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2025-2026 Bill 5309: Interstate Teacher Mobility Compact - South Carolina Legislature Online
South Carolina General Assembly
126th Session, 2025-2026
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H. 5309
STATUS INFORMATION
General Bill
Sponsors: Reps. Erickson, Hartnett and Henderson-Myers
Document Path: LC-0599WAB26.docx
Introduced in the House on March 4, 2026
Currently residing in the House Committee on
Education and Public Works
Summary: Interstate Teacher Mobility Compact
HISTORY OF LEGISLATIVE ACTIONS
Date
Body
Action Description with journal page number
3/4/2026
House
Introduced and read first time (
House Journal-page 6
)
3/4/2026
House
Referred to Committee on
Education and Public Works
(
House Journal-page 6
)
4/2/2026
House
Committee report: Favorable
Education and Public Works
(
House Journal-page 20
)
4/13/2026
Scrivener's error corrected
4/14/2026
House
Member(s) request name added as sponsor: Hartnett
4/15/2026
House
Requests for debate-Rep(s). Frank, Harris,
Whhite, Edgerton, Beach, Cromer, Gilreath, D Mitchell (
House Journal-page 46
)
4/16/2026
House
Member(s) request name added as sponsor:
Henderson-Myers
4/23/2026
House
Debate adjourned (
House Journal-page 171
)
4/29/2026
House
Debate adjourned (
House Journal-page 155
)
5/7/2026
House
Debate adjourned (
House Journal-page 41
)
5/13/2026
House
Recommitted to Committee on
Education and Public Works
(
House Journal-page 182
)
View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/04/2026
04/02/2026
04/13/2026
Committee Report
April 2, 2026
H. 5309
Introduced
by Rep. Erickson
S. Printed 4/2/26--H. [SEC
4/13/2026 4:25 PM]
Read the first time March 4, 2026
________
The committee on House Education and
Public Works
To whom was referred a Bill (H. 5309) to amend
the South Carolina Code of Laws by adding Chapter 64 to Title 59 so as to enact
the "Interstate Teacher Mobility Compact," to provide the State of South, etc.,
respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
SHANNON ERICKSON for Committee.
_______
A
bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER
64 TO TITLE 59 so as to ENACT THE "INTERSTATE TEACHER MOBILITY COMPACT," TO
PROVIDE THE STATE OF SOUTH CAROLINA HEREBY ENTERS THE COMPACT WITH ANY AND ALL
STATES LEGALLY JOINING THEREIN ACCORDING TO THE TERMS OF THE COMPACT, AND TO
ADOPT THE TERMS OF THE COMPACT IN ITS SUBSTANTIAL FORM.
B
e it enacted by the
General Assembly of the State of South Carolina:
S
ECTION 1.
T
itle 59 of the S.C. Code is amended by adding:
C
HAPTER 64
I
nterstate Teacher Mobility Compact
S
ection
59-64-100
.
T
he General Assembly of the State of
South Carolina hereby enacts, and the State of South Carolina hereby enters
into, the Interstate Teacher Mobility Compact with any and all states legally
joining therein according to its terms, in the form substantially as follows:
I
nterstate Teacher Mobility Compact
A
rticle I
P
urpose
T
he purpose of this
compact is to facilitate the mobility of teachers across the member states,
with the goal of supporting teachers through a new pathway to licensure.
Through this compact, the member states seek to establish a collective
regulatory framework that expedites and enhances the ability of teachers to
move across state lines.
T
his compact is
intended to achieve the following objectives and should be interpreted
accordingly. The member states hereby ratify the same intentions by subscribing
hereto.
(
A)
Create a streamlined pathway to licensure mobility for teachers;
(
B)
Support the relocation of eligible military spouses;
(
C)
Facilitate and enhance the exchange of licensure, investigative, and
disciplinary information between the member states;
(
D)
Enhance the power of state and district level education officials to hire
qualified, competent teachers by removing barriers to the employment of
out-of-state teachers;
(
E)
Support the retention of teachers in the profession by removing barriers to
relicensure in a new state; and
(
F)
Maintain state sovereignty in the regulation of the teaching profession.
A
rticle II
D
efinitions
A
s used in this
compact, and except as otherwise provided, the following definitions shall
govern the terms herein:
(
A)
"Active military member" means any person with full-time duty status in the
armed forces of the United States, including members of the National Guard and
Reserve.
