AL
Alabama Senate Bill SB46

Alabama 2023 Regular Session

Alabama Senate Bill SB46 Compare Versions

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44 By Senators Orr, Chesteen
55 RFD: Education Policy
66 First Read: 07-Mar-23
7-2023 Regular Session
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14-Enrolled, An Act,
15-Relating to the mobility of P-12 teachers; to provide
16-and adopt the Interstate Teacher Mobility Compact to allow
17-licensed teachers to practice among compact states in a
18-limited manner; to provide eligibility requirements for
19-licensed teachers to teach pursuant to the compact; to provide
20-for a coordinated licensure information system, joint
21-investigations, and disciplinary actions; to establish the
22-Interstate Teacher Mobility Compact Commission, and provide
23-for membership, powers, duties, and rulemaking functions of
24-the commission; and to provide for oversight of the compact,
13+SYNOPSIS:
14+This bill would establish the Interstate Teacher
15+Mobility Compact.
16+This bill would facilitate the mobility of P-12
17+licensed teachers across state lines and among compact
18+member states.
19+This bill would authorize state licensing
20+authorities in compact states, which would include the
21+State Department of Education, to legally recognize, in
22+a manner consistent with terms of the compact, teachers
23+licensed within those states.
24+This bill would provide eligibility requirements
25+for licensed teachers to teach pursuant to the compact.
26+This bill would provide accommodations for
27+licensed teachers who are active duty personnel and
28+their spouses.
29+This bill would provide for a coordinated
30+licensure database for reporting licensure,
31+investigative information, and disciplinary actions.
32+This bill would establish the Interstate Teacher
33+Mobility Compact Commission, and would provide for
34+membership, powers, and duties.
35+This bill would also provide for the rulemaking
36+functions of the commission, oversight of the compact,
2537 enforcement of the compact, default procedures, dispute
26-resolution, withdrawal of compact states, and amendments to
27-the compact.
28-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29-Section 1.Purpose.
30-(a) The purpose of this compact is to facilitate the
31-mobility of teachers across the member states, with the goal
32-of supporting teachers through a new pathway to licensure.
33-Through this compact, the member states seek to establish a
34-collective regulatory framework that expedites and enhances
35-the ability of teachers to move across state lines.
36-(b) This compact is intended to achieve all of the
37-following objectives and should be interpreted accordingly.
38-The member states hereby ratify the same intentions by
39-subscribing hereto.
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69-(1) Create a streamlined pathway to licensure mobility
70-for teachers.
71-(2) Support the relocation of eligible military spouses.
72-(3) Facilitate and enhance the exchange of licensure,
73-investigative, and disciplinary information between the member
74-states.
75-(4) Enhance the power of state and district level
76-education officials to hire qualified, competent teachers by
77-removing barriers to the employment of out-of-state teachers.
78-(5) Support the retention of teachers in the profession
79-by removing barriers to relicensure in a new state.
80-(6) Maintain state sovereignty in the regulation of the teaching
81-profession.
82-Section 2.Definitions.
83-As used in this compact, and except as otherwise
84-provided, the following definitions shall govern the terms
85-herein:
86-(1) ACTIVE MILITARY MEMBER. Any individual with full-time
87-duty status in the Armed Forces of the United States,
88-including members of the National Guard and Reserve.
89-(2) ADVERSE ACTION. Any limitation or restriction imposed
90-by a member state's licensing authority, such as revocation,
91-suspension, reprimand, probation, or limitation on the
92-licensee's ability to work as a teacher.
93-(3) BYLAWS. Those bylaws established by the commission.
94-(4) CAREER AND TECHNICAL EDUCATION LICENSE. A current,
95-valid authorization issued by a member state's licensing
96-authority allowing an individual to serve as a teacher in P-12
67+resolution, withdrawal of compact states, and
68+amendments to the compact.
69+A BILL
70+TO BE ENTITLED
71+AN ACT
72+Relating to the mobility of P-12 teachers; to provide
73+and adopt the Interstate Teacher Mobility Compact to allow
74+licensed teachers to practice among compact states in a
75+limited manner; to provide eligibility requirements for
76+licensed teachers to teach pursuant to the compact; to provide
77+for a coordinated licensure information system, joint
78+investigations, and disciplinary actions; to establish the
79+Interstate Teacher Mobility Compact Commission, and provide
80+for membership, powers, duties, and rulemaking functions of
81+the commission; and to provide for oversight of the compact,
82+enforcement of the compact, default procedures, dispute
83+resolution, withdrawal of compact states, and amendments to
84+the compact.
85+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
86+Section 1.Purpose.
87+(a) The purpose of this compact is to facilitate the
88+mobility of teachers across the member states, with the goal
89+of supporting teachers through a new pathway to licensure.
90+Through this compact, the member states seek to establish a
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126-public educational settings in a specific career and technical
127-education area.
128-(5) CHARTER MEMBER STATES. A member state that has
129-enacted legislation to adopt this compact where such
130-legislation predates the initial meeting of the commission
131-after the effective date of the compact.
132-(6) COMMISSION. The interstate administrative body which
133-membership consists of delegates of all states that have
134-enacted this compact, and which is known as the Interstate
135-Teacher Mobility Compact Commission.
136-(7) COMMISSIONER. The delegate of a member state.
137-(8) ELIGIBLE LICENSE. A license to engage in the teaching
138-profession which requires at least a bachelor's degree and the
139-completion of a state approved program for teacher licensure.
140-(9) ELIGIBLE MILITARY SPOUSE. The spouse of any
141-individual in full-time duty status in the active Armed Forces
142-of the United States including members of the National Guard
143-and Reserve moving as a result of a military mission or
144-military career progression requirements or are on their
145-terminal move as a result of separation or retirement (to
146-include surviving spouses of deceased military members).
147-(10) EXECUTIVE COMMITTEE. A group of commissioners
148-elected or appointed to act on behalf of, and within the
149-powers granted to them by, the commission as provided for
150-herein.
151-(11) LICENSING AUTHORITY. An official, agency, board, or
152-other entity of a state that is responsible for the licensing
119+collective regulatory framework that expedites and enhances
120+the ability of teachers to move across state lines.
121+(b) This compact is intended to achieve all of the
122+following objectives and should be interpreted accordingly.
123+The member states hereby ratify the same intentions by
124+subscribing hereto.
125+(1) Create a streamlined pathway to licensure mobility
126+for teachers.
127+(2) Support the relocation of eligible military spouses.
128+(3) Facilitate and enhance the exchange of licensure,
129+investigative, and disciplinary information between the member
130+states.
131+(4) Enhance the power of state and district level
132+education officials to hire qualified, competent teachers by
133+removing barriers to the employment of out-of-state teachers.
134+(5) Support the retention of teachers in the profession
135+by removing barriers to relicensure in a new state.
136+(6) Maintain state sovereignty in the regulation of the teaching
137+profession.
138+Section 2.Definitions.
139+As used in this compact, and except as otherwise
140+provided, the following definitions shall govern the terms
141+herein:
142+(1) ACTIVE MILITARY MEMBER. Any individual with full-time
143+duty status in the Armed Forces of the United States,
144+including members of the National Guard and Reserve.
145+(2) ADVERSE ACTION. Any limitation or restriction imposed
146+by a member state's licensing authority, such as revocation,
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181-and regulation of teachers authorized to teach in P-12 public
182-educational settings.
183-(12) MEMBER STATE. Any state that has adopted this
184-compact, including all agencies and officials of that state.
185-(13) RECEIVING STATE. Any state where a teacher has
186-applied for licensure under this compact.
187-(14) RULE. Any regulation adopted by the commission under
188-this compact, which shall have the force of law in each member
189-state.
190-(15) STATE. A state, territory, or possession of the
191-United States, and the District of Columbia.
