School Psychologist Interstate Licensure Compact

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0340*

HOUSE BILL 340
F5 6lr1170
HB 959/25 – W&M CF SB 238
By: Delegates Mireku –North, Acevero, Addison, Amprey, Conaway, Feldmark,
Forbes, Guyton, Harrison, Hornberger, Hutchinson, Kaufman, Lehman,
Lewis, Miller, Moreno, Pasteur, Phillips, Queen, Reilly, Roberson, Ruff,
Ruth, Taylor, and Wims
Introduced and read first time: January 19, 2026
Assigned to: Ways and Means
Committee Report: Favorable
House action: Adopted
Read second time: February 22, 2026

CHAPTER ______

AN ACT concerning 1

School Psychologist Interstate Licensure Compact 2

FOR the purpose of entering into the School Psychologist Interstate Licensure Compact for 3
the purpose of authorizing licensed school psychologists who hold multistate licenses 4
to provide school psychological services in member states; establishing requirements 5
for multistate licensure; establishing the School Psychologist Interstate Licensure 6
Compact Commission; providing for the withdrawal from the Compact; and generally 7
relating to the School Psychologist Interstate Licensure Compact. 8

BY adding to 9
Article – Education 10
Section 25–401 and 25 –402 to be under the new subtitle “Subtitle 4. School 11
Psychologist Interstate Licensure Compact” 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Education 17

SUBTITLE 4. SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT. 18
2 HOUSE BILL 340

25–401. 1

THE SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT IS HEREBY 2
ENACTED INTO LAW AND ENTERED INTO LAW BY THIS STATE WITH ALL STATES 3
LEGALLY JOINING IT, IN THE FORM SUBSTANTIALLY AS IT APPEARS IN § 25–402 OF 4
THIS SUBTITLE. 5

25–402. 6

SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT. 7

SECTION 1. PURPOSE. 8

THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INTERSTATE 9
PRACTICE OF SCHOOL PSYCHOLOGY IN EDUCATIONAL OR SCHOOL SETTINGS, AND 10
IN SO DOING TO IMPRO VE THE AVAILABILITY OF SCHOOL PSYCHOLOGICAL 11
SERVICES TO THE PUBLIC. THIS COMPACT IS INTENDED TO ESTABLISH A PATHWAY 12
TO ALLOW SCHOOL PSYCHOLOGISTS TO OBTA IN EQUIVALENT LICENS ES TO 13
PROVIDE SCHOOL PSYCHOLOGICAL SERVICES IN ANY MEMBER STATE. IN THIS 14
WAY, THIS COMPACT SHALL ENABLE THE MEMBER STATES TO ENSURE THAT SAFE 15
AND EFFECTIVE SCHOOL PSYCHOLOGICAL SERVICES ARE AVAILABL E AND 16
DELIVERED BY APPROPR IATELY QUALIFIED PRO FESSIONALS IN THEIR 17
EDUCATIONAL SETTINGS. 18

TO FACILITATE THE OBJECTIVES DESCRIBED ABOVE, THIS COMPACT: 19

A. ENABLES SCHOOL PSYCHOLOGISTS WHO QUALIFY FOR RECEIPT OF AN 20
EQUIVALENT LICENSE TO PRACTICE I N OTHER MEMBER STATES WITHOUT FIRST 21
SATISFYING BURDENSOME AND DUPLICATIVE REQUIREMENTS; 22

B. PROMOTES THE MOBILITY OF SCHOOL PSYCHOLOGISTS BETWEEN AND 23
AMONG THE MEMBER STATES IN ORDER TO ADDRESS WORKFORCE SHORTAGES AND 24
TO ENSURE THAT SAFE AND RELIABLE SCHOOL PSYCHOLOGICAL SERVICES ARE 25
AVAILABLE IN EACH MEMBER STATE; 26

C. ENHANCES THE PUBLIC A CCESSIBILITY OF SCHOOL PSYCHOLOGICAL 27
SERVICES BY INCREASIN G THE AVAILABILITY O F QUALIFIED , LICENSED SCHOOL 28
PSYCHOLOGISTS T HROUGH THE ESTABLISH MENT OF AN EFFICIENT AND 29
STREAMLINED PATHWAY FOR LICENSEES TO PRACTICE IN OTHER MEMBER STATES; 30

D. PRESERVES AND RESPECTS THE AUTHORITY OF EACH MEMBER STATE 31
TO PROTECT THE HEALTH AND SAFETY OF ITS RESIDENTS BY ENSURING THAT ONLY 32
HOUSE BILL 340 3

QUALIFIED, LICENSED PROFESSIONA LS ARE AUTHORIZED TO PROVIDE SCHOOL 1
PSYCHOLOGICAL SERVICES WITHIN THAT STATE; 2

E. REQUIRES SCHOOL PSYCHOLOGISTS PRACTICING WITHIN A MEMBER 3
STATE TO COMPLY WITH THE SCOPE OF PRACTICE LAWS PRESENT IN THE STATE 4
WHERE THE SCHOOL PSYCHOLOGICAL SERVICES ARE BEING PROVIDED; 5

F. PROMOTES COOPERATION BETWEEN THE MEMBER STATES IN 6
REGULATING THE PRACTICE OF SCHOOL PSYCHOLOGY WITHIN THOSE STATES; AND 7

G. FACILITATES THE RELOC ATION OF MILITARY ME MBERS AND THEIR 8
SPOUSES WHO ARE LICENSED TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 9

SECTION 2. DEFINITIONS. 10

A. “ACTIVE MILITARY MEMBER” MEANS ANY PERSON WIT H FULL –TIME 11
DUTY STATUS IN THE A RMED FORCES OF THE UNITED STATES, INCLUDING 12
MEMBERS OF THE NATIONAL GUARD AND RESERVE. 13

B. “ADVERSE ACTION” MEANS DISCIPLINARY ACTION OR ENCUMBRANCE 14
IMPOSED ON A LICENSE BY A STATE LICENSING AUTHORITY. 15

C. “ALTERNATIVE PROGRAM” MEANS A NON –DISCIPLINARY, 16
PROSECUTORIAL DIVERSION, MONITORING, OR PRACTICE REMEDIAT ION PROCESS 17
ENTERED INTO IN LIEU OF AN ADVERSE ACTION WHICH IS APPLICABLE TO A 18
SCHOOL PSYCHOLOGIST AND APPROVED BY THE STATE LICENSING AUTHORITY OF 19
A MEMBER STATE IN WHICH THE PA RTICIPATING SCHOOL PSYCHOLOGIST IS 20
LICENSED. THIS INCLUDES , BUT IS NOT LIMITED T O, PROGRAMS TO WHICH 21
LICENSEES WITH SUBSTANCE ABUSE OR ADDICTION ISSUES MAY BE REFERRED IN 22
LIEU OF AN ADVERSE ACTION. 23

