EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1191*
HOUSE BILL 1191
F1 4lr2108
By: Delegate Mireku–North
Introduced and read first time: February 8, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Interstate Teacher Mobility Compact 2
FOR the purpose of repealing certain provisions of law relating to the Interstate Agreement 3
on Qualifications of Educational Personnel; providing that certain provisions of law 4
regarding the issuance of an initial teaching certificate do not apply to certain 5
teachers under certain circumstances; entering into the Interstate Teacher Mobility 6
Compact for the purpose of authorizing regulated teachers who hold multistate 7
licenses to teach in each member state; establishing requirements for multistate 8
licensure; establishing the Interstate Teacher Mobility Compact Commission and its 9
powers and duties; providing for the withdrawal from the Compact; and generally 10
relating to the Interstate Teacher Mobility Compact. 11
BY repealing 12
Article – Education 13
Section 6–601 through 6–604 and the subtitle “Subtitle 6. Interstate Agreement on 14
Qualifications of Educational Personnel” 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 6–126 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2023 Supplement) 22
BY adding to 23
Article – Education 24
Section 6–601 to be under the new subtitle “Subtitle 6. Interstate Teacher Mobility 25
Compact” 26
Annotated Code of Maryland 27
(2022 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 1191
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That Section(s) 6–601 through 6–604 and the subtitle “Subtitle 6. Interstate Agreement on 2
Qualifications of Educational Personnel” of Article – Education of the Annotated Code of 3
Maryland be repealed. 4
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
as follows: 6
Article – Education 7
6–126. 8
(a) (1) This subsection applies to individuals who have graduated from a 9
teacher preparation program approved by the Department or an alternative teacher 10
preparation program. 11
(2) Beginning on July 1, 2025, to qualify for an initial certificate an 12
individual shall: 13
(i) Subject to paragraph (3) of this subsection, pass a nationally 14
recognized, portfolio–based assessment of teaching ability; 15
(ii) Pass a rigorous State–specific examination of mastery of reading 16
instruction and content for the grade level the individual will be teaching; and 17
(iii) Satisfactorily complete any other requirements established by 18
the State Board. 19
(3) An individual who graduates from a teacher preparation program in 20
the State who passed a nationally recognized, portfolio–based assessment as a requirement 21
to graduate under § 6–121 of this subtitle may not be required to take the assessment more 22
than one time. 23
(b) (1) THIS SUBSECTION DOES NOT APPLY TO A TEACH ER WHO HOLDS A 24
PROFESSIONAL LICENSE OR CERTIFICATE FROM A STATE FOR WHICH THE LICENS E 25
OR CERTIFICATE IS AC CEPTED IN ACCORDANCE WITH THE INTERSTATE TEACHER 26
MOBILITY COMPACT UNDER SUBTITLE 6 OF THIS TITLE. 27
(2) In addition to any other requirements established by the State Board, 28
to qualify for a certificate in the State, a teacher who graduated from an institution of 29
higher education in another state or holds a professional license or certificate from another 30
state shall: 31
[(1)] (I) Pass an examination of teaching ability within 18 months of 32
being hired by a local school system; or 33 HOUSE BILL 1191 3
[(2)] (II) Hold an active National Board Certification from the National 1
Board for Professional Teaching Standards. 2
(c) (1) The Department, after a reasonable period of review and assessment, 3
shall determine whether one of the assessments of teaching skill required for initial teacher 4
certification under this section more adequately measures the skills and knowledge 5
required of a highly qualified teacher. 6
(2) If the Department makes a determination under paragraph (1) of this 7
subsection that requires a revision to the statutory requirements for initial teacher 8
certification, the Department shall, in accordance with § 2–1257 of the State Government 9
Article, submit a report to the General Assembly on or before the next September 1 on its 10
recommendations for revising the qualifications for initial teacher licensure. 11
(d) (1) The Department shall actively monitor and assess, during their 12
implementation and development, new teacher standards and assessments produced under 13
this section for any negative impact on the diversity of teacher candidates passing the 14
initial teacher certification assessments. 15
(2) The Department shall report the results of its monitoring and 16
assessment to the Accountability and Implementation Board established under § 5–402 of 17
this article. 18
SUBTITLE 6. INTERSTATE TEACHER MOBILITY COMPACT. 19
6–601. 20
THE INTERSTATE TEACHER MOBILITY COMPACT IS HEREBY ENA CTED AND 21
ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THIS 22
COMPACT IN THE FORM S UBSTANTIALLY AS THE COMPACT APPEARS IN TH IS 23
SECTION AS FOLLOWS : 24
ARTICLE I. PURPOSE. 25
THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE MOBILITY OF 26
