HOUSE BILL 23-1064
BY REPRESENTATIVE(S) Lukens and Young, Bird, Boesenecker,
Brown, Daugherty, Dickson, Duran, English, Epps, Froelich, Hamrick,
Herod, Jodeh, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, Marshall,
Martinez, McCormick, McLachlan, Michaelson Jenet, Ricks, Sharbini,
Sirota, Snyder, Story, Titone, Valdez, Velasco, Willford, Woodrow,
McCluskie, Amabile, deGruy Kennedy, Ortiz;
also SENATOR(S) Marchman and Kolker, Bridges, Buckner, Coleman,
Cutter, Danielson, Exum, Fields, Ginal, Gonzales, Jaquez Lewis, Moreno,
Mullica, Priola, Roberts, Rodriguez, Winter F., Zenzinger, Fenberg.
C
ONCERNING THE ENACTMENT OF THE "INTERSTATE TEACHER MOBILITY
COMPACT".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 44 to article
60 of title 24 as follows:
PART 44
INTERSTATE TEACHER MOBILITY COMPACT
24-60-4401. Short title. T
HE SHORT TITLE OF THIS PART 44 IS THE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. "INTERSTATE TEACHER MOBILITY COMPACT".
24-60-4402. Compact approved and ratified. T
HE GENERAL
ASSEMBLY APPROVES AND RATIFIES
, AND THE GOVERNOR SHALL ENTER INTO,
A COMPACT ON BEHALF OF THE STATE OF COLORADO WITH ANY OF THE
UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THEREIN IN THE
FORM SUBSTANTIALLY AS FOLLOWS
:
ARTICLE I- PURPOSE
T
HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE MOBILITY OF
TEACHERS ACROSS THE MEMBER STATES, WITH THE GOAL OF SUPPORTING
TEACHERS THROUGH A NEW PATHWAY TO LICENSURE . THROUGH THIS
COMPACT, THE MEMBER STATES SEEK TO ESTABLISH A COLLECTIVE
REGULATORY FRAMEWORK THAT EXPEDITES AND ENHANCES THE ABILITY OF
TEACHERS TO MOVE ACROSS STATE LINES. THIS COMPACT IS INTENDED TO
ACHIEVE THE FOLLOWING OBJECTIVES AND SHOULD BE INTERPRETED
ACCORDINGLY
. THE MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS
BY SUBSCRIBING HERETO
.
A. C
REATE A STREAMLINED PATHWAY TO LICENSURE MOBILITY FOR
TEACHERS;
B. S
UPPORT THE RELOCATION OF ELIGIBLE MILITARY SPOUSES;
C. F
ACILITATE AND ENHANCE THE EXCHANGE OF LICENSURE ,
INVESTIGATIVE, AND DISCIPLINARY INFORMATION BETWEEN THE MEMBER
STATES;
D. E
NHANCE THE POWER OF STATE AND DISTRICT LEVEL EDUCATION
OFFICIALS TO HIRE QUALIFIED
, COMPETENT TEACHERS BY REMOVING
BARRIERS TO THE EMPLOYMENT OF OUT
-OF-STATE TEACHERS;
E. S
UPPORT THE RETENTION OF TEACHERS IN THE PROFESSION BY
REMOVING BARRIERS TO RELICENSURE IN A NEW
STATE; AND
F. MAINTAIN STATE SOVEREIGNTY IN THE REGULATION OF THE
TEACHING PROFESSION
.
ARTICLE II- DEFINITIONS
PAGE 2-HOUSE BILL 23-1064 AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED ,
THE FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN :
A. "A
CTIVE MILITARY MEMBER" - MEANS ANY PERSON WITH
FULL
-TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES,
INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE.
B. "A
DVERSE ACTION" - MEANS ANY LIMITATION OR RESTRICTION
IMPOSED BY A
MEMBER STATE'S LICENSING AUTHORITY, SUCH AS
REVOCATION
, SUSPENSION, REPRIMAND, PROBATION, OR LIMITATION ON THE
LICENSEE
'S ABILITY TO WORK AS A TEACHER.
C. "B
YLAWS" - MEANS THOSE BYLAWS ESTABLISHED BY THE
COMMISSION.
D. "C
AREER AND TECHNICAL EDUCATION LICENSE" - MEANS A
CURRENT
, VALID AUTHORIZATION ISSUED BY A MEMBER STATE'S LICENSING
AUTHORITY ALLOWING AN INDIVIDUAL TO SERVE AS A TEACHER IN P-12
PUBLIC EDUCATIONAL SETTINGS IN A SPECIFIC CAREER AND TECHNICAL
EDUCATION AREA
.
E. "C
HARTER MEMBER STATES" - MEANS A MEMBER STATE THAT
HAS ENACTED LEGISLATION TO ADOPT THIS
COMPACT WHERE SUCH
LEGISLATION PREDATES THE INITIAL MEETING OF THE
COMMISSION AFTER
THE EFFECTIVE DATE OF THE
COMPACT.
F. "C
OMMISSION" - MEANS THE INTERSTATE ADMINISTRATIVE BODY
WHICH MEMBERSHIP CONSISTS OF DELEGATES OF ALL
STATES THAT HAVE
ENACTED THIS
COMPACT, AND WHICH IS KNOWN AS THE INTERSTATE
TEACHER MOBILITY COMPACT COMMISSION.
