Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB331 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 300 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL 
No.331 
Session of 
2025 
INTRODUCED BY ARGALL, ROTHMAN, CULVER, VOGEL, FONTANA, COSTA AND 
SCHWANK, FEBRUARY 28, 2025 
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, 
FEBRUARY 28, 2025 
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the 
Cosmetology Licensure Compact; and providing for the form of 
the compact.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Short title.
This act shall be known and may be cited as the Cosmetology 
Licensure Compact Act.
Section 2.  Authority to execute compact.
The Governor, on behalf of the Commonwealth, is hereby 
authorized to execute a compact in substantially the following 
form with any one or more of the states of the United States and 
the General Assembly hereby signifies in advance its approval 
and ratification of the compact:
COSMETOLOGY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate the interstate 
practice and regulation of Cosmetology with the goal of 
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18 improving public access to, and the safety of, Cosmetology 
Services and reducing unnecessary burdens related to Cosmetology 
licensure. Through this Compact, the Member States seek to 
establish a regulatory framework which provides for a new 
multistate licensing program. Through this new licensing 
program, the Member States seek to provide increased value and 
mobility to licensed Cosmetologists in the Member States, while 
ensuring the provision of safe, effective, and reliable services 
to the public.
This Compact is designed to achieve the following objectives, 
and the Member States hereby ratify the same intentions by 
subscribing hereto:
A. Provide opportunities for interstate practice by 
Cosmetologists who meet uniform requirements for multistate 
licensure;
B. Enhance the abilities of Member States to protect public 
health and safety, and prevent fraud and unlicensed activity 
within the profession;
C. Ensure and encourage cooperation between Member States in 
the licensure and regulation of the Practice of Cosmetology;
D. Support relocating military members and their spouses;
E. Facilitate the exchange of information between Member 
States related to the licensure, investigation, and discipline 
of the Practice of Cosmetology;
F. Provide for the licensure and mobility of the workforce in 
the profession, while addressing the shortage of workers and 
lessening the associated burdens on the Member States.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, 
the following definitions shall govern the terms herein:
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duty status in the armed forces of the United States, including 
members of the National Guard and Reserve.
B. "Adverse Action" means any administrative, civil, 
equitable, or criminal action permitted by a Member State's laws 
which is imposed by a State Licensing Authority or other 
regulatory body against a Cosmetologist, including actions 
against an individual's license or Authorization to Practice 
such as revocation, suspension, probation, monitoring of the 
Licensee, limitation of the Licensee's practice, or any other 
Encumbrance on a license affecting an individual's ability to 
participate in the Cosmetology industry, including the issuance 
of a cease and desist order.
C. "Authorization to Practice" means a legal authorization 
associated with a Multistate License permitting the Practice of 
Cosmetology in that Remote State, which shall be subject to the 
enforcement jurisdiction of the State Licensing Authority in 
that Remote State.
D. "Alternative Program" means a non-disciplinary monitoring 
or prosecutorial diversion program approved by a Member State's 
State Licensing Authority.
E. "Background Check" means the submission of information for 
an applicant for the purpose of obtaining that applicant's 
criminal history record information, as further defined in 28 
C.F.R. ยง 20.3(d), from the Federal Bureau of Investigation and 
the agency responsible for retaining State criminal or 
disciplinary history in the applicant's Home State.
F. "Charter Member State" means Member States who have 
enacted legislation to adopt this Compact where such legislation 
predates the effective date of this Compact as defined in 
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30 Article 13.
G. "Commission" means the government agency whose membership 
consists of all States that have enacted this Compact, which is 
known as the Cosmetology Licensure Compact Commission, as 
defined in Article 9, and which shall operate as an 
instrumentality of the Member States.
H. "Cosmetologist" means an individual licensed in their Home 
State to practice Cosmetology.
I. "Cosmetology", "Cosmetology Services", and the "Practice 
of Cosmetology" mean the care and services provided by a 
Cosmetologist as set forth in the Member State's statutes and 
regulations in the State where the services are being provided.
J. "Current Significant Investigative Information" means:
1. Investigative Information that a State Licensing 
Authority, after an inquiry or investigation that complies with 
a Member State's due process requirements, has reason to believe 
is not groundless and, if proved true, would indicate a 
violation of that State's laws regarding fraud or the Practice 
of Cosmetology; or
2. Investigative Information that indicates that a Licensee 
has engaged in fraud or represents an immediate threat to public 
health and safety, regardless of whether the Licensee has been 
notified and had an opportunity to respond.
K. "Data System" means a repository of information about 
Licensees, including, but not limited to, license status, 
Investigative Information, and Adverse Actions.
L. "Disqualifying Event" means any event which shall 
disqualify an individual from holding a Multistate License under 
this Compact, which the Commission may by Rule or order specify. 
M. "Encumbered License" means a license in which an Adverse 
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where said Adverse Action has been reported to the Commission.
N. "Encumbrance" means a revocation or suspension of, or any 
limitation on, the full and unrestricted Practice of Cosmetology 
by a State Licensing Authority.
O. "Executive Committee" means a group of delegates elected 
or appointed to act on behalf of, and within the powers granted 
to them by, the Commission.
P. "Home State" means the Member State which is a Licensee's 
primary State of residence, and where that Licensee holds an 
active and unencumbered license to practice Cosmetology.
