Alabama 2025 Regular Session

Alabama Senate Bill SB61 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~SB61ENGROSSED~~
	1	+	SB61INTRODUCED
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3	3		SB61
4		-	J5VDYNY-2
	4	+	J5VDYNY-1
5	5		By Senators Hatcher, Jones, Stewart
6	6		RFD: Veterans and Military Affairs
7	7		First Read: 04-Feb-25
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12		-	5 ~~SB61 Engrossed~~
	12	+	5 J5VDYNY-1 01/30/2025 MAP (L)ma 2025-428
13	13		Page 1
14	14		First Read: 04-Feb-25
	15	+	SYNOPSIS:
	16	+	This bill would allow the Alabama Board of
	17	+	Examiners in Psychology to enter into the School
	18	+	Psychologist Interstate Licensure Compact by adopting
	19	+	Article 6 of Chapter 26 of Title 34, Code of Alabama
	20	+	1975, as a means of providing uniformity in licensing
	21	+	requirements and interstate practice throughout party
	22	+	states.
15	23		A BILL
16	24		TO BE ENTITLED
17	25		AN ACT
18	26		Relating to the Alabama Board of Examiners in
19	27		Psychology; to enter into the School Psychologist Interstate
20	28		Licensure Compact by adopting Article 6 of Chapter 26 of Title
21	29		34, Code of Alabama 1975.
22	30		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	31		Section 1. Article 6, commencing with Section
24	32		34-26-100, is added to Chapter 26 of Title 34, Code of
25	33		Alabama, to read as follows:
26	34		Article 6. SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE
27	35		COMPACT.
28	36		§34-26-100. Purpose.
29		-	The purpose of this compact is to facilitate the
30		-	interstate practice of school psychology in educational or
31		-	school settings, and, in doing so, to improve the availability
32		-	of school psychological services to the public. This compact
33		-	is intended to establish a pathway to allow school
34		-	psychologists to obtain equivalent licenses to provide school
35		-	psychological services in any member state. In this way, this
36		-	compact shall enable the member states to ensure that safe and
37		-	effective school psychological services are available and
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	66	+	§34-26-100. Purpose.
	67	+	The purpose of this compact is to facilitate the
	68	+	interstate practice of school psychology in educational or
	69	+	school settings, and, in doing so, to improve the availability
	70	+	of school psychological services to the public. This compact
	71	+	is intended to establish a pathway to allow school
	72	+	psychologists to obtain equivalent licenses to provide school
	73	+	psychological services in any member state. In this way, this
	74	+	compact shall enable the member states to ensure that safe and
67	75		effective school psychological services are available and
68	76		delivered by appropriately qualified professionals in their
69	77		educational settings.
70	78		To facilitate the objectives described above, this
71	79		compact shall do the following:
72	80		(1) Enable school psychologists who qualify for receipt
73	81		of an equivalent license to practice in other member states
74	82		without first satisfying burdensome and duplicative
75	83		requirements.
76	84		(2) Promote the mobility of school psychologists
77	85		between and among the member states in order to address
78	86		workforce shortages and to ensure that safe and reliable
79	87		school psychological services are available in each member
80	88		state.
81	89		(3) Enhance the public accessibility of school
82	90		psychological services by increasing the availability of
83	91		qualified, licensed school psychologists through the
84	92		establishment of an efficient and streamlined pathway for
85	93		licensees to practice in other member states.
86	94		(4) Preserve and respect the authority of each member
87		-	state to protect the health and safety of its residents by
88		-	ensuring that only qualified, licensed professionals are
89		-	authorized to provide school psychological services within
90		-	that state.
91		-	(5) Require school psychologists practicing within a
92		-	member state to comply with the scope of practice laws of the
93		-	state where the school psychological services are being
94		-	provided.
95		-	(6) Promote cooperation between the member states in
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	124	+	(4) Preserve and respect the authority of each member
	125	+	state to protect the health and safety of its residents by
	126	+	ensuring that only qualified, licensed professionals are
	127	+	authorized to provide school psychological services within
	128	+	that state.
	129	+	(5) Require school psychologists practicing within a
	130	+	member state to comply with the scope of practice laws of the
	131	+	state where the school psychological services are being
	132	+	provided.
125	133		(6) Promote cooperation between the member states in
126	134		regulating the practice of school psychology within those
127	135		states.
128	136		(7) Facilitate the relocation of military members and
129	137		their spouses who are licensed to provide school psychological
130	138		services.
131	139		§34-26-101. Definitions.
132	140		As used in this compact, the following terms have the
133	141		following meanings:
134	142		(1) ACTIVE MILITARY MEMBER. Any person with full-time
135	143		duty status in the Armed Forces of the United States,
136	144		including members of the National Guard and Reserve.
137	145		(2) ADVERSE ACTION. Disciplinary action or encumbrance
138	146		imposed on a license by a state licensing authority.
139	147		(3) ALTERNATIVE PROGRAM. A nondisciplinary,
140	148		prosecutorial diversion, monitoring, or practice remediation
141	149		process entered into in lieu of an adverse action which is
142	150		applicable to a school psychologist and approved by the state
143	151		licensing authority of a member state where the participating
144	152		school psychologist is licensed. The term includes, but is not
145		-	limited to, programs to which licensees with substance abuse
146		-	or addiction issues may be referred in lieu of an adverse
147		-	action.
148		-	(4) COMMISSIONER. The individual appointed by a member
149		-	state to serve as the representative to the commission for
150		-	that member state.
151		-	(5) COMPACT. This School Psychologist Interstate
152		-	Licensure Compact.
153		-	(6) CONTINUING PROFESSIONAL EDUCATION. A requirement,
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	182	+	school psychologist is licensed. The term includes, but is not
	183	+	limited to, programs to which licensees with substance abuse
	184	+	or addiction issues may be referred in lieu of an adverse
	185	+	action.
	186	+	(4) COMMISSIONER. The individual appointed by a member
	187	+	state to serve as the representative to the commission for
	188	+	that member state.
	189	+	(5) COMPACT. This School Psychologist Interstate
	190	+	Licensure Compact.
183	191		(6) CONTINUING PROFESSIONAL EDUCATION. A requirement,
184	192		imposed by a member state as a condition of license renewal,
185	193		to provide evidence of successful participation in
186	194		professional educational activities relevant to the provision
187	195		of school psychological services.
188	196		(7) CRIMINAL BACKGROUND CHECK. The submission of
189	197		fingerprints or other biometric information for a license
190	198		applicant for the purpose of obtaining that applicant's
191	199		criminal history record information, as defined in 28 C.F.R. §
192	200		20.3(d), and the state's criminal history record repository as
193	201		defined in 28 C.F.R. § 20.3(f).
194	202		(8) DOCTORAL LEVEL DEGREE. A graduate degree program
195	203		that consists of at least 90 graduate semester hours in the
196	204		field of school psychology, including a supervised internship.
197	205		(9) ENCUMBERED LICENSE. A license that a state
198	206		licensing authority has limited in any way other than through
199	207		an alternative program, including temporary or provisional
200	208		licenses.
201	209		(10) EXECUTIVE COMMITTEE. The commission's chair, vice
202	210		chair, secretary, and treasurer and any other commissioners as
203		-	may be determined by commission rule or bylaw.
204		-	(11) EQUIVALENT LICENSE. A license to practice school
205		-	psychology which a member state has identified as a license
206		-	that may be provided to school psychologists from other member
207		-	states pursuant to this compact.
208		-	(12) HOME STATE. The member state that issued the home
209		-	state license to the licensee and is the licensee's primary
210		-	state of practice.
211		-	(13) HOME STATE LICENSE. The license that is not an
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	240	+	chair, secretary, and treasurer and any other commissioners as
	241	+	may be determined by commission rule or bylaw.
	242	+	(11) EQUIVALENT LICENSE. A license to practice school
	243	+	psychology which a member state has identified as a license
	244	+	that may be provided to school psychologists from other member
	245	+	states pursuant to this compact.
	246	+	(12) HOME STATE. The member state that issued the home
	247	+	state license to the licensee and is the licensee's primary
	248	+	state of practice.
241	249		(13) HOME STATE LICENSE. The license that is not an
242	250		encumbered license issued by the home state to provide school
243	251		psychological services.
244	252		(14) LICENSE. A current license, certification, or
245	253		other authorization granted by a member state's licensing
246	254		authority that permits an individual to provide school
247	255		psychological services.
248	256		(15) LICENSEE. An individual who holds a license from a
249	257		member state to provide school psychological services.
250	258		(16) MEMBER STATE. A state that has enacted this
251	259		compact and has been admitted to the commission in accordance
252	260		with the provisions herein and commission rules.
253	261		(17) MODEL COMPACT. The model language for the School
254	262		Psychologist Interstate Licensure Compact on file with the
255	263		Council of State Governments or other entity as designated by
256	264		the commission.
