Texas 2023 - 88th Regular

Texas House Bill HB4857 Compare Versions

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1	1	88R16274 TYPED
2	2	By: Wilson H.B. No. 4857
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the cosmetology licensure compact.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The cosmetology licensure compact is adopted to
10	10	read as follows:
11	11	COSMETOLOGY LICENSURE COMPACT
12	12	ARTICLE 1- PURPOSE
13	13	The purpose of this Compact is to facilitate the interstate
14	14	practice and regulation of Cosmetology with the goal of improving
15	15	public access to, and the safety of, Cosmetology Services and
16	16	reducing unnecessary burdens related to Cosmetology licensure.
17	17	Through this Compact, the member states seek to establish a
18	18	regulatory framework which provides for a new multistate licensing
19	19	program. Through this new licensing program, the member states seek
20	20	to provide increased value and mobility to licensed Cosmetologists
21	21	in the member states, while ensuring the provision of safe,
22	22	effective, and reliable services to the public.
23	23	This Compact is designed to achieve the following objectives,
24	24	and the member states hereby ratify the same intentions by
25	25	subscribing hereto:
26	26	A. Provide opportunities for interstate practice by
27	27	Cosmetologists who meet uniform requirements for multistate
28	28	licensure;
29	29	B. Enhance the abilities of Member States to protect public
30	30	health and safety, and prevent fraud and unlicensed activity within
31	31	the profession;
32	32	C. Ensure and encourage cooperation between Member States
33	33	in the licensure and regulation of the Practice of Cosmetology;
34	34	D. Support relocating military members and their spouses;
35	35	E. Facilitate the exchange of information between Member
36	36	States related to the licensure, investigation, and discipline of
37	37	the Practice of Cosmetology;
38	38	F. Provide for meaningful dispute resolution while allowing
39	39	a Remote State to hold a Licensee accountable under the Remote
40	40	State's Practice Laws, even where that Licensee holds a Multistate
41	41	License; and
42	42	G. Provide for the licensure and mobility of the workforce
43	43	in the profession, while addressing the shortage of workers and
44	44	lessening the associated burdens on the Member States.
45	45	ARTICLE 2- DEFINITIONS
46	46	As used in this Compact, and except as otherwise provided,
47	47	the following definitions shall govern the terms herein:
48	48	A. "Active Duty Military" means any individual in full-time
49	49	duty status in the active uniformed service of the United States
50	50	including members of the National Guard and Reserve.
51	51	B. "Adverse Action" means any administrative, civil,
52	52	equitable, or criminal action permitted by a Member State's laws
53	53	which is imposed by a Licensing Authority or other regulatory body
54	54	against a or Cosmetologist, including actions against an
55	55	individual's licensure privilege such as revocation, suspension,
56	56	probation, monitoring of the Licensee, limitation of the Licensee's
57	57	practice, or any other Encumbrance on licensure affecting an
58	58	individual's ability to participate in the Cosmetology industry,
59	59	including the issuance of a cease and desist order.
60	60	C. "Authorization to Practice" means a legal authorization
61	61	associated with a Multistate License permitting the Practice of
62	62	Cosmetology in a remote state.
63	63	D. "Alternative Program" means a non-disciplinary
64	64	monitoring or prosecutorial diversion program approved by a Member
65	65	State's Licensing Authority.
66	66	E. "Background Check" means the submission of information
67	67	for an applicant for the purpose of obtaining that applicant's
68	68	criminal history record information, as further defined in 28
69	69	C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the
70	70	agency responsible for retaining state criminal or disciplinary
71	71	history in the applicant's Home State.
72	72	F. "Commission" shall refer to the national administrative
73	73	body whose membership consists of all states that have enacted this
74	74	Compact, and which is known as the Cosmetology Licensure Compact
75	75	Commission.
76	76	G. "Cosmetologist" means an individual licensed in their
77	77	Home State to practice Cosmetology.
78	78	H. "Cosmetology", "Cosmetology Services", and the "Practice
79	79	of Cosmetology" mean the care and services provided by a
80	80	Cosmetologist as set forth in the Member State's statutes and
81	81	regulations in the State where the services are being provided.
82	82	I. "Current Significant Investigative Information" means:
83	83	1. Investigative Information that a Licensing
84	84	Authority, after an inquiry or investigation that complies with a
85	85	Member State's due process requirements, has reason to believe is
86	86	not groundless and, if proved true, would indicate a violation of
87	87	that State's laws regarding fraud or the Practice of Cosmetology;
88	88	or
89	89	2. Investigative Information that indicates that a
90	90	Licensee has engaged in fraud or represents an immediate threat to
91	91	public health and safety, regardless of whether the Licensee has
92	92	been notified and had an opportunity to respond.
93	93	J. "Data System" means a repository of information about
94	94	Licensees, including but not limited to license status,
95	95	Investigative Information, and Adverse Actions.
96	96	K. "Disqualifying Event" means any event which shall
97	97	disqualify an individual from holding a Multistate License under
98	98	this Compact, which the Commission may by Rule or order specify.
99	99	L. "Encumbered License" means a license in which an Adverse
100	100	Action restricts the Practice of Cosmetology by a Licensee, or
101	101	where said Adverse Action has been reported to the Commission.
102	102	M. "Encumbrance" means a revocation or suspension of, or any
103	103	limitation on, the full and unrestricted Practice of Cosmetology by
104	104	a Licensing Authority.
105	105	N. "Executive Committee" means a group of commissioners
106	106	elected or appointed to act on behalf of, and within the powers
107	107	granted to them by, the Commission.
108	108	O. "Home State" means the Member State which is a Licensee's
109	109	primary state of residence, and where that Licensee holds an active
110	110	and unencumbered license to practice Cosmetology.
111	111	P. "Investigative Information" means information, records,
112	112	or documents received or generated by a Licensing Authority
113	113	pursuant to an investigation or other inquiry.
114	114	Q. "Jurisprudence Requirement" means the assessment of an
115	115	individual's knowledge of the laws and rules governing the Practice
116	116	of Cosmetology in a State.
117	117	R. "Licensing Authority" means a Member State's regulatory
118	118	body responsible for issuing Cosmetology licenses or otherwise
119	119	overseeing the Practice of Cosmetology in that State.
120	120	S. "Licensee" means an individual who currently holds an
121	121	authorization from a Member State to practice as a Cosmetologist.