192-(16) STATE PRACTICE LAWS. A member state's laws, rules,
193-and regulations that govern the teaching profession, define
194-the scope of the profession, and create the methods and
195-grounds for imposing discipline.
196-(17) STATE SPECIFIC REQUIREMENTS. A requirement for
197-licensure covered in coursework or examination that includes
198-content of unique interest to the state.
199-(18) TEACHER. An individual who currently holds an
200-authorization from a member state that forms the basis for
201-employment in the P-12 public schools of the state to provide
202-instruction in a specific subject area, grade level, or
203-student population.
204-(19) UNENCUMBERED LICENSE. A current, valid authorization issued
205-by a member state's licensing authority allowing an individual to
206-serve as a teacher in P-12 public educational settings. An
207-unencumbered license is not a restricted, probationary, provisional,
208-substitute, or temporary credential.
176+suspension, reprimand, probation, or limitation on the
177+licensee's ability to work as a teacher.
178+(3) BYLAWS. Those bylaws established by the commission.
179+(4) CAREER AND TECHNICAL EDUCATION LICENSE. A current,
180+valid authorization issued by a member state's licensing
181+authority allowing an individual to serve as a teacher in P-12
182+public educational settings in a specific career and technical
183+education area.
184+(5) CHARTER MEMBER STATES. A member state that has
185+enacted legislation to adopt this compact where such
186+legislation predates the initial meeting of the commission
187+after the effective date of the compact.
188+(6) COMMISSION. The interstate administrative body which
189+membership consists of delegates of all states that have
190+enacted this compact, and which is known as the Interstate
191+Teacher Mobility Compact Commission.
192+(7) COMMISSIONER. The delegate of a member state.
193+(8) ELIGIBLE LICENSE. A license to engage in the teaching
194+profession which requires at least a bachelor's degree and the
195+completion of a state approved program for teacher licensure.
196+(9) ELIGIBLE MILITARY SPOUSE. The spouse of any
197+individual in full-time duty status in the active Armed Forces
198+of the United States including members of the National Guard
199+and Reserve moving as a result of a military mission or
200+military career progression requirements or are on their
201+terminal move as a result of separation or retirement (to
202+include surviving spouses of deceased military members).
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238-Section 3.Licensure under the compact.
239-(a) Licensure under this compact pertains only to the
240-initial grant of a license by the receiving state. Nothing
241-herein applies to any subsequent or ongoing compliance
242-requirements that a receiving state might require for
243-teachers.
244-(b) Each member state, in accordance with the rules of
245-the commission, shall define, compile, and update as
246-necessary, a list of eligible licenses and career and
247-technical education licenses that the member state is willing
248-to consider for equivalency under this compact and provide the
249-list to the commission. The list shall include those licenses
250-that a receiving state is willing to grant to teachers from
251-other member states, pending a determination of equivalency by
252-the receiving state's licensing authority.
253-(c) Upon the receipt of an application for licensure by a
254-teacher holding an unencumbered eligible license, the
255-receiving state shall determine which of the receiving state's
256-eligible licenses the teacher is qualified to hold and shall
257-grant the license or licenses to the applicant. The
258-determination shall be made in the sole discretion of the
259-receiving state's licensing authority and may include a
260-determination that the applicant is not eligible for any of
261-the receiving state's eligible licenses. For all teachers who
262-hold an unencumbered license, the receiving state shall grant
263-one or more unencumbered licenses that, in the receiving
264-state's sole discretion, are equivalent to the licenses held
265-by the teacher in any other member state.
231+(10) EXECUTIVE COMMITTEE. A group of commissioners
232+elected or appointed to act on behalf of, and within the
233+powers granted to them by, the commission as provided for
234+herein.
235+(11) LICENSING AUTHORITY. An official, agency, board, or
236+other entity of a state that is responsible for the licensing
237+and regulation of teachers authorized to teach in P-12 public
238+educational settings.
239+(12) MEMBER STATE. Any state that has adopted this
240+compact, including all agencies and officials of that state.
241+(13) RECEIVING STATE. Any state where a teacher has
242+applied for licensure under this compact.
243+(14) RULE. Any regulation adopted by the commission under
244+this compact, which shall have the force of law in each member
245+state.
246+(15) STATE. A state, territory, or possession of the
247+United States, and the District of Columbia.
248+(16) STATE PRACTICE LAWS. A member state's laws, rules,
249+and regulations that govern the teaching profession, define
250+the scope of the profession, and create the methods and
251+grounds for imposing discipline.
252+(17) STATE SPECIFIC REQUIREMENTS. A requirement for
253+licensure covered in coursework or examination that includes
254+content of unique interest to the state.
255+(18) TEACHER. An individual who currently holds an
256+authorization from a member state that forms the basis for
257+employment in the P-12 public schools of the state to provide
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286+instruction in a specific subject area, grade level, or
287+student population.
288+(19) UNENCUMBERED LICENSE. A current, valid authorization issued
289+by a member state's licensing authority allowing an individual to
290+serve as a teacher in P-12 public educational settings. An
291+unencumbered license is not a restricted, probationary, provisional,
292+substitute, or temporary credential.
293+Section 3.Licensure under the compact.
294+(a) Licensure under this compact pertains only to the
295+initial grant of a license by the receiving state. Nothing
296+herein applies to any subsequent or ongoing compliance
297+requirements that a receiving state might require for
298+teachers.
299+(b) Each member state, in accordance with the rules of
300+the commission, shall define, compile, and update as
301+necessary, a list of eligible licenses and career and
302+technical education licenses that the member state is willing
303+to consider for equivalency under this compact and provide the
304+list to the commission. The list shall include those licenses
305+that a receiving state is willing to grant to teachers from
306+other member states, pending a determination of equivalency by
307+the receiving state's licensing authority.
308+(c) Upon the receipt of an application for licensure by a
309+teacher holding an unencumbered eligible license, the
310+receiving state shall determine which of the receiving state's
311+eligible licenses the teacher is qualified to hold and shall
312+grant the license or licenses to the applicant. The
313+determination shall be made in the sole discretion of the
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295-(d) For active military members and eligible military
296-spouses who hold a license that is not unencumbered, the
297-receiving state shall grant an equivalent license or licenses
298-that, in the receiving state's sole discretion, is equivalent
299-to the license or licenses held by the teacher in any other
300-member state, except where the receiving state does not have
301-an equivalent license.
302-(e) For a teacher holding an unencumbered career and technical
303-education license, the receiving state shall grant an unencumbered
304-license equivalent to the career and technical education license held
305-by the applying teacher and issued by another member state, as
306-determined by the receiving state in its sole discretion, except
307-where a career and technical education teacher does not hold a
308-bachelor's degree and the receiving state requires a bachelor's
309-degree for licenses to teach career and technical education. A
310-receiving state may require career and technical education teachers
311-to meet state industry recognized requirements, if required by law in
312-the receiving state.
313-Section 4.Licensure not under the compact.
314-(a) Except as provided in Section 3, nothing in this
315-compact shall be construed to limit or inhibit the power of a
316-member state to regulate licensure or endorsements overseen by
317-the member state's licensing authority.
318-(b) When a teacher is required to renew a license
319-received pursuant to this compact, the state granting the
320-license may require the teacher to complete state specific
321-requirements as a condition of licensure renewal or
322-advancement in that state.
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343+receiving state's licensing authority and may include a
344+determination that the applicant is not eligible for any of
345+the receiving state's eligible licenses. For all teachers who
346+hold an unencumbered license, the receiving state shall grant
347+one or more unencumbered licenses that, in the receiving
348+state's sole discretion, are equivalent to the licenses held
349+by the teacher in any other member state.
350+(d) For active military members and eligible military
351+spouses who hold a license that is not unencumbered, the
352+receiving state shall grant an equivalent license or licenses
353+that, in the receiving state's sole discretion, is equivalent
354+to the license or licenses held by the teacher in any other
355+member state, except where the receiving state does not have
356+an equivalent license.
