N.D. Cent. Code § 12-65-01 Compact for adult offender supervision
12-65-01. Compact for adult offender supervision
The interstate compact for adult offender supervision is entered with all jurisdictions legally
joining the compact in the form substantially as follows:
ARTICLE I - PURPOSE
1. The compacting states to this interstate compact recognize that each state is
responsible for the supervision of adult offenders in the community who are authorized
pursuant to the bylaws and rules of this compact to travel across state lines both to
and from each compacting state in such a manner as to track the location of offenders,
transfer supervision authority in an orderly and efficient manner and, when necessary,
return offenders to the originating jurisdictions. The compacting states also recognize
that the United States Congress, by enacting 4 U.S.C. 112 [Pub. L. 89-554; 80
Stat. 608], has authorized and encouraged compacts for cooperative efforts and
mutual assistance in the prevention of crime.
2. It is the purpose of this compact and the interstate commission created under this
compact, through means of joint and cooperative action among the compacting states:
a. To provide the framework for the promotion of public safety and protect the rights
of victims through the control and regulation of the interstate movement of
offenders in the community;
b. To provide for the effective tracking, supervision, and rehabilitation of these
offenders by the sending and receiving states; and
c. To equitably distribute the costs, benefits, and obligations of the compact among
the compacting states.
3. In addition, this compact is intended to:
a. Create an interstate commission that will establish uniform procedures to manage
the movement between states of offenders placed under community supervision
and released to the community under the jurisdiction of courts, paroling
authorities, or corrections or other criminal justice agencies that will promulgate
rules to achieve the purpose of this compact;
b. Ensure an opportunity for comment and time notice to victims and to jurisdictions
where offenders are authorized to travel or to relocate across state lines;
c. Establish a system of uniform data collection, access to information on active
cases by authorized criminal justice officials and regular reporting of compact
activities to the heads of state councils, the state executive, judicial, and
legislative branches, and the criminal justice administrators;
d. Monitor compliance with rules governing interstate movement of offenders and
initiate interventions to address and correct noncompliance; and
e. Coordinate training and education on the regulation of interstate movement of
offenders for officials involved in that activity.
4. The compacting states recognize that there is no right of any offender to live in another
state and that duly accredited officers of a sending state may at all times enter a
receiving state and there apprehend and retake any offender under supervision,
subject to this compact and the bylaws and rules promulgated under this compact. It is
the policy of the compacting states that the activities conducted by the interstate
commission are intended to formulate public policy and are therefore public business.
ARTICLE II - DEFINITIONS
As used in this compact, unless the context otherwise requires:
1. "Adult" means a person who is eighteen years of age or older or a person under
eighteen years of age who is legally classified, either by statute or court order, as an
adult.
2. "Bylaws" means those bylaws established by the interstate commission for its
governance or for directing or controlling the interstate commission's actions or
conduct.
3. "Commissioner" means the voting representative of each compacting state appointed
pursuant to article 3 of this compact.
4. "Compact administrator" means the individual in each compacting state appointed
under the terms of this compact, or the individual's designee, responsible for the
administration and management of the state's supervision and transfer of offenders
subject to the terms of this compact, the rules adopted by the interstate commission,
and policies adopted by the state council under this compact.
5. "Compacting state" means any state that has enacted the enabling legislation for this
compact.
6. "Interstate commission" means the interstate commission for adult offender
supervision created by article 3 of this compact.
7. "Member" means the commissioner of a compacting state or the commissioner's
designee who is an individual officially connected with the commissioner.
8. "Noncompacting state" means any state that has not enacted the enabling legislation
for this compact.
9. "Offender" means an adult placed under or subject to supervision as the result of the
commission of a criminal offense and released to the community under the jurisdiction
of courts, paroling authorities, or corrections or other criminal justice agencies.
10. "Person" means any individual or public or private legal entity.
11. "Rules" means acts of the interstate commission, adopted pursuant to article 8 of this
compact and substantially affecting interested parties in addition to the interstate
commission, which have the force and effect of law in the compacting states.
12. "State" means a state of the United States, the District of Columbia, or any territorial
possession of the United States.
13. "State council" means the resident members of the state council for interstate adult
offender supervision created by each state under article 4 of this compact.
ARTICLE III - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION
1. The compacting states hereby create the interstate commission for adult offender
supervision. The interstate commission is a body corporate and joint agency of the
compacting states. The interstate commission has all the responsibilities, powers, and
duties set forth in this compact, including the power to sue and be sued and any
additional powers as may be conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with this compact.
