Colorado 2023 Regular Session

Colorado House Bill HB1064 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0599.01 Jerry Barry x4341
18 HOUSE BILL 23-1064
2-BY REPRESENTATIVE(S) Lukens and Young, Bird, Boesenecker,
3-Brown, Daugherty, Dickson, Duran, English, Epps, Froelich, Hamrick,
4-Herod, Jodeh, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, Marshall,
5-Martinez, McCormick, McLachlan, Michaelson Jenet, Ricks, Sharbini,
6-Sirota, Snyder, Story, Titone, Valdez, Velasco, Willford, Woodrow,
7-McCluskie, Amabile, deGruy Kennedy, Ortiz;
8-also SENATOR(S) Marchman and Kolker, Bridges, Buckner, Coleman,
9-Cutter, Danielson, Exum, Fields, Ginal, Gonzales, Jaquez Lewis, Moreno,
10-Mullica, Priola, Roberts, Rodriguez, Winter F., Zenzinger, Fenberg.
9+House Committees Senate Committees
10+Education Education
11+A BILL FOR AN ACT
1112 C
12-ONCERNING THE ENACTMENT OF THE "INTERSTATE TEACHER MOBILITY
13-COMPACT".
14-Be it enacted by the General Assembly of the State of Colorado:
15-SECTION 1. In Colorado Revised Statutes, add part 44 to article
16-60 of title 24 as follows:
17-PART 44
18-INTERSTATE TEACHER MOBILITY COMPACT
13+ONCERNING THE ENACTMENT OF THE "INTERSTATE TEACHER101
14+M
15+OBILITY COMPACT".102
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+The bill enacts the "Interstate Teacher Mobility Compact"
24+(compact). The compact is designed to make it easier for teachers,
25+especially active military members and eligible military spouses, from one
26+member state to receive a teacher's license from another member state.
27+SENATE
28+3rd Reading Unamended
29+March 2, 2023
30+SENATE
31+Amended 2nd Reading
32+March 1, 2023
33+HOUSE
34+3rd Reading Unamended
35+February 9, 2023
36+HOUSE
37+2nd Reading Unamended
38+February 8, 2023
39+HOUSE SPONSORSHIP
40+Lukens and Young, Bird, Boesenecker, Brown, Daugherty, Dickson, Duran, English,
41+Epps, Froelich, Hamrick, Herod, Jodeh, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, Marshall,
42+Martinez, McCluskie, McCormick, McLachlan, Michaelson Jenet, Ricks, Sharbini, Sirota,
43+Snyder, Story, Titone, Valdez, Velasco, Willford, Woodrow
44+SENATE SPONSORSHIP
45+Marchman and Kolker, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg,
46+Fields, Ginal, Gonzales, Jaquez Lewis, Moreno, Mullica, Priola, Roberts, Rodriguez, Winter
47+F., Zenzinger
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
51+SECTION 1. In Colorado Revised Statutes, add part 44 to article2
52+60 of title 24 as follows:3
53+PART 444
54+INTERSTATE TEACHER MOBILITY COMPACT5
1955 24-60-4401. Short title. T
20-HE SHORT TITLE OF THIS PART 44 IS THE
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. "INTERSTATE TEACHER MOBILITY COMPACT".
56+HE SHORT TITLE OF THIS PART 44 IS THE6
57+"I
58+NTERSTATE TEACHER MOBILITY COMPACT".7
2959 24-60-4402. Compact approved and ratified. T
30-HE GENERAL
31-ASSEMBLY APPROVES AND RATIFIES
32-, AND THE GOVERNOR SHALL ENTER INTO,
33-A COMPACT ON BEHALF OF THE STATE OF COLORADO WITH ANY OF THE
34-UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THEREIN IN THE
35-FORM SUBSTANTIALLY AS FOLLOWS
36-:
37-ARTICLE I- PURPOSE
60+HE GENERAL8
61+ASSEMBLY APPROVES AND RATIFIES , AND THE GOVERNOR SHALL ENTER9
62+INTO, A COMPACT ON BEHALF OF THE STATE OF COLORADO WITH ANY OF10
63+THE UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THEREIN11
64+IN THE FORM SUBSTANTIALLY AS FOLLOWS :12
65+ARTICLE I- PURPOSE13
3866 T
39-HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE MOBILITY OF
40-TEACHERS ACROSS THE MEMBER STATES, WITH THE GOAL OF SUPPORTING
41-TEACHERS THROUGH A NEW PATHWAY TO LICENSURE . THROUGH THIS
42-COMPACT, THE MEMBER STATES SEEK TO ESTABLISH A COLLECTIVE
43-REGULATORY FRAMEWORK THAT EXPEDITES AND ENHANCES THE ABILITY OF
44-TEACHERS TO MOVE ACROSS STATE LINES. THIS COMPACT IS INTENDED TO
45-ACHIEVE THE FOLLOWING OBJECTIVES AND SHOULD BE INTERPRETED
46-ACCORDINGLY
47-. THE MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS
48-BY SUBSCRIBING HERETO
49-.
67+HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE MOBILITY OF14
68+T
69+EACHERS ACROSS THE MEMBER STATES, WITH THE GOAL OF SUPPORTING15
70+T
71+EACHERS THROUGH A NEW PATHWAY TO LICENSURE . THROUGH THIS16
72+C
73+OMPACT, THE MEMBER STATES SEEK TO ESTABLISH A COLLECTIVE17
74+REGULATORY FRAMEWORK THAT EXPEDITES AND ENHANCES THE ABILITY18
75+OF TEACHERS TO MOVE ACROSS STATE LINES. THIS COMPACT IS INTENDED19
76+TO ACHIEVE THE FOLLOWING OBJECTIVES AND S HOULD BE INTERPRETED20
77+ACCORDINGLY. THE MEMBER STATES HEREBY RATIFY THE SAME21
78+INTENTIONS BY SUBSCRIBING HERETO .22
5079 A. C
51-REATE A STREAMLINED PATHWAY TO LICENSURE MOBILITY FOR
52-TEACHERS;
80+REATE A STREAMLINED PATHWAY TO LICENSURE MOBILITY23
81+FOR TEACHERS;24
5382 B. S
54-UPPORT THE RELOCATION OF ELIGIBLE MILITARY SPOUSES;
83+UPPORT THE RELOCATION OF ELIGIBLE MILITARY SPOUSES;25
5584 C. F
56-ACILITATE AND ENHANCE THE EXCHANGE OF LICENSURE ,
57-INVESTIGATIVE, AND DISCIPLINARY INFORMATION BETWEEN THE MEMBER
58-STATES;
85+ACILITATE AND ENHANCE THE EXCHANGE OF LICENSURE ,26
86+INVESTIGATIVE, AND DISCIPLINARY INFORMATION BETWEEN THE MEMBER27
87+1064
88+-2- STATES;1
5989 D. E
60-NHANCE THE POWER OF STATE AND DISTRICT LEVEL EDUCATION
61-OFFICIALS TO HIRE QUALIFIED
62-, COMPETENT TEACHERS BY REMOVING
63-BARRIERS TO THE EMPLOYMENT OF OUT
64--OF-STATE TEACHERS;
90+NHANCE THE POWER OF STATE AND DISTRICT LEVEL2
91+EDUCATION OFFICIALS TO HIRE QUALIFIED , COMPETENT TEACHERS BY3
92+REMOVING BARRIERS TO THE EMPLOYMENT OF OUT -OF-STATE TEACHERS;4
6593 E. S
66-UPPORT THE RETENTION OF TEACHERS IN THE PROFESSION BY
67-REMOVING BARRIERS TO RELICENSURE IN A NEW
68-STATE; AND
69-F. MAINTAIN STATE SOVEREIGNTY IN THE REGULATION OF THE
70-TEACHING PROFESSION
71-.
72-ARTICLE II- DEFINITIONS
73-PAGE 2-HOUSE BILL 23-1064 AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED ,
74-THE FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN :
94+UPPORT THE RETENTION OF TEACHERS IN THE PROFESSION BY5
95+REMOVING BARRIERS TO RELICENSURE IN A NEW STATE; AND6
96+F. M
97+AINTAIN STATE SOVEREIGNTY IN THE REGULATION OF THE7
98+TEACHING PROFESSION.8
99+ARTICLE II- DEFINITIONS9
100+A
101+S USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED,10
102+THE FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN :11
75103 A. "A
76-CTIVE MILITARY MEMBER" - MEANS ANY PERSON WITH
77-FULL
78--TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES,
79-INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE.
104+CTIVE MILITARY MEMBER" - MEANS ANY PERSON WITH12
105+FULL-TIME DUTY STATUS IN THE ARMED FORCES
106+ OF THE UNITED STATES,13
107+INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE.14
80108 B. "A
81-DVERSE ACTION" - MEANS ANY LIMITATION OR RESTRICTION
82-IMPOSED BY A
83-MEMBER STATE'S LICENSING AUTHORITY, SUCH AS
84-REVOCATION
85-, SUSPENSION, REPRIMAND, PROBATION, OR LIMITATION ON THE
86-LICENSEE
87-'S ABILITY TO WORK AS A TEACHER.
109+DVERSE ACTION" - MEANS ANY LIMITATION OR RESTRICTION15
110+IMPOSED BY A MEMBER STATE'S LICENSING AUTHORITY, SUCH AS16
111+REVOCATION, SUSPENSION, REPRIMAND, PROBATION, OR LIMITATION ON17
112+THE LICENSEE'S ABILITY TO WORK AS A TEACHER.18
88113 C. "B
89-YLAWS" - MEANS THOSE BYLAWS ESTABLISHED BY THE
90-COMMISSION.
114+YLAWS" - MEANS THOSE BYLAWS ESTABLISHED BY THE19
115+C
116+OMMISSION.20
91117 D. "C
92-AREER AND TECHNICAL EDUCATION LICENSE" - MEANS A
93-CURRENT
94-, VALID AUTHORIZATION ISSUED BY A MEMBER STATE'S LICENSING
95-AUTHORITY ALLOWING AN INDIVIDUAL TO SERVE AS A TEACHER IN P-12
96-PUBLIC EDUCATIONAL SETTINGS IN A SPECIFIC CAREER AND TECHNICAL
97-EDUCATION AREA
98-.
118+AREER AND TECHNICAL EDUCATION LICENSE" - MEANS A21
119+CURRENT, VALID AUTHORIZATION ISSUED BY A MEMBER STATE'S22
120+L
121+ICENSING AUTHORITY ALLOWING AN INDIVIDUAL TO SERVE AS A23
122+T
123+EACHER IN P-12 PUBLIC EDUCATIONAL SETTINGS IN A SPECIFIC CAREER24
124+AND TECHNICAL EDUCATION AREA .25
99125 E. "C
100-HARTER MEMBER STATES" - MEANS A MEMBER STATE THAT
101-HAS ENACTED LEGISLATION TO ADOPT THIS
102-COMPACT WHERE SUCH
103-LEGISLATION PREDATES THE INITIAL MEETING OF THE
104-COMMISSION AFTER
105-THE EFFECTIVE DATE OF THE
106-COMPACT.
126+HARTER MEMBER STATES" - MEANS A MEMBER STATE THAT26
127+HAS ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH27
128+1064
129+-3- LEGISLATION PREDATES THE INITIAL MEETING OF THE COMMISSION AFTER1
130+THE EFFECTIVE DATE OF THE COMPACT.2
107131 F. "C
108-OMMISSION" - MEANS THE INTERSTATE ADMINISTRATIVE BODY
109-WHICH MEMBERSHIP CONSISTS OF DELEGATES OF ALL
110-STATES THAT HAVE
111-ENACTED THIS
112-COMPACT, AND WHICH IS KNOWN AS THE INTERSTATE
113-TEACHER MOBILITY COMPACT COMMISSION.
