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HOUSE BILL 110
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Debra M. Sariñana
AN ACT
RELATING TO EDUCATION; ENACTING THE INTERSTATE TEACHER MOBILITY
COMPACT; PROVIDING FOR COMPACT ADMINISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Interstate Teacher Mobility Compact".
SECTION 2. [NEW MATERIAL] INTERSTATE TEACHER MOBILITY
COMPACT ENTERED INTO.--The "Interstate Teacher Mobility
Compact" is enacted into law and entered into on behalf of New
Mexico with any and all other states legally joining therein
in a form substantially as follows:
"INTERSTATE TEACHER MOBILITY COMPACT
ARTICLE 1 - PURPOSE
The purpose of the Interstate Teacher Mobility Compact is
to facilitate the mobility of teachers across the member
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states, with the goal of supporting teachers through a new
pathway to licensure. Through the compact, the member states
seek to establish a collective regulatory framework that
expedites and enhances the ability of teachers to move across
state lines. The compact is intended to achieve the following
objectives and should be interpreted accordingly, and the
member states hereby ratify the same intentions by subscribing
to the compact:
A. create a streamlined pathway to licensure
mobility for teachers;
B. support the relocation of eligible military
spouses;
C. facilitate and enhance the exchange of licensure
and investigative and disciplinary information between the
member states;
D. enhance the power of state- and school-district-
level education officials to hire qualified, competent teachers
by removing barriers to the employment of out-of-state
teachers;
E. support the retention of teachers in the
profession by removing barriers to relicensure in a new state;
and
F. maintain state sovereignty in the regulation of
the teaching profession.
ARTICLE 2 - DEFINITIONS
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As used in the Interstate Teacher Mobility Compact, and
except as otherwise provided, the following definitions govern
the terms in the compact:
A. "active military member" means a person with
full-time duty status in the armed forces of the United States,
including members of the national guard and reserve;
B. "adverse action" means any limitation or
restriction imposed by a member state's licensing authority,
such as revocation, suspension, reprimand, probation or
limitation on the licensee's ability to work as a teacher;
C. "bylaws" means the bylaws established by the
commission;
D. "career and technical education license" means a
current, valid authorization issued by a member state's
licensing authority allowing a person to serve as a teacher in
kindergarten through twelfth grade public educational settings
in a specific career and technical education area;
E. "charter member state" means a member state that
has enacted legislation to adopt the compact where such
legislation predates the initial meeting of the commission
after the effective date of the compact;
F. "commission" means the interstate administrative
body, which membership consists of delegates of all states that
have enacted the compact, and that is known as the Interstate
Teacher Mobility Compact commission;
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G. "commissioner" means the delegate of a member
state;
H. "eligible license" means a license to engage in
the teaching profession that requires at least a bachelor's
degree and the completion of a state-approved program for
teacher licensure;
I. "eligible military spouse" means the spouse of
an active military member who is moving as a result of a
military mission or military career progression requirements or
is on the military member's terminal move as a result of
separation or retirement, or a surviving spouse of a deceased
military member;
J. "executive committee" means a group of
commissioners elected or appointed to act on behalf of, and
within the powers granted to them by, the commission as
provided for in the compact;
K. "licensing authority" means an official, agency,
board or other entity of a state that is responsible for the
licensing and regulation of teachers authorized to teach
kindergarten through twelfth grade in public educational
settings;
L. "member state" means a state that has adopted
the compact, including all agencies and officials of such a
state;
M. "receiving state" means a member state where a
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teacher has applied for licensure under the compact;
N. "rule" means any regulation promulgated by the
commission under the compact, and it shall have the force of
law in each member state;
O. "state" means a state, territory or possession
of the United States or the District of Columbia;
P. "state practice laws" means a member state's
laws, rules and regulations that govern the teaching
profession, define the scope of such profession and create the
methods and grounds for imposing discipline;
Q. "state-specific requirements" means requirements
for licensure covered in coursework or examination that
includes content of unique interest to the state;
R. "teacher" means a person who currently holds an
authorization from a member state that forms the basis for
employment in kindergarten through twelfth grade public schools
of the state to provide instruction in a specific subject area,
grade level or student population; and
S. "unencumbered license" means a current, valid
authorization issued by a member state's licensing authority
allowing a person to serve as a teacher in kindergarten through
twelfth grade public educational settings. An "unencumbered
license" is not a restricted, probationary, provisional,
substitute or temporary credential.