2. The interstate commission consists of commissioners selected and appointed by each
state. The governor shall appoint a commissioner and a deputy commissioner. In
addition to the commissioners who are the voting representatives of each state, the
interstate commission includes individuals who are not commissioners but who are
members of interested organizations. The noncommissioner members include a
member of the national organizations of governors, legislators, state chief justices,
attorneys general, and crime victims. All noncommissioner members of the interstate
commission are nonvoting members. The interstate commission may provide in its
bylaws for additional nonvoting members as it deems necessary.
3. Each compacting state represented at any meeting of the interstate commission is
entitled to one vote. A majority of the compacting states constitutes a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of the
interstate commission.
4. The interstate commission shall meet at least once each calendar year. The chairman
may call additional meetings and, upon the request of twenty-seven or more
compacting states, shall call additional meetings. Public notice must be given of all
meetings and meetings are open to the public, except as provided in article 7 of this
compact.
5. The interstate commission shall establish an executive committee that includes
commission officers, members, and others as determined by the bylaws. The
executive committee has the power to act on behalf of the interstate commission
during periods when the interstate commission is not in session, with the exception of
rulemaking or amendment to the compact. The executive committee oversees the
day-to-day activities managed by the executive director and interstate commission
staff, administers enforcement and compliance with the provisions of the compact, its
bylaws and rules and as directed by the interstate commission and performs other
duties as directed by the interstate commission or as set forth in the bylaws and rules.
ARTICLE IV - COMPACT ADMINISTRATOR AND STATE COUNCIL
1. The director of the department of corrections and rehabilitation, or the director's
designee, shall serve as the compact administrator for this state's commissioner to the
interstate commission.
2. The North Dakota state council for interstate adult offender supervision is established,
consisting of seven members. The director of the department of corrections and
rehabilitation, or the director's designee, is a member of the state council and serves
as chairman. Of the remaining members of the state council:
a. The governor shall appoint three members, one of whom must represent a crime
victim's organization; and
b. The chief justice of the supreme court, the president of the senate, and the
speaker of the house of representatives shall each appoint one member.
3. The term of office of a member is four years.
4. The state council shall meet at least twice a year.
5. The state council may advise the compact administrator on participation in the
interstate commission activities and administration of the compact.
6. Members of the state council are entitled to expenses as provided in sections
44-08-04 and 54-06-09. Legislative assembly members also are entitled to
compensation at the rate provided in section 54-35-10.
ARTICLE V - POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission has the following powers:
1. To adopt suitable bylaws governing the management and operation of the interstate
commission.
2. To adopt rules that have the force and effect of law and are binding in the compacting
states to the extent and in the manner provided in this compact.
3. To oversee, supervise, and coordinate the interstate movement of offenders subject to
the terms of this compact and any bylaws and rules adopted by the interstate
commission.
4. To enforce compliance with the compact and the rules and bylaws of the interstate
commission, using all necessary and proper means, including the use of judicial
process.
5. To establish and maintain offices.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, or contract for the services of personnel, including members and
their staffs.
8. To establish and appoint committees and hire staff it deems necessary to carry out its
functions, including an executive committee as required by article 3 of this compact,
which has the power to act on behalf of the interstate commission in carrying out its
powers and duties under this compact.
9. To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix
their compensation, define their duties, and determine their qualifications, and to
establish the interstate commission's personnel policies and programs relating to,
among other things, conflicts of interest, rates of compensation, and qualifications of
personnel.
10. To accept, use, and dispose of donations and grants of money, equipment, supplies,
materials, and services.
11. To lease, purchase, accept contributions or donations of any property, or otherwise to
own, hold, improve, or use any property.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property.
13. To establish a budget and make expenditures and levy dues as provided in article 10
of this compact.
14. To sue and be sued.
15. To provide for dispute resolution among compacting states.
16. To perform functions as may be necessary or appropriate to achieve the purposes of
this compact.
17. To report annually to the legislatures, governors, judiciary, and state councils of the
compacting states concerning the activities of the interstate commission during the
preceding year. Reports must also include any recommendations that may have been
adopted by the interstate commission.
18. To coordinate education, training, and public awareness regarding the interstate
movement of offenders for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting, and exchanging of data.