132+OMMISSION" - MEANS THE INTERSTATE ADMINISTRATIVE3
133+BODY WHICH MEMBERSHIP CONSISTS OF DELEGATES OF ALL STATES THAT4
134+HAVE ENACTED THIS COMPACT, AND WHICH IS KNOWN AS THE INTERSTATE5
135+T
136+EACHER MOBILITY COMPACT COMMISSION.6
114137 G. "C
115-OMMISSIONER" - MEANS THE DELEGATE OF A MEMBER STATE.
138+OMMISSIONER" - MEANS THE DELEGATE OF A MEMBER7
139+S
140+TATE.8
116141 H. "E
117-LIGIBLE LICENSE" - MEANS A LICENSE TO ENGAGE IN THE
118-TEACHING PROFESSION WHICH REQUIRES AT LEAST A BACHELOR
119-'S DEGREE
120-AND THE COMPLETION OF A STATE APPROVED PROGRAM FOR
121-TEACHER
122-LICENSURE
123-.
142+LIGIBLE LICENSE" - MEANS A LICENSE TO ENGAGE IN THE9
143+TEACHING PROFESSION WHICH REQUIRES AT LEAST A BACHELOR 'S DEGREE10
144+AND THE COMPLETION OF A STATE APPROVED PROGRAM FOR TEACHER11
145+LICENSURE.12
124146 I. "E
125-LIGIBLE MILITARY SPOUSE" - MEANS THE SPOUSE OF ANY
126-INDIVIDUAL IN FULL
127--TIME DUTY STATUS IN THE ACTIVE ARMED FORCES OF
128-PAGE 3-HOUSE BILL 23-1064 THE UNITED STATES INCLUDING MEMBERS OF THE NATIONAL GUARD AND
129-RESERVE MOVING AS A RESULT OF A MILITARY MISSION OR MILITARY CAREER
130-PROGRESSION REQUIREMENTS OR ARE ON THEIR TERMINAL MOVE AS A
131-RESULT OF SEPARATION OR RETIREMENT
132-(TO INCLUDE SURVIVING SPOUSES
133-OF DECEASED MILITARY MEMBERS
134-).
147+LIGIBLE MILITARY SPOUSE" - MEANS THE SPOUSE OF ANY13
148+INDIVIDUAL IN FULL-TIME DUTY STATUS IN THE ACTIVE ARMED FORCES
149+ OF14
150+THE UNITED STATES INCLUDING MEMBERS OF THE NATIONAL GUARD AND15
151+R
152+ESERVE
153+ MOVING AS A RESULT OF A MILITARY MISSION OR MILITARY16
154+CAREER PROGRESSION REQUIREMENTS OR ARE ON THEIR TERMINAL MOVE17
155+AS A RESULT OF SEPARATION OR RETIREMENT (TO INCLUDE SURVIVING18
156+SPOUSES OF DECEASED MILITARY MEMBERS ).19
135157 J. "E
136-XECUTIVE COMMITTEE" - MEANS A GROUP OF COMMISSIONERS
137-ELECTED OR APPOINTED TO ACT ON BEHALF OF
138-, AND WITHIN THE POWERS
139-GRANTED TO THEM BY
140-, THE COMMISSION AS PROVIDED FOR HEREIN .
158+XECUTIVE COMMITTEE" - MEANS A GROUP OF COMMISSIONERS20
159+ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWERS21
160+GRANTED TO THEM BY, THE COMMISSION AS PROVIDED FOR HEREIN .22
141161 K. "L
142-ICENSING AUTHORITY" - MEANS AN OFFICIAL, AGENCY, BOARD,
143-OR OTHER ENTITY OF A STATE THAT IS RESPONSIBLE FOR THE LICENSING AND
144-REGULATION OF
145-TEACHERS AUTHORIZED TO TEACH IN P-12 PUBLIC
146-EDUCATIONAL SETTINGS
147-.
162+ICENSING AUTHORITY" - MEANS AN OFFICIAL, AGENCY,23
163+BOARD, OR OTHER ENTITY OF A STATE THAT IS RESPONSIBLE FOR THE24
164+LICENSING AND REGULATION OF TEACHERS AUTHORIZED TO TEACH IN P-1225
165+PUBLIC EDUCATIONAL SETTINGS.26
148166 L. "M
149-EMBER STATE" - MEANS ANY STATE THAT HAS ADOPTED THIS
150-COMPACT, INCLUDING ALL AGENCIES AND OFFICIALS OF SUCH A STATE.
167+EMBER STATE" - MEANS ANY STATE THAT HAS ADOPTED THIS27
168+1064
169+-4- COMPACT, INCLUDING ALL AGENCIES AND OFFICIALS OF SUCH A STATE.1
151170 M. "R
152-ECEIVING STATE" - MEANS ANY STATE WHERE A TEACHER HAS
153-APPLIED FOR LICENSURE UNDER THIS
154-COMPACT.
171+ECEIVING STATE" - MEANS ANY STATE WHERE A TEACHER2
172+HAS APPLIED FOR LICENSURE UNDER THIS COMPACT.3
155173 N. "R
156-ULE" - MEANS ANY REGULATION PROMULGATED BY THE
157-COMMISSION UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF LAW
158-IN EACH
159-MEMBER STATE.
174+ULE" - MEANS ANY REGULATION PROMULGATED BY THE4
175+C
176+OMMISSION UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF5
177+LAW IN EACH MEMBER STATE.6
160178 O. "S
161-TATE" - MEANS A STATE, TERRITORY, OR POSSESSION OF THE
162-UNITED STATES, AND THE DISTRICT OF COLUMBIA.
179+TATE" - MEANS A STATE, TERRITORY, OR POSSESSION OF THE7
180+U
181+NITED STATES, AND THE DISTRICT OF COLUMBIA.8
163182 P. "S
164-TATE PRACTICE LAWS" - MEANS A MEMBER STATE'S LAWS,
183+TATE PRACTICE LAWS" - MEANS A MEMBER STATE'S LAWS,9
165184 R
166-ULES, AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION ,
167-DEFINE THE SCOPE OF SUCH PROFESSION , AND CREATE THE METHODS AND
168-GROUNDS FOR IMPOSING DISCIPLINE
169-.
185+ULES, AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION ,10
186+DEFINE THE SCOPE OF SUCH PROFESSION, AND CREATE THE METHODS AND11
187+GROUNDS FOR IMPOSING DISCIPLINE.12
170188 Q. "S
171-TATE SPECIFIC REQUIREMENTS" - MEANS A REQUIREMENT FOR
172-LICENSURE COVERED IN COURSEWORK OR EXAMINATION THAT INCLUDES
173-CONTENT OF UNIQUE INTEREST TO THE
174-STATE.
189+TATE SPECIFIC REQUIREMENTS" - MEANS A REQUIREMENT13
190+FOR LICENSURE COVERED IN COURSEWORK OR EXAMINATION THAT14
191+INCLUDES CONTENT OF UNIQUE INTEREST TO THE STATE.15
175192 R. "T
176-EACHER" - MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN
177-AUTHORIZATION FROM A
178-MEMBER STATE THAT FORMS THE BASIS FOR
179-EMPLOYMENT IN THE
180-P-12 PUBLIC SCHOOLS OF THE STATE TO PROVIDE
181-PAGE 4-HOUSE BILL 23-1064 INSTRUCTION IN A SPECIFIC SUBJECT AREA , GRADE LEVEL, OR STUDENT
182-POPULATION
183-.
193+EACHER" - MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS16
194+AN AUTHORIZATION FROM A MEMBER STATE THAT FORMS THE BASIS FOR17
195+EMPLOYMENT IN THE P-12 PUBLIC SCHOOLS OF THE STATE TO PROVIDE18
196+INSTRUCTION IN A SPECIFIC SUBJECT AREA, GRADE LEVEL, OR STUDENT19
197+POPULATION.20
184198 S. "U
185-NENCUMBERED LICENSE" - MEANS A CURRENT , VALID
186-AUTHORIZATION ISSUED BY A
187-MEMBER STATE'S LICENSING AUTHORITY
188-ALLOWING AN INDIVIDUAL TO SERVE AS A
189-TEACHER IN P-12 PUBLIC
190-EDUCATIONAL SETTINGS
191-. AN UNENCUMBERED LICENSE IS NOT A
192-RESTRICTED
193-, PROBATIONARY, PROVISIONAL, SUBSTITUTE, OR TEMPORARY
194-CREDENTIAL
195-.
196-ARTICLE III- LICENSURE UNDER THE COMPACT
197-A. L
198-ICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE INITIAL
199-GRANT OF A LICENSE BY THE
200-RECEIVING STATE. NOTHING HEREIN APPLIES
201-TO ANY SUBSEQUENT OR ONGOING COMPLIANCE REQUIREMENTS THAT A
202-RECEIVING STATE MIGHT REQUIRE FOR TEACHERS.
199+NENCUMBERED LICENSE" - MEANS A CURRENT , VALID21
200+AUTHORIZATION ISSUED BY A MEMBER STATE'S LICENSING AUTHORITY22
201+ALLOWING AN INDIVIDUAL TO SERVE AS A TEACHER IN P-12 PUBLIC23
202+EDUCATIONAL SETTINGS . AN UNENCUMBERED LICENSE IS NOT A24
203+RESTRICTED, PROBATIONARY, PROVISIONAL, SUBSTITUTE, OR TEMPORARY25
204+CREDENTIAL.26
205+ARTICLE III- LICENSURE UNDER THE COMPACT27
206+1064
207+-5- A. LICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE1
208+INITIAL GRANT OF A LICENSE BY THE RECEIVING STATE. NOTHING HEREIN2
209+APPLIES TO ANY SUBSEQUENT OR ONGOING COMPLIANCE REQUIREMENTS3
210+THAT A RECEIVING STATE MIGHT REQUIRE FOR TEACHERS.4
203211 B. E
204-ACH MEMBER STATE SHALL, IN ACCORDANCE WITH THE RULES
205-OF THE
206-COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESSARY, A LIST
207-OF
208-ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION LICENSES
209-THAT THE
210-MEMBER STATE IS WILLING TO CONSIDER FOR EQUIVALENCY
211-UNDER THIS
212-COMPACT AND PROVIDE THE LIST TO THE COMMISSION. THE LIST
213-SHALL INCLUDE THOSE LICENSES THAT A
214-RECEIVING STATE IS WILLING TO
215-GRANT TO
216-TEACHERS FROM OTHER MEMBER STATES, PENDING A
217-DETERMINATION OF EQUIVALENCY BY THE
218-RECEIVING STATE'S LICENSING
219-AUTHORITY.
212+ACH MEMBER STATE SHALL, IN ACCORDANCE WITH THE RULES5
213+OF THE COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESSARY , A6
214+LIST OF ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION7
215+L
216+ICENSES THAT THE MEMBER STATE IS WILLING TO CONSIDER FOR8
217+EQUIVALENCY UNDER THIS COMPACT AND PROVIDE THE LIST TO THE9
218+C
219+OMMISSION. THE LIST SHALL INCLUDE THOSE LICENSES THAT A10
220+R
221+ECEIVING STATE IS WILLING TO GRANT TO TEACHERS FROM OTHER11
222+M
223+EMBER STATES, PENDING A DETERMINATION OF EQUIVALENCY BY THE12
224+R
225+ECEIVING STATE'S LICENSING AUTHORITY.13
220226 C. U
221-PON THE RECEIPT OF AN APPLICATION FOR LICENSURE BY A
222-TEACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE RECEIVING
223-STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE'S ELIGIBLE
224-LICENSES THE TEACHER IS QUALIFIED TO HOLD AND SHALL GRANT SUCH A
225-LICENSE OR LICENSES TO THE APPLICANT
226-. SUCH A DETERMINATION SHALL BE
227-MADE IN THE SOLE DISCRETION OF THE
228-RECEIVING STATE'S LICENSING
229-AUTHORITY AND MAY INCLUDE A DETERMI NATION THAT THE APPLICANT IS
230-NOT ELIGIBLE FOR ANY OF THE
231-RECEIVING STATE'S ELIGIBLE LICENSES. FOR
232-ALL
233-TEACHERS WHO HOLD AN UNENCUMBERED LICENSE, THE RECEIVING
234-STATE SHALL GRANT ONE OR MORE UNENCUMBERED LICENSE(S) THAT, IN
235-THE
236-RECEIVING STATE'S SOLE DISCRETION, ARE EQUIVALENT TO THE
237-LICENSE
238-(S) HELD BY THE TEACHER IN ANY OTHER MEMBER STATE.
