| 1 | 1 | | 23 LC 49 1124 |
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| 2 | 2 | | H. B. 152 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 152 |
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| 5 | 5 | | By: Representatives Scott of the 76 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Davis of the 87 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and Schofield of the 63 |
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| 10 | 10 | | rd |
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| 11 | 11 | | |
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| 12 | 12 | | A BILL TO BE ENTITLED |
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| 13 | 13 | | AN ACT |
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| 14 | 14 | | To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to |
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| 15 | 15 | | 1 |
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| 16 | 16 | | adopt the Interstate Teacher Mobility Compact; to provide for a short title; to provide for the2 |
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| 17 | 17 | | purpose and policy of said compact; to provide for definitions; to provide for the licensures3 |
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| 18 | 18 | | that are and are not included in the compact; to provide for licensure qualifications and4 |
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| 19 | 19 | | requirements; to provide for construction; to provide for the establishment of the Interstate5 |
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| 20 | 20 | | Teacher Mobility Compact Commission; to provide for the members of said commission and6 |
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| 21 | 21 | | their service; to provide for an executive committee and its membership and duties; to7 |
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| 22 | 22 | | provide for the powers, duties, organization, and operations of the commission; to provide8 |
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| 23 | 23 | | for oversight, enforcement, and dispute resolution; to provide for financing of the interstate9 |
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| 24 | 24 | | commission; to provide for member states, effective date, and amendments; to provide for10 |
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| 25 | 25 | | withdrawal and dissolution; to provide for binding effect and other laws; to provide for11 |
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| 26 | 26 | | related matters; to repeal conflicting laws; and for other purposes.12 |
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| 27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
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| 28 | 28 | | SECTION 1.14 |
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| 29 | 29 | | Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by15 |
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| 30 | 30 | | adding a new chapter to read as follows:16 23 LC 49 1124 |
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| 31 | 31 | | H. B. 152 |
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| 32 | 32 | | - 2 - |
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| 33 | 33 | | "CHAPTER 1917 |
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| 34 | 34 | | 20-19-1.18 |
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| 35 | 35 | | This chapter shall be known and may be cited as the 'Interstate Teacher Mobility Compact.'19 |
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| 36 | 36 | | 20-19-2.20 |
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| 37 | 37 | | The Interstate Teacher Mobility Compact is enacted into law and entered into by the state21 |
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| 38 | 38 | | of Georgia with any and all states legally joining therein in the form substantially as22 |
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| 39 | 39 | | follows:23 |
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| 40 | 40 | | 'Interstate Teacher Mobility Compact24 |
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| 41 | 41 | | The Contracting states solemnly agree that:25 |
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| 42 | 42 | | ARTICLE I-PURPOSE26 |
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| 43 | 43 | | The purpose of this compact is to facilitate the mobility of teachers across the member27 |
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| 44 | 44 | | states, with the goal of supporting teachers through a new pathway to licensure. Through28 |
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| 45 | 45 | | this compact, the member states seek to establish a collective regulatory framework that29 |
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| 46 | 46 | | expedites and enhances the ability of teachers to move across state lines. This compact is30 |
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| 47 | 47 | | intended to achieve the following objectives and should be interpreted accordingly. The31 |
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| 48 | 48 | | member states hereby ratify the same intentions by subscribing hereto.32 |
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| 49 | 49 | | (1) Create a streamlined pathway to licensure mobility for teachers;33 |
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| 50 | 50 | | (2) Support the relocation of eligible military spouses;34 |
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| 51 | 51 | | (3) Facilitate and enhance the exchange of licensure, investigative, and disciplinary35 |
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| 52 | 52 | | information between the member states;36 |
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| 53 | 53 | | (4) Enhance the power of state and local level education officials to hire qualified,37 |
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| 54 | 54 | | competent teachers by removing barriers to the employment of out-of-state teachers;38 23 LC 49 1124 |
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| 55 | 55 | | H. B. 152 |
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| 56 | 56 | | - 3 - |
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| 57 | 57 | | (5) Support the retention of teachers in the profession by removing barriers to relicensure39 |
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| 58 | 58 | | in a new state; and40 |
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| 59 | 59 | | (6) Maintain state sovereignty in the regulation of the teaching profession.41 |
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| 60 | 60 | | ARTICLE II-DEFINITIONS42 |
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| 61 | 61 | | As used in this compact, and except as otherwise provided, the following definitions shall43 |
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| 62 | 62 | | govern the terms herein:44 |
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| 63 | 63 | | (1) 'Active military member' means any person with full-time duty status in the45 |
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| 64 | 64 | | uniformed service of the United States, including members of the National Guard and46 |
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| 65 | 65 | | Reserve.47 |
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| 66 | 66 | | (2) 'Adverse action' means any limitation or restriction imposed by a member state's48 |
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| 67 | 67 | | licensing authority, such as revocation, suspension, reprimand, probation, or limitation49 |
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| 68 | 68 | | on the licensee's ability to work as a teacher.50 |
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| 69 | 69 | | (3) 'Bylaws' means those bylaws established by the commission.51 |
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| 70 | 70 | | (4) 'Career and Technical Education License' means a current, valid authorization issued52 |
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| 71 | 71 | | by a member state's licensing authority allowing an individual to serve as a P-12 teacher53 |
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| 72 | 72 | | public educational settings in a specific career and technical education area.54 |
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| 73 | 73 | | (5) 'Charter member states' means a member state that has enacted legislation to adopt55 |
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| 74 | 74 | | this compact where such legislation predates the initial meeting of the commission after56 |
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| 75 | 75 | | the effective date of the compact.57 |
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| 76 | 76 | | (6) 'Commission' means the interstate administrative body which membership consists58 |