ARTICLE 3 - LICENSURE UNDER THE COMPACT
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A. Licensure under the Interstate Teacher Mobility
Compact pertains only to the initial grant of a license by the
receiving state. Nothing in the compact applies to any
subsequent or ongoing compliance requirements that a receiving
state might require for teachers.
B. Each member state shall, in accordance with the
rules of the commission, define, compile and update as
necessary a list of eligible licenses and career and technical
education licenses that the member state is willing to consider
for equivalency under the compact and provide the list to the
commission. The list shall include those licenses that a
receiving state is willing to grant to teachers from other
member states, pending a determination of equivalency by the
receiving state's licensing authority.
C. Upon the receipt of an application for licensure
by a teacher holding an unencumbered license, the receiving
state shall determine which of the receiving state's eligible
licenses the teacher is qualified to hold and shall grant the
license or licenses to the applicant. Such a determination
shall be made in the sole discretion of the receiving state's
licensing authority and may include a determination that the
applicant is not eligible for any of the receiving state's
eligible licenses. For all teachers who hold an unencumbered
license, the receiving state shall grant one or more
unencumbered licenses that, in the receiving state's sole
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discretion, are equivalent to the licenses held by the teacher
in any other member state.
D. For an active military member or eligible
military spouse who holds a license that is not unencumbered,
the receiving state shall grant an equivalent license or
licenses that, in the receiving state's sole discretion, is
equivalent to the license or licenses held by the teacher in
any other member state, except where the receiving state does
not have an equivalent license.
E. For a teacher holding an unencumbered career and
technical education license, the receiving state shall grant an
unencumbered license equivalent to the career and technical
education license held by the applying teacher and issued by
another member state, as determined by the receiving state in
its sole discretion, except where a career and technical
education teacher does not hold a bachelor's degree and the
receiving state requires a bachelor's degree for licenses to
teach career and technical education. A receiving state may
require career and technical education teachers to meet state-
industry-recognized requirements if required by law in the
receiving state.
ARTICLE 4 - LICENSURE NOT UNDER THE COMPACT
A. Except as provided in Article 3 of the
Interstate Teacher Mobility Compact, nothing in the compact
shall be construed to limit or inhibit the power of a member
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state to regulate licensure or endorsements overseen by the
member state's licensing authority.
B. When a teacher is required to renew a license
received pursuant to the compact, the state granting the
license may require the teacher to complete state-specific
requirements as a condition of licensure renewal or advancement
in that state.
C. For the purposes of determining compensation, a
receiving state may require additional information from
teachers receiving a license under the provisions of the
compact.
D. Nothing in the compact shall be construed to
limit the power of a member state to control and maintain
ownership of the member state's information pertaining to
teachers or limit the application of a member state's laws or
regulations governing the ownership, use or dissemination of
information pertaining to teachers.
E. Nothing in the compact shall be construed to
invalidate or alter any existing agreement or other cooperative
arrangement that a member state may already be a party to or
limit the ability of a member state to participate in any
future agreement or other cooperative arrangement to:
(1) award teaching licenses or other benefits
based on additional professional credentials, including, but
not limited to, national board certification;
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(2) participate in the exchange of names of
teachers whose licenses have been subject to an adverse action
by a member state; or
(3) participate in any agreement or
cooperative arrangement with a nonmember state.
ARTICLE 5 - TEACHER QUALIFICATIONS AND REQUIREMENTS
FOR LICENSURE UNDER COMPACT
A. Except as provided for active military members
or eligible military spouses in Subsection D of Article 3 of
the Interstate Teacher Mobility Compact, a teacher may only be
eligible to receive a license under the compact where that
teacher holds an unencumbered license in a member state.
B. A teacher eligible to receive a license under
the compact shall, unless otherwise provided for in the
compact:
(1) upon the teacher's application to receive
a license, undergo a criminal background check in the receiving
state in accordance with the laws and regulations of the
receiving state; and
(2) provide the receiving state with
information in addition to the information required for
licensure for the purposes of determining compensation, if
applicable.