239-PAGE 5-HOUSE BILL 23-1064 D. FOR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY
240-SPOUSES WHO HOLD A LICENSE THAT IS NOT UNENCUMBERED, THE
241-RECEIVING STATE SHALL GRANT AN EQUIVALENT LICENSE OR LICENSES
242-THAT
243-, IN THE RECEIVING STATE'S SOLE DISCRETION, IS EQUIVALENT TO THE
244-LICENSE OR LICENSES HELD BY THE
245-TEACHER IN ANY OTHER MEMBER STATE,
246-EXCEPT WHERE THE RECEIVING STATE DOES NOT HAVE AN EQUIVALENT
247-LICENSE
248-.
227+PON THE RECEIPT OF AN APPLICATION FOR LICENSURE BY A14
228+T
229+EACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE15
230+R
231+ECEIVING STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE'S16
232+E
233+LIGIBLE LICENSES THE TEACHER IS QUALIFIED TO HOLD AND SHALL17
234+GRANT SUCH A LICENSE OR LICENSES TO THE APPLICANT . SUCH A18
235+DETERMINATION SHALL BE MADE IN THE SOLE DISCRETION OF THE19
236+R
237+ECEIVING STATE'S LICENSING AUTHORITY AND MAY INCLUDE A20
238+DETERMINATION THAT THE APPLICANT IS NOT ELIGIBLE FOR ANY OF THE21
239+R
240+ECEIVING STATE'S ELIGIBLE LICENSES. FOR ALL TEACHERS WHO HOLD22
241+AN UNENCUMBERED LICENSE, THE RECEIVING STATE SHALL GRANT ONE23
242+OR MORE UNENCUMBERED LICENSE(S) THAT, IN THE RECEIVING STATE'S24
243+SOLE DISCRETION, ARE EQUIVALENT TO THE LICENSE (S) HELD BY THE25
244+T
245+EACHER IN ANY OTHER MEMBER STATE.26
246+D. F
247+OR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY27
248+1064
249+-6- SPOUSES WHO HOLD A LICENSE THAT IS NOT UNENCUMBERED, THE1
250+R
251+ECEIVING STATE SHALL GRANT AN EQUIVALENT LICENSE OR LICENSES2
252+THAT, IN THE RECEIVING STATE'S SOLE DISCRETION, IS EQUIVALENT TO3
253+THE LICENSE OR LICENSES HELD BY THE TEACHER IN ANY OTHER MEMBER4
254+S
255+TATE, EXCEPT WHERE THE RECEIVING STATE DOES NOT HAVE AN5
256+EQUIVALENT LICENSE.6
249257 E. F
250-OR A TEACHER HOLDING AN UNENCUMBERED CAREER AND
251-TECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN
252-UNENCUMBERED LICENSE EQUIVALENT TO THE CAREER AND TECHNICAL
253-EDUCATION LICENSE HELD BY THE APPLYING TEACHER AND ISSUED BY
254-ANOTHER
255-MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN ITS
256-SOLE DISCRETION
257-, EXCEPT WHERE A CAREER AND TECHNICAL EDUCATION
258-TEACHER DOES NOT HOLD A BACHELOR 'S DEGREE AND THE RECEIVING
259-STATE REQUIRES A BACHELOR'S DEGREE FOR LICENSES TO TEACH CAREER
260-AND
261-TECHNICAL EDUCATION. A RECEIVING STATE MAY REQUIRE CAREER
262-AND
263-TECHNICAL EDUCATION TEACHERS TO MEET STATE INDUSTRY
264-RECOGNIZED REQUIREMENTS
265-, IF REQUIRED BY LAW IN THE RECEIVING STATE.
266-ARTICLE IV- LICENSURE NOT UNDER THE COMPACT
258+OR A TEACHER HOLDING AN UNENCUMBERED CAREER AND7
259+T
260+ECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN8
261+U
262+NENCUMBERED LICENSE EQUIVALENT TO THE CAREER AND TECHNICAL9
263+E
264+DUCATION LICENSE HELD BY THE APPLYING TEACHER AND ISSUED BY10
265+ANOTHER MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN11
266+ITS SOLE DISCRETION, EXCEPT WHERE A CAREER AND TECHNICAL12
267+E
268+DUCATION TEACHER DOES NOT HOLD A BACHELOR 'S DEGREE AND THE13
269+R
270+ECEIVING STATE REQUIRES A BACHELOR 'S DEGREE FOR LICENSES TO14
271+TEACH CAREER AND TECHNICAL EDUCATION. A RECEIVING STATE MAY15
272+REQUIRE CAREER AND TECHNICAL EDUCATION TEACHERS TO MEET STATE16
273+INDUSTRY RECOGNIZED REQUIREMENTS , IF REQUIRED BY LAW IN THE17
274+R
275+ECEIVING STATE.18
276+ARTICLE IV- LICENSURE NOT UNDER THE COMPACT19
267277 A. E
268-XCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS
269-COMPACT SHALL BE CONSTRUED TO LIMIT OR INHIBIT THE POWER OF A
270-MEMBER STATE TO REGULATE LICENSURE OR ENDORSEMENTS OVERSEEN BY
271-THE
272-MEMBER STATE'S LICENSING AUTHORITY.
278+XCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS20
279+C
280+OMPACT SHALL BE CONSTRUED TO LIMIT OR INHIBIT THE POWER OF A21
281+M
282+EMBER STATE TO REGULATE LICENSURE OR ENDORSEMENTS OVERSEEN22
283+BY THE MEMBER STATE'S LICENSING AUTHORITY.23
273284 B. W
274-HEN A TEACHER IS REQUIRED TO RENEW A LICENSE RECEIVED
275-PURSUANT TO THIS
276-COMPACT, THE STATE GRANTING SUCH A LICENSE MAY
277-REQUIRE THE
278-TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS A
279-CONDITION OF LICENSURE RENEWAL OR ADVANCEMENT IN THAT
280-STATE.
281-C. F
282-OR THE PURPOSES OF DETERMINING COMPENSATION , A
283-RECEIVING STATE MAY REQUIRE ADDITIONAL INFORMATION FROM
284-TEACHERS RECEIVING A LICENSE UNDER THE PROVISIONS OF THIS COMPACT.
285+HEN A TEACHER IS REQUIRED TO RENEW A LICENSE RECEIVED24
286+PURSUANT TO THIS COMPACT, THE STATE GRANTING SUCH A LICENSE MAY25
287+REQUIRE THE TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS26
288+A CONDITION OF LICENSURE RENEWAL OR ADVANCEMENT IN THAT STATE.27
289+1064
290+-7- C. FOR THE PURPOSES OF DETERMINING COMPENSATION , A1
291+R
292+ECEIVING STATE MAY REQUIRE ADDITIONAL INFORMATION FROM2
293+T
294+EACHERS RECEIVING A LICENSE UNDER THE PROVISIONS OF THIS3
295+C
296+OMPACT.4
285297 D. N
286-OTHING IN THIS COMPACT SHALL BE CONSTRUED TO LIMIT THE
287-POWER OF A
288-MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP OF ITS
289-INFORMATION PERTAINING TO
290-TEACHERS, OR LIMIT THE APPLICATION OF A
291-MEMBER STATE'S LAWS OR REGULATIONS GOVERNING THE OWNERSHIP , USE,
292-PAGE 6-HOUSE BILL 23-1064 OR DISSEMINATION OF INFORMATION PERTAINING TO TEACHERS.
298+OTHING IN THIS COMPACT SHALL BE CONSTRUED TO LIMIT THE5
299+POWER OF A MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP OF6
300+ITS INFORMATION PERTAINING TO TEACHERS, OR LIMIT THE APPLICATION7
301+OF A MEMBER STATE'S LAWS OR REGULATIONS GOVERNING THE8
302+OWNERSHIP, USE, OR DISSEMINATION OF INFORMATION PERTAINING TO9
303+T
304+EACHERS.10
293305 E. N
294-OTHING IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
295-OR ALTER ANY EXISTING AGREEMENT OR OTHER COOPERATIVE
296-ARRANGEMENT WHICH A
297-MEMBER STATE MAY ALREADY BE A PARTY TO, OR
298-LIMIT THE ABILITY OF A
299-MEMBER STATE TO PARTICIPATE IN ANY FUTURE
300-AGREEMENT OR OTHER COOPERATIVE ARRANGEMENT TO
301-:
306+OTHING IN THIS COMPACT SHALL BE CONSTRUED TO11
307+INVALIDATE OR ALTER ANY EXISTING AGREEMENT OR OTHER COOPERATIVE12
308+ARRANGEMENT WHICH A MEMBER STATE MAY ALREADY BE A PARTY TO ,13
309+OR LIMIT THE ABILITY OF A MEMBER STATE TO PARTICIPATE IN ANY14
310+FUTURE AGREEMENT OR OTHER COOPERATIVE ARRANGEMENT TO :15
302311 1. A
303-WARD TEACHING LICENSES OR OTHER BENEFITS BASED ON
304-ADDITIONAL PROFESSIONAL CREDENTIALS
305-, INCLUDING, BUT NOT LIMITED TO,
312+WARD TEACHING LICENSES OR OTHER BENEFITS BASED ON16
313+ADDITIONAL PROFESSIONAL CREDENTIALS , INCLUDING, BUT NOT LIMITED17
314+TO, NATIONAL BOARD CERTIFICATION;18
315+2. P
316+ARTICIPATE IN THE EXCHANGE OF NAMES OF TEACHERS WHOSE19
317+LICENSE HAS BEEN SUBJECT TO AN ADVERSE ACTION BY A MEMBER20
318+S
319+TATE; OR21
320+3. P
321+ARTICIPATE IN ANY AGREEMENT OR COOPERATIVE22
322+ARRANGEMENT WITH A NON -MEMBER STATE.23
323+ARTICLE V- TEACHER QUALIFICATIONS AND24
324+REQUIREMENTS FOR LICENSURE UNDER THE COMPACT25
325+A. E
326+XCEPT AS PROVIDED FOR ACTIVE MILITARY MEMBERS OR26
327+E
328+LIGIBLE MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY27
329+1064
330+-8- ONLY BE ELIGIBLE TO RECEIVE A LICENSE UNDER THIS COMPACT WHERE1
331+THAT TEACHER HOLDS AN UNENCUMBERED LICENSE IN A MEMBER STATE.2
332+B. A
333+ TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS3
334+C
335+OMPACT SHALL, UNLESS OTHERWISE PROVIDED FOR HEREIN :4
336+1. U
337+PON THEIR APPLICATION TO RECEIVE A LICENSE UNDER THIS5
338+C
339+OMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE RECEIVING6
340+S
341+TATE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE7
342+R
343+ECEIVING STATE; AND8
344+2. P
345+ROVIDE THE RECEIVING STATE WITH INFORMATION IN9
346+ADDITION TO THE INFORMATION REQUIRED FOR LICENSURE FOR THE10
347+PURPOSES OF DETERMINING COMPENSATION , IF APPLICABLE.11
348+ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS12
349+A. N
350+OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED13
351+TO LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR14
352+IMPOSE DISCIPLINARY MEASURES ON TEACHERS ACCORDING TO THE STATE15
353+P
354+RACTICE LAWS THEREOF.16
355+B. M
356+EMBER STATES SHALL BE AUTHORIZED TO RECEIVE , AND17
357+SHALL PROVIDE, FILES AND INFORMATION REGARDING THE INVESTIGATION18
358+AND DISCIPLINE, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON19
359+REQUEST. ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES20
360+SHALL PROTECT AND MAINTAIN THE SECURITY AND CONFIDENTIALITY21
361+THEREOF, IN AT LEAST THE SAME MANNER THAT IT MAINTAINS ITS OWN22
362+INVESTIGATORY OR DISCIPLINARY FILES AND INFORMATION . PRIOR TO23
363+DISCLOSING ANY DISCIPLINARY OR INVESTIGATORY INFORMATION24
364+RECEIVED FROM ANOTHER MEMBER STATE, THE DISCLOSING STATE SHALL25
365+COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH DISCLOSURE TO THE26
366+M
367+EMBER STATE WHICH ORIGINALLY PROVIDED THAT INFORMATION .27
368+1064
369+-9- ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE1
370+TEACHER MOBILITY COMPACT COMMISSION2
371+A. T
372+HE INTERSTATE COMPACT MEMBER STATES HEREBY CREATE3
373+AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE INTERSTATE4
374+T
375+EACHER MOBILITY COMPACT COMMISSION:5
376+1. T
377+HE COMMISSION IS A JOINT INTERSTATE GOVERNMENTAL6
378+AGENCY COMPRISED OF STATES THAT HAVE ENACTED THE INTERSTATE7
379+T
380+EACHER MOBILITY COMPACT.8
381+2. N
382+OTHING IN THIS INTERSTATE COMPACT SHALL BE CONSTRUED9
383+TO BE A WAIVER OF SOVEREIGN IMMUNITY .10
384+B. Membership, Voting, and Meetings11
385+1. E
386+ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1)12
387+DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE TITLE OF13
388+C
389+OMMISSIONER.14
390+2. T
391+HE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE15
392+OFFICER OF THE STATE LICENSING AUTHORITY OR THEIR DESIGNEE.16
393+3. A
394+NY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM17
395+OFFICE AS PROVIDED BY THE LAW OF THE STATE FROM WHICH THE18
396+C
397+OMMISSIONER IS APPOINTED.19
398+4. T
399+HE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN20
400+THE COMMISSION WITHIN NINETY (90) DAYS.21
401+5. E
402+ACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE22
403+ABOUT THE PROMULGATION OF RULES AND CREATION OF BYLAWS AND23
404+SHALL OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE24
405+BUSINESS AND AFFAIRS OF THE COMMISSION. A COMMISSIONER SHALL25
406+VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS.26
407+T
408+HE BYLAWS MAY PROVIDE FOR COMMISSIONERS' PARTICIPATION IN27
409+1064
410+-10- MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION .1
411+6. T
412+HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH2
413+CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN3
414+THE BYLAWS.4
415+7. T
416+HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE5
417+FOR COMMISSIONERS.6
418+C. T
419+HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND7
420+DUTIES:8
421+1. E
422+STABLISH A CODE OF ETHICS FOR THE COMMISSION.9
423+2. E
424+STABLISH THE FISCAL YEAR OF THE COMMISSION.10
425+3. E
426+STABLISH BYLAWS FOR THE COMMISSION.11
427+4. M
428+AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE12
429+B
430+YLAWS OF THE COMMISSION.13
431+5. M
432+EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE14
433+PROVISIONS OF THIS INTERSTATE COMPACT , THE BYLAWS, AND RULES OF15
434+THE COMMISSION.16
435+6. P
436+ROMULGATE UNIFORM RULES TO IMPLEMENT AND ADMINISTER17
437+THIS INTERSTATE COMPACT. THE RULES SHALL HAVE THE FORCE AND18
438+EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES. IN THE19
439+EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A20
440+MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THE COMPACT,21
441+OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE22
442+C
443+OMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT OF LAW .23
444+7. B
445+RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE24
446+NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY25
447+M
448+EMBER STATE LICENSING AUTHORITY TO SUE OR BE SUED UNDER26
449+APPLICABLE LAW SHALL NOT BE AFFECTED .27
450+1064
451+-11- 8. PURCHASE AND MAINTAIN INSURANCE AND BONDS .1
452+9. B