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| 77 | 77 | | of delegates of all states that have enacted this compact, and which is known as the59 |
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| 78 | 78 | | Interstate Teacher Mobility Compact Commission.60 |
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| 79 | 79 | | (7) 'Commissioner' means the delegate of a member state.61 |
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| 80 | 80 | | (8) 'Eligible license' means a license to engage in the teaching profession which requires62 |
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| 81 | 81 | | at least a bachelor's degree and the completion of a state approved program for teacher63 |
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| 82 | 82 | | licensure.64 23 LC 49 1124 |
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| 83 | 83 | | H. B. 152 |
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| 84 | 84 | | - 4 - |
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| 85 | 85 | | (9) 'Eligible military spouse' means the spouse of any individual in full-time duty status65 |
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| 86 | 86 | | in the active uniformed service of the United States including members of the National66 |
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| 87 | 87 | | Guard and Reserve on active duty moving as a result of a military mission or military67 |
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| 88 | 88 | | career progression requirements or are on their terminal move as a result of separation or68 |
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| 89 | 89 | | retirement (to include surviving spouses of deceased military members).69 |
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| 90 | 90 | | (10) 'Executive committee' means a group of commissioners elected or appointed to act70 |
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| 91 | 91 | | on behalf of, and within the powers granted to them by, the commission as provided for71 |
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| 92 | 92 | | herein.72 |
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| 93 | 93 | | (11) 'Licensing authority' means an official, agency, board, or other entity of a state that73 |
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| 94 | 94 | | is responsible for the licensing and regulation of teachers authorized to teach in P-1274 |
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| 95 | 95 | | public educational settings.75 |
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| 96 | 96 | | (12) 'Member state' means any state that has adopted this compact, including all agencies76 |
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| 97 | 97 | | and officials of such a state.77 |
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| 98 | 98 | | (13) 'Receiving state' means any state where a teacher has applied for licensure under this78 |
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| 99 | 99 | | compact.79 |
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| 100 | 100 | | (14) 'Rule' means any regulation promulgated by the commission under this compact,80 |
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| 101 | 101 | | which shall have the force of law in each member state.81 |
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| 102 | 102 | | (15) 'State' means a state, territory, or possession of the United States, and the District82 |
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| 103 | 103 | | of Columbia.83 |
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| 104 | 104 | | (16) 'State practice laws' means a member state's laws, rules, and regulations that govern84 |
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| 105 | 105 | | the teaching profession, define the scope of such profession, and create the methods and85 |
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| 106 | 106 | | grounds for imposing discipline.86 |
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| 107 | 107 | | (17) 'State specific requirements' means a requirement for licensure covered in87 |
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| 108 | 108 | | coursework or examination that includes content of unique interest to the state.88 |
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| 109 | 109 | | (18) 'Teacher' means an individual who currently holds an authorization from a member89 |
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| 110 | 110 | | state that forms the basis for employment in the P-12 public schools of the state to90 |
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| 111 | 111 | | provide instruction in a specific subject area, grade level, or student population.91 23 LC 49 1124 |
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| 112 | 112 | | H. B. 152 |
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| 113 | 113 | | - 5 - |
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| 114 | 114 | | (19) 'Unencumbered license' means a current, valid authorization issued by a member92 |
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| 115 | 115 | | state's licensing authority allowing an individual to serve as a teacher in P-12 public93 |
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| 116 | 116 | | educational settings. An unencumbered license is not a restricted, probationary,94 |
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| 117 | 117 | | provisional, substitute or temporary credential.95 |
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| 118 | 118 | | ARTICLE III-LICENSURE UNDER THE COMPACT96 |
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| 119 | 119 | | (a) Licensure under this compact pertains only to the initial grant of a license by the97 |
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| 120 | 120 | | receiving state. Nothing herein applies to any subsequent or ongoing compliance98 |
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| 121 | 121 | | requirements that a receiving state might require for teachers.99 |
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| 122 | 122 | | (b) Each member state shall, in accordance with the rules of the commission, define,100 |
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| 123 | 123 | | compile, and update as necessary, a list of eligible licenses and career and technical101 |
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| 124 | 124 | | education licenses that the member state is willing to consider for equivalency under this102 |
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| 125 | 125 | | compact and provide the list to the commission. The list shall include those licenses that103 |
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| 126 | 126 | | a receiving state is willing to grant to teachers from other member states, pending a104 |
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| 127 | 127 | | determination of equivalency by the receiving state's licensing authority.105 |
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| 128 | 128 | | (c) Upon the receipt of an application for licensure by a teacher holding an unencumbered106 |
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| 129 | 129 | | eligible license, the receiving state shall determine which of the receiving state's eligible107 |
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| 130 | 130 | | licenses the teacher is qualified to hold and shall grant such a license or licenses to the108 |
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| 131 | 131 | | applicant. Such a determination shall be made in the sole discretion of the receiving state's109 |
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| 132 | 132 | | licensing authority and may include a determination that the applicant is not eligible for110 |
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| 133 | 133 | | any of the receiving state's eligible licenses. For all teachers who hold an unencumbered111 |
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| 134 | 134 | | license, the receiving state shall grant one or more unencumbered license(s) that, in the112 |
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| 135 | 135 | | receiving state's sole discretion, are equivalent to the license(s) held by the teacher in any113 |
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| 136 | 136 | | other member state.114 |
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| 137 | 137 | | (d) For active military members and eligible military spouses who hold a license that is not115 |
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| 138 | 138 | | unencumbered, the receiving state shall grant an equivalent license or licenses that, in the116 |
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| 139 | 139 | | receiving state's sole discretion, is equivalent to the license or licenses held by the teacher117 23 LC 49 1124 |
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| 140 | 140 | | H. B. 152 |