ARTICLE 6 - DISCIPLINE AND ADVERSE ACTIONS
A. Nothing in the Interstate Teacher Mobility
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Compact shall be deemed or construed to limit the authority of
a member state to investigate or impose disciplinary measures
on teachers according to its state practice laws.
B. Member states shall be authorized to receive,
and shall provide, files and information regarding the
investigation and discipline, if any, of a teacher in other
member states upon request. Any member state receiving such
information or files shall protect and maintain the security
and confidentiality thereof, in at least the same manner that
the member state maintains its own investigatory or
disciplinary files and information. Prior to disclosing any
disciplinary or investigatory information received from another
member state, the disclosing state shall communicate its
intention and purpose for such disclosure to the member state
that originally provided the information.
ARTICLE 7 - ESTABLISHMENT OF THE INTERSTATE TEACHER
MOBILITY COMPACT COMMISSION
A. The member states hereby create and establish a
joint public agency known as the Interstate Teacher Mobility
Compact commission as follows:
(1) the commission is a joint interstate
governmental agency comprising states that have enacted the
Interstate Teacher Mobility Compact; and
(2) nothing in the compact shall be construed
to be a waiver of sovereign immunity.
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B. Membership, voting and meetings shall be as
follows:
(1) each member state shall have and be
limited to one delegate to the commission, who shall be given
the title of commissioner;
(2) the commissioner shall be the primary
administrative officer of the state licensing authority or the
officer's designee;
(3) a commissioner may be removed or suspended
from office as provided by the laws of the state from which the
commissioner is appointed;
(4) the member state shall fill any vacancy
occurring in the commission within ninety days;
(5) each commissioner shall be entitled to one
vote about the promulgation of rules and creation of bylaws and
shall otherwise have an opportunity to participate in the
business and affairs of the commission. A commissioner shall
vote in person or by such other means as provided in the
bylaws. The bylaws may provide for commissioners'
participation in meetings by telephone or other means of
communication;
(6) the commission shall meet at least once
during each calendar year. Additional meetings shall be held
as set forth in the bylaws; and
(7) the commission shall establish by rule a
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term of office for commissioners.
C. The commission shall have the following powers
and duties to:
(1) establish a code of ethics for the
commission;
(2) establish the fiscal year of the
commission;
(3) establish bylaws for the commission;
(4) maintain its financial records in
accordance with the bylaws of the commission;
(5) meet and take such actions as are
consistent with the provisions of the compact, the bylaws and
rules of the commission;
(6) promulgate uniform rules to implement and
administer the compact. The rules shall have the force and
effect of law and shall be binding in all member states. In
the event the commission exercises its rulemaking authority in
a manner that is beyond the scope of the purposes of the
compact or the powers granted pursuant to the compact, then
such an action by the commission shall be invalid and have no
force and effect of law;
(7) bring and prosecute legal proceedings or
actions in the name of the commission; provided that the
standing of any member state licensing authority to sue or be
sued under applicable law shall not be affected;
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(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of
personnel, including employees of a member state or an
associated nongovernmental organization that is open to
membership by all states;
(10) hire employees, elect or appoint
officers, fix compensation, define duties, grant such employees
and officers appropriate authority to carry out the purposes of
the compact and establish the commission's personnel policies
and programs relating to conflicts of interest, qualifications
of personnel and other related personnel matters;
(11) lease, purchase, accept appropriate gifts
or donations of, or otherwise own, hold, improve or use, any
property, real, personal or mixed; provided that at all times,
the commission shall avoid any appearance of impropriety;
(12) sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, real,
personal or mixed;
(13) establish a budget and make expenditures;
(14) borrow money;
(15) appoint committees, including standing
committees composed of members and such other interested
persons as may be designated in the compact, rules or bylaws;
(16) provide and receive information from and
cooperate with law enforcement agencies;
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(17) establish and elect an executive
committee;
(18) establish and develop a charter for an
executive information governance committee to advise on
facilitating exchange of information and use of information,
data privacy and technical support needs and provide reports as
needed;
(19) perform such other functions as may be
necessary or appropriate to achieve the purposes of the compact
consistent with the state regulation of teacher licensure; and
(20) determine whether a state's adopted
language is materially different from the model compact
language such that the state would not qualify for
participation in the compact.