122	122	T. "Member State" means any State that has adopted this
123	123	Compact.
124	124	U. "Multistate License" means a license to practice as a
125	125	Cosmetologist in all Member States issued by the Licensing
126	126	Authority of the Licensee's Home State pursuant to this Compact.
127	127	V. "Remote State" means any Member State, other than the
128	128	Licensee's Home State.
129	129	W. "Rule" means any rule or regulation promulgated by the
130	130	Commission under this Compact which has the force of law.
131	131	X. "Single-State License" means a Cosmetology license
132	132	issued by a Member State that authorizes practice of Cosmetology
133	133	only within the issuing state and does not include any
134	134	authorization outside of the issuing state.
135	135	Y. "State" means a state, territory, or possession of the
136	136	United States and the District of Columbia.
137	137	Z. "State Practice Laws" means a Member State's laws, rules,
138	138	and regulations that govern the Practice of Cosmetology, define the
139	139	scope of such practice, and create the methods and grounds for
140	140	imposing discipline.
141	141	ARTICLE 3- MEMBER STATE REQUIREMENTS
142	142	A. To be eligible to join this Compact, and to maintain
143	143	eligibility as a Member State, a State must:
144	144	1. License and regulate Cosmetology;
145	145	2. Have a mechanism or entity in place to receive and
146	146	investigate complaints about Licensees practicing in that state;
147	147	3. Require that Licensees within the State pass a
148	148	competency examination prior to being licensed to provide
149	149	Cosmetology Services to the public in that State;
150	150	4. Require that Licensees satisfy educational or
151	151	training requirements prior to being licensed to provide
152	152	Cosmetology Services to the public in that State;
153	153	5. Implement procedures for considering one or more of
154	154	the following categories of information from applicants for
155	155	licensure: criminal history; disciplinary history; or Background
156	156	Check. Such procedures may include the submission of information by
157	157	applicants for the purpose of obtaining an applicant's Background
158	158	Check as defined herein;
159	159	6. Participate in the Data System, including through
160	160	the use of unique identifying numbers;
161	161	7. Share information related to disciplinary actions
162	162	with the Commission and other Member States, both through the Data
163	163	System and otherwise;
164	164	8. Notify the Commission and other Member States, in
165	165	compliance with the terms of the Compact and Rules of the
166	166	Commission, of any Current Significant Investigative Information
167	167	in the State's possession regarding a Licensee practicing in that
168	168	State;
169	169	9. Comply with such Rules as may be enacted by the
170	170	Commission to administer the Compact; and
171	171	10. Accept Licensees from other Member States as
172	172	established herein.
173	173	B. Member States may charge a fee for granting a license to
174	174	practice Cosmetology.
175	175	C. Individuals not residing in a Member State shall continue
176	176	to be able to apply for a Member State's Single-State License as
177	177	provided under the laws of each Member State. However, the
178	178	Singe-State License granted to these individuals shall not be
179	179	recognized as granting a Multistate License to provide services in
180	180	any other Member State.
181	181	D. Nothing in this Compact shall affect the requirements
182	182	established by a Member State for the issuance of a Single-State
183	183	License.
184	184	E. A Multistate License issued to a Licensee by a Home State
185	185	to a resident of that State shall be recognized by each Member State
186	186	as authorizing a Licensee to practice Cosmetology in each Member
187	187	State.
188	188	F. At no point shall the Commission have the power to define
189	189	the educational or professional requirements for a license to
190	190	practice Cosmetology. The Member States shall retain sole
191	191	jurisdiction over the provision of these requirements.
192	192	ARTICLE 4- MULTISTATE LICENSE PROGRAM
193	193	A. A Licensee who holds an active and unencumbered license
194	194	to practice Cosmetology in their Home State shall be entitled to
195	195	apply to their Home State's Licensing Authority for a Multistate
196	196	License.
197	197	B. Upon the receipt of an application for a Multistate
198	198	License for Cosmetology, according to the Rules of the Commission,
199	199	a Member State's Licensing Authority shall ascertain whether the
200	200	applicant meets the requirements for a Multistate License under
201	201	this Compact using any and all information available to the
202	202	Licensing Authority, including, but not limited to, information
203	203	uploaded to the Data System by the applicant's Home State.
204	204	C. If an applicant meets the requirements for a Multistate
205	205	License under this Compact and any Rules of the Commission, the
206	206	Licensing Authority in receipt of the application shall, within a
207	207	reasonable time, grant a Multistate License to that applicant, and
208	208	inform all Member States of the grant of said Multistate License.
209	209	D. A Multistate License to practice Cosmetology issued by a
210	210	Member State's Licensing Authority shall be recognized by each
211	211	Member State as authorizing the practice thereof as though that
212	212	Licensee held a Single-State License to do so in each Member State,
213	213	subject to the restrictions herein.
214	214	E. A Multistate License granted pursuant to this Compact may
215	215	be effective for a definite period of time, concurrent with renewal
216	216	of the Home State License.
217	217	F. To qualify for a Multistate License under this Compact,
218	218	and to maintain eligibility for such a license, an applicant must:
219	219	1. Hold an active, unencumbered license in the
220	220	applicant's Home State;
221	221	2. Be assigned and maintain a unique identifying
222	222	number, according to the Rules of the Commission;
223	223	3. Agree to abide by the rules and requirements of the
224	224	Licensing Authority, and the State Practice Laws, of any Member
225	225	State in which the applicant provides services;
226	226	4. Pay all required fees related to the application
227	227	and certification process, and any other fees which the Commission
228	228	may by Rule require; and
229	229	5. Comply with any and all other requirements
230	230	regarding Multistate Licenses which the Commission may by Rule
231	231	provide.
232	232	G. A Licensee providing services in a Member State must
233	233	comply with the State Practice Laws of the State in which the
234	234	services are provided, and all other applicable laws of that State.
235	235	H. The Practice of Cosmetology under a Multistate License
236	236	granted pursuant to this Compact will subject the Licensee to the
237	237	jurisdiction of the Licensing Authority, the courts, and the laws
238	238	of the Member State in which the Cosmetology Services are provided.
239	239	ARTICLE 5- OBTAINING A NEW HOME STATE LICENSE UNDER THE MULTISTATE
240	240	LICENSE
241	241	A. Under the Multistate Licensure Program in Article 4, a
242	242	Licensee may hold a Home State License in only one Member State at
243	243	any given time.
