Nevada § 213.215 - Enactment of Compact

§ 213.215. Enactment of Compact

The Interstate Compact for Adult Offender Supervision is hereby ratified, enacted

into law and entered into with all jurisdictions legally joining in the Compact, in

substantially the form set forth in this section: ARTICLE I. PURPOSE (1) The compacting states to this Interstate Compact recognize that each state is

responsible for the supervision of adult offenders in the community who are authorized

pursuant to the bylaws and rules of this compact to travel across state lines both

to and from each compacting state in such a manner as to track the location of offenders,

transfer supervision authority in an orderly and efficient manner, and when necessary

return offenders to the originating jurisdictions. (2) The compacting states also recognize that Congress, by enacting the Crime Control

Act, 4 U.S.C. Section 112 (1965) , has authorized and encouraged compacts for cooperative efforts and mutual assistance

in the prevention of crime. (3) It is the purpose of this compact and the Interstate Commission created hereunder,

through means of joint and cooperative action among the compacting states to provide

the framework for the promotion of public safety and protect the rights of victims

through the control and regulation of the interstate movement of offenders in the

community, to provide for the effective tracking, supervision and rehabilitation of

these offenders by the sending and receiving states, and to equitably distribute the

costs, benefits and obligations of the compact among the compacting states. (4) In addition, this compact will create an Interstate Commission which will establish

uniform procedures to manage the movement between states of adults placed under community

supervision and released to the community under the jurisdiction of courts, paroling

authorities, corrections or other criminal justice agencies which will promulgate

rules to achieve the purpose of this compact, ensure an opportunity for input and

timely notice to victims and to jurisdictions where defined offenders are authorized

to travel or to relocate across state lines, establish a system of uniform data collection,

access to information on active cases by authorized criminal justice officials and

regular reporting of compact activities to heads of state councils, state executive,

judicial and legislative branches and criminal justice administrators, monitor compliance

with rules governing interstate movement of offenders and initiate interventions to

address and correct noncompliance, and coordinate training and education regarding

regulation of interstate movement of offenders for officials involved in such activity. (5) The compacting states recognize that there is no right of any offender to live

in another state and that duly accredited officers of a sending state may at all times

enter a receiving state and there apprehend and retake any offender under supervision

subject to the provisions of this compact and bylaws and rules promulgated hereunder. (6) It is the policy of the compacting states that the activities conducted by the

Interstate Commission created herein are the formation of public policies and are

therefore public business. ARTICLE II. DEFINITIONS As used in this compact, unless the context clearly requires a different construction: (1) “ Adult ” means both individuals legally classified as adults and juveniles treated as adults

by court order, statute or operation of law. (2) “ Bylaws ” means those bylaws established by the Interstate Commission for its governance or

for directing or controlling the Interstate Commission's actions or conduct. (3) “ Compact administrator ” means the individual in each compacting state appointed pursuant to the terms of

this compact responsible for the administration and management of the state's supervision

and transfer of offenders subject to the terms of this compact, the rules adopted

by the Interstate Commission and policies adopted by the State Council under this

compact. (4) “ Compacting state ” means any state which has enacted the enabling legislation for this compact. (5) “ Commissioner ” means the voting representative of each compacting state appointed pursuant to Article

IV of this compact. (6) “ Interstate Commission ” means the Interstate Commission for Adult Offender Supervision established by this

compact. (7) “ Member ” means the commissioner of a compacting state or designee, who shall be a person

officially connected with the commissioner. (8) “ Noncompacting state ” means any state which has not enacted the enabling legislation for this compact. (9) “ Offender ” means an adult placed under, or subject to, supervision as the result of the commission

of a criminal offense and released to the community under the jurisdiction of courts,

paroling authorities, corrections or other criminal justice agencies. (10) “ Person ” means any individual, corporation, business enterprise, or other legal entity, either

public or private. (11) “ Rules ” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII

of this compact, substantially affecting interested parties in addition to the Interstate

Commission, which shall have the force and effect of law in the compacting states. (12) “ State ” means a state of the United States, the District of Columbia and any other territorial

possession of the United States. (13) “ State Council ” means the resident members of the State Council for Interstate Adult Offender Supervision

created by each state under Article IV of this compact. ARTICLE III. THE COMPACT COMMISSION (1) The compacting states hereby create the “Interstate Commission for Adult Offender

