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SENATE FLOOR VERSION
March 30, 2021
ENGROSSED HOUSE
BILL NO. 2770 By: Randleman of the House
and
Standridge of the Senate
An Act relating to the Psychology Interjurisdictional
Compact; amending Section 13, Chapter 187, O.S.L.
2019 (59 O.S. Supp. 2020, Section 1389), which
relates to Compact oversight, dispute resolution and
enforcement; modifying court in which appeal or legal
action may be brought; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 13, Chapter 187, O.S.L.
2019 (59 O.S. Supp. 2020, Section 1389), is amended to read as
follows:
Section 1389. A. Oversight.
1. The executive, legislative and judicial branches of stat e
government in each compact state shall enforce th is Compact and take
all actions necessary and appropriate to effectuate the Compact's
purposes and intent. The provisions of this Compact and the rules
promulgated hereunder shall have standing as statuto ry law.
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2. All courts shall take judicial notice o f the Compact and the
rules in any judicial or administrative proceeding in a compact
state pertaining to the subject matter of this Compact which may
affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commission shall render a judgme nt or order void
as to the Commission, this Compact or promulgated rules.
B. Default, Technical Assistance and Termination.
1. If the Commission determines that a compact state has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated rules, the Commiss ion shall:
a. provide written notice to the defaulting state and
other compact states of the nature of the default, the
proposed means of remedying the default and any other
action to be taken by the Commi ssion, and
b. provide remedial training and specifi c technical
assistance regarding the default.
2. If a state in default fails to remedy the default, the
defaulting state may be terminated from the Compact upon an
affirmative vote of the majority of the compact states, and all
rights, privileges and bene fits conferred by this Compact shall be
terminated on the effective date of termination. A remedy of the
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default does not relieve the offending state of obligations or
liabilities incurred during the peri od of default.
3. 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
submitted by the Commission to the Governor, the majority and
minority leaders of the defaulting state's leg islature, and each of
the compact states.
4. A compact state which has been terminated is responsible for
all assessments, obligations and liabilities incurred through the
effective date of termination, i ncluding obligations which extend
beyond the effective date of termination.
5. The Commission shall not bear any costs incurred by the
state which is found to be in default or which has been terminated
from the Compact, unless agreed upon in writing betwe en the
Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission
by petitioning the United States District Court for the State of
Oklahoma Georgia or the federal district where the Compact has its
principal offices. The prevailing member shall be awarded all cos ts
of such litigation, including reasonable attorney fees.
C. Dispute Resolution.
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1. Upon request by a compact state, the Commission shall
attempt to resolve disputes related to the Compact which arise a mong
compact states and between compact and noncomp act states.
2. The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes that arise
before the Commission.
D. Enforcement.
1. The Commission, in the reasonable exercise of its
discretion, shall enfor ce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the State of Oklahoma
Georgia or the federal district whe re the Compact has its principal
offices against a compact 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 judi cial enforcement is necessary, the
prevailing member shall be awarded all costs of such litigation,
including reasonable attorney fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other reme dies
available under federal or state law.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 30, 2021 - DO PASS