D. The executive committee shall act on behalf of
the commission according to the terms of the compact. The
executive committee shall be composed of eight voting members
as follows:
(1) the commission chair, vice chair and
treasurer; and
(2) five members who are elected by the
commission from the current membership as follows:
(a) four voting members representing
geographic regions in accordance with commission rules; and
(b) one at-large voting member in
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accordance with commission rules.
E. The commission may add or remove members of the
executive committee as provided in commission rules.
F. The executive committee shall meet at least once
annually.
G. The executive committee shall have the following
duties and responsibilities to:
(1) recommend to the commission changes to the
rules or bylaws, changes to the compact legislation, fees paid
by member states, such as annual dues and any compact fee
charged by the member states on behalf of the commission;
(2) ensure commission administration services
are appropriately provided, contractual or otherwise;
(3) prepare and recommend the commission's
budget;
(4) maintain financial records on behalf of
the commission;
(5) monitor compliance of member states and
provide reports to the commission; and
(6) perform other duties as provided in rules
or bylaws.
H. All meetings of the commission shall be open to
the public, and public notice of meetings shall be given in
accordance with commission bylaws.
I. The commission, executive committee or other
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committees of the commission may convene in a closed, nonpublic
meeting if the commission, executive committee or other
committees of the commission must discuss:
(1) noncompliance of a member state with its
obligations under the compact;
(2) the employment, compensation, discipline
or other matters, practices or procedures related to specific
employees or other matters related to the commission's internal
personnel practices and procedures;
(3) current, threatened or reasonably
anticipated litigation;
(4) negotiation of contracts for the purchase,
lease or sale of goods, services or real estate;
(5) accusing any person of a crime or formally
censuring any person;
(6) disclosure of trade secrets or commercial
or financial information that is privileged or confidential;
(7) disclosure of information of a personal
nature of which disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(8) disclosure of investigative records
compiled for law enforcement purposes;
(9) disclosure of information related to any
investigative reports prepared by or on behalf of or for use of
the commission or other committee charged with responsibility
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of investigation or determination of compliance issues pursuant
to the compact;
(10) matters specifically exempted from
disclosure by federal or member state statute; and
(11) other matters as set forth by commission
bylaws and rules.
J. If a meeting or portion of a meeting is closed
pursuant to Subsection I of this article, the commission's
legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
K. The commission shall keep minutes of commission
meetings and shall provide a full and accurate summary of
actions taken and the reasons for the actions, including a
description of the views expressed. All documents considered
in connection with an action shall be identified in the
minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the
commission or order of a court of competent jurisdiction.
L. The commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization and ongoing activities.
M. The commission may accept all appropriate
donations and grants of money, equipment, supplies, materials
and services and receive, use and dispose of the same; provided
that at all times, the commission shall avoid any appearance of
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impropriety or conflict of interest.
N. The commission may levy on and collect an annual
assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities of
the commission in accordance with the commission rules.
O. The commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the same;
nor shall the commission pledge the credit of any of the member
states, except by and with the authority of the member state.
P. The commission shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements
of the commission shall be subject to accounting procedures
established under commission bylaws. All receipts and
disbursements of funds of the commission shall be reviewed
annually in accordance with commission bylaws, and a report of
the review shall be included in and become part of the annual
report of the commission.
Q. The members, officers, executive director,
employees and representatives of the commission shall be immune
from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of an actual or alleged act, error or omission that
occurred or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of
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commission employment, duties or responsibilities; provided
that nothing in this subsection shall be construed to protect
such person from suit or liability for any damage, loss, injury
or liability caused by the intentional or willful or wanton
misconduct of that person.
R. The commission shall defend any member, officer,
executive director, employee or representative of the
commission in a civil action seeking to impose liability
arising out of an actual or alleged act, error or omission that
occurred within the scope of commission employment, duties or
responsibilities or that the person against whom the claim is
made had a reasonable basis for believing occurred within the
scope of commission employment, duties or responsibilities;
provided that nothing in this subsection shall be construed to
prohibit that person from retaining the person's own counsel;
and provided further that the actual or alleged act, error or
omission did not result from that person's intentional or
willful or wanton misconduct.
