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*sb0238*
SENATE BILL 238
F5 6lr2236
CF HB 340
By: Senator Augustine
Introduced and read first time: January 15, 2026
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable
Senate action: Adopted
Read second time: February 20, 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 ASSE MBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
SUBTITLE 4. SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT. 18
25–401. 19
2 SENATE BILL 238
THE SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT IS HEREBY 1
ENACTED INTO LAW AND ENTERED INTO LAW BY THIS STATE WITH ALL STATES 2
LEGALLY JOINING IT, IN THE FORM SUBSTANTIALLY AS IT APPEARS IN § 25–402 OF 3
THIS SUBTITLE. 4
25–402. 5
SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT. 6
SECTION 1. PURPOSE. 7
THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INT ERSTATE 8
PRACTICE OF SCHOOL PSYCHOLOGY IN EDUCATIONAL OR SCHOOL SETTINGS, AND 9
IN SO DOING TO IMPRO VE THE AVAILABILITY OF SCHOOL PSYCHOLOGICAL 10
SERVICES TO THE PUBLIC. THIS COMPACT IS INTENDED TO ESTABLISH A PATHWAY 11
TO ALLOW SCHOOL PSYCHOLOGISTS TO OBTA IN EQU IVALENT LICENSES TO 12
PROVIDE SCHOOL PSYCHOLOGICAL SERVICES IN ANY MEMBER STATE. IN THIS 13
WAY, THIS COMPACT SHALL ENABLE THE MEMBER STATES TO ENSURE THAT SAFE 14
AND EFFECTIVE SCHOOL PSYCHOLOGICAL SERVICES ARE AVAILABL E AND 15
DELIVERED BY APPROPR IATELY QUALIFIED P ROFESSIONALS IN THEI R 16
EDUCATIONAL SETTINGS. 17
TO FACILITATE THE OBJECTIVES DESCRIBED ABOVE, THIS COMPACT: 18
A. ENABLES SCHOOL PSYCHOLOGISTS WHO QUALIFY FOR RECEIPT OF AN 19
EQUIVALENT LICENSE TO PRACTICE I N OTHER MEMBER STATES WITHOUT FIRST 20
SATISFYING BURDENSOME AND DUPLICATIVE REQUIREMENTS; 21
B. PROMOTES THE MOBILITY OF SCHOOL PSYCHOLOGISTS BETWEEN AND 22
AMONG THE MEMBER STATES IN ORDER TO ADDRESS WORKFORCE SHORTAGES AND 23
TO ENSURE THAT SAFE AND RELIABLE SCHOOL PSYCHOLOGICAL SERVICES ARE 24
AVAILABLE IN EACH MEMBER STATE; 25
C. ENHANCES THE PUBLIC A CCESSIBILITY OF SCHOOL PSYCHOLOGICAL 26
SERVICES BY INCREASIN G THE AVAILABILITY O F QUALIFIED , LICENSED SCHOOL 27
PSYCHOLOGISTS THROUGH THE ESTABLISHMENT OF AN EFFICIENT AND 28
STREAMLINED PATHWAY FOR LICENSEES TO PRACTICE IN OTHER MEMBER STATES; 29
D. PRESERVES AND RESPECTS THE AUTHORITY OF EACH MEMBER STATE 30
TO PROTECT THE HEALTH AND SAFETY OF ITS RESIDENTS BY ENSURING THAT ONLY 31
QUALIFIED, LICENSED PROFESSIONA LS ARE AUTHORIZED TO PROVIDE SCHOOL 32
PSYCHOLOGICAL SERVICES WITHIN THAT STATE; 33
SENATE BILL 238 3
E. REQUIRES SCHOOL PSYCHOLOGISTS PRACTICING WITHIN A MEMBER 1
STATE TO COMPLY WITH THE SCOPE OF PRACTICE LAWS PRESENT IN THE STATE 2
WHERE THE SCHOOL PSYCHOLOGICAL SERVICES ARE BEING PROVIDED; 3
F. PROMOTES COOPERATION BETWEEN THE MEMBER STATES IN 4
REGULATING THE PRACTICE OF SCHOOL PSYCHOLOGY WITHIN THOSE STATES; AND 5
G. FACILITATES THE RELOC ATION OF MILITARY ME MBERS AND THEIR 6
SPOUSES WHO ARE LICENSED TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 7
SECTION 2. DEFINITIONS. 8
A. “ACTIVE MILITARY MEMBER” MEANS ANY PERSON WITH FULL –TIME 9
DUTY STATUS IN THE A RMED FORCES OF THE UNITED STATES, INCLUDING 10
MEMBERS OF THE NATIONAL GUARD AND RESERVE. 11
B. “ADVERSE ACTION” MEANS DISCIPLINARY A CTION OR ENCUMBRANCE 12
IMPOSED ON A LICENSE BY A STATE LICENSING AUTHORITY. 13
C. “ALTERNATIVE PROGRAM” MEANS A NON –DISCIPLINARY, 14
PROSECUTORIAL DIVERSION, MONITORING, OR PRACTICE REMEDIAT ION PROCESS 15
ENTERED INTO IN LIEU OF AN ADVERSE ACTION WHICH IS APPLI CABLE TO A 16
SCHOOL PSYCHOLOGIST AND APPROVED BY THE STATE LICENSING AUTHORITY OF 17
A MEMBER STATE IN WHICH THE PA RTICIPATING SCHOOL PSYCHOLOGIST IS 18
LICENSED. THIS INCLUDES , BUT IS NOT LIMITED T O, PROGRAMS TO WHICH 19
LICENSEES WITH SUBSTANCE ABUSE OR ADDICTI ON ISSUES MAY BE REF ERRED IN 20
LIEU OF AN ADVERSE ACTION. 21
D. “COMMISSIONER” MEANS THE INDIVI DUAL APPOINTED BY A MEMBER 22
STATE TO SERVE AS THE REPRESENTATIVE TO TH E COMMISSION FOR THAT 23
MEMBER STATE. 24
E. “COMPACT” MEANS THIS SCHOOL PSYCHOLOGIST INTERSTATE 25
LICENSURE COMPACT. 26
F. “CONTINUING PROFESSIONAL EDUCATION” MEANS A REQUIREMENT , 27
IMPOSED BY A MEMBER STATE AS A CONDITION OF LICENSE RENEWAL, TO PROVIDE 28
EVIDENCE OF SUCCESSF UL PARTICIPATION IN PROFESSIONAL EDUCATI ONAL 29
ACTIVITIES RELEVANT TO THE PROVISION OF SCHOOL PSYCHOLOGICAL SERVICES. 30
G. “CRIMINAL BACKGROUND CHECK” MEANS THE SUBMISSION OF 31
FINGERPRINTS OR OTHER BI OMETRIC INFORMATION FOR A LICENSE APPLICANT 32
FOR THE PURPOSE OF O BTAINING THAT APPLICANT’S CRIMINAL HISTORY RECORD 33
4 SENATE BILL 238
INFORMATION, AS DEFINED IN 28 C.F.R. § 20.3(D), AND THE STATE’S CRIMINAL 1
HISTORY RECORD REPOSITORY AS DEFINED IN 28 C.F.R. § 20.3(F). 2
H. “DOCTORAL LEVEL DEGREE” MEANS A GRADUATE DEG REE PROGRAM 3
THAT CONSISTS OF AT LEAST 90 GRADUATE SEMESTER HO URS IN THE FIELD OF 4
SCHOOL PSYCHOLOGY, INCLUDING A SUPERVISED INTERNSHIP. 5
I. “ENCUMBERED LICENSE” MEANS A LICENSE THAT A STATE LICENSING 6
AUTHORITY HAS LIMITED IN ANY WAY OTHER THA N THROUGH AN ALTERNATIVE 7
PROGRAM, INCLUDING TEMPORARY OR PROVISIONAL LICENSES. 8
J. “EXECUTIVE COMMITTEE” MEANS THE COMMISSION’S CHAIR, VICE 9
CHAIR, SECRETARY AND TREASURER AND ANY OTHER COMMISSIONERS AS MAY BE 10
DETERMINED BY COMMISSION RULE OR BYLAW. 11
K. “EQUIVALENT LICENSE” MEANS A LICENSE TO P RACTICE SCHOOL 12