TEACHERS ACROSS THE MEMBER STATES, WITH THE GOAL OF SUP PORTING 27
TEACHERS THROUGH A NE W PATHWAY TO LICENSU RE. THROUGH THIS COMPACT, 28
THE MEMBER STATES SEEK TO ESTABL ISH A COLLECTIVE REG ULATORY 29
FRAMEWORK THAT EXPED ITES AND ENHANCES TH E ABILITY OF TEACHERS TO MOVE 30
ACROSS STATE LINES. 31
THIS COMPACT IS INTENDED T O ACHIEVE THE FOLLOW ING OBJECTIVES AND 32
SHOULD BE INTERPRETE D ACCORDING LY. THE MEMBER STATES HEREBY RATIFY 33
THE SAME INTENTIONS BY SUBSCRIBING HERET O. 34 4 HOUSE BILL 1191
A. CREATE A STREAMLINED PATHWAY TO LICENSURE MOBILITY FOR 1
TEACHERS; 2
B. SUPPORT THE RELOCATIO N OF ELIGIBLE MILITARY SPOUSES; 3
C. FACILITATE AND ENHANC E THE EXCHANGE OF LI CENSURE, 4
INVESTIGATIVE, AND DISCIPLINARY INF ORMATION BETWEEN THE MEMBER 5
STATES; 6
D. ENHANCE THE POWER OF STATE AND DISTRICT LE VEL EDUCATION 7
OFFICIALS TO HIRE QU ALIFIED, COMPETENT TEACHERS BY REMOVING BARRIERS 8
TO THE EMPLOYMENT OF OUT–OF–STATE TEACHERS; 9
E. SUPPORT THE RETENTION OF TEACHERS IN THE PROFE SSION BY 10
REMOVING BARRIERS TO RE–LICENSURE IN A NEW STATE; AND 11
F. MAINTAIN STATE SOVEREIGNTY IN THE REGULATION OF TH E TEACHING 12
PROFESSION. 13
ARTICLE II. DEFINITIONS. 14
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 15
FOLLOWING DEFINITION S SHALL GOVERN THE T ERMS HEREIN: 16
A. “ACTIVE MILITARY MEMBER” MEANS ANY PERSON WIT H FULL–TIME 17
DUTY STATUS IN THE A RMED FORCES OF THE UNITED STATES, INCLUDING 18
MEMBERS OF TH E NATIONAL GUARD AND RESERVE. 19
B. “ADVERSE ACTION” MEANS ANY LIMITATION OR RESTRICTION IMPOS ED 20
BY A MEMBER STATE’S LICENSING AUTHORITY, SUCH AS REVOCATION , 21
SUSPENSION, REPRIMAND , PROBATION, OR LIMITATION ON THE LICENSEE’S 22
ABILITY TO WORK AS A TEACHER. 23
C. “BYLAWS” MEANS THOSE BYLAWS E STABLISHED BY THE COMMISSION. 24
D. “CAREER AND TECHNICAL EDUCATION LICENSE” MEANS A CURRENT , 25
VALID AUTHORIZATION ISSUED BY A MEMBER STATE’S LICENSING AUTHORITY 26
ALLOWING AN INDIVIDU AL TO SERVE AS A TEACHER IN P–12 PUBLIC EDUCATIONAL 27
SETTINGS IN A SPECIF IC CAREER AND TECHNI CAL EDUCATION AREA . 28
E. “CHARTER MEMBER STATES” MEANS A MEMBER STATE THAT HAS 29
ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION 30 HOUSE BILL 1191 5
PREDATES THE INITIAL MEETING OF THE COMMISSION AFTER THE EFFECTIVE DATE 1
OF THE COMPACT. 2
F. “COMMISSION” MEANS THE INTERSTATE ADMINISTRATIVE BODY 3
WHOSE MEMBERSHIP CON SISTS OF DELEGATES O F ALL STATES THAT HAVE 4
ENACTED THIS COMPACT, AND WHICH IS KNOWN A S THE INTERSTATE TEACHER 5
MOBILITY COMPACT COMMISSION. 6
G. “COMMISSIONER” MEANS THE DELEGATE O F A MEMBER STATE. 7
H. “ELIGIBLE LICENSE” MEANS A LICENSE TO E NGAGE IN THE TEACHIN G 8
PROFESSION THAT REQU IRES AT LEAST A BACH ELOR’S DEGREE AND THE 9
COMPLETION OF A STAT E APPROVED PROGRAM F OR TEACHER LICENSURE . 10
I. “ELIGIBLE MILITARY SPOUSE” MEANS THE SPOUSE OF ANY INDIVIDUAL 11
IN FULL–TIME DUTY STATUS IN THE ACTIVE ARMED FOR CES OF THE UNITED STATES 12
INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE MOVING AS A 13
RESULT OF A MILITARY MISSION OR MILITARY CAREER PROGRESSION 14
REQUIREMENTS OR ON THEIR TE RMINAL MOVE AS A RES ULT OF SEPARATION OR 15
RETIREMENT (TO INCLUDE SURVIVING SPOUSES OF DECEASED MILITARY 16
MEMBERS). 17
J. “EXECUTIVE COMMITTEE” MEANS A GROUP OF COMMISSIONERS 18
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWER S 19
GRANTED TO THEM BY , THE COMMISSION AS PROVIDE D FOR HEREIN. 20
K. “LICENSING AUTHORITY” MEANS AN OFFICIAL , AGENCY, BOARD, OR 21
OTHER ENTITY OF A STATE THAT IS RESPONS IBLE FOR THE LICENSI NG AND 22
REGULATION OF TEACHERS AUTHORIZED T O TEACH IN P–12 PUBLIC EDUCATIO NAL 23
SETTINGS. 24
L. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS 25
COMPACT, INCLUDING ALL AGENCI ES AND OFFICIALS OF SUCH A STATE. 26
M. “RECEIVING STATE” MEANS ANY STATE WHERE A TEACHER HAS 27
APPLIED FOR LICENSUR E UNDER THIS COMPACT. 28
N. “RULE” MEANS ANY REGULATION PROMULGATED BY THE COMMISSION 29
UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF LAW IN EACH MEMBER 30
STATE. 31
O. “STATE” MEANS A STATE , TERRITORY, OR POSSESSION OF THE UNITED 32
STATES, AND THE DISTRICT OF COLUMBIA. 33 6 HOUSE BILL 1191
P. “STATE PRACTICE LAWS” MEANS A MEMBER STATE’S LAWS, RULES, 1
AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION, DEFINE THE SCOPE 2
OF SUCH PROFESSION , AND CREATE THE METHO DS AND GROUNDS FOR I MPOSING 3
DISCIPLINE. 4
Q. “STATE SPECIFIC REQUIREMENTS ” MEANS A REQUIREMENT FOR 5
LICENSURE COVERED IN COURSEWORK OR EXAMIN ATION THAT INCLUDES CONTENT 6
OF UNIQUE INTEREST T O THE STATE. 7
R. “TEACHER” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN 8
AUTHORIZATION FROM A MEMBER STATE THAT FORMS THE BASIS FOR 9
EMPLOYMENT IN THE P–12 PUBLIC SCHO OLS OF THE STATE TO PROVIDE 10
INSTRUCTION IN A SPE CIFIC SUBJECT AREA , GRADE LEVEL , OR STUDENT 11
POPULATION . 12
S. “UNENCUMBERED LICENSE” MEANS A CURRENT , VALID 13
AUTHORIZATION ISSUED BY A MEMBER STATE’S LICENSING AUTHORITY ALLOWING 14
AN INDIVIDUAL TO SER VE AS A TEACHER IN P–12 PUBLIC EDUCATIONAL S ETTINGS. 15
AN UNENCUMBERED LICENSE IS NOT A REST RICTED, PROBATIONARY , 16
PROVISIONAL, SUBSTITUTE OR TEMPOR ARY CREDENTIAL . 17
ARTICLE III. LICENSURE UNDER THE COMPACT. 18
A. LICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE INITIAL 19
GRANT OF A LICENSE B Y THE RECEIVING STATE. NOTHING HEREIN APPLIE S TO ANY 20
SUBSEQUENT OR ONGOIN G COMPLIANCE REQUIRE MENTS THAT A RECEIVING STATE 21
MIGHT REQUIRE FOR TEACHERS. 22
B. EACH MEMBER STATE SHALL, IN ACCORDANCE WITH T HE RULES OF 23
THE COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESS ARY, A LIST OF 24
ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION LICENSES THAT 25
THE MEMBER STATE IS WILLING TO C ONSIDER FOR EQUIVALE NCY UNDER TH IS 26
COMPACT AND PROVIDE T HE LIST TO THE COMMISSION. THE LIST SHALL INCLUD E 27
THOSE LICENSES THAT A RECEIVING STATE IS WILLING TO G RANT TO TEACHERS 28
FROM OTHER MEMBER STATES, PENDING A DETERMINAT ION OF EQUIVALENCY B Y 29
THE RECEIVING STATE’S LICENSING AUTHORITY. 30
C. UPON THE RECEIPT OF A N APPLICATION FOR LI CENSURE BY A 31
TEACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE RECEIVING 32
STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE’S ELIGIBLE LICENSES 33
THE TEACHER IS QUALIFIED TO HOLD AND SHALL GR ANT SUCH A LICENS E OR 34
LICENSES TO THE APPL ICANT. SUCH A DETERMINATION SHALL BE MADE IN THE 35 HOUSE BILL 1191 7
SOLE DISCRETION OF T HE RECEIVING STATE’S LICENSING AUTHORITY AND MAY 1
INCLUDE A DETERMINAT ION THAT THE APPLICA NT IS NOT ELIGIBLE F OR ANY OF 2
THE RECEIVING STATE’S ELIGIBLE LICENSES. FOR ALL TEACHERS WHO HOLD AN 3
UNENCUMBERED LICENSE, THE RECEIVING STATE SHALL GRANT ONE OR MORE 4
UNENCUMBERED LICENSE(S) THAT, IN THE RECEIVING STATE’S SOLE DISCRETION , 5
ARE EQUIVALENT TO TH E LICENSE(S) HELD BY THE TEACHER IN ANY OTHER 6
MEMBER STATE. 7
D. FOR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY SPOUSES 8
WHO HOLD A LICENSE T HAT IS NOT UNENCUMBERED , THE RECEIVING STATE SHALL 9
GRANT AN EQUIVALENT LICENSE OR LICENSES THAT, IN THE RECEIVING STATE’S 10
SOLE DISCRETION , IS EQUIVALENT TO THE LICENSE OR LICENSES HELD BY THE 11
TEACHER IN ANY OTHER MEMBER STATE, EXCEPT WHERE THE RECEIVING STATE 12
DOES NOT HAVE AN EQU IVALENT LICENSE . 13
E. FOR A TEACHER HOLDING AN UNENCUMBERED CAREER AND 14
TECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN 15
UNENCUMBERED LICENSE EQ UIVALENT TO THE CAREER AND TECHNICAL 16
EDUCATION LICENSE HELD BY THE A PPLYING TEACHER AND ISSUED BY ANOTHER 17
MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN ITS SOLE 18
DISCRETION, EXCEPT WHERE A CAREER AND TECHNICAL EDUCATION TEACHER 19
DOES NOT HOLD A BACH ELOR’S DEGREE AND THE RECEIVING STATE REQUIRES A 20
BACHELOR’S DEGREE FOR LICENSE S TO TEACH CAREER AND TECHNICAL 21
EDUCATION. A RECEIVING STATE MAY REQUIRE CAREER AND TECHNICAL 22
EDUCATION TEACHERS TO MEET STATE INDUSTRY RECOGN IZED REQUIREMENTS , 23
IF REQUIRED BY LAW IN THE RECEIVING STATE. 24
ARTICLE IV. LICENSURE NOT UNDER T HE COMPACT. 25
A. EXCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS 26
COMPACT SHALL BE CONS TRUED TO LIMIT OR IN HIBIT THE POWER OF A MEMBER 27
STATE TO REGULATE LIC ENSURE OR ENDORSEMEN TS OVERSEEN BY THE MEMBER 28
STATE’S LICENSING AUTHORITY. 29
B. WHEN A TEACHER IS REQUIRED T O RENEW A LICENSE RE CEIVED 30
PURSUANT TO THIS COMPACT, THE STATE GRANTING SUCH A LICENSE MAY 31
REQUIRE THE TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS A 32
CONDITION OF LICENSU RE RENEWAL OR ADVANCEME NT IN THAT STATE. 33
C. FOR THE PURPOSES OF D ETERMINING COMPENSAT ION, A RECEIVING 34
STATE MAY REQUIRE ADD ITIONAL INFORMATION FROM TEACHERS RECEIVING A 35
LICENSE UNDER THE PR OVISIONS OF THIS COMPACT. 36
8 HOUSE BILL 1191
D. NOTHING IN THIS COMPACT SHALL BE CO NSTRUED TO LIMIT THE 1
POWER OF A MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP O F ITS 2
INFORMATION PERTAINI NG TO TEACHERS, OR LIMIT THE APPLICA TION OF A 3
MEMBER STATE’S LAWS OR REGULATION S GOVERNING THE OWNE RSHIP, USE, OR 4
DISSEMINATION OF INF ORMATION PERTAIN ING TO TEACHERS. 5
E. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO INVALIDATE OR 6
ALTER ANY EXISTING A GREEMENT OR OTHER CO OPERATIVE ARRANGEMEN T THAT A 7
MEMBER STATE MAY ALREADY BE A PARTY TO, OR LIMIT THE ABILITY OF A MEMBER 8
STATE TO PARTICIPATE IN ANY FUT URE AGREEMENT OR OTH ER COOPERATIVE 9
ARRANGEMENT TO : 10
1. AWARD TEACHING LICENS ES OR OTHER BENEFITS BASED ON 11
ADDITIONAL PROFESSIO NAL CREDENTIALS , INCLUDING, BUT NOT LIMITED TO 12
NATIONAL BOARD CERTIFICATION; 13
2. PARTICIPATE IN THE EX CHANGE OF NAMES OF TEACHERS WHOSE 14
LICENSE HAS BEEN SUB JECT TO AN ADVERSE ACTION BY A MEMBER STATE; OR 15
3. PARTICIPATE IN ANY AG REEMENT OR COOPERATI VE 16
ARRANGEMENT WITH A N ON–MEMBER STATE. 17
ARTICLE V. TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE 18
UNDER THE COMPACT. 19
A. EXCEPT AS PROVIDED FO R ACTIVE MILITARY MEMBERS OR ELIGIBLE 20
MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY ONLY BE E LIGIBLE 21
TO RECEIVE A LICENSE UNDER THIS COMPACT WHERE THAT TEACHER HOLDS AN 22
UNENCUMBERED LICENSE IN A MEMBER STATE. 23
B. A TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS COMPACT 24
SHALL, UNLESS OTHERWISE PRO VIDED FOR HEREIN : 25
1. UPON THEIR APPLICATIO N TO RECEIVE A LICEN SE UNDER THIS 26
COMPACT, UNDERGO A CRIMINAL HISTORY BACKGROUND CHECK IN THE 27