Supervision.” The Interstate Commission shall be a body corporate and joint agency of the compacting

states. The Interstate Commission shall have all the responsibilities, powers and duties

set forth herein, including the power to sue and be sued, and such additional powers

as may be conferred upon it by subsequent action of the respective legislatures of

the compacting states in accordance with the terms of this compact. (2) The Interstate Commission shall consist of commissioners selected and appointed

by resident members of a State Council for Interstate Adult Offender Supervision for

each state. In addition to the commissioners who are the voting representatives of each state,

the Interstate Commission shall include individuals who are not commissioners but

who are members of interested organizations. Such noncommissioner members must include a member of the national organizations

of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting

members. The Interstate Commission may provide in its bylaws for such additional, ex officio,

nonvoting members as it deems necessary. (3) Each compacting state represented at any meeting of the Interstate Commission

is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction

of business, unless a larger quorum is required by the bylaws of the Interstate Commission. (4) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more

compacting states, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the

public. (5) The Interstate Commission shall establish an executive committee which shall include

commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate

Commission during periods when the Interstate Commission is not in session, with the

exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive

director and Interstate Commission staff, administers enforcement and compliance with

the provisions of the compact, its bylaws and as directed by the Interstate Commission

and performs other duties as directed by the Interstate Commission or set forth in

the bylaws. ARTICLE IV. THE STATE COUNCIL (1) The Nevada State Council for Interstate Adult Offender Supervision is hereby created. The Nevada State Council for Interstate Adult Offender Supervision consists of the

following seven members: (a) The compact administrator, appointed by the governor, who shall serve as chairperson

and as commissioner to the Interstate Commission for this state; (b) Three members appointed by the governor, one of whom must be a representative

of an organization supporting the rights of victims of crime; (c) One member of the senate, appointed by the majority leader of the senate; (d) One member of the assembly, appointed by the speaker of the assembly; and (e) One member who is a district judge, appointed by the chief justice of the supreme

court of Nevada. (2) The members of the Nevada State Council for Interstate Adult Offender Supervision

serve at the pleasure of the persons who appointed them. (3) The legislators who are members of the Nevada State Council for Interstate Adult

Offender Supervision are entitled to receive the salary provided for a majority of

the members of the legislature during the first 60 days of the preceding session for

each day's attendance at a meeting of the Nevada State Council for Interstate Adult

Offender Supervision. (4) While engaged in the business of the commission, each member of the Nevada State

Council for Interstate Adult Offender Supervision is entitled to receive the per diem

allowance and travel expenses provided for state officers and employees generally. (5) The Nevada State Council for Interstate Adult Offender Supervision shall develop

policies concerning the operation of the compact within this state and shall exercise

oversight and advocacy concerning its participation in activities of the Interstate

Commission. ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the following powers: (1) To adopt a seal and suitable bylaws governing the management and operation of

the Interstate Commission. (2) To promulgate rules which shall have the force and effect of statutory law and

shall be binding in the compacting states to the extent and in the manner provided

in this compact. (3) To oversee, supervise and coordinate the interstate movement of offenders subject

to the terms of this compact and any bylaws adopted and rules promulgated by the compact

commission. (4) To enforce compliance with compact provisions, Interstate Commission rules and

bylaws, using all necessary and proper means, including, but not limited to, the use

of judicial process. (5) To establish and maintain offices. (6) To purchase and maintain insurance and bonds. (7) To borrow, accept or contract for services of personnel, including, but not limited

to, members and their staffs. (8) To establish and appoint committees and hire staff which it deems necessary for

the carrying out of its functions, including, but not limited to, an executive committee

as required by Article III which shall have the power to act on behalf of the Interstate

Commission in carrying out its powers and duties hereunder. (9) To elect or appoint such officers, attorneys, employees, agents or consultants,

and to fix their compensation, define their duties and determine their qualifications,

and to establish the Interstate Commission's personnel policies and programs relating

to, among other things, conflicts of interest, rates of compensation and qualifications

of personnel. (10) To accept any and all donations and grants of money, equipment, supplies, materials

and services, and to receive, utilize and dispose of same. (11) To lease, purchase, accept contributions or donations of, or otherwise to own,

hold, improve or use any property, real, personal or mixed. (12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose

of any property, real, personal or mixed. (13) To establish a budget and make expenditures and levy dues as provided in Article