D. “COMMISSIONER” MEANS THE INDIVIDUAL APPOINTED BY A MEMBER 24
STATE TO SERVE AS THE REPRESENTATIVE TO TH E COMMISSION FOR THAT 25
MEMBER STATE. 26

E. “COMPACT” MEANS THIS SCHOOL PSYCHOLOGIST INTERSTATE 27
LICENSURE COMPACT. 28

F. “CONTINUING PROFESSIONAL EDUCATION” MEANS A REQUIREMENT , 29
IMPOSED BY A MEMBER STATE AS A CONDITION OF LICENSE RENEWAL, TO PROVIDE 30
EVIDENCE OF SUCCESSF UL PARTICIPATION IN PROFESSIONAL EDUCATI ONAL 31
ACTIVITIES RELEVANT TO THE PROVISION OF SCHOOL PSYCHOLOGICAL SERVICES. 32

4 HOUSE BILL 340

G. “CRIMINAL BACKGROUND CHECK” MEANS THE SUBMISSION OF 1
FINGERPRINTS OR OTHE R BIOMETRIC INFORMAT ION FOR A LICENSE APPLICANT 2
FOR THE PURPOSE OF O BTAINING THAT APPLICANT’S CRIMINAL HISTORY RECORD 3
INFORMATION, AS DEF INED IN 28 C.F.R. § 20.3(D), AND THE STATE’S CRIMINAL 4
HISTORY RECORD REPOSITORY AS DEFINED IN 28 C.F.R. § 20.3(F). 5

H. “DOCTORAL LEVEL DEGREE” MEANS A GRADUATE DEG REE PROGRAM 6
THAT CONSISTS OF AT LEAST 90 GRADUATE SEMESTER HO URS IN THE FIELD OF 7
SCHOOL PSYCHOLOGY, INCLUDING A SUPERVISED INTERNSHIP. 8

I. “ENCUMBERED LICENSE” MEANS A LICENSE THAT A STATE LICENSING 9
AUTHORITY HAS LIMITED IN ANY WAY OTHER THA N THROUGH AN ALTERNATIVE 10
PROGRAM, INCLUDING TEMPORARY OR PROVISIONAL LICENSES. 11

J. “EXECUTIVE COMMITTEE” MEANS THE COMMISSION’S CHAIR, VICE 12
CHAIR, SECRETARY AND TREASURER AND ANY OTHER COMMISSIONERS AS MAY BE 13
DETERMINED BY COMMISSION RULE OR BYLAW. 14

K. “EQUIVALENT LICENSE” MEANS A LICENSE TO P RACTICE SCHOOL 15
PSYCHOLOGY THAT A MEMBER STATE HAS IDENTIFIED AS A LICENSE THAT MAY BE 16
PROVIDED TO SCHOOL PSYCHOLOGISTS FROM OTHER MEMBER STATES PURSUANT 17
TO THIS COMPACT. 18

L. “HOME STATE” MEANS THE MEMBER STATE THAT ISSUED THE HOME 19
STATE LICENSE TO THE LICENSEE AND IS THE LICENSEE’S PRIMARY STATE OF 20
PRACTICE. 21

M. “HOME STATE LICENSE” MEANS THE LICENSE THAT IS NOT A N 22
ENCUMBERED LICENSE ISSUED BY THE HOME STATE TO PROVIDE SCHOOL 23
PSYCHOLOGICAL SERVICES. 24

N. “LICENSE” MEANS A CURRENT LICE NSE, CERTIFICATION, OR OTHER 25
AUTHORIZATION GRANTED BY A MEMBER STATE’S LICENSING AUTHORITY THAT 26
PERMITS AN INDIVIDUAL TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 27

O. “LICENSEE” MEANS AN INDIVIDUAL WHO HOLDS A LICENSE FROM A 28
MEMBER STATE TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 29

P. “MEMBER STATE” MEANS A STATE THAT HAS ENACTED THE COMPACT 30
AND BEEN ADMITTED TO THE COMMISSION IN ACCORDANCE WITH THE PROVISIONS 31
HEREIN AND COMMISSION RULES. 32

HOUSE BILL 340 5

Q. “MODEL COMPACT” MEANS THE MODEL LANG UAGE FOR THE SCHOOL 1
PSYCHOLOGIST INTERSTATE LICENSURE COMPACT ON FILE WITH THE COUNCIL OF 2
STATE GOVERNMENTS OR OTHER ENTITY AS DESIGNATED BY THE COMMISSION. 3

R. “PRACTICE OF SCHOOL PSYCHOLOGY” MEANS THE DELIVERY OF 4
SCHOOL PSYCHOLOGICAL SERVICES. 5

S. “QUALIFYING NATIONAL EXAM” MEANS A NATIONAL LIC ENSING 6
EXAMINATION ENDORSED BY THE NATIONAL ASSOCIATION OF SCHOOL 7
PSYCHOLOGISTS AND ANY OTHER E XAM AS APPROVED BY T HE RULES OF THE 8
COMMISSION. 9

T. “QUALIFYING SCHOOL PSYCHOLOGIST EDUCATION PROGRAM” MEANS 10
AN EDUCATION PROGRAM THAT AWARDS A SPECIALIST–LEVEL OR 11
DOCTORAL–LEVEL DEGREE OR EQUIVALENT UPON COMPLETION AND IS APPROVED 12
BY THE RULES OF THE COMMISSION AS MEETING THE NECESSARY MINIMU M 13
EDUCATIONAL STANDARD S TO ENSURE THAT ITS GRADUATES ARE READY , 14
QUALIFIED, AND ABLE TO ENGAGE IN THE PRACTICE OF SCHOOL PSYCHOLOGY. 15

U. “REMOTE STATE” MEANS A MEMBER STATE OTHER THAN THE HOME 16
STATE WHERE A LICENSEE HOLDS A LICENSE THROUGH THE COMPACT. 17

V. “RULE” MEANS A REGULATION P ROMULGATED BY AN ENT ITY, 18
INCLUDING BUT NOT LI MITED TO THE COMMISSION AND THE STATE LICENSING 19
AUTHORITY OF EACH MEMBER STATE, THAT HAS THE FORCE OF LAW. 20