244	244	B. If a Licensee changes their Primary State of Residence by
245	245	moving between two Member States:
246	246	1. The Licensee shall file an application for
247	247	obtaining a new Home State License under the Multistate Licensure
248	248	Program pursuant to Article 4, pay all applicable fees, and notify
249	249	the current and new Home States in accordance with the Rules of the
250	250	Commission.
251	251	2. Upon receipt of an application for obtaining a new
252	252	Home State License under the Multistate Licensure Program, the new
253	253	Home State shall verify that the Licensee meets the criteria
254	254	outlined in Article 4 via the Data System, without the need for
255	255	primary source verification.
256	256	3. If required for initial licensure in that State, a
257	257	Member State may require an additional Background Check as
258	258	specified in the laws of that State, or the compliance with any
259	259	Jurisprudence Requirements of the new Home State.
260	260	4. A Licensee may hold a Multistate License, as issued
261	261	by their Home State, in only one Member State at a time.
262	262	5. If a Licensee holding a Multistate License changes
263	263	their primary state of residence by moving between two Member
264	264	States, the Licensee shall apply for licensure in the new Home
265	265	State, and the Multistate License issued by the prior Home State
266	266	will be deactivated in accordance with the applicable Rules adopted
267	267	by the Commission.
268	268	6. Notwithstanding any other provision of this
269	269	Compact, if a Licensee cannot meet the criteria set out in Article
270	270	4, then the new Home State shall use the applicable requirements for
271	271	a Single-State License in that State.
272	272	7. A Licensee shall pay all applicable fees to the new
273	273	Home State in order to be issued a new Home State license.
274	274	C. If a Licensee changes their Primary State of Residence by
275	275	moving from a Member State to a non-Member State, or from a
276	276	non-Member State to a Member State, then the State criteria shall
277	277	apply for the issuance of a Single-State License in the new Home
278	278	State.
279	279	D. Nothing in this Compact shall interfere with a Licensee's
280	280	ability to hold a Single-State License in multiple States; however,
281	281	for the purposes of this Compact, a Licensee shall have only one
282	282	Home State, and only one Multistate License.
283	283	E. Nothing in this Compact shall interfere with the
284	284	requirements established by a Member State for the issuance of a
285	285	Single-State License.
286	286	ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
287	287	LICENSING AUTHORITIES
288	288	A. Nothing in this Compact, nor any Rule or regulation of
289	289	the Commission, shall be construed to limit, restrict, or in any way
290	290	reduce the ability of a Member State to enact and enforce laws,
291	291	regulations, or other rules related to the Practice of Cosmetology
292	292	in that State, where those laws, regulations, or other rules are not
293	293	inconsistent with the provisions of this Compact.
294	294	B. Insofar as practical, a Member State's Licensing
295	295	Authority shall cooperate with the Commission and with each entity
296	296	exercising independent regulatory authority over the Practice of
297	297	Cosmetology according to the provisions of this Compact.
298	298	C. Licensees operating in a Member State under a Multistate
299	299	License shall be subject to both the Rules and requirements of the
300	300	Commission and those of the Member State in which Cosmetology
301	301	Services are being provided.
302	302	D. An Adverse Action by a Member State's Licensing Authority
303	303	against a Licensee shall in no way limit another Member State's
304	304	authority to grant a Single-State License to that Licensee, or to
305	305	regulate such Single-State Licenses.
306	306	E. Discipline shall be the sole responsibility of the State
307	307	in which Cosmetology Services are provided. Accordingly, each
308	308	Member State's Licensing Authority shall be responsible for
309	309	receiving complaints about individuals practicing Cosmetology in
310	310	that State, and for communicating all relevant Investigative
311	311	Information about any such Adverse Action to the other Member
312	312	States through the Data System in addition to any other methods the
313	313	Commission may by Rule require.
314	314	ARTICLE 7- ADVERSE ACTIONS
315	315	A. A Licensee's Home State shall have exclusive power to
316	316	impose an Adverse Action against Licensee's Multistate License
317	317	issued by the Home State.
318	318	B. In addition to the powers conferred by state law, each
319	319	Member State's Licensing Authority shall have the power to:
320	320	1. Take Adverse Action against a Licensee's
321	321	Authorization to Practice Cosmetology through the Multistate
322	322	License in the Member State, provided that:
323	323	a. Only the Licensee's Home State shall have the
324	324	power to take Adverse Action against the license issued by the Home
325	325	State; and
326	326	b. For the purposes of taking Adverse Action, the
327	327	Home State's Licensing Authority shall give the same priority and
328	328	effect to reported conduct received from a Remote State as it would
329	329	if such conduct had occurred within the Home State. In so doing, the
330	330	Home State shall apply its own state laws to determine the
331	331	appropriate action.
332	332	2. Issue cease and desist orders or impose an
333	333	Encumbrance on a Licensee's Authorization to Practice within that
334	334	Member State.
335	335	3. Complete any pending investigations of a Licensee
336	336	who changes their Primary State of Residence during the course of
337	337	such an investigation. The Licensing Authority shall also be
338	338	empowered to report the results of such an investigation to the
339	339	Commission through the Data System as described herein.
340	340	4. Issue subpoenas for both hearings and
341	341	investigations that require the attendance and testimony of
342	342	witnesses, as well as the production of evidence. Subpoenas issued
343	343	by a Licensing Authority in a Member State for the attendance and
344	344	testimony of witnesses or the production of evidence from another
345	345	Member State shall be enforced in the latter state by any court of
346	346	competent jurisdiction, according to the practice and procedure of
347	347	that court applicable to subpoenas issued in proceedings before it.
348	348	The issuing Licensing Authority shall pay any witness fees, travel
349	349	expenses, mileage, and other fees required by the service statutes
350	350	of the State in which the witnesses or evidence are located.
351	351	5. If otherwise permitted by state law, recover from
352	352	the affected Licensee the costs of investigations and disposition
353	353	of cases resulting from any Adverse Action taken against that
354	354	Licensee.
355	355	6. Take Adverse Action based on the factual findings
356	356	of a Remote State, provided that the Licensing Authority follows
357	357	its own procedures for taking such Adverse Action.