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| 141 | 141 | | - 6 - |
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| 142 | 142 | | in any other member state, except where the receiving state does not have an equivalent118 |
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| 143 | 143 | | license.119 |
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| 144 | 144 | | (e) For a teacher holding an unencumbered career and technical education license, the120 |
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| 145 | 145 | | receiving state shall grant an unencumbered license equivalent to the career and technical121 |
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| 146 | 146 | | education license held by the applying teacher and issued by another member state, as122 |
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| 147 | 147 | | determined by the receiving state in its sole discretion, except where a career and technical123 |
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| 148 | 148 | | education teacher does not hold a bachelor's degree and the receiving state requires a124 |
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| 149 | 149 | | bachelor's degree for licenses to teach career and technical education. A receiving state125 |
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| 150 | 150 | | may require career and technical education teachers to meet state industry recognized126 |
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| 151 | 151 | | requirements, if required by law in the receiving state.127 |
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| 152 | 152 | | ARTICLE IV-LICENSURE NOT UNDER THE COMPACT128 |
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| 153 | 153 | | (a) Except as provided in Article III above, nothing in this compact shall be construed to129 |
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| 154 | 154 | | limit or inhibit the power of a member state to regulate licensure or endorsements overseen130 |
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| 155 | 155 | | by the member state's licensing authority.131 |
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| 156 | 156 | | (b) When a teacher is required to renew a license received pursuant to this compact, the132 |
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| 157 | 157 | | state granting such a license may require the teacher to complete state specific requirements133 |
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| 158 | 158 | | as a condition of licensure renewal or advancement in that state.134 |
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| 159 | 159 | | (c) For the purposes of determining compensation, a receiving state may require additional135 |
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| 160 | 160 | | information from teachers receiving a license under the provisions of this compact.136 |
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| 161 | 161 | | (d) Nothing in this compact shall be construed to limit the power of a member state to137 |
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| 162 | 162 | | control and maintain ownership of its information pertaining to teachers, or limit the138 |
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| 163 | 163 | | application of a member state's laws or regulations governing the ownership, use, or139 |
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| 164 | 164 | | dissemination of information pertaining to teachers.140 |
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| 165 | 165 | | (e) Nothing in this compact shall be construed to invalidate or alter any existing agreement141 |
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| 166 | 166 | | or other cooperative arrangement which a member state may already be a party to, or limit142 23 LC 49 1124 |
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| 167 | 167 | | H. B. 152 |
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| 168 | 168 | | - 7 - |
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| 169 | 169 | | the ability of a member state to participate in any future agreement or other cooperative143 |
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| 170 | 170 | | arrangement to:144 |
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| 171 | 171 | | (1) Award teaching licenses or other benefits based on additional professional145 |
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| 172 | 172 | | credentials, including, but not limited to National Board Certification;146 |
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| 173 | 173 | | (2) Participate in the exchange of names of teachers whose license has been subject to147 |
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| 174 | 174 | | an adverse action by a member state; or148 |
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| 175 | 175 | | (3) Participate in any agreement or cooperative arrangement with a non-member state.149 |
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| 176 | 176 | | ARTICLE V-TEACHER QUALIFICATIONS AND REQUIREMENTS 150 |
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| 177 | 177 | | FOR LICENSURE UNDER THE COMPACT151 |
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| 178 | 178 | | (a) Except as provided for active military members or eligible military spouses in152 |
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| 179 | 179 | | subsection (d) of Article III of this Code section, a teacher may only be eligible to receive153 |
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| 180 | 180 | | a license under this compact where that teacher holds an unencumbered license in a154 |
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| 181 | 181 | | member state.155 |
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| 182 | 182 | | (b) A teacher eligible to receive a license under this compact shall, unless otherwise156 |
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| 183 | 183 | | provided for herein:157 |
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| 184 | 184 | | (1) Upon his or her application to receive a license under this compact, undergo a158 |
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| 185 | 185 | | criminal background check in the receiving state in accordance with the laws and159 |
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| 186 | 186 | | regulations of the receiving state; and160 |
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| 187 | 187 | | (2) Provide the receiving state with information in addition to the information required161 |
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| 188 | 188 | | for licensure for the purposes of determining compensation, if applicable.162 |
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| 189 | 189 | | ARTICLE VI-DISCIPLINE / ADVERSE ACTIONS163 |
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| 190 | 190 | | (a) Nothing in this compact shall be deemed or construed to limit the authority of a164 |
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| 191 | 191 | | Member state to investigate or impose disciplinary measures on teachers according to the165 |
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| 192 | 192 | | state practice laws thereof.166 23 LC 49 1124 |
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| 193 | 193 | | H. B. 152 |
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| 194 | 194 | | - 8 - |
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| 195 | 195 | | (b) Member states shall be authorized to receive, and shall provide, files and information167 |
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| 196 | 196 | | regarding the investigation and discipline, if any, of teachers in other Member states upon168 |
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| 197 | 197 | | request. Any Member state receiving such information or files shall protect and maintain169 |
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| 198 | 198 | | the security and confidentiality thereof, in at least the same manner that it maintains its own170 |
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| 199 | 199 | | investigatory or disciplinary files and information. Prior to disclosing any disciplinary or171 |
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| 200 | 200 | | investigatory information received from another Member state, the disclosing state shall172 |
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| 201 | 201 | | communicate its intention and purpose for such disclosure to the Member state which173 |
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| 202 | 202 | | originally provided that information.174 |
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| 203 | 203 | | ARTICLE VII-ESTABLISHMENT OF THE 175 |
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| 204 | 204 | | INTERSTATE TEACHER MOBILITY COMPACT COMMISSION176 |
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| 205 | 205 | | (a) The interstate compact Member states hereby create and establish a joint public agency177 |