357+(e) For a teacher holding an unencumbered career and technical
358+education license, the receiving state shall grant an unencumbered
359+license equivalent to the career and technical education license held
360+by the applying teacher and issued by another member state, as
361+determined by the receiving state in its sole discretion, except
362+where a career and technical education teacher does not hold a
363+bachelor's degree and the receiving state requires a bachelor's
364+degree for licenses to teach career and technical education. A
365+receiving state may require career and technical education teachers
366+to meet state industry recognized requirements, if required by law in
367+the receiving state.
368+Section 4.Licensure not under the compact.
369+(a) Except as provided in Section 3, nothing in this
370+compact shall be construed to limit or inhibit the power of a
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352-(c) For the purposes of determining compensation, a
353-receiving state may require additional information from
354-teachers receiving a license under this compact.
355-(d) Nothing in this compact shall be construed to limit
356-the power of a member state to control and maintain ownership
357-of its information pertaining to teachers, or limit the
358-application of a member state's laws or regulations governing
359-the ownership, use, or dissemination of information pertaining
360-to teachers.
361-(e) Nothing in this compact shall be construed to
362-invalidate or alter any existing agreement or other
363-cooperative arrangement which a member state may already be a
364-party to, or limit the ability of a member state to
365-participate in any future agreement or other cooperative
366-arrangement to do any of the following:
367-(1) Award teaching licenses or other benefits based on
368-additional professional credentials including, but not limited
369-to, national board certification.
370-(2) Participate in the exchange of names of teachers
371-whose license has been subject to an adverse action by a
372-member state.
373-(3) Participate in any agreement or cooperative
374-arrangement with a nonmember state.
375-Section 5.Teacher qualifications and requirements for
376-licensure under the compact.
377-(a) Except as provided for active military members or
378-eligible military spouses in subsection (d) of Section 3, a
379-teacher may only be eligible to receive a license under this
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400+member state to regulate licensure or endorsements overseen by
401+the member state's licensing authority.
402+(b) When a teacher is required to renew a license
403+received pursuant to this compact, the state granting the
404+license may require the teacher to complete state specific
405+requirements as a condition of licensure renewal or
406+advancement in that state.
407+(c) For the purposes of determining compensation, a
408+receiving state may require additional information from
409+teachers receiving a license under this compact.
410+(d) Nothing in this compact shall be construed to limit
411+the power of a member state to control and maintain ownership
412+of its information pertaining to teachers, or limit the
413+application of a member state's laws or regulations governing
414+the ownership, use, or dissemination of information pertaining
415+to teachers.
416+(e) Nothing in this compact shall be construed to
417+invalidate or alter any existing agreement or other
418+cooperative arrangement which a member state may already be a
419+party to, or limit the ability of a member state to
420+participate in any future agreement or other cooperative
421+arrangement to do any of the following:
422+(1) Award teaching licenses or other benefits based on
423+additional professional credentials including, but not limited
424+to, national board certification.
425+(2) Participate in the exchange of names of teachers
426+whose license has been subject to an adverse action by a
427+member state.
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409-compact where that teacher holds an unencumbered license in a
410-member state.
411-(b) A teacher eligible to receive a license under this
412-compact, unless otherwise provided for herein, shall do all of
413-the following:
414-(1) Upon his or her application to receive a license
415-under this compact, undergo a criminal background check in the
416-receiving state in accordance with the laws and regulations of
417-the receiving state.
418-(2) Provide the receiving state with information in addition to
419-the information required for licensure for the purposes of
420-determining compensation, if applicable.
421-Section 6.Discipline and adverse actions.
422-(a) Nothing in this compact shall be deemed or construed
423-to limit the authority of a member state to investigate or
424-impose disciplinary measures on teachers according to the
425-state practice laws thereof.
426-(b) Member states may receive, and shall provide, files
427-and information regarding the investigation and discipline, if
428-any, of teachers in other member states upon request. Any
429-member state receiving the information or files shall protect
430-and maintain the security and confidentiality thereof, in at
431-least the same manner that the member state maintains its own
432-investigatory or disciplinary files and information. Prior to
433-disclosing any disciplinary or investigatory information
434-received from another member state, the disclosing state shall
435-communicate its intention and purpose for the disclosure to
436-the member state which originally provided that information.
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457+(3) Participate in any agreement or cooperative
458+arrangement with a nonmember state.
459+Section 5.Teacher qualifications and requirements for
460+licensure under the compact.
461+(a) Except as provided for active military members or
462+eligible military spouses in subsection (d) of Section 3, a
463+teacher may only be eligible to receive a license under this
464+compact where that teacher holds an unencumbered license in a
465+member state.
466+(b) A teacher eligible to receive a license under this
467+compact, unless otherwise provided for herein, shall do all of
468+the following:
469+(1) Upon his or her application to receive a license
470+under this compact, undergo a criminal background check in the
471+receiving state in accordance with the laws and regulations of
472+the receiving state.
473+(2) Provide the receiving state with information in addition to
474+the information required for licensure for the purposes of
475+determining compensation, if applicable.
476+Section 6.Discipline and adverse actions.
477+(a) Nothing in this compact shall be deemed or construed
478+to limit the authority of a member state to investigate or
479+impose disciplinary measures on teachers according to the
480+state practice laws thereof.
481+(b) Member states may receive, and shall provide, files
482+and information regarding the investigation and discipline, if
483+any, of teachers in other member states upon request. Any
484+member state receiving the information or files shall protect
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466-Section 7.Establishment of the Interstate Teacher
467-Mobility Compact Commission.
468-(a) The compact member states hereby create and establish
469-a joint public agency known as the Interstate Teacher Mobility
470-Compact Commission:
471-(1) The commission is a joint interstate governmental
472-agency comprised of states that have enacted this compact.
473-(2) Nothing in this compact shall be construed to be a
474-waiver of sovereign immunity.
475-(b) Membership, voting, and meetings.
476-(1) Each member state shall have and be limited to one
477-delegate to the commission, who shall be given the title of
478-commissioner.
479-(2) The commissioner shall be the primary administrative
480-officer of the state licensing authority or their designee.
481-(3) Any commissioner may be removed or suspended from
482-office as provided by the law of the state from which the
483-commissioner is appointed.
484-(4) The member state shall fill any vacancy occurring in
485-the commission within 90 days.
486-(5) Each commissioner shall be entitled to one vote about
487-the adoption of rules and creation of bylaws and shall
488-otherwise have an opportunity to participate in the business
489-and affairs of the commission. A commissioner shall vote in
490-person or by other means as provided in the bylaws. The bylaws
491-may provide for commissioners' participation in meetings by
492-telephone or other means of communication.
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521-(6) The commission shall meet at least once during each
522-calendar year. Additional meetings shall be held as set forth
523-in the bylaws.
524-(7) The commission shall establish by rule a term of
525-office for commissioners.
526-(c) The commission shall have all of the following powers
527-and duties:
528-(1) Establish a code of ethics for the commission.
529-(2) Establish the fiscal year of the commission.
530-(3) Establish bylaws for the commission.
531-(4) Maintain financial records in accordance with the
532-bylaws of the commission.
533-(5) Meet and take any actions as are consistent with this
534-compact, the bylaws, and rules of the commission.
535-(6) Adopt uniform rules to implement and administer this
536-compact. The rules shall have the force and effect of law and
537-shall be binding in all member states. In the event the
538-commission exercises its rulemaking authority in a manner that
539-is beyond the scope of the purposes of the compact, or the
540-powers granted hereunder, then the action by the commission
541-shall be invalid and have no force and effect of law.
542-(7) Bring and prosecute legal proceedings or actions in
543-the name of the commission, provided that the standing of any
544-member state licensing authority to sue or be sued under
545-applicable law shall not be affected.