358	358	C. A Licensee's Home State shall complete any pending
359	359	investigation(s) of a Cosmetologist who changes their Primary State
360	360	of Residence during the course of the investigation(s). The Home
361	361	State, shall also have the authority to take appropriate action(s)
362	362	and shall promptly report the conclusions of the investigations to
363	363	the Data System.
364	364	D. If an Adverse Action is taken by the Home State against
365	365	Licensee's Multistate License, the Licensee's Authorization to
366	366	Practice in all other Member States shall be deactivated until all
367	367	Encumbrances have been removed from the Home State license. All
368	368	Home State disciplinary orders that impose an Adverse Action
369	369	against a Licensee's Multistate License shall include a statement
370	370	that the Cosmetologist's Authorization to Practice is deactivated
371	371	in all Member States during the pendency of the order.
372	372	E. Nothing in this Compact shall override a Member State's
373	373	authority to accept a Licensee's participation in an Alternative
374	374	Program in lieu of Adverse Action. A Licensee's Multistate License
375	375	shall be suspended for the duration of the Licensee's participation
376	376	in any Alternative Program.
377	377	ARTICLE 8- ACTIVE DUTY MILITARY AND THEIR SPOUSES
378	378	Active Duty Military personnel, or their spouses, shall designate a
379	379	Home State where the individual has a current license in good
380	380	standing. The individual may retain their Home State designation
381	381	during any period of service when that individual is on active duty
382	382	assignment.
383	383	ARTICLE 9- ESTABLISHMENT OF THE COSMETOLOGY LICENSURE COMPACT
384	384	COMMISSION
385	385	A. The Compact Member States hereby create and establish a
386	386	joint government agency whose membership consists of all member
387	387	states that have enacted the compact known as the Cosmetology
388	388	Compact Commission. The Commission is an instrumentality of the
389	389	Compact States acting jointly and not an instrumentality of any one
390	390	state.
391	391	B. Membership, Voting, and Meetings
392	392	1. Each Member State shall have and be limited to one
393	393	(1) delegate selected by that Member State's State Licensing
394	394	Authority.
395	395	2. The delegate shall be an administrator of the
396	396	Licensing Authority of the Member State or their designee.
397	397	3. The Commission shall by Rule or bylaw establish a
398	398	term of office for delegates and may by Rule or bylaw establish term
399	399	limits.
400	400	4. The Commission may recommend removal or suspension
401	401	any delegate from office.
402	402	5. A Member State's State Licensing Authority shall
403	403	fill any vacancy of its delegate occurring on the Commission within
404	404	60 days of the vacancy.
405	405	6. Each delegate shall be entitled to one vote on all
406	406	matters before the Commission requiring a vote by Commission
407	407	delegates.
408	408	7. A delegate shall vote in person or by such other
409	409	means as provided in the bylaws. The bylaws may provide for
410	410	delegates to meet by telecommunication, videoconference, or other
411	411	means of communication.
412	412	8. The Commission shall meet at least once during each
413	413	calendar year. Additional meetings may be held as set forth in the
414	414	bylaws. The Commission may meet by telecommunication, video
415	415	conference or other similar electronic means.
416	416	C. The Commission shall have the following powers:
417	417	1. Establish the fiscal year of the Commission;
418	418	2. Establish code of conduct and conflict of interest
419	419	policies;
420	420	3. Establish and amend Rules and bylaws;
421	421	4. Maintain its financial records in accordance with
422	422	the bylaws;
423	423	5. Meet and take such actions as are consistent with
424	424	the provisions of this Compact, the Commission's Rules, and the
425	425	bylaws;
426	426	6. Initiate and conclude legal proceedings or actions
427	427	in the name of the Commission, provided that the standing of any
428	428	State Licensing Board to sue or be sued under applicable law shall
429	429	not be affected;
430	430	7. Purchase and maintain insurance and bonds;
431	431	8. Borrow, accept, or contract for services of
432	432	personnel, including, but not limited to, employees of a Member
433	433	State;
434	434	9. Conduct an annual financial review
435	435	10. Hire employees, elect or appoint officers, fix
436	436	compensation, define duties, grant such individuals appropriate
437	437	authority to carry out the purposes of the Compact, and establish
438	438	the Commission's personnel policies and programs relating to
439	439	conflicts of interest, qualifications of personnel, and other
440	440	related personnel matters;
441	441	11. Assess and collect fees;
442	442	12. Accept any and all appropriate gifts, donations,
443	443	grants of money, other sources of revenue, equipment, supplies,
444	444	materials, and services, and to receive, utilize, and dispose of
445	445	the same; provided that at all times the Commission shall avoid any
446	446	appearance of impropriety or conflict of interest;
447	447	13. Lease, purchase, retain, own, hold, improve, or
448	448	use any property, real, personal, or mixed, or any undivided
449	449	interest therein;
450	450	14. Sell, convey, mortgage, pledge, lease, exchange,
451	451	abandon, or otherwise dispose of any property real, personal, or
452	452	mixed;
453	453	15. Establish a budget and make expenditures;
454	454	16. Borrow money;
455	455	17. Appoint committees, including standing
456	456	committees, composed of members, State regulators, State
457	457	legislators or their representatives, and consumer
458	458	representatives, and such other interested persons as may be
459	459	designated in this Compact and the bylaws;
460	460	18. Provide and receive information from, and
461	461	cooperate with, law enforcement agencies;
462	462	19. Establish and elect an Executive Committee,
463	463	including a chair and a vice chair;
464	464	20. Determine whether a State's adopted language is
465	465	materially different from the model compact language such that the
466	466	State would not qualify for participation in the Compact; and
467	467	21. Perform such other functions as may be necessary
468	468	or appropriate to achieve the purposes of this Compact.
469	469	D. The Executive Committee
470	470	1. The Executive Committee shall have the power to act
471	471	on behalf of the Commission according to the terms of this Compact.
472	472	The powers, duties, and responsibilities of the Executive Committee
473	473	shall include:
474	474	a. Oversee the day-to-day activities of the
475	475	administration of the compact including enforcement and compliance
476	476	with the provisions of the compact, its Rules and bylaws, and other
477	477	such duties as deemed necessary;
478	478	b. Recommend to the Commission changes to the
479	479	Rules or bylaws, changes to this Compact legislation, fees charged
480	480	to Compact Member States, fees charged to licensees, and other
481	481	fees;
482	482	c. Ensure Compact administration services are
483	483	appropriately provided, including by contract;
484	484	d. Prepare and recommend the budget;
485	485	e. Maintain financial records on behalf of the
486	486	Commission;
487	487	f. Monitor Compact compliance of Member States
488	488	and provide compliance reports to the Commission;
489	489	g. Establish additional committees as necessary;
490	490	h. Exercise the powers and duties of the
491	491	Commission during the interim between Commission meetings, except
492	492	for adopting or amending Rules, adopting or amending bylaws, and
493	493	exercising any other powers and duties expressly reserved to the
494	494	Commission by Rule or bylaw; and
495	495	i. Other duties as provided in the Rules or
496	496	bylaws of the Commission.