S. The commission shall indemnify and hold harmless
any member, officer, executive director, employee or
representative of the commission for the amount of a settlement
or judgment obtained against that person arising out of an
actual or alleged act, error or omission that occurred within
the scope of commission employment, duties or responsibilities
or that such person had a reasonable basis for believing
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occurred within the scope of commission employment, duties or
responsibilities; provided that the actual or alleged act,
error or omission did not result from the intentional or
willful or wanton misconduct of that person.
ARTICLE 8 - RULEMAKING
A. The commission shall exercise its rulemaking
powers pursuant to the criteria set forth in the Interstate
Teacher Mobility Compact and the rules adopted pursuant to the
compact. Rules and amendments are binding as of the date
specified in each rule or amendment.
B. The commission shall promulgate reasonable rules
to achieve the intent and purpose of the compact. In the event
the commission exercises its rulemaking authority in a manner
that is beyond the purpose and intent of the compact or the
powers granted by the compact, such action by the commission
shall be invalid and have no force and effect of law in the
member states.
C. If a majority of the legislatures of the member
states rejects a rule by enactment of a statute or resolution
in the same manner used to adopt the compact within four years
of the date of adoption of the rule, then the rule shall have
no further force and effect in any member state.
D. Rules or amendments to the rules shall be
adopted or ratified at a regular or special meeting of the
commission in accordance with commission rules and bylaws.
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E. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule with forty-
eight hours' notice with opportunity to comment; provided that
the usual rulemaking procedures shall be retroactively applied
to the emergency rule as soon as reasonably possible, but in no
event later than ninety days after the effective date of the
emergency rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately in order
to:
(1) meet an imminent threat to public health,
safety or welfare;
(2) prevent a loss of commission or member
state funds;
(3) meet a deadline for the promulgation of an
administrative rule that is established by federal law or
regulation; or
(4) protect public health and safety.
ARTICLE 9 - FACILITATING INFORMATION EXCHANGE
A. The commission shall provide for facilitating
the exchange of information to administer and implement the
provisions of the Interstate Teacher Mobility Compact in
accordance with the rules of the commission and consistent with
generally accepted data protection principles.
B. Nothing in the compact shall be deemed or
construed to alter, limit or inhibit the power of a member
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state to control and maintain ownership of its licensee
information or alter, limit or inhibit the laws or regulations
governing licensee information in the member state.
ARTICLE 10 - OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. The executive and judicial branches of state
government in each member state shall enforce the Interstate
Teacher Mobility Compact and take all actions necessary and
appropriate to effectuate the compact's purposes and intent.
The provisions of the compact shall have standing as statutory
law.
B. Venue is proper, and judicial proceedings by or
against the commission shall be brought solely and exclusively
in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue
and jurisdictional defenses to the extent it adopts or consents
to participate in alternative dispute resolution proceedings.
Nothing in the compact shall affect or limit the selection or
propriety of venue in any action against a licensee for
professional malpractice, misconduct or similar matter.
C. All courts and all administrative agencies shall
take judicial notice of the compact, the rules of the
commission and any information provided to a member state
pursuant to the compact or the rules of the commission in any
judicial or quasi-judicial proceeding in a member state
pertaining to the subject matter of the compact or that may
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affect the powers, responsibilities or actions of the
commission.
D. The commission is entitled to receive service of
process in any proceeding regarding the enforcement or
interpretation of the compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide the commission service of process shall render a
judgment or order void as to the commission, the compact or
promulgated rules.
E. If the commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under the compact or the promulgated rules,
the commission shall provide:
(1) written notice to the defaulting member
state and other member states of the nature of the default, the
proposed means of curing the default or any other action to be
taken by the commission; and
(2) remedial training and specific technical
assistance regarding the default.
F. If a member state in default fails to cure the
default, the defaulting member state may be terminated from the
compact upon an affirmative vote of a majority of the
commissioners of the member states, and all rights, privileges
and benefits conferred on that member state by the compact may
be terminated on the effective date of termination. A cure of
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the default does not relieve the offending member state of
obligations or liabilities incurred during the period of
default.
G. Termination of membership in the compact shall
be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the member state's
governor, the majority and minority leaders of the defaulting
member state's legislature, the state licensing authority and
each of the other member states.
H. A state that has been terminated is responsible
for all assessments, obligations and liabilities incurred
through the effective date of termination, including
obligations that extend beyond the effective date of
termination.