ARTICLE VI - ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
1. The interstate commission, by a majority of the members within twelve months of the
first interstate commission meeting, shall adopt bylaws to govern its conduct as may
be necessary or appropriate to carry out the compact, including:
a. Establishing the fiscal year of the interstate commission.
b. Establishing an executive committee and other committees as may be necessary.
c. Providing reasonable standards and procedures for establishing committees and
governing any general or specific delegation of any authority or function of the
interstate commission.
d. Providing reasonable procedures for calling and conducting meetings of the
interstate commission and ensuring reasonable notice of each meeting.
e. Establishing the titles and responsibilities of the officers of the interstate
commission.
f. Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the interstate commission. Notwithstanding
any civil service laws or other similar laws of any compacting state, the bylaws
exclusively govern the personnel policies and programs of the interstate
commission.
g. Providing a mechanism for winding up the operations of the interstate
commission and the equitable return of any surplus funds that may exist upon the
termination of the compact after the payment or reserving of all of the interstate
commission's debts and obligations.
h. Providing transition rules for startup administration of the compact.
i. Establishing standards and procedures for compliance and technical assistance
in carrying out the compact.
2. a. The interstate commission, by a majority of the members, shall elect from among
its members a chairman and vice chairman, each of whom has the authority and
duties as may be specified in the bylaws. The chairman, or in the chairman's
absence or disability the vice chairman, shall preside at all meetings of the
interstate commission. The officers so elected serve without compensation or
remuneration from the interstate commission, provided that, subject to the
availability of budgeted funds, the officers are reimbursed for any actual and
necessary costs and expenses incurred by them in the performance of their
duties and responsibilities as officers of the interstate commission.
b. The interstate commission shall, through its executive committee, appoint or
retain an executive director for the period, upon the terms and conditions and for
the compensation as the interstate commission may deem appropriate. The
executive director shall serve as secretary to the interstate commission and shall
hire and supervise other staff as may be authorized by the interstate commission,
but is not a member of the interstate commission.
3. The interstate commission shall maintain its corporate books and records in
accordance with the bylaws.
4. a. The liability of any member, officer, executive director, employee, or agent of the
interstate commission acting within the scope of the person's employment or
duties for acts, errors, or omissions occurring within the state may not exceed the
limits set forth in chapter 32-12.2. This subsection does not protect any person
from suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of any person.
b. The interstate commission shall defend the commissioner of a compacting state,
the commissioner's representatives or employees, or the interstate commission's
representatives or employees 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 interstate commission employment, duties, or responsibilities, or that the
defendant had a reasonable basis for believing occurred within the scope of
interstate commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional wrongdoing
on the part of such person.
c. The interstate commission shall indemnify and hold the commissioner of a
compacting state, the appointed representatives, or employees, or the interstate
commission's representatives or employees, harmless in the amount of any
settlement or judgment obtained against those persons arising out of any actual
or alleged act, error, or omission that occurred within the scope of interstate
commission employment, duties, or responsibilities, or that the persons had a
reasonable basis for believing occurred within the scope of interstate commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from intentional wrongdoing on the part of those
persons.
ARTICLE VII - ACTIVITIES OF THE INTERSTATE COMMISSION
1. The interstate commission shall meet and take those actions consistent with this
compact.
2. Except as otherwise provided in this compact and unless a greater percentage is
required under the bylaws, in order to constitute an act of the interstate commission,
the act must have been taken at a meeting of the interstate commission and must
have received an affirmative vote of a majority of the members present.
3. Each member of the interstate commission has the right and power to cast a vote to
which that compacting state is entitled and to participate in the business and affairs of
the interstate commission. A member must vote in person on behalf of the compacting
state and may not delegate a vote to another compacting state. However, the director
of the department of corrections and rehabilitation may designate another individual, in
the absence of the director, to cast a vote on behalf of the director at a specified
meeting. The bylaws may provide for members' participation in meetings by telephone
or other means of telecommunication or electronic communication. Any voting
conducted by telephone or other means of telecommunication or electronic
communication is subject to the same quorum requirements of meetings where
members are present in person.