497	497	2. The Executive Committee shall be composed of seven
498	498	members:
499	499	a. The chair and vice chair of the Commission
500	500	shall be voting members of the Executive Committee; and
501	501	b. The Commission shall elect seven voting
502	502	members from the current membership of the Commission.
503	503	c. The Commission may elect ex-officio,
504	504	nonvoting members from a recognized national Cosmetology
505	505	professional association as approved by the Commission. The
506	506	Commission's bylaws shall identify qualifying organizations and
507	507	the manner of appointment if the number of organizations seeking to
508	508	appoint an ex officio member exceeds the number of members
509	509	specified in this section.
510	510	3. The Commission may remove any member of the
511	511	Executive Committee as provided in the Commission's bylaws.
512	512	4. The Executive Committee shall meet at least
513	513	annually.
514	514	a. Executive Committee meetings shall be open to
515	515	the public, except that the Executive Committee may meet in a
516	516	closed, non-public meeting as provided in subsection E.2 below.
517	517	b. The Executive Committee shall give ten days'
518	518	notice of its meetings, posted on its website and as determined to
519	519	provide notice to persons with an interest in the business of the
520	520	Commission.
521	521	c. The Executive Committee may hold a special
522	522	meeting in accordance with subsection E.1.b. below.
523	523	E. The Commission shall adopt and provide to the Member
524	524	States an annual report.
525	525	F. Meetings of the Commission
526	526	1. All meetings shall be open to the public, except
527	527	that the Commission may meet in a closed, non-public meeting as
528	528	provided in subsection F.2 below.
529	529	a. Public notice for all meetings of the full
530	530	Commission of meetings shall begiven in the same manner as required
531	531	under the Rulemaking provisions in Section 11, except that the
532	532	Commission may hold a special meeting as provided in subsection
533	533	F.1.b below.
534	534	b. The Commission may hold a special meeting when
535	535	it must meet to conduct emergency business by giving [24, 48,or
536	536	other] hours' notice to all commissioners, on the Commission's
537	537	website, and other means as provided in the Commission's rules. The
538	538	Commission's legal counsel shall certify that the Commission's need
539	539	to meet qualifies as an emergency.
540	540	2. The Commission or the Executive Committee or other
541	541	committees of the Commission may convene in a closed, non-public
542	542	meeting for the Commission or Executive Committee or other
543	543	committees of the Commission to receive legal advice or to discuss:
544	544	a. Non-compliance of a Member State with its
545	545	obligations under the Compact;
546	546	b. The employment, compensation, discipline or
547	547	other matters, practices or procedures related to specific
548	548	employees;
549	549	c. Current or threatened discipline of a Licensee
550	550	or by the Commission or by a Member State's Licensing Board;
551	551	d. Current, threatened, or reasonably
552	552	anticipated litigation;
553	553	e. Negotiation of contracts for the purchase,
554	554	lease, or sale of goods, services, or real estate;
555	555	f. Accusing any person of a crime or formally
556	556	censuring any person;
557	557	g. Trade secrets or commercial or financial
558	558	information that is privileged or confidential;
559	559	h. Information of a personal nature where
560	560	disclosure would constitute a clearly unwarranted invasion of
561	561	personal privacy;
562	562	i. Investigative records compiled for law
563	563	enforcement purposes;
564	564	j. Information related to any investigative
565	565	reports prepared by or on behalf of or for use of the Commission or
566	566	other committee charged with responsibility of investigation or
567	567	determination of compliance issuespursuant to the Compact;
568	568	k. Matters specifically exempted from disclosure
569	569	by federal or Member State law; or
570	570	l. Other matters as promulgated by the Commission
571	571	by Rule.
572	572	3. If a meeting, or portion of a meeting, is closed,
573	573	the presiding officer shall state that the meeting will be closed
574	574	and reference each relevant exempting provision, and such reference
575	575	shall be recorded in the minutes.
576	576	4. The Commission shall keep minutes that fully and
577	577	clearly describe all matters discussed in a meeting and shall
578	578	provide a full and accurate summary of actions taken, and the
579	579	reasons therefore, including a description of the views expressed.
580	580	All documents considered in connection with an action shall be
581	581	identified in such minutes. All minutes and documents of a closed
582	582	meeting shall remain under seal, subject to release only by a
583	583	majority vote of the Commission or order of a court of competent
584	584	jurisdiction.
585	585	G. Financing of the Commission
586	586	1. The Commission shall pay, or provide for the
587	587	payment of, the reasonable expenses of its establishment,
588	588	organization, and ongoing activities.
589	589	2. The Commission may accept any and all appropriate
590	590	revenue sources as provided in C(12).
591	591	3. The Commission may levy on and collect an annual
592	592	assessment from each Member State and impose fees on licensees of
593	593	Member States to whom it grants a Multistate License to cover the
594	594	cost of the operations and activities of the Commission and its
595	595	staff, which must be in a total amount sufficient to cover its
596	596	annual budget as approved each year for which revenue is not
597	597	provided by other sources. The aggregate annual assessment amount
598	598	for Member States shall be allocated based upon a formula that the
599	599	Commission shall promulgate by Rule.
600	600	4. The Commission shall not incur obligations of any
601	601	kind prior to securing the funds adequate to meet the same; nor
602	602	shall the Commission pledge the credit of any of the Member States,
603	603	except by and with the authority of the Member State.
604	604	5. The Commission shall keep accurate accounts of all
605	605	receipts and disbursements. The receipts and disbursements of the
606	606	Commission shall be subject to the financial review and accounting
607	607	procedures established under its bylaws. However, all receipts and
608	608	disbursements of funds handled by the Commission shall be subject
609	609	to an annual financial review bya certified or licensed public
610	610	accountant, and the report of the financial review shall be
611	611	included in and become part of the annual report of the Commission.