G. "C
OMMISSIONER" - MEANS THE DELEGATE OF A MEMBER STATE.
H. "E
LIGIBLE LICENSE" - MEANS A LICENSE TO ENGAGE IN THE
TEACHING PROFESSION WHICH REQUIRES AT LEAST A BACHELOR
'S DEGREE
AND THE COMPLETION OF A STATE APPROVED PROGRAM FOR
TEACHER
LICENSURE
.
I. "E
LIGIBLE MILITARY SPOUSE" - MEANS THE SPOUSE OF ANY
INDIVIDUAL IN FULL
-TIME DUTY STATUS IN THE ACTIVE ARMED FORCES OF
PAGE 3-HOUSE BILL 23-1064 THE UNITED STATES INCLUDING MEMBERS OF THE NATIONAL GUARD AND
RESERVE MOVING AS A RESULT OF A MILITARY MISSION OR MILITARY CAREER
PROGRESSION REQUIREMENTS OR ARE ON THEIR TERMINAL MOVE AS A
RESULT OF SEPARATION OR RETIREMENT
(TO INCLUDE SURVIVING SPOUSES
OF DECEASED MILITARY MEMBERS
).
J. "E
XECUTIVE COMMITTEE" - MEANS A GROUP OF COMMISSIONERS
ELECTED OR APPOINTED TO ACT ON BEHALF OF
, AND WITHIN THE POWERS
GRANTED TO THEM BY
, THE COMMISSION AS PROVIDED FOR HEREIN .
K. "L
ICENSING AUTHORITY" - MEANS AN OFFICIAL, AGENCY, BOARD,
OR OTHER ENTITY OF A STATE THAT IS RESPONSIBLE FOR THE LICENSING AND
REGULATION OF
TEACHERS AUTHORIZED TO TEACH IN P-12 PUBLIC
EDUCATIONAL SETTINGS
.
L. "M
EMBER STATE" - MEANS ANY STATE THAT HAS ADOPTED THIS
COMPACT, INCLUDING ALL AGENCIES AND OFFICIALS OF SUCH A STATE.
M. "R
ECEIVING STATE" - MEANS ANY STATE WHERE A TEACHER HAS
APPLIED FOR LICENSURE UNDER THIS
COMPACT.
N. "R
ULE" - MEANS ANY REGULATION PROMULGATED BY THE
COMMISSION UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF LAW
IN EACH
MEMBER STATE.
O. "S
TATE" - MEANS A STATE, TERRITORY, OR POSSESSION OF THE
UNITED STATES, AND THE DISTRICT OF COLUMBIA.
P. "S
TATE PRACTICE LAWS" - MEANS A MEMBER STATE'S LAWS,
R
ULES, AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION ,
DEFINE THE SCOPE OF SUCH PROFESSION , AND CREATE THE METHODS AND
GROUNDS FOR IMPOSING DISCIPLINE
.
Q. "S
TATE SPECIFIC REQUIREMENTS" - MEANS A REQUIREMENT FOR
LICENSURE COVERED IN COURSEWORK OR EXAMINATION THAT INCLUDES
CONTENT OF UNIQUE INTEREST TO THE
STATE.
R. "T
EACHER" - MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN
AUTHORIZATION FROM A
MEMBER STATE THAT FORMS THE BASIS FOR
EMPLOYMENT IN THE
P-12 PUBLIC SCHOOLS OF THE STATE TO PROVIDE
PAGE 4-HOUSE BILL 23-1064 INSTRUCTION IN A SPECIFIC SUBJECT AREA , GRADE LEVEL, OR STUDENT
POPULATION
.
S. "U
NENCUMBERED LICENSE" - MEANS A CURRENT , VALID
AUTHORIZATION ISSUED BY A
MEMBER STATE'S LICENSING AUTHORITY
ALLOWING AN INDIVIDUAL TO SERVE AS A
TEACHER IN P-12 PUBLIC
EDUCATIONAL SETTINGS
. AN UNENCUMBERED LICENSE IS NOT A
RESTRICTED
, PROBATIONARY, PROVISIONAL, SUBSTITUTE, OR TEMPORARY
CREDENTIAL
.
ARTICLE III- LICENSURE UNDER THE COMPACT
A. L
ICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE INITIAL
GRANT OF A LICENSE BY THE
RECEIVING STATE. NOTHING HEREIN APPLIES
TO ANY SUBSEQUENT OR ONGOING COMPLIANCE REQUIREMENTS THAT A
RECEIVING STATE MIGHT REQUIRE FOR TEACHERS.
B. E
ACH MEMBER STATE SHALL, IN ACCORDANCE WITH THE RULES
OF THE
COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESSARY, A LIST
OF
ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION LICENSES
THAT THE
MEMBER STATE IS WILLING TO CONSIDER FOR EQUIVALENCY
UNDER THIS
COMPACT AND PROVIDE THE LIST TO THE COMMISSION. THE LIST
SHALL INCLUDE THOSE LICENSES THAT A
RECEIVING STATE IS WILLING TO
GRANT TO
TEACHERS FROM OTHER MEMBER STATES, PENDING A
DETERMINATION OF EQUIVALENCY BY THE
RECEIVING STATE'S LICENSING
AUTHORITY.
