SB46ENROLLED
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28NXIS-3
By Senators Orr, Chesteen
RFD: Education Policy
First Read: 07-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to the mobility of P-12 teachers; to provide
and adopt the Interstate Teacher Mobility Compact to allow
licensed teachers to practice among compact states in a
limited manner; to provide eligibility requirements for
licensed teachers to teach pursuant to the compact; to provide
for a coordinated licensure information system, joint
investigations, and disciplinary actions; to establish the
Interstate Teacher Mobility Compact Commission, and provide
for membership, powers, duties, and rulemaking functions of
the commission; and to provide for oversight of the compact,
enforcement of the compact, default procedures, dispute
resolution, withdrawal of compact states, and amendments to
the compact.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.Purpose.
(a) The purpose of this compact is to facilitate the
mobility of teachers across the member states, with the goal
of supporting teachers through a new pathway to licensure.
Through this compact, the member states seek to establish a
collective regulatory framework that expedites and enhances
the ability of teachers to move across state lines.
(b) This compact is intended to achieve all of the
following objectives and should be interpreted accordingly.
The member states hereby ratify the same intentions by
subscribing hereto.
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(1) Create a streamlined pathway to licensure mobility
for teachers.
(2) Support the relocation of eligible military spouses.
(3) Facilitate and enhance the exchange of licensure,
investigative, and disciplinary information between the member
states.
(4) Enhance the power of state and district level
education officials to hire qualified, competent teachers by
removing barriers to the employment of out-of-state teachers.
(5) Support the retention of teachers in the profession
by removing barriers to relicensure in a new state.
(6) Maintain state sovereignty in the regulation of the teaching
profession.
Section 2.Definitions.
As used in this compact, and except as otherwise
provided, the following definitions shall govern the terms
herein:
(1) ACTIVE MILITARY MEMBER. Any individual with full-time
duty status in the Armed Forces of the United States,
including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any limitation or restriction imposed
by a member state's licensing authority, such as revocation,
suspension, reprimand, probation, or limitation on the
licensee's ability to work as a teacher.
(3) BYLAWS. Those bylaws established by the commission.
(4) CAREER AND TECHNICAL EDUCATION LICENSE. A current,
valid authorization issued by a member state's licensing
authority allowing an individual to serve as a teacher in P-12
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public educational settings in a specific career and technical
education area.
(5) CHARTER MEMBER STATES. A member state that has
enacted legislation to adopt this compact where such
legislation predates the initial meeting of the commission
after the effective date of the compact.
(6) COMMISSION. The interstate administrative body which
membership consists of delegates of all states that have
enacted this compact, and which is known as the Interstate
Teacher Mobility Compact Commission.
(7) COMMISSIONER. The delegate of a member state.
(8) ELIGIBLE LICENSE. A license to engage in the teaching
profession which requires at least a bachelor's degree and the
completion of a state approved program for teacher licensure.
(9) ELIGIBLE MILITARY SPOUSE. The spouse of any
individual in full-time duty status in the active Armed Forces
of the United States including members of the National Guard
and Reserve moving as a result of a military mission or
military career progression requirements or are on their
terminal move as a result of separation or retirement (to
include surviving spouses of deceased military members).
(10) EXECUTIVE COMMITTEE. A group of commissioners
elected or appointed to act on behalf of, and within the
powers granted to them by, the commission as provided for
herein.
(11) LICENSING AUTHORITY. An official, agency, board, or
other entity of a state that is responsible for the licensing
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and regulation of teachers authorized to teach in P-12 public
educational settings.
(12) MEMBER STATE. Any state that has adopted this
compact, including all agencies and officials of that state.
(13) RECEIVING STATE. Any state where a teacher has
applied for licensure under this compact.
(14) RULE. Any regulation adopted by the commission under
this compact, which shall have the force of law in each member
state.
(15) STATE. A state, territory, or possession of the
United States, and the District of Columbia.
(16) STATE PRACTICE LAWS. A member state's laws, rules,
and regulations that govern the teaching profession, define
the scope of the profession, and create the methods and
grounds for imposing discipline.
(17) STATE SPECIFIC REQUIREMENTS. A requirement for
licensure covered in coursework or examination that includes
content of unique interest to the state.
(18) TEACHER. An individual who currently holds an
authorization from a member state that forms the basis for
employment in the P-12 public schools of the state to provide
instruction in a specific subject area, grade level, or
student population.
(19) UNENCUMBERED LICENSE. A current, valid authorization issued
by a member state's licensing authority allowing an individual to
serve as a teacher in P-12 public educational settings. An
unencumbered license is not a restricted, probationary, provisional,
substitute, or temporary credential.