612	612	H. Qualified Immunity, Defense, and Indemnification
613	613	1. The members, officers, executive director,
614	614	employees and representatives of the Commission shall be immune
615	615	from suit and liability, both personally and in their official
616	616	capacity, for any claim for damage to or loss of property or
617	617	personal injury or other civil liability caused by or arising out of
618	618	any actual or alleged act, error, or omission that occurred, or that
619	619	the person against whom the claim is made had a reasonable basis for
620	620	believing occurred within the scope of Commission employment,
621	621	duties or responsibilities; provided that nothing in this paragraph
622	622	shall be construed to protect any such person from suit or liability
623	623	for any damage, loss, injury, or liability caused by the
624	624	intentional or willful or wanton misconduct of that person. The
625	625	procurement of insurance of any type by the Commission shall not in
626	626	any way compromise or limit the immunity granted hereunder.
627	627	2. The Commission shall defend any member, officer,
628	628	executive director, employee, and representative of the Commission
629	629	in any civil action seeking to impose liabilityarising out of any
630	630	actual or alleged act, error, or omission that occurred within the
631	631	scope of Commission employment, duties, or responsibilities, or as
632	632	determined by the commission that the person against whom the claim
633	633	is made had a reasonable basis for believing occurred within the
634	634	scope of Commission employment, duties, or responsibilities;
635	635	provided that nothing herein shall be construed to prohibit that
636	636	person from retaining their own counsel at their own expense; and
637	637	provided further, that the actual or alleged act, error, or
638	638	omission did not result from that person's intentional or willful
639	639	or wanton misconduct.
640	640	3. The Commission shall indemnify and hold harmless
641	641	any member, officer, executive director, employee, and
642	642	representative of the Commission for the amount of any settlement
643	643	or judgment obtained against that person arising out of any actual
644	644	or alleged act, error, or omission that occurred within the scope of
645	645	Commission employment, duties, or responsibilities, or that such
646	646	person had a reasonable basis for believing occurred within the
647	647	scope of Commission employment, duties, or responsibilities,
648	648	provided that the actual or alleged act, error, or omission did not
649	649	result from the intentional or willful or wanton misconduct of that
650	650	person.
651	651	4. Nothing herein shall be construed as a limitation
652	652	on the liability of any licensee for professional malpractice or
653	653	misconduct, which shall be governed solely by any other applicable
654	654	state laws.
655	655	5. Nothing in this Compact shall be interpreted to
656	656	waive or otherwise abrogate a Member State's state action immunity
657	657	or state action affirmative defense with respect to antitrust
658	658	claims under the Sherman Act, Clayton Act, or any other state or
659	659	federal antitrust or anticompetitive law or regulation.
660	660	6. Nothing in this Compact shall be construed to be a
661	661	waiver of sovereign immunity by the Member States or by the
662	662	Commission.
663	663	ARTICLE 10- DATA SYSTEM
664	664	A. The Commission shall provide for the development,
665	665	maintenance, operation, and utilization of a coordinated database
666	666	and reporting system containing licensure, Adverse Action, and the
667	667	presence of Current Significant Investigative Information on all
668	668	licensed individuals in Member States.
669	669	B. Notwithstanding any other provision of State law to the
670	670	contrary, a Member State shall submit a uniform data set to the Data
671	671	System on all individuals to whom this Compact is applicable as
672	672	required by the Rules of the Commission, including:
673	673	1. Identifying information;
674	674	2. Licensure data;
675	675	3. Adverse Actions against a license or Privilege to
676	676	Practice [and information related thereto];
677	677	4. Non-confidential information related to
678	678	Alternative Program participation, the beginning and ending dates
679	679	of such participation, and other information related to such
680	680	participation not made confidential under Member State law;
681	681	5. Any denial of application for licensure, and the
682	682	reason(s) for such denial;
683	683	6. The presence of Current Significant Investigative
684	684	Information; and
685	685	7. Other information that may facilitate the
686	686	administration of this Compact or the protection of the public, as
687	687	determined by the Rules of the Commission.
688	688	C. The information contained in the data system shall be
689	689	considered authentic and not hearsay in any civil action involving
690	690	the Commission when accompanied by a certification by the
691	691	Commission's data system manager concerning the authenticity of the
692	692	data.
693	693	D. Current Significant Investigative Information and
694	694	Investigative Information pertaining to a Licensee in any Member
695	695	State will only be available to other Member States.
696	696	E. It is the responsibility of the Member States to report
697	697	any Adverse Action against a Licensee. Adverse Action information
698	698	pertaining to a Licensee in any Member State will be available to
699	699	any other Member State.
700	700	F. Member States contributing information to the Data
701	701	System may designate information that may not be shared with the
702	702	public without the express permission of the contributing State.
703	703	G. Any information submitted to the Data System that is
704	704	subsequently expunged pursuant to federal law or the laws of the
705	705	Member State contributing the information shall be removed from the
706	706	Data System.
707	707	ARTICLE 11- RULEMAKING
708	708	A. The Commission shall promulgate reasonable Rules in
709	709	order to effectively and efficiently implement and administer the
710	710	purposes and provisions of the Compact. In addition to any other
711	711	applicable standard of review, in the event a court of competent
712	712	jurisdiction holds that the Commission exercised its Rulemaking
713	713	authority in a manner that is beyond the scope of the purposes of
714	714	the Compact, or the powers granted hereunder, then such an action by
715	715	the Commission shall be invalid and have no force or effect.
716	716	B. The Rules of the Commission shall have the force of law in
717	717	each Member State, provided however that where the Rules of the
718	718	Commission conflict with the State Practice Laws of a Member State
719	719	as held by a court of competent jurisdiction, the Rules of the
720	720	Commission shall be ineffective in that State to the extent of the
721	721	conflict.
722	722	C. The Commission shall exercise its Rulemaking powers
723	723	pursuant to the criteria set forth in this Section and the Rules
724	724	adopted thereunder. Rules and amendments shall become binding as of
725	725	the date specified in each Rule or amendment.
726	726	D. If a majority of the legislatures of the Member States
727	727	rejects a Rule or portion of a Rule, by enactment of a statute or
728	728	resolution in the same manner used to adopt the Compact within four
729	729	(4) years of the date of adoption of the Rule, then such Rule shall
730	730	have no further force and effect in any Member State.