Q. "Investigative Information" means information, records, or 
documents received or generated by a State Licensing Authority 
pursuant to an investigation or other inquiry.
R. "Jurisprudence Requirement" means the assessment of an 
individual's knowledge of the laws and rules governing the 
Practice of Cosmetology in a State.
S. "Licensee" means an individual who currently holds a 
license from a Member State to practice as a Cosmetologist.
T. "Member State" means any State that has adopted this 
Compact.
U. "Multistate License" means a license issued by and subject 
to the enforcement jurisdiction of the State Licensing Authority 
in a Licensee's Home State, which authorizes the Practice of 
Cosmetology in Member States and includes Authorizations to 
Practice Cosmetology in all Remote States pursuant to this 
Compact.
V. "Remote State" means any Member State, other than the 
Licensee's Home State.
W. "Rule" means any rule or regulation promulgated by the 
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30 Commission under this Compact which has the force of law.
X. "Single-State License" means a Cosmetology license issued 
by a Member State that authorizes practice of Cosmetology only 
within the issuing State and does not include any authorization 
outside of the issuing State.
Y. "State" means a State, territory, or possession of the 
United States and the District of Columbia.
Z. "State Licensing Authority" means a Member State's 
regulatory body responsible for issuing Cosmetology licenses or 
otherwise overseeing the Practice of Cosmetology in that State.
SECTION 3. MEMBER STATE REQUIREMENTS
A. To be eligible to join this Compact, and to maintain 
eligibility as a Member State, a State must:
1. License and regulate Cosmetology;
2. Have a mechanism or entity in place to receive and 
investigate complaints about Licensees practicing in that State;
3. Require that Licensees within the State pass a Cosmetology 
competency examination prior to being licensed to provide 
Cosmetology Services to the public in that State;
4. Require that Licensees satisfy educational or training 
requirements in Cosmetology prior to being licensed to provide 
Cosmetology Services to the public in that State;
5. Implement procedures for considering one or more of the 
following categories of information from applicants for 
licensure: criminal history; disciplinary history; or Background 
Check. Such procedures may include the submission of information 
by applicants for the purpose of obtaining an applicant's 
Background Check as defined herein;
6. Participate in the Data System, including through the use 
of unique identifying numbers;
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30 7. Share information related to Adverse Actions with the 
Commission and other Member States, both through the Data System 
and otherwise;
8. Notify the Commission and other Member States, in 
compliance with the terms of this Compact and Rules of the 
Commission, of the existence of Investigative Information or 
Current Significant Investigative Information in the State's 
possession regarding a Licensee practicing in that State;
9. Comply with such Rules as may be enacted by the Commission 
to administer this Compact; and
10. Accept Licensees from other Member States as established 
herein.
B. Member States may charge a fee for granting a license to 
practice Cosmetology.
C. Individuals not residing in a Member State shall continue 
to be able to apply for a Member State's Single-State License as 
provided under the laws of each Member State. However, the 
Single-State License granted to these individuals shall not be 
recognized as granting a Multistate License to provide services 
in any other Member State.
D. Nothing in this Compact shall affect the requirements 
established by a Member State for the issuance of a Single-State 
License.
E. A Multistate License issued to a Licensee by a Home State 
to a resident of that State shall be recognized by each Member 
State as authorizing a Licensee to practice Cosmetology in each 
Member State.
F. At no point shall the Commission have the power to define 
the educational or professional requirements for a license to 
practice Cosmetology. The Member States shall retain sole 
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30 jurisdiction over the provision of these requirements.
SECTION 4. MULTISTATE LICENSE
A. To be eligible to apply to their Home State's State 
Licensing Authority for an initial Multistate License under this 
Compact, a Licensee must hold an active and unencumbered Single-
State License to practice Cosmetology in their Home State.
B. Upon the receipt of an application for a Multistate 
License, according to the Rules of the Commission, a Member 
State's State Licensing Authority shall ascertain whether the 
applicant meets the requirements for a Multistate License under 
this Compact.
C. If an applicant meets the requirements for a Multistate 
License under this Compact and any applicable Rules of the 
Commission, the State Licensing Authority in receipt of the 
application shall, within a reasonable time, grant a Multistate 
License to that applicant, and inform all Member States of the 
grant of said Multistate License.
D. A Multistate License to practice Cosmetology issued by a 
Member State's State Licensing Authority shall be recognized by 
each Member State as authorizing the practice thereof as though 
that Licensee held a Single-State License to do so in each 
Member State, subject to the restrictions herein.
E. A Multistate License granted pursuant to this Compact may 
be effective for a definite period of time, concurrent with the 
licensure renewal period in the Home State.
F. To maintain a Multistate License under this Compact, a 
Licensee must:
1. Agree to abide by the rules of the State Licensing 
Authority, and the State scope of practice laws governing the 
Practice of Cosmetology, of any Member State in which the 
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30 Licensee provides services;
2. Pay all required fees related to the application and 
process, and any other fees which the Commission may by Rule 
require; and
3. Comply with any and all other requirements regarding 
Multistate Licenses which the Commission may by Rule provide.
G. A Licensee practicing in a Member State is subject to all 
scope of practice laws governing Cosmetology Services in that 
State.