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Section 3.Licensure under the compact.
(a) Licensure under this compact pertains only to the
initial grant of a license by the receiving state. Nothing
herein applies to any subsequent or ongoing compliance
requirements that a receiving state might require for
teachers.
(b) Each member state, in accordance with the rules of
the commission, shall define, compile, and update as
necessary, a list of eligible licenses and career and
technical education licenses that the member state is willing
to consider for equivalency under this compact and provide the
list to the commission. The list shall include those licenses
that a receiving state is willing to grant to teachers from
other member states, pending a determination of equivalency by
the receiving state's licensing authority.
(c) Upon the receipt of an application for licensure by a
teacher holding an unencumbered eligible license, the
receiving state shall determine which of the receiving state's
eligible licenses the teacher is qualified to hold and shall
grant the license or licenses to the applicant. The
determination shall be made in the sole discretion of the
receiving state's licensing authority and may include a
determination that the applicant is not eligible for any of
the receiving state's eligible licenses. For all teachers who
hold an unencumbered license, the receiving state shall grant
one or more unencumbered licenses that, in the receiving
state's sole discretion, are equivalent to the licenses held
by the teacher in any other member state.
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(d) For active military members and eligible military
spouses who hold a license that is not unencumbered, the
receiving state shall grant an equivalent license or licenses
that, in the receiving state's sole discretion, is equivalent
to the license or licenses held by the teacher in any other
member state, except where the receiving state does not have
an equivalent license.
(e) For a teacher holding an unencumbered career and technical
education license, the receiving state shall grant an unencumbered
license equivalent to the career and technical education license held
by the applying teacher and issued by another member state, as
determined by the receiving state in its sole discretion, except
where a career and technical education teacher does not hold a
bachelor's degree and the receiving state requires a bachelor's
degree for licenses to teach career and technical education. A
receiving state may require career and technical education teachers
to meet state industry recognized requirements, if required by law in
the receiving state.
Section 4.Licensure not under the compact.
(a) Except as provided in Section 3, nothing in this
compact shall be construed to limit or inhibit the power of a
member state to regulate licensure or endorsements overseen by
the member state's licensing authority.
(b) When a teacher is required to renew a license
received pursuant to this compact, the state granting the
license may require the teacher to complete state specific
requirements as a condition of licensure renewal or
advancement in that state.
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(c) For the purposes of determining compensation, a
receiving state may require additional information from
teachers receiving a license under this compact.
(d) Nothing in this compact shall be construed to limit
the power of a member state to control and maintain ownership
of its information pertaining to teachers, or limit the
application of a member state's laws or regulations governing
the ownership, use, or dissemination of information pertaining
to teachers.
(e) Nothing in this compact shall be construed to
invalidate or alter any existing agreement or other
cooperative arrangement which a member state may already be a
party to, or limit the ability of a member state to
participate in any future agreement or other cooperative
arrangement to do any of the following:
(1) Award teaching licenses or other benefits based on
additional professional credentials including, but not limited
to, national board certification.
(2) Participate in the exchange of names of teachers
whose license has been subject to an adverse action by a
member state.
(3) Participate in any agreement or cooperative
arrangement with a nonmember state.
Section 5.Teacher qualifications and requirements for
licensure under the compact.
(a) Except as provided for active military members or
eligible military spouses in subsection (d) of Section 3, a
teacher may only be eligible to receive a license under this
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compact where that teacher holds an unencumbered license in a
member state.
(b) A teacher eligible to receive a license under this
compact, unless otherwise provided for herein, shall do all of
the following:
(1) Upon his or her application to receive a license
under this compact, undergo a criminal background check in the
receiving state in accordance with the laws and regulations of
the receiving state.
(2) Provide the receiving state with information in addition to
the information required for licensure for the purposes of
determining compensation, if applicable.
Section 6.Discipline and adverse actions.
(a) Nothing in this compact shall be deemed or construed
to limit the authority of a member state to investigate or
impose disciplinary measures on teachers according to the
state practice laws thereof.
(b) Member states may receive, and shall provide, files
and information regarding the investigation and discipline, if
any, of teachers in other member states upon request. Any
member state receiving the information or files shall protect
and maintain the security and confidentiality thereof, in at
least the same manner that the member state maintains its own
investigatory or disciplinary files and information. Prior to
disclosing any disciplinary or investigatory information
received from another member state, the disclosing state shall
communicate its intention and purpose for the disclosure to
the member state which originally provided that information.
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Section 7.Establishment of the Interstate Teacher
Mobility Compact Commission.
