on additional 21 professional credentials, including, but not limited to National Board 22 Certification; 23 2. Participate in the exchange of names of Teachers whose license has 24 been subject to an Adverse Action by a Member State; or 25 3. Participate in any agreement or cooperative arrangement with a 26 non-Member State. 27 ARTICLE V- TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE UNDER 28 THE COMPACT 29 A. Except as provided for Active Military Members or Eligible Military 30 Spouses in Article III.D above, a Teacher may only be eligible to 31 receive a license under this Compact where that Teacher holds an Unen- 32 cumbered License in a Member State. 33 B. A Teacher eligible to receive a license under this Compact shall, 34 unless otherwise provided for herein: 35 1. Upon their application to receive a license under this Compact, 36 undergo a criminal background check in the Receiving State in accordance 37 with the laws and regulations of the Receiving State; and 38 2. Provide the Receiving State with information in addition to the 39 information required for licensure for the purposes of determining 40 compensation, if applicable. 41 ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS 42 A. Nothing in this Compact shall be deemed or construed to limit the 43 authority of a Member State to investigate or impose disciplinary meas- 44 ures on Teachers according to the State Practice Laws thereof. 45 B. Member States shall be authorized to receive, and shall provide, 46 files and information regarding the investigation and discipline, if 47 any, of Teachers in other Member States upon request. Any Member State 48 receiving such information or files shall protect and maintain the secu- 49 rity and confidentiality thereof, in at least the same manner that it 50 maintains its own investigatory or disciplinary files and information. 51 Prior to disclosing any disciplinary or investigatory information 52 received from another Member State, the disclosing state shall communi- 53 cate its intention and purpose for such disclosure to the Member State 54 which originally provided that information. 55 ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY COMPACT 56 COMMISSIONA. 7571 5 1 A. The interstate compact Member States hereby create and establish a 2 joint public agency known as the Interstate Teacher Mobility Compact 3 Commission: 4 1. The Commission is a joint interstate governmental agency comprised 5 of States that have enacted the Interstate Teacher Mobility Compact. 6 2. Nothing in this interstate compact shall be construed to be a waiv- 7 er of sovereign immunity. 8 B. Membership, Voting, and Meetings 9 1. Each Member State shall have and be limited to one (1) delegate to 10 the Commission, who shall be given the title of Commissioner. 11 2. The Commissioner shall be the primary administrative officer of the 12 State Licensing Authority or their designee. 13 3. Any Commissioner may be removed or suspended from office as 14 provided by the law of the state from which the Commissioner is 15 appointed. 16 4. The Member State shall fill any vacancy occurring in the Commission 17 within 90 days. 18 5. Each Commissioner shall be entitled to one (1) vote about the 19 promulgation of Rules and creation of Bylaws and shall otherwise have an 20 opportunity to participate in the business and affairs of the Commis- 21 sion. A Commissioner shall vote in person or by such other means as 22 provided in the Bylaws. The Bylaws may provide for Commissioners' 23 participation in meetings by telephone or other means of communication. 24 6. The Commission shall meet at least once during each calendar year. 25 Additional meetings shall be held as set forth in the Bylaws. 26 7. The Commission shall establish by Rule a term of office for Commis- 27 sioners. 28 C. The Commission shall have the following powers and duties: 29 1. Establish a Code of Ethics for the Commission. 30 2. Establish the fiscal year of the Commission. 31 3. Establish Bylaws for the Commission. 32 4. Maintain its financial records in accordance with the Bylaws of the 33 Commission. 34 5. Meet and take such actions as are consistent with the provisions of 35 this interstate compact, the Bylaws, and Rules of the Commission. 36 6. Promulgate uniform Rules to implement and administer this inter- 37 state compact. The Rules shall have the force and effect of law and 38 shall be binding in all Member States. In the event the Commission exer- 39 cises its Rulemaking authority in a manner that is beyond the scope of 40 the purposes of the compact, or the powers granted hereunder, then such 41 an action by the Commission shall be invalid and have no force and 42 effect of law. 43 7. Bring and prosecute legal proceedings or actions in the name of the 44 Commission, provided that the standing of any Member State Licensing 45 Authority to sue or be sued under applicable law shall not be affected. 46 8. Purchase and maintain insurance and bonds. 47 9. Borrow, accept, or contract for services of personnel, including, 48 but not limited to, employees of a Member State, or an associated non- 49 governmental organization that is open to membership by all states. 