RECEIVING STATE IN ACCORDANCE W ITH THE LAWS AND REGULATIONS OF THE 28
RECEIVING STATE; AND 29
2. PROVIDE THE RECEIVING STATE WITH INFORMATIO N IN 30
ADDITION TO THE INFO RMATION REQUIRED FOR LICENSURE FOR THE PU RPOSES OF 31
DETERMINING COMPENSA TION, IF APPLICABLE. 32
ARTICLE VI. DISCIPLINE AND ADVERSE ACTIONS. 33 HOUSE BILL 1191 9
A. NOTHING IN THIS COMPACT SHALL BE DEEM ED OR CONSTRUED TO 1
LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR IMPOSE 2
DISCIPLINARY MEASURE S ON TEACHERS ACCORDING TO THE STATE PRACTICE 3
LAWS THEREOF . 4
B. MEMBER STATES SHALL BE AUTHO RIZED TO RECEIVE , AND SHALL 5
PROVIDE, FILES AND INFORMATIO N REGARDING THE INVE STIGATION AND 6
DISCIPLINE, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON REQUEST . ANY 7
MEMBER STATE RECEIVING SUCH INFORMATION OR FILES SHALL PROTECT A ND 8
MAINTAIN THE SECURIT Y AND CONFIDENTIALIT Y THEREOF, IN AT LEAST THE SAME 9
MANNER THAT IT MAINT AINS ITS OWN INVESTI GATORY OR DISCIPLINA RY FILES AND 10
INFORMATION . PRIOR TO DISCLOSING A NY DISCIPLINARY OR I NVESTIGATORY 11
INFORMATION RECEIVED FROM ANOTHER MEMBER STATE, THE DISCLOSING STATE 12
SHALL COMMUNICATE IT S INTENTION AND PURP OSE FOR SUCH DISCLOS URE TO THE 13
MEMBER STATE THAT ORIGINALLY PROVIDED THAT INFORM ATION. 14
ARTICLE VII. ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY 15
COMPACT COMMISSION. 16
A. THE INTERSTA TE COMPACT MEMBER STATES HEREBY CREATE AND 17
ESTABLISH A JOINT PU BLIC AGENCY KNOWN AS THE INTERSTATE TEACHER 18
MOBILITY COMPACT COMMISSION: 19
1. THE COMMISSION IS A JOINT INTERSTATE GOVERNMEN TAL 20
AGENCY COMPRISED OF STATES THAT HAVE ENAC TED THE INTERSTATE TEACHER 21
MOBILITY COMPACT. 22
2. NOTHING IN THIS INTER STATE COMPACT SHALL BE CONSTRUED 23
TO BE A WAIVER OF SO VEREIGN IMMUNITY . 24
B. MEMBERSHIP, VOTING, AND MEETINGS. 25
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) 26
DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE T ITLE OF 27
COMMISSIONER . 28
2. THE COMMISSIONER SHALL BE THE PRIMARY ADMINIST RATIVE 29
OFFICER OF THE STATE LICENSING AUTHORITY OR THEIR DE SIGNEE. 30
3. ANY COMMISSIONER MAY BE R EMOVED OR SUSPENDED FROM 31
OFFICE AS PROVIDED B Y THE LAW OF THE STATE FROM WHICH THE COMMISSIONER 32
IS APPOINTED. 33 10 HOUSE BILL 1191
4. THE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN 1
THE COMMISSION WITHIN 90 DAYS. 2
5. EACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE 3
ABOUT THE PROMULGATI ON OF RULES AND CREATION OF BYLAWS AND SHALL 4
OTHERWISE HAVE AN OP PORTUNITY TO PARTICI PATE IN THE BUSINESS AND 5
AFFAIRS OF THE COMMISSION. A COMMISSIONER SHALL VO TE IN PERSON OR BY 6
SUCH OTHER MEANS AS PROVI DED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FO R 7
COMMISSIONERS ’ PARTICIPATION IN MEE TINGS BY TELEPHONE O R OTHER MEANS 8
OF COMMUNICATION . 9
6. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 10
CALENDAR YEAR . ADDITIONAL MEETINGS S HALL BE HELD AS SET FORTH IN THE 11
BYLAWS. 12
7. THE COMMISSION SHALL ESTA BLISH BY RULE A TERM OF OFFICE 13
FOR COMMISSIONERS . 14
C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES. 15
1. ESTABLISH A CODE OF ETHICS FOR THE COMMISSION. 16
2. ESTABLISH THE F ISCAL YEAR OF THE COMMISSION. 17
3. ESTABLISH BYLAWS FOR THE COMMISSION. 18
4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 19
BYLAWS OF THE COMMISSION. 20
5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 21
PROVISIONS OF THIS I NTERSTATE COMP ACT, THE BYLAWS, AND RULES OF THE 22
COMMISSION. 23
6. PROMULGATE UNIFORM RULES TO IMPLEMENT AN D ADMINISTER 24
THIS INTERSTATE COMP ACT. THE RULES SHALL HAVE THE FORCE AND EFFECT OF 25
LAW AND SHALL BE BIN DING IN ALL MEMBER STATES. IN THE EVENT THE 26
COMMISSION EXERC ISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS 27
BEYOND THE SCOPE OF THE PURPOSES OF THE COMPACT, OR THE POWERS 28
GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION SHALL BE 29
INVALID AND HAVE NO FORCE AND EFFECT OF LAW. 30
HOUSE BILL 1191 11
7. BRING AND PROSECUTE L EGAL PROCEEDINGS OR ACTIO NS IN 1
THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY MEMBER 2
STATE LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY 3
NOT BE AFFECTED . 4
8. PURCHASE AND MAINTAIN INSURANCE AND BONDS . 5
9. BORROW, ACCEPT, OR CONTRACT FOR SERVI CES OF PERSONNEL , 6
INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A MEMBER STATE, OR AN 7
ASSOCIATED NONGOVERN MENTAL ORGANIZATION THAT IS OPEN TO MEMB ERSHIP 8
BY ALL STATES. 9
10. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 10
COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 11
AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT , AND ESTABLISH THE 12
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 13
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 14
MATTERS. 15
11. LEASE, PURCHASE, ACCEPT APPROPRIATE G IFTS OR DONATIONS 16
OF, OR OTHERWISE OWN , HOLD, IMPROVE, OR USE, ANY PROPERTY , REAL, 17
PERSONAL OR MIXED , PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL 18
AVOID ANY APPEARANCE OF IMPROPRIETY . 19
12. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 20
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR MIXED. 21
13. ESTABLISH A BUDGET AN D MAKE EXPENDITURES . 22
14. BORROW MONEY . 23
15. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES 24
COMPOSED OF MEMBERS AND S UCH OTHER INTERESTED PERSONS AS MAY BE 25
DESIGNATED IN THIS I NTERSTATE COMPACT , RULES, OR BYLAWS. 26
16. PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 27
WITH, LAW ENFORCEMENT AGEN CIES. 28
17. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE. 29
18. ESTABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE 30
INFORMATION GOVERNANCE COMMITTEE TO ADVISE O N FACILITATING EXCHA NGE 31 12 HOUSE BILL 1191
OF INFORMATION , USE OF INFORMATION , DATA PRIVACY, AND TECHNICAL SUPPOR T 1
NEEDS, AND PROVIDE REPORTS AS NEEDE D. 2
19. PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 3
APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS INTERSTATE COMPA CT 4
CONSISTENT WITH THE STATE REGULATION OF TEACHER LICENSURE . 5
20. DETERMINE WHETHER A STATE’S ADOPTED LANGUAG E IS 6
MATERIALLY DIFFERENT FROM THE MODEL COMPA CT LANGUAGE SUCH THA T THE 7
STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT. 8
D. THE EXECUTIVE COMMITTEE OF THE INTERSTATE TEACHER MOBILITY 9
COMPACT COMMISSION. 10
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 11
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS INTERSTATE 12
COMPACT. 13
2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF EIGHT 14
VOTING MEMBERS : 15
A. THE COMMISSION CHAIR , VICE CHAIR, AND TREASURER ; 16
AND 17
B. FIVE MEMBERS WHO ARE ELECTED BY THE COMMISSION 18
FROM THE CURRENT MEM BERSHIP: 19
I. FOUR VOTING MEMBERS R EPRESENTING 20
GEOGRAPHIC REGIONS I N ACCORDANCE WITH COMMISSION RULES; AND 21
II. ONE AT LARGE VOTING M EMBER IN ACCORDANCE 22
WITH COMMISSION RULES. 23
3. THE COMMISSION MAY ADD OR REMOVE MEMBERS OF TH E 24
EXECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES. 25
4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE 26
ANNUALLY. 27
5. THE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING 28
DUTIES AND RESPONSIB ILITIES: 29
HOUSE BILL 1191 13
A. RECOMMEND TO THE ENTI RE COMMISSION CHANGES TO 1
THE RULES OR BYLAWS, CHANGES TO THE COMPA CT LEGISLATION , FEES PAID BY 2
INTERSTATE COMPACT MEMBER STATES SUCH AS ANNUAL DUES, AND ANY 3
COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF T HE COMMISSION. 4
B. ENSURE COMMISSION ADMINISTRA TION SERVICES ARE 5
APPROPRIATELY PROVID ED, CONTRACTUAL OR OTHER WISE. 6
C. PREPARE AND RECOMMEND THE BUDGET. 7
D. MAINTAIN FINANCIAL RE CORDS ON BEHALF OF T HE 8
COMMISSION. 9
E. MONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE 10
REPORTS TO THE COMMISSION. 11
F. PERFORM OTHER DUTIES AS PROVIDED IN RULES OR 12
BYLAWS. 13
6. MEETINGS OF THE COMMISSION. 14
A. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , AND 15
PUBLIC NOTICE OF MEE TINGS SHALL BE GIVEN IN ACCORDANCE WITH COMMISSION 16
BYLAWS. 17
B. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR 18
OTHER COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , 19
NON–PUBLIC MEETIN G IF THE COMMISSION OR EXECUTIVE COMMITTEE OR OTHER 20
COMMITTEES OF THE COMMISSION MUST DISCU SS: 21
I. NONCOMPLIANCE OF A MEMBER STATE WITH ITS 22
OBLIGATIONS UNDER TH E COMPACT. 23
II. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR 24
OTHER MATTERS , PRACTICES O R PROCEDURES RELATED TO SPECIFIC EMPLOYEE S 25
OR OTHER MATTERS REL ATED TO THE COMMISSION’S INTERNAL PERSONNEL 26
PRACTICES AND PROCED URES. 27
III. CURRENT, THREATENED , OR REASONABLY 28
ANTICIPATED LITIGATI ON. 29
IV. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , 30
LEASE, OR SALE OF GOODS , SERVICES, OR REAL ESTATE . 31 14 HOUSE BILL 1191
V. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 1
CENSURING ANY PERSON . 2
VI. DISCLOSURE OF TRADE S ECRETS OR COMMERCIAL 3
OR FINANCIAL INFORMA TION THAT IS PRIVILEGED OR CONFIDENT IAL. 4
VII. DISCLOSURE OF INFORMA TION OF A PERSONAL 5
NATURE WHERE DISCLOS URE WOULD CONSTITUTE A CLEARLY UNWARRANTE D 6
INVASION OF PERSONAL PRIVACY. 7
VIII. DISCLOSURE OF INVESTI GATIVE RECORDS COMPI LED 8
FOR LAW ENFORCEMENT PURPOSES. 9
IX. DISCLOSURE OF INFORMA TION RELATED TO ANY 10
INVESTIGATIVE REPORT S PREPARED BY OR ON BEHALF OF OR FOR USE OF THE 11
COMMISSION OR OTHER C OMMITTEE CHARGED WIT H RESPONSIBILITY OF 12
INVESTIGATION OR DET ERMINATION OF COMPLI ANCE ISSUES PURSUANT TO THE 13
COMPACT. 14
X. MATTERS SPECIFICALLY EXEMPTED FROM 15
DISCLOSURE BY FEDERA L OR MEMBER STATE STATUTE. 16
XI. OTHER MATTERS AS SET FORTH BY COMMISSION 17
BYLAWS AND RULES. 18
C. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED 19
PURSUANT TO THIS PRO VISION, THE COMMISSION’S LEGAL COUNSEL OR D ESIGNEE 20
SHALL CERTIFY THAT T HE MEETING MAY BE CL OSED AND SHALL REFER ENCE EACH 21
RELEVANT EXEMPTING P ROVISION. 22
D. THE COMMISSION SHALL KEEP MINUTES OF COMMISSION 23
MEETINGS AND SHALL P ROVIDE A FULL AND AC CURATE SUMMARY OF AC TIONS 24
TAKEN, AND THE REASONS THER EFORE, INCLUDING A DESCRIPT ION OF THE VIEWS 25
EXPRESSED. ALL DOCUMENTS CONSIDE RED IN CONNECTION WI TH AN ACTION 26
SHALL BE IDENTIFIED IN SUCH MINUTE S. ALL MINUTES AND DOCUM ENTS OF A 27
CLOSED MEETING SHALL REMAIN UNDER SEAL , SUBJECT TO RELEASE B Y A 28
MAJORITY VOTE OF THE COMMISSION OR ORDER O F A COURT OF COMPETE NT 29
JURISDICTION. 30
7. FINANCING OF THE COMMISSION. 31