W. “SCHOOL PSYCHOLOGICAL SERVICES” MEANS ACADEMIC , MENTAL, 21
AND BEHAVIORAL HEALT H SERVICES , INCLUDING ASSESSMENT , PREVENTION, 22
CONSULTATION AND COL LABORATION, INTERVENTION, AND EVALUATION , 23
PROVIDED BY A SCHOOL PSYCHOLOGIST IN A SCHOOL AS OUTLINED IN APPLICABLE 24
PROFESSIONAL STANDARDS AS DETERMINED BY COMMISSION RULE. 25

X. “SCHOOL PSYCHOLOGIST” MEANS AN INDIVIDUAL WHO HAS MET THE 26
REQUIREMENTS TO OBTAIN A HOME STATE LICENSE THAT LEGALLY CONVEYS THE 27
PROFESSIONAL TITLE O F SCHOOL PSYCHOLOGIST, OR ITS EQUIVALENT AS 28
DETERMINED BY THE RULES OF THE COMMISSION. 29

Y. “SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT 30
COMMISSION” OR “COMMISSION” MEANS THE JOINT GOVE RNMENT AGENCY 31
ESTABLISHED BY THIS COMPACT WHOSE MEMBERS HIP CONSISTS OF 32
REPRESENTATIVES FROM EACH MEMBER STATE THAT HAS ENAC TED THE 33
COMPACT, AND AS FURTHER DESCRIBED IN SECTION 7. 34

6 HOUSE BILL 340

Z. “SCOPE OF PRACTICE” MEANS THE PROCEDURES , ACTIONS, AND 1
PROCESSES A SCHOOL PSYCHOLOGIST LICENSED IN A STATE IS PERMITTED TO 2
UNDERTAKE IN THAT STATE AND THE CIRCUMS TANCES UNDER WHICH T HAT 3
LICENSEE IS PERMITTED TO UNDERTAKE THOSE P ROCEDURES, ACTIONS, AND 4
PROCESSES. SUCH PROCEDURES , ACTIONS, AND PROCESSES , AND THE 5
CIRCUMSTANCES UNDER WHICH THEY MAY BE UNDERTAKEN, MAY BE ESTABLISHED 6
THROUGH MEANS INCLUDING, BUT NOT LIMITED TO, STATUTE, REGULATIONS, CASE 7
LAW, AND OTHER PROCESSES AVAILABLE TO THE STATE LICENSING AUTHORITY OR 8
OTHER GOVERNMENT AGENCY. 9

AA. “SPECIALIST–LEVEL DEGREE” MEANS A DEGREE PROGR AM THAT 10
REQUIRES AT LEAST 60 GRADUATE SEMESTER HOURS OR EQUIVALENT IN THE FIELD 11
OF SCHOOL PSYCHOLOGY INCLUDING A SUPERVISED INTERNSHIP. 12

BB. “STATE” MEANS ANY STATE , COMMONWEALTH, DISTRICT, OR 13
TERRITORY OF THE UNITED STATES OF AMERICA. 14

CC. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S 15
REGULATORY BODY RESP ONSIBLE FOR ISSUING LICENSES OR OTHERWISE 16
OVERSEEING THE PRACTICE OF SCHOOL PSYCHOLOGY. 17

DD. “STATE SPECIFIC REQUIREMENT” MEANS A REQUIREMENT FOR 18
LICENSURE COVERED IN COURSEWORK OR EXAMINATION THAT INCLUDES CONTENT 19
OF UNIQUE INTEREST TO THE STATE. 20

EE. “UNENCUMBERED LICENSE” MEANS A LICENSE THAT AUTHORIZ ES A 21
LICENSEE TO ENGAGE IN THE FULL AND UNRESTR ICTED PRACTICE OF SCHOOL 22
PSYCHOLOGY. 23

SECTION 3. STATE PARTICIPATION IN THE COMPACT. 24

A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTAIN 25
ELIGIBILITY AS A MEMBER STATE, A STATE MUST: 26

1. ENACT A COMPACT STATU TE THAT IS NOT MATER IALLY 27
DIFFERENT FROM THE MODEL COMPACT AS DEFINED IN THE COMMISSION’S 28
RULES; 29

2. PARTICIPATE IN THE SH ARING OF INFORMATION WITH OTHER 30
MEMBER STATES AS REASONABLY NECESSARY TO ACCOMPL ISH THE OBJECTIVES 31
OF THIS COMPACT, AND AS FURTHER DEFINED IN SECTION 8; 32

HOUSE BILL 340 7

3. IDENTIFY AND MAINTAIN WITH THE COMMISSION A LIST OF 1
EQUIVALENT LICENSES AVAILABLE TO LICENSEES WHO HOLD A HOME STATE 2
LICENSE UNDER THIS COMPACT; 3

4. HAVE A MECHANISM IN P LACE FOR RECEIVING A ND 4
INVESTIGATING COMPLAINTS ABOUT LICENSEES; 5

5. NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF 6
THE COMPACT AND THE COMMISSION’S RULES, OF ANY ADVERSE ACTION TAKEN 7
AGAINST A LICENSEE, OR OF THE AVAILABILI TY OF INVESTIGATIVE INFORMATION 8
THAT RELATES TO A LICENSEE OR APPLICANT FOR LICENSURE; 9

6. REQUIRE THAT APPLICANTS FOR A HOME STATE LICENSE HAVE: 10

A. TAKEN AND PASSED A QUALIFYING NATIONAL EXAM AS 11
DEFINED BY THE RULES OF THE COMMISSION; 12

B. COMPLETED A MINIMUM O F 1200 HOURS OF SUPERVISED 13
INTERNSHIP, OF WHICH AT LEAST 600 MUST HAVE BEEN COMPLETED IN A SCHOOL, 14
PRIOR TO BEING APPROVED FOR LICENSURE; AND 15

C. GRADUATED FROM A QUALIFYING SCHOOL PSYCHOLOGIST 16
EDUCATION PROGRAM; AND 17

7. COMPLY WITH THE TERMS OF THIS COMPACT AND THE RULES OF 18
THE COMMISSION. 19

B. EACH MEMBER STATE SHALL GRANT AN EQUIVALENT LICENSE TO 20
PRACTICE SCHOOL PSYCHOLOGY IN THAT ST ATE UPON APPLICATION BY A 21
LICENSEE WHO SATISFIES THE CRITERIA OF SECTION 4.A. EACH MEMBER STATE 22
SHALL GRANT RENEWAL OF THE EQUIVALENT LICENSE TO A LICENSEE WHO 23
SATISFIES THE CRITERIA OF SECTION 4.B. 24