257	265		(18) PRACTICE OF SCHOOL PSYCHOLOGY. The delivery of
258	266		school psychological services.
259	267		(19) QUALIFYING NATIONAL EXAM. A national licensing
260	268		examination endorsed by the National Association of School
261		-	Psychologists and any other exam as approved by the rules of
262		-	the commission.
263		-	(20) QUALIFYING SCHOOL PSYCHOLOGIST EDUCATION PROGRAM.
264		-	An education program that awards a specialist-level or
265		-	doctoral-level degree or equivalent upon completion and is
266		-	approved by the rules of the commission as meeting the
267		-	necessary minimum educational standards to ensure that the
268		-	program's graduates are ready, qualified, and able to engage
269		-	in the practice of school psychology.
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	298	+	examination endorsed by the National Association of School
	299	+	Psychologists and any other exam as approved by the rules of
	300	+	the commission.
	301	+	(20) QUALIFYING SCHOOL PSYCHOLOGIST EDUCATION PROGRAM.
	302	+	An education program that awards a specialist-level or
	303	+	doctoral-level degree or equivalent upon completion and is
	304	+	approved by the rules of the commission as meeting the
	305	+	necessary minimum educational standards to ensure that the
	306	+	program's graduates are ready, qualified, and able to engage
299	307		in the practice of school psychology.
300	308		(21) REMOTE STATE. A member state other than the home
301	309		state where a licensee holds a license through this compact.
302	310		(22) RULE. A regulation adopted by an entity,
303	311		including, but not limited to, the commission and the state
304	312		licensing authority of each member state, which has the force
305	313		of law.
306	314		(23) SCHOOL PSYCHOLOGICAL SERVICES. Academic, mental,
307	315		and behavioral health services, including assessment,
308	316		prevention, consultation and collaboration, intervention, and
309	317		evaluation, provided by a school psychologist in a school, as
310	318		outlined in applicable professional standards as determined by
311	319		commission rule.
312	320		(24) SCHOOL PSYCHOLOGIST. An individual who has met the
313	321		requirements to obtain a home state license that legally
314	322		conveys the professional title of school psychologist, or its
315	323		equivalent as determined by the rules of the commission.
316	324		(25) SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT
317	325		COMMISSION or COMMISSION. The joint government agency
318	326		established by this compact whose membership consists of
319		-	representatives from each member state that has enacted this
320		-	compact, and as further described in Section 34-26-106.
321		-	(26) SCOPE OF PRACTICE. The procedures, actions, and
322		-	processes a school psychologist licensed in a state is
323		-	permitted to undertake in that state and the circumstances
324		-	under which that licensee is permitted to undertake those
325		-	procedures, actions, and processes. Such procedures, actions,
326		-	and processes, and the circumstances under which they may be
327		-	undertaken, may be established through means, including, but
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	356	+	established by this compact whose membership consists of
	357	+	representatives from each member state that has enacted this
	358	+	compact, and as further described in Section 34-26-106.
	359	+	(26) SCOPE OF PRACTICE. The procedures, actions, and
	360	+	processes a school psychologist licensed in a state is
	361	+	permitted to undertake in that state and the circumstances
	362	+	under which that licensee is permitted to undertake those
	363	+	procedures, actions, and processes. Such procedures, actions,
	364	+	and processes, and the circumstances under which they may be
357	365		undertaken, may be established through means, including, but
358	366		not limited to, statute, rule, case law, and other processes
359	367		available to the state licensing authority or other government
360	368		agency.
361	369		(27) SPECIALIST-LEVEL DEGREE. A degree program that
362	370		requires at least 60 graduate semester hours or equivalent in
363	371		the field of school psychology, including a supervised
364	372		internship.
365	373		(28) STATE. Any state, commonwealth, district, or
366	374		territory of the United States of America.
367	375		(29) STATE LICENSING AUTHORITY. A member state's
368	376		regulatory body responsible for issuing licenses or otherwise
369	377		overseeing the practice of school psychology.
370	378		(30) STATE SPECIFIC REQUIREMENT. A requirement for
371	379		licensure covered in coursework or examination that includes
372	380		content of unique interest to the state.
373	381		(31) UNENCUMBERED LICENSE. A license that authorizes a
374	382		licensee to engage in the full and unrestricted practice of
375	383		school psychology.
376	384		§34-26-102. State participation in this compact.
377		-	(a) To be eligible to join this compact, and to
378		-	maintain eligibility as a member state, a state must:
379		-	(1) Enact a compact statute that is not materially
380		-	different from the model compact as defined in the
381		-	commission's rules.
382		-	(2) Participate in the sharing of information with
383		-	other member states as reasonably necessary to accomplish the
384		-	objectives of this compact, and as further defined in Section
385		-	34-26-100.
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	414	+	§34-26-102. State participation in this compact.
	415	+	(a) To be eligible to join this compact, and to
	416	+	maintain eligibility as a member state, a state must:
	417	+	(1) Enact a compact statute that is not materially
	418	+	different from the model compact as defined in the
	419	+	commission's rules.
	420	+	(2) Participate in the sharing of information with
	421	+	other member states as reasonably necessary to accomplish the
	422	+	objectives of this compact, and as further defined in Section
415	423		34-26-100.
416	424		(3) Identify and maintain with the commission a list of
417	425		equivalent licenses available to licensees who hold a home
418	426		state license under this compact.
419	427		(4) Have a mechanism in place for receiving and
420	428		investigating complaints about licensees.
421	429		(5) Notify the commission, in compliance with the terms
422	430		of this compact and the commission's rules, of any adverse
423	431		action taken against a licensee, or of the availability of
424	432		investigative information which relates to a licensee or
425	433		applicant for licensure.
426	434		(6) Require that applicants for a home state license
427	435		have:
428	436		a. Taken and passed a qualifying national exam as
429	437		defined by the rules of the commission.
430	438		b. Completed a minimum of 1200 hours of supervised
431	439		internship, of which at least 600 must have been completed in
432	440		a school, prior to being approved for licensure.
433	441		c. Graduated from a qualifying school psychologist
434	442		education program.
435		-	(7) Comply with the terms of this compact and the rules
436		-	of the commission.
437		-	(b) Each member state shall grant an equivalent license
438		-	to practice school psychology in that state upon application
439		-	by a licensee who satisfies the criteria of Section
440		-	34-26-103(a). Each member state shall grant renewal of the
441		-	equivalent license to a licensee who satisfies the criteria of
442		-	Section 34-26-103(b).
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	472	+	education program.
	473	+	(7) Comply with the terms of this compact and the rules
	474	+	of the commission.
	475	+	(b) Each member state shall grant an equivalent license
	476	+	to practice school psychology in that state upon application
	477	+	by a licensee who satisfies the criteria of Section
	478	+	34-26-103(a). Each member state shall grant renewal of the
	479	+	equivalent license to a licensee who satisfies the criteria of
472	480		Section 34-26-103(b).
473	481		(c) Member states may set and collect a fee for
474	482		granting an equivalent license.
475	483		§34-26-103. School psychologist participation in this
476	484		compact.
477	485		(a) To obtain and maintain an equivalent license from a
478	486		remote state under this compact, a licensee must:
479	487		(1) Hold and maintain an active home state license.
480	488		(2) Satisfy any applicable state specific requirements
481	489		established by the member state after an equivalent license is
482	490		granted.
483	491		(3) Complete any administrative or application
484	492		requirements which the commission may establish by rule, and
485	493		pay any associated fees.
486	494		(4) Complete any requirements for renewal in the home
487	495		state, including applicable continuing professional education
488	496		requirements.
489	497		(5) Upon his or her application to receive a license
490	498		under this compact, undergo a criminal background check in the
491	499		member state in which the equivalent license is sought in
492		-	accordance with the laws and rules of the member state.
493		-	(b) To renew an equivalent license in a member state
494		-	other than the home state, a licensee must only apply for
495		-	renewal, complete a background check, and pay renewal fees as
496		-	determined by the licensing authority.
497		-	§34-26-104. Active duty military members or their
498		-	spouses.
499		-	A licensee who is an active military member or is the
500		-	spouse of an active military member shall be deemed to hold a
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	529	+	member state in which the equivalent license is sought in
	530	+	accordance with the laws and rules of the member state.
	531	+	(b) To renew an equivalent license in a member state
	532	+	other than the home state, a licensee must only apply for
	533	+	renewal, complete a background check, and pay renewal fees as
	534	+	determined by the licensing authority.
	535	+	§34-26-104. Active duty military members or their
	536	+	spouses.
	537	+	A licensee who is an active military member or is the
530	538		spouse of an active military member shall be deemed to hold a
531	539		home state license in any of the following locations:
532	540		(1) The licensee's permanent residence.
533	541		(2) A member state that is the licensee's primary state
534	542		of practice.