H. The Practice of Cosmetology under a Multistate License 
granted pursuant to this Compact will subject the Licensee to 
the jurisdiction of the State Licensing Authority, the courts, 
and the laws of the Member State in which the Cosmetology 
Services are provided.
SECTION 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME 
STATE
A. A Licensee may hold a Multistate License, issued by their 
Home State, in only one Member State at any given time.
B. If a Licensee changes their Home State by moving between 
two Member States:
1. The Licensee shall immediately apply for the reissuance of 
their Multistate License in their new Home State. The Licensee 
shall pay all applicable fees and notify the prior Home State in 
accordance with the Rules of the Commission.
2. Upon receipt of an application to reissue a Multistate 
License, the new Home State shall verify that the Multistate 
License is active, unencumbered and eligible for reissuance 
under the terms of this Compact and the Rules of the Commission. 
The Multistate License issued by the prior Home State will be 
deactivated and all Member States notified in accordance with 
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30 the applicable Rules adopted by the Commission.
3. If required for initial licensure, the new Home State may 
require a Background Check as specified in the laws of that 
State, or the compliance with any Jurisprudence Requirements of 
the new Home State.
4. Notwithstanding any other provision of this Compact, if a 
Licensee does not meet the requirements set forth in this 
Compact for the reissuance of a Multistate License by the new 
Home State, then the Licensee shall be subject to the new Home 
State requirements for the issuance of a Single-State License in 
that State.
C. If a Licensee changes their primary state of residence by 
moving from a Member State to a non-Member State, or from a non-
Member State to a Member State, then the Licensee shall be 
subject to the State requirements for the issuance of a Single-
State License in the new Home State.
D. Nothing in this Compact shall interfere with a Licensee's 
ability to hold a Single-State License in multiple States; 
however, for the purposes of this Compact, a Licensee shall have 
only one Home State, and only one Multistate License.
E. Nothing in this Compact shall interfere with the 
requirements established by a Member State for the issuance of a 
Single-State License.
SECTION 6. AUTHORITY OF THE COMMISSION AND MEMBER STATE 
LICENSING AUTHORITIES
A. Nothing in this Compact, nor any Rule or regulation of the 
Commission, shall be construed to limit, restrict, or in any way 
reduce the ability of a Member State to enact and enforce laws, 
regulations, or other rules related to the Practice of 
Cosmetology in that State, where those laws, regulations, or 
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30 other rules are not inconsistent with the provisions of this 
Compact.
B. Insofar as practical, a Member State's State Licensing 
Authority shall cooperate with the Commission and with each 
entity exercising independent regulatory authority over the 
Practice of Cosmetology according to the provisions of this 
Compact.
C. Discipline shall be the sole responsibility of the State 
in which Cosmetology Services are provided. Accordingly, each 
Member State's State Licensing Authority shall be responsible 
for receiving complaints about individuals practicing 
Cosmetology in that State, and for communicating all relevant 
Investigative Information about any such Adverse Action to the 
other Member States through the Data System in addition to any 
other methods the Commission may by Rule require.
SECTION 7. ADVERSE ACTIONS
A. A Licensee's Home State shall have exclusive power to 
impose an Adverse Action against a Licensee's Multistate License 
issued by the Home State.
B. A Home State may take Adverse Action on a Multistate 
License based on the Investigative Information, Current 
Significant Investigative Information, or Adverse Action of a 
Remote State.
C. In addition to the powers conferred by State law, each 
Remote State's State Licensing Authority shall have the power 
to:
1. Take Adverse Action against a Licensee's Authorization to 
Practice Cosmetology through the Multistate License in that 
Member State, provided that:
a. Only the Licensee's Home State shall have the power to 
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30 take Adverse Action against the Multistate License issued by the 
Home State; and
b. For the purposes of taking Adverse Action, the Home 
State's State Licensing Authority shall give the same priority 
and effect to reported conduct received from a Remote State as 
it would if such conduct had occurred within the Home State. In 
so doing, the Home State shall apply its own State laws to 
determine the appropriate action.
2. Issue cease and desist orders or impose an Encumbrance on 
a Licensee's Authorization to Practice within that Member State. 
3. Complete any pending investigations of a Licensee who 
changes their primary state of residence during the course of 
such an investigation. The State Licensing Authority shall also 
be empowered to report the results of such an investigation to 
the Commission through the Data System as described herein.
4. Issue subpoenas for both hearings and investigations that 
require the attendance and testimony of witnesses, as well as 
the production of evidence. Subpoenas issued by a State 
Licensing Authority in a Member State for the attendance and 
testimony of witnesses or the production of evidence from 
another Member State shall be enforced in the latter State by 
any court of competent jurisdiction, according to the practice 
and procedure of that court applicable to subpoenas issued in 
proceedings before it. The issuing State Licensing Authority 
shall pay any witness fees, travel expenses, mileage, and other 
fees required by the service statutes of the State in which the 
witnesses or evidence are located.
5. If otherwise permitted by State law, recover from the 
affected Licensee the costs of investigations and disposition of 
cases resulting from any Adverse Action taken against that 
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30 Licensee.
6. Take Adverse Action against the Licensee's Authorization 
to Practice in that State based on the factual findings of 
another Remote State.
D. A Licensee's Home State shall complete any pending 
investigation(s) of a Cosmetologist who changes their primary 
state of residence during the course of the investigation(s). 