546-(8) Purchase and maintain insurance and bonds.
547-(9) Borrow, accept, or contract for services of personnel
548-including, but not limited to, employees of a member state, or
514+and maintain the security and confidentiality thereof, in at
515+least the same manner that the member state maintains its own
516+investigatory or disciplinary files and information. Prior to
517+disclosing any disciplinary or investigatory information
518+received from another member state, the disclosing state shall
519+communicate its intention and purpose for the disclosure to
520+the member state which originally provided that information.
521+Section 7.Establishment of the Interstate Teacher
522+Mobility Compact Commission.
523+(a) The compact member states hereby create and establish
524+a joint public agency known as the Interstate Teacher Mobility
525+Compact Commission:
526+(1) The commission is a joint interstate governmental
527+agency comprised of states that have enacted this compact.
528+(2) Nothing in this compact shall be construed to be a
529+waiver of sovereign immunity.
530+(b) Membership, voting, and meetings.
531+(1) Each member state shall have and be limited to one
532+delegate to the commission, who shall be given the title of
533+commissioner.
534+(2) The commissioner shall be the primary administrative
535+officer of the state licensing authority or their designee.
536+(3) Any commissioner may be removed or suspended from
537+office as provided by the law of the state from which the
538+commissioner is appointed.
539+(4) The member state shall fill any vacancy occurring in
540+the commission within 90 days.
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569+(5) Each commissioner shall be entitled to one vote about
570+the adoption of rules and creation of bylaws and shall
571+otherwise have an opportunity to participate in the business
572+and affairs of the commission. A commissioner shall vote in
573+person or by other means as provided in the bylaws. The bylaws
574+may provide for commissioners' participation in meetings by
575+telephone or other means of communication.
576+(6) The commission shall meet at least once during each
577+calendar year. Additional meetings shall be held as set forth
578+in the bylaws.
579+(7) The commission shall establish by rule a term of
580+office for commissioners.
581+(c) The commission shall have all of the following powers
582+and duties:
583+(1) Establish a code of ethics for the commission.
584+(2) Establish the fiscal year of the commission.
585+(3) Establish bylaws for the commission.
586+(4) Maintain financial records in accordance with the
587+bylaws of the commission.
588+(5) Meet and take any actions as are consistent with this
589+compact, the bylaws, and rules of the commission.
590+(6) Adopt uniform rules to implement and administer this
591+compact. The rules shall have the force and effect of law and
592+shall be binding in all member states. In the event the
593+commission exercises its rulemaking authority in a manner that
594+is beyond the scope of the purposes of the compact, or the
595+powers granted hereunder, then the action by the commission
596+shall be invalid and have no force and effect of law.
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578-an associated nongovernmental organization that is open to
579-membership by all states.
580-(10) Hire employees, elect or appoint officers, fix
581-compensation, define duties, grant such individuals
582-appropriate authority to carry out the purposes of the
583-compact, and establish the commission's personnel policies and
584-programs relating to conflicts of interest, qualifications of
585-personnel, and other related personnel matters.
586-(11) Lease, purchase, accept appropriate gifts or
587-donations of, or otherwise own, hold, improve, or use, any
588-property, real, personal, or mixed, provided that at all times
589-the commission shall avoid any appearance of impropriety.
590-(12) Sell, convey, mortgage, pledge, lease, exchange,
591-abandon, or otherwise dispose of any property, real, personal,
592-or mixed.
593-(13) Establish a budget and make expenditures.
594-(14) Borrow money.
595-(15) Appoint committees, including standing committees
596-composed of members and other interested individuals as may be
597-designated in this compact, rules, or bylaws.
598-(16) Provide and receive information from, and cooperate
599-with, law enforcement agencies.
600-(17) Establish and elect an executive committee.
601-(18) Establish and develop a charter for an executive
602-information governance committee to advise on facilitating
603-exchange of information, use of information, data privacy, and
604-technical support needs, and provide reports as needed.
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633-(19) Perform other functions as may be necessary or
634-appropriate to achieve the purposes of this compact consistent
635-with the state regulation of teacher licensure.
636-(20) Determine whether a state's adopted language is
637-materially different from the model compact language such that
638-the state would not qualify for participation in the compact.
639-(d) The executive committee of the compact commission.
640-(1) The executive committee may act on behalf of the
641-commission according to the terms of this compact.
642-(2) The executive committee shall be composed of the
643-following eight voting members:
644-a. The commission chair, vice chair, and treasurer.
645-b. Five members who are elected by the commission from
646-the current membership, including the following:
647-1. Four voting members representing geographic regions in
648-accordance with commission rules.
649-2. One at-large voting member in accordance with
650-commission rules.
651-(3) The commission may add or remove members of the
652-executive committee as provided in commission rules.
653-(4) The executive committee shall meet at least once
654-annually.
655-(5) The executive committee shall have the following
656-duties and responsibilities:
657-a. Recommend to the entire commission changes to the
658-rules or bylaws, changes to the compact legislation, fees paid
659-by compact member states including annual dues and any compact
660-fee charged by the member states on behalf of the commission.
626+(7) Bring and prosecute legal proceedings or actions in
627+the name of the commission, provided that the standing of any
628+member state licensing authority to sue or be sued under
629+applicable law shall not be affected.
630+(8) Purchase and maintain insurance and bonds.
631+(9) Borrow, accept, or contract for services of personnel
632+including, but not limited to, employees of a member state, or
633+an associated nongovernmental organization that is open to
634+membership by all states.
635+(10) Hire employees, elect or appoint officers, fix
636+compensation, define duties, grant such individuals
637+appropriate authority to carry out the purposes of the
638+compact, and establish the commission's personnel policies and
639+programs relating to conflicts of interest, qualifications of
640+personnel, and other related personnel matters.
641+(11) Lease, purchase, accept appropriate gifts or
642+donations of, or otherwise own, hold, improve, or use, any
643+property, real, personal, or mixed, provided that at all times
644+the commission shall avoid any appearance of impropriety.
645+(12) Sell, convey, mortgage, pledge, lease, exchange,
646+abandon, or otherwise dispose of any property, real, personal,
647+or mixed.
648+(13) Establish a budget and make expenditures.
649+(14) Borrow money.
650+(15) Appoint committees, including standing committees
651+composed of members and other interested individuals as may be
652+designated in this compact, rules, or bylaws.
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681+(16) Provide and receive information from, and cooperate
682+with, law enforcement agencies.
683+(17) Establish and elect an executive committee.
684+(18) Establish and develop a charter for an executive
685+information governance committee to advise on facilitating
686+exchange of information, use of information, data privacy, and
687+technical support needs, and provide reports as needed.
688+(19) Perform other functions as may be necessary or
689+appropriate to achieve the purposes of this compact consistent
690+with the state regulation of teacher licensure.
691+(20) Determine whether a state's adopted language is
692+materially different from the model compact language such that
693+the state would not qualify for participation in the compact.
694+(d) The executive committee of the compact commission.
695+(1) The executive committee may act on behalf of the
696+commission according to the terms of this compact.
697+(2) The executive committee shall be composed of the
698+following eight voting members:
699+a. The commission chair, vice chair, and treasurer.
700+b. Five members who are elected by the commission from
701+the current membership, including the following:
702+1. Four voting members representing geographic regions in
703+accordance with commission rules.
704+2. One at-large voting member in accordance with
705+commission rules.
706+(3) The commission may add or remove members of the
707+executive committee as provided in commission rules.
687708 332
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690-b. Ensure commission administration services are
691-appropriately provided, contractual or otherwise.
692-c. Prepare and recommend the budget.
693-d. Maintain financial records on behalf of the
694-commission.
695-e. Monitor compliance of member states and provide
696-reports to the commission.
697-f. Perform other duties as provided in rules or bylaws.