X of this compact. (14) To sue and be sued. (15) To provide for dispute resolution among compacting states. (16) To perform such functions as may be necessary or appropriate to achieve the purposes

of this compact. (17) To report annually to the legislatures, governors, judiciary and state councils

of the compacting states concerning the activities of the Interstate Commission during

the preceding year. Such reports shall also include any recommendations that may have been adopted by

the Interstate Commission. (18) To coordinate education, training and public awareness regarding the interstate

movement of offenders for officials involved in such activity. (19) To establish uniform standards for the reporting, collecting and exchanging of

data. ARTICLE VI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONSection A. Bylaws (1) The Interstate Commission shall, by a majority of the members, within 12 months

of the first Interstate Commission meeting, adopt bylaws to govern its conduct as

may be necessary or appropriate to carry out the purposes of the compact, including,

but not limited to: (a) Establishing the fiscal year of the Interstate Commission. (b) Establishing an executive committee and such other committees as may be necessary. (c) Providing reasonable standards and procedures for: (i) The establishment of committees; and (ii) Governing any general or specific delegation of any authority or function of

the Interstate Commission. (d) Providing reasonable procedures for calling and conducting meetings of the Interstate

Commission and ensuring reasonable notice of each such meeting. (e) Establishing the titles and responsibilities of the officers of the Interstate

Commission. (f) Providing reasonable standards and procedures for the establishment of the personnel

policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state,

the bylaws shall exclusively govern the personnel policies and programs of the Interstate

Commission. (g) Providing a mechanism for winding up the operations of the Interstate Commission

and the equitable return of any surplus funds that may exist upon the termination

of the compact after the payment and/or reserving of all of its debts and obligations. (h) Providing transition rules for “start up” administration of the compact. (i) Establishing standards and procedures for compliance and technical assistance

in carrying out the compact. Section B. Officers and Staff (2) The Interstate Commission shall, by a majority of the members, elect from among

its members a chairperson and a vice chairperson, each of whom shall have such authority

and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson shall

preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the

Interstate Commission; provided that, subject to the availability of budgeted funds,

the officers shall be reimbursed for any actual and necessary costs and expenses incurred

by them in the performance of their duties and responsibilities as officers of the

Interstate Commission. (3) The Interstate Commission shall, through its executive committee, appoint or retain

an executive director for such period, upon such terms and conditions and for such

compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and

hire and supervise such other staff as may be authorized by the Interstate Commission,

but shall not be a member. Section C. Corporate Records of the Interstate Commission (4) The Interstate Commission shall maintain its corporate books and records in accordance

with the bylaws. Section D. Qualified Immunity, Defense and Indemnification (5) The members, officers, executive director and employees of the Interstate Commission

shall be immune from suit and liability, either personally or in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil

liability caused or arising out of any actual or alleged act, error or omission that

occurred within the scope of Interstate Commission employment, duties or responsibilities;

provided that nothing in this paragraph shall be construed to protect any such person

from suit and/or liability for any damage, loss, injury or liability caused by the

intentional or willful and wanton misconduct of any such person. (6) The Interstate Commission shall defend the commissioner of a compacting state,

or his or her representatives or employees, or the Interstate Commission's representatives

or employees, in any civil action seeking to impose liability, arising out of any

actual or alleged act, error or omission that occurred within the scope of Interstate

Commission employment, duties or responsibilities, or that the defendant had a reasonable

basis for believing occurred within the scope of Interstate Commission employment,

duties or responsibilities; provided that the actual or alleged act, error or omission

did not result from intentional wrongdoing on the part of such person. (7) The Interstate Commission shall indemnify and hold the commissioner of a compacting

state, the appointed designee or employees, or the Interstate Commission's representatives

or employees, harmless in the amount of any settlement or judgment obtained against

such persons arising out of any actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment, duties or responsibilities,

or that such persons had a reasonable basis for believing occurred within the scope

of Interstate Commission employment, duties or responsibilities; provided that the

actual or alleged act, error or omission did not result from gross negligence or intentional