4. The interstate commission's bylaws must establish conditions and procedures under
which the interstate commission makes its information and official records available to
the public for inspection or copying. The interstate commission may exempt from
disclosure any information or official records to the extent the information or records
would adversely affect personal privacy rights or proprietary interests. In adopting
rules, the interstate commission may make available to law enforcement agencies
records and information otherwise exempt from disclosure and may enter into
agreements with law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
5. Public notice must be given of all meetings and all meetings must be open to the
public, except as set forth in the rules or as otherwise provided in the compact. The
interstate commission shall adopt rules consistent with the principles contained in the
Government in the Sunshine Act [Pub. L. 104-231; 110 Stat. 3049; 5 U.S.C. 552]. The
interstate commission and any of its committees may close a meeting to the public
when the interstate commission determines by two-thirds vote that an open meeting
would be likely to:
a. Relate solely to the interstate commission's internal personnel practices and
procedures;
b. Disclose matters specifically exempted from disclosure by statute;
c. Disclose trade secrets or commercial or financial information that is privileged or
confidential;
d. Involve accusing any person of a crime or formally censuring any person;
e. Disclose information of a personal nature when the disclosure would constitute a
clearly unwarranted invasion of personal privacy;
f. Disclose investigatory records compiled for law enforcement purposes;
g. Disclose information contained in or related to examination, operating, or
condition reports prepared by, or on behalf of or for the use of, the interstate
commission with respect to a regulated entity for the purpose of regulation or
supervision of the entity;
h. Disclose information when the premature disclosure would significantly endanger
the life of a person or the stability of a regulated entity; or
i. Specifically relate to the interstate commission's issuance of a subpoena or its
participation in a civil action or proceeding.
6. For every meeting closed pursuant to subsection 5, the interstate commission's chief
legal officer shall publicly certify that, in the officer's opinion, the meeting may be
closed to the public and shall make reference to each relevant provision authorizing
closure of the meeting. The interstate commission shall keep minutes that fully and
clearly describe all matters discussed in any meeting and shall provide a full and
accurate summary of any action taken, and the reasons therefor, including a
description of each of the views expressed on any item and the record of any roll call
vote. All documents considered in connection with any action must be identified in the
minutes.
7. The interstate commission shall collect standardized data concerning the interstate
movement of offenders as directed through its bylaws and rules that specify the data to
be collected, the means of collection and data exchange, and reporting requirements.
ARTICLE VIII - RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
1. The interstate commission shall adopt rules in order to effectively and efficiently
achieve the purposes of the compact, including transition rules governing
administration of the compact during the period in which it is being considered and
enacted by the states.
2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws
and rules adopted pursuant to this article. The rulemaking must substantially conform
to the principles of the Federal Administrative Procedure Act [Pub. L. 103-272; 108
Stat. 1373; 5 U.S.C. 551 et seq.] and the Federal Advisory Committee Act [5 U.S.C.
Appendix 2, section 1 et seq.]. All rules and amendments become binding as of the
date specified in each rule or amendment.
3. If a majority of the legislatures of the compacting states reject a rule, by enactment of
a statute or adoption of a resolution in the same manner used to adopt the compact,
the rule has no further force and effect in any compacting state.
4. When adopting a rule, the interstate commission shall:
a. Publish the proposed rule, stating with particularity the text of the rule that is
proposed and the reason for the proposed rule;
b. Allow persons to submit written data, facts, opinions, and arguments, which
information must be publicly available;
c. Provide an opportunity for an informal hearing; and
d. Adopt a final rule and its effective date, if appropriate, based on the rulemaking
record. Not later than sixty days after a rule is adopted, any interested person
may file a petition in the United States district court for the District of Columbia or
in the federal district court where the interstate commission's principal office is
located for judicial review of the rule. If the court finds that the interstate
commission's action is not supported by substantial evidence in the rulemaking
record, the court shall hold the rule unlawful and set it aside. For purposes of this
subdivision, evidence is substantial if it would be considered substantial evidence
under the Federal Administrative Procedure Act [Pub. L. 103-272; 108 Stat. 1373;
5 U.S.C. 551 et seq.] and the Federal Advisory Committee Act [5 U.S.C.
Appendix 2, section 1 et seq.].
5. Rules related to the following subjects must be addressed within twelve months after
the first meeting of the interstate commission:
a. Notice to victims and opportunity to be heard;
b. Offender registration and compliance;
c. Violations and returns;
d. Transfer procedures and forms;
e. Eligibility for transfer;
f. Collection of restitution and fees from offenders;
g. Data collection and reporting;
h. Level of supervision to be provided by the receiving state;
i. Transition rules governing the operation of the compact and the interstate
commission during the period between the effective date of the compact and the
date on which the last eligible state adopts the compact; and
j. Mediation, arbitration, and dispute resolution.