I. The commission shall not bear any costs related
to a member state that is found to be in default or a state
that has been terminated from the compact, unless agreed upon
in writing between the commission and the defaulting or
terminated state.
J. The defaulting member state may appeal the
action of the commission by petitioning the United States
district court for the District of Columbia or the federal
district where the commission has its principal offices. The
prevailing party shall be awarded all costs of such litigation,
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including reasonable attorney fees.
K. Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that
arise among member states and between member and nonmember
states.
L. The commission shall promulgate a rule providing
for both binding and nonbinding alternative dispute resolution
for disputes as appropriate.
M. The commission, in the reasonable exercise of
its discretion, shall enforce the provisions of the compact and
rules promulgated in accordance with the compact.
N. By majority vote, the commission may initiate
legal action in the United States district court for the
District of Columbia or the federal district where the
commission has its principal offices against a member state in
default to enforce compliance with the provisions of the
compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney fees. The remedies herein shall not be the
exclusive remedies of the commission. The commission may
pursue any other remedies available under federal or state law.
ARTICLE 11 - EFFECTUATION, WITHDRAWAL AND AMENDMENT
A. The Interstate Teacher Mobility Compact shall
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come into effect on the date on which the compact statute is
enacted into law in the tenth member state.
B. On or after the effective date of the compact,
the commission shall convene and review the enactment of each
of the charter member states to determine if the statute
enacted by each such charter member state is materially
different from the model compact statute.
C. A charter member state whose enactment is found
to be materially different from the model compact statute shall
be entitled to the default process set forth in Article 10 of
the Interstate Teacher Mobility Compact.
D. Member states enacting the compact subsequent to
the charter member states shall be subject to the process set
forth in Paragraph (20) of Subsection C of Article 7 of the
Interstate Teacher Mobility Compact to determine if their
enactments are materially different from the model compact
statute and whether they qualify for participation in the
compact.
E. If a member state is later found to be in
default or is terminated or withdraws from the compact, the
commission shall remain in existence, and the compact shall
remain in effect even if the number of member states should be
fewer than ten.
F. A state that joins the compact after the
commission's initial adoption of the rules and bylaws shall be
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subject to the rules and bylaws as they exist on the date on
which the compact becomes law in that state. A rule that has
been previously adopted by the commission shall have the full
force and effect of law on the day the compact becomes law in
that state, as the rules and bylaws may be amended as provided
in the compact.
G. A member state may withdraw from the compact by
enacting a statute repealing the compact, and the following
provisions apply:
(1) a member state's withdrawal shall not take
effect until six months after enactment of the repealing
statute; and
(2) withdrawal shall not affect the continuing
requirement of the withdrawing state's licensing authority to
comply with the investigative and adverse action reporting
requirements of the compact prior to the effective date of
withdrawal.
H. The compact may be amended by the member states.
An amendment to the compact shall not become effective and
binding on a member state until it is enacted into the laws of
all member states.
ARTICLE 12 - CONSTRUCTION AND SEVERABILITY
The Interstate Teacher Mobility Compact shall be
liberally construed to effectuate the purposes of the compact.
The provisions of the compact shall be severable, and if any
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phrase, clause, sentence or provision of the compact is
declared to be contrary to the constitution of a member state
or a state seeking membership in the compact, or of the United
States constitution or the applicability of the compact to any
other government, agency, person or circumstance is held
invalid, the validity of the remainder of the compact and the
applicability to any government, agency, person or circumstance
shall not be affected. If the compact shall be held contrary
to the constitution of a member state, the compact shall remain
in full force and effect as to the remaining member states and
in full force and effect as to the member state affected as to
all severable matters.
ARTICLE 13 - CONSISTENT EFFECT AND CONFLICT WITH OTHER
STATE LAWS
A. Nothing in the Interstate Teacher Mobility
Compact shall prevent or inhibit the enforcement of other laws
of a member state that is not inconsistent with the compact.
B. Any laws, statutes, rules or other legal
requirements in a member state in conflict with the compact are
superseded to the extent of the conflict.
C. All permissible agreements between the
commission and the member state are binding in accordance with
the terms of the agreement.".
SECTION 3. [NEW MATERIAL] NEW MEXICO COMMISSIONER.--The
secretary of public education or the secretary's designee shall
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be the New Mexico Interstate Teacher Mobility Compact
commissioner.
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