The Home State shall also have the authority to take appropriate 
action(s) and shall promptly report the conclusions of the 
investigations to the Data System.
E. If an Adverse Action is taken by the Home State against a 
Licensee's Multistate License, the Licensee's Authorization to 
Practice in all other Member States shall be deactivated until 
all Encumbrances have been removed from the Home State license. 
All Home State disciplinary orders that impose an Adverse Action 
against a Licensee's Multistate License shall include a 
statement that the Cosmetologist's Authorization to Practice is 
deactivated in all Member States during the pendency of the 
order.
F. Nothing in this Compact shall override a Member State's 
authority to accept a Licensee's participation in an Alternative 
Program in lieu of Adverse Action. A Licensee's Multistate 
License shall be suspended for the duration of the Licensee's 
participation in any Alternative Program.
G. Joint Investigations
1. In addition to the authority granted to a Member State by 
its respective scope of practice laws or other applicable State 
law, a Member State may participate with other Member States in 
joint investigations of Licensees.
2. Member States shall share any investigative, litigation, 
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30 or compliance materials in furtherance of any joint or 
individual investigation initiated under this Compact.
SECTION 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
Active Military Members, or their spouses, shall designate a 
Home State where the individual has a current license to 
practice Cosmetology in good standing. The individual may retain 
their Home State designation during any period of service when 
that individual or their spouse is on active duty assignment.
SECTION 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY 
LICENSURE COMPACT COMMISSION
A. The Member States hereby create and establish a joint 
government agency whose membership consists of all Member States 
that have enacted this Compact known as the Cosmetology 
Licensure Compact Commission. The Commission is an 
instrumentality of the Member States acting jointly and not an 
instrumentality of any one State. The Commission shall come into 
existence on or after the effective date of this Compact as set 
forth in Article 13.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) 
delegate selected by that Member State's State Licensing 
Authority.
2. The delegate shall be an administrator of the State 
Licensing Authority of the Member State or their designee.
3. The Commission shall by Rule or bylaw establish a term of 
office for delegates and may by Rule or bylaw establish term 
limits.
4. The Commission may recommend removal or suspension of any 
delegate from office.
5. A Member State's State Licensing Authority shall fill any 
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30 vacancy of its delegate occurring on the Commission within 60 
days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters 
that are voted on by the Commission.
7. The Commission shall meet at least once during each 
calendar year. Additional meetings may be held as set forth in 
the bylaws. The Commission may meet by telecommunication, video 
conference or other similar electronic means.
C.  The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest 
policies;
3. Adopt Rules and bylaws;
4. Maintain its financial records in accordance with the 
bylaws;
5. Meet and take such actions as are consistent with the 
provisions of this Compact, the Commission's Rules, and the 
bylaws;
6. Initiate and conclude legal proceedings or actions in the 
name of the Commission, provided that the standing of any State 
Licensing Authority to sue or be sued under applicable law shall 
not be affected;
7. Maintain and certify records and information provided to a 
Member State as the authenticated business records of the 
Commission, and designate an agent to do so on the Commission's 
behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, 
including, but not limited to, employees of a Member State;
10. Conduct an annual financial review;
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30 11. Hire employees, elect or appoint officers, fix 
compensation, define duties, grant such individuals appropriate 
authority to carry out the purposes of this Compact, and 
establish the Commission's personnel policies and programs 
relating to conflicts of interest, qualifications of personnel, 
and other related personnel matters;
12. As set forth in the Commission Rules, charge a fee to a 
Licensee for the grant of a Multistate License and thereafter, 
as may be established by Commission Rule, charge the Licensee a 
Multistate License renewal fee for each renewal period. Nothing 
herein shall be construed to prevent a Home State from charging 
a Licensee a fee for a Multistate License or renewals of a 
Multistate License, or a fee for the jurisprudence requirement 
if the Member State imposes such a requirement for the grant of 
a Multistate License;
13. Assess and collect fees;
14. Accept any and all appropriate gifts, donations, grants 
of money, other sources of revenue, equipment, supplies, 
materials, and services, and receive, utilize, and dispose of 
the same; provided that at all times the Commission shall avoid 
any appearance of impropriety or conflict of interest;
15. Lease, purchase, retain, own, hold, improve, or use any 
property, real, personal, or mixed, or any undivided interest 
therein;
16. Sell, convey, mortgage, pledge, lease, exchange, abandon, 
or otherwise dispose of any property real, personal, or mixed;
17. Establish a budget and make expenditures;
18. Borrow money;
19. Appoint committees, including standing committees, 
composed of members, State regulators, State legislators or 
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30 their representatives, and consumer representatives, and such 
other interested persons as may be designated in this Compact 
and the bylaws;
20. Provide and receive information from, and cooperate with, 
law enforcement agencies;
21. Elect a Chair, Vice Chair, Secretary and Treasurer and 
such other officers of the Commission as provided in the 
Commission's bylaws;
22. Establish and elect an Executive Committee, including a 
chair and a vice chair;
23. Adopt and provide to the Member States an annual report;
24. 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 this Compact; 
and
25. Perform such other functions as may be necessary or 
appropriate to achieve the purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act on 
behalf of the Commission according to the terms of this Compact. 