wrongdoing on the part of such person. ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION (1) The Interstate Commission shall meet and take such actions as are consistent with

the provisions of this compact. (2) Except as otherwise provided in this compact and unless a greater percentage is

required by the bylaws, in order to constitute an act of the Interstate Commission,

such act shall have been taken at a meeting of the Interstate Commission and shall

have received an affirmative vote of a majority of the members present. (3) Each member of the Interstate Commission shall have the right and power to cast

a vote to which that compacting state is entitled and to participate in the business

and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote

to another member state. However, a State Council shall appoint another authorized representative, in the

absence of the commissioner from that state, to cast a vote on behalf of the member

state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other

means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic

communication shall be subject to the same quorum requirements of meetings where members

are present in person. (4) The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any

time and, upon the request of a majority of the members, shall call additional meetings. (5) The Interstate Commission's bylaws shall establish conditions and procedures under

which the Interstate Commission shall make its information and official records available

to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official

records to the extent they would adversely affect personal privacy rights or proprietary

interests. In promulgating such rules, the Interstate Commission may make available to law

enforcement agencies records and information otherwise exempt from disclosure, and

may enter into agreements with law enforcement agencies to receive or exchange information

or records subject to nondisclosure and confidentiality provisions. (6) Public notice shall be given of all meetings and all meetings shall be open to

the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles

contained in the “ Government in Sunshine Act ,” 5 U.S.C. Section 552(b) , as may be amended. The Interstate Commission and any of its committees may close a meeting to the public

where it determines by two-thirds vote that an open meeting would be likely to: (a) Relate solely to the Interstate Commission's internal personnel practices and

procedures. (b) Disclose matters specifically exempted from disclosure by statute. (c) Disclose trade secrets or commercial or financial information which is privileged

or confidential. (d) Involve accusing any person of a crime or formally censuring any person. (e) Disclose information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy. (f) Disclose investigatory records compiled for law enforcement purposes. (g) Disclose information contained in or related to examination, operating or condition

reports prepared by, or on behalf of or for the use of, the Interstate Commission

with respect to a regulated entity for the purpose of regulation or supervision of

such entity. (h) Disclose information, the premature disclosure of which would significantly endanger

the life of a person or the stability of a regulated entity. (i) Specifically relate to the Interstate Commission's issuance of a subpoena, or

its participation in a civil action or proceeding. For every meeting closed pursuant to this provision, the Interstate Commission's chief

legal officer shall publicly certify that, in his or her opinion, the meeting may

be closed to the public, and shall reference each relevant exemptive provision. (7) The Interstate Commission shall keep minutes which shall fully and clearly describe

all matters discussed in any meeting and shall provide a full and accurate summary

of any actions taken, and the reasons therefor, including a description of each of

the views expressed on any item and the record of any roll call vote (reflected in

the vote of each member on the question). All documents considered in connection with any action shall be identified in such

minutes. (8) The Interstate Commission shall collect standardized data concerning the interstate

movement of offenders as directed through its bylaws and rules which shall specify

the data to be collected, the means of collection and data exchange and reporting

requirements. ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION (1) The Interstate Commission shall promulgate rules in order to effectively and efficiently

achieve the purposes of the compact, including transition rules governing administration

of the compact during the period in which it is being considered and enacted by the

states. (2) Rulemaking shall occur pursuant to the criteria set forth in this article and

the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative

Procedure Act, 5 U.S.C. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. App. 2, Section 1 et seq., as may be amended (hereinafter “APA”). (3) All rules and amendments shall become binding as of the date specified in each

rule or amendment. (4) If a majority of the legislatures of the compacting states rejects a rule, by

enactment of a statute or resolution in the same manner used to adopt the compact,

then such rule shall have no further force and effect in any compacting state. (5) When promulgating a rule, the Interstate Commission shall: (a) Publish the proposed rule stating with particularity the text of the rule which

is proposed and the reason for the proposed rule. (b) Allow persons to submit written data, facts, opinions and arguments, which information

shall be publicly available. (c) Provide an opportunity for an informal hearing. (d) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking

record. (6) Not later than 60 days after a rule is promulgated, any interested person may

file a petition in the United States District Court for the District of Columbia or

in the federal district court where the Interstate Commission's principal office is