698-(6) Meetings of the commission.
699-a. All meetings shall be open to the public, and public
700-notice of meetings shall be given in accordance with
701-commission bylaws.
702-b. The commission or the executive committee or other
703-committees of the commission may convene in a closed,
704-nonpublic meeting if the commission or executive committee or
705-other committees of the commission must discuss any of the
706-following:
707-1. Noncompliance of a member state with its obligations
708-under the compact.
709-2. The employment, compensation, discipline, or other
710-matters, practices, or procedures related to specific
711-employees or other matters related to the commission's
712-internal personnel practices and procedures.
713-3. Current, threatened, or reasonably anticipated
714-litigation.
715-4. Negotiation of contracts for the purchase, lease, or
716-sale of goods, services, or real estate.
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736+(4) The executive committee shall meet at least once
737+annually.
738+(5) The executive committee shall have the following
739+duties and responsibilities:
740+a. Recommend to the entire commission changes to the
741+rules or bylaws, changes to the compact legislation, fees paid
742+by compact member states including annual dues and any compact
743+fee charged by the member states on behalf of the commission.
744+b. Ensure commission administration services are
745+appropriately provided, contractual or otherwise.
746+c. Prepare and recommend the budget.
747+d. Maintain financial records on behalf of the
748+commission.
749+e. Monitor compliance of member states and provide
750+reports to the commission.
751+f. Perform other duties as provided in rules or bylaws.
752+(6) Meetings of the commission.
753+a. All meetings shall be open to the public, and public
754+notice of meetings shall be given in accordance with
755+commission bylaws.
756+b. The commission or the executive committee or other
757+committees of the commission may convene in a closed,
758+nonpublic meeting if the commission or executive committee or
759+other committees of the commission must discuss any of the
760+following:
761+1. Noncompliance of a member state with its obligations
762+under the compact.
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745-5. Accusing any individual of a crime or formally
746-censuring any individual.
747-6. Disclosure of trade secrets or commercial or financial
748-information that is privileged or confidential.
749-7. Disclosure of information of a personal nature where
750-disclosure would constitute a clearly unwarranted invasion of
751-personal privacy.
752-8. Disclosure of investigative records compiled for law
753-enforcement purposes.
754-9. Disclosure of information related to any investigative
755-reports prepared by or on behalf of or for use of the
756-commission or other committee charged with responsibility of
757-investigation or determination of compliance issues pursuant
758-to the compact.
759-10. Matters specifically exempted from disclosure by
760-federal or member state statute.
761-11. Other matters as set forth by commission bylaws and
762-rules.
763-c. If a meeting, or portion of a meeting, is closed
764-pursuant to this subdivision, the commission's legal counsel
765-or designee shall certify that the meeting may be closed and
766-shall reference each relevant exempting provision.
767-d. The commission shall keep minutes of commission
768-meetings and shall provide a full and accurate summary of
769-actions taken, and the reasons therefore, including a
770-description of the views expressed. All documents considered
771-in connection with an action shall be identified in the
772-minutes. All minutes and documents of a closed meeting shall
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791+2. The employment, compensation, discipline, or other
792+matters, practices, or procedures related to specific
793+employees or other matters related to the commission's
794+internal personnel practices and procedures.
795+3. Current, threatened, or reasonably anticipated
796+litigation.
797+4. Negotiation of contracts for the purchase, lease, or
798+sale of goods, services, or real estate.
799+5. Accusing any individual of a crime or formally
800+censuring any individual.
801+6. Disclosure of trade secrets or commercial or financial
802+information that is privileged or confidential.
803+7. Disclosure of information of a personal nature where
804+disclosure would constitute a clearly unwarranted invasion of
805+personal privacy.
806+8. Disclosure of investigative records compiled for law
807+enforcement purposes.
808+9. Disclosure of information related to any investigative
809+reports prepared by or on behalf of or for use of the
810+commission or other committee charged with responsibility of
811+investigation or determination of compliance issues pursuant
812+to the compact.
813+10. Matters specifically exempted from disclosure by
814+federal or member state statute.
815+11. Other matters as set forth by commission bylaws and
816+rules.
817+c. If a meeting, or portion of a meeting, is closed
818+pursuant to this subdivision, the commission's legal counsel
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802-remain under seal, subject to release by a majority vote of
803-the commission or order of a court of competent jurisdiction.
804-(7) Financing of the commission.
805-a. The commission shall pay, or provide for the payment
806-of, the reasonable expenses of its establishment,
807-organization, and ongoing activities.
808-b. The commission may accept all appropriate donations
809-and grants of money, equipment, supplies, materials, and
810-services, and receive, utilize, and dispose of the same,
811-provided that at all times the commission shall avoid any
812-appearance of impropriety or conflict of interest.
813-c. The commission may levy on and collect an annual
814-assessment from each member state or impose fees on other
815-parties to cover the cost of the operations and activities of
816-the commission, in accordance with the commission rules.
817-d. The commission shall not incur obligations of any kind
818-prior to securing the funds adequate to meet the same; nor
819-shall the commission pledge the credit of any of the member
820-states, except by and with the authority of the member state.
821-e. The commission shall keep accurate accounts of all
822-receipts and disbursements. The receipts and disbursements of
823-the commission shall be subject to accounting procedures
824-established under commission bylaws. All receipts and
825-disbursements of funds of the commission shall be reviewed
826-annually in accordance with commission bylaws, and a report of
827-the review shall be included in and become part of the annual
828-report of the commission.
829-(8) Qualified immunity, defense, and indemnification.
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848+or designee shall certify that the meeting may be closed and
849+shall reference each relevant exempting provision.
850+d. The commission shall keep minutes of commission
851+meetings and shall provide a full and accurate summary of
852+actions taken, and the reasons therefore, including a
853+description of the views expressed. All documents considered
854+in connection with an action shall be identified in the
855+minutes. All minutes and documents of a closed meeting shall
856+remain under seal, subject to release by a majority vote of
857+the commission or order of a court of competent jurisdiction.
858+(7) Financing of the commission.
859+a. The commission shall pay, or provide for the payment
860+of, the reasonable expenses of its establishment,
861+organization, and ongoing activities.
862+b. The commission may accept all appropriate donations
863+and grants of money, equipment, supplies, materials, and
864+services, and receive, utilize, and dispose of the same,
865+provided that at all times the commission shall avoid any
866+appearance of impropriety or conflict of interest.
867+c. The commission may levy on and collect an annual
868+assessment from each member state or impose fees on other
869+parties to cover the cost of the operations and activities of
870+the commission, in accordance with the commission rules.
871+d. The commission shall not incur obligations of any kind
872+prior to securing the funds adequate to meet the same; nor
873+shall the commission pledge the credit of any of the member
874+states, except by and with the authority of the member state.
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859-a. The members, officers, executive director, employees,
860-and representatives of the commission shall be immune from
861-suit and liability in their official capacity for any claim
862-for damage to or loss of property or personal injury or other
863-civil liability caused by or arising out of any actual or
864-alleged act, error, or omission that occurred, or that the
865-individual against whom the claim is made had a reasonable
866-basis for believing occurred within the scope of commission
867-employment, duties, or responsibilities; provided that nothing
868-in this paragraph shall be construed to protect any individual
869-from suit or liability for any damage, loss, injury, or
870-liability caused by the intentional or willful or wanton
871-misconduct of that individual.
872-b. The commission shall defend any member, officer,
873-executive director, employee, or representative of the
874-commission in any civil action seeking to impose liability
875-arising out of any actual or alleged act, error, or omission
876-that occurred within the scope of commission employment,
877-duties, or responsibilities, or that the individual against
878-whom the claim is made had a reasonable basis for believing
879-occurred within the scope of commission employment, duties, or
880-responsibilities; provided that nothing herein shall be
881-construed to prohibit that individual from retaining his or
882-her own counsel; and provided further, that the actual or
883-alleged act, error, or omission did not result from that
884-individual's intentional or willful or wanton misconduct.