(
B)
"Adverse action" means any limitation or restriction imposed by a member
state's licensing authority, such as revocation, suspension, reprimand,
probation, or limitation on the licensee's ability to work as a teacher.
(
C)
"Bylaws" means those bylaws established by the commission.
(
D)
"Career and technical education license" means a current, valid authorization
issued by a member state's licensing authority allowing an individual to serve
as a teacher in P-12 public educational settings in a specific career and
technical education area.
(
E)
"Charter member states" means a member state that has enacted legislation to
adopt this compact where such legislation predates the initial meeting of the
commission after the effective date of the compact.
(
F)
"Commission" means the interstate administrative body which membership consists
of delegates of all states that have enacted this compact, and which is known
as the Interstate Teacher Mobility Compact Commission.
(
G)
"Commissioner" means the delegate of a member state.
(
H)
"Eligible license" means a license to engage in the teaching profession which
requires at least a bachelor's degree and the completion of a state approved
program for teacher licensure.
(
I)
"Eligible military spouse" means the spouse of any individual in full-time duty
status in the active armed forces of the United States including members of the
National Guard and Reserve moving as a result of a military mission or military
career progression requirements or are on their terminal move as a result of
separation or retirement (to include surviving spouses of deceased military
members).
(
J)
"Executive committee" means a group of commissioners elected or appointed to
act on behalf of, and within the powers granted to them by, the commission as
provided for herein.
(
K)
"Licensing authority" means an official, agency, board, or other entity of a
state that is responsible for the licensing and regulation of teachers
authorized to teach in P-12 public educational settings.
(
L)
"Member state" means any state that has adopted this compact, including all
agencies and officials of such a state.
(
M)
"Receiving state" means any state where a teacher has applied for licensure
under this compact.
(
N)
"Rule" means any regulation promulgated by the commission under this compact,
which shall have the force of law in each member state.
(
O)
"State" means a state, territory, or possession of the United States, and the
District of Columbia.
(
P)
"State practice laws" means a member state's laws, rules, and regulations that
govern the teaching profession, define the scope of such profession, and create
the methods and grounds for imposing discipline.
(
Q)
"State specific requirements" means a requirement for licensure covered in
coursework or examination that includes content of unique interest to the
state.
(
R)
"Teacher" means an individual who currently holds an authorization from a
member state that forms the basis for employment in the P-12 public schools of
the state to provide instruction in a specific subject area, grade level, or
student population.
(
S)
"Unencumbered license" means a current, valid authorization issued by a member
state's licensing authority allowing an individual to serve as a teacher in
P-12 public educational settings. An unencumbered license is not a restricted,
probationary, provisional, substitute or temporary credential.
A
rticle III
L
icensure under the Compact
(
A)
Licensure under this compact pertains only to the initial grant of a license by
the receiving state. Nothing herein applies to any subsequent or ongoing
compliance requirements that a receiving state might require for teachers.
(
B)
Each member state shall, in accordance with the rules of the commission,
define, compile, and update as necessary, a list of eligible licenses and
career and technical education licenses that the member state is willing to
consider for equivalency under this compact and provide the list to the
commission. The list shall include those licenses that a receiving state is
willing to grant to teachers from other member states, pending a determination
of equivalency by the receiving state's licensing authority.
(
C)
Upon the receipt of an application for licensure by a teacher holding an
unencumbered eligible license, the receiving state shall determine which of the
receiving state's eligible licenses the teacher is qualified to hold and shall
grant such a license or licenses to the applicant. Such a determination shall
be made in the sole discretion of the receiving state's licensing authority and
may include a determination that the applicant is not eligible for any of the
receiving state's eligible licenses. For all teachers who hold an unencumbered
license, the receiving state shall grant one or more unencumbered license(s)
that, in the receiving state's sole discretion, are equivalent to the
license(s) held by the teacher in any other member state.
(
D)
For active military members and eligible military spouses who hold a license
that is not unencumbered, the receiving state shall grant an equivalent license
or licenses that, in the receiving state's sole discretion, is equivalent to
the license or licenses held by the teacher in any other member state, except
where the receiving state does not have an equivalent license.