535	543		(3) A member state where the licensee has relocated
536	544		pursuant to a permanent change of station (PCS).
537	545		§34-26-105. Discipline/Adverse actions.
538	546		(a) Nothing in this compact shall be deemed or
539	547		construed to limit the authority of a member state to
540	548		investigate or impose disciplinary measures on licensees
541	549		according to its scope of practice laws.
542	550		(b) Member states shall be authorized to receive, and
543	551		shall provide, files and information regarding the
544	552		investigation and discipline, if any, of licensees in other
545	553		member states upon request. Any member state receiving such
546	554		information or files shall protect and maintain their security
547	555		and confidentiality, in at least the same manner that it
548	556		maintains its own investigatory or disciplinary files and
549	557		information. Prior to disclosing any disciplinary or
550		-	investigatory information received from another member state,
551		-	the disclosing state shall communicate its intention and
552		-	purpose for such disclosure to the member state which
553		-	originally provided that information.
554		-	§34-26-106. Establishment of the School Psychologist
555		-	Interstate Licensure Compact Commission.
556		-	(a) The member states hereby create and establish a
557		-	joint government agency whose membership consists of all
558		-	member states that have enacted this compact, and this agency
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	587	+	information. Prior to disclosing any disciplinary or
	588	+	investigatory information received from another member state,
	589	+	the disclosing state shall communicate its intention and
	590	+	purpose for such disclosure to the member state which
	591	+	originally provided that information.
	592	+	§34-26-106. Establishment of the School Psychologist
	593	+	Interstate Licensure Compact Commission.
	594	+	(a) The member states hereby create and establish a
	595	+	joint government agency whose membership consists of all
588	596		member states that have enacted this compact, and this agency
589	597		shall be known as the School Psychologist Interstate Licensure
590	598		Compact Commission. The commission is an instrumentality of
591	599		the member states acting jointly and not an instrumentality of
592	600		any one state. The commission shall come into existence on or
593	601		after the effective date of this compact as set forth in
594	602		Section 34-26-110.
595	603		(b) Membership, Voting, and Meetings.
596	604		(1) Each member state shall have and be limited to one
597	605		delegate selected by the state licensing authority of that
598	606		member state.
599	607		(2) The delegate shall be the primary administrative
600	608		officer of the member state licensing authority or their
601	609		designee who is an employee of the member state licensing
602	610		authority.
603	611		(3) The commission shall by rule or bylaw establish a
604	612		term of office for delegates and may by rule or bylaw
605	613		establish term limits.
606	614		(4) The commission may recommend removal or suspension
607	615		of any delegate from office.
608		-	(5) A member state's licensing authority shall fill any
609		-	vacancy of its delegate occurring on the commission within 60
610		-	days of the vacancy.
611		-	(6) Each delegate shall be entitled to one vote on all
612		-	matters before the commission requiring a vote by commission
613		-	delegates.
614		-	(7) A delegate shall vote in person or by such other
615		-	means as provided in the bylaws. The bylaws may provide for
616		-	delegates to meet via telecommunication, videoconference, or
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	645	+	of any delegate from office.
	646	+	(5) A member state's licensing authority shall fill any
	647	+	vacancy of its delegate occurring on the commission within 60
	648	+	days of the vacancy.
	649	+	(6) Each delegate shall be entitled to one vote on all
	650	+	matters before the commission requiring a vote by commission
	651	+	delegates.
	652	+	(7) A delegate shall vote in person or by such other
	653	+	means as provided in the bylaws. The bylaws may provide for
646	654		delegates to meet via telecommunication, videoconference, or
647	655		other means of communication.
648	656		(8) The commission shall meet at least once during each
649	657		calendar year. Additional meetings may be held as set forth in
650	658		the bylaws. The commission may meet via telecommunication,
651	659		video conference, or other similar electronic means.
652	660		(c) The commission shall have the following powers:
653	661		(1) To establish the fiscal year of the commission.
654	662		(2) To establish code of conduct and conflict of
655	663		interest policies.
656	664		(3) To establish and amend rules and bylaws.
657	665		(4) To establish the procedure through which a licensee
658	666		may change his or her home state.
659	667		(5) To maintain its financial records in accordance
660	668		with the bylaws.
661	669		(6) To meet and take such actions as are consistent
662	670		with the provisions of this compact, the commission's rules,
663	671		and the bylaws.
664	672		(7) To initiate and conclude legal proceedings or
665	673		actions in the name of the commission, provided that the
666		-	standing of any member state licensing authority to sue or be
667		-	sued under applicable law shall not be affected.
668		-	(8) To maintain and certify records and information
669		-	provided to a member state as the authenticated business
670		-	records of the commission, and designate an agent to do so on
671		-	the commission's behalf.
672		-	(9) To purchase and maintain insurance and bonds.
673		-	(10) To borrow, accept, or contract for services of
674		-	personnel, including, but not limited to, employees of a
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	701	+	336 SB61 INTRODUCED
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	703	+	actions in the name of the commission, provided that the
	704	+	standing of any member state licensing authority to sue or be
	705	+	sued under applicable law shall not be affected.
	706	+	(8) To maintain and certify records and information
	707	+	provided to a member state as the authenticated business
	708	+	records of the commission, and designate an agent to do so on
	709	+	the commission's behalf.
	710	+	(9) To purchase and maintain insurance and bonds.
	711	+	(10) To borrow, accept, or contract for services of
704	712		personnel, including, but not limited to, employees of a
705	713		member state.
706	714		(11) To conduct an annual financial review.
707	715		(12) To hire employees, elect or appoint officers, fix
708	716		compensation, define duties, grant such individuals
709	717		appropriate authority to carry out the purposes of this
710	718		compact, and establish the commission's personnel policies and
711	719		programs relating to conflicts of interest, qualifications of
712	720		personnel, and other related personnel matters.
713	721		(13) To assess and collect fees.
714	722		(14) To accept any and all appropriate gifts,
715	723		donations, grants of money, other sources of revenue,
716	724		equipment, supplies, materials, and services, and receive,
717	725		utilize, and dispose of those items; provided, that at all
718	726		times the commission shall avoid any appearance of impropriety
719	727		or conflict of interest.
720	728		(15) To lease, purchase, retain, own, hold, improve, or
721	729		use any property, real, personal, or mixed, or any undivided
722	730		interest therein.
723	731		(16) To sell, convey, mortgage, pledge, lease,
724		-	exchange, abandon, or otherwise dispose of any property real,
725		-	personal, or mixed.
726		-	(17) To establish a budget and make expenditures.
727		-	(18) To borrow money.
728		-	(19) To appoint committees, including standing
729		-	committees, composed of members, state regulators, state
730		-	legislators or their representatives, consumer
731		-	representatives, and other interested persons as may be
732		-	designated in this compact and the bylaws.
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	761	+	(16) To sell, convey, mortgage, pledge, lease,
	762	+	exchange, abandon, or otherwise dispose of any property real,
	763	+	personal, or mixed.
	764	+	(17) To establish a budget and make expenditures.
	765	+	(18) To borrow money.
	766	+	(19) To appoint committees, including standing
	767	+	committees, composed of members, state regulators, state
	768	+	legislators or their representatives, consumer
	769	+	representatives, and other interested persons as may be
762	770		designated in this compact and the bylaws.
763	771		(20) To provide and receive information from, and
764	772		cooperate with, law enforcement agencies.
765	773		(21) To establish and elect an executive committee,
766	774		including a chair and a vice chair.
767	775		(22) To determine whether a state's adopted language is
768	776		materially different from the model compact language such that
769	777		the state would not qualify for participation in this compact.
770	778		(23) To perform other functions as may be necessary or
771	779		appropriate to achieve the purposes of this compact.
772	780		(d) The Executive Committee.
773	781		(1) The executive committee shall have the power to act
774	782		on behalf of the commission according to the terms of this
775	783		compact and shall have the following powers, duties, and
776	784		responsibilities:
777	785		a. To oversee the day-to-day activities of the
778	786		administration of this compact, including enforcement and
779	787		compliance with the provisions of this compact, its rules and
780	788		bylaws, and other such duties as deemed necessary.
781	789		b. To recommend to the commission changes to the rules
782		-	or bylaws, changes to this compact legislation, fees charged
783		-	to member states, fees charged to licensees, and other fees.
784		-	c. To ensure compact administration services are
785		-	appropriately provided, including by contract.
786		-	d. To prepare and recommend the budget.
787		-	e. To maintain financial records on behalf of the
788		-	commission.
789		-	f. To monitor compact compliance of member states and
790		-	provide compliance reports to the commission.
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794	793		368
795	794		369
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818		-	392 SB61 ~~Engrossed~~
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	819	+	b. To recommend to the commission changes to the rules
	820	+	or bylaws, changes to this compact legislation, fees charged
	821	+	to member states, fees charged to licensees, and other fees.