PSYCHOLOGY THAT A MEMBER STATE HAS IDENTIFIED AS A LICENSE THAT MAY BE 13
PROVIDED TO SCHOOL PSYCHOLOGISTS FROM OTHER MEMBER STATES PURSUANT 14
TO THIS COMPACT. 15
L. “HOME STATE” MEANS THE MEMBER STATE THAT ISSUED THE HOME 16
STATE LICENSE TO THE LICENSEE AND IS THE LICENSEE’S PRIMARY STATE OF 17
PRACTICE. 18
M. “HOME STATE LICENSE” MEANS THE LICENSE THAT IS NOT A N 19
ENCUMBERED LICENSE ISSUED BY THE HOME STATE TO PROVIDE SCHOOL 20
PSYCHOLOGICAL SERVICES. 21
N. “LICENSE” MEANS A CURRENT LICE NSE, CERTIFICATION, OR OTHER 22
AUTHORIZATION GRANTED BY A MEMBER STATE’S LICENSING AUTHORITY THAT 23
PERMITS AN INDIVIDUAL TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 24
O. “LICENSEE” MEANS AN INDIV IDUAL WHO HOLDS A LICENSE FROM A 25
MEMBER STATE TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 26
P. “MEMBER STATE” MEANS A STATE THAT HAS ENACTED THE COMPACT 27
AND BEEN ADMITTED TO THE COMMISSION IN ACCORDANCE WITH THE PROVISIONS 28
HEREIN AND COMMISSION RULES. 29
Q. “MODEL COMPACT” MEANS THE MODEL LANG UAGE FOR THE SCHOOL 30
PSYCHOLOGIST INTERSTATE LICENSURE COMPACT ON FILE WITH THE COUNCIL OF 31
STATE GOVERNMENTS OR OTHER ENTITY AS DESIGNATED BY THE COMMISSION. 32
SENATE BILL 238 5
R. “PRACTICE OF SCHOOL PSYCHOLOGY” MEANS THE DELIVERY O F 1
SCHOOL PSYCHOLOGICAL SERVICES. 2
S. “QUALIFYING NATIONAL EXAM” MEANS A NATIONAL LIC ENSING 3
EXAMINATION ENDORSED BY THE NATIONAL ASSOCIATION OF SCHOOL 4
PSYCHOLOGISTS AND ANY OTHER EXAM AS APPROV ED BY THE RULES OF THE 5
COMMISSION. 6
T. “QUALIFYING SCHOOL PSYCHOLOGIST EDUCATION PROGRAM” MEANS 7
AN EDUCATION PROGRAM THAT AWARDS A SPECIALIST–LEVEL OR 8
DOCTORAL–LEVEL DEGREE OR EQUIVALENT UPON COMPLETION AND IS APPROVED 9
BY THE RULES OF THE COMMISSION AS MEETING THE NECESSARY MINIMU M 10
EDUCATIONAL STANDARD S TO ENSURE THAT ITS GRADUATES ARE READY , 11
QUALIFIED, AND ABLE TO ENGAGE IN THE PRACTICE OF SCHOOL PSYCHOLOGY. 12
U. “REMOTE STATE” MEANS A MEMBER STATE OTHER THAN THE HOME 13
STATE WHERE A LICENSEE HOLDS A LICENSE THROUGH THE COMPACT. 14
V. “RULE” MEANS A REGULATION P ROMULGATED BY AN ENTITY , 15
INCLUDING BUT NOT LI MITED TO THE COMMISSION AND THE STATE LICENSING 16
AUTHORITY OF EACH MEMBER STATE, THAT HAS THE FORCE OF LAW. 17
W. “SCHOOL PSYCHOLOGICAL SERVICES” MEANS ACADEMIC , MENTAL, 18
AND BEHAVIORAL HEALT H SERVICES , INCLUDING ASSESSMENT , PREVENTION, 19
CONSULTATION AND COL LABORATION, INTERVENTION, AND EVALUATION , 20
PROVIDED BY A SCHOOL PSYCHOLOGIST IN A SCHOOL AS OUTLINED IN APPLICABLE 21
PROFESSIONAL STANDARDS AS DETERMINED BY COMMISSION RULE. 22
X. “SCHOOL PSYCHOLOGIST” MEANS AN INDIVIDUAL WHO HAS M ET THE 23
REQUIREMENTS TO OBTAIN A HOME STATE LICENSE THAT LEGALLY CONVEYS THE 24
PROFESSIONAL TITLE O F SCHOOL PSYCHOLOGIST, OR ITS EQUIVALENT AS 25
DETERMINED BY THE RULES OF THE COMMISSION. 26
Y. “SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT 27
COMMISSION” OR “COMMISSION” MEANS THE JOINT GOVE RNMENT AGENCY 28
ESTABLISHED BY THIS COMPACT WHOSE MEMBERS HIP CONSISTS OF 29
REPRESENTATIVES FROM EACH MEMBER STATE THAT HAS ENACTE D THE 30
COMPACT, AND AS FURTHER DESCRIBED IN SECTION 7. 31
Z. “SCOPE OF PRACTICE” MEANS THE PROCEDURES , ACTIONS, AND 32
PROCESSES A SCHOOL PSYCHOLOGIST LICENSED IN A STATE IS PERMITTED TO 33
UNDERTAKE IN THAT STATE AND THE CIRCUMS TANCES UNDER WHICH T HAT 34
LICENSEE IS PERMITTED TO UNDERTAKE THOSE P ROCEDURES, ACTIONS, AND 35
6 SENATE BILL 238
PROCESSES. SUCH PROCEDURES , ACTIONS, AND PROCE SSES, AND THE 1
CIRCUMSTANCES UNDER WHICH THEY MAY BE UNDERTAKEN, MAY BE ESTABLISHED 2
THROUGH MEANS INCLUDING, BUT NOT LIMITED TO, STATUTE, REGULATIONS, CASE 3
LAW, AND OTHER PROCESSES AVAILABLE TO THE STATE LICENSING AUTHORITY OR 4
OTHER GOVERNMENT AGENCY. 5
AA. “SPECIALIST–LEVEL DEGREE” MEANS A DEGREE PROGR AM THAT 6
REQUIRES AT LEAST 60 GRADUATE SEMESTER HOURS OR EQUIVALENT IN THE FIELD 7
OF SCHOOL PSYCHOLOGY INCLUDING A SUPERVISED INTERNSHIP. 8
BB. “STATE” MEANS ANY STATE , COMMONWEALTH, DISTRICT, OR 9
TERRITORY OF THE UNITED STATES OF AMERICA. 10
CC. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S 11
REGULATORY BODY RESP ONSIBLE FOR ISSUING LICENSES OR OTHERWISE 12
OVERSEEING THE PRACTICE OF SCHOOL PSYCHOLOGY. 13
DD. “STATE SPECIFIC REQUIREMENT” MEANS A REQUIREMENT FOR 14
LICENSURE COVERED IN COURSEWORK OR EXAMINATION THAT INCLUDES CONTENT 15
OF UNIQUE INTEREST TO THE STATE. 16
EE. “UNENCUMBERED LICENSE” MEANS A LICENSE THAT AUTHORIZ ES A 17
LICENSEE TO ENGAGE IN THE FULL AND UNRESTR ICTED PRACTICE OF SCHOOL 18
PSYCHOLOGY. 19
SECTION 3. STATE PARTICIPATION IN THE COMPACT. 20
A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTAIN 21
ELIGIBILITY AS A MEMBER STATE, A STATE MUST: 22
1. ENACT A COMPACT STATU TE THAT IS NOT MATER IALLY 23
DIFFERENT FROM THE MODEL COMPACT AS DEFINED IN THE COMMISSION’S 24
RULES; 25
2. PARTICIPATE IN THE SH ARING OF INFORMATION WITH OTHER 26
MEMBER STATES AS REASONABLY NECESSARY TO ACCOMPL ISH THE OBJECTIVES 27
OF THIS COMPACT, AND AS FURTHER DEFINED IN SECTION 8; 28
3. IDENTIFY AND MAINTAIN WITH THE COMMISSION A LIST OF 29
EQUIVALENT LICENSES AVAILABLE TO LICENSEES WHO HOLD A HOME STATE 30
LICENSE UNDER THIS COMPACT; 31
SENATE BILL 238 7
4. HAVE A MECHANISM IN P LACE FOR RECEIVING A ND 1
INVESTIGATING COMPLAINTS ABOUT LICENSEES; 2
5. NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF 3
THE COMPACT AND THE COMMISSION’S RULES, OF ANY ADVERSE ACTION TAKEN 4