50 10. Hire employees, elect, or appoint officers, fix compensation, 51 define duties, grant such individuals appropriate authority to carry out 52 the purposes of the compact, and establish the Commission's personnel 53 policies and programs relating to conflicts of interest, qualifications 54 of personnel, and other related personnel matters. 55 11. Lease, purchase, accept appropriate gifts or donations of, or 56 otherwise own, hold, improve, or use, any property, real, personal orA. 7571 6 1 mixed, provided that at all times the Commission shall avoid any appear- 2 ance of impropriety. 3 12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 4 otherwise dispose of any property real, personal, or mixed. 5 13. Establish a budget and make expenditures. 6 14. Borrow money. 7 15. Appoint committees, including standing committees composed of 8 members and such other interested persons as may be designated in this 9 interstate compact, Rules, or Bylaws. 10 16. Provide and receive information from, and cooperate with, law 11 enforcement agencies. 12 17. Establish and elect an Executive Committee. 13 18. Establish and develop a charter for an Executive Information 14 Governance Committee to advise on facilitating exchange of information; 15 use of information, data privacy, and technical support needs, and 16 provide reports as needed. 17 19. Perform such other functions as may be necessary or appropriate to 18 achieve the purposes of this interstate compact consistent with the 19 State regulation of Teacher licensure. 20 20. Determine whether a State's adopted language is materially differ- 21 ent from the model compact language such that the State would not quali- 22 fy for participation in the Compact. 23 D. The Executive Committee of the Interstate Teacher Mobility Compact 24 Commission 25 1. The Executive Committee shall have the power to act on behalf of 26 the Commission according to the terms of this interstate compact. 27 2. The Executive Committee shall be composed of eight voting members: 28 a. The Commission chair, vice chair, and treasurer; and 29 b. Five members who are elected by the Commission from the current 30 membership: 31 i. Four voting members representing geographic regions in accordance 32 with Commission Rules; and 33 ii. One at large voting member in accordance with Commission Rules. 34 3. The Commission may add or remove members of the Executive Committee 35 as provided in Commission Rules. 36 4. The Executive Committee shall meet at least once annually. 37 5. The Executive Committee shall have the following duties and respon- 38 sibilities: 39 a. Recommend to the entire Commission changes to the Rules or Bylaws, 40 changes to the compact legislation, fees paid by interstate compact 41 Member States such as annual dues, and any compact fee charged by the 42 Member States on behalf of the Commission. 43 b. Ensure Commission administration services are appropriately 44 provided, contractual or otherwise. 45 c. Prepare and recommend the budget. 46 d. Maintain financial records on behalf of the Commission. 47 e. Monitor compliance of Member States and provide reports to the 48 Commission. 49 f. Perform other duties as provided in Rules or Bylaws. 50 6. Meetings of the Commission 51 a. All meetings shall be open to the public, and public notice of 52 meetings shall be given in accordance with Commission Bylaws. 53 b. The Commission or the Executive Committee or other committees of 54 the Commission may convene in a closed, non-public meeting if the 55 Commission or Executive Committee or other committees of the Commission 56 must discuss:A. 7571 7 1 i. Non-compliance of a Member State with its obligations under the 2 compact. 3 ii. The employment, compensation, discipline or other matters, prac- 4 tices or procedures related to specific employees or other matters 5 related to the Commission's internal personnel practices and procedures. 6 iii. Current, threatened, or reasonably anticipated litigation. 7 iv. Negotiation of contracts for the purchase, lease, or sale of 8 goods, services, or real estate. 9 v. Accusing any person of a crime or formally censuring any person. 10 vi. Disclosure of trade secrets or commercial or financial information 11 that is privileged or confidential. 12 vii. Disclosure of information of a personal nature where disclosure 13 would constitute a clearly unwarranted invasion of personal privacy. 14 viii. Disclosure of investigative records compiled for law enforcement 15 purposes. 16 ix. Disclosure of information related to any investigative reports 17 prepared by or on behalf of or for use of the Commission or other 18 committee charged with responsibility of investigation or determination 19 of compliance issues pursuant to the compact. 20 x. Matters specifically exempted from disclosure by federal or Member 21 State statute. 22 xi. Others matters as set forth by Commission Bylaws and Rules. 23 c. If a meeting, or portion of a meeting, is closed pursuant to this 24 provision, the Commission's legal counsel or designee shall certify that 25 the meeting may be closed and shall reference each relevant exempting 26 provision. 27 d. The Commission shall keep minutes of Commission meetings and shall 28 provide a full and accurate summary of actions taken, and the reasons 29 therefore, including a description of the views expressed. All documents 30 considered in connection with an action shall be identified in such 31 minutes. All minutes and documents of a closed meeting shall remain 32 under seal, subject to release by a majority vote of the Commission or 33 order of a court of competent jurisdiction. 