885-c. The commission shall indemnify and hold harmless any
886-member, officer, executive director, employee, or
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903+e. The commission shall keep accurate accounts of all
904+receipts and disbursements. The receipts and disbursements of
905+the commission shall be subject to accounting procedures
906+established under commission bylaws. All receipts and
907+disbursements of funds of the commission shall be reviewed
908+annually in accordance with commission bylaws, and a report of
909+the review shall be included in and become part of the annual
910+report of the commission.
911+(8) Qualified immunity, defense, and indemnification.
912+a. The members, officers, executive director, employees,
913+and representatives of the commission shall be immune from
914+suit and liability, either personally or in their official
915+capacity, for any claim for damage to or loss of property or
916+personal injury or other civil liability caused by or arising
917+out of any actual or alleged act, error, or omission that
918+occurred, or that the individual against whom the claim is
919+made had a reasonable basis for believing occurred within the
920+scope of commission employment, duties, or responsibilities;
921+provided that nothing in this paragraph shall be construed to
922+protect any individual from suit or liability for any damage,
923+loss, injury, or liability caused by the intentional or
924+willful or wanton misconduct of that individual.
925+b. The commission shall defend any member, officer,
926+executive director, employee, or representative of the
927+commission in any civil action seeking to impose liability
928+arising out of any actual or alleged act, error, or omission
929+that occurred within the scope of commission employment,
930+duties, or responsibilities, or that the individual against
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916-representative of the commission for the amount of any
917-settlement or judgment obtained against that individual
918-arising out of any actual or alleged act, error, or omission
919-that occurred within the scope of commission employment,
920-duties, or responsibilities, or that the individual had a
921-reasonable basis for believing occurred within the scope of
922-commission employment, duties, or responsibilities, provided
923-that the actual or alleged act, error, or omission did not
924-result from the intentional or willful or wanton misconduct of
925-that individual.
926-Section 8.Rulemaking.
927-(a) The commission shall exercise its rulemaking powers
928-pursuant to the criteria set forth in this compact and the
929-rules adopted thereunder. Rules and amendments shall become
930-binding as of the date specified in each rule or amendment.
931-(b) The commission shall adopt reasonable rules to
932-achieve the intent and purpose of this compact. In the event
933-the commission exercises its rulemaking authority in a manner
934-that is beyond purpose and intent of this compact, or the
935-powers granted hereunder, then the action by the commission
936-shall be invalid and have no force and effect of law in the
937-member states.
938-(c) If a majority of the legislatures of the member
939-states rejects a rule, by enactment of a statute or resolution
940-in the same manner used to adopt this compact within four
941-years of the date of adoption of the rule, then the rule shall
942-have no further force and effect in any member state.
934+444
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960+whom the claim is made had a reasonable basis for believing
961+occurred within the scope of commission employment, duties, or
962+responsibilities; provided that nothing herein shall be
963+construed to prohibit that individual from retaining his or
964+her own counsel; and provided further, that the actual or
965+alleged act, error, or omission did not result from that
966+individual's intentional or willful or wanton misconduct.
967+c. The commission shall indemnify and hold harmless any
968+member, officer, executive director, employee, or
969+representative of the commission for the amount of any
970+settlement or judgment obtained against that individual
971+arising out of any actual or alleged act, error, or omission
972+that occurred within the scope of commission employment,
973+duties, or responsibilities, or that the individual had a
974+reasonable basis for believing occurred within the scope of
975+commission employment, duties, or responsibilities, provided
976+that the actual or alleged act, error, or omission did not
977+result from the intentional or willful or wanton misconduct of
978+that individual.
979+Section 8.Rulemaking.
980+(a) The commission shall exercise its rulemaking powers
981+pursuant to the criteria set forth in this compact and the
982+rules adopted thereunder. Rules and amendments shall become
983+binding as of the date specified in each rule or amendment.
984+(b) The commission shall adopt reasonable rules to
985+achieve the intent and purpose of this compact. In the event
986+the commission exercises its rulemaking authority in a manner
987+that is beyond purpose and intent of this compact, or the
967988 469
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971-(d) Rules or amendments to the rules shall be adopted or
972-ratified at a regular or special meeting of the commission in
973-accordance with commission rules and bylaws.
974-(e) Upon determination that an emergency exists, the
975-commission may consider and adopt an emergency rule with 48
976-hours' notice, with opportunity to comment, provided that the
977-usual rulemaking procedures shall be retroactively applied to
978-the rule as soon as reasonably possible, in no event later
979-than 90 days after the effective date of the rule. For the
980-purposes of this subsection, an emergency rule is one that
981-must be adopted immediately in order to do any of the
982-following:
983-(1) Meet an imminent threat to public health, safety, or
984-welfare.
985-(2) Prevent a loss of commission or member state funds.
986-(3) Meet a deadline for the adoption of an administrative
987-rule that is established by federal law or rule.
988-(4) Protect public health and safety.
989-Section 9.Facilitating information exchange.
990-(a) The commission shall provide for facilitating the
991-exchange of information to administer and implement this
992-compact in accordance with the rules of the commission,
993-consistent with generally accepted data protection principles.
994-(b) Nothing in this compact shall be deemed or construed to
995-alter, limit, or inhibit the power of a member state to control and
996-maintain ownership of its licensee information or alter, limit, or
997-inhibit the laws or regulations governing licensee information in the
998-member state.
990+471
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1017+powers granted hereunder, then the action by the commission
1018+shall be invalid and have no force and effect of law in the
1019+member states.
1020+(c) If a majority of the legislatures of the member
1021+states rejects a rule, by enactment of a statute or resolution
1022+in the same manner used to adopt this compact within four
1023+years of the date of adoption of the rule, then the rule shall
1024+have no further force and effect in any member state.
1025+(d) Rules or amendments to the rules shall be adopted or
1026+ratified at a regular or special meeting of the commission in
1027+accordance with commission rules and bylaws.
1028+(e) Upon determination that an emergency exists, the
1029+commission may consider and adopt an emergency rule with 48
1030+hours' notice, with opportunity to comment, provided that the
1031+usual rulemaking procedures shall be retroactively applied to
1032+the rule as soon as reasonably possible, in no event later
1033+than 90 days after the effective date of the rule. For the
1034+purposes of this subsection, an emergency rule is one that
1035+must be adopted immediately in order to do any of the
1036+following:
1037+(1) Meet an imminent threat to public health, safety, or
1038+welfare.
1039+(2) Prevent a loss of commission or member state funds.
1040+(3) Meet a deadline for the adoption of an administrative
1041+rule that is established by federal law or rule.
1042+(4) Protect public health and safety.
1043+Section 9.Facilitating information exchange.
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1028-Section 10. Oversight, dispute resolution, and
1029-enforcement.
1030-(a) Oversight.
1031-(1) The executive and judicial branches of state
1032-government in each member state shall enforce this compact and
1033-take all actions necessary and appropriate to effectuate the
1034-compact's purposes and intent. This compact shall have
1035-standing as statutory law.
1036-(2) Venue is proper and judicial proceedings by or
1037-against the commission shall be brought solely and exclusively
1038-in a court of competent jurisdiction where the principal
1039-office of the commission is located. The commission may waive
1040-venue and jurisdictional defenses to the extent it adopts or
1041-consents to participate in alternative dispute resolution
1042-proceedings. Nothing herein shall affect or limit the
1043-selection or propriety of venue in any action against a
1044-licensee for professional malpractice, misconduct, or any
1045-similar matter.