C. U
PON THE RECEIPT OF AN APPLICATION FOR LICENSURE BY A
TEACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE RECEIVING
STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE'S ELIGIBLE
LICENSES THE TEACHER IS QUALIFIED TO HOLD AND SHALL GRANT SUCH A
LICENSE OR LICENSES TO THE APPLICANT
. SUCH A DETERMINATION SHALL BE
MADE IN THE SOLE DISCRETION OF THE
RECEIVING STATE'S LICENSING
AUTHORITY AND MAY INCLUDE A DETERMI NATION THAT THE APPLICANT IS
NOT ELIGIBLE FOR ANY OF THE
RECEIVING STATE'S ELIGIBLE LICENSES. FOR
ALL
TEACHERS WHO HOLD AN UNENCUMBERED LICENSE, THE RECEIVING
STATE SHALL GRANT ONE OR MORE UNENCUMBERED LICENSE(S) THAT, IN
THE
RECEIVING STATE'S SOLE DISCRETION, ARE EQUIVALENT TO THE
LICENSE
(S) HELD BY THE TEACHER IN ANY OTHER MEMBER STATE.
PAGE 5-HOUSE BILL 23-1064 D. FOR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY
SPOUSES WHO HOLD A LICENSE THAT IS NOT UNENCUMBERED, THE
RECEIVING STATE SHALL GRANT AN EQUIVALENT LICENSE OR LICENSES
THAT
, IN THE RECEIVING STATE'S SOLE DISCRETION, IS EQUIVALENT TO THE
LICENSE OR LICENSES HELD BY THE
TEACHER IN ANY OTHER MEMBER STATE,
EXCEPT WHERE THE RECEIVING STATE DOES NOT HAVE AN EQUIVALENT
LICENSE
.
E. F
OR A TEACHER HOLDING AN UNENCUMBERED CAREER AND
TECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN
UNENCUMBERED LICENSE EQUIVALENT TO THE CAREER AND TECHNICAL
EDUCATION LICENSE HELD BY THE APPLYING TEACHER AND ISSUED BY
ANOTHER
MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN ITS
SOLE DISCRETION
, EXCEPT WHERE A CAREER AND TECHNICAL EDUCATION
TEACHER DOES NOT HOLD A BACHELOR 'S DEGREE AND THE RECEIVING
STATE REQUIRES A BACHELOR'S DEGREE FOR LICENSES TO TEACH CAREER
AND
TECHNICAL EDUCATION. A RECEIVING STATE MAY REQUIRE CAREER
AND
TECHNICAL EDUCATION TEACHERS TO MEET STATE INDUSTRY
RECOGNIZED REQUIREMENTS
, IF REQUIRED BY LAW IN THE RECEIVING STATE.
ARTICLE IV- LICENSURE NOT UNDER THE COMPACT
A. E
XCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS
COMPACT SHALL BE CONSTRUED TO LIMIT OR INHIBIT THE POWER OF A
MEMBER STATE TO REGULATE LICENSURE OR ENDORSEMENTS OVERSEEN BY
THE
MEMBER STATE'S LICENSING AUTHORITY.
B. W
HEN A TEACHER IS REQUIRED TO RENEW A LICENSE RECEIVED
PURSUANT TO THIS
COMPACT, THE STATE GRANTING SUCH A LICENSE MAY
REQUIRE THE
TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS A
CONDITION OF LICENSURE RENEWAL OR ADVANCEMENT IN THAT
STATE.
C. F
OR THE PURPOSES OF DETERMINING COMPENSATION , A
RECEIVING STATE MAY REQUIRE ADDITIONAL INFORMATION FROM
TEACHERS RECEIVING A LICENSE UNDER THE PROVISIONS OF THIS COMPACT.
D. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO LIMIT THE
POWER OF A
MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP OF ITS
INFORMATION PERTAINING TO
TEACHERS, OR LIMIT THE APPLICATION OF A
MEMBER STATE'S LAWS OR REGULATIONS GOVERNING THE OWNERSHIP , USE,
PAGE 6-HOUSE BILL 23-1064 OR DISSEMINATION OF INFORMATION PERTAINING TO TEACHERS.
E. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR ALTER ANY EXISTING AGREEMENT OR OTHER COOPERATIVE
ARRANGEMENT WHICH A
MEMBER STATE MAY ALREADY BE A PARTY TO, OR
LIMIT THE ABILITY OF A
MEMBER STATE TO PARTICIPATE IN ANY FUTURE
AGREEMENT OR OTHER COOPERATIVE ARRANGEMENT TO
:
1. A
WARD TEACHING LICENSES OR OTHER BENEFITS BASED ON
ADDITIONAL PROFESSIONAL CREDENTIALS
, INCLUDING, BUT NOT LIMITED TO,
N
ATIONAL BOARD CERTIFICATION;
2. P
ARTICIPATE IN THE EXCHANGE OF NAMES OF TEACHERS WHOSE
LICENSE HAS BEEN SUBJECT TO AN
ADVERSE ACTION BY A MEMBER STATE;
OR
3. PARTICIPATE IN ANY AGREEMENT OR COOPERATIVE
ARRANGEMENT WITH A NON
-MEMBER STATE.