	822	+	c. To ensure compact administration services are
	823	+	appropriately provided, including by contract.
	824	+	d. To prepare and recommend the budget.
	825	+	e. To maintain financial records on behalf of the
	826	+	commission.
	827	+	f. To monitor compact compliance of member states and
820	828		provide compliance reports to the commission.
821	829		g. To establish additional committees as necessary.
822	830		h. To exercise the powers and duties of the commission
823	831		during interim periods between commission meetings, except for
824	832		adopting or amending rules, adopting or amending bylaws, and
825	833		exercising any other powers and duties expressly reserved to
826	834		the commission by rule or bylaw.
827	835		i. To perform other duties as provided in the rules or
828	836		bylaws of the commission.
829	837		(2) The executive committee shall be composed of up to
830	838		seven members:
831	839		a. The chair and vice chair of the commission shall be
832	840		voting members of the executive committee.
833	841		b. The commission shall elect five voting members from
834	842		the current membership of the commission.
835	843		(3) The commission may remove any member of the
836	844		executive committee as provided in the commission's bylaws.
837	845		(4) The executive committee shall meet at least
838	846		annually.
839	847		a. Executive committee meetings shall be open to the
840		-	public, except that the executive committee may meet in a
841		-	closed, non-public meeting as provided in subdivision (f)(2).
842		-	b. The executive committee shall give 30 days' notice
843		-	of its meetings, posted on its website and as determined to
844		-	provide notice to persons with an interest in the business of
845		-	the commission.
846		-	c. The executive committee may hold a special meeting
847		-	in accordance with paragraph (f)(1)b.
848		-	(e) The commission shall adopt and provide to the
849	848		393
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	877	+	a. Executive committee meetings shall be open to the
	878	+	public, except that the executive committee may meet in a
	879	+	closed, non-public meeting as provided in subdivision (f)(2).
	880	+	b. The executive committee shall give 30 days' notice
	881	+	of its meetings, posted on its website and as determined to
	882	+	provide notice to persons with an interest in the business of
	883	+	the commission.
	884	+	c. The executive committee may hold a special meeting
	885	+	in accordance with paragraph (f)(1)b.
878	886		(e) The commission shall adopt and provide to the
879	887		member states an annual report.
880	888		(f) Meetings of the commission.
881	889		(1) All meetings shall be open to the public, except
882	890		that the commission may meet in a closed, nonpublic meeting as
883	891		provided in subdivision (2).
884	892		a. Public notice for all meetings of the full
885	893		commission shall be given in the same manner as required under
886	894		the rulemaking provisions in Section 34-26-108, except that
887	895		the commission may hold a special meeting as provided in
888	896		paragraph b.
889	897		b. The commission may hold a special meeting when it
890	898		must meet to conduct emergency business by giving 48 hours'
891	899		notice to all commissioners, on the commission's website, and
892	900		other means as provided in the commission's rules. The
893	901		commission's legal counsel shall certify that the commission's
894	902		need to meet qualifies as an emergency.
895	903		(2) The commission, the executive committee, or other
896	904		committees of the commission may convene in a closed,
897	905		nonpublic meeting for the commission, executive committee, or
898		-	other committees of the commission to receive legal advice or
899		-	to discuss the following:
900		-	a. Noncompliance of a member state with its obligations
901		-	under this compact.
902		-	b. The employment, compensation, discipline, or other
903		-	matters, practices, or procedures related to specific
904		-	employees.
905		-	c. Current or threatened discipline of a licensee by
906		-	the commission or by a member state's licensing authority.
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	935	+	nonpublic meeting for the commission, executive committee, or
	936	+	other committees of the commission to receive legal advice or
	937	+	to discuss the following:
	938	+	a. Noncompliance of a member state with its obligations
	939	+	under this compact.
	940	+	b. The employment, compensation, discipline, or other
	941	+	matters, practices, or procedures related to specific
	942	+	employees.
	943	+	c. Current or threatened discipline of a licensee by
936	944		the commission or by a member state's licensing authority.
937	945		d. Current, threatened, or reasonably anticipated
938	946		litigation.
939	947		e. Negotiation of contracts for the purchase, lease, or
940	948		sale of goods, services, or real estate.
941	949		f. Accusing any individual of a crime or formally
942	950		censuring any individual.
943	951		g. Trade secrets or commercial or financial information
944	952		that is privileged or confidential.
945	953		h. Information of a personal nature where disclosure
946	954		would constitute a clearly unwarranted invasion of personal
947	955		privacy.
948	956		i. Investigative records compiled for law enforcement
949	957		purposes.
950	958		j. Information related to any investigative reports
951	959		prepared by, on behalf of, or for use of the commission or
952	960		other committee charged with responsibility of investigation
953	961		or determination of compliance issues pursuant to this
954	962		compact.
955	963		k. Matters specifically exempted from disclosure by
956		-	federal or member state law.
957		-	l. Other matters as adopted by the commission by rule.
958		-	(3) If a meeting, or portion of a meeting, is closed,
959		-	the presiding officer shall state that the meeting will be
960		-	closed and reference each relevant exempting provision, and
961		-	each reference shall be recorded in the minutes.
962		-	(4) The commission shall keep minutes that fully and
963		-	clearly describe all matters discussed in a meeting and shall
964		-	provide a full and accurate summary of actions taken, and the
965	964		449
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	993	+	k. Matters specifically exempted from disclosure by
	994	+	federal or member state law.
	995	+	l. Other matters as adopted by the commission by rule.
	996	+	(3) If a meeting, or portion of a meeting, is closed,
	997	+	the presiding officer shall state that the meeting will be
	998	+	closed and reference each relevant exempting provision, and
	999	+	each reference shall be recorded in the minutes.
	1000	+	(4) The commission shall keep minutes that fully and
	1001	+	clearly describe all matters discussed in a meeting and shall
994	1002		provide a full and accurate summary of actions taken, and the
995	1003		reasons therefore, including a description of the views
996	1004		expressed. All documents considered in connection with an
997	1005		action shall be identified in the minutes. All minutes and
998	1006		documents of a closed meeting shall remain under seal, subject
999	1007		to release only by a majority vote of the commission or order
1000	1008		of a court of competent jurisdiction.
1001	1009		(g) Financing of the commission.
1002	1010		(1) The commission shall pay, or provide for the
1003	1011		payment of, the reasonable expenses of its establishment,
1004	1012		organization, and ongoing activities.
1005	1013		(2) The commission may accept any and all appropriate
1006	1014		revenue sources as provided in subdivision (c)(14).
1007	1015		(3) The commission may levy on and collect an annual
1008	1016		assessment from each member state and impose fees on licensees
1009	1017		practicing in the member states under an equivalent license to
1010	1018		cover the cost of the operations and activities of the
1011	1019		commission and its staff, which must be in a total amount
1012	1020		sufficient to cover its annual budget as approved each year
1013	1021		for which revenue is not provided by other sources. The
1014		-	aggregate annual assessment amount for member states shall be
1015		-	allocated based upon a formula that the commission shall adopt
1016		-	by rule.
1017		-	(4) The commission shall not incur obligations of any
1018		-	kind prior to securing the funds adequate to meet those
1019		-	obligations nor shall the commission pledge the credit of any
1020		-	of the member states, except by and with the authority of the
1021		-	member state.
1022		-	(5) The commission shall keep accurate accounts of all
1023	1022		477
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1025	1024		479
1026	1025		480
1027	1026		481
1028	1027		482
1029	1028		483
1030	1029		484
1031	1030		485
1032	1031		486
1033	1032		487
1034	1033		488
1035	1034		489
1036	1035		490
1037	1036		491
1038	1037		492
1039	1038		493
1040	1039		494
1041	1040		495
1042	1041		496
1043	1042		497
1044	1043		498
1045	1044		499
1046	1045		500
1047	1046		501
1048	1047		502
1049	1048		503
1050		-	504 SB61 ~~Engrossed~~
	1049	+	504 SB61 INTRODUCED
1051	1050		Page 19
	1051	+	for which revenue is not provided by other sources. The
	1052	+	aggregate annual assessment amount for member states shall be
	1053	+	allocated based upon a formula that the commission shall adopt
	1054	+	by rule.
	1055	+	(4) The commission shall not incur obligations of any
	1056	+	kind prior to securing the funds adequate to meet those
	1057	+	obligations nor shall the commission pledge the credit of any
	1058	+	of the member states, except by and with the authority of the
	1059	+	member state.
1052	1060		(5) The commission shall keep accurate accounts of all
1053	1061		receipts and disbursements. The receipts and disbursements of
1054	1062		the commission shall be subject to the financial review and
1055	1063		accounting procedures established under its bylaws. However,
1056	1064		all receipts and disbursements of funds handled by the
1057	1065		commission shall be subject to an annual financial review by a
1058	1066		certified or licensed public accountant, and the report of the
1059	1067		financial review shall be included in and become part of the
1060	1068		annual report of the commission.