AGAINST A LICENSEE, OR OF THE AVAILABILI TY OF INVESTIGATIVE INFORMATION 5
THAT RELATES TO A LICENSEE OR APPLICANT FOR LICENSURE; 6
6. REQUIRE THAT APPLICANTS FOR A HOME STATE LICENSE HAVE: 7
A. TAKEN AND PASSED A QUALIFYING NATIONAL EXAM AS 8
DEFINED BY THE RULES OF THE COMMISSION; 9
B. COMPLETED A MINIMUM O F 1200 HOURS OF SUPERVISED 10
INTERNSHIP, OF WHICH AT LEAST 600 MUST HAVE BEEN COMPLETED IN A SCHOOL, 11
PRIOR TO BEING APPROVED FOR LICENSURE; AND 12
C. GRADUATED FROM A QUALIFYING SCHOOL PSYCHOLOGIST 13
EDUCATION PROGRAM; AND 14
7. COMPLY WITH THE TERMS OF THIS COMPACT AND THE RULES OF 15
THE COMMISSION. 16
B. EACH MEMBER STATE SHALL GRANT AN EQUIVALENT LICENSE TO 17
PRACTICE SCHOOL PSYCHOLOGY IN THAT ST ATE UPON APPL ICATION BY A 18
LICENSEE WHO SATISFIES THE CRITERIA OF SECTION 4.A. EACH MEMBER STATE 19
SHALL GRANT RENEWAL OF THE EQUIVALENT LICENSE TO A LICENSEE WHO 20
SATISFIES THE CRITERIA OF SECTION 4.B. 21
C. MEMBER STATES MAY SET AND CO LLECT A FEE FOR GRAN TING AN 22
EQUIVALENT LICENSE. 23
SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT. 24
A. TO OBTAIN AND MAINTAIN AN EQUIVALENT LICENSE FROM A REMOTE 25
STATE UNDER THIS COMPACT, A LICENSEE MUST: 26
1. HOLD AND MAINTAIN AN ACTIVE HOME STATE LICENSE; 27
2. SATISFY ANY APPL ICABLE STATE SPECIFIC REQUIREMENTS 28
ESTABLISHED BY THE MEMBER STATE AFTER AN EQUIVALENT LICENSE IS 29
GRANTED; 30
8 SENATE BILL 238
3. COMPLETE ANY ADMINIST RATIVE OR APPLICATIO N 1
REQUIREMENTS WHICH THE COMMISSION MAY ESTABLISH BY RULE, AND PAY ANY 2
ASSOCIATED FEES; AND 3
4. COMPLETE ANY REQUIREMENT S FOR RENEWAL IN THE HOME 4
STATE, INCLUDING APPLICABLE CONTINUING PROFESSIONAL EDUCATION 5
REQUIREMENTS. 6
5. UPON THEIR APPLICATIO N TO RECEIVE A LICEN SE UNDER THIS 7
COMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE MEMBER STATE IN 8
WHICH THE EQUIVALENT LICENSE IS SOUGHT IN ACCORDANCE WITH THE LAWS AND 9
REGULATIONS OF SUCH MEMBER STATE. 10
B. TO RENEW AN EQUIVALENT LICENSE IN A MEMBER STATE OTHER THAN 11
THE HOME STATE, A LICENSEE MUST ONLY AP PLY FOR RENEWAL , COMPLETE A 12
BACKGROUND CHECK, AND PAY RENEWAL FEES AS DETERMINED BY THE LICENSING 13
AUTHORITY. 14
SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES. 15
A LICENSEE WHO IS AN ACTIVE MILITARY MEMBER OR IS THE SPOUSE OF AN 16
ACTIVE MILITARY MEMBER SHALL BE DEEMED TO HOLD A HOME STATE LICENSE 17
IN ANY OF THE FOLLOWING LOCATIONS: 18
A. THE LICENSEE’S PERMANENT RESIDENCE; 19
B. A MEMBER STATE THAT IS THE LICENSEE’S PRIMARY STATE OF 20
PRACTICE; AND 21
C. A MEMBER STATE WHERE THE LICENSEE HAS RELOCATED PURSUANT 22
TO A PERMANENT CHANGE OF STATION (PCS). 23
SECTION 6. DISCIPLINE/ADVERSE ACTIONS. 24
A. NOTHING IN THIS COMPACT SHALL BE DEEM ED OR CONSTRUED TO 25
LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR IMPOSE 26
DISCIPLINARY MEASURE S ON LICENSEES ACCORDING T O THE STATE PRACTICE 27
LAWS THEREOF. 28
B. MEMBER STATES S HALL BE AUTHORIZED T O RECEIVE , AND SHALL 29
PROVIDE, FILES AND INFORMATIO N REGARDING THE INVE STIGATION AND 30
DISCIPLINE, IF ANY, OF LICENSEES IN OTHER MEMBER STATES UPON REQUEST . 31
ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES SHALL PROTECT 32
SENATE BILL 238 9
AND MAINTAIN THE SECURITY AND CONFI DENTIALITY THEREOF, IN AT LEAST THE 1
SAME MANNER THAT IT MAINTAINS ITS OWN IN VESTIGATORY OR DISCI PLINARY 2
FILES AND INFORMATIO N. PRIOR TO DISCLOSING A NY DISCIPLINARY OR 3
INVESTIGATORY INFORMATION RECEIVED FROM ANOTHER MEMBER STATE, THE 4
DISCLOSING STATE SHALL COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH 5
DISCLOSURE TO THE MEMBER STATE WHICH ORIGINALL Y PROVIDED THAT 6
INFORMATION. 7
SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE 8
LICENSURE COMPACT COMMISSION. 9
A. THE MEMBER STATES HEREBY CREATE AND ESTABLISH A JOINT 10
GOVERNMENT AGENCY WH OSE MEMBERSHIP CONSI STS OF ALL MEMBER STATES 11
THAT HAVE ENACTED TH E COMPACT, AND THIS AGENCY SHAL L BE KNOWN AS THE 12
SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT COMMISSION. THE 13
COMMISSION IS AN I NSTRUMENTALITY OF THE MEMBER STATES ACTING JOINTLY 14
AND NOT AN INSTRUMENTALITY OF ANY ONE STATE. THE COMMISSION SHALL COME 15
INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET 16
FORTH IN SECTION 11. 17
B. MEMBERSHIP, VOTING, AND MEETINGS. 18
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) 19
COMMISSIONER SELECTED BY THAT MEMBER STATE’S STATE LICENSING 20
AUTHORITY. 21
2. THE COMMISSIONER SHALL BE THE PRIMARY ADMINIST RATIVE 22
OFFICER OF THE MEMBER STATE LICENSING AUTHORITY OR THEIR DESIGNEE WHO 23
IS AN EMPLOYEE OF THE MEMBER STATE LICENSING AUTHORITY. 24
3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A TERM 25
OF OFFICE FOR COMMISSIONERS AND MAY BY RULE OR BYLAW ESTABLI SH TERM 26
LIMITS. 27
4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION 28
OF ANY COMMISSIONER FROM OFFICE. 29
5. A MEMBER STATE’S LICENSING AUTHORITY SHALL FILL ANY 30
VACANCY OF ITS COMMISSIONER OCCURRING ON THE COMMISSION WITHIN 60 DAYS 31
OF THE VACANCY. 32
10 SENATE BILL 238
6. EACH COMMISSIONER SHALL BE ENTITLED TO ONE VOTE ON ALL 1
MATTERS BEFORE THE COMMISSION REQUIRING A V OTE BY COMMISSION 2
COMMISSIONERS. 3
7. A COMMISSIONER SHALL VO TE IN PERSON OR BY S UCH OTHER 4
MEANS AS PROVIDED IN THE BYLAWS . THE BYLAWS MAY PROVID E FOR 5
COMMISSIONERS TO MEET BY TELECOMMUNICATION , VIDEO CONFERENCE , OR 6