1046-(3) All courts and all administrative agencies shall take
1047-judicial notice of this compact, the rules of the commission,
1048-and any information provided to a member state pursuant
1049-thereto in any judicial or quasi-judicial proceeding in a
1050-member state pertaining to the subject matter of this compact,
1051-or which may affect the powers, responsibilities, or actions
1052-of the commission.
1053-(4) The commission may receive service of process in any
1054-proceeding regarding the enforcement or interpretation of this
1055-compact and shall have standing to intervene in any proceeding
1046+499
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1072+(a) The commission shall provide for facilitating the
1073+exchange of information to administer and implement this
1074+compact in accordance with the rules of the commission,
1075+consistent with generally accepted data protection principles.
1076+(b) Nothing in this compact shall be deemed or construed to
1077+alter, limit, or inhibit the power of a member state to control and
1078+maintain ownership of its licensee information or alter, limit, or
1079+inhibit the laws or regulations governing licensee information in the
1080+member state.
1081+Section 10. Oversight, dispute resolution, and
1082+enforcement.
1083+(a) Oversight.
1084+(1) The executive and judicial branches of state
1085+government in each member state shall enforce this compact and
1086+take all actions necessary and appropriate to effectuate the
1087+compact's purposes and intent. This compact shall have
1088+standing as statutory law.
1089+(2) Venue is proper and judicial proceedings by or
1090+against the commission shall be brought solely and exclusively
1091+in a court of competent jurisdiction where the principal
1092+office of the commission is located. The commission may waive
1093+venue and jurisdictional defenses to the extent it adopts or
1094+consents to participate in alternative dispute resolution
1095+proceedings. Nothing herein shall affect or limit the
1096+selection or propriety of venue in any action against a
1097+licensee for professional malpractice, misconduct, or any
1098+similar matter.
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1084-Page 20
1085-for all purposes. Failure to provide the commission service of
1086-process shall render a judgment or order void as to the
1087-commission, this compact, or adopted rules.
1088-(b) Default, technical assistance, and termination. If
1089-the commission determines that a member state has defaulted in
1090-the performance of its obligations or responsibilities under
1091-this compact or the adopted rules, the commission shall do all
1092-of the following:
1093-(1) Provide written notice to the defaulting state and
1094-other member states of the nature of the default, the proposed
1095-means of curing the default, or any other action to be taken
1096-by the commission.
1097-(2) Provide remedial training and specific technical
1098-assistance regarding the default.
1099-(c) If a state in default fails to cure the default, the
1100-defaulting state may be terminated from the compact upon an
1101-affirmative vote of a majority of the commissioners of the
1102-member states, and all rights, privileges, and benefits
1103-conferred on that state by this compact may be terminated on
1104-the effective date of termination. A cure of the default does
1105-not relieve the offending state of obligations or liabilities
1106-incurred during the period of default.
1107-(d) Termination of membership in the compact shall be
1108-imposed only after all other means of securing compliance have
1109-been exhausted. Notice of intent to suspend or terminate shall
1110-be given by the commission to the governor, the majority and
1111-minority leaders of the defaulting state's legislature, the
1112-state licensing authority and each of the member states.
1102+527
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1127+(3) All courts and all administrative agencies shall take
1128+judicial notice of this compact, the rules of the commission,
1129+and any information provided to a member state pursuant
1130+thereto in any judicial or quasi-judicial proceeding in a
1131+member state pertaining to the subject matter of this compact,
1132+or which may affect the powers, responsibilities, or actions
1133+of the commission.
1134+(4) The commission may receive service of process in any
1135+proceeding regarding the enforcement or interpretation of this
1136+compact and shall have standing to intervene in any proceeding
1137+for all purposes. Failure to provide the commission service of
1138+process shall render a judgment or order void as to the
1139+commission, this compact, or adopted rules.
1140+(b) Default, technical assistance, and termination. If
1141+the commission determines that a member state has defaulted in
1142+the performance of its obligations or responsibilities under
1143+this compact or the adopted rules, the commission shall do all
1144+of the following:
1145+(1) Provide written notice to the defaulting state and
1146+other member states of the nature of the default, the proposed
1147+means of curing the default, or any other action to be taken
1148+by the commission.
1149+(2) Provide remedial training and specific technical
1150+assistance regarding the default.
1151+(c) If a state in default fails to cure the default, the
1152+defaulting state may be terminated from the compact upon an
1153+affirmative vote of a majority of the commissioners of the
1154+member states, and all rights, privileges, and benefits
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1141-Page 21
1142-(e) A state that has been terminated is responsible for
1143-all assessments, obligations, and liabilities incurred through
1144-the effective date of termination, including obligations that
1145-extend beyond the effective date of termination.
1146-(f) The commission shall not bear any costs related to a
1147-state that is found to be in default or that has been
1148-terminated from this compact, unless agreed upon in writing
1149-between the commission and the defaulting state.
1150-(g) The defaulting state may appeal the action of the
1151-commission by petitioning the United States District Court for
1152-the District of Columbia or the federal district where the
1153-commission has its principal office. The prevailing party
1154-shall be awarded all costs of the litigation, including
1155-reasonable attorney's fees.
1156-(h) Dispute resolution.
1157-(1) Upon request by a member state, the commission shall
1158-attempt to resolve disputes related to this compact that arise
1159-among member states and between member and non-member states.
1160-(2) The commission shall adopt a rule providing for both
1161-binding and nonbinding alternative dispute resolution for
1162-disputes as appropriate.
1163-(i) Enforcement.
1164-(1) The commission, in the reasonable exercise of its
1165-discretion, shall enforce the provisions and rules of this
1166-compact.
1167-(2) By majority vote, the commission may initiate legal action
1168-in the United States District Court for the District of Columbia or
1169-the federal district where the commission has its principal office
1159+555
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1184+conferred on that state by this compact may be terminated on
1185+the effective date of termination. A cure of the default does
1186+not relieve the offending state of obligations or liabilities
1187+incurred during the period of default.
1188+(d) Termination of membership in the compact shall be
1189+imposed only after all other means of securing compliance have
1190+been exhausted. Notice of intent to suspend or terminate shall
1191+be given by the commission to the governor, the majority and
1192+minority leaders of the defaulting state's legislature, the
1193+state licensing authority and each of the member states.
1194+(e) A state that has been terminated is responsible for
1195+all assessments, obligations, and liabilities incurred through
1196+the effective date of termination, including obligations that
1197+extend beyond the effective date of termination.
1198+(f) The commission shall not bear any costs related to a
1199+state that is found to be in default or that has been
1200+terminated from this compact, unless agreed upon in writing
1201+between the commission and the defaulting state.
1202+(g) The defaulting state may appeal the action of the
1203+commission by petitioning the United States District Court for
1204+the District of Columbia or the federal district where the
1205+commission has its principal office. The prevailing party
1206+shall be awarded all costs of the litigation, including
1207+reasonable attorney's fees.
1208+(h) Dispute resolution.
1209+(1) Upon request by a member state, the commission shall
1210+attempt to resolve disputes related to this compact that arise
1211+among member states and between member and non-member states.
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1198-Page 22
1199-against a member state in default to enforce compliance with this
1200-compact and its adopted rules and bylaws. The relief sought may
1201-include both injunctive relief and damages. In the event judicial
1202-enforcement is necessary, the prevailing party shall be awarded all
1203-costs of litigation, including reasonable attorney's fees. The
1204-remedies herein shall not be the exclusive remedies of the
1205-commission. The commission may pursue any other remedies available
1206-under federal or state law.
1207-Section 11. Effectuation, withdrawal, and amendment.
1208-(a) The compact shall come into effect on the date on
1209-which the compact statute is enacted into law in the tenth
1210-member state.
1211-(1) On or after the effective date of this compact, the
1212-commission shall convene and review the enactment of each of
1213-the charter member states to determine if the statute enacted
1214-by each charter member state is materially different from the
1215-model compact statute.