ARTICLE V- TEACHER QUALIFICATIONS AND
REQUIREMENTS FOR LICENSURE UNDER THE COMPACT
A. E
XCEPT AS PROVIDED FOR ACTIVE MILITARY MEMBERS OR
ELIGIBLE MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY
ONLY BE ELIGIBLE TO RECEIVE A LICENSE UNDER THIS
COMPACT WHERE
THAT
TEACHER HOLDS AN UNENCUMBERED LICENSE IN A MEMBER STATE.
B. A
TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS
COMPACT SHALL, UNLESS OTHERWISE PROVIDED FOR HEREIN :
1. U
PON THEIR APPLICATION TO RECEIVE A LICENSE UNDER THIS
COMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE RECEIVING
STATE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE
RECEIVING STATE; AND
2. PROVIDE THE RECEIVING STATE WITH INFORMATION IN ADDITION
TO THE INFORMATION REQUIRED FOR LICENSURE FOR THE PURPOSES OF
DETERMINING COMPENSATION
, IF APPLICABLE.
ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS
PAGE 7-HOUSE BILL 23-1064 A. NOTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED TO
LIMIT THE AUTHORITY OF A
MEMBER STATE TO INVESTIGATE OR IMPOSE
DISCIPLINARY MEASURES ON
TEACHERS ACCORDING TO THE STATE
PRACTICE LAWS THEREOF.
B. M
EMBER STATES SHALL BE AUTHORIZED TO RECEIVE, AND SHALL
PROVIDE
, FILES AND INFORMATION REGARDING THE INVESTIGATION AND
DISCIPLINE
, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON
REQUEST
. ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES
SHALL PROTECT AND MAINTAIN THE SECURITY AND CONFIDENTIALITY
THEREOF
, IN AT LEAST THE SAME MANNER THAT IT MAINTAINS ITS OWN
INVESTIGATORY OR DISCIPLINARY FILES AND INFORMATION
. PRIOR TO
DISCLOSING ANY DISCIPLINARY OR INVESTIGATORY INFORMATION RECEIVED
FROM ANOTHER
MEMBER STATE, THE DISCLOSING STATE SHALL
COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH DISCLOSURE TO THE
MEMBER STATE WHICH ORIGINALLY PROVIDED THAT INFORMATION .
ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE
TEACHER MOBILITY COMPACT COMMISSION
A. T
HE INTERSTATE COMPACT MEMBER STATES HEREBY CREATE
AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE
INTERSTATE
TEACHER MOBILITY COMPACT COMMISSION:
1. T
HE COMMISSION IS A JOINT INTERSTATE GOVERNMENTAL AGENCY
COMPRISED OF
STATES THAT HAVE ENACTED THE INTERSTATE TEACHER
MOBILITY COMPACT.
2. N
OTHING IN THIS INTERSTATE COMPACT SHALL BE CONSTRUED TO
BE A WAIVER OF SOVEREIGN IMMUNITY
.
B. Membership, Voting, and Meetings
1. E
ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1)
DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE TITLE OF
COMMISSIONER.
2. T
HE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE
OFFICER OF THE
STATE LICENSING AUTHORITY OR THEIR DESIGNEE.
PAGE 8-HOUSE BILL 23-1064 3. ANY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM
OFFICE AS PROVIDED BY THE LAW OF THE
STATE FROM WHICH THE
COMMISSIONER IS APPOINTED.
4. T
HE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN
THE
COMMISSION WITHIN NINETY (90) DAYS.
5. E
ACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE ABOUT
THE PROMULGATION OF
RULES AND CREATION OF BYLAWS AND SHALL
OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND
AFFAIRS OF THE
COMMISSION. A COMMISSIONER SHALL VOTE IN PERSON OR
BY SUCH OTHER MEANS AS PROVIDED IN THE
BYLAWS. THE BYLAWS MAY
PROVIDE FOR
COMMISSIONERS' PARTICIPATION IN MEETINGS BY TELEPHONE
OR OTHER MEANS OF COMMUNICATION
.
6. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
CALENDAR YEAR
. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN
THE
BYLAWS.
7. T
HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE
FOR
COMMISSIONERS.
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND
DUTIES
:
1. E
STABLISH A CODE OF ETHICS FOR THE COMMISSION.
2. E
STABLISH THE FISCAL YEAR OF THE COMMISSION.
3. E
STABLISH BYLAWS FOR THE COMMISSION.
4. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE
BYLAWS OF THE COMMISSION.
5. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE
PROVISIONS OF THIS INTERSTATE COMPACT
, THE BYLAWS, AND RULES OF
THE
COMMISSION.
6. P
ROMULGATE UNIFORM RULES TO IMPLEMENT AND ADMINISTER
THIS INTERSTATE COMPACT
. THE RULES SHALL HAVE THE FORCE AND EFFECT
PAGE 9-HOUSE BILL 23-1064 OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES. IN THE EVENT THE
COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT
IS BEYOND THE SCOPE OF THE PURPOSES OF THE
COMPACT, OR THE POWERS
GRANTED HEREUNDER
, THEN SUCH AN ACTION BY THE COMMISSION SHALL
BE INVALID AND HAVE NO FORCE AND EFFECT OF LAW
.
7. B
RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE
NAME OF THE
COMMISSION, PROVIDED THAT THE STANDING OF ANY MEMBER
STATE LICENSING AUTHORITY TO SUE OR BE SUED UNDER APPLICABLE LAW
SHALL NOT BE AFFECTED
.
8. P
URCHASE AND MAINTAIN INSURANCE AND BONDS .
9. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL ,
INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE, OR AN
ASSOCIATED NON
-GOVERNMENTAL ORGANIZATION THAT IS OPEN TO
MEMBERSHIP BY ALL STATES
.
10. H
IRE EMPLOYEES, ELECT, OR APPOINT OFFICERS , FIX
COMPENSATION
, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE
AUTHORITY TO CARRY OUT THE PURPOSES OF THE
COMPACT, AND ESTABLISH
THE
COMMISSION'S PERSONNEL POLICIES AND PROGRAMS RELATING TO
CONFLICTS OF INTEREST
, QUALIFICATIONS OF PERSONNEL , AND OTHER
RELATED PERSONNEL MATTERS
.
11. L
EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS
OF
, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL,
PERSONAL OR MIXED, PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
AVOID ANY APPEARANCE OF IMPROPRIETY
.
12. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR
MIXED
.
13. E
STABLISH A BUDGET AND MAKE EXPENDITURES .
14. B
ORROW MONEY.
15. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES
COMPOSED OF MEMBERS AND SUCH OTHER INTERESTED PERSONS AS MAY BE
PAGE 10-HOUSE BILL 23-1064 DESIGNATED IN THIS INTERSTATE COMPACT , RULES, OR BYLAWS.
16. P
ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE
WITH
, LAW ENFORCEMENT AGENCIES .
17. E
STABLISH AND ELECT AN EXECUTIVE COMMITTEE.
18. E
STABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE
INFORMATION GOVERNANCE COMMITTEE TO ADVISE ON FACILITATING
EXCHANGE OF INFORMATION
; USE OF INFORMATION, DATA PRIVACY, AND
TECHNICAL SUPPORT NEEDS
, AND PROVIDE REPORTS AS NEEDED.
19. P
ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS INTERSTATE COMPACT
CONSISTENT WITH THE
STATE REGULATION OF TEACHER LICENSURE.
20. D
ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT
THE
STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE COMPACT.
D. The Executive Committee of the Interstate Teacher Mobility
Compact Commission
1. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON
BEHALF OF THE
COMMISSION ACCORDING TO THE TERMS OF THIS INTERSTATE
COMPACT
.
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF EIGHT
VOTING MEMBERS
:
a. T
HE COMMISSION CHAIR, VICE CHAIR, AND TREASURER; AND
b. FIVE MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM THE
CURRENT MEMBERSHIP
:
i. F
OUR VOTING MEMBERS REPRESENTING GEOGRAPHIC REGIONS IN
ACCORDANCE WITH
COMMISSION RULES; AND
ii. ONE AT LARGE VOTING MEMBER IN ACCORDANCE WITH
COMMISSION RULES.
PAGE 11-HOUSE BILL 23-1064 3. THE COMMISSION MAY ADD OR REMOVE MEMBERS OF THE
EXECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES.
4. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE
ANNUALLY
.
5. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES
AND RESPONSIBILITIES
:
a. R
ECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES
OR
BYLAWS, CHANGES TO THE COMPACT LEGISLATION, FEES PAID BY
INTERSTATE COMPACT
MEMBER STATES SUCH AS ANNUAL DUES, AND ANY
COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE
COMMISSION.
b. E
NSURE COMMISSION ADMINISTRATION SERVICES ARE
APPROPRIATELY PROVIDED
, CONTRACTUAL OR OTHERWISE .
c. P
REPARE AND RECOMMEND THE BUDGET .
d. M
AINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION.
e. M
ONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE
REPORTS TO THE
COMMISSION.
f. P
ERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
6. Meetings of the Commission
a. A
LL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE
OF MEETINGS SHALL BE GIVEN IN ACCORDANCE WITH
COMMISSION BYLAWS.
b. T
HE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER
COMMITTEES OF THE
COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC
MEETING IF THE
COMMISSION OR EXECUTIVE COMMITTEE OR OTHER
COMMITTEES OF THE
COMMISSION MUST DISCUSS:
i. N
ON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS
UNDER THE
COMPACT.
PAGE 12-HOUSE BILL 23-1064 ii. THE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR OTHER
MATTERS
, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR
OTHER MATTERS RELATED TO THE
COMMISSION'S INTERNAL PERSONNEL
PRACTICES AND PROCEDURES
.
iii. C
URRENT, THREATENED, OR REASONABLY ANTICIPATED
LITIGATION
.
iv. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE , LEASE, OR SALE
OF GOODS
, SERVICES, OR REAL ESTATE.
v. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING
ANY PERSON
.
vi. D
ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL
INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL
.
vii. D
ISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE
DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF
PERSONAL PRIVACY
.
viii. D
ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW
ENFORCEMENT PURPOSES
.
ix. D
ISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE
REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE OF THE
COMMISSION
OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION
OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE
COMPACT.
x. M
ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY
FEDERAL OR
MEMBER STATE STATUTE.
xi. O
THER MATTERS AS SET FORTH BY COMMISSION BYLAWS AND
RULES.
c. I
F A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO
THIS PROVISION
, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL
CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH
RELEVANT EXEMPTING PROVISION
.