34 7. Financing of the Commission 35 a. The Commission shall pay, or provide for the payment of, the 36 reasonable expenses of its establishment, organization, and ongoing 37 activities. 38 b. The Commission may accept all appropriate donations and grants of 39 money, equipment, supplies, materials, and services, and receive, 40 utilize, and dispose of the same, provided that at all times the Commis- 41 sion shall avoid any appearance of impropriety or conflict of interest. 42 c. The Commission may levy on and collect an annual assessment from 43 each Member State or impose fees on other parties to cover the cost of 44 the operations and activities of the Commission, in accordance with the 45 Commission Rules. 46 d. The Commission shall not incur obligations of any kind prior to 47 securing the funds adequate to meet the same; nor shall the Commission 48 pledge the credit of any of the Member States, except by and with the 49 authority of the Member State. 50 e. The Commission shall keep accurate accounts of all receipts and 51 disbursements. The receipts and disbursements of the Commission shall be 52 subject to accounting procedures established under Commission Bylaws. 53 All receipts and disbursements of funds of the Commission shall be 54 reviewed annually in accordance with Commission Bylaws, and a report of 55 the review shall be included in and become part of the annual report of 56 the Commission.A. 7571 8 1 8. Qualified Immunity, Defense, and Indemnification 2 a. The members, officers, executive director, employees and represen- 3 tatives of the Commission shall be immune from suit and liability, 4 either personally or in their official capacity, for any claim for 5 damage to or loss of property or personal injury or other civil liabil- 6 ity caused by or arising out of any actual or alleged act, error or 7 omission that occurred, or that the person against whom the claim is 8 made had a reasonable basis for believing occurred within the scope of 9 Commission employment, duties or responsibilities; provided that nothing 10 in this paragraph shall be construed to protect any such person from 11 suit or liability for any damage, loss, injury, or liability caused by 12 the intentional or willful or wanton misconduct of that person. 13 b. The Commission shall defend any member, officer, executive direc- 14 tor, employee, or representative of the Commission in any civil action 15 seeking to impose liability arising out of any actual or alleged act, 16 error, or omission that occurred within the scope of Commission employ- 17 ment, duties, or responsibilities, or that the person against whom the 18 claim is made had a reasonable basis for believing occurred within the 19 scope of Commission employment, duties, or responsibilities; provided 20 that nothing herein shall be construed to prohibit that person from 21 retaining his or her own counsel; and provided further, that the actual 22 or alleged act, error, or omission did not result from that person's 23 intentional or willful or wanton misconduct. 24 c. The Commission shall indemnify and hold harmless any member, offi- 25 cer, executive director, employee, or representative of the Commission 26 for the amount of any settlement or judgment obtained against that 27 person arising out of any actual or alleged act, error or omission that 28 occurred within the scope of Commission employment, duties, or responsi- 29 bilities, or that such person had a reasonable basis for believing 30 occurred within the scope of Commission employment, duties, or responsi- 31 bilities, provided that the actual or alleged act, error, or omission 32 did not result from the intentional or willful or wanton misconduct of 33 that person. 34 ARTICLE VIII- RULEMAKING 35 A. The Commission shall exercise its Rulemaking powers pursuant to the 36 criteria set forth in this interstate compact and the Rules adopted 37 thereunder. Rules and amendments shall become binding as of the date 38 specified in each Rule or amendment. 39 B. The Commission shall promulgate reasonable Rules to achieve the 40 intent and purpose of this interstate compact. In the event the Commis- 41 sion exercises its Rulemaking authority in a manner that is beyond 42 purpose and intent of this interstate compact, or the powers granted 43 hereunder, then such an action by the Commission shall be invalid and 44 have no force and effect of law in the Member States. 45 C. If a majority of the legislatures of the Member States rejects a 46 Rule, by enactment of a statute or resolution in the same manner used to 47 adopt the compact within four (4) years of the date of adoption of the 48 Rule, then such Rule shall have no further force and effect in any 49 Member State. 50 D. Rules or amendments to the Rules shall be adopted or ratified at a 51 regular or special meeting of the Commission in accordance with Commis- 52 sion Rules and Bylaws. 53 E. Upon determination that an emergency exists, the Commission may 54 consider and adopt an emergency Rule with 48 hours' notice, with oppor- 55 tunity to comment, provided that the usual Rulemaking procedures shall 56 be retroactively applied to the Rule as soon as reasonably possible, inA. 7571 9 1 no event later than ninety (90) days after the effective date of the 2 Rule. For the purposes of this provision, an emergency Rule is one that 3 must be adopted immediately in order to: 4 a. Meet an imminent threat to public health, safety, or welfare. 