Interstate compact on students of military families.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0506

HOUSE BILL
NO.
HB0161

Interstate compact on students of military families.

Sponsored by:
Representative(s) Illoway and Senator(s) Hastert and Johnson

A BILL

for

AN ACT relating to
education; providing for an interstate compact on educational opportunity for military children; facilitating enrollment and placement of children of military families; providing for involvement in an interstate commission;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
‑
24
‑
101 through 21
‑
24
‑
118 are created to read:

CHAPTER 24
INTERSTATE
COMPACT ON
STUDENTS OF MILITARY FAMILIES

21
‑
24
‑
101.

Purpose.

(a)

It is the purpose of this compact to remove
barriers to educational success
imposed on children of military families because of frequent moves and deployment of their parents by:

(i)

Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school distri
ct
or variations in entr
ance
-
age requirements;

(ii)

Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading
, course content or assessment;

(iii)

Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic and
social activities;

(iv)

Facilitating the on-time graduation of
children of military families;

(v)

Providing for the promulgation and enforcement of administrative rules implementing
the provisions of this compact;

(vi)

Providing for the uniform collection and sharing of information between and among member states, schools and military families under this comp
act;

(vii)

P
romoting coordination between this compact and other compacts
affecting military children;

(viii)

Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

21
‑
24
‑
102.

Definitions.

(a)

As used in this compact, unless the context clearly requires a different
construction:

(i)

"
Active duty
"
means
full-time duty
status in the active uniformed
service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C.
s
ection 1209
and 1211;

(ii)

"
Children of military families
"
means school-aged children, enrolled in
kindergarten through t
welfth grade, in the household of an
active duty member;

(iii)

"
Compact commissioner
"
means the voting representative of each compacting state appointed pursuant
to W.S. 21
‑
24
‑
108;

(iv)

"
Deployment
"
means the period one (1) month prior to the service members
'
departure from their home station on military orders though six (6) months afte
r return to their home station;

(v)

"
Education
al records
"
means those official records, files
and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student
'
s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols and individualized
education programs;

(vi)

"
Extracurricular activities
"
means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency.

Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club
activities;

(vii)

"
Interstate commission
on
e
ducational
o
pportunity for
m
ilitary
c
hildren
"
means the commission that is created under
W.S. 21
‑
14
‑
109
, which is generally referr
ed to as interstate commission;

(viii)

"
Local education agency
"
means a public authority legally constituted by the state as an administrative agency to provide control of and direction for
k
indergarten through
t
welfth grade public educational institutions
;

(ix)

"
Member state
"
means a state that has enacted this compact
;

(x)

"
Military installation
"
means a base, camp, post, station, yard, center, homeport facility for any ship or other activity under the jurisdiction of the
d
epartment of
d
efense, including any leased facility, which is located within any of the several
s
tates, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S.
t
erritory.

The
term does not include any facility used primarily for civil works, rivers and harbors projects or flood control projects
;

(xi)

"
Nonmember state
"
means a state that has not enacted this compact
;

(xii)

"
Receiving state
"
means the state to which a child of a military family is sent, brought or caused to be sent or brought
;

(xiii)

"
Rule
"
means a written statement by
the interstate commission
promulgated pursuant to
W.S. 21
‑
24
‑
112
that is of general applicability, implements, interprets or prescribes a policy or provision of the
c
ompact, or an organizational, procedural or practice requirement of
the interstate commission
, and has the force and effect of statutory law in a member state and includes the amendment,

repeal or suspension of an existing rule
;

(xiv)

"
Sending state
"
means the state from which a child of a military family is sent, brought or caused to be sent or brought
;

(xv)

"
State
"
means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S.
t
erritory
;

(xvi)

"
Student
"
means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in
k
indergarten through
t
welfth grade
;

(xvii)

"
Transition
"
means
:

(A)

T
he formal and physical process of transferring from school to school
;
or

(B)

T
he period of time in which a student moves from one
(1)
school in the sending state to another school in the receiving
s
tate.

(xviii)

"
Uniformed service
"
means the
a
rmy,
n
avy,
a
ir
f
orce,
m
arine
c
orps,
c
oast
g
uard as well as the
c
ommissioned
c
orps of the
n
ational
o
ceanic and
a
tmospheric
administration
and
p
ublic
h
ealth
s
ervices
;

(xix)

"
Veteran
"
means a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable.

21
‑
24
‑
1
03.

Applicability.

(a)

Except as otherwise provided in
subsection (b) of this section
, this compact shall apply to the children of:

(i)

A
ctive duty members of the uniformed services as defined in this compact, including members of the
n
ational
g
uard and
r
eserve on active duty orders pursuant to 10 U.S.C.
s
ection
s
1209 and 1211;

(ii)

M
embers or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and

(iii)

M
embers of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.

(b)

The provisions of this
interstate
compact shall only apply to local education agencies as defined in this compact.