PAGE 13-HOUSE BILL 23-1064 d. THE COMMISSION SHALL KEEP MINUTES OF COMMISSION
MEETINGS AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF
ACTIONS TAKEN
, AND THE REASONS THEREFORE, INCLUDING A DESCRIPTION
OF THE VIEWS EXPRESSED
. ALL DOCUMENTS CONSIDERED IN CONNECTION
WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES
. ALL MINUTES AND
DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL
, SUBJECT TO
RELEASE BY A MAJORITY VOTE OF THE
COMMISSION OR ORDER OF A COURT
OF COMPETENT JURISDICTION
.
7. Financing of the Commission
a. T
HE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF,
THE REASONABLE EXPENSES OF ITS ESTABLISHMENT , ORGANIZATION, AND
ONGOING ACTIVITIES
.
b. T
HE COMMISSION MAY ACCEPT ALL APPROPRIATE DONATIONS AND
GRANTS OF MONEY
, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND
RECEIVE
, UTILIZE, AND DISPOSE OF THE SAME, PROVIDED THAT AT ALL TIMES
THE
COMMISSION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR
CONFLICT OF INTEREST
.
c. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL
ASSESSMENT FROM EACH
MEMBER STATE OR IMPOSE FEES ON OTHER
PARTIES TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF THE
COMMISSION, IN ACCORDANCE WITH THE COMMISSION RULES.
d. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND
PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME
; NOR SHALL
THE
COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES,
EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER STATE.
e. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
RECEIPTS AND DISBURSEMENTS
. THE RECEIPTS AND DISBURSEMENTS OF THE
COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCEDURES ESTABLISHED
UNDER
COMMISSION BYLAWS. ALL RECEIPTS AND DISBURSEMENTS OF FUNDS
OF THE
COMMISSION SHALL BE REVIEWED ANNUALLY IN ACCORDANCE WITH
COMMISSION BYLAWS, AND A REPORT OF THE REVIEW SHALL BE INCLUDED
IN AND BECOME PART OF THE ANNUAL REPORT OF THE
COMMISSION.
8. Qualified Immunity, Defense, and Indemnification
PAGE 14-HOUSE BILL 23-1064 a. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES, AND
REPRESENTATIVES OF THE
COMMISSION SHALL BE IMMUNE FROM SUIT AND
LIABILITY
, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY , FOR ANY
CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR
OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR
ALLEGED ACT
, ERROR, OR OMISSION THAT OCCURRED, OR THAT THE PERSON
AGAINST WHOM THE CLAIM IS MADE HAD A REAS ONABLE BASIS FOR
BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT ,
DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR
LIABILITY FOR ANY DAMAGE
, LOSS, INJURY, OR LIABILITY CAUSED BY THE
INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON
.
b. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,
EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY
ACTUAL OR ALLEGED ACT
, ERROR, OR OMISSION THAT OCCURRED WITHIN THE
SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION
EMPLOYMENT
, DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING
HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM RETAINING
HIS OR HER OWN COUNSEL
; AND PROVIDED FURTHER, THAT THE ACTUAL OR
ALLEGED ACT
, ERROR, OR OMISSION DID NOT RESULT FROM THAT PERSON 'S
INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT
.
c. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY
MEMBER
, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE
OF THE
COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT
OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED
ACT
, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR THAT SUCH
PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,
PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID
NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT
OF THAT PERSON
.
ARTICLE VIII- RULEMAKING
PAGE 15-HOUSE BILL 23-1064 A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS
PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERSTATE COMPACT AND
THE
RULES ADOPTED THEREUNDER . RULES AND AMENDMENTS SHALL
BECOME BINDING AS OF THE DATE SPECIFIED IN EACH
RULE OR AMENDMENT.
B. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES TO
ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT
. IN THE
EVENT THE
COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A
MANNER THAT IS BEYOND PURPOSE AND INTENT OF THIS INTERSTATE
COMPACT
, OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION BY
THE
COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT OF
LAW IN THE
MEMBER STATES.
C. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
REJECTS A
RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE
SAME MANNER USED TO ADOPT THE
COMPACT WITHIN FOUR (4) YEARS OF
THE DATE OF ADOPTION OF THE
RULE, THEN SUCH RULE SHALL HAVE NO
FURTHER FORCE AND EFFECT IN ANY
MEMBER STATE.
D. R
ULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED OR
RATIFIED AT A REGULAR OR SPECIAL MEETING OF THE
COMMISSION IN
ACCORDANCE WITH
COMMISSION RULES AND BYLAWS.
E. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE
COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH
FORTY
-EIGHT (48) HOURS' NOTICE, WITH OPPORTUNITY TO COMMENT ,
PROVIDED THAT THE USUAL RULEMAKING PROCEDURES SHALL BE
RETROACTIVELY APPLIED TO THE
RULE AS SOON AS REASONABLY POSSIBLE,
IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF
THE
RULE. FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS
ONE THAT MUST BE ADOPTED IMMEDIATELY IN ORDER TO
:
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR
WELFARE
.
2. P
REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS.
3. M
EET A DEADLINE FOR THE PROMULGATION OF AN
ADMINISTRATIVE
RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
PAGE 16-HOUSE BILL 23-1064 4. PROTECT PUBLIC HEALTH AND SAFETY .