(a) The compact member states hereby create and establish
a joint public agency known as the Interstate Teacher Mobility
Compact Commission:
(1) The commission is a joint interstate governmental
agency comprised of states that have enacted this compact.
(2) Nothing in this compact shall be construed to be a
waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one
delegate to the commission, who shall be given the title of
commissioner.
(2) The commissioner shall be the primary administrative
officer of the state licensing authority or their designee.
(3) Any commissioner may be removed or suspended from
office as provided by the law of the state from which the
commissioner is appointed.
(4) The member state shall fill any vacancy occurring in
the commission within 90 days.
(5) Each commissioner shall be entitled to one vote about
the adoption of rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business
and affairs of the commission. A commissioner shall vote in
person or by other means as provided in the bylaws. The bylaws
may provide for commissioners' participation in meetings by
telephone or other means of communication.
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(6) The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws.
(7) The commission shall establish by rule a term of
office for commissioners.
(c) The commission shall have all of the following powers
and duties:
(1) Establish a code of ethics for the commission.
(2) Establish the fiscal year of the commission.
(3) Establish bylaws for the commission.
(4) Maintain financial records in accordance with the
bylaws of the commission.
(5) Meet and take any actions as are consistent with this
compact, the bylaws, and rules of the commission.
(6) Adopt uniform rules to implement and administer this
compact. The rules shall have the force and effect of law and
shall be binding in all member states. In the event the
commission exercises its rulemaking authority in a manner that
is beyond the scope of the purposes of the compact, or the
powers granted hereunder, then the action by the commission
shall be invalid and have no force and effect of law.
(7) Bring and prosecute legal proceedings or actions in
the name of the commission, provided that the standing of any
member state licensing authority to sue or be sued under
applicable law shall not be affected.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel
including, but not limited to, employees of a member state, or
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an associated nongovernmental organization that is open to
membership by all states.
(10) Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
compact, and establish the commission's personnel policies and
programs relating to conflicts of interest, qualifications of
personnel, and other related personnel matters.
(11) Lease, purchase, accept appropriate gifts or
donations of, or otherwise own, hold, improve, or use, any
property, real, personal, or mixed, provided that at all times
the commission shall avoid any appearance of impropriety.
(12) Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal,
or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) Appoint committees, including standing committees
composed of members and other interested individuals as may be
designated in this compact, rules, or bylaws.
(16) Provide and receive information from, and cooperate
with, law enforcement agencies.
(17) Establish and elect an executive committee.
(18) Establish and develop a charter for an executive
information governance committee to advise on facilitating
exchange of information, use of information, data privacy, and
technical support needs, and provide reports as needed.
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(19) Perform other functions as may be necessary or
appropriate to achieve the purposes of this compact consistent
with the state regulation of teacher licensure.
(20) Determine whether a state's adopted language is
materially different from the model compact language such that
the state would not qualify for participation in the compact.
(d) The executive committee of the compact commission.
(1) The executive committee may act on behalf of the
commission according to the terms of this compact.
(2) The executive committee shall be composed of the
following eight voting members:
a. The commission chair, vice chair, and treasurer.
b. Five members who are elected by the commission from
the current membership, including the following:
1. Four voting members representing geographic regions in
accordance with commission rules.
2. One at-large voting member in accordance with
commission rules.
(3) The commission may add or remove members of the
executive committee as provided in commission rules.
(4) The executive committee shall meet at least once
annually.
(5) The executive committee shall have the following
duties and responsibilities:
a. Recommend to the entire commission changes to the
rules or bylaws, changes to the compact legislation, fees paid
by compact member states including annual dues and any compact
fee charged by the member states on behalf of the commission.
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b. Ensure commission administration services are
appropriately provided, contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the
commission.
e. Monitor compliance of member states and provide
reports to the commission.
f. Perform other duties as provided in rules or bylaws.
(6) Meetings of the commission.
a. All meetings shall be open to the public, and public
notice of meetings shall be given in accordance with
commission bylaws.
b. The commission or the executive committee or other
committees of the commission may convene in a closed,
nonpublic meeting if the commission or executive committee or
other committees of the commission must discuss any of the
following:
1. Noncompliance of a member state with its obligations
under the compact.
2. The employment, compensation, discipline, or other
matters, practices, or procedures related to specific
employees or other matters related to the commission's
internal personnel practices and procedures.
3. Current, threatened, or reasonably anticipated
litigation.
4. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate.
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5. Accusing any individual of a crime or formally
censuring any individual.
6. Disclosure of trade secrets or commercial or financial
information that is privileged or confidential.
7. Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy.