located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial

evidence, as defined in the APA, in the rulemaking record, the court shall hold the

rule unlawful and set it aside. (7) Subjects to be addressed within 12 months after the first meeting must at a minimum

include: (a) Notice to victims and opportunity to be heard. (b) Offender registration and compliance. (c) Violations/returns. (d) Transfer procedures and forms. (e) Eligibility for transfer. (f) Collection of restitution and fees from offenders. (g) Data collection and reporting. (h) The level of supervision to be provided by the receiving state. (i) Transition rules governing the operation of the compact and the Interstate Commission

during all or part of the period between the effective date of the compact and the

date on which the last eligible state adopts the compact. (j) Mediation, arbitration and dispute resolution. (8) The existing rules governing the operation of the previous compact superseded

by this act shall be null and void 12 months after the first meeting of the Interstate

Commission created hereunder. (9) Upon determination by the Interstate Commission that an emergency exists, it may

promulgate an emergency rule which shall become effective immediately upon adoption;

provided that the usual rulemaking procedures provided hereunder shall be retroactively

applied to said rule as soon as reasonably possible, in no event later than 90 days

after the effective date of the rule. ARTICLE IX. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSIONSection A. Oversight (1) The Interstate Commission shall oversee the interstate movement of adult offenders

in the compacting states and shall monitor such activities being administered in noncompacting

states which may significantly affect compacting states. (2) The courts and executive agencies in each compacting state shall enforce this

compact and shall take all actions necessary and appropriate to effectuate the compact's

purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to

the subject matter of this compact which may affect the powers, responsibilities or

actions of the Interstate Commission, the Interstate Commission shall be entitled

to receive all service of process in any such proceeding, and shall have standing

to intervene in the proceeding for all purposes. Section B. Dispute Resolution (3) The compacting states shall report to the Interstate Commission on issues or activities

of concern to them, and cooperate with and support the Interstate Commission in the

discharge of its duties and responsibilities. (4) The Interstate Commission shall attempt to resolve any disputes or other issues

which are subject to the compact and which may arise among compacting states and noncompacting

states. (5) The Interstate Commission shall enact a bylaw or promulgate a rule providing for

both mediation and binding dispute resolution for disputes among the compacting states. Section C. Enforcement (6) The Interstate Commission, in the reasonable exercise of its discretion, shall

enforce the provisions of this compact using any or all means set forth in Article

XII, Section B, of this compact. ARTICLE X. FINANCE (1) The Interstate Commission shall pay or provide for the payment of the reasonable

expenses of its establishment, organization and ongoing activities. (2) The Interstate Commission shall levy on and collect an annual assessment from

each compacting state to cover the cost of the internal operations and activities

of the Interstate Commission and its staff which must be in a total amount sufficient

to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to

be determined by the Interstate Commission, taking into consideration the population

of the state and the volume of interstate movement of offenders in each compacting

state and shall promulgate a rule binding upon all compacting states which governs

said assessment. (3) The Interstate Commission shall not incur any obligations of any kind prior to

securing the funds adequate to meet the same, nor shall the Interstate Commission

pledge the credit of any of the compacting states, except by and with the authority

of the compacting state. (4) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to

the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission

shall be audited yearly by a certified or licensed public accountant and the report

of the audit shall be included in and become part of the annual report of the Interstate

Commission. ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT (1) Any state, as defined in Article II of this compact, is eligible to become a compacting

state. (2) The compact shall become effective and binding upon legislative enactment of the

compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment

into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state,

upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate

in Interstate Commission activities on a nonvoting basis prior to adoption of the

compact by all states and territories of the United States. (3) Amendments to the compact may be proposed by the Interstate Commission for enactment

by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and

the compacting states unless and until it is enacted into law by unanimous consent

of the compacting states. ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENTSection A. Withdrawal (1) Once effective, the compact shall continue in force and remain binding upon each

and every compacting state; provided that a compacting state may withdraw from the

compact (“withdrawing state”) by enacting a statute specifically repealing the statute

which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal. (2) The withdrawing state shall immediately notify the chairperson of the Interstate