(
E)
For a teacher holding an unencumbered career and technical education license,
the receiving state shall grant an unencumbered license equivalent to the
career and technical education license held by the applying teacher and issued
by another member state, as determined by the receiving state in its sole
discretion, except where a career and technical education teacher does not hold
a bachelor's degree and the receiving state requires a bachelor's degree for
licenses to teach career and technical education. A receiving state may require
career and technical education teachers to meet state industry recognized
requirements, if required by law in the receiving state.
A
rticle IV
L
icensure not under the Compact
(
A)
Except as provided in Article III above, nothing in this compact shall be
construed to limit or inhibit the power of a member state to regulate licensure
or endorsements overseen by the member state's licensing authority.
(
B)
When a teacher is required to renew a license received pursuant to this
compact, the state granting such a license may require the teacher to complete
state specific requirements as a condition of licensure renewal or advancement
in that state.
(
C)
For the purposes of determining compensation, a receiving state may require
additional information from teachers receiving a license under the provisions
of this compact.
(
D)
Nothing in this compact shall be construed to limit the power of a member state
to control and maintain ownership of its information pertaining to teachers, or
limit the application of a member state's laws or regulations governing the
ownership, use, or dissemination of information pertaining to teachers.
(
E)
Nothing in this compact shall be construed to invalidate or alter any existing
agreement or other cooperative arrangement which a member state may already be
a party to or limit the ability of a member state to participate in any future
agreement or other cooperative arrangement to:
(
1)
Award teaching licenses or other benefits based on additional professional
credentials, including, but not limited to, National Board Certification;
(
2)
Participate in the exchange of names of teachers whose license has been subject
to an adverse action by a member state; or
(
3)
Participate in any agreement or cooperative arrangement with a non-member
state.
A
rticle V
T
eacher Qualifications and Requirements for Licensure
under the Compact
(
A) Except as
provided for active military members or eligible military spouses in Article
III.(D) above, a teacher may only be eligible to receive a license under this
compact where that teacher holds an unencumbered license in a member state.
(
B) A teacher
eligible to receive a license under this compact shall, unless otherwise
provided for herein:
(
1) Upon
their application to receive a license under this compact, undergo a criminal
background check in the receiving state in accordance with the laws and
regulations of the receiving state; and
(
2) Provide
the receiving state with information in addition to the information required
for licensure for the purposes of determining compensation, if applicable.
A
rticle VI
D
iscipline / Adverse Actions
(
A) Nothing in
this compact shall be deemed or construed to limit the authority of a member
state to investigate or impose disciplinary measures on teachers according to
the state practice laws thereof.
(
B) Member
states shall be authorized to receive, and shall provide, files and information
regarding the investigation and discipline, if any, of teachers in other member
states upon request. Any member state receiving such information or files shall
protect and maintain the security and confidentiality thereof, in at least the
same manner that it maintains its own investigatory or disciplinary files and
information. Prior to disclosing any disciplinary or investigatory information
received from another member state, the disclosing state shall communicate its
intention and purpose for such disclosure to the member state which originally
provided that information.
A
rticle VII
E
stablishment of the Interstate Teacher Mobility
Compact Commission
(
A) The
interstate compact member states hereby create and establish a joint public
agency known as the Interstate Teacher Mobility Compact Commission.
(
1) The
commission is a joint interstate governmental agency comprised of states that
have enacted the Interstate Teacher Mobility Compact.
(
2) Nothing
in this interstate compact shall be construed to be a waiver of sovereign
immunity.
(
B) Membership,
Voting, and Meetings:
(
1) Each
member state shall have and be limited to one (1) delegate to the commission,
who shall be given the title of commissioner.
(
2) The
commissioner shall be the primary administrative officer of the state licensing
authority or their designee.
(
3) Any
commissioner may be removed or suspended from office as provided by the law of
the state from which the commissioner is appointed.
(
4) The
member state shall fill any vacancy occurring in the commission within 90 days.
(
5) Each
commissioner shall be entitled to one (1) vote about the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission. A commissioner shall vote in
person or by such other means as provided in the bylaws. The bylaws may provide
for commissioners' participation in meetings by telephone or other means of
communication.
(
6) The
commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
(
7) The
commission shall establish by rule a term of office for commissioners.
(
C) The
commission shall have the following powers and duties:
(
1)
Establish a code of ethics for the commission.
(
2)
Establish the fiscal year of the commission.