453+ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL ,2
454+INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE, OR AN3
455+ASSOCIATED NON-GOVERNMENTAL ORGANIZATION THAT IS OPEN TO4
456+MEMBERSHIP BY ALL STATES.5
457+10. H
458+IRE EMPLOYEES, ELECT, OR APPOINT OFFICERS , FIX6
459+COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE7
460+AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND8
461+ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND PROGRAMS9
462+RELATING TO CONFLICTS OF INTEREST , QUALIFICATIONS OF PERSONNEL,10
463+AND OTHER RELATED PERSONNEL MATTERS .11
464+11. L
465+EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS12
466+OF, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL,13
467+PERSONAL OR MIXED, PROVIDED THAT AT ALL TIMES THE COMMISSION14
468+SHALL AVOID ANY APPEARANCE OF IMPROPRIETY .15
469+12. S
470+ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,16
471+ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR17
472+MIXED.18
473+13. E
474+STABLISH A BUDGET AND MAKE EXPENDITURES .19
475+14. B
476+ORROW MONEY.20
477+15. A
478+PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES21
479+COMPOSED OF MEMBERS AND SUCH OTHER INTERESTED PERSONS AS MAY22
480+BE DESIGNATED IN THIS INTERSTATE COMPACT , RULES, OR BYLAWS.23
481+16. P
482+ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE24
483+WITH, LAW ENFORCEMENT AGENCIES .25
484+17. E
485+STABLISH AND ELECT AN EXECUTIVE COMMITTEE.26
486+18. E
487+STABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE27
488+1064
489+-12- INFORMATION GOVERNANCE COMMITTEE TO ADVISE ON FACILITATING1
490+EXCHANGE OF INFORMATION ; USE OF INFORMATION, DATA PRIVACY, AND2
491+TECHNICAL SUPPORT NEEDS, AND PROVIDE REPORTS AS NEEDED.3
492+19. P
493+ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR4
494+APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS INTERSTATE COMPACT5
495+CONSISTENT WITH THE STATE REGULATION OF TEACHER LICENSURE.6
496+20. D
497+ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS7
498+MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH8
499+THAT THE STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE9
500+C
501+OMPACT.10
502+D. The Executive Committee of the Interstate Teacher11
503+Mobility Compact Commission12
504+1. T
505+HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT13
506+ON BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS14
507+INTERSTATE COMPACT.15
508+2. T
509+HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF EIGHT16
510+VOTING MEMBERS:17
511+a. T
512+HE COMMISSION CHAIR, VICE CHAIR, AND TREASURER; AND18
513+b. F
514+IVE MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM19
515+THE CURRENT MEMBERSHIP :20
516+i. F
517+OUR VOTING MEMBERS REPRESENTING GEOGRAPHIC REGIONS21
518+IN ACCORDANCE WITH COMMISSION RULES; AND22
519+ii. O
520+NE AT LARGE VOTING MEMBER IN ACCORDANCE WITH23
521+C
522+OMMISSION RULES.24
523+3. T
524+HE COMMISSION MAY ADD OR REMOVE MEMBERS OF THE25
525+E
526+XECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES.26
527+4. T
528+HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE27
529+1064
530+-13- ANNUALLY.1
531+5. T
532+HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING2
533+DUTIES AND RESPONSIBILITIES:3
534+a. R
535+ECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE4
536+R
537+ULES OR BYLAWS, CHANGES TO THE COMPACT LEGISLATION, FEES PAID5
538+BY INTERSTATE COMPACT MEMBER STATES SUCH AS ANNUAL DUES, AND6
539+ANY COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE7
540+C
541+OMMISSION.8
542+b. E
543+NSURE COMMISSION ADMINISTRATION SERVICES ARE9
544+APPROPRIATELY PROVIDED, CONTRACTUAL OR OTHERWISE .10
545+c. P
546+REPARE AND RECOMMEND THE BUDGET .11
547+d. M
548+AINTAIN FINANCIAL RECORDS ON BEHALF OF THE12
549+C
550+OMMISSION.13
551+e. M
552+ONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE14
553+REPORTS TO THE COMMISSION.15
554+f. P
555+ERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.16
556+6. Meetings of the Commission17
557+a. A
558+LL MEETINGS SHALL BE OPEN TO THE PUBLIC , AND PUBLIC18
559+NOTICE OF MEETINGS SHALL BE GIVEN IN ACCORDANCE WITH COMMISSION19
560+B
561+YLAWS.20
562+b. T
563+HE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER21
564+COMMITTEES OF THE COMMISSION MAY CONVENE IN A CLOSED ,22
565+NON-PUBLIC MEETING IF THE COMMISSION OR EXECUTIVE COMMITTEE OR23
566+OTHER COMMITTEES OF THE COMMISSION MUST DISCUSS:24
567+i. N
568+ON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS25
569+UNDER THE COMPACT.26
570+ii. T
571+HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR OTHER27
572+1064
573+-14- MATTERS, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES1
574+OR OTHER MATTERS RELATED TO THE COMMISSION'S INTERNAL2
575+PERSONNEL PRACTICES AND PROCEDURES .3
576+iii. C
577+URRENT, THREATENED, OR REASONABLY ANTICIPATED4
578+LITIGATION.5
579+iv. N
580+EGOTIATION OF CONTRACTS FOR THE PURCHASE , LEASE, OR6
581+SALE OF GOODS, SERVICES, OR REAL ESTATE.7
582+v. A
583+CCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING8
584+ANY PERSON.9
585+vi. D
586+ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL10
587+INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL .11
588+vii. D
589+ISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE12
590+DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF13
591+PERSONAL PRIVACY.14
592+viii. D
593+ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW15
594+ENFORCEMENT PURPOSES .16
595+ix. D
596+ISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE17
597+REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION18
598+OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION19
599+OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT.20
600+x. M
601+ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY21
602+FEDERAL OR MEMBER STATE STATUTE.22
603+xi. O
604+THERS MATTERS AS SET FORTH BY COMMISSION BYLAWS AND23
605+R
606+ULES.24
607+c. I
608+F A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT25
609+TO THIS PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE26
610+SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL27
611+1064
612+-15- REFERENCE EACH RELEVANT EXEMPTING PROVISION .1
613+d. T
614+HE COMMISSION SHALL KEEP MINUTES OF COMMISSION2
615+MEETINGS AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF3
616+ACTIONS TAKEN, AND THE REASONS THEREFORE , INCLUDING A4
617+DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN5
618+CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .6
619+A
620+LL MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN7
621+UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE8
622+C
623+OMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION .9
624+7. Financing of the Commission10
625+a. T
626+HE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT11
627+OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT , ORGANIZATION,12
628+AND ONGOING ACTIVITIES.13
629+b. T
630+HE COMMISSION MAY ACCEPT ALL APPROPRIATE DONATIONS14
631+AND GRANTS OF MONEY , EQUIPMENT, SUPPLIES, MATERIALS, AND15
632+SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME, PROVIDED16
633+THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEARANCE OF17
634+IMPROPRIETY OR CONFLICT OF INTEREST.18
635+c. T
636+HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL19
637+ASSESSMENT FROM EACH MEMBER STATE OR IMPOSE FEES ON OTHER20
638+PARTIES TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF THE21
639+C
640+OMMISSION, IN ACCORDANCE WITH THE COMMISSION RULES.22
641+d. T
642+HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND23
643+PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL24
644+THE COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES,25
645+EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER STATE.26
646+e. T
647+HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL27
648+1064
649+-16- RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND DISBURSEMENTS OF1
650+THE COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCEDURES2
651+ESTABLISHED UNDER COMMISSION BYLAWS. ALL RECEIPTS AND3
652+DISBURSEMENTS OF FUNDS OF THE COMMISSION SHALL BE REVIEWED4
653+ANNUALLY IN ACCORDANCE WITH COMMISSION BYLAWS, AND A REPORT5
654+OF THE REVIEW SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL6
655+REPORT OF THE COMMISSION.7
656+8. Qualified Immunity, Defense, and Indemnification8
657+a. T
658+HE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,9
659+AND REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT10
660+AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR11
661+ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY12
662+OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR13
663+ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED , OR THAT THE14
664+PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS15
665+FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION16
666+EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN17
667+THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON18
668+FROM SUIT OR LIABILITY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY19
669+CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF20
670+THAT PERSON.21
671+b. T
672+HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,22
673+EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE OF THE23
674+C
675+OMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING24
676+OUT OF ANY ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT25
677+OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR26
678+RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS27
679+1064
680+-17- MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE1
681+SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;2
682+PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT3
683+PERSON FROM RETAINING HIS OR HER OWN COUNSEL ; AND PROVIDED4
684+FURTHER, THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID5
685+NOT RESULT FROM THAT PERSON'S INTENTIONAL OR WILLFUL OR WANTON6
686+MISCONDUCT.7
687+c. T
688+HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY8
689+MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE9
690+OF THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR J UDGMENT10
691+OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR11
692+ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE12
693+OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR THAT13
694+SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED14
695+WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR15
696+RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR,16
697+OR OMISSION DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR17
698+WANTON MISCONDUCT OF THAT PERSON .18
699+ARTICLE VIII- RULEMAKING19
700+A. T
701+HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS20
702+PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERSTATE COMPACT AND21
703+THE RULES ADOPTED THEREUNDER . RULES AND AMENDMENTS SHALL22
704+BECOME BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR23
705+AMENDMENT.24
706+B. T
707+HE COMMISSION SHALL PROMULGATE REASONABLE RULES TO25
708+ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT . IN THE26
709+EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A27
710+1064
711+-18- MANNER THAT IS BE YOND PURPOSE AND INTENT OF THIS INTERSTATE1
712+COMPACT, OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION2
713+BY THE COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT3
714+OF LAW IN THE MEMBER STATES.4
715+C. I
716+F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES5
717+REJECTS A RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE6
718+SAME MANNER USED TO ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF7
719+THE DATE OF ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO8
720+FURTHER FORCE AND EFFECT IN ANY MEMBER STATE.9
721+D. R
722+ULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED OR10
723+RATIFIED AT A REGULAR OR SPECIAL MEETING OF THE COMMISSION IN11
724+ACCORDANCE WITH COMMISSION RULES AND BYLAWS.12
725+E. U
726+PON DETERMINATION THAT AN EMERGENCY EXISTS , THE13
727+C
728+OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH14