C. MEMBER STATES MAY SET AND CO LLECT A FEE FOR GRAN TING AN 25
EQUIVALENT LICENSE. 26

SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT. 27

A. TO OBTAIN AND MAINTAIN AN EQUIVALENT LICENSE FROM A REMOTE 28
STATE UNDER THIS COMPACT, A LICENSEE MUST: 29

1. HOLD AND MAINTAIN AN ACTIVE HOME STATE LICENSE; 30

8 HOUSE BILL 340

2. SATISFY ANY APPLICABL E STATE SPECIFIC REQUIREMENTS 1
ESTABLISHED BY THE MEMBER STATE AFTER AN EQUIVALENT LICENSE IS 2
GRANTED; 3

3. COMPLETE ANY ADMINIST RATIVE OR APPLICATIO N 4
REQUIREMENTS WHICH THE COMMISSION MAY ESTABLISH BY RULE, AND PAY ANY 5
ASSOCIATED FEES; AND 6

4. COMPLETE ANY REQUIREM ENTS FOR RENEWAL IN THE HOME 7
STATE, INCLUDING APPLICABLE CONTINUING PROFESSIONAL EDUCATION 8
REQUIREMENTS. 9

5. UPON THEIR APPLICATIO N TO RECEIVE A LICEN SE UNDER THIS 10
COMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE MEMBER STATE IN 11
WHICH THE EQUIVALENT LICENSE IS SOUGHT IN ACCORDANCE WITH THE LAWS AND 12
REGULATIONS OF SUCH MEMBER STATE. 13

B. TO RENEW AN EQUIVALENT LICENSE IN A MEMBER STATE OTHER THAN 14
THE HOME STATE, A LICENSEE MUST ONLY AP PLY FOR RENEWAL, COMPLETE A 15
BACKGROUND CHECK, AND PAY RENEWAL FEES AS DETERMINED BY THE LICENSING 16
AUTHORITY. 17

SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES. 18

A LICENSEE WHO IS AN ACTIVE MILITARY MEMBER OR IS THE SPOUSE OF AN 19
ACTIVE MILITARY MEMBER SHALL BE DEEMED TO HOLD A HOME STATE LICENSE 20
IN ANY OF THE FOLLOWING LOCATIONS: 21

A. THE LICENSEE’S PERMANENT RESIDENCE; 22

B. A MEMBER STATE THAT IS THE LICENSEE’S PRIMARY STATE OF 23
PRACTICE; AND 24

C. A MEMBER STATE WHERE THE LICENSEE HAS RELOCATED PURSUANT 25
TO A PERMANENT CHANGE OF STATION (PCS). 26

SECTION 6. DISCIPLINE/ADVERSE ACTIONS. 27

A. NOTHING IN THIS COMPACT SHALL BE DEEM ED OR CONSTRUED TO 28
LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR IMPOSE 29
DISCIPLINARY MEASURE S ON LICENSEES ACCORDING T O THE STATE PRACTICE 30
LAWS THEREOF. 31

HOUSE BILL 340 9

B. MEMBER STATES SHALL BE AUTHO RIZED TO RECEIVE , AND SHALL 1
PROVIDE, FILES AND INFORMATIO N REGARDING THE INVE STIGATION AND 2
DISCIPLINE, IF ANY, OF LICENSEES IN OTHER MEMBER STATES UPON REQUEST . 3
ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES SHALL PROTECT 4
AND MAINTAIN THE SEC URITY AND CONFIDENTIALITY THEREOF, IN AT LEAST THE 5
SAME MANNER THAT IT MAINTAINS ITS OWN IN VESTIGATORY OR DISCI PLINARY 6
FILES AND INFORMATIO N. PRIOR TO DISCLOSING A NY DISCIPLINARY OR 7
INVESTIGATORY INFORMATION RECEIVED FROM ANOTHE R MEMBER STATE, THE 8
DISCLOSING STATE SHALL COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH 9
DISCLOSURE TO THE MEMBER STATE WHICH ORIGINALL Y PROVIDED THAT 10
INFORMATION. 11

SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE 12
LICENSURE COMPACT COMMISSION. 13

A. THE MEMBER STATES HEREBY CREATE AND ESTABLISH A JOIN T 14
GOVERNMENT AGENCY WH OSE MEMBERSHIP CONSI STS OF ALL MEMBER STATES 15
THAT HAVE ENACTED TH E COMPACT, AND THIS AGENCY SHAL L BE KNOWN AS THE 16
SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT COMMISSION. THE 17
COMMISSION IS AN INST RUMENTALITY OF THE MEMBER STATES ACTING JOINTLY 18
AND NOT AN INSTRUMENTALITY OF ANY ONE STATE. THE COMMISSION SHALL COME 19
INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET 20
FORTH IN SECTION 11. 21

B. MEMBERSHIP, VOTING, AND MEETINGS. 22

1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) 23
COMMISSIONER SELECTED BY THAT MEMBER STATE’S STATE LICENSING 24
AUTHORITY. 25

2. THE COMMISSIONER SHALL BE THE PRIMARY ADMINIST RATIVE 26
OFFICER OF THE MEMBER STATE LICENSING AUTHORITY OR THEIR DESIGNEE WHO 27
IS AN EMPLOYEE OF THE MEMBER STATE LICENSING AUTHORITY. 28

3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A TERM 29
OF OFFICE FOR COMMISSIONERS AND MAY BY RULE OR BYLAW ESTABLI SH TERM 30
LIMITS. 31

4. THE COMMISSION MAY RECOMMEND REMOVA L OR SUSPENSION 32
OF ANY COMMISSIONER FROM OFFICE. 33

10 HOUSE BILL 340

5. A MEMBER STATE’S LICENSING AUTHORITY SHALL FILL ANY 1
VACANCY OF ITS COMMISSIONER OCCURRING ON THE COMMISSION WITHIN 60 DAYS 2
OF THE VACANCY. 3

6. EACH COMMISSIONER SHALL BE ENTITLED TO ONE VOTE ON ALL 4
MATTERS BEFORE THE COMMISSION REQUIRING A VOTE BY COMMISSION 5
COMMISSIONERS. 6