6. The existing rules governing the operation of the previous compact superseded by this
compact are void twelve months after the first meeting of the interstate commission
created under this compact.
7. Upon determination by the interstate commission that an emergency exists, the
interstate commission may adopt an emergency rule that becomes effective
immediately upon adoption, provided that the usual rulemaking procedures provided in
this article are retroactively applied to the rule as soon as reasonably possible, but no
later than ninety days after the effective date of the rule.
ARTICLE IX - OVERSIGHT, ENFORCEMENT,
AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
1. a. The interstate commission shall oversee the interstate movement of adult
offenders in the compacting states and shall monitor those activities being
administered in noncompacting states which may significantly affect compacting
states.
b. The courts and executive agencies in each compacting state shall enforce this
compact and shall take all actions necessary and appropriate to effectuate the
compact's purposes and intent. In any judicial or administrative proceeding in a
compacting state pertaining to the subject matter of this compact which may
affect the powers, responsibilities, or actions of the interstate commission, the
interstate commission is entitled to receive all service of process in any such
proceeding and has standing to intervene in the proceeding for all purposes.
2. a. The compacting states shall report to the interstate commission on issues or
activities of concern to them and cooperate with and support the interstate
commission in the discharge of its duties and responsibilities.
b. The interstate commission shall attempt to resolve any dispute or other issues
that are subject to the compact and which may arise among compacting states
and noncompacting states. The interstate commission shall adopt a bylaw or rule
providing for both mediation and binding dispute resolution for disputes among
the compacting states.
3. The interstate commission, in the reasonable exercise of its discretion, shall enforce
this compact using any or all means set forth in subsection 2 of article 12 of this
compact.
ARTICLE X - FINANCE
1. The interstate commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The interstate commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the
interstate commission and its staff, which must be in a total amount sufficient to cover
the interstate commission's annual budget as approved each year. The aggregate
annual assessment amount must be allocated based upon a formula to be determined
by the interstate commission, taking into consideration the population of the state and
the volume of interstate movement of offenders in each compacting state. The
interstate commission shall adopt a rule binding upon all compacting states which
governs the assessment.
3. The interstate commission may not incur any obligation of any kind before securing the
funds adequate to meet the obligation, nor may the interstate commission pledge the
credit of any of the compacting states, except by and with the authority of the
compacting state.
4. The interstate commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the interstate commission are
subject to the audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the interstate commission must be
audited yearly by a certified or licensed public accountant and the report of the audit
must be included in and become part of the annual report of the interstate commission.
5. a. The interstate compact for adult offender supervision fund is established as a
special fund in the state treasury. The fund consists of moneys appropriated for
the purpose of meeting financial obligations imposed on the state as a result of
the state's participation in this compact.
b. An assessment levied or any other financial obligation imposed under this
compact is effective against the state only to the extent that moneys to pay the
assessment or meet the financial obligation have been appropriated and
deposited in the fund established in subdivision a.
ARTICLE XI - COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
1. Any state is eligible to become a compacting state.
2. The compact becomes effective and binding upon legislative enactment of the
compact into law by thirty-five or more states. The initial effective date is the later of
August 1, 2001, or upon enactment into law by the thirty-fifth state. Thereafter, the
compact becomes effective and binding, as to any other compacting state, upon
enactment of the compact into law by that state. The governors of noncompacting
states or their designees may be invited to participate in interstate commission
activities on a nonvoting basis before adoption of the compact by all states.
3. Amendments to the compact may be proposed by the interstate commission for
enactment by the compacting states. No amendment becomes effective and binding
upon the interstate commission and the compacting states until it is enacted into law
by unanimous consent of the compacting states.
ARTICLE XII - WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
1. a. Once effective, the compact continues in force and remains binding upon every
compacting state, but a compacting state may withdraw from the compact by
repealing the statute resolution that enacted the compact into law. The effective
date of withdrawal is the effective date of the repeal.
b. The withdrawing state shall notify the chairman of the interstate commission in
writing upon the introduction of legislation repealing this compact in the
withdrawing state. The interstate commission shall notify the other compacting
states of the withdrawing state's intent to withdraw within sixty days of receipt of
the notice.
c. The withdrawing state is responsible for all assessments, obligations, and
liabilities of that state incurred through the effective date of withdrawal, including
any obligations, the performance of which extend beyond the effective date of
withdrawal.
d. Reinstatement following withdrawal of any compacting state occurs upon the
withdrawing state re-enacting the compact or upon a later date as determined by
the interstate commission.