731	731	E. Rules or amendments to the Rules shall be adopted at a
732	732	regular or special meeting of the Commission.
733	733	F. Prior to adoption of a proposed Rule, the Commission
734	734	shall hold a public hearing and allow persons to give oral testimony
735	735	and submit written data, facts, opinions, and arguments.
736	736	G. Prior to adoption of a proposed Rule by the Commission,
737	737	and at least thirty (30) days in advance of the meeting at which the
738	738	Commission will hold a public hearing on the proposed Rule, the
739	739	Commission shall provide a Notice of Proposed Rulemaking:
740	740	1. On the website of the Commission or other publicly
741	741	accessible platform;
742	742	2. To persons who have requested notice of the
743	743	Commission's notices of proposed rulemaking, and
744	744	3. In such other way(s) as the Commission may by Rule
745	745	specify.
746	746	H. The Notice of Proposed Rulemaking shall include:
747	747	1. The time, date, and location of the public hearing
748	748	at which the Commission will hear testimony on the proposed Rule
749	749	and, if different, the time, date, and location of the meeting where
750	750	the Commission will consider and vote on the proposed Rule;
751	751	2. If the hearing is held via telecommunication, video
752	752	conference, or other electronic means, the Commission shall include
753	753	the mechanism for access to the hearing in the Notice of Proposed
754	754	Rulemaking;
755	755	3. The text of the proposed Rule and the reason
756	756	therefor;
757	757	4. A request for comments on the proposed Rule from any
758	758	interested person; and
759	759	5. The manner in which interested persons may submit
760	760	written comments.
761	761	I. Prior to adoption of a proposed Rule, the Commission
762	762	shall allow persons to submit written data, facts, opinions, and
763	763	arguments, which shall be made available to the public.
764	764	J. The Commission shall grant an opportunity for a public
765	765	hearing before it adopts a Rule or amendment if a hearing is
766	766	requested by:
767	767	1. At least twenty-five (25) persons;
768	768	2. A State or federal governmental subdivision or
769	769	agency; or
770	770	3. An association or organization having at least
771	771	twenty-five (25) members.
772	772	K. If a hearing is held on the proposed Rule or amendment,
773	773	the Commission shall publish the place, time, and date of the
774	774	scheduled public hearing. If the hearing is held via electronic
775	775	means, the Commission shall publish the mechanism for access to the
776	776	electronic hearing.
777	777	1. All persons wishing to be heard at the hearing shall
778	778	notify the executive director of the Commission or other designated
779	779	member in writing of their desire to appear and testify at the
780	780	hearing not less than five (5) business days before the scheduled
781	781	date of the hearing.
782	782	2. Hearings shall be conducted in a manner providing
783	783	each person who wishes to comment a fair and reasonable opportunity
784	784	to commend orally or in writing.
785	785	3. All hearings will be recorded. A copy of the
786	786	recording will be made available on request.
787	787	4. Nothing in this section shall be construed as
788	788	requiring a separate hearing on each Rule. Rules may be grouped for
789	789	the convenience of the Commission at hearings required by this
790	790	section.
791	791	L. Following the scheduled hearing date, or by the close of
792	792	business on the scheduled hearing date if the hearing was not held,
793	793	the Commission shall consider all written and oral comments
794	794	received.
795	795	M. If no written notice of intent to attend the public
796	796	hearing by interested parties is received, the Commission may
797	797	proceed with promulgation of the proposed Rule without a public
798	798	hearing.
799	799	N. The Commission shall, by majority vote of all members,
800	800	take final action on the proposed Rule and shall determine the
801	801	effective date of the Rule, if any, based on the Rulemaking record
802	802	and the full text of the Rule.
803	803	O. Upon determination that an emergency exists, the
804	804	Commission may consider and adopt an emergency Rule without prior
805	805	notice, opportunity for comment, or hearing, provided that the
806	806	usual Rulemaking procedures provided in the Compact and in this
807	807	Article shall be retroactively applied to the Rule as soon as
808	808	reasonably possible, in no event later than ninety (90) days after
809	809	the effective date of the Rule. For the purposes of this provision,
810	810	an emergency Rule is one that must be adopted immediately in order
811	811	to:
812	812	1. Meet an imminent threat to public health, safety,
813	813	or welfare;
814	814	2. Prevent a loss of Commission or Member State funds;
815	815	3. Meet a deadline for the promulgation of an
816	816	administrative Rule that is established by federal law or Rule; or
817	817	4. Protect public health and safety.
818	818	P. The Commission or authorized committee of the Commission
819	819	may direct revisions to a previously adopted Rule or amendment fir
820	820	purposes of correcting typographical errors, errors in format,
821	821	errors in consistency, or grammatical errors. Public notice of any
822	822	revisions shall be posted on the website of the Commission. The
823	823	revision shall be subject to challenge by any person for a period of
824	824	thirty (30) days after posting. The revision may be challenged only
825	825	on grounds that the revision results in a material change to a Rule.
826	826	A challenge shall be made in writing and delivered to the chair of
827	827	the Commission prior to the end of the notice period. If not
828	828	challenge is made, the revision will take effect without further
829	829	action. If the revision is challenged, the revision may not take
830	830	effect with the approval of the Commission.
831	831	ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
832	832	A. Oversight
833	833	1. The executive, legislative, and judicial branches
834	834	of State government in each Member State shall enforce this Compact
835	835	and take all actions necessary and appropriate to effectuate the
836	836	Compact's purposes and intent. The provisions of this Compact and
837	837	the Rules promulgated hereunder shall have standing as statutory
838	838	law.
839	839	2. All courts shall take judicial notice of the
840	840	Compact and the Rules in any judicial or administrative proceeding
841	841	in a Member State pertaining to the subject matter of this Compact
842	842	which may affect the powers, responsibilities, or actions of the
843	843	Commission.
844	844	3. The Commission shall be entitled to receive service
845	845	of process in any such proceeding, and shall have standing to
846	846	intervene in such a proceeding for all purposes. Failure to provide
847	847	service of process to the Commission shall render a judgment or
848	848	order void as to the Commission, this Compact, or promulgated
849	849	Rules.