1061	1069		(h) Qualified immunity, defense, and indemnification.
1062	1070		(1) The members, officers, executive director,
1063	1071		employees, and representatives of the commission shall be
1064	1072		immune from suit and liability, both personally and in their
1065	1073		official capacity, for any claim for damage to or loss of
1066	1074		property or personal injury or other civil liability caused by
1067	1075		or arising out of any actual or alleged act, error, or
1068	1076		omission that occurred, or that the individual against whom
1069	1077		the claim is made had a reasonable basis for believing
1070	1078		occurred within the scope of commission employment, duties, or
1071	1079		responsibilities; provided, that nothing in this subdivision
1072		-	shall be construed to protect any such individual from suit or
1073		-	liability for any damage, loss, injury, or liability caused by
1074		-	the intentional, willful, or wanton misconduct of that
1075		-	individual. The procurement of insurance of any type by the
1076		-	commission shall not in any way compromise or limit the
1077		-	immunity granted hereunder.
1078		-	(2) The commission shall defend any member, officer,
1079		-	executive director, employee, and representative of the
1080		-	commission in any civil action seeking to impose liability
1081	1080		505
1082	1081		506
1083	1082		507
1084	1083		508
1085	1084		509
1086	1085		510
1087	1086		511
1088	1087		512
1089	1088		513
1090	1089		514
1091	1090		515
1092	1091		516
1093	1092		517
1094	1093		518
1095	1094		519
1096	1095		520
1097	1096		521
1098	1097		522
1099	1098		523
1100	1099		524
1101	1100		525
1102	1101		526
1103	1102		527
1104	1103		528
1105	1104		529
1106	1105		530
1107	1106		531
1108		-	532 SB61 ~~Engrossed~~
	1107	+	532 SB61 INTRODUCED
1109	1108		Page 20
	1109	+	responsibilities; provided, that nothing in this subdivision
	1110	+	shall be construed to protect any such individual from suit or
	1111	+	liability for any damage, loss, injury, or liability caused by
	1112	+	the intentional, willful, or wanton misconduct of that
	1113	+	individual. The procurement of insurance of any type by the
	1114	+	commission shall not in any way compromise or limit the
	1115	+	immunity granted hereunder.
	1116	+	(2) The commission shall defend any member, officer,
	1117	+	executive director, employee, and representative of the
1110	1118		commission in any civil action seeking to impose liability
1111	1119		arising out of any actual or alleged act, error, or omission
1112	1120		that occurred within the scope of commission employment,
1113	1121		duties, or responsibilities, or as determined by the
1114	1122		commission that the individual against whom the claim is made
1115	1123		had a reasonable basis for believing occurred within the scope
1116	1124		of commission employment, duties, or responsibilities;
1117	1125		provided, that nothing herein shall be construed to prohibit
1118	1126		that individual from retaining their own counsel at their own
1119	1127		expense; and provided further, that the actual or alleged act,
1120	1128		error, or omission did not result from that individual's
1121	1129		intentional, willful, or wanton misconduct.
1122	1130		(3) The commission shall indemnify and hold harmless
1123	1131		any member, officer, executive director, employee, and
1124	1132		representative of the commission for the amount of any
1125	1133		settlement or judgment obtained against that individual
1126	1134		arising out of any actual or alleged act, error, or omission
1127	1135		that occurred within the scope of commission employment,
1128	1136		duties, or responsibilities, or that such individual had a
1129	1137		reasonable basis for believing occurred within the scope of
1130		-	commission employment, duties, or responsibilities; provided,
1131		-	that the actual or alleged act, error, or omission did not
1132		-	result from the intentional, willful, or wanton misconduct of
1133		-	that individual.
1134		-	(4) Nothing herein shall be construed as a limitation
1135		-	on the liability of any licensee for professional malpractice
1136		-	or misconduct, which shall be governed solely by any other
1137		-	applicable state laws.
1138		-	(5) Nothing in this compact shall be interpreted to
1139	1138		533
1140	1139		534
1141	1140		535
1142	1141		536
1143	1142		537
1144	1143		538
1145	1144		539
1146	1145		540
1147	1146		541
1148	1147		542
1149	1148		543
1150	1149		544
1151	1150		545
1152	1151		546
1153	1152		547
1154	1153		548
1155	1154		549
1156	1155		550
1157	1156		551
1158	1157		552
1159	1158		553
1160	1159		554
1161	1160		555
1162	1161		556
1163	1162		557
1164	1163		558
1165	1164		559
1166		-	560 SB61 ~~Engrossed~~
	1165	+	560 SB61 INTRODUCED
1167	1166		Page 21
	1167	+	reasonable basis for believing occurred within the scope of
	1168	+	commission employment, duties, or responsibilities; provided,
	1169	+	that the actual or alleged act, error, or omission did not
	1170	+	result from the intentional, willful, or wanton misconduct of
	1171	+	that individual.
	1172	+	(4) Nothing herein shall be construed as a limitation
	1173	+	on the liability of any licensee for professional malpractice
	1174	+	or misconduct, which shall be governed solely by any other
	1175	+	applicable state laws.
1168	1176		(5) Nothing in this compact shall be interpreted to
1169	1177		waive or otherwise abrogate a member state's state action
1170	1178		immunity or state action affirmative defense with respect to
1171	1179		antitrust claims under the Sherman Act, Clayton Act, or any
1172	1180		other state or federal antitrust or anticompetitive law or
1173	1181		regulation.
1174	1182		(6) Nothing in this compact shall be construed to be a
1175	1183		waiver of sovereign immunity by the member states or by the
1176	1184		commission.
1177	1185		§34-26-107. Facilitating information exchange.
1178	1186		(a) The commission shall provide for facilitating the
1179	1187		exchange of information to administer and implement the
1180	1188		provisions of this compact in accordance with the rules of the
1181	1189		commission, consistent with generally accepted data protection
1182	1190		principles.
1183	1191		(b) Notwithstanding any other provision of state law to
1184	1192		the contrary, a member state shall agree to provide for the
1185	1193		facilitation of the following licensee information as required
1186	1194		by the rules of the commission, to include the following:
1187	1195		(1) Identifying information.
1188		-	(2) Licensure data.
1189		-	(3) Adverse actions against a license and related
1190		-	information.
1191		-	(4) Nonconfidential information related to alternative
1192		-	program participation, the beginning and ending dates of such
1193		-	participation, and other information related to such
1194		-	participation not made confidential under member state law.
1195		-	(5) Any denial of application for licensure, and the
1196		-	reason for the denial.
1197	1196		561
1198	1197		562
1199	1198		563
1200	1199		564
1201	1200		565
1202	1201		566
1203	1202		567
1204	1203		568
1205	1204		569
1206	1205		570
1207	1206		571
1208	1207		572
1209	1208		573
1210	1209		574
1211	1210		575
1212	1211		576
1213	1212		577
1214	1213		578
1215	1214		579
1216	1215		580
1217	1216		581
1218	1217		582
1219	1218		583
1220	1219		584
1221	1220		585
1222	1221		586
1223	1222		587
1224		-	588 SB61 ~~Engrossed~~
	1223	+	588 SB61 INTRODUCED
1225	1224		Page 22
	1225	+	(1) Identifying information.
	1226	+	(2) Licensure data.
	1227	+	(3) Adverse actions against a license and related
	1228	+	information.
	1229	+	(4) Nonconfidential information related to alternative
	1230	+	program participation, the beginning and ending dates of such
	1231	+	participation, and other information related to such
	1232	+	participation not made confidential under member state law.
	1233	+	(5) Any denial of application for licensure, and the
1226	1234		reason for the denial.
1227	1235		(6) The presence of investigative information.
1228	1236		(7) Other information that may facilitate the
1229	1237		administration of this compact or the protection of the
1230	1238		public, as determined by the rules of the commission.
1231	1239		(c) Nothing in this compact shall be deemed or
1232	1240		construed to alter, limit, or inhibit the power of a member
1233	1241		state to control and maintain ownership of its licensee
1234	1242		information or alter, limit, or inhibit the laws or rules
1235	1243		governing licensee information in the member state.
1236	1244		§34-26-108. Rulemaking.
1237	1245		(a) The commission shall exercise its rulemaking powers
1238	1246		pursuant to the criteria set forth in this compact and the
1239	1247		rules adopted thereunder. Rules and amendments shall become
1240	1248		binding as of the date specified in each rule or amendment.
1241	1249		(b) The commission shall adopt reasonable rules to
1242	1250		achieve the intent and purpose of this compact. In the event
1243	1251		the commission exercises its rulemaking authority in a manner
1244	1252		that is beyond purpose and intent of this compact, or the
1245	1253		powers granted hereunder, then such an action by the
1246		-	commission shall be invalid and have no force and effect of
1247		-	law in the member states.