The powers, duties, and responsibilities of the Executive 
Committee shall include:
a. Overseeing the day-to-day activities of the administration 
of this Compact including compliance with the provisions of this 
Compact, the Commission's Rules and bylaws, and other such 
duties as deemed necessary;
b. Recommending to the Commission changes to the Rules or 
bylaws, changes to this Compact legislation, fees charged to 
Compact Member States, fees charged to Licensees, and other 
fees;
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30 c. Ensuring Compact administration services are appropriately 
provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the Commission;
f. Monitoring Compact compliance of Member States and 
providing compliance reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the Commission during 
the interim between Commission meetings, except for adopting or 
amending Rules, adopting or amending bylaws, and exercising any 
other powers and duties expressly reserved to the Commission by 
Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws of the 
Commission.
2. The Executive Committee shall be composed of up to seven 
voting members:
a. The chair and vice chair of the Commission and any other 
members of the Commission who serve on the Executive Committee 
shall be voting members of the Executive Committee; and
b. Other than the chair, vice-chair, secretary and treasurer, 
the Commission shall elect three voting members from the current 
membership of the Commission.
c. The Commission may elect ex-officio, nonvoting members 
from a recognized national Cosmetology professional association 
as approved by the Commission. The Commission's bylaws shall 
identify qualifying organizations and the manner of appointment 
if the number of organizations seeking to appoint an ex officio 
member exceeds the number of members specified in this Article.
3. The Commission may remove any member of the Executive 
Committee as provided in the Commission's bylaws.
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30 4. The Executive Committee shall meet at least annually.
a. Annual Executive Committee meetings, as well as any 
Executive Committee meeting at which it does not take or intend 
to take formal action on a matter for which a Commission vote 
would otherwise be required, shall be open to the public, except 
that the Executive Committee may meet in a closed, non-public 
session of a public meeting when dealing with any of the matters 
covered under Article 9.F.4.
b. The Executive Committee shall give five business days 
advance notice of its public meetings, posted on its website and 
as determined to provide notice to persons with an interest in 
the public matters the Executive Committee intends to address at 
those meetings.
5. The Executive Committee may hold an emergency meeting when 
acting for the Commission to:
a. Meet an imminent threat to public health, safety, or 
welfare;
b. Prevent a loss of Commission or Member State funds; or
c. Protect public health and safety.
E. The Commission shall adopt and provide to the Member 
States an annual report.
F. Meetings of the Commission
1. All meetings of the Commission that are not closed 
pursuant to Article 9.F.4 shall be open to the public. Notice of 
public meetings shall be posted on the Commission's website at 
least thirty (30) days prior to the public meeting.
2. Notwithstanding Article 9.F.1, the Commission may convene 
an emergency public meeting by providing at least twenty-four 
(24) hours prior notice on the Commission's website, and any 
other means as provided in the Commission's Rules, for any of 
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30 the reasons it may dispense with notice of proposed rulemaking 
under Article 11.L. The Commission's legal counsel shall certify 
that one of the reasons justifying an emergency public meeting 
has been met.
3. Notice of all Commission meetings shall provide the time, 
date, and location of the meeting, and if the meeting is to be 
held or accessible via telecommunication, video conference, or 
other electronic means, the notice shall include the mechanism 
for access to the meeting.
4. The Commission may convene in a closed, non-public meeting 
for the Commission to discuss:
a. Non-compliance of a Member State with its obligations 
under this Compact;
b. 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;
c. Current or threatened discipline of a Licensee by the 
Commission or by a Member State's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale 
of goods, services, or real estate;
f. Accusing any person of a crime or formally censuring any 
person;
g. Trade secrets or commercial or financial information that 
is privileged or confidential;
h. Information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement 
purposes;
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30 j. Information related to any investigative reports prepared 
by or on behalf of or for use of the Commission or other 
committee charged with responsibility of investigation or 
determination of compliance issues pursuant to this Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure to the 
public by federal or Member State law; or
m. Other matters as promulgated by the Commission by Rule.
5. If a meeting, or portion of a meeting, is closed, the 
presiding officer shall state that the meeting will be closed 
and reference each relevant exempting provision, and such 
reference shall be recorded in the minutes.
6. The Commission shall keep minutes that fully and clearly 
describe all matters discussed in a meeting and shall provide a 
full and accurate summary of actions taken, and the reasons 
therefore, including a description of the views expressed. All 
documents considered in connection with an action shall be 
identified in such minutes. All minutes and documents of a 
closed meeting shall remain under seal, subject to release only 
by a majority vote of the Commission or order of a court of 
competent jurisdiction.
G. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, 
the reasonable expenses of its establishment, organization, and 
ongoing activities.
2. The Commission may accept any and all appropriate sources 
of revenue, donations, and grants of money, equipment, supplies, 
materials, and services.
3. The Commission may levy on and collect an annual 
assessment from each Member State and impose fees on Licensees 
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30 of Member States to whom it grants a Multistate License to cover 
the cost of the operations and activities of the Commission and 
its staff, which must be in a total amount sufficient to cover 
its annual budget as approved each year for which revenue is not 
provided by other sources. The aggregate annual assessment 
amount for Member States shall be allocated based upon a formula 
that the Commission shall promulgate by Rule.
4. 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 Member States, except by 
and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all 
receipts and disbursements. The receipts and disbursements of 
the Commission shall be subject to the financial review and 
accounting procedures established under its bylaws. All receipts 
and disbursements of funds handled by the Commission shall be 
subject to an annual financial review by a certified or licensed 
public accountant, and the report of the financial review shall 
be included in and become part of the annual report of the 
Commission.
H. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and 
representatives of the Commission shall be immune from suit and 
liability, both personally and 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 any 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 Commission employment, 
duties or responsibilities; provided that nothing in this 
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30 paragraph shall be construed to protect any 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. The procurement of insurance of any type by the 
Commission shall not in any way compromise or limit the immunity 
granted hereunder.
2. The Commission shall defend any member, officer, executive 
director, employee, and representative of the Commission in any 
civil action seeking to impose liability arising out of any 
actual or alleged act, error, or omission that occurred within 
the scope of Commission employment, duties, or responsibilities, 
or as determined by the Commission 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 herein shall be 
construed to prohibit that person from retaining their own 
counsel at their own expense; 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.
3. The Commission shall indemnify and hold harmless any 
member, officer, executive director, employee, and 
representative of the Commission for the amount of any 
settlement or judgment obtained against that person arising out 
of any 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 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.
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30 4. Nothing herein shall be construed as a limitation on the 
liability of any Licensee for professional malpractice or 
misconduct, which shall be governed solely by any other 
applicable State laws.
5. Nothing in this Compact shall be interpreted to waive or 
otherwise abrogate a Member State's State action immunity or 
State action affirmative defense with respect to antitrust 
claims under the Sherman Act, Clayton Act, or any other State or 
federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver 
of sovereign immunity by the Member States or by the Commission.
SECTION 10. DATA SYSTEM
A. The Commission shall provide for the development, 
maintenance, operation, and utilization of a coordinated 
database and reporting system.
B. The Commission shall assign each applicant for a 
Multistate License a unique identifier, as determined by the 
Rules of the Commission.
C. Notwithstanding any other provision of State law to the 
contrary, a Member State shall submit a uniform data set to the 
Data System on all individuals to whom this Compact is 
applicable as required by the Rules of the Commission, 
including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license and information related 
thereto;
4. Non-confidential information related to Alternative 
Program participation, the beginning and ending dates of such 
participation, and other information related to such 
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30 participation;
5. Any denial of application for licensure, and the reason(s) 
for such denial (excluding the reporting of any criminal history 
record information where prohibited by law);
6. The existence of Investigative Information;
7. The existence of Current Significant Investigative 
Information; and
8. Other information that may facilitate the administration 
of this Compact or the protection of the public, as determined 
by the Rules of the Commission.
D. The records and information provided to a Member State 
pursuant to this Compact or through the Data System, when 
certified by the Commission or an agent thereof, shall 
constitute the authenticated business records of the Commission, 
and shall be entitled to any associated hearsay exception in any 
relevant judicial, quasi-judicial or administrative proceedings 
in a Member State.
E. The existence of Current Significant Investigative 
Information and the existence of Investigative Information 
pertaining to a Licensee in any Member State will only be 
available to other Member States.
F. It is the responsibility of the Member States to monitor 
the database to determine whether Adverse Action has been taken 
against such a Licensee or License applicant. Adverse Action 
information pertaining to a Licensee or License applicant in any 
Member State will be available to any other Member State.
G. Member States contributing information to the Data System 
may designate information that may not be shared with the public 
without the express permission of the contributing State.
H. Any information submitted to the Data System that is 
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30 subsequently expunged pursuant to federal law or the laws of the 
Member State contributing the information shall be removed from 
the Data System.
SECTION 11. RULEMAKING
A. The Commission shall promulgate reasonable Rules in order 
to effectively and efficiently implement and administer the 
purposes and provisions of this Compact. A Rule shall be invalid 
and have no force or effect only if a court of competent 
jurisdiction holds that the Rule is invalid because the 
Commission exercised its rulemaking authority in a manner that 
is beyond the scope and purposes of this Compact, or the powers 
granted hereunder, or based upon another applicable standard of 
review.
B. The Rules of the Commission shall have the force of law in 
each Member State, provided however that where the Rules of the 
Commission conflict with the laws of the Member State that 
establish the Member State's scope of practice laws governing 
the Practice of Cosmetology as held by a court of competent 
jurisdiction, the Rules of the Commission shall be ineffective 
in that State to the extent of the conflict.
C. The Commission shall exercise its rulemaking powers 
pursuant to the criteria set forth in this Article and the Rules 
adopted thereunder. Rules shall become binding as of the date 
specified by the Commission for each Rule.
D. If a majority of the legislatures of the Member States 
rejects a Rule or portion of a Rule, by enactment of a statute 
or resolution in the same manner used to adopt this Compact 
within four (4) years of the date of adoption of the Rule, then 
such Rule shall have no further force and effect in any Member 
State or to any State applying to participate in this Compact.
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30 E. Rules shall be adopted at a regular or special meeting of 
the Commission.
F. Prior to adoption of a proposed Rule, the Commission shall 
hold a public hearing and allow persons to provide oral and 
written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission, 
and at least thirty (30) days in advance of the meeting at which 
the Commission will hold a public hearing on the proposed Rule, 
the Commission shall provide a notice of proposed rulemaking:
1. On the website of the Commission or other publicly 
accessible platform;
2. To persons who have requested notice of the Commission's 
notices of proposed rulemaking; and
3. In such other way(s) as the Commission may by Rule 
specify.
H. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing at 
which the Commission will hear public comments on the proposed 
Rule and, if different, the time, date, and location of the 
meeting where the Commission will consider and vote on the 
proposed Rule;
2. If the hearing is held via telecommunication, video 
conference, or other electronic means, the Commission shall 
include the mechanism for access to the hearing in the notice of 
proposed rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any 
interested person; and
5. The manner in which interested persons may submit written 
comments.
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30 I. All hearings will be recorded. A copy of the recording and 
all written comments and documents received by the Commission in 
response to the proposed Rule shall be available to the public.
J. Nothing in this Article shall be construed as requiring a 
separate hearing on each Rule. Rules may be grouped for the 
convenience of the Commission at hearings required by this 
Article.
K. The Commission shall, by majority vote of all members, 
take final action on the proposed Rule based on the rulemaking 
record and the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule 
provided the changes do not enlarge the original purpose of the 
proposed Rule.
2. The Commission shall provide an explanation of the reasons 
for substantive changes made to the proposed Rule as well as 
reasons for substantive changes not made that were recommended 
by commenters.
3. The Commission shall determine a reasonable effective date 
for the Rule. Except for an emergency as provided in Article 
11.L, the effective date of the Rule shall be no sooner than 
forty-five (45) days after the Commission issuing the notice 
that it adopted or amended the Rule.
L. Upon determination that an emergency exists, the 
Commission may consider and adopt an emergency Rule with five 
(5) days' notice, with opportunity to comment, provided that the 
usual rulemaking procedures provided in this Compact and in this 
Article shall be retroactively applied to the Rule as soon as 
reasonably possible, in no event later than ninety (90) days 
after the effective date of the Rule. For the purposes of this 
provision, an emergency Rule is one that must be adopted 
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30 immediately 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 a Rule that is 
established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the 
Commission may direct revisions to a previously adopted Rule for 
purposes of correcting typographical errors, errors in format, 
errors in consistency, or grammatical errors. Public notice of 
any revisions shall be posted on the website of the Commission. 
The revision shall be subject to challenge by any person for a 
period of thirty (30) days after posting. The revision may be 
challenged only on grounds that the revision results in a 
material change to a Rule. A challenge shall be made in writing 
and delivered to the Commission prior to the end of the notice 
period. If no challenge is made, the revision will take effect 
without further action. If the revision is challenged, the 
revision may not take effect without the approval of the 
Commission.
N. No Member State's rulemaking requirements shall apply 
under this Compact.
SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State government in 
each Member State shall enforce this Compact and take all 
actions necessary and appropriate to implement this Compact.
2. Venue is proper and judicial proceedings by or against the 
Commission shall be brought solely and exclusively in a court of 
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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 herein shall affect or limit the selection or propriety 
of venue in any action against a Licensee for professional 
malpractice, misconduct or any such similar matter.
3. The Commission shall be entitled to receive service of 
process in any proceeding regarding the enforcement or 
interpretation of this 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, this Compact, or 
promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has 
defaulted in the performance of its obligations or 
responsibilities under this Compact or the promulgated Rules, 
the Commission shall provide written notice to the defaulting 
State. The notice of default shall describe the default, the 
proposed means of curing the default, and any other action that 
the Commission may take, and shall offer training and specific 
technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of 
default to the other Member States.
3. If a State in default fails to cure the default, the 
defaulting State may be terminated from this Compact upon an 
affirmative vote of a majority of the delegates of the Member 
States, and all rights, privileges and benefits conferred on 
that State by this Compact may be terminated on the effective 
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30 date of termination. A cure of the default does not relieve the 
offending State of obligations or liabilities incurred during 
the period of default.
4. Termination of membership in this 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 governor, the majority and 
minority leaders of the defaulting State's legislature, the 
defaulting State's State Licensing Authority and each of the 
Member States' State Licensing Authority.
5. 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.
6. Upon the termination of a State's membership from this 
Compact, that State shall immediately provide notice to all 
Licensees who hold a Multistate License within that State of 
such termination. The terminated State shall continue to 
recognize all licenses granted pursuant to this Compact for a 
minimum of one hundred eighty (180) days after the date of said 
notice of termination.
7. The Commission shall not bear any costs related to a State 
that is found to be in default or that has been terminated from 
this Compact, unless agreed upon in writing between the 
Commission and the defaulting State.
8. The defaulting 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, including reasonable 
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C. Dispute Resolution
1. Upon request by a Member State, the Commission shall 
attempt to resolve disputes related to this Compact that arise 
among Member States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for both 
mediation and binding dispute resolution for disputes as 
appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its 
discretion, shall enforce the provisions of this Compact and the 
Commission's Rules.
2. By majority vote as provided by Commission Rule, the 
Commission may initiate legal action against a Member State in 
default in the United States District Court for the District of 
Columbia or the federal district where the Commission has its 
principal offices to enforce compliance with the provisions of 
this Compact and its promulgated Rules. 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's fees. The remedies herein shall not be the exclusive 
remedies of the Commission. The Commission may pursue any other 
remedies available under federal or the defaulting Member 
State's law.
3. A Member State may initiate legal action against the 
Commission in the United States District Court for the District 
of Columbia or the federal district where the Commission has its 
principal offices to enforce compliance with the provisions of 
this Compact and its promulgated Rules. The relief sought may 
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judicial enforcement is necessary, the prevailing party shall be 
awarded all costs of such litigation, including reasonable 
attorney's fees.