(c)

The provisions of this compact shall not apply to the children of:

(i)

I
nactive members of the national guard and military reserves;

(ii)

M
embers of the uniformed services now retired, except as provided in
subsection (a) of this section
;

(iii)

V
eterans of the uniformed services, except as provided in
subs
ection
(a) of this section
; and

(iv)

O
ther
U
nited States

d
epa
rtment
of
d
efense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

21
‑
24
‑
10
4
.

Educational records and enrollment.

(a)

In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by
the interstate commission
.

Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

(b)

Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student
'
s official education record from the school in the sending state.

Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by
the interstate commission
.

(c)

Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by
the interstate commission
, for students to obtain any immunization required by the receiving state.

For a series of immunizations, initial vaccinations
shall
be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by
the interstate commission
.

(d)

Students shall be allowed to continue their enrollment at grade level in the receiving state comme
nsurate with their grade level,
including
kindergarten,
from a local education agency in the sending state at the time of transition, regardless of age.

A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age.

A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

21
‑
24
‑
105.

Placement and attendance.

(a)

When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student
'
s enrollment in the sending state school and educational assessments conducted at the school in the sending state if the courses are offered.

Course placement includes but is not limited to
h
onors,
i
nternational
b
accalaureate,
a
dvanced
p
lacement, vocational, technical and career pathways courses.

Continuing the student
'
s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This
subsection
does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses.

(b)

The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation
-
placement in like programs in the sending state.

Such programs include, but are not limited to gifted and talented programs
and

E
nglish as a second language (ESL).

This
subsection
does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

(c)

In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A.
s
ection 1400 et seq
.
, the receiving state shall initially provide comparable services to a student with disabilities based on his current
i
ndividualized
e
ducation
p
rogram (IEP)
.
In compliance with the requirements of
s
ection 504 of the Rehabilitation Act, 29 U.S.C.A.
s
ection 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A.
s
ections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education.

This
subsection
does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

(d)

Local education agency administrative officials shall have flexibility in waiving course
-
program prerequisites or other preconditions for placement in courses
-
programs offered under the jurisdiction of the local education agency.

(e)

A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact and has been called to duty for
,
is on leave from or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his parent or legal guardian relative to such leave or deployment of the parent or guardian.

21
‑
24
‑
106.

Eligibility.

(a)

Eligibility for enrollment
shall be as follows:

(i)

Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parent
al participation and consent;

(ii)

A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent;

(iii)

A transitioning military chil
d, placed in the care of a non
custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he was enrolled while residing with the custodial parent.

(b)

State and local education agencies shall facilitate the opportunity for transitioning military children
'
s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

21
‑
24
‑
107.

Graduation.

(a)

In order to facilitate the on-time graduation of children of military families
,
states and local education agencies shall incorporate the following procedures:

(i)

Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial.

Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation
may occur on time;

(ii)

States shall accept:

(A)

E
xit or end-of-course exams required for graduation from the sending state;

(B)

N
ational n
orm-
referenced achievement tests
;
or

(C)

A
lternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his
s
enior year, then the provisions of
W.S. 21
‑
24
‑
107(c)
shall apply.

(iii)

Should a military student transferring at the beginning or during his
s
enior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency.

In the event that one
(1)
of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with
paragraphs (a)(i) and (ii) of this subsection
.

21
‑
24
‑
108.

State coordination.

(a)

Each member state shall, through the creation of a
state council
or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state
'
s participation in, and compliance with, this compact and
i
nterstate commission
activities. While each member state may determine the membership of its own
state council
, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one
(1)
representative each from the legislative and executive branches of government and other offices and stakeholder groups the
state council
deems appropriate.

A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the
state council
.

(b)

The
state council
of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

(c)

The compact commissioner responsible for the administration and management of the state
'
s participation in the compact shall be appointed by the
g
overnor or as otherwise determined by each member state.

(d)

The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the
state council
, unless either is already a full voting member of the
state council
.

21
‑
24
‑
109.

Interstate commission on educational opportunity for military children.

(a)

The member states hereby create the
"
Interstate
C
ommission
on Educational Opportunity for Military Children.
"

The activities of
the interstate commission
are the formation of public policy and are a discretionary state function.

(b)

The interstate commission
shall:

(i)

Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance
with the terms of this compact;

(ii)

Consist of one
(1)
i
nterstate commission
voting representative from each member state who shall be that state
'
s compact commissioner
subject to the following:

(A)

Each member state represented at a meeting of
the interstate commission
is entitled to one
(1)
vote
;

(B)

A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of
the interstate commission;

(C)

A representative shall not delegate a vote to another member state.

In the event the compact commissioner is unable to attend a meeting of
the interstate commission
, the
g
overnor or
state council
may delegate voting authority to another person from their
state for a specified meeting;

(D)

The bylaws may provide for meetings of
the interstate commission
to be conducted by telecommunication or electronic communication.

(iii)

Consist of ex-officio, nonvoting representatives who are members of interested organizations.

Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the
United States

d
epartment of
d
efense, the
education commission of the s
tates,
the interstate

a
greement on the
q
ualification of
e
ducational
p
ersonnel and other
interstate
compacts affecting the education of children of military members
;

(iv)

Meet at least once each calendar year.