1248		-	(c) If a majority of the legislatures of the member
1249		-	states rejects a rule, by enactment of a statute or resolution
1250		-	in the same manner used to adopt this compact within four
1251		-	years of the date of adoption of the rule, then the rule shall
1252		-	have no further force and effect in any member state.
1253		-	(d) Rules or amendments to the rules shall be adopted
1254		-	or ratified at a regular or special meeting of the commission
1255	1254		589
1256	1255		590
1257	1256		591
1258	1257		592
1259	1258		593
1260	1259		594
1261	1260		595
1262	1261		596
1263	1262		597
1264	1263		598
1265	1264		599
1266	1265		600
1267	1266		601
1268	1267		602
1269	1268		603
1270	1269		604
1271	1270		605
1272	1271		606
1273	1272		607
1274	1273		608
1275	1274		609
1276	1275		610
1277	1276		611
1278	1277		612
1279	1278		613
1280	1279		614
1281	1280		615
1282		-	616 SB61 ~~Engrossed~~
	1281	+	616 SB61 INTRODUCED
1283	1282		Page 23
	1283	+	powers granted hereunder, then such an action by the
	1284	+	commission shall be invalid and have no force and effect of
	1285	+	law in the member states.
	1286	+	(c) If a majority of the legislatures of the member
	1287	+	states rejects a rule, by enactment of a statute or resolution
	1288	+	in the same manner used to adopt this compact within four
	1289	+	years of the date of adoption of the rule, then the rule shall
	1290	+	have no further force and effect in any member state.
	1291	+	(d) Rules or amendments to the rules shall be adopted
1284	1292		or ratified at a regular or special meeting of the commission
1285	1293		in accordance with commission rules and bylaws.
1286	1294		(e) Prior to adoption of a final rule or rules by the
1287	1295		commission, and at least 30 days in advance of the meeting at
1288	1296		which the rule will be considered and voted upon, the
1289	1297		commission shall file a notice of proposed rulemaking:
1290	1298		(1) On the website of the commission or other publicly
1291	1299		accessible platform.
1292	1300		(2) On the website of each member state licensing
1293	1301		authority or other publicly accessible platform or the
1294	1302		publication in which each state would otherwise publish
1295	1303		proposed rules.
1296	1304		(f) Upon determination that an emergency exists, the
1297	1305		commission may consider and adopt an emergency rule with 48
1298	1306		hours' notice, with opportunity to comment; provided, that the
1299	1307		usual rulemaking procedures shall be retroactively applied to
1300	1308		the rule as soon as reasonably possible, and in no event later
1301	1309		than 90 days after the effective date of the rule. For the
1302	1310		purposes of this subsection, an emergency rule is one that
1303	1311		must be adopted immediately in order to:
1304		-	(1) Meet an imminent threat to public health, safety,
1305		-	or welfare.
1306		-	(2) Prevent a loss of commission or member state funds.
1307		-	(3) Meet a deadline for the adoption of an
1308		-	administrative rule that is established by federal law or
1309		-	rule.
1310		-	(4) Protect public health and safety.
1311		-	§34-26-109. Oversight, dispute resolution, and
1312		-	enforcement.
1313	1312		617
1314	1313		618
1315	1314		619
1316	1315		620
1317	1316		621
1318	1317		622
1319	1318		623
1320	1319		624
1321	1320		625
1322	1321		626
1323	1322		627
1324	1323		628
1325	1324		629
1326	1325		630
1327	1326		631
1328	1327		632
1329	1328		633
1330	1329		634
1331	1330		635
1332	1331		636
1333	1332		637
1334	1333		638
1335	1334		639
1336	1335		640
1337	1336		641
1338	1337		642
1339	1338		643
1340		-	644 SB61 ~~Engrossed~~
	1339	+	644 SB61 INTRODUCED
1341	1340		Page 24
	1341	+	must be adopted immediately in order to:
	1342	+	(1) Meet an imminent threat to public health, safety,
	1343	+	or welfare.
	1344	+	(2) Prevent a loss of commission or member state funds.
	1345	+	(3) Meet a deadline for the adoption of an
	1346	+	administrative rule that is established by federal law or
	1347	+	rule.
	1348	+	(4) Protect public health and safety.
	1349	+	§34-26-109. Oversight, dispute resolution, and
1342	1350		enforcement.
1343	1351		(a) Oversight.
1344	1352		(1) The executive and judicial branches of the state
1345	1353		government in each member state shall enforce this compact and
1346	1354		take all actions necessary and appropriate to implement this
1347	1355		compact.
1348	1356		(2) Venue is proper and judicial proceedings by or
1349	1357		against the commission shall be brought solely and exclusively
1350		-	in a court of competent jurisdiction~~, including,~~ ~~but not~~
1351		-	~~limited to, where the principal~~ office of the commission is
1352		-	~~located. The commission may waive~~ venue and jurisdictional
1353		-	~~defenses to the extent it adopts or~~ consents to participate in
1354		-	~~alternative dispute resolution~~ proceedings. Nothing herein
1355		-	~~shall affect or limit the~~ selection or propriety of venue in
1356		-	~~any action against a~~ licensee for professional malpractice,
1357		-	~~misconduct, or any~~ similar matter.
	1358	+	in a court of competent jurisdiction where the principal
	1359	+	office of the commission is located. The commission may waive
	1360	+	venue and jurisdictional defenses to the extent it adopts or
	1361	+	consents to participate in alternative dispute resolution
	1362	+	proceedings. Nothing herein shall affect or limit the
	1363	+	selection or propriety of venue in any action against a
	1364	+	licensee for professional malpractice, misconduct, or any
	1365	+	similar matter.
1358	1366		(3) The commission shall be entitled to receive service
1359	1367		of process in any proceeding regarding the enforcement or
1360	1368		interpretation of this compact and shall have standing to
1361	1369		intervene in such a proceeding for all purposes. Failure to
1362		-	provide the commission service of process shall render a
1363		-	judgment or order void as to the commission, this compact, or
1364		-	adopted rules.
1365		-	(b) Default, technical assistance, and termination.
1366		-	(1) If the commission determines that a member state
1367		-	has defaulted in the performance of its obligations or
1368		-	responsibilities under this compact or the adopted rules, the
1369		-	commission shall provide written notice to the defaulting
1370		-	state. The notice of default shall describe the default, the
1371	1370		645
1372	1371		646
1373	1372		647
1374	1373		648
1375	1374		649
1376	1375		650
1377	1376		651
1378	1377		652
1379	1378		653
1380	1379		654
1381	1380		655
1382	1381		656
1383	1382		657
1384	1383		658
1385	1384		659
1386	1385		660
1387	1386		661
1388	1387		662
1389	1388		663
1390	1389		664
1391	1390		665
1392	1391		666
1393	1392		667
1394	1393		668
1395	1394		669
1396	1395		670
1397	1396		671
1398		-	672 SB61 ~~Engrossed~~
	1397	+	672 SB61 INTRODUCED
1399	1398		Page 25
	1399	+	intervene in such a proceeding for all purposes. Failure to
	1400	+	provide the commission service of process shall render a
	1401	+	judgment or order void as to the commission, this compact, or
	1402	+	adopted rules.
	1403	+	(b) Default, technical assistance, and termination.
	1404	+	(1) If the commission determines that a member state
	1405	+	has defaulted in the performance of its obligations or
	1406	+	responsibilities under this compact or the adopted rules, the
	1407	+	commission shall provide written notice to the defaulting
1400	1408		state. The notice of default shall describe the default, the
1401	1409		proposed means of curing the default, and any other action
1402	1410		that the commission may take, and shall offer training and
1403	1411		specific technical assistance regarding the default.
1404	1412		(2) The commission shall provide a copy of the notice
1405	1413		of default to the other member states.
1406	1414		(c) If a state in default fails to cure the default,
1407	1415		the defaulting state may be terminated from this compact upon
1408	1416		an affirmative vote of a supermajority of the delegates of the
1409	1417		member states, and all rights, privileges, and benefits
1410	1418		conferred on that state by this compact may be terminated on
1411	1419		the effective date of termination. A cure of the default does
1412	1420		not relieve the offending state of obligations or liabilities
1413	1421		incurred during the period of default.
1414	1422		(d) Termination of membership in this compact shall be
1415	1423		imposed only after all other means of securing compliance have
1416	1424		been exhausted. Notice of intent to suspend or terminate shall
1417	1425		be given by the commission to the governor, the majority and
1418	1426		minority leaders of the defaulting state's legislature, the
1419	1427		defaulting state's licensing authority, and each of the member
1420		-	states' licensing authorities.
1421		-	(e) A state that has been terminated is responsible for
1422		-	all assessments, obligations, and liabilities incurred through
1423		-	the effective date of termination, including obligations that
1424		-	extend beyond the effective date of termination.