7. A COMMISSIONER SHALL VO TE IN PERSON OR BY S UCH OTHER 7
MEANS AS PROVIDED IN THE BYLAWS . THE BYLAWS MAY PROVID E FOR 8
COMMISSIONERS TO MEET BY TELECOMMUNICATIO N, VIDEO CONFERENCE , OR 9
OTHER MEANS OF COMMUNICATION. 10

8. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 11
CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 12
BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 13
CONFERENCE OR OTHER SIMILAR ELECTRONIC MEANS. 14

C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS: 15

1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 16

2. ESTABLISH CODE OF CON DUCT AND CONFLICT OF INTEREST 17
POLICIES; 18

3. ESTABLISH AND AMEND RULES AND BYLAWS; 19

4. ESTABLISH THE PROCEDURE THROUGH WHICH A LICENSEE MAY 20
CHANGE THEIR HOME STATE; 21

5. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 22
BYLAWS; 23

6. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 24
PROVISIONS OF THIS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS; 25

7. INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 26
THE NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY MEMBER 27
STATE LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY 28
NOT BE AFFECTED; 29

HOUSE BILL 340 11

8. MAINTAIN AND CERTIFY RECORDS AND INFORMATION PROVIDED 1
TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 2
COMMISSION, AND DESIGNATE AN AGENT TO DO SO ON THE COMMISSION’S BEHALF; 3

9. PURCHASE AND MAINTAIN INSURANCE AND BONDS; 4

10. BORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, 5
INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE; 6

11. CONDUCT AN ANNUAL FINANCIAL REVIEW; 7

12. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 8
COMPENSATION, DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 9
AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND ESTABLISH THE 10
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF 11
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 12
MATTERS; 13

13. ASSESS AND COLLECT FEES; 14

14. ACCEPT ANY AND ALL APPROPRIATE GIFTS, DONATIONS, GRANTS 15
OF MONEY, OTHER SOURCES OF REVENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 16
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED THAT AT 17
ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY 18
AND/OR CONFLICT OF INTEREST; 19

15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 20
PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INTEREST THEREIN; 21

16. SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, 22
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED; 23

17. ESTABLISH A BUDGET AND MAKE EXPENDITURES; 24

18. BORROW MONEY; 25

19. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 26
COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 27
REPRESENTATIVES, AND CONSU MER REPRESENTATIVES , AND SUCH OTHER 28
INTERESTED PERSONS AS MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAWS; 29

20. PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 30
WITH, LAW ENFORCEMENT AGENCIES; 31
12 HOUSE BILL 340

21. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING 1
A CHAIR AND A VICE CHAIR; 2

22. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S 3
MATERIALLY DIFFERENT FROM THE MODEL COMPA CT LANGUAGE SUCH THA T THE 4
STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE COMPACT; AND 5

23. PERFORM SUCH OTHER FU NCTIONS AS MAY BE NECESSARY OR 6
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT. 7

D. THE EXECUTIVE COMMITTEE. 8

1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 9
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 10
POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL 11
INCLUDE: 12

A. OVERSEE THE DAY –TO–DAY ACTIVITIES OF TH E 13
ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND COMPLIANCE 14
WITH THE PROVISIONS OF THE COMPACT , ITS RULES AND BYLAWS , AND OTHER 15
SUCH DUTIES AS DEEMED NECESSARY; 16

B. RECOMMEND TO THE COMMISSION CHANGES TO THE 17
RULES OR BYLAWS, CHANGES TO THIS COMPACT LEGISLATION, FEES CHARGED TO 18
MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES; 19

C. ENSURE COMPACT ADMINISTRATIO N SERVICES ARE 20
APPROPRIATELY PROVIDED, INCLUDING BY CONTRACT; 21

D. PREPARE AND RECOMMEND THE BUDGET; 22

E. MAINTAIN FINANCIAL RE CORDS ON BEHALF OF T HE 23
COMMISSION; 24

F. MONITOR COMPACT COMPLIANCE OF MEMBER STATES 25
AND PROVIDE COMPLIANCE REPORTS TO THE COMMISSION; 26

G. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; 27

H. EXERCISE THE POWERS A ND DUTIES OF THE COMMISSION 28
DURING THE INTERIM B ETWEEN COMMISSION MEETINGS, EXCEPT FOR ADOPTING 29
OR AMENDING RULES, ADOPTING OR AMENDING BYLAWS, AND EXERCISING ANY 30
HOUSE BILL 340 13

OTHER POWERS AND DUTIES EXPRESSLY RESERVED TO THE COMMISSION BY RULE 1
OR BYLAW; AND 2

I. OTHER DUTIES AS PROVIDED IN THE RULES OR BYLAWS OF 3
THE COMMISSION. 4

2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO 7 5
MEMBERS: 6

A. THE CHAIR AND VICE CHAIR OF THE COMMISSION SHALL BE 7
VOTING MEMBERS OF THE EXECUTIVE COMMITTEE; AND 8

B. THE COMMISSION SHALL ELECT 5 VOTING MEMBERS FROM 9
THE CURRENT MEMBERSHIP OF THE COMMISSION. 10

3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 11
COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS. 12

4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY. 13

A. EXECUTIVE COMMITTEE MEETINGS SHALL BE OPEN TO THE 14
PUBLIC, EXCEPT THAT THE EXECUTIVE COMMITTEE MAY MEET IN A CLOSED , 15
NON–PUBLIC MEETING AS PROVIDED IN SUBSECTION F.2 BELOW. 16

B. THE EXECUTIVE COMMITTEE SHALL GIVE 30 DAYS’ NOTICE 17
OF ITS MEETINGS , POSTED ON ITS WEBSIT E AND AS DETERMINED TO PROVIDE 18
NOTICE TO PERSONS WITH AN INTEREST IN THE BUSINESS OF THE COMMISSION. 19

C. THE EXECUTIVE COMMITTEE MAY HOLD A SPECIAL 20
MEETING IN ACCORDANCE WITH SUBSECTION F.1.B. BELOW. 21

E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER 22
STATES AN ANNUAL REPORT. 23

F. MEETINGS OF THE COMMISSION. 24

1. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , EXCEPT THAT 25
THE COMMISSION MAY MEET IN A CLOSED, NON–PUBLIC MEETING AS PROVIDED IN 26
SUBSECTION F.2 BELOW. 27

A. PUBLIC NOTICE FOR ALL MEETINGS OF THE FULL 28
COMMISSION SHALL BE G IVEN IN THE SAME MAN NER AS REQUIRED UNDE R THE 29
14 HOUSE BILL 340