ARTICLE IX- FACILITATING INFORMATION EXCHANGE
A. T
HE COMMISSION SHALL PROVIDE FOR FACILITATING THE
EXCHANGE OF INFORMATION TO ADMINISTER AND IMPLEMENT THE
PROVISIONS OF THIS
COMPACT IN ACCORDANCE WITH THE RULES OF THE
COMMISSION, CONSISTENT WITH GENERALLY ACCEPTED DATA PROTECTION
PRINCIPLES
.
B. N
OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED TO
ALTER
, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND
MAINTAIN OWNERSHIP OF ITS LICENSEE INFORMATION OR ALTER
, LIMIT, OR
INHIBIT THE LAWS OR REGULATIONS GOVERNING LICENSEE INFORMATION IN
THE
MEMBER STATE.
ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND
ENFORCEMENT
A. Oversight
1. T
HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT
IN EACH
MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL
ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE
COMPACT'S
PURPOSES AND INTENT
. THE PROVISIONS OF THIS COMPACT SHALL HAVE
STANDING AS STATUTORY LAW
.
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE
COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A COURT OF
COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE
COMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO
PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS
. NOTHING
HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN
ANY ACTION AGAINST A LICENSEE FOR PROFESSIONAL MALPRACTICE
,
MISCONDUCT, OR ANY SUCH SIMILAR MATTER.
3. A
LL COURTS AND ALL ADMINISTRATIVE AGENCIES SHALL TAKE
JUDICIAL NOTICE OF THE
COMPACT, THE RULES OF THE COMMISSION, AND
ANY INFORMATION PROVIDED TO A
MEMBER STATE PURSUANT THERETO IN
PAGE 17-HOUSE BILL 23-1064 ANY JUDICIAL OR QUASI-JUDICIAL PROCEEDING IN A MEMBER STATE
PERTAINING TO THE SUBJECT MATTER OF THIS
COMPACT, OR WHICH MAY
AFFECT THE POWERS
, RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.
4. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF
PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT OR
INTERPRETATION OF THE
COMPACT AND SHALL HAVE STANDING TO
INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES
. FAILURE TO PROVIDE
THE
COMMISSION SERVICE OF PROCESS SHALL RENDER A JUDGMENT OR
ORDER VOID AS TO THE
COMMISSION, THIS COMPACT, OR PROMULGATED
RULES.
B. Default, Technical Assistance, and Termination
1. I
F THE COMMISSION DETERMINES THAT A MEMBER STATE HAS
DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES
UNDER THIS
COMPACT OR THE PROMULGATED RULES, THE COMMISSION
SHALL
:
a. P
ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER
MEMBER STATES OF THE NATURE OF THE DEFAULT , THE PROPOSED MEANS
OF CURING THE DEFAULT
, OR ANY OTHER ACTION TO BE TAKEN BY THE
COMMISSION; AND
b. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL
ASSISTANCE REGARDING THE DEFAULT
.
2. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE
DEFAULTING
STATE MAY BE TERMINATED FROM THE COMPACT UPON AN
AFFIRMATIVE VOTE OF A MAJORITY OF THE
COMMISSIONERS OF THE MEMBER
STATES, AND ALL RIGHTS, PRIVILEGES, AND BENEFITS CONFERRED ON THAT
STATE BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE OF
TERMINATION
. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING
STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
DEFAULT
.
3. T
ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE
IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE
BEEN EXHAUSTED
. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL BE
GIVEN BY THE
COMMISSION TO THE GOVERNOR , THE MAJORITY AND
PAGE 18-HOUSE BILL 23-1064 MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, THE STATE
LICENSING AUTHORITY, AND EACH OF THE MEMBER STATES.
4. A
STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL
ASSESSMENTS
, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE
EFFECTIVE DATE OF TERMINATION
, INCLUDING OBLIGATIONS THAT EXTEND
BEYOND THE EFFECTIVE DATE OF TERMINATION
.
5. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A
STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED
FROM THE
COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE
COMMISSION AND THE DEFAULTING STATE.
6. T
HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE
COMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT
OF
COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS
PRINCIPAL OFFICES
. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS
OF SUCH LITIGATION
, INCLUDING REASONABLE ATTORNEY 'S FEES.
C. Dispute Resolution
1. U
PON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL
ATTEMPT TO RESOLVE DISPUTES RELATED TO THE
COMPACT THAT ARISE
AMONG
MEMBER STATES AND BETWEEN MEMBER AND NON-MEMBER
STATES.
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR
BOTH BINDING AND NON
-BINDING ALTERNATIVE DISPUTE RESOLUTION FOR
DISPUTES AS APPROPRIATE
.
D. Enforcement
1. T
HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION
, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
2. B
Y MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL
ACTION IN THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS
PRINCIPAL OFFICES AGAINST A
MEMBER STATE IN DEFAULT TO ENFORCE
COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT AND ITS
PAGE 19-HOUSE BILL 23-1064 PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE
BOTH INJUNCTIVE RELIEF AND DAMAGES
. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY
, THE PREVAILING PARTY SHALL BE AWARDED
ALL COSTS OF SUCH LITIGATION
, INCLUDING REASONABLE ATTORNEY 'S FEES.
T
HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES
AVAILABLE UNDER FEDERAL OR
STATE LAW.
ARTICLE XI- EFFECTUATION, WITHDRAWAL,
AND AMENDMENT
A. T
HE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH
THE
COMPACT STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER
STATE.