1425		-	(f) Upon the termination of a state's membership from
1426		-	this compact, that state shall immediately provide notice to
1427		-	all licensees within that state of the termination. The
1428		-	terminated state shall continue to recognize all licenses
1429	1428		673
1430	1429		674
1431	1430		675
1432	1431		676
1433	1432		677
1434	1433		678
1435	1434		679
1436	1435		680
1437	1436		681
1438	1437		682
1439	1438		683
1440	1439		684
1441	1440		685
1442	1441		686
1443	1442		687
1444	1443		688
1445	1444		689
1446	1445		690
1447	1446		691
1448	1447		692
1449	1448		693
1450	1449		694
1451	1450		695
1452	1451		696
1453	1452		697
1454	1453		698
1455	1454		699
1456		-	700 SB61 ~~Engrossed~~
	1455	+	700 SB61 INTRODUCED
1457	1456		Page 26
	1457	+	defaulting state's licensing authority, and each of the member
	1458	+	states' licensing authorities.
	1459	+	(e) A state that has been terminated is responsible for
	1460	+	all assessments, obligations, and liabilities incurred through
	1461	+	the effective date of termination, including obligations that
	1462	+	extend beyond the effective date of termination.
	1463	+	(f) Upon the termination of a state's membership from
	1464	+	this compact, that state shall immediately provide notice to
	1465	+	all licensees within that state of the termination. The
1458	1466		terminated state shall continue to recognize all licenses
1459	1467		granted pursuant to this compact for a minimum of six months
1460	1468		after the date of the notice of termination.
1461	1469		(g) The commission shall not bear any costs related to
1462	1470		a state that is found to be in default or that has been
1463	1471		terminated from this compact, unless agreed upon in writing
1464	1472		between the commission and the defaulting state.
1465	1473		(h) The defaulting state may appeal the action of the
1466	1474		commission by petitioning the United States District Court for
1467	1475		the District of Columbia or the federal district where the
1468	1476		commission has its principal offices. The prevailing party
1469	1477		shall be awarded all costs of the litigation, including
1470	1478		reasonable attorney fees.
1471	1479		(i) Dispute Resolution.
1472	1480		(1) Upon request by a member state, the commission
1473	1481		shall attempt to resolve disputes related to this compact that
1474	1482		arise among member states and between member and non-member
1475	1483		states.
1476	1484		(2) The commission shall adopt a rule providing for
1477	1485		both mediation and binding dispute resolution for disputes as
1478		-	appropriate.
1479		-	(j) Enforcement.
1480		-	(1) By majority vote as provided by rule, the
1481		-	commission may initiate legal action against a member state in
1482		-	default in the United States District Court for the District
1483		-	of Columbia or the federal district where the commission has
1484		-	its principal offices to enforce compliance with the
1485		-	provisions of this compact and its adopted rules. The relief
1486		-	sought may include both injunctive relief and damages. In the
1487	1486		701
1488	1487		702
1489	1488		703
1490	1489		704
1491	1490		705
1492	1491		706
1493	1492		707
1494	1493		708
1495	1494		709
1496	1495		710
1497	1496		711
1498	1497		712
1499	1498		713
1500	1499		714
1501	1500		715
1502	1501		716
1503	1502		717
1504	1503		718
1505	1504		719
1506	1505		720
1507	1506		721
1508	1507		722
1509	1508		723
1510	1509		724
1511	1510		725
1512	1511		726
1513	1512		727
1514		-	728 SB61 ~~Engrossed~~
	1513	+	728 SB61 INTRODUCED
1515	1514		Page 27
	1515	+	both mediation and binding dispute resolution for disputes as
	1516	+	appropriate.
	1517	+	(j) Enforcement.
	1518	+	(1) By majority vote as provided by rule, the
	1519	+	commission may initiate legal action against a member state in
	1520	+	default in the United States District Court for the District
	1521	+	of Columbia or the federal district where the commission has
	1522	+	its principal offices to enforce compliance with the
	1523	+	provisions of this compact and its adopted rules. The relief
1516	1524		sought may include both injunctive relief and damages. In the
1517	1525		event judicial enforcement is necessary, the prevailing party
1518	1526		shall be awarded all costs of the litigation, including
1519	1527		reasonable attorney fees. The remedies herein shall not be the
1520	1528		exclusive remedies of the commission. The commission may
1521	1529		pursue any other remedies available under federal or the
1522	1530		defaulting member state's law.
1523	1531		(2) A member state may initiate legal action against
1524	1532		the commission in the United States District Court for the
1525	1533		District of Columbia or the federal district where the
1526	1534		commission has its principal offices to enforce compliance
1527	1535		with the provisions of this compact and its adopted rules. The
1528	1536		relief sought may include both injunctive relief and damages.
1529	1537		In the event judicial enforcement is necessary, the prevailing
1530	1538		party shall be awarded all costs of the litigation, including
1531	1539		reasonable attorney fees.
1532	1540		(3) No person other than a member state shall enforce
1533	1541		this compact against the commission.
1534	1542		§34-26-110. Effective date, withdrawal, and amendment.
1535	1543		(a) This compact shall come into effect on the date on
1536		-	which the compact statute is enacted into law in the seventh
1537		-	member state.
1538		-	(1) On or after the effective date of this compact
1539		-	indicated above, the commission shall convene and review the
1540		-	enactment of each of the charter member states to determine if
1541		-	the statute enacted by each such charter member state is
1542		-	materially different than the model compact statute.
1543		-	a. A charter member state whose enactment is found to
1544		-	be materially different from the model compact statute shall
1545	1544		729
1546	1545		730
1547	1546		731
1548	1547		732
1549	1548		733
1550	1549		734
1551	1550		735
1552	1551		736
1553	1552		737
1554	1553		738
1555	1554		739
1556	1555		740
1557	1556		741
1558	1557		742
1559	1558		743
1560	1559		744
1561	1560		745
1562	1561		746
1563	1562		747
1564	1563		748
1565	1564		749
1566	1565		750
1567	1566		751
1568	1567		752
1569	1568		753
1570	1569		754
1571	1570		755
1572		-	756 SB61 ~~Engrossed~~
	1571	+	756 SB61 INTRODUCED
1573	1572		Page 28
	1573	+	(a) This compact shall come into effect on the date on
	1574	+	which the compact statute is enacted into law in the seventh
	1575	+	member state.
	1576	+	(1) On or after the effective date of this compact
	1577	+	indicated above, the commission shall convene and review the
	1578	+	enactment of each of the charter member states to determine if
	1579	+	the statute enacted by each such charter member state is
	1580	+	materially different than the model compact statute.
	1581	+	a. A charter member state whose enactment is found to
1574	1582		be materially different from the model compact statute shall
1575	1583		be entitled to the default process set forth in Section
1576	1584		34-26-109(b).
1577	1585		b. If any member state is later found to be in default,
1578	1586		is terminated, or withdraws from this compact, the commission
1579	1587		shall remain in existence and this compact shall remain in
1580	1588		effect even if the number of member states should be less than
1581	1589		seven.
1582	1590		(2) Member states enacting this compact subsequent to
1583	1591		the charter member states shall be subject to the process set
1584	1592		forth in subdivision (1) to determine if their enactments are
1585	1593		materially different from the model compact statute and
1586	1594		whether they qualify for participation in this compact.
1587	1595		(3) All actions taken for the benefit of the commission
1588	1596		or in furtherance of the purposes of the administration of
1589	1597		this compact prior to the effective date of this compact or
1590	1598		the commission coming into existence shall be considered to be
1591	1599		actions of the commission unless specifically repudiated by
1592	1600		the commission.
1593	1601		a. Any state that joins this compact subsequent to the
1594		-	commission's initial adoption of the rules and bylaws shall be
1595		-	subject to the rules and bylaws as they exist on the date on
1596		-	which this compact becomes law in that state. Any rule that
1597		-	has been previously adopted by the commission shall have the
1598		-	full force and effect of law on the day this compact becomes
1599		-	law in that state.
1600		-	b. Any member state may withdraw from this compact by
1601		-	enacting a statute repealing the same.
1602		-	(b) A member state's withdrawal shall not take effect
1603	1602		757
1604	1603		758
1605	1604		759
1606	1605		760
1607	1606		761
1608	1607		762
1609	1608		763
1610	1609		764
1611	1610		765
1612	1611		766
1613	1612		767
1614	1613		768
1615	1614		769
1616	1615		770
1617	1616		771
1618	1617		772
1619	1618		773
1620	1619		774
1621	1620		775
1622	1621		776
1623	1622		777
1624	1623		778
1625	1624		779
1626	1625		780
1627	1626		781
1628	1627		782
1629	1628		783
1630		-	784 SB61 ~~Engrossed~~
	1629	+	784 SB61 INTRODUCED
1631	1630		Page 29
	1631	+	a. Any state that joins this compact subsequent to the
	1632	+	commission's initial adoption of the rules and bylaws shall be
	1633	+	subject to the rules and bylaws as they exist on the date on
	1634	+	which this compact becomes law in that state. Any rule that
	1635	+	has been previously adopted by the commission shall have the
	1636	+	full force and effect of law on the day this compact becomes
	1637	+	law in that state.