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| 206 | 206 | | known as the Interstate Teacher Mobility Compact Commission:178 |
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| 207 | 207 | | (1) The commission is a joint interstate governmental agency comprised of states that179 |
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| 208 | 208 | | have enacted the Interstate Teacher Mobility Compact.180 |
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| 209 | 209 | | (2) Nothing in this interstate compact shall be construed to be a waiver of sovereign181 |
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| 210 | 210 | | immunity.182 |
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| 211 | 211 | | (b) Membership, Voting, and Meetings183 |
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| 212 | 212 | | (1) Each Member state shall have and be limited to one (1) delegate to the commission,184 |
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| 213 | 213 | | who shall be given the title of commissioner.185 |
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| 214 | 214 | | (2) The commissioner shall be the primary administrative officer of the state licensing186 |
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| 215 | 215 | | authority or their designee.187 |
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| 216 | 216 | | (3) Any commissioner may be removed or suspended from office as provided by the law188 |
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| 217 | 217 | | of the state from which the commissioner is appointed.189 |
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| 218 | 218 | | (4) The Member state shall fill any vacancy occurring in the commission within 90 days.190 |
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| 219 | 219 | | (5) Each commissioner shall be entitled to one (1) vote about the promulgation of rules191 |
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| 220 | 220 | | and creation of bylaws and shall otherwise have an opportunity to participate in the192 23 LC 49 1124 |
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| 221 | 221 | | H. B. 152 |
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| 222 | 222 | | - 9 - |
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| 223 | 223 | | business and affairs of the commission. A commissioner shall vote in person or by such193 |
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| 224 | 224 | | other means as provided in the bylaws. The bylaws may provide for commissioners'194 |
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| 225 | 225 | | participation in meetings by telephone or other means of communication.195 |
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| 226 | 226 | | (6) The commission shall meet at least once during each calendar year. Additional196 |
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| 227 | 227 | | meetings shall be held as set forth in the bylaws.197 |
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| 228 | 228 | | (7) The commission shall establish by rule a term of office for commissioners.198 |
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| 229 | 229 | | (c) The commission shall have the following powers and duties:199 |
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| 230 | 230 | | (1) Establish a code of ethics for the commission.200 |
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| 231 | 231 | | (2) Establish the fiscal year of the commission.201 |
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| 232 | 232 | | (3) Establish bylaws for the commission.202 |
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| 233 | 233 | | (4) Maintain its financial records in accordance with the bylaws of the commission.203 |
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| 234 | 234 | | (5) Meet and take such actions as are consistent with the provisions of this interstate204 |
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| 235 | 235 | | compact, the bylaws, and rules of the commission.205 |
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| 236 | 236 | | (6) Promulgate uniform rules to implement and administer this interstate compact. The206 |
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| 237 | 237 | | rules shall have the force and effect of law and shall be binding in all Member states. In207 |
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| 238 | 238 | | the event the commission exercises its rulemaking authority in a manner that is beyond208 |
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| 239 | 239 | | the scope of the purposes of the compact, or the powers granted hereunder, then such an209 |
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| 240 | 240 | | action by the commission shall be invalid and have no force and effect of law.210 |
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| 241 | 241 | | (7) Bring and prosecute legal proceedings or actions in the name of the commission,211 |
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| 242 | 242 | | provided that the standing of any Member state licensing authority to sue or be sued212 |
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| 243 | 243 | | under applicable law shall not be affected.213 |
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| 244 | 244 | | (8) Purchase and maintain insurance and bonds.214 |
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| 245 | 245 | | (9) Borrow, accept, or contract for services of personnel, including, but not limited to,215 |
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| 246 | 246 | | employees of a Member state, or an associated non219 governmental organization that216 |
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| 247 | 247 | | is open to membership by all states.217 |
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| 248 | 248 | | (10) Hire employees, elect, or appoint officers, fix compensation, define duties, grant218 |
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| 249 | 249 | | such individuals appropriate authority to carry out the purposes of the compact, and219 23 LC 49 1124 |
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| 250 | 250 | | H. B. 152 |
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| 251 | 251 | | - 10 - |
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| 252 | 252 | | establish the commission's personnel policies and programs relating to conflicts of220 |
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| 253 | 253 | | interest, qualifications of personnel, and other related personnel matters.221 |
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| 254 | 254 | | (11) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,222 |
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| 255 | 255 | | improve, or use, any property, real, personal or mixed, provided that at all times the223 |
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| 256 | 256 | | commission shall avoid any appearance of impropriety.224 |
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| 257 | 257 | | (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of225 |
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| 258 | 258 | | any property real, personal, or mixed.226 |
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| 259 | 259 | | (13) Establish a budget and make expenditures.227 |
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| 260 | 260 | | (14) Borrow money.228 |
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| 261 | 261 | | (15) Appoint committees, including standing committees composed of members and229 |
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| 262 | 262 | | such other interested persons as may be designated in this interstate compact, rules, or230 |
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| 263 | 263 | | bylaws.231 |
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| 264 | 264 | | (16) Provide and receive information from, and cooperate with, law enforcement232 |
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| 265 | 265 | | agencies.233 |
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| 266 | 266 | | (17) Establish and elect an executive committee.234 |
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| 267 | 267 | | (18) Establish and develop a charter for an Executive Information Governance235 |
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| 268 | 268 | | Committee to advise on facilitating exchange of information; use of information, data236 |
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| 269 | 269 | | privacy, and technical support needs, and provide reports as needed.237 |
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| 270 | 270 | | (19) Perform such other functions as may be necessary or appropriate to achieve the238 |
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| 271 | 271 | | purposes of this interstate compact consistent with the state regulation of teacher239 |