4. No individual or entity other than a Member State may 
enforce this Compact against the Commission.
SECTION 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. This Compact shall come into effect on the date on which 
this Compact statute is enacted into law in the seventh Member 
State.
1. On or after the effective date of this 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 than the 
model Compact statute.
a. 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 12.
b. If any Member State is later found to be in default, or is 
terminated or withdraws from this Compact, the Commission shall 
remain in existence and this Compact shall remain in effect even 
if the number of Member States should be less than seven (7).
2. Member States enacting this Compact subsequent to the 
Charter Member States shall be subject to the process set forth 
in Article 9.C.24 to determine if their enactments are 
materially different from the model Compact statute and whether 
they qualify for participation in this Compact.
3. All actions taken for the benefit of the Commission or in 
furtherance of the purposes of the administration of this 
Compact prior to the effective date of this Compact or the 
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actions of the Commission unless specifically repudiated by the 
Commission.
4. Any State that joins this Compact shall be subject to the 
Commission's Rules and bylaws as they exist on the date on which 
this Compact becomes law in that State. Any Rule that has been 
previously adopted by the Commission shall have the full force 
and effect of law on the day this Compact becomes law in that 
State.
B. Any Member State may withdraw from this Compact by 
enacting a statute repealing that State's enactment of this 
Compact.
1. A Member State's withdrawal shall not take effect until 
one hundred eighty (180) days after enactment of the repealing 
statute.
2. Withdrawal shall not affect the continuing requirement of 
the withdrawing State's State Licensing Authority to comply with 
the investigative and Adverse Action reporting requirements of 
this Compact prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this 
Compact, a State shall immediately provide notice of such 
withdrawal to all Licensees within that State. Notwithstanding 
any subsequent statutory enactment to the contrary, such 
withdrawing State shall continue to recognize all licenses 
granted pursuant to this Compact for a minimum of one hundred 
eighty (180) days after the date of such notice of withdrawal.
C. Nothing contained in this Compact shall be construed to 
invalidate or prevent any licensure agreement or other 
cooperative arrangement between a Member State and a non-Member 
State that does not conflict with the provisions of this 
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D. This Compact may be amended by the Member States. No 
amendment to this Compact shall become effective and binding 
upon any Member State until it is enacted into the laws of all 
Member States.
SECTION 14. CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission's rulemaking authority 
shall be liberally construed so as to effectuate the purposes, 
and the implementation and administration of this Compact. 
Provisions of this Compact expressly authorizing or requiring 
the promulgation of Rules shall not be construed to limit the 
Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if 
any phrase, clause, sentence or provision of this Compact is 
held by a court of competent jurisdiction to be contrary to the 
constitution of any Member State, a State seeking participation 
in this Compact, or of the United States, or the applicability 
thereof to any government, agency, person or circumstance is 
held to be unconstitutional by a court of competent 
jurisdiction, the validity of the remainder of this Compact and 
the applicability thereof to any other government, agency, 
person or circumstance shall not be affected thereby.
C. Notwithstanding Article 14.B, the Commission may deny a 
State's participation in this Compact or, in accordance with the 
requirements of Article 12, terminate a Member State's 
participation in this Compact, if it determines that a 
constitutional requirement of a Member State is a material 
departure from this Compact. Otherwise, if this Compact shall be 
held to be contrary to the constitution of any Member State, 
this Compact shall remain in full force and effect as to the 
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30 remaining Member States and in full force and effect as to the 
Member State affected as to all severable matters.
SECTION 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
A. Nothing herein shall prevent or inhibit the enforcement of 
any other law of a Member State that is not inconsistent with 
this Compact.
B. Any laws, statutes, regulations, or other legal 
requirements in a Member State in conflict with this Compact are 
superseded to the extent of the conflict.
C. All permissible agreements between the Commission and the 
Member States are binding in accordance with their terms.
Section 3.  Operation.
(a)  When compact effective.--When the Governor executes the 
compact on behalf of the Commonwealth and files a verified copy 
thereof with the Secretary of the Commonwealth and when the 
compact is ratified by one or more other states, the compact 
shall become effective between the Commonwealth and such other 
state or states. The Governor is hereby authorized and directed 
to take such action as may be necessary to complete the exchange 
of official documents between the Commonwealth and any other 
state ratifying the compact.
(b)  Notice in Pennsylvania Bulletin.--The Secretary of the 
Commonwealth shall transmit a notice to the Legislative 
Reference Bureau for publication in the next available issue of 
the Pennsylvania Bulletin when the conditions specified in 
subsection (a) are satisfied and shall include in the notice the 
date on which the compact became effective between the 
Commonwealth and any other state or states in accordance with 
this act.
Section 4.  Compensation and expenses of compact administrator.
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30 The compact administrator who represents the Commonwealth, as 
provided for in the compact, shall not be entitled to any 
additional compensation for the duties and responsibilities as 
compact administrator but shall be entitled to reimbursement for 
reasonable expenses actually incurred in connection with the 
duties and responsibilities as compact administrator in the same 
manner as for expenses incurred in connection with other duties 
and responsibilities of the office or employment.
Section 5.  Effective date.
This act shall take effect in 60 days.
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