	1638	+	b. Any member state may withdraw from this compact by
	1639	+	enacting a statute repealing the same.
1632	1640		(b) A member state's withdrawal shall not take effect
1633	1641		until 180 days after enactment of the repealing statute.
1634	1642		(c) Withdrawal shall not affect the continuing
1635	1643		requirement of the withdrawing state's licensing authority to
1636	1644		comply with the investigative and adverse action reporting
1637	1645		requirements of this compact prior to the effective date of
1638	1646		withdrawal.
1639	1647		(d) Upon the enactment of a statute withdrawing from
1640	1648		this compact, a state shall immediately provide notice of
1641	1649		withdrawal to all licensees within that state. Notwithstanding
1642	1650		any subsequent statutory enactment to the contrary, the
1643	1651		withdrawing state shall continue to recognize all licenses
1644	1652		granted pursuant to this compact for a minimum of six months
1645	1653		after the date of the notice of withdrawal.
1646	1654		(1) Nothing contained in this compact shall be
1647	1655		construed to invalidate or prevent any licensure agreement or
1648	1656		other cooperative arrangement between a member state and a
1649	1657		non-member state that does not conflict with the provisions of
1650	1658		this compact.
1651	1659		(2) This compact may be amended by the member states.
1652		-	No amendment to this compact shall become effective and
1653		-	binding upon any member state until it is enacted into the
1654		-	laws of all member states.
1655		-	§34-26-111. Construction and severability.
1656		-	(a) This compact and the commission's rulemaking
1657		-	authority shall be liberally construed so as to effectuate the
1658		-	purposes, implementation, and administration of this compact.
1659		-	Provisions of this compact expressly authorizing or requiring
1660		-	the adoption of rules shall not be construed to limit the
1661	1660		785
1662	1661		786
1663	1662		787
1664	1663		788
1665	1664		789
1666	1665		790
1667	1666		791
1668	1667		792
1669	1668		793
1670	1669		794
1671	1670		795
1672	1671		796
1673	1672		797
1674	1673		798
1675	1674		799
1676	1675		800
1677	1676		801
1678	1677		802
1679	1678		803
1680	1679		804
1681	1680		805
1682	1681		806
1683	1682		807
1684	1683		808
1685	1684		809
1686	1685		810
1687	1686		811
1688		-	812 SB61 ~~Engrossed~~
	1687	+	812 SB61 INTRODUCED
1689	1688		Page 30
	1689	+	(2) This compact may be amended by the member states.
	1690	+	No amendment to this compact shall become effective and
	1691	+	binding upon any member state until it is enacted into the
	1692	+	laws of all member states.
	1693	+	§34-26-111. Construction and severability.
	1694	+	(a) This compact and the commission's rulemaking
	1695	+	authority shall be liberally construed so as to effectuate the
	1696	+	purposes, implementation, and administration of this compact.
	1697	+	Provisions of this compact expressly authorizing or requiring
1690	1698		the adoption of rules shall not be construed to limit the
1691	1699		commission's rulemaking authority solely for those purposes.
1692	1700		(b) The provisions of this compact shall be severable
1693	1701		and if any phrase, clause, sentence, or provision of this
1694	1702		compact is held by a court of competent jurisdiction to be
1695	1703		contrary to the constitution of any member state, a state
1696	1704		seeking participation in this compact, or of the United
1697	1705		States, or the applicability thereof to any government,
1698	1706		agency, individual, or circumstance is held to be
1699	1707		unconstitutional by a court of competent jurisdiction, the
1700	1708		validity of the remainder of this compact and the
1701	1709		applicability thereof to any other government, agency,
1702	1710		individual, or circumstance shall not be affected thereby.
1703	1711		(c) Notwithstanding subsection (b), the commission may
1704	1712		deny a state's participation in this compact or, in accordance
1705	1713		with the requirements of Section 34-26-109(f), terminate a
1706	1714		member state's participation in this compact, if it determines
1707	1715		that a constitutional requirement of a member state is a
1708	1716		material departure from this compact. Otherwise, if this
1709	1717		compact shall be held to be contrary to the constitution of
1710		-	any member state, this compact shall remain in full force and
1711		-	effect as to the remaining member states and in full force and
1712		-	effect as to the member state affected as to all severable
1713		-	matters.
1714		-	§34-26-112. Consistent effect and conflict with other
1715		-	states.
1716		-	(a) Nothing herein shall prevent or inhibit the
1717		-	enforcement of any other law of a member state that is not
1718		-	inconsistent with this compact.
1719	1718		813
1720	1719		814
1721	1720		815
1722	1721		816
1723	1722		817
1724	1723		818
1725	1724		819
1726	1725		820
1727	1726		821
1728	1727		822
1729	1728		823
1730	1729		824
1731	1730		825
1732	1731		826
1733	1732		827
1734	1733		828
1735	1734		829
1736	1735		830
1737	1736		831
1738	1737		832
1739	1738		833
1740	1739		834
1741	1740		835
1742	1741		836
1743	1742		837
1744	1743		838
1745	1744		839
1746		-	840 SB61 ~~Engrossed~~
	1745	+	840 SB61 INTRODUCED
1747	1746		Page 31
	1747	+	compact shall be held to be contrary to the constitution of
	1748	+	any member state, this compact shall remain in full force and
	1749	+	effect as to the remaining member states and in full force and
	1750	+	effect as to the member state affected as to all severable
	1751	+	matters.
	1752	+	§34-26-112. Consistent effect and conflict with other
	1753	+	states.
	1754	+	(a) Nothing herein shall prevent or inhibit the
	1755	+	enforcement of any other law of a member state that is not
1748	1756		inconsistent with this compact.
1749	1757		(b) Any laws, statutes, rules, or other legal
1750	1758		requirements in a member state in conflict with this compact
1751	1759		are superseded to the extent of the conflict.
1752	1760		(c) All permissible agreements between the commission
1753	1761		and the member states are binding in accordance with their
1754	1762		terms.
1755		-	(d) Nothing in this compact shall be interpreted to
1756		-	modify, amend, repeal, or supersede any state criminal or
1757		-	civil liability laws.
1758		-	(e) In the event the commission adopts rules to
1759		-	coordinate the implementation or administration of this
1760		-	compact which conflict with Alabama law, Alabama law shall
1761		-	supersede those rules, and Alabama state courts shall retain
1762		-	sole jurisdiction to determine any conflicts.
1763		-	(f) Alabama state courts shall retain sole jurisdiction
1764		-	to determine whether provisions of this compact are in
1765		-	conflict with state laws or the Constitution of Alabama of
1766		-	2022.
1767		-	(g) Except as to judicial proceedings for the
1768		-	enforcement of this compact among member states, individuals
1769		-	may pursue judicial proceedings related to this compact in any
1770		-	Alabama state or federal court that would otherwise have
1771		-	competent jurisdiction.
1772	1763		Section 2. This act shall become effective on October
1773	1764		1, 2025.
1774	1765		841
1775	1766		842
1776	1767		843
1777	1768		844
1778	1769		845
1779	1770		846
1780	1771		847
1781	1772		848
1782	1773		849
1783	1774		850
1784	1775		851
1785	1776		852
1786	1777		853
1787	1778		854
1788	1779		855
1789	1780		856
1790	1781		857
1791		-	858
1792		-	859
1793		-	860
1794		-	861
1795		-	862
1796		-	863
1797		-	864
1798		-	865 SB61 Engrossed
1799		-	Page 32
1800		-	1, 2025.
1801		-	Senate
1802		-	Read for the first time and referred
1803		-	to the Senate committee on Veterans
1804		-	and Military Affairs
1805		-	................04-Feb-25
1806		-	Read for the second time and placed
1807		-	on the calendar:
1808		-	0 amendments
1809		-	................05-Feb-25
1810		-	Read for the third time and passed
1811		-	as amended
1812		-	Yeas 31
1813		-	Nays 0
1814		-	Abstains 0
1815		-	................11-Feb-25
1816		-	Patrick Harris,
1817		-	Secretary.
1818		-	866
1819		-	867
1820		-	868
1821		-	869
1822		-	870
1823		-	871
1824		-	872
1825		-	873
1826		-	874
1827		-	875
1828		-	876
1829		-	877
1830		-	878
1831		-	879
1832		-	880
1833		-	881
1834		-	882
1835		-	883
1836		-	884
1837		-	885
1838		-	886