(
3)
Establish bylaws for the commission.
(
4) Maintain
its financial records in accordance with the bylaws of the commission.
(
5) Meet and
take such actions as are consistent with the provisions of this interstate
compact, the bylaws, and rules of the commission.
(
6)
Promulgate uniform rules to implement and administer this interstate compact.
The rules shall have the force and effect of law and shall be binding in all
member states. In the event the commission exercises its rulemaking authority
in a manner that is beyond the scope of the purposes of the compact, or the
powers granted hereunder, then such an action by the commission shall be
invalid and have no force and effect of law.
(
7) Bring
and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any member state licensing authority to sue or be
sued under applicable law shall not be affected.
(
8) Purchase
and maintain insurance and bonds.
(
9) Borrow,
accept, or contract for services of personnel, including, but not limited to,
employees of a member state, or an associated non-governmental organization
that is open to membership by all states.
(
10) Hire
employees, elect, or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the
compact, and establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other
related personnel matters.
(
11) Lease,
purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve, or use, any property, real, personal or mixed, provided that at all
times the commission shall avoid any appearance of impropriety.
(
12) Sell,
convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property real, personal, or mixed.
(
13)
Establish a budget and make expenditures.
(
14) Borrow
money.
(
15)
Appoint committees, including standing committees composed of members and such
other interested persons as may be designated in this interstate compact,
rules, or bylaws.
(
16)
Provide and receive information from, and cooperate with, law enforcement
agencies.
(
17)
Establish and elect an executive committee.
(
18)
Establish and develop a charter for an executive information governance
committee to advise on facilitating exchange of information; use of
information, data privacy, and technical support needs, and provide reports as
needed.
(
19)
Perform such other functions as may be necessary or appropriate to achieve the
purposes of this interstate compact consistent with the state regulation of
teacher licensure.
(
20)
Determine whether a state's adopted language is materially different from the
model compact language such that the state would not qualify for participation
in the compact.
(
D) The
executive committee of the interstate teacher mobility compact commission:
(
1) The
executive committee shall have the power to act on behalf of the commission
according to the terms of this interstate compact.
(
2) The
executive committee shall be composed of eight voting members:
(
a) The
commission chair, vice chair, and treasurer; and
(
b) Five
members who are elected by the commission from the current membership:
(
i)
Four voting members representing geographic regions in accordance with
commission rules; and
(
ii)
One at-large voting member in accordance with commission rules.
(
3) The
commission may add or remove members of the executive committee as provided in
commission rules.
(
4) The
executive committee shall meet at least once annually.
(
5) The
executive committee shall have the following duties and responsibilities:
(
a)
Recommend to the entire commission changes to the rules or bylaws, changes to
the compact legislation, fees paid by interstate compact member states such as
annual dues, and any compact fee charged by the member states on behalf of the
commission.
(
b)
Ensure commission administration services are appropriately provided,
contractual or otherwise.
(
c)
Prepare and recommend the budget.
(
d)
Maintain financial records on behalf of the commission.
(
e)
Monitor compliance of member states and provide reports to the commission.
(
f)
Perform other duties as provided in rules or bylaws.
(
E) Meetings of
the Commission:
(
1) All
meetings shall be open to the public, and public notice of meetings shall be
given in accordance with commission bylaws.
(
2) The
commission or the executive committee or other committees of the commission may
convene in a closed, non-public meeting if the commission or executive
committee or other committees of the commission must discuss:
(
a)
Non-compliance of a member state with its obligations under the compact.
(
b) The
employment, compensation, discipline or other matters, practices or procedures
related to specific employees or other matters related to the commission's
internal personnel practices and procedures.
(
c)
Current, threatened, or reasonably anticipated litigation.
(
d)
Negotiation of contracts for the purchase, lease, or sale of goods, services,
or real estate.
(
e)
Accusing any person of a crime or formally censuring any person.
(
f)
Disclosure of trade secrets or commercial or financial information that is
privileged or confidential.
(
g)
Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
(
h)
Disclosure of investigative records compiled for law enforcement purposes.
(
i)
Disclosure of information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant
to the compact.
(
j)
Matters specifically exempted from disclosure by federal or member state
statute.
(
k)
Others matters as set forth by commission bylaws and rules.