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| 272 | 272 | | licensure.240 |
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| 273 | 273 | | (20) Determine whether a state's adopted language is materially different from the model241 |
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| 274 | 274 | | compact language such that the state would not qualify for participation in the compact.242 |
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| 275 | 275 | | (d) The executive committee of the Interstate Teacher Mobility Compact Commission243 |
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| 276 | 276 | | (1) The executive committee shall have the power to act on behalf of the commission244 |
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| 277 | 277 | | according to the terms of this interstate compact.245 |
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| 278 | 278 | | (2) The executive committee shall be composed of eight voting members:246 23 LC 49 1124 |
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| 279 | 279 | | H. B. 152 |
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| 280 | 280 | | - 11 - |
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| 281 | 281 | | (A) The commission chair, vice chair, and treasurer; and247 |
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| 282 | 282 | | (B) Five members who are elected by the commission from the current membership:248 |
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| 283 | 283 | | (i) Four voting members representing geographic regions in accordance with249 |
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| 284 | 284 | | commission rules; and250 |
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| 285 | 285 | | (ii) One at large voting member in accordance with commission rules.251 |
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| 286 | 286 | | (3) The commission may add or remove members of the executive committee as252 |
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| 287 | 287 | | provided in commission rules.253 |
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| 288 | 288 | | (4) The executive committee shall meet at least once annually.254 |
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| 289 | 289 | | (5) The executive committee shall have the following duties and responsibilities:255 |
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| 290 | 290 | | (A) Recommend to the entire commission changes to the rules or bylaws, changes to256 |
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| 291 | 291 | | the compact legislation, fees paid by interstate compact Member states such as annual257 |
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| 292 | 292 | | dues, and any compact fee charged by the Member states on behalf of the commission.258 |
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| 293 | 293 | | (B) Ensure commission administration services are appropriately provided, contractual259 |
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| 294 | 294 | | or otherwise.260 |
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| 295 | 295 | | (C) Prepare and recommend the budget.261 |
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| 296 | 296 | | (D) Maintain financial records on behalf of the commission.262 |
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| 297 | 297 | | (E) Monitor compliance of Member states and provide reports to the commission.263 |
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| 298 | 298 | | (F) Perform other duties as provided in rules or bylaws.264 |
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| 299 | 299 | | (6) Meetings of the commission.265 |
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| 300 | 300 | | (A) All meetings shall be open to the public, and public notice of meetings shall be266 |
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| 301 | 301 | | given in accordance with commission bylaws.267 |
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| 302 | 302 | | (B) The commission or the executive committee or other committees of the268 |
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| 303 | 303 | | commission may convene in a closed, non-public meeting if the commission or269 |
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| 304 | 304 | | executive committee or other committees of the commission must discuss:270 |
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| 305 | 305 | | (i) Non-compliance of a member state with its obligations under the compact.271 23 LC 49 1124 |
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| 306 | 306 | | H. B. 152 |
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| 307 | 307 | | - 12 - |
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| 308 | 308 | | (ii) The employment, compensation, discipline or other matters, practices or272 |
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| 309 | 309 | | procedures related to specific employees or other matters related to the commission's273 |
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| 310 | 310 | | internal personnel practices and procedures.274 |
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| 311 | 311 | | (iii) Current, threatened, or reasonably anticipated litigation.275 |
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| 312 | 312 | | (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real276 |
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| 313 | 313 | | estate.277 |
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| 314 | 314 | | (v) Accusing any person of a crime or formally censuring any person.278 |
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| 315 | 315 | | (vi) Disclosure of trade secrets or commercial or financial information that is279 |
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| 316 | 316 | | privileged or confidential.280 |
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| 317 | 317 | | (vii) Disclosure of information of a personal nature where disclosure would constitute281 |
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| 318 | 318 | | a clearly unwarranted invasion of personal privacy.282 |
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| 319 | 319 | | (viii) Disclosure of investigative records compiled for law enforcement purposes.283 |
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| 320 | 320 | | (ix) Disclosure of information related to any investigative reports prepared by or on284 |
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| 321 | 321 | | behalf of or for use of the commission or her committee charged with responsibility285 |
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| 322 | 322 | | of investigation or determination of compliance issues pursuant to the compact.286 |
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| 323 | 323 | | (x) Matters specifically exempted from disclosure by federal or member state statute.287 |
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| 324 | 324 | | (xi) Other matters as set forth by commission bylaws and rules.288 |
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| 325 | 325 | | (C) If a meeting, or portion of a meeting, is closed pursuant to this provision, the289 |
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| 326 | 326 | | commission's legal counsel or designee shall certify that the meeting may be closed and290 |
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| 327 | 327 | | shall reference each relevant exempting provision.291 |
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| 328 | 328 | | (D) The commission shall keep minutes of commission meetings and shall provide a292 |
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| 329 | 329 | | full and accurate summary of actions taken, and the reasons therefore, including a293 |
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| 330 | 330 | | description of the views expressed. All documents considered in connection with an294 |
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| 331 | 331 | | action shall be identified in such minutes. All minutes and documents of a closed295 |
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| 332 | 332 | | meeting shall remain under seal, subject to release by a majority vote of the commission296 |
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| 333 | 333 | | or order of a court of competent jurisdiction.297 |
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| 334 | 334 | | (7) Financing of the commission.298 23 LC 49 1124 |
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| 335 | 335 | | H. B. 152 |
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| 336 | 336 | | - 13 - |
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| 337 | 337 | | (A) The commission shall pay, or provide for the payment of, the reasonable expenses299 |
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| 338 | 338 | | of its establishment, organization, and ongoing activities.300 |