850	850	B. Default, Technical Assistance, and Termination
851	851	1. If the Commission determines that a Member State
852	852	has defaulted in the performance of its obligations or
853	853	responsibilities under this Compact or the promulgated Rules, the
854	854	Commission shall:
855	855	a. Provide written notice to the defaulting State
856	856	and other Member States of the nature of the default, the proposed
857	857	means or curing the default and any other action to be taken by the
858	858	Commission; and
859	859	b. Provide remedial training and specific
860	860	technical assistance regarding the default.
861	861	2. If a State in default fails to cure the default, the
862	862	defaulting State may be terminated from this Compact upon an
863	863	affirmative vote of a majority of the Member States, and all rights,
864	864	privileges and benefits conferred by this Compact may be terminated
865	865	on the effective date of termination. A cure of the default does not
866	866	relieve the offending State of obligations or liabilities incurred
867	867	during the period of default.
868	868	3. Termination of membership in the Compact shall be
869	869	imposed only after all other means of securing compliance have been
870	870	exhausted. Notice of intent to suspend or terminate shall be given
871	871	by the Commission to the governor, the majority and minority
872	872	leaders of the defaulting State's legislature, and each of the
873	873	Member States.
874	874	4. A State that has been terminated is responsible for
875	875	all assessments, obligations, and liabilities incurred through the
876	876	effective date of termination, including obligations that extend
877	877	beyond the effective date of termination.
878	878	5. The Commission shall not bear any costs related to a
879	879	State that is found to be in default or that has been terminated
880	880	from the Compact, unless agreed upon in writing between the
881	881	Commission and the defaulting State.
882	882	6. The defaulting State may appeal the action of the
883	883	Commission by petitioning the U.S. District Court for the District
884	884	of Columbia or the federal district where the Commission has its
885	885	principal offices. The prevailing member shall be awarded all costs
886	886	of such litigation, including attorney's fees.
887	887	C. Dispute Resolution
888	888	1. Upon request by a Member State, the Commission
889	889	shall attempt to resolve disputes related to the Compact that arise
890	890	among Member States and between member and non-member States.
891	891	2. The Commission shall promulgate a Rule providing
892	892	for both mediation and binding dispute resolution for disputes as
893	893	appropriate.
894	894	D. Enforcement
895	895	1. The Commission, in the reasonable exercise of its
896	896	discretion, shall enforce the provisions and Rules of this Compact.
897	897	2. By majority vote, the Commission may initiate legal
898	898	action in the United States District Court for the District of
899	899	Columbia or the federal district where the Commission has its
900	900	principal offices against a Member State in default to enforce
901	901	compliance with the provisions of the Compact and its promulgated
902	902	Rules and bylaws. The relief sought may include both injunctive
903	903	relief and damages. In the event judicial enforcement is necessary,
904	904	the prevailing member shall be awarded costs of such litigation,
905	905	including attorney's fees.
906	906	3. The remedies herein shall not be the exclusive
907	907	remedies of the Commission. The Commission may pursue any other
908	908	remedies available under federal or State law.
909	909	ARTICLE 13- DATE OF IMPLEMENTATION OF THE COSMETOLOGY LICENSURE
910	910	COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
911	911	A. The Compact shall come into effect on the date on which
912	912	the Compact statute is enacted into law in the tenth Member State.
913	913	The provisions, which become effective at that time, shall be
914	914	limited to the powers granted to the Commission relating to
915	915	assembly and the promulgation or Rules. Thereafter, the Commission
916	916	shall meet and exercise Rulemaking powers necessary to the
917	917	implementation and administration of this Compact.
918	918	B. Any State that joins the Compact subsequent to the
919	919	Commission's initial adoption of the Rules shall be subject to the
920	920	Rules as they exist on the date on which the Compact becomes law in
921	921	that State. Any Rule that has been previously adopted by the
922	922	Commission shall have the full force and effect of law on the day
923	923	the Compact becomes law in that State.
924	924	C. Any Member State may withdraw from this Compact by
925	925	enacting a statute repealing the same.
926	926	1. A Member State's withdrawal shall not take effect
927	927	until six (6) months after the enactment of the repealing statute.
928	928	2. Withdrawal shall not affect the continuing
929	929	requirement of the withdrawing State's Licensing Authority to
930	930	comply with the investigative and Adverse Action reporting
931	931	requirements of this Compact prior to the effective date of
932	932	withdrawal.
933	933	D. Nothing contained in this Compact shall be construed to
934	934	invalidate or prevent any Cosmetology licensure agreement or other
935	935	cooperative agreement between a Member State and a non-member State
936	936	that does not conflict with the provisions of this Compact.
937	937	E. This Compact may be amended by the Member States. No
938	938	amendment to this Compact shall become effective and binding upon
939	939	any Member State until it is enacted into the laws of all Member
940	940	States.
941	941	ARTICLE 14- CONSTRUCTION AND SEVERABILITY
942	942	This Compact shall be liberally construed so as to effectuate the
943	943	purposes thereof. The provisions of this Compact shall be severable
944	944	and if any phrase, clause, sentence, or provision of this Compact is
945	945	declared to be contrary to the constitution of any Member State or
946	946	of the United States or the applicability thereof to any
947	947	government, agency, person, or circumstance is held invalid, the
948	948	validity of the remainder of this Compact and the applicability
949	949	thereof to any government, agency, person, or circumstance shall
950	950	not be affected thereby. If this Compact shall be held contrary to
951	951	the constitution of any Member State, the Compact shall remain in
952	952	full force and effect as to the remaining Member States and in full
953	953	force and effect as to the Member State affected as to all severable
954	954	matters.
955	955	ARTICLE 15- BINDING EFFECT OF COMPACT AND OTHER LAWS
956	956	A. A Licensee providing Cosmetology Services in a Remote
957	957	State under a Multistate License shall function within the laws and
958	958	regulations of the Remote State.
959	959	B. Nothing herein prevents the enforcement of any other law
960	960	of a Member State that is not inconsistent with this Compact.
961	961	C. Any laws in a Member State in conflict with this Compact
962	962	are superseded to the extent of the conflict.
963	963	D. Any lawful actions by the Commission, including all Rules
964	964	and bylaws promulgated by the Commission, are binding upon the
965	965	Member States.
966	966	E. All agreements between the Commission and the Member
967	967	States are binding in accordance with their terms.
968	968	F. In the event any provision of the Compact exceeds the
969	969	constitutional limits imposed on the legislature of any Member
970	970	State, the provision shall be ineffective to the extent of the
971	971	conflict with the constitutional provision in question in that
972	972	Member State.