HOUSE BILL 1191 15
A. THE COMMISSION SHALL PAY , OR PROVID E FOR THE 1
PAYMENT OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , 2
AND ONGOING ACTIVITI ES. 3
B. THE COMMISSION MAY ACCEPT ALL APPROPRIATE 4
DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND 5
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SA ME, PROVIDED THAT AT 6
ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY OR 7
CONFLICT OF INTEREST . 8
C. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 9
ASSESSMENT FROM EACH MEMBER STATE OR IMPOSE FEES ON OTHER PARTIES TO 10
COVER THE COST OF TH E OPERATIONS AND ACT IVITIES OF THE COMMISSION, IN 11
ACCORDANCE WITH THE COMMISSION RULES. 12
D. THE COMMISSION MAY NOT IN CUR OBLIGATIONS OF A NY 13
KIND PRIOR TO SECURI NG THE FUNDS ADEQUAT E TO MEET THE SAME ; NOR SHALL 14
THE COMMISSION PLED GE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT 15
BY AND WITH THE AUTH ORITY OF THE MEMBER STATE. 16
E. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF 17
ALL RECEIPTS AND DIS BURSEMENTS . THE RECEIPTS AND DISB URSEMENTS OF THE 18
COMMISSION SHALL BE S UBJECT TO ACC OUNTING PROCEDURES E STABLISHED 19
UNDER COMMISSION BYLAWS. ALL RECEIPTS AND DISB URSEMENTS OF FUNDS O F 20
THE COMMISSION SHALL BE R EVIEWED ANNUALLY IN ACCORDANCE WITH 21
COMMISSION BYLAWS, AND A REPORT OF THE REVIEW SHALL BE INCL UDED IN AND 22
BECOME PART OF THE A NNUAL REPORT OF THE COMMISSION. 23
8. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION . 24
A. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , 25
EMPLOYEES AND REPRES ENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM 26
SUIT AND LIABILITY , EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY , FOR 27
ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPER TY OR PERSONAL INJUR Y OR 28
OTHER CIVIL LIABILIT Y CAUSED BY OR ARISI NG OUT OF ANY ACTUAL OR ALLEGED 29
ACT, ERROR OR OMISSION TH AT OCCURRED , OR THAT THE PERSON A GAINST WHOM 30
THE CLAIM IS MADE HA D A REASONABLE BASIS FOR BE LIEVING OCCURRED WIT HIN 31
THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; 32
PROVIDED THAT NOTHIN G IN THIS PARAGRAPH SHALL BE CONSTRUED T O PROTECT 33
ANY SUCH PERSON FROM SUIT OR LIABILITY FO R ANY DAMAGE , LOSS, INJURY, OR 34
LIABILITY CAUSED BY THE IN TENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF 35
THAT PERSON . 36
16 HOUSE BILL 1191
B. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 1
EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION IN 2
ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 3
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 4
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR THAT THE PERSON 5
AGAINST WHOM THE CLA IM IS MADE HAD A REA SONABLE BASIS FOR BE LIEVING 6
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR 7
RESPONSIBILITIES ; PROVIDED THAT NOTHIN G HEREIN SHALL BE CO NSTRUED TO 8
PROHIBIT THAT PERSON FROM RETAINING HIS O R HER OWN COUNSEL ; AND 9
PROVIDED FURTHER , THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION 10
DID NOT RESULT FROM THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON 11
MISCONDUCT . 12
C. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS 13
ANY MEMBER , OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE 14
OF THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT 15
OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , 16
ERROR OR OMISSION TH AT OCCURRED WITHIN T HE SCOPE OF COMMISSION 17
EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A 18
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 19
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE 20
ACTUAL OR ALLEGED AC T, ERROR, OR OMISSION DID NOT RESULT FROM THE 21
INTENTIONAL OR WILLF UL OR WANTON MISCOND UCT OF THAT PERSON . 22
ARTICLE VIII. RULEMAKING . 23
A. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 24
PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS INTERSTATE COMPAC T AND THE 25
RULES ADOPTED THEREUN DER. RULES AND AMENDMENTS SHALL BECOME 26
BINDING AS OF THE DA TE SPECIFIED IN EACH RULE OR AMENDMENT . 27
B. THE COMMISSION SHALL PROMULG ATE REASONABLE RULES TO 28
ACHIEVE THE INTENT A ND PURPOSE OF THIS I NTERSTATE COMPACT . IN THE EVENT 29
THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS 30
BEYOND PURPOSE AND I NTENT OF THIS INTERS TATE COMPACT , OR THE POWERS 31
GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION SHALL BE 32
INVALID AND HAVE NO FORCE AND EFFECT OF LAW IN THE MEMBER STATES. 33
C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 34
REJECTS A RULE, BY ENACTMENT OF A ST ATUTE OR RESOLUTION IN THE SAME 35
MANNER USED TO ADOPT THE COMPACT WITHIN F OUR (4) YEARS OF THE DATE OF 36
ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO FU RTHER FORCE AND 37
EFFECT IN ANY MEMBER STATE. 38 HOUSE BILL 1191 17
D. RULES OR AMENDMENTS T O THE RULES SHALL BE ADOPTE D OR 1
RATIFIED AT A REGULA R OR SP ECIAL MEETING OF THE COMMISSION IN 2
ACCORDANCE WITH COMMISSION RULES AND BYLAWS. 3
E. UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 4
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 5
NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE USUAL 6