729+FORTY-EIGHT (48) HOURS' NOTICE, WITH OPPORTUNITY TO COMMENT ,15
730+PROVIDED THAT THE USUAL RULEMAKING PROCEDURES SHALL BE16
731+RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY17
732+POSSIBLE, IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE18
733+EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF THIS PROVISION, AN19
734+EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY IN20
735+ORDER TO:21
736+1. M
737+EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR22
738+WELFARE.23
739+2. P
740+REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS.24
741+3. M
742+EET A DEADLINE FOR THE PROMULGATION OF AN25
743+ADMINISTRATIVE RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE;26
744+OR27
745+1064
746+-19- 4. PROTECT PUBLIC HEALTH AND SAFETY .1
747+ARTICLE IX- FACILITATING INFORMATION EXCHANGE2
748+A. T
749+HE COMMISSION SHALL PROVIDE FOR FACILITATING THE3
750+EXCHANGE OF INFORMATION TO ADMINISTER AND IMPLEMENT THE4
751+PROVISIONS OF THIS COMPACT IN ACCORDANCE WITH THE RULES OF THE5
752+C
753+OMMISSION, CONSISTENT WITH GENERALLY ACCEPTED DATA PROTECTION6
754+PRINCIPLES.7
755+B. N
756+OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED8
757+TO ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO9
758+CONTROL AND MAINTAIN OWNERSHIP OF ITS LICENSEE INFORMATION OR10
759+ALTER, LIMIT, OR INHIBIT THE LAWS OR REGULATIONS GOVERNING11
760+LICENSEE INFORMATION IN THE MEMBER STATE.12
761+ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND13
762+ENFORCEMENT14
763+A. Oversight15
764+1. T
765+HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE16
766+GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT17
767+AND TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE18
768+THE COMPACT'S PURPOSES AND INTENT . THE PROVISIONS OF THIS19
769+C
770+OMPACT SHALL HAVE STANDING AS STATUTORY LAW .20
771+2. V
772+ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST21
773+THE COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A22
774+COURT OF COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE23
775+C
776+OMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND24
777+JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO25
778+PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS .26
306779 N
307-ATIONAL BOARD CERTIFICATION;
308-2. P
309-ARTICIPATE IN THE EXCHANGE OF NAMES OF TEACHERS WHOSE
310-LICENSE HAS BEEN SUBJECT TO AN
311-ADVERSE ACTION BY A MEMBER STATE;
312-OR
313-3. PARTICIPATE IN ANY AGREEMENT OR COOPERATIVE
314-ARRANGEMENT WITH A NON
315--MEMBER STATE.
316-ARTICLE V- TEACHER QUALIFICATIONS AND
317-REQUIREMENTS FOR LICENSURE UNDER THE COMPACT
318-A. E
319-XCEPT AS PROVIDED FOR ACTIVE MILITARY MEMBERS OR
320-ELIGIBLE MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY
321-ONLY BE ELIGIBLE TO RECEIVE A LICENSE UNDER THIS
322-COMPACT WHERE
323-THAT
324-TEACHER HOLDS AN UNENCUMBERED LICENSE IN A MEMBER STATE.
780+OTHING HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR PROPRIETY27
781+1064
782+-20- OF VENUE IN ANY ACTION AGAINST A LICENSEE FOR PROFESSIONAL1
783+MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.2
784+3. A
785+LL COURTS AND ALL ADMINISTRATIVE AGENCIES SHALL TAKE3
786+JUDICIAL NOTICE OF THE COMPACT, THE RULES OF THE COMMISSION, AND4
787+ANY INFORMATION PROVIDED TO A MEMBER STATE PURSUANT THERETO5
788+IN ANY JUDICIAL OR QUASI -JUDICIAL PROCEEDING IN A MEMBER STATE6
789+PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT, OR WHICH MAY7
790+AFFECT THE POWERS, RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.8
791+4. T
792+HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF9
793+PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT OR10
794+INTERPRETATION OF THE COMPACT AND SHALL HAVE STANDING TO11
795+INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES . FAILURE TO12
796+PROVIDE THE COMMISSION SERVICE OF PROCESS SHALL RENDER A13
797+JUDGMENT OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR14
798+PROMULGATED RULES.15
799+B. Default, Technical Assistance, and Termination16
800+1. I
801+F THE COMMISSION DETERMINES THAT A MEMBER STATE HAS17
802+DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR18
803+RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED RULES,19
804+THE COMMISSION SHALL:20
805+a. P
806+ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND21
807+OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED22
808+MEANS OF CURING THE DEFAULT, OR ANY OTHER ACTION TO BE TAKEN BY23
809+THE COMMISSION; AND24
810+b. P
811+ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL25
812+ASSISTANCE REGARDING THE DEFAULT .26
813+2. I
814+F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE27
815+1064
816+-21- DEFAULTING STATE MAY BE TERMINATED FROM THE COMPACT UPON AN1
817+AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS OF THE2
818+M
819+EMBER STATES, AND ALL RIGHTS , PRIVILEGES, AND BENEFITS3
820+CONFERRED ON THAT STATE BY THIS COMPACT MAY BE TERMINATED ON4
821+THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT5
822+RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES INCURRED6
823+DURING THE PERIOD OF DEFAULT.7
824+3. T
825+ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE8
826+IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE9
827+BEEN EXHAUSTED. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL10
828+BE GIVEN BY THE COMMISSION TO THE GOVERNOR , THE MAJORITY AND11
829+MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, THE12
830+S
831+TATE LICENSING AUTHORITY, AND EACH OF THE MEMBER STATES.13
832+4. A
833+ STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL14
834+ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE15
835+EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND16
836+BEYOND THE EFFECTIVE DATE OF TERMINATION .17
837+5. T
838+HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A18
839+S
840+TATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED19
841+FROM THE COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE20
842+C
843+OMMISSION AND THE DEFAULTING STATE.21
844+6. T
845+HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE22
846+C
847+OMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE23
848+D
849+ISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT WHERE THE24
850+C
851+OMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL25
852+BE AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE26
853+ATTORNEY'S FEES.27
854+1064
855+-22- C. Dispute Resolution1
856+1. U
857+PON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL2
858+ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE3
859+AMONG MEMBER STATES AND BETWEEN MEMBER AND NON-MEMBER4
860+S
861+TATES.5
862+2. T
863+HE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR6
864+BOTH BINDING AND NON-BINDING ALTERNATIVE DISPUTE RESOLUTION FOR7
865+DISPUTES AS APPROPRIATE.8
866+D. Enforcement9
867+1. T
868+HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS10
869+DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS11
870+C
871+OMPACT.12
872+2. B
873+Y MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL13
874+ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF14
875+C
876+OLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS15
877+PRINCIPAL OFFICES AGAINST A MEMBER STATE IN DEFAULT TO ENFORCE16
878+COMPLIANCE WITH THE PROVISIONS OF THE COMPACT AND ITS17
879+PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE18
880+BOTH INJUNCTIVE RELIEF AND DAMAGES . IN THE EVENT JUDICIAL19
881+ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED20
882+ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY 'S21
883+FEES. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF22
884+THE COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES23
885+AVAILABLE UNDER FEDERAL OR STATE LAW.24
886+ARTICLE XI- EFFECTUATION, WITHDRAWAL,25
887+AND AMENDMENT26
888+A. T
889+HE COMPACT SHALL COME INTO EFFECT ON THE DATE ON27
890+1064
891+-23- WHICH THE COMPACT STATUTE IS ENACTED INTO LAW IN THE TENTH1
892+M
893+EMBER STATE.2
894+1. O
895+N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE3
896+C
897+OMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH OF4
898+THE CHARTER MEMBER STATES TO DETERMINE IF THE STATUTE ENACTED5
899+BY EACH SUCH CHARTER MEMBER STATE IS MATERIALLY DIFFERENT FROM6
900+THE MODEL COMPACT STATUTE.7
901+2. A
902+ CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO8
903+BE MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE SHALL9
904+BE ENTITLED TO THE DEFAULT PROCESS SET FORTH IN ARTICLE X.10
905+3. M
906+EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE11
907+C
908+HARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH12
909+IN ARTICLE VII.C.20 TO DETERMINE IF THEIR ENACTMENTS ARE13
910+MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND14
911+WHETHER THEY QUALIFY FOR PARTICIPATION IN THE COMPACT.15
912+B. I
913+F ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR16
914+IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION17
915+SHALL REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT18
916+EVEN IF THE NUMBER OF MEMBER STATES SHOULD BE LESS THAN TEN.19
917+C. A
918+NY STATE THAT JOINS THE COMPACT AFTER THE20
919+C
920+OMMISSION'S INITIAL ADOPTION OF THE RULES AND BYLAWS SHALL BE21
921+SUBJECT TO THE RULES AND BYLAWS AS THEY EXIST ON THE DATE ON22
922+WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY RULE THAT HAS23
923+BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE FULL24
924+FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN25
925+THAT STATE, AS THE RULES AND BYLAWS MAY BE AMENDED AS PROVIDED26
926+IN THIS COMPACT.27
927+1064
928+-24- D. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY1
929+ENACTING A STATUTE REPEALING THE SAME .2
930+1. A
931+ MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT3
932+UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE .4
933+2. W
934+ITHDRAWAL SHALL NOT AFFECT THE CONTINUING5
935+REQUIREMENT OF THE WITHDRAWING STATE'S LICENSING AUTHORITY TO6
936+COMPLY WITH THE INVESTIGATIVE AND ADVERSE ACTION REPORTING7
937+REQUIREMENTS OF THIS ACT PRIOR TO THE EFFECTIVE DATE OF8
938+WITHDRAWAL.9
939+E. T
940+HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO10
941+AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING11
942+UPON ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL12
943+M
944+EMBER STATES.13
945+ARTICLE XII- CONSTRUCTION AND SEVERABILITY14
946+T
947+HIS COMPACT SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE15
948+THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE16
949+SEVERABLE AND IF ANY PHRASE , CLAUSE, SENTENCE, OR PROVISION OF17
950+THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF18
951+ANY MEMBER STATE OR A STATE SEEKING MEMBERSHIP IN THE COMPACT,19
952+OR OF THE UNITED STATES OR THE APPLICABILITY THEREOF TO ANY OTHER20
953+GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE21
954+VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY22
955+THEREOF TO ANY GOVERNMENT , AGENCY, PERSON, OR CIRCUMSTANCE23
956+SHALL NOT BE AFFECTED THEREBY . IF THIS COMPACT SHALL BE HELD24
957+CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT25
958+SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER26
959+S
960+TATES AND IN FULL FORCE AND EFFECT AS TO THE MEMBER STATE27
961+1064
962+-25- AFFECTED AS TO ALL SEVERABLE MATTERS .1
963+ARTICLE XIII- CONSISTENT EFFECT AND2
964+CONFLICT WITH OTHER STATE LAWS3
965+A. N
966+OTHING HEREIN SHALL PREVENT OR INHIBIT THE4
967+ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS NOT5
968+INCONSISTENT WITH THE COMPACT.6
325969 B. A
326- TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS
327-COMPACT SHALL, UNLESS OTHERWISE PROVIDED FOR HEREIN :
328-1. U
329-PON THEIR APPLICATION TO RECEIVE A LICENSE UNDER THIS
330-COMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE RECEIVING
331-STATE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE
332-RECEIVING STATE; AND
333-2. PROVIDE THE RECEIVING STATE WITH INFORMATION IN ADDITION
334-TO THE INFORMATION REQUIRED FOR LICENSURE FOR THE PURPOSES OF
335-DETERMINING COMPENSATION
336-, IF APPLICABLE.