RULEMAKING PROVISIONS IN SECTION 9, EXCEPT THAT THE COMMISSION MAY 1
HOLD A SPECIAL MEETING AS PROVIDED IN SUBSECTION F.1.B. BELOW. 2

B. THE COMMISSION MAY HOLD A SPECIAL MEETING WHEN IT 3
MUST MEET TO CONDUCT EMERGENCY BUSINESS BY GIVING 48 HOURS’ NOTICE TO 4
ALL COMMISSIONERS , ON THE COMMISSION’S WEBSITE , AND OTHER MEANS AS 5
PROVIDED IN THE COMMISSION’S RULES. THE COMMISSION’S LEGAL COUNSEL 6
SHALL CERTIFY THAT T HE COMMISSION’S NEED TO MEET QUALI FIES AS AN 7
EMERGENCY. 8

2. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER 9
COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 10
MEETING FOR THE COMMISSION OR EXECUTIVE COMMITTEE OR OTHER 11
COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO DISCUSS: 12

A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS 13
OBLIGATIONS UNDER THE COMPACT; 14

B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER 15
MATTERS, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES; 16

C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY 17
THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY; 18

D. CURRENT, THREATENED, OR REASONABLY ANTICI PATED 19
LITIGATION; 20

E. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, 21
OR SALE OF GOODS, SERVICES, OR REAL ESTATE; 22

F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 23
CENSURING ANY PERSON; 24

G. TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 25
INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL; 26

H. INFORMATION OF A PERS ONAL NATURE WHERE 27
DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F 28
PERSONAL PRIVACY; 29

I. INVESTIGATIVE RECORDS COMPILED FOR LAW 30
ENFORCEMENT PURPOSES; 31

HOUSE BILL 340 15

J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 1
PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION OR OTHER 2
COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 3
DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; 4

K. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY 5
FEDERAL OR MEMBER STATE LAW; OR 6

L. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 7
BY RULE. 8

3. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED , THE 9
PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 10
REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 11
SHALL BE RECORDED IN THE MINUTES. 12

4. THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 13
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 14
FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, 15
INCLUDING A DESCRIPT ION O F THE VIEWS EXPRESSE D. ALL DOCUMENTS 16
CONSIDERED IN CONNEC TION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH 17
MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 18
UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 19
COMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION. 20

G. FINANCING OF THE COMMISSION. 21

1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 22
OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION, AND 23
ONGOING ACTIVITIES. 24

2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE 25
REVENUE SOURCES AS PROVIDED IN C(14). 26

3. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 27
ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES 28
PRACTICING IN THE MEMBER STATES UNDER AN EQUIVALENT LICENSE TO COVER 29
THE COST OF THE OPERATIONS AND A CTIVITIES OF THE COMMISSION AND ITS 30
STAFF, WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL 31
BUDGET AS APPROVED E ACH YEAR FOR WHICH R EVENUE IS NOT PROVID ED BY 32
OTHER SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER 33
STATES SHALL BE ALLOC ATED BASED UPON A FO RMULA THAT THE COMMISSION 34
SHALL PROMULGATE BY RULE. 35
16 HOUSE BILL 340

4. THE COMMISSION MAY NOT INCUR OBLIGATION S OF ANY KIND 1
PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL THE 2
COMMISSION PLEDGE THE CREDIT OF A NY OF THE MEMBER STATES, EXCEPT BY 3
AND WITH THE AUTHORITY OF THE MEMBER STATE. 4

5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 5
RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE 6
COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AN D ACCOUNTING 7
PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . HOWEVER, ALL RECEIPTS AND 8
DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION SHALL BE SUBJECT TO 9
AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC 10
ACCOUNTANT, AND THE REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN 11
AND BECOME PART OF THE ANNUAL REPORT OF THE COMMISSION. 12

H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. 13

1. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES 14
AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM S UIT AND 15
LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 16
FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 17
LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR, 18
OR OMISSION THAT OCC URRED, OR THAT THE PERSON AGAINST W HOM THE CLAIM 19
IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE 20
OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 21
NOTHING IN THIS PARA GRAPH SHALL BE CONST RUED TO PROTECT ANY SUCH 22
PERSON FROM SUIT OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY 23
CAUSED BY THE INTENT IONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT 24
PERSON. THE PROCUREMENT OF IN SURANCE OF ANY TYPE BY THE COMMISSION 25
MAY NOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED HEREUNDER. 26

2. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 27
EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF THE COMMISSION IN 28
ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR 29
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCOPE OF 30
COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES, OR AS DETERMINED BY 31
THE COMMISSION THAT THE P ERSON AGAINST WHOM T HE CLAIM IS MADE HAD A 32
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 33
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIB ILITIES, PROVIDED THAT 34
NOTHING HEREIN SHALL BE CONSTRUED TO PROH IBIT THAT PERSON FRO M 35
RETAINING THEIR OWN COUNSEL AT THEIR OWN EXPENSE, AND PROVIDED 36
FURTHER, THAT THE ACTUAL OR A LLEGED ACT , ERROR, OR OMISSION DID NOT 37
HOUSE BILL 340 17

RESULT FROM THAT PER SON’S INTENTIONAL O R WILLFUL OR WANTON 1
MISCONDUCT. 2

3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARML ESS ANY 3
MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE O F 4
THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED 5
AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR 6
OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 7
DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BAS IS 8
FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 9
DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 10
ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL O R 11
WANTON MISCONDUCT OF THAT PERSON. 12

4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 13
THE LIABILITY OF ANY LICENSEE F OR PROFESSIONAL MALP RACTICE OR 14
MISCONDUCT, WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 15
STATE LAWS. 16

5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 17
OR OTHERWISE ABROGATE A MEMBER STATE’S STATE ACTION IMMUNITY OR STATE 18
ACTION AFFIRMATIVE DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE 19
SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL ANTITRUST OR 20
ANTICOMPETITIVE LAW OR REGULATION. 21

6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 22
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE 23
COMMISSION. 24

SECTION 8. FACILITATING INFORMATION EXCHANGE. 25

A. THE COMMISSION SHALL PROVIDE FOR FACILITATING THE EXCHANGE 26
OF INFORMATION TO AD MINISTER AND IMPLEME NT THE PROVISIONS OF THIS 27
COMPACT IN ACCORDANC E WITH THE RULES OF THE COMMISSION, CONSISTENT 28
WITH GENERALLY ACCEPTED DATA PROTECTION PRINCIPLES. 29

B. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE 30
CONTRARY, A MEMBER STATE SHALL AGREE TO PROVIDE FOR THE FACI LITATION 31
OF THE FOLLOWING LICENSEE INFORMATION AS REQUIRED BY THE RULES OF THE 32
COMMISSION, INCLUDING: 33

1. IDENTIFYING INFORMATION; 34

18 HOUSE BILL 340

2. LICENSURE DATA; 1

3. ADVERSE ACTIONS AGAINST A LICENSE AND INFORMATI ON 2
RELATED THERETO; 3

4. NON–CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE 4
PROGRAM PARTICIPATION , THE BEGINNING AND ENDI NG DATES OF SUCH 5
PARTICIPATION, AND OTHER INFORMATION RELATED TO SUCH PARTICIPATION NOT 6
MADE CONFIDENTIAL UNDER MEMBER STATE LAW; 7

5. ANY DENIAL OF APPLICA TION FOR LICENSURE , AND THE 8
REASON(S) FOR SUCH DENIAL; 9

6. THE PRESENCE OF INVESTIGATIVE INFORMATION; AND 10

7. OTHER INFORMATION THA T MAY FACILITATE THE 11
ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 12
DETERMINED BY THE RULES OF THE COMMISSION. 13

C. NOTHING IN THIS COMPA CT SHALL BE DEEMED O R CONSTRUED TO 14
ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND 15
MAINTAIN OWNERSHIP O F ITS LICENSEE INFORMATION OR ALTER , LIMIT, OR 16
INHIBIT THE LAWS OR REGULATIONS GOVERNING LICENSEE INFORMATION IN THE 17
MEMBER STATE. 18

SECTION 9. RULEMAKING. 19

A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS 20
PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS INTERSTATE COMPACT AND THE 21
RULES ADOPTED THEREUN DER. RULES AND AMENDMENTS SHALL BECOME 22
BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT. 23

B. THE COMMISSION SHALL PRO MULGATE REASONABLE RULES TO 24
ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT. IN THE EVENT 25
THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS 26
BEYOND THE PURPOSE AND INTENT O F THIS INTERSTATE CO MPACT, OR THE 27
POWERS GRANTED HEREUNDER, THEN SUCH AN ACTION BY THE COMMISSION 28
SHALL BE INVALID AND HAVE NO FORCE AND EF FECT OF LAW IN THE MEMBER 29
STATES. 30

C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 31
REJECTS A RULE, BY ENACTMENT OF A ST ATUTE OR RESOLUTION IN THE SAME 32
MANNER USED TO ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF 33
HOUSE BILL 340 19

ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND 1
EFFECT IN ANY MEMBER STATE. 2

D. RULES OR AMENDMENTS T O THE RULES SHALL BE ADOPTE D OR 3
RATIFIED AT A REGULA R OR SPECIAL ME ETING OF THE COMMISSION IN 4
ACCORDANCE WITH COMMISSION RULES AND BYLAWS. 5

E. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES 6
BY THE COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF T HE 7
MEETING AT WHICH THE RULE WILL BE CONSIDER ED AND VOT ED UPON , THE 8
COMMISSION SHALL FILE A NOTICE OF PROPOSED RULEMAKING: 9

1. ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 10
ACCESSIBLE PLATFORM; AND 11

2. ON THE WEBSITE OF EAC H MEMBER STATE LICENSING 12
AUTHORITY OR OTHER PUBLICLY ACCESSIBLE PLATFORM OR THE PUBLICATION IN 13
WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES. 14

F. UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 15
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 16
NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 17
RULEMAKING PROCEDURES SHALL BE RETROACTIVELY APPLIED TO THE RULE AS 18
SOON AS REASONABLY P OSSIBLE, IN NO EVENT LATER TH AN NINETY (90) DAYS 19
AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF T HIS 20
PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY 21
IN ORDER TO: 22

1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 23
WELFARE; 24

2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 25

3. MEET A DEADLINE FOR T HE PROMULGATION OF A N 26
ADMINISTRATIVE RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE; OR 27

4. PROTECT PUBLIC HEALTH AND SAFETY. 28

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 29

A. OVERSIGHT. 30

20 HOUSE BILL 340

1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF TH E STATE 1
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE 2
ALL ACTIONS NECESSARY AND APPROPRIATE TO IMPLEMENT THE COMPACT. 3

2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 4
THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 5
COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS 6
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 7
TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 8
DISPUTE RESOLUTION P ROCEEDINGS. NOTHING HEREIN SHALL AFFECT OR LIMIT 9
THE SELECTION OR PROPRIETY OF VENUE IN ANY ACTION AGAINST A LICENSEE FOR 10
PROFESSIONAL MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR MATTER. 11

3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 12
PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 13
INTERPRETATION OF THE COMPACT AND SHALL HAVE STANDING TO INTERVENE IN 14
SUCH A PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE THE COMMISSION 15
SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 16
COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 17

B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 18

1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 19
DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 20
UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL 21
PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 22
SHALL DESCRIBE THE DEFAULT, THE PROPOSED MEANS OF CURING THE DEFAULT, 23
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 24
TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING THE DEFAULT. 25

2. THE COMMISSION SHALL PROV IDE A COPY O F THE NOTICE OF 26
DEFAULT TO THE OTHER MEMBER STATES. 27

C. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING 28
STATE MAY BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF 29
A SUPERMAJORITY OF THE DELEGATES OF THE MEMBER STATES, AND ALL RIGHTS, 30
PRIVILEGES AND BENEFITS CONFERRED ON THAT STATE BY THIS COMPACT MAY BE 31
TERMINATED ON THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT 32
DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES 33
INCURRED DURING THE PERIOD OF DEFAULT. 34

D. TERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE IMPO SED 35
ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 36
HOUSE BILL 340 21

EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 1
THE COMMISSION TO THE GOVERNOR, THE MAJORITY AND MINORITY LEADERS OF 2
THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTING STATE’S LICENSING 3
AUTHORITY, AND EACH OF THE MEMBER STATES’ LICENSING AUTHORITIES. 4

E. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 5
ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 6
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 7
BEYOND THE EFFECTIVE DATE OF TERMINATION. 8

F. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 9
COMPACT, THAT STATE SHALL IMMEDIATELY PROVIDE NOTICE TO ALL LICENSEES 10
WITHIN THAT STATE OF SUCH TERMINA TION. THE TERMINATED STATE SHALL 11
CONTINUE TO RECOGNIZE ALL LICENSES GRANTED PURSUANT TO THIS COMPACT 12
FOR A MINIMUM OF SIX (6) MONTHS AFTER THE DAT E OF SAID NOTICE OF 13
TERMINATION. 14