2. a. If the interstate commission determines that any compacting state has at any time
defaulted in the performance of any of its obligations or responsibilities under this
compact or the bylaws or rules of the interstate commission, the interstate
commission may impose any one or more of the following penalties:
(1) Fines, fees, and costs in amounts as are deemed to be reasonable as fixed
by the interstate commission.
(2) Remedial training and technical assistance as directed by the interstate
commission.
(3) Suspension and termination of membership in the compact. Suspension
may be imposed only after all other reasonable means of securing
compliance under the bylaws and rules have been exhausted. Immediate
notice of suspension must be given by the interstate commission to the
governor, the chief justice, or chief judicial officer of the defaulting state, the
majority and minority leaders of the defaulting state's legislative assembly,
and the state council.
b. The grounds for default include failure of a compacting state to perform
obligations or responsibilities imposed upon it by this compact or the interstate
commission bylaws or rules. The interstate commission shall immediately notify
the defaulting state in writing of the penalty imposed by the interstate commission
on the defaulting state pending a cure of the default. The interstate commission
shall stipulate the conditions and the time period within which the defaulting state
must cure its default. If the defaulting state fails to cure the default within the time
period specified by the interstate commission, in addition to any other penalties
imposed, the defaulting state may be terminated from the compact upon an
affirmative vote of a majority of the compacting states and all rights, privileges,
and benefits conferred by this compact must be terminated from the effective
date of suspension. Within sixty days of the effective date of termination of a
defaulting state, the interstate commission shall notify the governor, the chief
justice, or chief judicial officer of the defaulting state, the majority and minority
leaders of the defaulting state's legislative assembly, and the state council of the
termination.
c. The defaulting state is responsible for all assessments, obligations, and liabilities
of that state incurred through the effective date of termination, including any
obligations, the performance of which extend beyond the effective date of
termination.
d. The interstate commission does not bear any costs relating to the defaulting state
unless otherwise mutually agreed upon between the interstate commission and
the defaulting state. Reinstatement following termination of any compacting state
requires both a re-enactment of the compact by the defaulting state and the
approval of the interstate commission pursuant to the rules.
3. The interstate commission, by majority vote of the members, may initiate legal action
in the United States district court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district court where the interstate commission has
its principal office to enforce compliance with the compact, its rules, or bylaws against
any compacting state in default. In the event judicial enforcement is necessary, the
prevailing party must be awarded all costs of the litigation, including reasonable
attorney's fees.
4. a. The compact dissolves effective upon the date of the withdrawal or default of the
compacting state which reduces membership in the compact to one compacting
state.
b. Upon the dissolution of this compact, the compact becomes void and the
business and affairs of the interstate commission must be concluded and any
surplus funds must be distributed in accordance with the bylaws.
ARTICLE XIII - BINDING EFFECT OF COMPACT AND OTHER LAWS
1. a. This compact does not prevent the enforcement of any other law of a compacting
state which is consistent with this compact.
b. The laws of the state, other than the Constitution of North Dakota, which conflict
with this compact are superseded to the extent of the conflict.
2. a. All lawful actions of the interstate commission, including all rules and bylaws
adopted by the interstate commission, are binding upon the state unless contrary
to the Constitution of North Dakota.
b. All agreements between the interstate commission and the compacting states are
binding in accordance with their terms.
c. Upon the request of a party to a conflict over meaning or interpretation of
interstate commission actions, and upon a majority vote of the compacting states,
the interstate commission may issue advisory opinions regarding the meaning or
interpretation.
d. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislative assembly of any compacting state, the obligations,
duties, powers, or jurisdiction sought to be conferred by the provision upon the
interstate commission are ineffective and the obligations, duties, powers, or
jurisdiction remain in the compacting state and must be exercised by the agency
to which the obligations, duties, powers, or jurisdiction are delegated by law in
effect at the time this compact becomes effective.
3. The state is bound by the bylaws and rules adopted under this compact only to the
extent that the operation of the bylaws and rules does not impose an obligation
exceeding any limitation on state power or authority contained in the Constitution of
North Dakota as interpreted by the courts of this state.