8. Disclosure of investigative records compiled for law
enforcement purposes.
9. Disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant
to the compact.
10. Matters specifically exempted from disclosure by
federal or member state statute.
11. Other matters as set forth by commission bylaws and
rules.
c. If a meeting, or portion of a meeting, is closed
pursuant to this subdivision, the commission's legal counsel
or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision.
d. The commission shall keep minutes of commission
meetings and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a
description of the views expressed. All documents considered
in connection with an action shall be identified in the
minutes. All minutes and documents of a closed meeting shall
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remain under seal, subject to release by a majority vote of
the commission or order of a court of competent jurisdiction.
(7) Financing of the commission.
a. The commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment,
organization, and ongoing activities.
b. The commission may accept all appropriate donations
and grants of money, equipment, supplies, materials, and
services, and receive, utilize, and dispose of the same,
provided that at all times the commission shall avoid any
appearance of impropriety or conflict of interest.
c. The commission may levy on and collect an annual
assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities of
the commission, in accordance with the commission rules.
d. The commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor
shall the commission pledge the credit of any of the member
states, except by and with the authority of the member state.
e. The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the commission shall be subject to accounting procedures
established under commission bylaws. All receipts and
disbursements of funds of the commission shall be reviewed
annually in accordance with commission bylaws, and a report of
the review shall be included in and become part of the annual
report of the commission.
(8) Qualified immunity, defense, and indemnification.
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a. The members, officers, executive director, employees,
and representatives of the commission shall be immune from
suit and liability in their official capacity for any claim
for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or
alleged act, error, or omission that occurred, or that the
individual against whom the claim is made had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing
in this paragraph shall be construed to protect any individual
from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton
misconduct of that individual.
b. The commission shall defend any member, officer,
executive director, employee, or representative of the
commission 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 commission employment,
duties, or responsibilities, or that the individual against
whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties, or
responsibilities; provided that nothing herein shall be
construed to prohibit that individual from retaining his or
her own counsel; and provided further, that the actual or
alleged act, error, or omission did not result from that
individual's intentional or willful or wanton misconduct.
c. The commission shall indemnify and hold harmless any
member, officer, executive director, employee, or
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representative of the commission for the amount of any
settlement or judgment obtained against that individual
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or that the individual had a
reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities, provided
that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of
that individual.
Section 8.Rulemaking.
(a) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this compact and the
rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
(b) The commission shall adopt reasonable rules to
achieve the intent and purpose of this compact. In the event
the commission exercises its rulemaking authority in a manner
that is beyond purpose and intent of this compact, or the
powers granted hereunder, then the action by the commission
shall be invalid and have no force and effect of law in the
member states.
(c) If a majority of the legislatures of the member
states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt this compact within four
years of the date of adoption of the rule, then the rule shall
have no further force and effect in any member state.
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(d) Rules or amendments to the rules shall be adopted or
ratified at a regular or special meeting of the commission in
accordance with commission rules and bylaws.
(e) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule with 48
hours' notice, with opportunity to comment, provided that the
usual rulemaking procedures shall be retroactively applied to
the rule as soon as reasonably possible, in no event later
than 90 days after the effective date of the rule. For the
purposes of this subsection, an emergency rule is one that
must be adopted immediately in order to do any of the
following:
(1) Meet an imminent threat to public health, safety, or
welfare.
(2) Prevent a loss of commission or member state funds.
(3) Meet a deadline for the adoption of an administrative
rule that is established by federal law or rule.
(4) Protect public health and safety.
Section 9.Facilitating information exchange.
(a) The commission shall provide for facilitating the
exchange of information to administer and implement this
compact in accordance with the rules of the commission,
consistent with generally accepted data protection principles.
(b) Nothing in this compact shall be deemed or construed to
alter, limit, or inhibit the power of a member state to control and
maintain ownership of its licensee information or alter, limit, or
inhibit the laws or regulations governing licensee information in the
member state.
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Section 10. Oversight, dispute resolution, and
enforcement.
(a) Oversight.
(1) The executive and judicial branches of state
government in each member state shall enforce this compact and
take all actions necessary and appropriate to effectuate the
compact's purposes and intent. This compact shall have
standing as statutory law.
(2) Venue is proper and judicial proceedings by or
against the commission shall be brought solely and exclusively
in a court of competent jurisdiction where the principal
office of the commission is located. The commission may waive
venue and jurisdictional defenses to the extent it adopts or
consents to participate in alternative dispute resolution
proceedings. Nothing herein shall affect or limit the
selection or propriety of venue in any action against a
licensee for professional malpractice, misconduct, or any
similar matter.