(
3) If a
meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
(
4) The
commission shall keep minutes of commission meetings and shall provide a full
and accurate summary of actions taken, and the reasons therefore, including a
description of the views expressed. All documents considered in connection with
an action shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a majority vote
of the commission or order of a court of competent jurisdiction.
(
F) Financing
of the commission:
(
1) The
commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
(
2) The
commission may accept all appropriate donations and grants of money, equipment,
supplies, materials, and services, and receive, utilize, and dispose of the
same, provided that at all times the commission shall avoid any appearance of
impropriety or conflict of interest.
(
3) The
commission may levy on and collect an annual assessment from each member state
or impose fees on other parties to cover the cost of the operations and
activities of the commission, in accordance with the commission rules.
(
4) The
commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of
the member states, except by and with the authority of the member state.
(
5) The
commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to accounting
procedures established under commission bylaws. All receipts and disbursements
of funds of the commission shall be reviewed annually in accordance with
commission bylaws, and a report of the review shall be included in and become
part of the annual report of the commission.
(
G) Qualified
Immunity, Defense, and Indemnification:
(
1) The
members, officers, executive director, employees and representatives of the
commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual
or alleged act, error or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of commission employment, duties or responsibilities; provided that
nothing in this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person.
(
2) The
commission shall defend any member, officer, executive director, employee, or
representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties, or
responsibilities, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining his or her own counsel; and
provided further, that the actual or alleged act, error, or omission did not
result from that person's intentional or willful or wanton misconduct.
(
3) The
commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative of the commission for the amount of any
settlement or judgment obtained against that person arising out of any actual
or alleged act, error or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of commission employment, duties,
or responsibilities, provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or wanton misconduct of
that person.
A
rticle VIII
R
ulemaking
(
A) The
commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this interstate compact and the rules adopted thereunder. Rules and
amendments shall become binding as of the date specified in each rule or
amendment.
(
B) The
commission shall promulgate reasonable rules to achieve the intent and purpose
of this interstate compact. In the event the commission exercises its
rulemaking authority in a manner that is beyond purpose and intent of this
interstate compact, or the powers granted hereunder, then such an action by the
commission shall be invalid and have no force and effect of law in the member
states.
(
C) If a
majority of the legislatures of the member states rejects a rule, by enactment
of a statute or resolution in the same manner used to adopt the compact within
four (4) years of the date of adoption of the rule, then such rule shall have
no further force and effect in any member state.
(
D) Rules or
amendments to the rules shall be adopted or ratified at a regular or special
meeting of the commission in accordance with commission rules and bylaws.
(
E) Upon
determination that an emergency exists, the commission may consider and adopt
an emergency rule with 48 hours' notice, with opportunity to comment, provided
that the usual rulemaking procedures shall be retroactively applied to the rule
as soon as reasonably possible, in no event later than ninety (90) days after
the effective date of the rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately in order to:
(
1) Meet an
imminent threat to public health, safety, or welfare.
(
2) Prevent
a loss of commission or member state funds.
(
3) Meet a
deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
(
4) Protect
public health and safety.
A
rticle IX
F
acilitating Information Exchange
(
A) The
commission shall provide for facilitating the exchange of information to
administer and implement the provisions of this compact in accordance with the
rules of the commission, consistent with generally accepted data protection
principles.
(
B) Nothing in
this compact shall be deemed or construed to alter, limit, or inhibit the power
of a member state to control and maintain ownership of its licensee information
or alter, limit, or inhibit the laws or regulations governing licensee
information in the member state.
A
rticle X
O
versight, Dispute Resolution, and Enforcement
(
A) Oversight:
(
1) The
executive and judicial branches of state government in each member state shall
enforce this compact and take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions of this compact
shall have standing as statutory law.
(
2) Venue is
proper and judicial proceedings by or against the commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal
office of the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing herein shall affect or
limit the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct or any such similar matter.
(
3) All
courts and all administrative agencies shall take judicial notice of the
compact, the rules of the commission, and any information provided to a member
state pursuant thereto in any judicial or quasi-judicial proceeding in a member
state pertaining to the subject matter of this compact, or which may affect the
powers, responsibilities, or actions of the commission.
(
4) The
commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact and shall have
standing to intervene in such a proceeding for all purposes. Failure to provide
the commission service of process shall render a judgment or order void as to
the commission, this compact, or promulgated rules.