OTHER MEANS OF COMMUNICATION. 7
8. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 8
CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 9
BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 10
CONFERENCE OR OTHER SIMILAR ELECTRONIC MEANS. 11
C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS: 12
1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 13
2. ESTABLISH CODE OF CON DUCT AND CONFLICT OF INTEREST 14
POLICIES; 15
3. ESTABLISH AND AMEND RULES AND BYLAWS; 16
4. ESTABLISH THE PROCEDURE THROUGH WHICH A LICENSEE MAY 17
CHANGE THEIR HOME STATE; 18
5. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 19
BYLAWS; 20
6. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 21
PROVISIONS OF THIS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS; 22
7. INITIATE AND CONCLUDE LEGAL PROCE EDINGS OR ACTIONS IN 23
THE NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY MEMBER 24
STATE LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY 25
NOT BE AFFECTED; 26
8. MAINTAIN AND CERTIFY RECORDS AND INFORMATION PROVIDED 27
TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 28
COMMISSION, AND DESIGNATE AN AGENT TO DO SO ON THE COMMISSION’S BEHALF; 29
9. PURCHASE AND MAINTAIN INSURANCE AND BONDS; 30
SENATE BILL 238 11
10. BORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, 1
INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE; 2
11. CONDUCT AN ANNUAL FINANCIAL REVIEW; 3
12. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 4
COMPENSATION, DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 5
AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND ESTABLISH THE 6
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF 7
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 8
MATTERS; 9
13. ASSESS AND COLLECT FEES; 10
14. ACCEPT ANY AND ALL APPROPRIATE GIFTS, DONATIONS, GRANTS 11
OF MONEY, OTHER SOURCES OF REVENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 12
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED THAT AT 13
ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY 14
AND/OR CONFLICT OF INTEREST; 15
15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 16
PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INTEREST THEREIN; 17
16. SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, 18
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED; 19
17. ESTABLISH A BUDGET AND MAKE EXPENDITURES; 20
18. BORROW MONEY; 21
19. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 22
COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 23
REPRESENTATIVES, AND CONSUMER REPRESE NTATIVES, AND SUCH OTH ER 24
INTERESTED PERSONS AS MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAWS; 25
20. PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 26
WITH, LAW ENFORCEMENT AGENCIES; 27
21. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING 28
A CHAIR AND A VICE CHAIR; 29
12 SENATE BILL 238
22. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S 1
MATERIALLY DIFFERENT FROM THE MODEL COMPA CT LANGUAGE SUCH THA T THE 2
STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE COMPACT; AND 3
23. PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 4
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT. 5
D. THE EXECUTIVE COMMITTEE. 6
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 7
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 8
POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL 9
INCLUDE: 10
A. OVERSEE THE DAY –TO–DAY ACTIVITIES OF TH E 11
ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND COMPLIANCE 12
WITH THE PROVISIONS OF THE COMPACT , ITS RULES AND BYLAWS , AND OTHER 13
SUCH DUTIES AS DEEMED NECESSARY; 14
B. RECOMMEND TO THE COMMISSION CHANGES TO THE 15
RULES OR BYLAWS, CHANGES TO THIS COMPACT LEGISLATION, FEES CHARGED TO 16
MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES; 17
C. ENSURE COMPACT ADMINISTRATIO N SERVICES ARE 18
APPROPRIATELY PROVIDED, INCLUDING BY CONTRACT; 19
D. PREPARE AND RECOMMEND THE BUDGET; 20
E. MAINTAIN FINANCIAL RE CORDS ON BEHALF OF T HE 21
COMMISSION; 22
F. MONITOR COMPACT COMPLIANCE OF MEMBER STATES 23
AND PROVIDE COMPLIANCE REPORTS TO THE COMMISSION; 24
G. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; 25
H. EXERCISE THE POWERS A ND DUTIES OF THE COMMISSION 26
DURING THE INTERIM B ETWEEN COMMISSION MEETINGS, EXCEPT FOR ADOPTING 27
OR AMENDING RULES, ADOPTING OR AMENDING BYLAWS, AND EXERCISING ANY 28
OTHER POWERS AND DUTIES EXPRESSLY RESERVED TO THE COMMISSION BY RULE 29
OR BYLAW; AND 30
SENATE BILL 238 13
I. OTHER DUTIES AS PROVIDED IN THE RULES OR BYLAWS OF 1
THE COMMISSION. 2
2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO 7 3
MEMBERS: 4
A. THE CHAIR AND VICE CHAIR OF THE COMMISSION SHALL BE 5
VOTING MEMBERS OF THE EXECUTIVE COMMITTEE; AND 6
B. THE COMMISSION SHALL ELECT 5 VOTING MEMBERS FROM 7
THE CURRENT MEMBERSHIP OF THE COMMISSION. 8
3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 9
COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS. 10
4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY. 11
A. EXECUTIVE COMMITTEE MEETINGS SHALL BE OPEN TO THE 12
PUBLIC, EXCEPT THAT THE EXECUTIVE COMMITTEE MAY MEET IN A CLOSED , 13
NON–PUBLIC MEETING AS PROVIDED IN SUBSECTION F.2 BELOW. 14
B. THE EXECUTIVE COMMITTEE SHALL GIVE 30 DAYS’ NOTICE 15