1216-(2) A charter member state whose enactment is found to be
1217-materially different from the model compact statute shall be
1218-entitled to the default process set forth in Section 10.
1219-(3) Member states enacting the compact subsequent to the
1220-charter member states shall be subject to the process set
1221-forth in subdivision (c)(20) of Section 7 to determine if
1222-their enactments are materially different from the model
1223-compact statute and whether they qualify for participation in
1224-this compact.
1225-(b) If any member state is later found to be in default,
1226-or is terminated or withdraws from this compact, the
1216+583
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1241+(2) The commission shall adopt a rule providing for both
1242+binding and nonbinding alternative dispute resolution for
1243+disputes as appropriate.
1244+(i) Enforcement.
1245+(1) The commission, in the reasonable exercise of its
1246+discretion, shall enforce the provisions and rules of this
1247+compact.
1248+(2) By majority vote, the commission may initiate legal action
1249+in the United States District Court for the District of Columbia or
1250+the federal district where the commission has its principal office
1251+against a member state in default to enforce compliance with this
1252+compact and its adopted rules and bylaws. The relief sought may
1253+include both injunctive relief and damages. In the event judicial
1254+enforcement is necessary, the prevailing party shall be awarded all
1255+costs of litigation, including reasonable attorney's fees. The
1256+remedies herein shall not be the exclusive remedies of the
1257+commission. The commission may pursue any other remedies available
1258+under federal or state law.
1259+Section 11. Effectuation, withdrawal, and amendment.
1260+(a) The compact shall come into effect on the date on
1261+which the compact statute is enacted into law in the tenth
1262+member state.
1263+(1) On or after the effective date of this compact, the
1264+commission shall convene and review the enactment of each of
1265+the charter member states to determine if the statute enacted
1266+by each charter member state is materially different from the
1267+model compact statute.
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1255-Page 23
1256-commission shall remain in existence and the compact shall
1257-remain in effect even if the number of member states should be
1258-less than 10.
1259-(c) Any state that joins the compact after the
1260-commission's initial adoption of the rules and bylaws shall be
1261-subject to the rules and bylaws as they exist on the date on
1262-which the compact becomes law in that state. Any rule that has
1263-been previously adopted by the commission shall have the full
1264-force and effect of law on the day the compact becomes law in
1265-that state, as the rules and bylaws may be amended as provided
1266-in this compact.
1267-(d) Any member state may withdraw from this compact by
1268-enacting a statute repealing the same.
1269-(1) A member state's withdrawal shall not take effect
1270-until six months after enactment of the repealing statute.
1271-(2) Withdrawal shall not affect the continuing
1272-requirement of the withdrawing state's licensing authority to
1273-comply with the investigative and adverse action reporting
1274-requirements of this compact prior to the effective date of
1275-withdrawal.
1276-(e) This compact may be amended by the member states. No
1277-amendment to this compact shall become effective and binding
1278-upon any member state until it is enacted into the laws of all
1279-member states.
1280-Section 12. Construction and severability.
1281-This compact shall be liberally construed to effectuate the
1282-purposes thereof. The provisions of this compact shall be
1283-severable and if any phrase, clause, sentence, or provision of
1272+611
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1296+(2) A charter member state whose enactment is found to be
1297+materially different from the model compact statute shall be
1298+entitled to the default process set forth in Section 10.
1299+(3) Member states enacting the compact subsequent to the
1300+charter member states shall be subject to the process set
1301+forth in subdivision (c)(20) of Section 7 to determine if
1302+their enactments are materially different from the model
1303+compact statute and whether they qualify for participation in
1304+this compact.
1305+(b) If any member state is later found to be in default,
1306+or is terminated or withdraws from this compact, the
1307+commission shall remain in existence and the compact shall
1308+remain in effect even if the number of member states should be
1309+less than 10.
1310+(c) Any state that joins the compact after the
1311+commission's initial adoption of the rules and bylaws shall be
1312+subject to the rules and bylaws as they exist on the date on
1313+which the compact becomes law in that state. Any rule that has
1314+been previously adopted by the commission shall have the full
1315+force and effect of law on the day the compact becomes law in
1316+that state, as the rules and bylaws may be amended as provided
1317+in this compact.
1318+(d) Any member state may withdraw from this compact by
1319+enacting a statute repealing the same.
1320+(1) A member state's withdrawal shall not take effect
1321+until six months after enactment of the repealing statute.
1322+(2) Withdrawal shall not affect the continuing
1323+requirement of the withdrawing state's licensing authority to
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1312-Page 24
1313-this compact is declared to be contrary to the constitution of
1314-any member state or a state seeking membership in the compact,
1315-or of the United states or the applicability thereof to any
1316-other government, agency, individual, or circumstance is held
1317-invalid, the validity of the remainder of this compact and the
1318-applicability thereof to any government, agency, individual,
1319-or circumstance shall not be affected thereby. If this compact
1320-shall be held contrary to the constitution of any member
1321-state, the compact shall remain in full force and effect as to
1322-the remaining member states and in full force and effect as to
1323-the member state affected as to all severable matters.
1324-Section 13. Consistent effect and conflict with other state
1325-laws.
1326-(a) Nothing herein shall prevent or inhibit the
1327-enforcement of any other law of a member state that is not
1328-inconsistent with this compact.
1329-(b) Any laws, statutes, regulations, or other legal
1330-requirements in a member state in conflict with this compact
1331-are superseded to the extent of the conflict.
1332-(c) All permissible agreements between the commission and
1333-the member states are binding in accordance with their terms.
1334-Section 14. This act shall become effective on the
1335-first day of the third month following its passage and
1336-approval by the Governor, or its otherwise becoming law.
1329+639
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1352+Page 25
1353+comply with the investigative and adverse action reporting
1354+requirements of this compact prior to the effective date of
1355+withdrawal.
1356+(e) This compact may be amended by the member states. No
1357+amendment to this compact shall become effective and binding
1358+upon any member state until it is enacted into the laws of all
1359+member states.
1360+Section 12. Construction and severability.
1361+This compact shall be liberally construed to effectuate the
1362+purposes thereof. The provisions of this compact shall be
1363+severable and if any phrase, clause, sentence, or provision of
1364+this compact is declared to be contrary to the constitution of
1365+any member state or a state seeking membership in the compact,
1366+or of the United states or the applicability thereof to any
1367+other government, agency, individual, or circumstance is held
1368+invalid, the validity of the remainder of this compact and the
1369+applicability thereof to any government, agency, individual,
1370+or circumstance shall not be affected thereby. If this compact
1371+shall be held contrary to the constitution of any member
1372+state, the compact shall remain in full force and effect as to
1373+the remaining member states and in full force and effect as to
1374+the member state affected as to all severable matters.
1375+Section 13. Consistent effect and conflict with other state
1376+laws.
1377+(a) Nothing herein shall prevent or inhibit the
1378+enforcement of any other law of a member state that is not
1379+inconsistent with this compact.
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1361-Page 25
1362-________________________________________________
1363-President and Presiding Officer of the Senate
1364-________________________________________________
1365-Speaker of the House of Representatives
1366-SB46
1367-Senate 05-Apr-23
1368-I hereby certify that the within Act originated in and passed
1369-the Senate, as amended.
1370-Patrick Harris,
1371-Secretary.
1372-House of Representatives
1373-Passed: 11-May-23
1374-By: Senator Orr
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1406+688 SB46 INTRODUCEDSB46 INTRODUCED
1407+Page 26
1408+(b) Any laws, statutes, regulations, or other legal
1409+requirements in a member state in conflict with this compact
1410+are superseded to the extent of the conflict.
1411+(c) All permissible agreements between the commission and
1412+the member states are binding in accordance with their terms.
1413+Section 14. This act shall become effective on the
1414+first day of the third month following its passage and
1415+approval by the Governor, or its otherwise becoming law.
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