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| 339 | 339 | | (B) The commission may accept all appropriate donations and grants of money,301 |
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| 340 | 340 | | equipment, supplies, materials, and services, and receive, utilize, and dispose of the302 |
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| 341 | 341 | | same, provided that at all times the commission shall avoid any appearance of303 |
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| 342 | 342 | | impropriety or conflict of interest.304 |
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| 343 | 343 | | (C) The commission may levy on and collect an annual assessment from each member305 |
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| 344 | 344 | | state or impose fees on other parties to cover the cost of the operations and activities of306 |
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| 345 | 345 | | the commission, in accordance with the commission rules.307 |
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| 346 | 346 | | (D) The commission shall not incur obligations of any kind prior to securing the funds308 |
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| 347 | 347 | | adequate to meet the same; nor shall the commission pledge the credit of any of the309 |
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| 348 | 348 | | member states, except by and with the authority of the member state.310 |
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| 349 | 349 | | (E) The commission shall keep accurate accounts of all receipts and disbursements.311 |
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| 350 | 350 | | The receipts and disbursements of the commission shall be subject to accounting312 |
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| 351 | 351 | | procedures established under commission bylaws. All receipts and disbursements of313 |
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| 352 | 352 | | funds of the commission shall be reviewed annually in accordance with commission314 |
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| 353 | 353 | | bylaws, and a report of the review shall be included in and become part of the annual315 |
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| 354 | 354 | | report of the commission.316 |
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| 355 | 355 | | (8) Qualified immunity, defense, and indemnification.317 |
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| 356 | 356 | | (A) The members, officers, executive director, employees and representatives of the318 |
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| 357 | 357 | | commission shall be immune from suit and liability, either personally or in their official319 |
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| 358 | 358 | | capacity, for any claim for damage to or loss of property or personal injury or other320 |
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| 359 | 359 | | civil liability caused by or arising out of any actual or alleged act, error or omission that321 |
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| 360 | 360 | | occurred, or that the person against whom the claim is made had a reasonable basis for322 |
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| 361 | 361 | | believing occurred within the scope of commission employment, duties or323 |
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| 362 | 362 | | responsibilities; provided that nothing in this paragraph shall be construed to protect324 23 LC 49 1124 |
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| 363 | 363 | | H. B. 152 |
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| 364 | 364 | | - 14 - |
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| 365 | 365 | | any such person from suit or liability for any damage, loss, injury, or liability caused325 |
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| 366 | 366 | | by the intentional or willful or wanton misconduct of that person.326 |
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| 367 | 367 | | (B) The commission shall defend any member, officer, executive director, employee,327 |
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| 368 | 368 | | or representative of the commission in any civil action seeking to impose liability328 |
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| 369 | 369 | | arising out of any actual or alleged act, error, or omission that occurred within the scope329 |
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| 370 | 370 | | of commission employment, duties, or responsibilities, or that the person against whom330 |
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| 371 | 371 | | the claim is made had a reasonable basis for believing occurred within the scope of331 |
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| 372 | 372 | | commission employment, duties, or responsibilities; provided that nothing herein shall332 |
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| 373 | 373 | | be construed to prohibit that person from retaining his or her own counsel; and provided333 |
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| 374 | 374 | | further, that the actual or alleged act, error, or omission did not result from that person's334 |
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| 375 | 375 | | intentional or willful or wanton misconduct.335 |
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| 376 | 376 | | (C) The commission shall indemnify and hold harmless any member, officer, executive336 |
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| 377 | 377 | | director, employee, or representative of the commission for the amount of any337 |
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| 378 | 378 | | settlement or judgment obtained against that person arising out of any actual or alleged338 |
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| 379 | 379 | | act, error or omission that occurred within the scope of commission employment,339 |
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| 380 | 380 | | duties, or responsibilities, or that such person had a reasonable basis for believing340 |
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| 381 | 381 | | occurred within the scope of commission employment, duties, or responsibilities,341 |
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| 382 | 382 | | provided that the actual or alleged act, error, or omission did not result from the342 |
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| 383 | 383 | | intentional or willful or wanton misconduct of that person.343 |
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| 384 | 384 | | ARTICLE VIII-RULEMAKING344 |
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| 385 | 385 | | (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth345 |
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| 386 | 386 | | in this interstate compact and the rules adopted thereunder. Rules and amendments shall346 |
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| 387 | 387 | | become binding as of the date specified in each rule or amendment.347 |
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| 388 | 388 | | (b) The commission shall promulgate reasonable rules to achieve the intent and purpose348 |
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| 389 | 389 | | of this interstate compact. In the event the commission exercises its rulemaking authority349 |
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| 390 | 390 | | in a manner that is beyond purpose and intent of this interstate compact, or the powers350 23 LC 49 1124 |
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| 391 | 391 | | H. B. 152 |
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| 392 | 392 | | - 15 - |
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| 393 | 393 | | granted hereunder, then such an action by the commission shall be invalid and have no351 |
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| 394 | 394 | | force and effect of law in the member states.352 |
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| 395 | 395 | | (c) If a majority of the legislatures of the member states rejects a rule, by enactment of353 |
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| 396 | 396 | | a statute or resolution in the same manner used to adopt the compact within four (4) years354 |
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| 397 | 397 | | of the date of adoption of the rule, then such rule shall have no further force and effect355 |
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| 398 | 398 | | in any member state.356 |
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| 399 | 399 | | (d) rules or amendments to the rules shall be adopted or ratified at a regular or special357 |
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| 400 | 400 | | meeting of the commission in accordance with commission rules and bylaws.358 |