5 1. Prevent a loss of Commission or Member State funds. 6 2. Meet a deadline for the promulgation of an administrative Rule that 7 is established by federal law or Rule; or 8 3. Protect public health and safety. 9 ARTICLE IX- FACILITATING INFORMATION EXCHANGE 10 A. The Commission shall provide for facilitating the exchange of 11 information to administer and implement the provisions of this compact 12 in accordance with the Rules of the Commission, consistent with general- 13 ly accepted data protection principles. 14 B. Nothing in this compact shall be deemed or construed to alter, 15 limit, or inhibit the power of a Member State to control and maintain 16 ownership of its licensee information or alter, limit, or inhibit the 17 laws or regulations governing licensee information in the Member State. 18 ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 19 A. Oversight 20 1. The executive and judicial branches of State government in each 21 Member State shall enforce this Compact and take all actions necessary 22 and appropriate to effectuate the Compact's purposes and intent. The 23 provisions of this Compact shall have standing as statutory law. 24 2. Venue is proper and judicial proceedings by or against the Commis- 25 sion shall be brought solely and exclusively in a court of competent 26 jurisdiction where the principal office of the Commission is located. 27 The Commission may waive venue and jurisdictional defenses to the extent 28 it adopts or consents to participate in alternative dispute resolution 29 proceedings. Nothing herein shall affect or limit the selection or 30 propriety of venue in any action against a licensee for professional 31 malpractice, misconduct or any such similar matter. 32 3. All courts and all administrative agencies shall take judicial 33 notice of the Compact, the Rules of the Commission, and any information 34 provided to a Member State pursuant thereto in any judicial or quasi-ju- 35 dicial proceeding in a Member State pertaining to the subject matter of 36 this Compact, or which may affect the powers, responsibilities, or 37 actions of the Commission. 38 4. The Commission shall be entitled to receive service of process in 39 any proceeding regarding the enforcement or interpretation of the 40 Compact and shall have standing to intervene in such a proceeding for 41 all purposes. Failure to provide the Commission service of process 42 shall render a judgment or order void as to the Commission, this 43 Compact, or promulgated Rules. 44 B. Default, Technical Assistance, and Termination 45 1. If the Commission determines that a Member State has defaulted in 46 the performance of its obligations or responsibilities under this 47 Compact or the promulgated Rules, the Commission shall: 48 a. Provide written notice to the defaulting State and other Member 49 States of the nature of the default, the proposed means of curing the 50 default or any other action to be taken by the Commission; and 51 b. Provide remedial training and specific technical assistance regard- 52 ing the default. 53 C. If a State in default fails to cure the default, the defaulting 54 State may be terminated from the Compact upon an affirmative vote of a 55 majority of the Commissioners of the Member States, and all rights, 56 privileges and benefits conferred on that State by this Compact may beA. 7571 10 1 terminated on the effective date of termination. A cure of the default 2 does not relieve the offending State of obligations or liabilities 3 incurred during the period of default. 4 D. Termination of membership in the Compact shall be imposed only 5 after all other means of securing compliance have been exhausted. 6 Notice of intent to suspend or terminate shall be given by the Commis- 7 sion to the governor, the majority and minority leaders of the default- 8 ing State's legislature, the State Licensing Authority and each of the 9 Member States. 10 E. A State that has been terminated is responsible for all assess- 11 ments, obligations, and liabilities incurred through the effective date 12 of termination, including obligations that extend beyond the effective 13 date of termination. 14 F. The Commission shall not bear any costs related to a State that is 15 found to be in default or that has been terminated from the Compact, 16 unless agreed upon in writing between the Commission and the defaulting 17 State. 18 G. The defaulting State may appeal the action of the Commission by 19 petitioning the U.S. District Court for the District of Columbia or the 20 federal district where the Commission has its principal offices. The 21 prevailing party shall be awarded all costs of such litigation, includ- 22 ing reasonable attorney's fees. 23 H. Dispute Resolution 24 1. Upon request by a Member State, the Commission shall attempt to 25 resolve disputes related to the Compact that arise among Member States 26 and between Member and non-Member States. 