337-ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS
338-PAGE 7-HOUSE BILL 23-1064 A. NOTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED TO
339-LIMIT THE AUTHORITY OF A
340-MEMBER STATE TO INVESTIGATE OR IMPOSE
341-DISCIPLINARY MEASURES ON
342-TEACHERS ACCORDING TO THE STATE
343-PRACTICE LAWS THEREOF.
344-B. M
345-EMBER STATES SHALL BE AUTHORIZED TO RECEIVE, AND SHALL
346-PROVIDE
347-, FILES AND INFORMATION REGARDING THE INVESTIGATION AND
348-DISCIPLINE
349-, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON
350-REQUEST
351-. ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES
352-SHALL PROTECT AND MAINTAIN THE SECURITY AND CONFIDENTIALITY
353-THEREOF
354-, IN AT LEAST THE SAME MANNER THAT IT MAINTAINS ITS OWN
355-INVESTIGATORY OR DISCIPLINARY FILES AND INFORMATION
356-. PRIOR TO
357-DISCLOSING ANY DISCIPLINARY OR INVESTIGATORY INFORMATION RECEIVED
358-FROM ANOTHER
359-MEMBER STATE, THE DISCLOSING STATE SHALL
360-COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH DISCLOSURE TO THE
361-MEMBER STATE WHICH ORIGINALLY PROVIDED THAT INFORMATION .
362-ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE
363-TEACHER MOBILITY COMPACT COMMISSION
364-A. T
365-HE INTERSTATE COMPACT MEMBER STATES HEREBY CREATE
366-AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE
367-INTERSTATE
368-TEACHER MOBILITY COMPACT COMMISSION:
369-1. T
370-HE COMMISSION IS A JOINT INTERSTATE GOVERNMENTAL AGENCY
371-COMPRISED OF
372-STATES THAT HAVE ENACTED THE INTERSTATE TEACHER
373-MOBILITY COMPACT.
374-2. N
375-OTHING IN THIS INTERSTATE COMPACT SHALL BE CONSTRUED TO
376-BE A WAIVER OF SOVEREIGN IMMUNITY
377-.
378-B. Membership, Voting, and Meetings
379-1. E
380-ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1)
381-DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE TITLE OF
382-COMMISSIONER.
383-2. T
384-HE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE
385-OFFICER OF THE
386-STATE LICENSING AUTHORITY OR THEIR DESIGNEE.
387-PAGE 8-HOUSE BILL 23-1064 3. ANY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM
388-OFFICE AS PROVIDED BY THE LAW OF THE
389-STATE FROM WHICH THE
390-COMMISSIONER IS APPOINTED.
391-4. T
392-HE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN
393-THE
394-COMMISSION WITHIN NINETY (90) DAYS.
395-5. E
396-ACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE ABOUT
397-THE PROMULGATION OF
398-RULES AND CREATION OF BYLAWS AND SHALL
399-OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND
400-AFFAIRS OF THE
401-COMMISSION. A COMMISSIONER SHALL VOTE IN PERSON OR
402-BY SUCH OTHER MEANS AS PROVIDED IN THE
403-BYLAWS. THE BYLAWS MAY
404-PROVIDE FOR
405-COMMISSIONERS' PARTICIPATION IN MEETINGS BY TELEPHONE
406-OR OTHER MEANS OF COMMUNICATION
407-.
408-6. T
409-HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
410-CALENDAR YEAR
411-. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN
412-THE
413-BYLAWS.
414-7. T
415-HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE
416-FOR
417-COMMISSIONERS.
418-C. T
419-HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND
420-DUTIES
421-:
422-1. E
423-STABLISH A CODE OF ETHICS FOR THE COMMISSION.
424-2. E
425-STABLISH THE FISCAL YEAR OF THE COMMISSION.
426-3. E
427-STABLISH BYLAWS FOR THE COMMISSION.
428-4. M
429-AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE
430-BYLAWS OF THE COMMISSION.
431-5. M
432-EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE
433-PROVISIONS OF THIS INTERSTATE COMPACT
434-, THE BYLAWS, AND RULES OF
435-THE
436-COMMISSION.
437-6. P
438-ROMULGATE UNIFORM RULES TO IMPLEMENT AND ADMINISTER
439-THIS INTERSTATE COMPACT
440-. THE RULES SHALL HAVE THE FORCE AND EFFECT
441-PAGE 9-HOUSE BILL 23-1064 OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES. IN THE EVENT THE
442-COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT
443-IS BEYOND THE SCOPE OF THE PURPOSES OF THE
444-COMPACT, OR THE POWERS
445-GRANTED HEREUNDER
446-, THEN SUCH AN ACTION BY THE COMMISSION SHALL
447-BE INVALID AND HAVE NO FORCE AND EFFECT OF LAW
448-.
449-7. B
450-RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE
451-NAME OF THE
452-COMMISSION, PROVIDED THAT THE STANDING OF ANY MEMBER
453-STATE LICENSING AUTHORITY TO SUE OR BE SUED UNDER APPLICABLE LAW
454-SHALL NOT BE AFFECTED
455-.
456-8. P
457-URCHASE AND MAINTAIN INSURANCE AND BONDS .
458-9. B
459-ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL ,
460-INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE, OR AN
461-ASSOCIATED NON
462--GOVERNMENTAL ORGANIZATION THAT IS OPEN TO
463-MEMBERSHIP BY ALL STATES
464-.
465-10. H
466-IRE EMPLOYEES, ELECT, OR APPOINT OFFICERS , FIX
467-COMPENSATION
468-, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE
469-AUTHORITY TO CARRY OUT THE PURPOSES OF THE
470-COMPACT, AND ESTABLISH
471-THE
472-COMMISSION'S PERSONNEL POLICIES AND PROGRAMS RELATING TO
473-CONFLICTS OF INTEREST
474-, QUALIFICATIONS OF PERSONNEL , AND OTHER
475-RELATED PERSONNEL MATTERS
476-.
477-11. L
478-EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS
479-OF
480-, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL,
481-PERSONAL OR MIXED, PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
482-AVOID ANY APPEARANCE OF IMPROPRIETY
483-.
484-12. S
485-ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
486-ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR
487-MIXED
488-.
489-13. E
490-STABLISH A BUDGET AND MAKE EXPENDITURES .
491-14. B
492-ORROW MONEY.
493-15. A
494-PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES
495-COMPOSED OF MEMBERS AND SUCH OTHER INTERESTED PERSONS AS MAY BE
496-PAGE 10-HOUSE BILL 23-1064 DESIGNATED IN THIS INTERSTATE COMPACT , RULES, OR BYLAWS.
497-16. P
498-ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE
499-WITH
500-, LAW ENFORCEMENT AGENCIES .
501-17. E
502-STABLISH AND ELECT AN EXECUTIVE COMMITTEE.
503-18. E
504-STABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE
505-INFORMATION GOVERNANCE COMMITTEE TO ADVISE ON FACILITATING
506-EXCHANGE OF INFORMATION
507-; USE OF INFORMATION, DATA PRIVACY, AND
508-TECHNICAL SUPPORT NEEDS
509-, AND PROVIDE REPORTS AS NEEDED.
510-19. P
511-ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR
512-APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS INTERSTATE COMPACT
513-CONSISTENT WITH THE
514-STATE REGULATION OF TEACHER LICENSURE.
515-20. D
516-ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS
517-MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT
518-THE
519-STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE COMPACT.
520-D. The Executive Committee of the Interstate Teacher Mobility
521-Compact Commission
522-1. T
523-HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON
524-BEHALF OF THE
525-COMMISSION ACCORDING TO THE TERMS OF THIS INTERSTATE
526-COMPACT
527-.
528-2. T
529-HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF EIGHT
530-VOTING MEMBERS
531-:
532-a. T
533-HE COMMISSION CHAIR, VICE CHAIR, AND TREASURER; AND
534-b. FIVE MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM THE
535-CURRENT MEMBERSHIP
536-:
537-i. F
538-OUR VOTING MEMBERS REPRESENTING GEOGRAPHIC REGIONS IN
539-ACCORDANCE WITH
540-COMMISSION RULES; AND
541-ii. ONE AT LARGE VOTING MEMBER IN ACCORDANCE WITH
542-COMMISSION RULES.
543-PAGE 11-HOUSE BILL 23-1064 3. THE COMMISSION MAY ADD OR REMOVE MEMBERS OF THE
544-EXECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES.
545-4. T
546-HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE
547-ANNUALLY
548-.
549-5. T
550-HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES
551-AND RESPONSIBILITIES
552-:
553-a. R
554-ECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES
555-OR
556-BYLAWS, CHANGES TO THE COMPACT LEGISLATION, FEES PAID BY
557-INTERSTATE COMPACT
558-MEMBER STATES SUCH AS ANNUAL DUES, AND ANY
559-COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE
560-COMMISSION.
561-b. E
562-NSURE COMMISSION ADMINISTRATION SERVICES ARE
563-APPROPRIATELY PROVIDED
564-, CONTRACTUAL OR OTHERWISE .
565-c. P
566-REPARE AND RECOMMEND THE BUDGET .
567-d. M
568-AINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION.
569-e. M
570-ONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE
571-REPORTS TO THE
572-COMMISSION.
573-f. P
574-ERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
575-6. Meetings of the Commission
576-a. A
577-LL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE
578-OF MEETINGS SHALL BE GIVEN IN ACCORDANCE WITH
579-COMMISSION BYLAWS.