Commission in writing upon the introduction of legislation repealing this compact

in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing

state's intent to withdraw within 60 days of its receipt thereof. (3) The withdrawing state is responsible for all assessments, obligations and liabilities

incurred through the effective date of withdrawal, including any obligations, the

performance of which extends beyond the effective date of withdrawal. (4) Reinstatement following withdrawal of any compacting state shall occur upon the

withdrawing state reenacting the compact or upon such later date as determined by

the Interstate Commission. Section B. Default (5) If the Interstate Commission determines that any compacting state has at any time

defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities

under this compact, the bylaws or any duly promulgated rules, the Interstate Commission

may impose any or all of the following penalties: (a) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed

by the Interstate Commission. (b) Remedial training and technical assistance as directed by the Interstate Commission. (c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance

under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the

governor, the chief justice or chief judicial officer of the state, the majority and

minority leaders of the defaulting state's legislature, and the State Council. (6) The grounds for default include, but are not limited to, failure of a compacting

state to perform such obligations or responsibilities imposed upon it by this compact,

Interstate Commission bylaws or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing

of the penalty imposed by the Interstate Commission on the defaulting state pending

a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within

which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified

by the Interstate Commission, in addition to any other penalties imposed herein, the

defaulting state may be terminated from the compact upon an affirmative vote of a

majority of the compacting states and all rights, privileges and benefits conferred

by this compact shall be terminated from the effective date of suspension. (7) Within 60 days of the effective date of termination of a defaulting state, the

Interstate Commission shall notify the governor, the chief justice or chief judicial

officer and the majority and minority leaders of the defaulting state's legislature

and the State Council of such termination. (8) The defaulting state is responsible for all assessments, obligations and liabilities

incurred through the effective date of termination, including any obligations, the

performance of which extends beyond the effective date of termination. (9) The Interstate Commission shall not bear any costs relating to the defaulting

state unless otherwise mutually agreed upon between the Interstate Commission and

the defaulting state. (10) Reinstatement following termination of any compacting state requires both a reenactment

of the compact by the defaulting state and the approval of the Interstate Commission

pursuant to the rules. Section C. Judicial Enforcement (11) The Interstate Commission may, by majority vote of the members, initiate legal

action in the United States District Court for the District of Columbia or, at the

discretion of the Interstate Commission, in the federal district where the Interstate

Commission has its offices to enforce compliance with the provisions of the compact,

its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded

all costs of such litigation including reasonable attorney's fees. Section D. Dissolution of Compact (12) The compact dissolves effective upon the date of the withdrawal or default of

the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes null and void and shall

be of no further force or effect, and the business and affairs of the Interstate Commission

shall be wound up and any surplus funds shall be distributed in accordance with the

bylaws. ARTICLE XIII. SEVERABILITY AND CONSTRUCTION (1) The provisions of this compact shall be severable, and if any phrase, clause,

sentence or provision is deemed unenforceable, the remaining provisions of the compact

shall be enforceable. (2) The provisions of this compact shall be liberally construed to effectuate its

purposes. ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWSSection A. Other Laws (1) Nothing herein prevents the enforcement of any other law of a compacting state

that is not inconsistent with this compact. (2) The laws of this state, other than the constitution of the State of Nevada, that

conflict with this compact are superseded to the extent of the conflict. Section B. Binding Effect of the Compact (3) All lawful actions of the Interstate Commission, including all rules and bylaws

promulgated by the Interstate Commission, are binding upon the compacting states. (4) All agreements between the Interstate Commission and the compacting states are

binding in accordance with their terms. (5) Upon the request of a party to a conflict over meaning or interpretation of Interstate

Commission actions, and upon a majority vote of the compacting states, the Interstate

Commission may issue advisory opinions regarding such meaning or interpretation. (6) In the event any provision of this compact exceeds the constitutional limits imposed

on the legislature of any compacting state, the obligations, duties, powers or jurisdiction

sought to be conferred by such provision upon the Interstate Commission shall be ineffective

and such obligations, duties, powers or jurisdiction shall remain in the compacting

state and shall be exercised by the agency thereof to which such obligations, duties,

powers or jurisdiction are delegated by law in effect at the time this compact becomes

effective. (7) This state is bound by the bylaws and rules promulgated under this compact only

to the extent that the operation of the bylaws and rules does not impose an obligation

exceeding any limitation on state power or authority contained in the constitution

of the State of Nevada as interpreted by the courts of this state.