RULEMAKING PROCEDURES SHALL BE RETROACTIVE LY APPLIED TO THE RULE AS 7
SOON AS REASONABLY P OSSIBLE, IN NO EVENT LATER TH AN NINETY (90) DAYS 8
AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF T HIS 9
PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY 10
IN ORDER TO: 11
1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 12
WELFARE; 13
2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 14
3. MEET A DEADLINE FOR T HE PROMULGATION OF A N 15
ADMINISTRATIVE RULE THAT IS ESTABLIS HED BY FEDERAL LAW OR RULE; OR 16
4. PROTECT PUBLIC HEALTH AND SAFETY. 17
ARTICLE IX. FACILITATING INFORMATION EXCHANGE. 18
A. THE COMMISSION SHALL PROV IDE FOR FACILITATING THE EXCHANGE 19
OF INFORMATION TO AD MINISTER AND IMPLEME NT THE PROVISIONS OF THIS 20
COMPACT IN A CCORDANCE WITH THE RULES OF THE COMMISSION, CONSISTENT 21
WITH GENERALLY ACCEP TED DATA PROTECTION PRINCIPLES. 22
B. NOTHING IN THIS COMPA CT SHALL BE DEEMED O R CONSTRUED TO 23
ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND 24
MAINTAIN OWNERSHIP OF ITS LICENSEE INFO RMATION OR ALTER , LIMIT, OR 25
INHIBIT THE LAWS OR REGULATIONS GOVERNIN G LICENSEE INFORMATI ON IN THE 26
MEMBER STATE. 27
ARTICLE X. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . 28
A. OVERSIGHT. 29
1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF STATE 30
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE 31 18 HOUSE BILL 1191
ALL ACTIONS NECESSAR Y AND APPROPRIATE TO EFFECTUATE THE COMPACT’S 1
PURPOSES AND INTENT . THE PROVISIONS OF THI S COMPACT SHALL HAVE 2
STANDING AS ST ATUTORY LAW . 3
2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 4
THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 5
COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 6
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DE FENSES 7
TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 8
DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT 9
THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 10
PROFESSIONAL MALPRAC TICE, MISCONDUCT OR ANY SU CH SIMILAR MATTER . 11
3. ALL COURTS AND ALL AD MINISTRATIVE AGENCIE S SHALL TAKE 12
JUDICIAL NOTICE OF T HE COMPACT, THE RULES OF THE COMMISSION, AND ANY 13
INFORMATION PROVIDED TO A MEMBER STATE PURSUANT THERET O IN ANY 14
JUDICIAL OR QUASI –JUDICIAL PROCEEDING I N A MEMBER STATE PERTAINING TO 15
THE SUBJECT MATTER O F THIS COMPACT, OR WHICH MAY AFFECT THE POWERS , 16
RESPONSIBILITIES , OR ACTIONS OF THE COMMISSION. 17
4. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 18
PROCESS IN ANY PROCE EDING R EGARDING THE ENFORCE MENT OR 19
INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN 20
SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION 21
SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 22
COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 23
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 24
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 25
DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 26
UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL : 27
A. PROVIDE WRITTEN NOTIC E TO THE DEFAULTING STATE 28
AND OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT , THE PROPOSED 29
MEANS OF CURING THE DEFAULT OR ANY OTHER ACTION TO BE TAKEN B Y THE 30
COMMISSION; AND 31
B. PROVIDE REMEDIAL TRAI NING AND SPECIFIC TECH NICAL 32
ASSISTANCE REGARDING THE DEFAULT . 33
C. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE DEFAULTING 34
STATE MAY BE TERMINAT ED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 35 HOUSE BILL 1191 19
A MAJORITY OF THE COMMISSIONERS OF THE MEMBER STATES, AND ALL RIGHTS, 1
PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE 2
TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT 3
DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES 4
INCURRED DURING THE PERIOD OF DEFA ULT. 5
D. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 6
ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 7
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 8
THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 9
THE DEFAULTING STATE’S LEGISLATURE , THE STATE LICENSING AUTHORITY AND 10
EACH OF THE MEMBER STATES. 11
E. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 12
ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 13
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 14
BEYOND THE EFFECTIVE DATE OF TERMINATION . 15
F. THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A STATE 16
THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 17
COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN THE COMMISSION AND THE 18
DEFAULTING STATE. 19
G. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 20
COMMISSION BY PETITIO NING THE U.S. DISTRICT COURT FOR THE DISTRICT OF 21
COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 22
PRINCIPAL OFFICES . THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF 23
SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S FEES. 24
H. DISPUTE RESOLUTION. 25
1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 26
ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AMONG 27
MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES. 28
2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR 29