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| 401 | 401 | | (e) Upon determination that an emergency exists, the commission may consider and359 |
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| 402 | 402 | | adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided360 |
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| 403 | 403 | | that the usual rulemaking procedures shall be retroactively applied to the rule as soon as361 |
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| 404 | 404 | | reasonably possible, in no event later than ninety (90) days after the effective date of the362 |
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| 405 | 405 | | rule. For the purposes of this provision, an emergency rule is one that must be adopted363 |
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| 406 | 406 | | immediately in order to:364 |
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| 407 | 407 | | (1) Meet an imminent threat to public health, safety, or welfare.365 |
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| 408 | 408 | | (2) Prevent a loss of commission or member state funds.366 |
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| 409 | 409 | | (3) Meet a deadline for the promulgation of an administrative rule that is established367 |
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| 410 | 410 | | by federal law or rule; or368 |
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| 411 | 411 | | (4) Protect public health and safety.369 |
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| 412 | 412 | | ARTICLE IX-FACILITATING INFORMATION EXCHANGE370 |
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| 413 | 413 | | (a) The commission shall provide for facilitating the exchange of information to administer371 |
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| 414 | 414 | | and implement the provisions of this compact in accordance with the rules of the372 |
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| 415 | 415 | | commission, consistent with generally accepted data protection principles.373 |
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| 416 | 416 | | (b) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the374 |
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| 417 | 417 | | power of a member state to control and maintain ownership of its licensee information or375 23 LC 49 1124 |
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| 418 | 418 | | H. B. 152 |
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| 419 | 419 | | - 16 - |
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| 420 | 420 | | alter, limit, or inhibit the laws or regulations governing licensee information in the member376 |
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| 421 | 421 | | state.377 |
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| 422 | 422 | | ARTICLE X-OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT378 |
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| 423 | 423 | | (a) Oversight.379 |
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| 424 | 424 | | (1) The executive and judicial branches of state government in each member state shall380 |
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| 425 | 425 | | enforce this compact and take all actions necessary and appropriate to effectuate the381 |
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| 426 | 426 | | compact's purposes and intent. The provisions of this compact shall have standing as382 |
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| 427 | 427 | | statutory law.383 |
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| 428 | 428 | | (2) Venue is proper and judicial proceedings by or against the commission shall be384 |
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| 429 | 429 | | brought solely and exclusively in a court of competent jurisdiction where the principal385 |
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| 430 | 430 | | office of the commission is located. The commission may waive venue and jurisdictional386 |
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| 431 | 431 | | defenses to the extent it adopts or consents to participate in alternative dispute resolution387 |
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| 432 | 432 | | proceedings. Nothing herein shall affect or limit the selection or propriety of venue in388 |
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| 433 | 433 | | any action against a licensee for professional malpractice, misconduct or any such similar389 |
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| 434 | 434 | | matter.390 |
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| 435 | 435 | | (3) All courts and all administrative agencies shall take judicial notice of the compact,391 |
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| 436 | 436 | | the rules of the commission, and any information provided to a member state pursuant392 |
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| 437 | 437 | | thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the393 |
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| 438 | 438 | | subject matter of this compact, or which may affect the powers, responsibilities, or394 |
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| 439 | 439 | | actions of the commission.395 |
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| 440 | 440 | | (4) The commission shall be entitled to receive service of process in any proceeding396 |
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| 441 | 441 | | regarding the enforcement or interpretation of the compact and shall have standing to397 |
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| 442 | 442 | | intervene in such a proceeding for all purposes. Failure to provide the commission398 |
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| 443 | 443 | | service of process shall render a judgment or order void as to the commission, this399 |
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| 444 | 444 | | compact, or promulgated rules.400 |
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| 445 | 445 | | (b) Default, technical assistance, and termination.401 23 LC 49 1124 |
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| 446 | 446 | | H. B. 152 |
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| 447 | 447 | | - 17 - |
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| 448 | 448 | | (1) If the commission determines that a member state has defaulted in the performance402 |
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| 449 | 449 | | of its obligations or responsibilities under this compact or the promulgated rules, the403 |
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| 450 | 450 | | commission shall:404 |
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| 451 | 451 | | (A) Provide written notice to the defaulting state and other member states of the nature405 |
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| 452 | 452 | | of the default, the proposed means of curing the default or any other action to be taken406 |
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| 453 | 453 | | by the commission; and407 |
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| 454 | 454 | | (B) Provide remedial training and specific technical assistance regarding the default.408 |
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| 455 | 455 | | (c) If a state in default fails to cure the default, the defaulting state may be terminated from409 |
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| 456 | 456 | | the compact upon an affirmative vote of a majority of the commissioners of the member410 |
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| 457 | 457 | | states, and all rights, privileges and benefits conferred on that state by this compact may411 |
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| 458 | 458 | | be terminated on the effective date of termination. A cure of the default does not relieve412 |
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| 459 | 459 | | the offending state of obligations or liabilities incurred during the period of default.413 |
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| 460 | 460 | | (d) Termination of membership in the compact shall be imposed only after all other means414 |
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| 461 | 461 | | of securing compliance have been exhausted. Notice of intent to suspend or terminate shall415 |
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| 462 | 462 | | be given by the commission to the governor, the majority and minority leaders of the416 |
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| 463 | 463 | | defaulting state's legislature, the state licensing authority and each of the member states.417 |
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| 464 | 464 | | (e) A state that has been terminated is responsible for all assessments, obligations, and418 |
