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