580-b. T
581-HE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER
582-COMMITTEES OF THE
583-COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC
584-MEETING IF THE
585-COMMISSION OR EXECUTIVE COMMITTEE OR OTHER
586-COMMITTEES OF THE
587-COMMISSION MUST DISCUSS:
588-i. N
589-ON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS
590-UNDER THE
591-COMPACT.
592-PAGE 12-HOUSE BILL 23-1064 ii. THE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR OTHER
593-MATTERS
594-, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR
595-OTHER MATTERS RELATED TO THE
596-COMMISSION'S INTERNAL PERSONNEL
597-PRACTICES AND PROCEDURES
598-.
599-iii. C
600-URRENT, THREATENED, OR REASONABLY ANTICIPATED
601-LITIGATION
602-.
603-iv. N
604-EGOTIATION OF CONTRACTS FOR THE PURCHASE , LEASE, OR SALE
605-OF GOODS
606-, SERVICES, OR REAL ESTATE.
607-v. A
608-CCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING
609-ANY PERSON
610-.
611-vi. D
612-ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL
613-INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL
614-.
615-vii. D
616-ISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE
617-DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF
618-PERSONAL PRIVACY
619-.
620-viii. D
621-ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW
622-ENFORCEMENT PURPOSES
623-.
624-ix. D
625-ISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE
626-REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE OF THE
627-COMMISSION
628-OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION
629-OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE
630-COMPACT.
631-x. M
632-ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY
633-FEDERAL OR
634-MEMBER STATE STATUTE.
635-xi. O
636-THER MATTERS AS SET FORTH BY COMMISSION BYLAWS AND
637-RULES.
638-c. I
639-F A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO
640-THIS PROVISION
641-, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL
642-CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH
643-RELEVANT EXEMPTING PROVISION
644-.
645-PAGE 13-HOUSE BILL 23-1064 d. THE COMMISSION SHALL KEEP MINUTES OF COMMISSION
646-MEETINGS AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF
647-ACTIONS TAKEN
648-, AND THE REASONS THEREFORE, INCLUDING A DESCRIPTION
649-OF THE VIEWS EXPRESSED
650-. ALL DOCUMENTS CONSIDERED IN CONNECTION
651-WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES
652-. ALL MINUTES AND
653-DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL
654-, SUBJECT TO
655-RELEASE BY A MAJORITY VOTE OF THE
656-COMMISSION OR ORDER OF A COURT
657-OF COMPETENT JURISDICTION
658-.
659-7. Financing of the Commission
660-a. T
661-HE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF,
662-THE REASONABLE EXPENSES OF ITS ESTABLISHMENT , ORGANIZATION, AND
663-ONGOING ACTIVITIES
664-.
665-b. T
666-HE COMMISSION MAY ACCEPT ALL APPROPRIATE DONATIONS AND
667-GRANTS OF MONEY
668-, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND
669-RECEIVE
670-, UTILIZE, AND DISPOSE OF THE SAME, PROVIDED THAT AT ALL TIMES
671-THE
672-COMMISSION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR
673-CONFLICT OF INTEREST
674-.
675-c. T
676-HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL
677-ASSESSMENT FROM EACH
678-MEMBER STATE OR IMPOSE FEES ON OTHER
679-PARTIES TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF THE
680-COMMISSION, IN ACCORDANCE WITH THE COMMISSION RULES.
681-d. T
682-HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND
683-PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME
684-; NOR SHALL
685-THE
686-COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES,
687-EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER STATE.
688-e. T
689-HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
690-RECEIPTS AND DISBURSEMENTS
691-. THE RECEIPTS AND DISBURSEMENTS OF THE
692-COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCEDURES ESTABLISHED
693-UNDER
694-COMMISSION BYLAWS. ALL RECEIPTS AND DISBURSEMENTS OF FUNDS
695-OF THE
696-COMMISSION SHALL BE REVIEWED ANNUALLY IN ACCORDANCE WITH
697-COMMISSION BYLAWS, AND A REPORT OF THE REVIEW SHALL BE INCLUDED
698-IN AND BECOME PART OF THE ANNUAL REPORT OF THE
699-COMMISSION.
700-8. Qualified Immunity, Defense, and Indemnification
701-PAGE 14-HOUSE BILL 23-1064 a. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES, AND
702-REPRESENTATIVES OF THE
703-COMMISSION SHALL BE IMMUNE FROM SUIT AND
704-LIABILITY
705-, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY , FOR ANY
706-CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR
707-OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR
708-ALLEGED ACT
709-, ERROR, OR OMISSION THAT OCCURRED, OR THAT THE PERSON
710-AGAINST WHOM THE CLAIM IS MADE HAD A REAS ONABLE BASIS FOR
711-BELIEVING OCCURRED WITHIN THE SCOPE OF
712-COMMISSION EMPLOYMENT ,
713-DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH
714-SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR
715-LIABILITY FOR ANY DAMAGE
716-, LOSS, INJURY, OR LIABILITY CAUSED BY THE
717-INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON
718-.
719-b. T
720-HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,
721-EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
722-IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY
723-ACTUAL OR ALLEGED ACT
724-, ERROR, OR OMISSION THAT OCCURRED WITHIN THE
725-SCOPE OF
726-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
727-THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
728-BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
729-COMMISSION
730-EMPLOYMENT
731-, DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING
732-HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM RETAINING
733-HIS OR HER OWN COUNSEL
734-; AND PROVIDED FURTHER, THAT THE ACTUAL OR
735-ALLEGED ACT
736-, ERROR, OR OMISSION DID NOT RESULT FROM THAT PERSON 'S
737-INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT
738-.
739-c. T
740-HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY
741-MEMBER
742-, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE
743-OF THE
744-COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT
745-OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED
746-ACT
747-, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
748-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR THAT SUCH
749-PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
750-SCOPE OF
751-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,
752-PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID
753-NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT
754-OF THAT PERSON
755-.
756-ARTICLE VIII- RULEMAKING
757-PAGE 15-HOUSE BILL 23-1064 A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS
758-PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERSTATE COMPACT AND
759-THE
760-RULES ADOPTED THEREUNDER . RULES AND AMENDMENTS SHALL
761-BECOME BINDING AS OF THE DATE SPECIFIED IN EACH
762-RULE OR AMENDMENT.
763-B. T
764-HE COMMISSION SHALL PROMULGATE REASONABLE RULES TO
765-ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT
766-. IN THE
767-EVENT THE
768-COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A
769-MANNER THAT IS BEYOND PURPOSE AND INTENT OF THIS INTERSTATE
770-COMPACT
771-, OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION BY
772-THE
773-COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT OF
774-LAW IN THE
775-MEMBER STATES.
776-C. I
777-F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
778-REJECTS A
779-RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE
780-SAME MANNER USED TO ADOPT THE
781-COMPACT WITHIN FOUR (4) YEARS OF
782-THE DATE OF ADOPTION OF THE
783-RULE, THEN SUCH RULE SHALL HAVE NO
784-FURTHER FORCE AND EFFECT IN ANY
785-MEMBER STATE.
786-D. R
787-ULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED OR
788-RATIFIED AT A REGULAR OR SPECIAL MEETING OF THE
789-COMMISSION IN
790-ACCORDANCE WITH
791-COMMISSION RULES AND BYLAWS.
792-E. U
793-PON DETERMINATION THAT AN EMERGENCY EXISTS , THE
794-COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH
795-FORTY
796--EIGHT (48) HOURS' NOTICE, WITH OPPORTUNITY TO COMMENT ,
797-PROVIDED THAT THE USUAL RULEMAKING PROCEDURES SHALL BE
798-RETROACTIVELY APPLIED TO THE
799-RULE AS SOON AS REASONABLY POSSIBLE,
800-IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF
801-THE
802-RULE. FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS
803-ONE THAT MUST BE ADOPTED IMMEDIATELY IN ORDER TO
804-:
805-1. M
806-EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR
807-WELFARE
808-.
809-2. P
810-REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS.
811-3. M
812-EET A DEADLINE FOR THE PROMULGATION OF AN
813-ADMINISTRATIVE
814-RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
815-PAGE 16-HOUSE BILL 23-1064 4. PROTECT PUBLIC HEALTH AND SAFETY .
816-ARTICLE IX- FACILITATING INFORMATION EXCHANGE
817-A. T
818-HE COMMISSION SHALL PROVIDE FOR FACILITATING THE
819-EXCHANGE OF INFORMATION TO ADMINISTER AND IMPLEMENT THE
820-PROVISIONS OF THIS
821-COMPACT IN ACCORDANCE WITH THE RULES OF THE
822-COMMISSION, CONSISTENT WITH GENERALLY ACCEPTED DATA PROTECTION
823-PRINCIPLES
824-.
825-B. N
826-OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED TO
827-ALTER
828-, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND
829-MAINTAIN OWNERSHIP OF ITS LICENSEE INFORMATION OR ALTER
830-, LIMIT, OR
831-INHIBIT THE LAWS OR REGULATIONS GOVERNING LICENSEE INFORMATION IN
832-THE
833-MEMBER STATE.
834-ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND
835-ENFORCEMENT
836-A. Oversight
837-1. T
838-HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT
839-IN EACH
840-MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL
841-ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE
842-COMPACT'S
843-PURPOSES AND INTENT
844-. THE PROVISIONS OF THIS COMPACT SHALL HAVE
845-STANDING AS STATUTORY LAW
846-.
847-2. V
848-ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE
849-COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A COURT OF
850-COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE
851-COMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND
852-JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO
853-PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS
854-. NOTHING
855-HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN
856-ANY ACTION AGAINST A LICENSEE FOR PROFESSIONAL MALPRACTICE
857-,
858-MISCONDUCT, OR ANY SUCH SIMILAR MATTER.
859-3. A
860-LL COURTS AND ALL ADMINISTRATIVE AGENCIES SHALL TAKE
861-JUDICIAL NOTICE OF THE
862-COMPACT, THE RULES OF THE COMMISSION, AND
863-ANY INFORMATION PROVIDED TO A
864-MEMBER STATE PURSUANT THERETO IN
865-PAGE 17-HOUSE BILL 23-1064 ANY JUDICIAL OR QUASI-JUDICIAL PROCEEDING IN A MEMBER STATE
866-PERTAINING TO THE SUBJECT MATTER OF THIS
867-COMPACT, OR WHICH MAY
868-AFFECT THE POWERS
869-, RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.
870-4. T
871-HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF
872-PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT OR
873-INTERPRETATION OF THE
874-COMPACT AND SHALL HAVE STANDING TO
875-INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES
876-. FAILURE TO PROVIDE
877-THE
878-COMMISSION SERVICE OF PROCESS SHALL RENDER A JUDGMENT OR
879-ORDER VOID AS TO THE
880-COMMISSION, THIS COMPACT, OR PROMULGATED
881-RULES.
882-B. Default, Technical Assistance, and Termination
883-1. I
884-F THE COMMISSION DETERMINES THAT A MEMBER STATE HAS
885-DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES
886-UNDER THIS
887-COMPACT OR THE PROMULGATED RULES, THE COMMISSION
888-SHALL
889-:
890-a. P
891-ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER
892-MEMBER STATES OF THE NATURE OF THE DEFAULT , THE PROPOSED MEANS
893-OF CURING THE DEFAULT
894-, OR ANY OTHER ACTION TO BE TAKEN BY THE
895-COMMISSION; AND
896-b. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL
897-ASSISTANCE REGARDING THE DEFAULT
898-.