BOTH BINDING AND NON –BINDING ALTERNATIVE DISPUTE RESOLUTION F OR 30
DISPUTES AS APPROPRI ATE. 31
I. ENFORCEMENT . 32
1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 33
DISCRETION, SHALL ENFORCE THE PR OVISIONS AND RULES OF THIS COMPACT. 34 20 HOUSE BILL 1191
2. BY MAJORITY VOTE , THE COMMISSION MAY INITIA TE LEGAL 1
ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 2
OR THE FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES 3
AGAINST A MEMBER STATE IN DEFAULT TO E NFORCE COMPLIANCE WI TH THE 4
PROVISIONS OF THE COMPACT AND ITS PROMU LGATED RULES AND BYLAWS. THE 5
RELIEF SOUGHT MAY IN CLUDE BOTH INJUNCTIV E RELIEF AND DAMAGE S. IN THE 6
EVENT JUDICIAL ENFOR CEMENT IS NECESSARY , THE PREVAILING PARTY SHALL BE 7
AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S 8
FEES. THE REMEDIES HEREIN M AY NOT BE THE EXCLUS IVE REMEDIES OF THE 9
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES A VAILABLE 10
UNDER FEDERAL OR STATE LAW. 11
ARTICLE XI. EFFECTUATION , WITHDRAWAL, AND AMENDMENT . 12
A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 13
COMPACT STATUTE IS EN ACTED INTO LAW IN TH E TENTH MEMBER STATE. 14
1. ON OR AFTER THE EFFECTIVE DAT E OF THE COMPACT, THE 15
COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 16
CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY EACH 17
SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT FROM THE MO DEL 18
COMPACT STATUTE . 19
2. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO BE 20
MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE SHALL BE 21
ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN ARTICLE X. 22
3. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 23
CHARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET F ORTH IN 24
ARTICLE VII.C.20 TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY 25
DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 26
FOR PARTICIPATION IN THE COMPACT. 27
B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT , OR IS 28
TERMINATED OR WITHDR AWS FROM THE COMPACT, THE COMMISSION SHALL 29
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 30
NUMBER OF MEMBER STATES SHOULD BE LESS THAN TEN. 31
C. ANY STATE THAT JOINS THE COMPACT AFTER THE COMMISSION’S 32
INITIAL ADOPTION OF THE RULES AND BYLAWS SHALL BE SUBJE CT TO THE RULES 33
AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW 34
IN THAT STATE. ANY RULE THAT HAS BEEN PR EVIOUSLY ADOPTED BY THE 35 HOUSE BILL 1191 21
COMMISSION SHALL HAVE THE FULL FORCE AND EFFECT OF LAW ON THE DAY THE 1
COMPACT BECOMES LAW I N THAT STATE, AS THE RULES AND BYLAWS MAY BE 2
AMENDED AS PROVIDED IN THIS COMPACT. 3
D. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY 4
ENACTING A STATUTE R EPEALING THE SAME . 5
1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTIL 6
SIX (6) MONTHS AFTER ENACTME NT OF THE REPEALING STATUTE. 7
2. WITHDRAWAL MAY NOT AF FECT THE CONTINUING REQUIREMENT 8
OF THE WITHDRAWING STATE’S LICENSING AUTHORITY TO COMPLY W ITH THE 9
INVESTIGATIVE AND ADVERSE ACTION REPORTING REQU IREMENTS OF THIS ACT 10
PRIOR TO THE EFFECTI VE DATE OF WITHDRAWA L. 11
E. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO 12
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 13
ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES. 14
ARTICLE XII. CONSTRUCTION AND SEVERABILITY. 15
THIS COMPACT SHALL BE LIBE RALLY CONSTRUED TO E FFECTUATE THE 16
PURPOSES THEREOF . THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE 17
AND IF ANY PHRASE , CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS 18
DECLARED TO BE CONTR ARY TO THE CONSTITUT ION OF ANY MEMBER STATE OR A 19
STATE SEEKING MEMBERS HIP IN THE COMPACT , OR OF THE UNITED STATES OR THE 20
APPLICABILITY THEREO F TO ANY OTHER GOVER NMENT, AGENCY, PERSON OR 21
CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS 22
COMPACT AND THE APPLI CABILITY THEREOF TO ANY GOVERNMENT , AGENCY, 23
PERSON, OR CIRCUMSTANCE MAY NOT BE AFFECTED THER EBY. IF THIS COMPACT 24
SHALL BE HELD CONTRA RY TO THE CONSTITUTI ON OF ANY MEMBER STATE, THE 25
COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING 26
MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE MEMBER STATE 27
AFFECTED AS TO ALL S EVERABLE MATTERS . 28
ARTICLE XIII. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 29
A. NOTHING HEREIN SHALL PREVENT OR INHIBIT THE ENFORCEMENT OF 30
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 31
COMPACT. 32
22 HOUSE BILL 1191
B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 1
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 2
SUPERSEDED TO THE EX TENT OF THE CONFLICT. 3
C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 4
MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEI R TERMS. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is contingent on the 6
enactment of substantially similar legislation in 10 other states. The State Department of 7
Education shall notify the Department of Legislative Services within 10 days after 10 states 8
have enacted legislation that is substantially similar to this Act. 9
SECTION 4. AND BE IT FURTHER ENACTED, That , subject to Section 3 of this 10
Act, this Act shall take effect October 1, 2024. 11