1. O
N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE
COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH OF
THE
CHARTER MEMBER STATES TO DETERMINE IF THE STATUTE ENACTED BY
EACH SUCH
CHARTER MEMBER STATE IS MATERIALLY DIFFERENT FROM THE
MODEL
COMPACT STATUTE.
2. A
CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO BE
MATERIALLY DIFFERENT FROM THE MODEL
COMPACT STATUTE SHALL BE
ENTITLED TO THE DEFAULT PROCESS SET FORTH IN
ARTICLE X.
3. M
EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE
CHARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH
IN
ARTICLE VII.C.20 TO DETERMINE IF THEIR ENACTMENTS ARE MATERIALLY
DIFFERENT FROM THE MODEL
COMPACT STATUTE AND WHETHER THEY
QUALIFY FOR PARTICIPATION IN THE
COMPACT.
B. I
F ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR IS
TERMINATED OR WITHDRAWS FROM THE
COMPACT, THE COMMISSION SHALL
REMAIN IN EXISTENCE AND THE
COMPACT SHALL REMAIN IN EFFECT EVEN IF
THE NUMBER OF
MEMBER STATES SHOULD BE LESS THAN TEN.
C. A
NY STATE THAT JOINS THE COMPACT AFTER THE COMMISSION'S
INITIAL ADOPTION OF THE
RULES AND BYLAWS SHALL BE SUBJECT TO THE
RULES AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE COMPACT
BECOMES LAW IN THAT
STATE. ANY RULE THAT HAS BEEN PREVIOUSLY
PAGE 20-HOUSE BILL 23-1064 ADOPTED BY THE COMMISSION SHALL HAVE THE FULL FORCE AND EFFECT OF
LAW ON THE DAY THE
COMPACT BECOMES LAW IN THAT STATE, AS THE
RULES AND BYLAWS MAY BE AMENDED AS PROVIDED IN THIS COMPACT.
D. A
NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY
ENACTING A STATUTE REPEALING THE SAME
.
1. A
MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL
SIX
(6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE .
2. W
ITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT
OF THE WITHDRAWING
STATE'S LICENSING AUTHORITY TO COMPLY WITH THE
INVESTIGATIVE AND
ADVERSE ACTION REPORTING REQUIREMENTS OF THIS
ACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL
.
E. T
HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO
AMENDMENT TO THIS
COMPACT SHALL BECOME EFFECTIVE AND BINDING
UPON ANY
MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL
MEMBER STATES.
ARTICLE XII- CONSTRUCTION AND SEVERABILITY
T
HIS COMPACT SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE
THE PURPOSES THEREOF
. THE PROVISIONS OF THIS COMPACT SHALL BE
SEVERABLE AND IF ANY PHRASE
, CLAUSE, SENTENCE, OR PROVISION OF THIS
COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY
MEMBER STATE OR A STATE SEEKING MEMBERSHIP IN THE COMPACT, OR OF
THE
UNITED STATES OR THE APPLICABILITY THEREOF TO ANY OTHER
GOVERNMENT
, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE
VALIDITY OF THE REMAINDER OF THIS
COMPACT AND THE APPLICABILITY
THEREOF TO ANY GOVERNMENT
, AGENCY, PERSON, OR CIRCUMSTANCE SHALL
NOT BE AFFECTED THEREBY
. IF THIS COMPACT SHALL BE HELD CONTRARY TO
THE CONSTITUTION OF ANY
MEMBER STATE, THE COMPACT SHALL REMAIN
IN FULL FORCE AND EFFECT AS TO THE REMAINING
MEMBER STATES AND IN
FULL FORCE AND EFFECT AS TO THE
MEMBER STATE AFFECTED AS TO ALL
SEVERABLE MATTERS
.
ARTICLE XIII- CONSISTENT EFFECT AND
CONFLICT WITH OTHER STATE LAWS
PAGE 21-HOUSE BILL 23-1064 A. NOTHING HEREIN SHALL PREVENT OR INHIBIT THE ENFORCEMENT
OF ANY OTHER LAW OF A
MEMBER STATE THAT IS NOT INCONSISTENT WITH
THE
COMPACT.
B. A
NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL
REQUIREMENTS IN A
MEMBER STATE IN CONFLICT WITH THE COMPACT ARE
SUPERSEDED TO THE EXTENT OF THE CONFLICT
.
C. A
LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND
THE
MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS .
24-60-4403. Notice to revisor of statutes. T
HIS PART 44 TAKES
EFFECT ON THE DATE THE
COMPACT IS ENACTED INTO LAW IN THE TENTH
COMPACT STATE. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
EDUCATION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN THE
CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED BY E
-MAILING THE
NOTICE TO REVISOROFSTATUTES
.GA@COLEG.GOV. THIS PART 44 TAKES
EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE
COMPACT IS
ENACTED INTO LAW IN THE TENTH
COMPACT STATE OR UPON THE DATE OF
THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE DOES NOT SPECIFY
A DIFFERENT DATE
.
24-60-4404. Repeal of part. I
F THE REVISOR OF STATUTES HAS NOT
RECEIVED THE NOTICE REQUIRED BY SECTION
24-60-4403 BY JUNE 29, 2026,
THIS PART 44 IS REPEALED EFFECTIVE JUNE 30, 2026.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 22-HOUSE BILL 23-1064 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 23-HOUSE BILL 23-1064