899-2. I
900-F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE
901-DEFAULTING
902-STATE MAY BE TERMINATED FROM THE COMPACT UPON AN
903-AFFIRMATIVE VOTE OF A MAJORITY OF THE
904-COMMISSIONERS OF THE MEMBER
905-STATES, AND ALL RIGHTS, PRIVILEGES, AND BENEFITS CONFERRED ON THAT
906-STATE BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE OF
907-TERMINATION
908-. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING
909-STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
910-DEFAULT
911-.
912-3. T
913-ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE
914-IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE
915-BEEN EXHAUSTED
916-. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL BE
917-GIVEN BY THE
918-COMMISSION TO THE GOVERNOR , THE MAJORITY AND
919-PAGE 18-HOUSE BILL 23-1064 MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, THE STATE
920-LICENSING AUTHORITY, AND EACH OF THE MEMBER STATES.
921-4. A
922- STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL
923-ASSESSMENTS
924-, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE
925-EFFECTIVE DATE OF TERMINATION
926-, INCLUDING OBLIGATIONS THAT EXTEND
927-BEYOND THE EFFECTIVE DATE OF TERMINATION
928-.
929-5. T
930-HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A
931-STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED
932-FROM THE
933-COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE
934-COMMISSION AND THE DEFAULTING STATE.
935-6. T
936-HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE
937-COMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT
938-OF
939-COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS
940-PRINCIPAL OFFICES
941-. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS
942-OF SUCH LITIGATION
943-, INCLUDING REASONABLE ATTORNEY 'S FEES.
944-C. Dispute Resolution
945-1. U
946-PON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL
947-ATTEMPT TO RESOLVE DISPUTES RELATED TO THE
948-COMPACT THAT ARISE
949-AMONG
950-MEMBER STATES AND BETWEEN MEMBER AND NON-MEMBER
951-STATES.
952-2. T
953-HE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR
954-BOTH BINDING AND NON
955--BINDING ALTERNATIVE DISPUTE RESOLUTION FOR
956-DISPUTES AS APPROPRIATE
957-.
958-D. Enforcement
959-1. T
960-HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
961-DISCRETION
962-, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
963-2. B
964-Y MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL
965-ACTION IN THE
966-UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
967-COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS
968-PRINCIPAL OFFICES AGAINST A
969-MEMBER STATE IN DEFAULT TO ENFORCE
970-COMPLIANCE WITH THE PROVISIONS OF THE
971-COMPACT AND ITS
972-PAGE 19-HOUSE BILL 23-1064 PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE
973-BOTH INJUNCTIVE RELIEF AND DAMAGES
974-. IN THE EVENT JUDICIAL
975-ENFORCEMENT IS NECESSARY
976-, THE PREVAILING PARTY SHALL BE AWARDED
977-ALL COSTS OF SUCH LITIGATION
978-, INCLUDING REASONABLE ATTORNEY 'S FEES.
979-T
980-HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
981-COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES
982-AVAILABLE UNDER FEDERAL OR
983-STATE LAW.
984-ARTICLE XI- EFFECTUATION, WITHDRAWAL,
985-AND AMENDMENT
986-A. T
987-HE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH
988-THE
989-COMPACT STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER
990-STATE.
991-1. O
992-N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE
993-COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH OF
994-THE
995-CHARTER MEMBER STATES TO DETERMINE IF THE STATUTE ENACTED BY
996-EACH SUCH
997-CHARTER MEMBER STATE IS MATERIALLY DIFFERENT FROM THE
998-MODEL
999-COMPACT STATUTE.
1000-2. A
1001- CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO BE
1002-MATERIALLY DIFFERENT FROM THE MODEL
1003-COMPACT STATUTE SHALL BE
1004-ENTITLED TO THE DEFAULT PROCESS SET FORTH IN
1005-ARTICLE X.
1006-3. M
1007-EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE
1008-CHARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH
1009-IN
1010-ARTICLE VII.C.20 TO DETERMINE IF THEIR ENACTMENTS ARE MATERIALLY
1011-DIFFERENT FROM THE MODEL
1012-COMPACT STATUTE AND WHETHER THEY
1013-QUALIFY FOR PARTICIPATION IN THE
1014-COMPACT.
1015-B. I
1016-F ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR IS
1017-TERMINATED OR WITHDRAWS FROM THE
1018-COMPACT, THE COMMISSION SHALL
1019-REMAIN IN EXISTENCE AND THE
1020-COMPACT SHALL REMAIN IN EFFECT EVEN IF
1021-THE NUMBER OF
1022-MEMBER STATES SHOULD BE LESS THAN TEN.
970+NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL7
971+REQUIREMENTS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE8
972+SUPERSEDED TO THE EXTENT OF THE CONFLICT .9
1023973 C. A
1024-NY STATE THAT JOINS THE COMPACT AFTER THE COMMISSION'S
1025-INITIAL ADOPTION OF THE
1026-RULES AND BYLAWS SHALL BE SUBJECT TO THE
1027-RULES AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE COMPACT
1028-BECOMES LAW IN THAT
1029-STATE. ANY RULE THAT HAS BEEN PREVIOUSLY
1030-PAGE 20-HOUSE BILL 23-1064 ADOPTED BY THE COMMISSION SHALL HAVE THE FULL FORCE AND EFFECT OF
1031-LAW ON THE DAY THE
1032-COMPACT BECOMES LAW IN THAT STATE, AS THE
1033-RULES AND BYLAWS MAY BE AMENDED AS PROVIDED IN THIS COMPACT.
1034-D. A
1035-NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY
1036-ENACTING A STATUTE REPEALING THE SAME
1037-.
1038-1. A
1039- MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL
1040-SIX
1041-(6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE .
1042-2. W
1043-ITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT
1044-OF THE WITHDRAWING
1045-STATE'S LICENSING AUTHORITY TO COMPLY WITH THE
1046-INVESTIGATIVE AND
1047-ADVERSE ACTION REPORTING REQUIREMENTS OF THIS
1048-ACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL
1049-.
1050-E. T
1051-HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO
1052-AMENDMENT TO THIS
1053-COMPACT SHALL BECOME EFFECTIVE AND BINDING
1054-UPON ANY
1055-MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL
1056-MEMBER STATES.
1057-ARTICLE XII- CONSTRUCTION AND SEVERABILITY
1058-T
1059-HIS COMPACT SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE
1060-THE PURPOSES THEREOF
1061-. THE PROVISIONS OF THIS COMPACT SHALL BE
1062-SEVERABLE AND IF ANY PHRASE
1063-, CLAUSE, SENTENCE, OR PROVISION OF THIS
1064-COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY
1065-MEMBER STATE OR A STATE SEEKING MEMBERSHIP IN THE COMPACT, OR OF
1066-THE
1067-UNITED STATES OR THE APPLICABILITY THEREOF TO ANY OTHER
1068-GOVERNMENT
1069-, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE
1070-VALIDITY OF THE REMAINDER OF THIS
1071-COMPACT AND THE APPLICABILITY
1072-THEREOF TO ANY GOVERNMENT
1073-, AGENCY, PERSON, OR CIRCUMSTANCE SHALL
1074-NOT BE AFFECTED THEREBY
1075-. IF THIS COMPACT SHALL BE HELD CONTRARY TO
1076-THE CONSTITUTION OF ANY
1077-MEMBER STATE, THE COMPACT SHALL REMAIN
1078-IN FULL FORCE AND EFFECT AS TO THE REMAINING
1079-MEMBER STATES AND IN
1080-FULL FORCE AND EFFECT AS TO THE
1081-MEMBER STATE AFFECTED AS TO ALL
1082-SEVERABLE MATTERS
1083-.
1084-ARTICLE XIII- CONSISTENT EFFECT AND
1085-CONFLICT WITH OTHER STATE LAWS
1086-PAGE 21-HOUSE BILL 23-1064 A. NOTHING HEREIN SHALL PREVENT OR INHIBIT THE ENFORCEMENT
1087-OF ANY OTHER LAW OF A
1088-MEMBER STATE THAT IS NOT INCONSISTENT WITH
1089-THE
1090-COMPACT.
1091-B. A
1092-NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL
1093-REQUIREMENTS IN A
1094-MEMBER STATE IN CONFLICT WITH THE COMPACT ARE
1095-SUPERSEDED TO THE EXTENT OF THE CONFLICT
1096-.
1097-C. A
1098-LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND
1099-THE
1100-MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS .
974+LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION10
975+AND THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR11
976+TERMS.12
1101977 24-60-4403. Notice to revisor of statutes. T
1102-HIS PART 44 TAKES
1103-EFFECT ON THE DATE THE
1104-COMPACT IS ENACTED INTO LAW IN THE TENTH
1105-COMPACT STATE. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
1106-EDUCATION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN THE
1107-CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED BY E
1108--MAILING THE
1109-NOTICE TO REVISOROFSTATUTES
1110-.GA@COLEG.GOV. THIS PART 44 TAKES
1111-EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE
1112-COMPACT IS
1113-ENACTED INTO LAW IN THE TENTH
1114-COMPACT STATE OR UPON THE DATE OF
1115-THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE DOES NOT SPECIFY
1116-A DIFFERENT DATE
1117-.
978+HIS PART 44 TAKES13
979+EFFECT ON THE DATE THE COMPACT IS ENACTED INTO LAW IN THE TENTH14
980+C
981+OMPACT STATE. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF15
982+EDUCATION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN16
983+THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED BY E -MAILING17
984+THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS PART 4418
985+TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE19
986+C
987+OMPACT IS ENACTED INTO LAW IN THE TENTH COMPACT STATE OR UPON20
988+THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE21
989+DOES NOT SPECIFY A DIFFERENT DATE.22
1118990 24-60-4404. Repeal of part. I
1119-F THE REVISOR OF STATUTES HAS NOT
1120-RECEIVED THE NOTICE REQUIRED BY SECTION
1121-24-60-4403 BY JUNE 29, 2026,
991+F THE REVISOR OF STATUTES HAS
992+23
993+NOT RECEIVED THE NOTICE REQUIRED BY SECTION 24-60-4403 BY JUNE 29,24
994+2026,
1122995 THIS PART 44 IS REPEALED EFFECTIVE JUNE 30, 2026.
1123-SECTION 2. Act subject to petition - effective date. This act
1124-takes effect at 12:01 a.m. on the day following the expiration of the
1125-ninety-day period after final adjournment of the general assembly; except
1126-that, if a referendum petition is filed pursuant to section 1 (3) of article V
1127-of the state constitution against this act or an item, section, or part of this act
1128-within such period, then the act, item, section, or part will not take effect
1129-unless approved by the people at the general election to be held in
1130-PAGE 22-HOUSE BILL 23-1064 November 2024 and, in such case, will take effect on the date of the official
1131-declaration of the vote thereon by the governor.
1132-____________________________ ____________________________
1133-Julie McCluskie Steve Fenberg
1134-SPEAKER OF THE HOUSE PRESIDENT OF
1135-OF REPRESENTATIVES THE SENATE
1136-____________________________ ____________________________
1137-Robin Jones Cindi L. Markwell
1138-CHIEF CLERK OF THE HOUSE SECRETARY OF
1139-OF REPRESENTATIVES THE SENATE
1140- APPROVED________________________________________
1141- (Date and Time)
1142- _________________________________________
1143- Jared S. Polis
1144- GOVERNOR OF THE STATE OF COLORADO
1145-PAGE 23-HOUSE BILL 23-1064
996+25
997+SECTION 2. Act subject to petition - effective date. This act26
998+takes effect at 12:01 a.m. on the day following the expiration of the27
999+1064
1000+-26- ninety-day period after final adjournment of the general assembly; except1
1001+that, if a referendum petition is filed pursuant to section 1 (3) of article V2
1002+of the state constitution against this act or an item, section, or part of this3
1003+act within such period, then the act, item, section, or part will not take4
1004+effect unless approved by the people at the general election to be held in5
1005+November 2024 and, in such case, will take effect on the date of the6
1006+official declaration of the vote thereon by the governor.7
1007+1064
1008+-27-