G. THE COMMISSION MAY NOT BEAR ANY COSTS R ELATED TO A STATE 15
THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 16
COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE 17
DEFAULTING STATE. 18

H. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 19
COMMISSION BY PETITIO NING THE U.S. DISTRICT COURT FOR THE DISTRICT OF 20
COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 21
PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF 22
SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 23

I. DISPUTE RESOLUTION. 24

1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 25
ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 26
MEMBER STATES AND BETWEEN MEMBER AND NON–MEMBER STATES. 27

2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR 28
BOTH MEDIATION AND B INDING DISPUTE RESOLUTION FOR DISPUTES AS 29
APPROPRIATE. 30

J. ENFORCEMENT. 31

1. BY MAJORITY VOTE AS P ROVIDED BY RULE, THE COMMISSION 32
MAY INITIATE LEGAL A CTION AGAINST A MEMBER STATE IN DEFAULT IN T HE 33
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR T HE 34
22 HOUSE BILL 340

FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 1
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 2
PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 3
RELIEF AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE 4
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 5
INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN MAY NOT BE 6
THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 7
ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL OR THE DEFAULTING MEMBER 8
STATE’S LAW. 9

2. A MEMBER STATE MAY INITIATE LE GAL ACTION AGAINST T HE 10
COMMISSION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 11
THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES TO 12
ENFORCE COMPLIANC E WITH THE PROVISION S OF THE COMPACT AND ITS 13
PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 14
RELIEF AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE 15
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 16
INCLUDING REASONABLE ATTORNEY’S FEES. 17

3. NO PERSON OTHER THAN A MEMBER STATE SHALL ENFORCE 18
THIS COMPACT AGAINST THE COMMISSION. 19

SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 20

A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE 21
COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH MEMBER STATE. 22

1. ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT INDICATED 23
ABOVE, THE COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH 24
OF THE CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY 25
EACH S UCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN THE 26
MODEL COMPACT STATUTE. 27

A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND 28
TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE 29
ENTITLED TO THE DEFAULT PROCESS SET FORTH IN SECTION 10. 30

B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, 31
OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 32
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 33
NUMBER OF MEMBER STATES SHOULD BE LESS THAN SEVEN. 34

HOUSE BILL 340 23

2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 1
CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN 2
SECTION 7.C(22) TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY 3
DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 4
FOR PARTICIPATION IN THE COMPACT. 5

3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 6
IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 7
PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING 8
INTO EXISTENCE SHALL BE CO NSIDERED TO BE ACTIO NS OF THE COMMISSION 9
UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 10

A. ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO 11
THE COMMISSION’S INITIAL ADOPTION O F THE RULES AND BYLAWS SHAL L BE 12
SUBJECT TO THE RULES AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE 13
COMPACT BECOMES LAW IN THAT STATE. ANY RULE THAT HAS BEEN PREVIOUSLY 14
ADOPTED BY THE COMMISSION SHALL HAVE THE FULL FORCE AND EFFECT OF LAW 15
ON THE DAY THE COMPACT BECOMES LAW IN THAT STATE. 16

B. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT 17
BY ENACTING A STATUTE REPEALING THE SAME. 18

B. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTI L 180 19
DAYS AFTER ENACTMENT OF THE REPEALING STATUTE. 20

C. WITHDRAWAL MAY NOT AFFECT THE CONTI NUING REQUIREMENT OF 21
THE WITHDRAWING STATE’S LICENSING AUTHORITY TO COMPLY W ITH THE 22
INVESTIGATIVE AND ADVERSE ACTION REPORTING REQU IREMENTS OF THIS 23
COMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL. 24

D. UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 25
COMPACT, A STATE SHALL IMMEDIATELY PROVIDE NOTICE OF SUCH WITHDRAWAL 26
TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT 27
STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SHALL 28
CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 29
FOR A MINIMUM OF SIX (6) MONTHS AFTER THE DATE OF SUCH NOTICE OF 30
WITHDRAWAL. 31

1. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONS TRUED 32
TO INVALIDATE OR PREVENT ANY LICENSURE AGREEMENT OR OTHER COOPERATIVE 33
ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT 34
DOES NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT. 35

24 HOUSE BILL 340

2. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO 1
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 2
ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES. 3

SECTION 12. CONSTRUCTION AND SEVERABILITY. 4

A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 5
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE PURPOSES AND THE 6
IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 7
COMPACT EXPRESSLY AUT HORIZING OR REQUIRING THE PROMULGATION OF 8
RULES MAY NOT BE CONSTRUED TO LIMIT THE COMMISSION’S RULEMAKING 9
AUTHORITY SOLELY FOR THOSE PURPOSES. 10

B. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF ANY 11
PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS HELD BY A COURT 12
OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 13
MEMBER STATE, A STATE SEEKING PARTICIPATION IN THE COMPACT, OR OF THE 14
UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, 15
PERSON, OR CIRCUMSTANCE IS HELD TO BE UNCONSTIT UTIONAL BY A COURT O F 16
COMPETENT JURISDICTION, THE VALIDITY OF THE REMAINDER OF THIS COMPACT 17
AND THE APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT, AGENCY, PERSON, 18
OR CIRCUMSTANCE MAY NOT BE AFFECTED THEREBY. 19

C. NOTWITHSTANDING SUBSE CTION B OF THIS SECTION, THE 20
COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN 21
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 10.B, TERMINATE A MEMBER 22
STATE’S PARTICIPATION IN T HE COMPACT, IF IT DETERMINES THA T A 23
CONSTITUTIONAL REQUIREMENT OF A MEMBER STATE IS A MATERIAL DEPARTURE 24
FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE HELD TO BE 25
CONTRARY TO THE CONS TITUTION OF ANY MEMBER STATE, THE COMPACT SHALL 26
REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND 27
IN FULL FORCE AN D EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL 28
SEVERABLE MATTERS. 29

SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 30

A. NOTHING HEREIN SHALL PREVENT OR INHIBIT THE ENFORCEMENT OF 31
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 32
COMPACT. 33

B. ANY LAWS , STATUTES, REGULATIONS, OR OTHER LEGAL 34
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 35
SUPERSEDED TO THE EXTENT OF THE CONFLICT. 36
HOUSE BILL 340 25

C. ALL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND THE 1
MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS. 2

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.