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| 465 | 465 | | liabilities incurred through the effective date of termination, including obligations that419 |
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| 466 | 466 | | extend beyond the effective date of termination.420 |
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| 467 | 467 | | (f) The commission shall not bear any costs related to a state that is found to be in default421 |
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| 468 | 468 | | or that has been terminated from the compact, unless agreed upon in writing between the422 |
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| 469 | 469 | | commission and the defaulting state.423 |
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| 470 | 470 | | (g) The defaulting state may appeal the action of the commission by petitioning the U.S.424 |
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| 471 | 471 | | District Court for the District of Columbia or the federal district where the commission has425 |
|---|
| 472 | 472 | | its principal offices. The prevailing party shall be awarded all costs of such litigation,426 |
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| 473 | 473 | | including reasonable attorney's fees.427 |
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| 474 | 474 | | (h) Dispute resolution.428 23 LC 49 1124 |
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| 475 | 475 | | H. B. 152 |
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| 476 | 476 | | - 18 - |
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| 477 | 477 | | (1) Upon request by a member state, the commission shall attempt to resolve disputes429 |
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| 478 | 478 | | related to the compact that arise among member states and between member and430 |
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| 479 | 479 | | non-member states.431 |
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| 480 | 480 | | (2) The commission shall promulgate a rule providing for both binding and non481432 |
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| 481 | 481 | | binding alternative dispute resolution for disputes as appropriate.433 |
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| 482 | 482 | | (i) Enforcement.434 |
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| 483 | 483 | | (1) The commission, in the reasonable exercise of its discretion, shall enforce the435 |
|---|
| 484 | 484 | | provisions and rules of this compact.436 |
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| 485 | 485 | | (2) By majority vote, the commission may initiate legal action in the United States437 |
|---|
| 486 | 486 | | District Court for the District of Columbia or the federal district where the commission438 |
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| 487 | 487 | | has its principal offices against a member state in default to enforce compliance with the439 |
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| 488 | 488 | | provisions of the compact and its promulgated rules and bylaws. The relief sought may440 |
|---|
| 489 | 489 | | include both injunctive relief and damages. In the event judicial enforcement is441 |
|---|
| 490 | 490 | | necessary, the prevailing party shall be awarded all costs of such litigation, including442 |
|---|
| 491 | 491 | | reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the443 |
|---|
| 492 | 492 | | commission. The commission may pursue any other remedies available under federal or444 |
|---|
| 493 | 493 | | state law.445 |
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| 494 | 494 | | ARTICLE XI-EFFECTUATION, WITHDRAWAL, AND AMENDMENT446 |
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| 495 | 495 | | (a) The compact shall come into effect on the date on which the compact statute is enacted447 |
|---|
| 496 | 496 | | into law in the tenth member state.448 |
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| 497 | 497 | | (1) On or after the effective date of the compact, the commission shall convene and449 |
|---|
| 498 | 498 | | review the enactment of each of the Charter member states to determine if the statute450 |
|---|
| 499 | 499 | | enacted by each such Charter member state is materially different from the model451 |
|---|
| 500 | 500 | | compact statute.452 |
|---|
| 501 | 501 | | (2) A Charter member state whose enactment is found to be materially different from453 |
|---|
| 502 | 502 | | the model compact statute shall be entitled to the default process set forth in Article X.454 23 LC 49 1124 |
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| 503 | 503 | | H. B. 152 |
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| 504 | 504 | | - 19 - |
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| 505 | 505 | | (3) member states enacting the compact subsequent to the Charter member states shall455 |
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| 506 | 506 | | be subject to the process set forth in Article VII.C.20 to determine if their enactments are456 |
|---|
| 507 | 507 | | materially different from the model compact statute and whether they qualify for457 |
|---|
| 508 | 508 | | participation in the compact.458 |
|---|
| 509 | 509 | | (b) If any member state is later found to be in default, or is terminated or withdraws from459 |
|---|
| 510 | 510 | | the compact, the commission shall remain in existence and the compact shall remain in460 |
|---|
| 511 | 511 | | effect even if the number of member states should be less than 10.461 |
|---|
| 512 | 512 | | (c) Any state that joins the compact after the commission's initial adoption of the rules and462 |
|---|
| 513 | 513 | | bylaws shall be subject to the rules and bylaws as they exist on the date on which the463 |
|---|
| 514 | 514 | | compact becomes law in that state. Any rule that has been previously adopted by the464 |
|---|
| 515 | 515 | | commission shall have the full force and effect of law on the day the compact becomes law465 |
|---|
| 516 | 516 | | in that state, as the rules and bylaws may be amended as provided in this compact.466 |
|---|
| 517 | 517 | | (d) Any member state may withdraw from this compact by enacting a statute repealing the467 |
|---|
| 518 | 518 | | same.468 |
|---|
| 519 | 519 | | (1) A member state's withdrawal shall not take effect until six (6) months after enactment469 |
|---|
| 520 | 520 | | of the repealing statute.470 |
|---|
| 521 | 521 | | (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's471 |
|---|
| 522 | 522 | | licensing authority to comply with the investigative and adverse action reporting472 |
|---|
| 523 | 523 | | requirements of this act prior to the effective date of withdrawal.473 |
|---|
| 524 | 524 | | (e) This compact may be amended by the member states. No amendment to this compact474 |
|---|
| 525 | 525 | | shall become effective and binding upon any member state until it is enacted into the laws475 |
|---|
| 526 | 526 | | of all member states.476 |
|---|
| 527 | 527 | | ARTICLE XII-CONSTRUCTION AND SEVERABILITY477 |
|---|
| 528 | 528 | | This compact shall be liberally construed to effectuate the purposes thereof. The478 |
|---|
| 529 | 529 | | provisions of this compact shall be severable and if any phrase, clause, sentence, or479 |
|---|
| 530 | 530 | | provision of this compact is declared to be contrary to the constitution of any member state480 23 LC 49 1124 |
|---|
| 531 | 531 | | H. B. 152 |
|---|
| 532 | 532 | | - 20 - |
|---|
| 533 | 533 | | or a state seeking membership in the compact, or of the United States or the applicability481 |
|---|
| 534 | 534 | | thereof to any other government, agency, person or circumstance is held invalid, the482 |
|---|
| 535 | 535 | | validity of the remainder of this compact and the applicability thereof to any government,483 |
|---|
| 536 | 536 | | agency, person, or circumstance shall not be affected thereby. If this compact shall be held484 |
|---|
| 537 | 537 | | contrary to the constitution of any member state, the compact shall remain in full force and485 |
|---|
| 538 | 538 | | effect as to the remaining member states and in full force and effect as to the member state486 |
|---|
| 539 | 539 | | affected as to all severable matters.487 |
|---|
| 540 | 540 | | ARTICLE XIII-CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS488 |
|---|
| 541 | 541 | | (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member489 |
|---|
| 542 | 542 | | state that is not inconsistent with the compact.490 |
|---|
| 543 | 543 | | (b) Any laws, statutes, regulations, or other legal requirements in a member state in491 |
|---|
| 544 | 544 | | conflict with the compact are superseded to the extent of the conflict.492 |
|---|
| 545 | 545 | | (c) All permissible agreements between the commission and the member states are493 |
|---|
| 546 | 546 | | binding in accordance with their terms.'"494 |
|---|
| 547 | 547 | | SECTION 2.495 |
|---|
| 548 | 548 | | All laws and parts of laws in conflict with this Act are repealed.496 |
|---|