OF ITS MEETINGS , POSTED ON ITS WEBSIT E AND AS DETERMINED TO PROVIDE 16
NOTICE TO PERSONS WITH AN INTEREST IN THE BUSINESS OF THE COMMISSION. 17
C. THE EXECUTIVE COMMITTEE MAY HOLD A SPECIAL 18
MEETING IN ACCORDANCE WITH SUBSECTION F.1.B. BELOW. 19
E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER 20
STATES AN ANNUAL REPORT. 21
F. MEETINGS OF THE COMMISSION. 22
1. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , EXCEPT THAT 23
THE COMMISSION MAY MEET IN A CLOSED, NON–PUBLIC MEETING AS PROVIDED IN 24
SUBSECTION F.2 BELOW. 25
A. PUBLIC NOTICE FOR ALL MEETINGS OF THE FULL 26
COMMISSION SHALL BE G IVEN IN THE SAME MAN NER AS REQUIRED UNDE R THE 27
RULEMAKING PROVISIONS IN SECTION 9, EXCEPT THAT THE COMMISSION MAY 28
HOLD A SPECIAL MEETING AS PROVIDED IN SUBSECTION F.1.B. BELOW. 29
14 SENATE BILL 238
B. THE COMMISSION MAY HOLD A SPECIAL MEETING WHEN IT 1
MUST MEET TO CONDUCT EMERGENCY BUSINESS BY GIVING 48 HOURS’ NOTICE TO 2
ALL COMMISSIONERS , ON THE COMMISSION’S WEBSITE , AND OTHER MEANS AS 3
PROVIDED IN THE COMMISSION’S RULES . THE COMMISSION’S LEGAL COUN SEL 4
SHALL CERTIFY THAT T HE COMMISSION’S NEED TO MEET QUALI FIES AS AN 5
EMERGENCY. 6
2. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER 7
COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 8
MEETING FOR THE COMMISSION OR EXECUTIVE COMMITTEE OR O THER 9
COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO DISCUSS: 10
A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS 11
OBLIGATIONS UNDER THE COMPACT; 12
B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER 13
MATTERS, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES; 14
C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY 15
THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY; 16
D. CURRENT, THREATENED, OR REASONABLY ANTICI PATED 17
LITIGATION; 18
E. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, 19
OR SALE OF GOODS, SERVICES, OR REAL ESTATE; 20
F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 21
CENSURING ANY PERSON; 22
G. TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 23
INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL; 24
H. INFORMATION OF A PERS ONAL NATURE WH ERE 25
DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F 26
PERSONAL PRIVACY; 27
I. INVESTIGATIVE RECORDS COMPILED FOR LAW 28
ENFORCEMENT PURPOSES; 29
J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 30
PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 31
SENATE BILL 238 15
COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 1
DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; 2
K. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY 3
FEDERAL OR MEMBER STATE LAW; OR 4
L. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 5
BY RULE. 6
3. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED , THE 7
PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 8
REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 9
SHALL BE RECORDED IN THE MINUTES. 10
4. THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 11
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 12
FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, 13
INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENT S 14
CONSIDERED IN CONNEC TION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH 15
MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 16
UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 17
COMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION. 18
G. FINANCING OF THE COMMISSION. 19
1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 20
OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION, AND 21
ONGOING ACTIVITIES. 22
2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 23
REVENUE SOURCES AS PROVIDED IN C(14). 24
3. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 25
ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES 26
PRACTICING IN THE MEMBER STATES UNDER AN EQUIVALENT LICENSE TO COVER 27
THE COST OF THE OPER ATIONS AND ACTIVITIE S OF THE COMMISSION AND ITS 28
STAFF, WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL 29
BUDGET AS APPROVED E ACH YEAR FOR WHICH R EVENUE IS NOT PROVID ED BY 30
OTHER SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER 31
STATES SHALL BE ALLOC ATED BASED UPO N A FORMULA THAT THE COMMISSION 32
SHALL PROMULGATE BY RULE. 33
16 SENATE BILL 238
4. THE COMMISSION MAY NOT IN CUR OBLIGATIONS OF A NY KIND 1
PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL THE 2
COMMISSION PLEDGE THE CREDIT OF ANY 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 AND ACCOU NTING 7
PROCEDURES ESTABLISH ED U NDER 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 SUIT AND 15
LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CAPACITY, 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 A GAINST WHOM 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 DA MAGE, 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 SCO PE 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 RESPONSIBILITIES , PROVIDED THAT 34
NOTHING HEREIN SHALL BE CONSTRUED T O PROHIBIT THAT PERS ON FROM 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
RESULT FROM THAT PER SON’S INTENTIONAL OR WIL LFUL OR WANTON 38
MISCONDUCT. 39
SENATE BILL 238 17
3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARML ESS ANY 1
MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE O F 2
THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED 3
AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR 4
OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 5
DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BAS IS 6
FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 7
DUTIES, OR RESPONSIBILITIES , PROVIDED THAT T HE ACTUAL OR ALLEGED ACT, 8
ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL O R 9
WANTON MISCONDUCT OF THAT PERSON. 10
4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 11
THE LIABILITY OF ANY LICENSEE FOR PROFESS IONAL MALPRACTICE OR 12
MISCONDUCT, WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 13
STATE LAWS. 14
5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 15
OR OTHERWISE ABROGATE A MEMBER STATE’S STATE ACTION IMMUNITY OR STATE 16
ACTION AFFIRMATIVE DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE 17
SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL ANTITRUST OR 18
ANTICOMPETITIVE LAW OR REGULATION. 19
6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 20
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE 21
COMMISSION. 22
SECTION 8. FACILITATING INFORMATION EXCHANGE. 23
A. THE COMMISSION SHALL PROVIDE FOR FACILITATING THE EXCHANGE 24
OF INFORMATION TO AD MINISTER AND IMPLEME NT THE PROVISIONS OF THIS 25
COMPACT IN ACCORDANC E WITH THE RULES OF THE COMMISSION, CONSISTENT 26
WITH GENERALLY ACCEPTED DATA PROTECTION PRINCIPLES. 27
B. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE 28
CONTRARY, A MEMBER STATE SHALL AGREE TO PROVIDE FOR THE FACI LITATION 29
OF THE FOLLOWING LICENSEE INFORMATION AS REQUIRED BY THE RULES OF THE 30
COMMISSION, INCLUDING: 31
1. IDENTIFYING INFORMATION; 32
2. LICENSURE DATA; 33
18 SENATE BILL 238
3. ADVERSE ACTIONS AGAINST A LICENSE AND INFORMATI ON 1
RELATED THERETO; 2
4. NON–CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE 3
PROGRAM PARTICIPATION , THE BEGINNING AND EN DING DATES OF SUCH 4
PARTICIPATION, AND OTHER INFORMATION RELATED TO SUCH PARTICIPATION NOT 5
MADE CONFIDENTIAL UNDER MEMBER STATE LAW; 6
5. ANY DENIAL OF APPLICA TION FOR LICENSURE , AND THE 7
REASON(S) FOR SUCH DENIAL; 8
6. THE PRESENCE OF INVESTIGATIVE INFORMATION; AND 9
7. OTHER INFOR MATION THAT MAY FACI LITATE THE 10
ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 11
DETERMINED BY THE RULES OF THE COMMISSION. 12
C. NOTHING IN THIS COMPA CT SHALL BE DEEMED O R CONSTRUED TO 13
ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND 14
MAINTAIN OWNERSHIP O F ITS LICENSEE INFORMATION OR ALTER , LIMIT, OR 15
INHIBIT THE LAWS OR REGULATIONS GOVERNING LICENSEE INFORMATION IN THE 16
MEMBER STATE. 17
SECTION 9. RULEMAKING. 18
A. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 19
PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERS TATE COMPACT AND THE 20
RULES ADOPTED THEREUN DER. RULES AND AMENDMENTS SHALL BECOME 21
BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT. 22
B. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES TO 23
ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT. IN THE EVENT 24
THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS 25
BEYOND THE PURPOSE A ND INTENT OF THIS IN TERSTATE COMPACT , OR THE 26
POWERS GRANTED HEREU NDER, THEN SUCH AN ACTION BY THE COMMISSION 27
SHALL BE INVALID AND HA VE NO FORCE AND EFFE CT OF LAW IN THE MEMBER 28
STATES. 29
C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 30
REJECTS A RULE, BY ENACTMENT OF A ST ATUTE OR RESOLUTION IN THE SAME 31
MANNER USED TO ADOPT THE COMPACT WITHIN F OUR (4) YEARS OF THE DATE OF 32
ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND 33
EFFECT IN ANY MEMBER STATE. 34
SENATE BILL 238 19
D. RULES OR AMENDMENTS T O THE RULES SHALL BE ADOPTE D OR 1
RATIFIED AT A REGULA R OR SPECIAL MEETING OF THE COMMISSION IN 2
ACCORDANCE WITH COMMISSION RULES AND BYLAWS. 3
E. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES 4
BY THE COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF T HE 5
MEETING AT WHICH THE RULE WILL BE CONSIDER ED AND VOTED UPON , THE 6
COMMISSION SHALL FILE A NOTICE OF PROPOSED RULEMAKING: 7
1. ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 8
ACCESSIBLE PLATFORM; AND 9
2. ON THE WEBSITE OF EAC H MEMBER STATE LICENSING 10
AUTHORITY OR OTHER PUBLICLY ACCESSIBLE PLATFORM OR THE PUBLICATION IN 11
WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES. 12
F. UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 13
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 14
NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 15
RULEMAKING PROCEDURES SHALL BE RETROACTIVELY APPLIED TO THE RULE AS 16
SOON AS REASONABLY P OSSIBLE, IN NO EVENT LATER TH AN NINETY (90) DAYS 17
AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF T HIS 18
PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY 19
IN ORDER TO: 20
1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 21
WELFARE; 22
2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 23
3. MEET A DEADLINE FOR T HE PROMULGATION OF A N 24
ADMINISTRATIVE RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE; OR 25
4. PROTECT PUBLIC HEALTH AND SAFETY. 26
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 27
A. OVERSIGHT. 28
1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF TH E STATE 29
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE 30