(3) All courts and all administrative agencies shall take
judicial notice of this compact, the rules of the commission,
and any information provided to a member state pursuant
thereto in any judicial or quasi-judicial proceeding in a
member state pertaining to the subject matter of this compact,
or which may affect the powers, responsibilities, or actions
of the commission.
(4) The commission may receive service of process in any
proceeding regarding the enforcement or interpretation of this
compact and shall have standing to intervene in any proceeding
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for all purposes. Failure to provide the commission service of
process shall render a judgment or order void as to the
commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination. If
the commission determines that a member state has defaulted in
the performance of its obligations or responsibilities under
this compact or the adopted rules, the commission shall do all
of the following:
(1) Provide written notice to the defaulting state and
other member states of the nature of the default, the proposed
means of curing the default, or any other action to be taken
by the commission.
(2) Provide remedial training and specific technical
assistance regarding the default.
(c) If a state in default fails to cure the default, the
defaulting state may be terminated from the compact upon an
affirmative vote of a majority of the commissioners of the
member states, and all rights, privileges, and benefits
conferred on that state by this compact may be terminated on
the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
(d) Termination of membership in the compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall
be given by the commission to the governor, the majority and
minority leaders of the defaulting state's legislature, the
state licensing authority and each of the member states.
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(e) A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred through
the effective date of termination, including obligations that
extend beyond the effective date of termination.
(f) The commission shall not bear any costs related to a
state that is found to be in default or that has been
terminated from this compact, unless agreed upon in writing
between the commission and the defaulting state.
(g) The defaulting state may appeal the action of the
commission by petitioning the United States District Court for
the District of Columbia or the federal district where the
commission has its principal office. The prevailing party
shall be awarded all costs of the litigation, including
reasonable attorney's fees.
(h) Dispute resolution.
(1) Upon request by a member state, the commission shall
attempt to resolve disputes related to this compact that arise
among member states and between member and non-member states.
(2) The commission shall adopt a rule providing for both
binding and nonbinding alternative dispute resolution for
disputes as appropriate.
(i) Enforcement.
(1) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact.
(2) By majority vote, the commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the commission has its principal office
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against a member state in default to enforce compliance with this
compact and its adopted rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all
costs of litigation, including reasonable attorney's fees. The
remedies herein shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies available
under federal or state law.
Section 11. Effectuation, withdrawal, and amendment.
(a) The compact shall come into effect on the date on
which the compact statute is enacted into law in the tenth
member state.
(1) On or after the effective date of this compact, the
commission shall convene and review the enactment of each of
the charter member states to determine if the statute enacted
by each charter member state is materially different from the
model compact statute.
(2) A charter member state whose enactment is found to be
materially different from the model compact statute shall be
entitled to the default process set forth in Section 10.
(3) Member states enacting the compact subsequent to the
charter member states shall be subject to the process set
forth in subdivision (c)(20) of Section 7 to determine if
their enactments are materially different from the model
compact statute and whether they qualify for participation in
this compact.
(b) If any member state is later found to be in default,
or is terminated or withdraws from this compact, the
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commission shall remain in existence and the compact shall
remain in effect even if the number of member states should be
less than 10.
(c) Any state that joins the compact after the
commission's initial adoption of the rules and bylaws shall be
subject to the rules and bylaws as they exist on the date on
which the compact becomes law in that state. Any rule that has
been previously adopted by the commission shall have the full
force and effect of law on the day the compact becomes law in
that state, as the rules and bylaws may be amended as provided
in this compact.
(d) Any member state may withdraw from this compact by
enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect
until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing
requirement of the withdrawing state's licensing authority to
comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
(e) This compact may be amended by the member states. No
amendment to this compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
Section 12. Construction and severability.
This compact shall be liberally construed to effectuate the
purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of
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this compact is declared to be contrary to the constitution of
any member state or a state seeking membership in the compact,
or of the United states or the applicability thereof to any
other government, agency, individual, or circumstance is held
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, individual,
or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any member
state, the compact shall remain in full force and effect as to
the remaining member states and in full force and effect as to
the member state affected as to all severable matters.
Section 13. Consistent effect and conflict with other state
laws.
(a) Nothing herein shall prevent or inhibit the
enforcement of any other law of a member state that is not
inconsistent with this compact.
(b) Any laws, statutes, regulations, or other legal
requirements in a member state in conflict with this compact
are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and
the member states are binding in accordance with their terms.
Section 14. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB46
Senate 05-Apr-23
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 11-May-23
By: Senator Orr
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