27 2. The Commission shall promulgate a Rule providing for both binding 28 and non-binding alternative dispute resolution for disputes as appropri- 29 ate. 30 I. Enforcement 31 1. The Commission, in the reasonable exercise of its discretion, shall 32 enforce the provisions and Rules of this Compact. 33 2. By majority vote, the Commission may initiate legal action in the 34 United States District Court for the District of Columbia or the federal 35 district where the Commission has its principal offices against a Member 36 State in default to enforce compliance with the provisions of the 37 Compact and its promulgated Rules and Bylaws. The relief sought may 38 include both injunctive relief and damages. In the event judicial 39 enforcement is necessary, the prevailing party shall be awarded all 40 costs of such litigation, including reasonable attorney's fees. The 41 remedies herein shall not be the exclusive remedies of the Commission. 42 The Commission may pursue any other remedies available under federal or 43 State law. 44 ARTICLE XI- EFFECTUATION, WITHDRAWAL, AND AMENDMENT 45 A. The Compact shall come into effect on the date on which the Compact 46 statute is enacted into law in the tenth Member State. 47 1. On or after the effective date of the Compact, the Commission shall 48 convene and review the enactment of each of the Charter Member States to 49 determine if the statute enacted by each such Charter Member State is 50 materially different from the model Compact statute. 51 2. A Charter Member State whose enactment is found to be materially 52 different from the model Compact statute shall be entitled to the 53 default process set forth in Article X. 54 3. Member States enacting the Compact subsequent to the Charter Member 55 States shall be subject to the process set forth in Article VII.C.20 to 56 determine if their enactments are materially different from the modelA. 7571 11 1 Compact statute and whether they qualify for participation in the 2 Compact. 3 B. If any Member State is later found to be in default, or is termi- 4 nated or withdraws from the Compact, the Commission shall remain in 5 existence and the Compact shall remain in effect even if the number of 6 Member States should be less than ten. 7 C. Any State that joins the Compact after the Commission's initial 8 adoption of the Rules and Bylaws shall be subject to the Rules and 9 Bylaws as they exist on the date on which the Compact becomes law in 10 that State. Any Rule that has been previously adopted by the Commission 11 shall have the full force and effect of law on the day the Compact 12 becomes law in that State, as the Rules and Bylaws may be amended as 13 provided in this Compact. 14 D. Any Member State may withdraw from this Compact by enacting a stat- 15 ute repealing the same. 16 1. A Member State's withdrawal shall not take effect until six (6) 17 months after enactment of the repealing statute. 18 2. Withdrawal shall not affect the continuing requirement of the with- 19 drawing State's Licensing Authority to comply with the investigative and 20 Adverse Action reporting requirements of this act prior to the effective 21 date of withdrawal. 22 E. This Compact may be amended by the Member States. No amendment to 23 this Compact shall become effective and binding upon any Member State 24 until it is enacted into the laws of all Member States. 25 ARTICLE XII- CONSTRUCTION AND SEVERABILITY 26 This Compact shall be liberally construed to effectuate the purposes 27 thereof. The provisions of this Compact shall be severable and if any 28 phrase, clause, sentence, or provision of this Compact is declared to be 29 contrary to the constitution of any Member State or a State seeking 30 membership in the compact, or of the United States or the applicability 31 thereof to any other government, agency, person or circumstance is held 32 invalid, the validity of the remainder of this Compact and the applica- 33 bility thereof to any government, agency, person, or circumstance shall 34 not be affected thereby. If this Compact shall be held contrary to the 35 constitution of any Member State, the Compact shall remain in full force 36 and effect as to the remaining Member States and in full force and 37 effect as to the Member State affected as to all severable matters. 38 ARTICLE XIII- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 39 A. Nothing herein shall prevent or inhibit the enforcement of any 40 other law of a Member State that is not inconsistent with the Compact. 41 B. Any laws, statutes, regulations, or other legal requirements in a 42 Member State in conflict with the Compact are superseded to the extent 43 of the conflict. 44 C. All permissible agreements between the Commission and the Member 45 States are binding in accordance with their terms. 46 § 2. Severability. If any clause, sentence, paragraph, subdivision, 47 section or part of this act shall be adjudged by any court of competent 48 jurisdiction to be invalid, such judgment shall not affect, impair, or 49 invalidate the remainder thereof, but shall be confined in its operation 50 to the clause, sentence, paragraph, subdivision, section or part thereof 51 directly involved in the controversy in which such judgment shall have 52 been rendered. It is hereby declared to be the intent of the legislature 53 that this act would have been enacted even if such invalid provisions 54 had not been included herein. 55 § 3. This act shall take effect immediately.