ALL ACTIONS NECESSARY AND APPROPRIATE TO IMPLEMENT THE COMPACT. 31
20 SENATE BILL 238
2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 1
THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 2
COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS 3
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JU RISDICTIONAL DEFENSES 4
TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 5
DISPUTE RESOLUTION P ROCEEDINGS. NOTHING HEREIN SHALL AFFECT OR LIMIT 6
THE SELECTION OR PROPRIETY OF VENUE IN ANY ACTION AGAINST A LICENSEE FOR 7
PROFESSIONAL MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR MATTER. 8
3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 9
PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 10
INTERPRETATION OF THE COMPACT AND SHALL HAVE STANDING TO INTERVENE IN 11
SUCH A PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE THE COMMISSION 12
SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 13
COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 14
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 15
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 16
DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 17
UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL 18
PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 19
SHALL DESCRIBE THE DEFAULT, THE PROPOSED MEANS OF CURING THE DEFAULT, 20
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 21
TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING THE DEFAULT. 22
2. THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 23
DEFAULT TO THE OTHER MEMBER STATES. 24
C. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING 25
STATE MAY BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF 26
A SUPERMAJORITY OF THE DELEGATES OF THE MEMBER STATES, AND ALL RIGHTS, 27
PRIVILEGES AND BENEFITS CONFERRED ON THAT STATE BY THIS COMPACT MAY BE 28
TERMINATED ON THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT 29
DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES 30
INCURRED DURING THE PERIOD OF DEFAULT. 31
D. TERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE IMPOSED 32
ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 33
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 34
THE COMMISSION TO THE GOVERNOR, THE MAJORITY AND MINORITY LEADERS OF 35
SENATE BILL 238 21
THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTI NG STATE’S LICENSING 1
AUTHORITY, AND EACH OF THE MEMBER STATES’ LICENSING AUTHORITIES. 2
E. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 3
ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 4
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIG ATIONS THAT EXTEND 5
BEYOND THE EFFECTIVE DATE OF TERMINATION. 6
F. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 7
COMPACT, THAT STATE SHALL IMMEDIATELY PROVIDE NOTICE TO ALL LICENSEES 8
WITHIN THAT STATE OF SUCH TERMINA TION. THE TERMINATED STATE SHALL 9
CONTINUE TO RECOGNIZE ALL LICENSES GRANTED PURSUANT TO THIS COMPACT 10
FOR A MINIMUM OF SIX (6) MONTHS AFTER THE DAT E OF SAID NOTICE OF 11
TERMINATION. 12
G. THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A STATE 13
THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED FROM THE 14
COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE 15
DEFAULTING STATE. 16
H. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 17
COMMISSION BY PETITIO NING THE U.S. DISTRICT COURT FOR THE DISTRICT OF 18
COLUMBIA OR THE FEDER AL DISTRICT WHERE THE COMMISSION HAS ITS 19
PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF 20
SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 21
I. DISPUTE RESOLUTION. 22
1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 23
ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AM ONG 24
MEMBER STATES AND BETWEEN MEMBER AND NON–MEMBER STATES. 25
2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR 26
BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 27
APPROPRIATE. 28
J. ENFORCEMENT. 29
1. BY MAJORITY VOTE AS P ROVIDED BY RULE, THE COMMISSION 30
MAY INITIATE LEGAL A CTION AGAINST A MEMBER STATE IN DEFAULT IN T HE 31
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 32
FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 33
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 34
22 SENATE BILL 238
PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 1
RELIEF AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE 2
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATION , 3
INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN M AY NOT BE 4
THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 5
ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL OR THE DEFAULTING MEMBER 6
STATE’S LAW. 7
2. A MEMBER STATE MAY INITIATE LE GAL ACTION AGAINST T HE 8
COMMISSION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 9
THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES TO 10
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 11
PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 12
RELIEF AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE 13
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 14
INCLUDING REASONABLE ATTORNEY’S FEES. 15
3. NO PERSON OTHER THAN A MEMBER STATE SHALL ENFORCE 16
THIS COMPACT AGAINST THE COMMISSION. 17
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 18
A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE 19
COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH MEMBER STATE. 20
1. ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT INDICATED 21
ABOVE, THE COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH 22
OF THE CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY 23
EACH SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN T HE 24
MODEL COMPACT STATUTE. 25
A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND 26
TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE 27
ENTITLED TO THE DEFAULT PROCESS SET FORTH IN SECTION 10. 28
B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, 29
OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 30
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 31
NUMBER OF MEMBER STATES SHOULD BE LESS THAN SEVEN. 32
2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 33
CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN 34
SECTION 7.C(22) TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY 35
SENATE BILL 238 23
DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 1
FOR PARTICIPATION IN THE COMPACT. 2
3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 3
IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 4
PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING 5
INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 6
UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 7
A. ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO 8
THE COMMISSION’S INITIAL ADOPTION O F THE RULES AND BYLAWS SHAL L BE 9
SUBJECT TO THE RULES AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE 10
COMPACT BECOMES LAW IN THAT STATE. ANY RULE THAT HAS BEEN PREVIOUSLY 11
ADOPTED BY THE COMMISSION SHALL HAVE THE FULL FORCE AND EFFECT OF LAW 12
ON THE DAY THE COMPACT BECOMES LAW IN THAT STATE. 13
B. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT 14
BY ENACTING A STATUTE REPEALING THE SAME. 15
B. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTIL 180 16
DAYS AFTER ENACTMENT OF THE REPEALING STATUTE. 17
C. WITHDRAWAL MAY NOT AF FECT THE CONTINUING REQUIREMENT OF 18
THE WITHDRAWING STATE’S LICENSING AUTHORITY TO COMPLY W ITH THE 19
INVESTIGATIVE AN D ADVERSE ACTION REPORTING REQU IREMENTS OF THIS 20
COMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL. 21
D. UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 22
COMPACT, A STATE SHALL IMMEDIATELY PROVIDE NOTICE OF SUCH WITHDRAWAL 23
TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT 24
STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SHALL 25
CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 26
FOR A MINIMUM OF SIX (6) MONTHS AFTER THE DAT E OF SUCH NOTICE OF 27
WITHDRAWAL. 28
1. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONS TRUED 29
TO INVALIDATE OR PREVENT ANY LICENSURE AGREEMENT OR OTHER COOPERATIVE 30
ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT 31
DOES NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT. 32
2. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO 33
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 34
ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES. 35
24 SENATE BILL 238
SECTION 12. CONSTRUCTION AND SEVERABILITY. 1
A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 2
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE PURPOSES AND THE 3
IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 4
COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F 5
RULES MAY NOT BE CONS TRUED TO LIMIT THE COMMISSION’S RULEMAKING 6
AUTHORITY SOLELY FOR THOSE PURPOSES. 7
B. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF ANY 8
PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS HELD BY A COURT 9
OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 10
MEMBER STATE, A STATE SEEKING PARTICIPATION IN THE COMPACT, OR OF THE 11
UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, 12
PERSON, OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A COURT OF 13
COMPETENT JURISDICTION, THE VALIDITY OF THE REMAINDER OF THIS COMPACT 14
AND THE APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT, AGENCY, PERSON, 15
OR CIRCUMSTANCE MAY NOT BE AFFECTED THEREBY. 16
C. NOTWITHSTANDING SUBSE CTION B OF THIS SECTION, THE 17
COMMISSION MAY DENY A STATE’S PART ICIPATION IN THE COMPACT OR , IN 18
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 10.B, TERMINATE A MEMBER 19
STATE’S PARTICIPATION IN T HE COMPACT, IF IT DETERMINES THA T A 20
CONSTITUTIONAL REQUIREMENT OF A MEMBER STATE IS A MATERIAL DEPARTURE 21
FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE HELD TO BE 22
CONTRARY TO THE CONS TITUTION OF ANY MEMBER STATE, THE COMPACT SHALL 23
REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND 24
IN FULL FORCE AND EF FECT AS TO THE MEMBER STATE AFFECTED AS TO ALL 25
SEVERABLE MATTERS. 26
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 27
A. NOTHING HEREIN SHALL PREVENT OR INHIBIT THE ENFORCEMENT OF 28
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 29
COMPACT. 30
B. ANY LAWS , STATUTES, REGULATIONS, OR OTHER LEGAL 31
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 32
SUPERSEDED TO THE EXTENT OF THE CONFLICT. 33
C. ALL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND THE 34
MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS. 35
SENATE BILL 238 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.