(
B) Default,
Technical Assistance, and Termination:
(
1) If the
commission determines that a member state has defaulted in the performance of
its obligations or responsibilities under this compact or the promulgated
rules, the commission shall:
(
a)
Provide written notice to the defaulting state and other member states of the
nature of the default, the proposed means of curing the default or any other
action to be taken by the commission; and
(
b)
Provide remedial training and specific technical assistance regarding the
default.
(
2) If a
state in default fails to cure the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the
commissioners of the member states, and all rights, privileges and benefits
conferred on that state by this compact may be terminated on the effective date
of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
(
3)
Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the commission to the governor, the majority and
minority leaders of the defaulting state's legislature, the state licensing
authority and each of the member states.
(
4) A state
that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including
obligations that extend beyond the effective date of termination.
(
5) The
commission shall not bear any costs related to a state that is found to be in
default or that has been terminated from the compact, unless agreed upon in
writing between the commission and the defaulting state.
(
6) The
defaulting state may appeal the action of the commission by petitioning the U.S.
District Court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing party shall be awarded all
costs of such litigation, including reasonable attorney's fees.
(
C) Dispute
Resolution:
(
1) Upon
request by a member state, the commission shall attempt to resolve disputes
related to the compact that arise among member states and between member and
non-member states.
(
2) The
commission shall promulgate a rule providing for both binding and non-binding
alternative dispute resolution for disputes as appropriate.
(
D) Enforcement:
(
1) The
commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
(
2) By
majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the
commission has its principal offices against a member state in default to
enforce compliance with the provisions of the compact and its promulgated rules
and bylaws. The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney's fees. The
remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
A
rticle XI
E
ffectuation, Withdrawal, and Amendment
(
A) The compact
shall come into effect on the date on which the compact statute is enacted into
law in the tenth member state.
(
1) On or
after the effective date of the compact, the commission shall convene and
review the enactment of each of the charter member states to determine if the
statute enacted by each such charter member state is materially different from
the model compact statute.
(
2) A
charter member state whose enactment is found to be materially different from
the model compact statute shall be entitled to the default process set forth in
Article X.
(
3) Member
states enacting the compact subsequent to the charter member states shall be
subject to the process set forth in Article VII.(C)(20) to determine if their
enactments are materially different from the model compact statute and whether
they qualify for participation in the compact.
(
B) If any
member state is later found to be in default, or is terminated or withdraws
from the compact, the commission shall remain in existence and the compact
shall remain in effect even if the number of member states should be less than
ten.
(
C) Any state
that joins the compact after the commission's initial adoption of the rules and
bylaws shall be subject to the rules and bylaws as they exist on the date on
which the compact becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect of law on the
day the compact becomes law in that state, as the rules and bylaws may be
amended as provided in this compact.
(
D) Any member
state may withdraw from this compact by enacting a statute repealing the same.
(
1) A member
state's withdrawal shall not take effect until six (6) months after enactment
of the repealing statute.
(
2)
Withdrawal shall not affect the continuing requirement of the withdrawing
state's licensing authority to comply with the investigative and adverse action
reporting requirements of this act prior to the effective date of withdrawal.
(
E) This
contract may be amended by the member states. No amendment to this compact
shall become effective and binding upon any member state until it is enacted
into the laws of all member states.
A
rticle XII
C
onstruction and Severability
T
his compact shall be
liberally construed to effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause, sentence, or provision of
this compact is declared to be contrary to the constitution of any member state
or a state seeking membership in the compact, or of the United states or the
applicability thereof to any other government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person, or circumstance shall
not be affected thereby. If this compact shall be held contrary to the
constitution of any member state, the compact shall remain in full force and
effect as to the remaining member states and in full force and effect as to the
member state affected as to all severable matters.
A
rticle XIII
C
onsistent Effect and Conflict with Other State Laws
(
A) Nothing
herein shall prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the compact.
(
B) Any laws,
statutes, regulations, or other legal requirements in a member state in
conflict with the compact are superseded to the extent of the conflict.
(
C) All
permissible agreements between the commission and the member states are binding
in accordance with their terms.
S
ECTION 2. This act takes effect upon approval
by the Governor.
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This web page was last updated on April 13, 2026 at 4:26 PM