The chairperson may call additional meetings and, upon the request of a simple majority of the member states,
shall call additional meetings;

(v)

Establish an executive committee whose members shall include the officers of
the interstate commission
and such other members of
the interstate commission
as determined by the bylaws.

Members of the executive committee shall serve a one
(1)
year term.

Members of the executive committee shall be entitled to one
(1)
vote each.

The executive committee shall have the power to act on behalf of
the interstate commission
, with the exception of rulemaking, during periods when
the interstate commission
is not in session.

The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules and other such duties as deemed necessary.

The
United States
department of defense
shall serve as an ex-officio, nonvoting mem
ber of the executive committee;

(vi)

Establish bylaws and rules that provide for conditions and procedures under which
the interstate commission
shall make its information and official records available to the public for inspection or copying.
The interstate commission
may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests
;

(vii)

Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact.

The interstate commission
and its committees may close a meeting, or portion thereof, where it determines by two-thirds
(2/3)
vote that an open meeting would be likely to:

(A)

Relate solely to
the interstate commission
'
s internal personnel
practices and procedures;

(B)

Disclose matters specifically exempted from disclosure by
federal and state statute;

(C)

Disclose trade secrets or commercial or financial information which
is privileged or confidential;

(D)

Involve accusing a person of a crime, or formally censuring a p
erson;

(E)

Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(F)

Disclose investigative records compiled for law enforcement purposes; or

(G)

Specifically relate to
the interstate commission
'
s participation in a civil action or other legal proceeding.

(viii)

Shall cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision.
The interstate commission
shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote.

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 vo
te of the interstate commission;

(ix)

Shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as iden
tified in the bylaws and rules;

(x)

Shall create a process that permits military officials, education officials and parents to inform
the interstate commission
if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency.

This section shall not be construed to create a private right of action against
the interstate commission
or any member state.

21
‑
24
‑
110.

Powers and duties of the interstate commission.

(a)

The interstate commission
s
hall have the following powers:

(i)

To provide for dispute resolution among member states
;

(ii)

To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact.

The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact
;

(iii)

To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of
the interstate
compact, its bylaws, rules and actions
;

(iv)

To enforce compliance with the compact provisions, the rules promulgated by
the interstate commission
, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process
;

(v)

To establish and maintain offices which shall be located within one
(1)
or

more of the member states
;

(vi)

To purchase and maintain insurance and bonds
;

(vii)

To borrow, accept, hire or contract for services of personnel
;

(viii)

To establish and appoint committees including, but not limited to, an executive committee as required by
W.S. 21
‑
24
‑
209
, which shall have the power to act on behalf of
the interstate commission
in carrying out i
ts powers and duties hereunder;

(ix)

To elect or appoint such officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications and to establish
the interstate commission
'
s personnel policies and programs relating to conflicts of interest, rates of compensation a
nd qualifications of personnel;

(x)

To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of it
;

(xi)

To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed
;

(xii)

To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed
;

(xiii)

To establish a budget and make expenditures
;

(xiv)

To adopt a seal and bylaws governing the management and operation of
the interstate commission;

(xv)

To report annually to the legislatures, governors, judiciary and
state council
s of the member states concerning the activities of
the interstate commission
during the preceding year.

Such reports shall also include any recommendations that may have been adopted by
the interstate commission;

(xvi)

To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity
;

(xvii)

To establish uniform standards for the reporting, collecting and exchanging of data
;

(xviii)

To maintain corporate books and records in accordance with the bylaws
;

(xix)

To perform such functions as may be necessary or appropriate to achieve the purposes of this compact
;

(xx)

To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

21
‑
24
‑
111.

Organization and operation of the interstate commission.

(a)

The interstate commission
shall, by a majority of the members present and voting, within
twelve (
12
)
months after the first
interstate commission
meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but
not limited to:

(i)

Establishing the fiscal year of
the interstate commission
;

(ii)

Establishing an executive committee, and such other committees as may be necessary;

(iii)

Providing for the establishment of committees and for governing any general or specific delegation of authority or function of
the interstate commission
;

(iv)

Providing reasonable procedures for calling and conducting meetings of
the interstate commission
, and ensuring reasonable notice of each such meeting;

(v)

Establishing the titles and responsibilities of the officers and staff of
the interstate commission
;

(vi)

Providing a mechanism for concluding the operations of
the interstate commission
and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations
;

(vii)

Providing
"
start up
"
rules for initial administration of the compact.

(b)

The interstate commission
shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws.

The chairperson or, in the chairperson
'
s absence or disability, the vice-chairperson, shall preside at all meetings of
the interstate commission
. The officers so elected shall serve without compensation or remuneration from
the interstate commission,
provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officer
s of the interstate commission.

(c)

Executive
c
ommittee,
o
fficers and
p
ersonnel
:

(i)

The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

(A)

Managing the affairs of
the interstate commission
in a manner consistent with the bylaws and purposes of
the interstate commission
;

(B)

Overseeing an organizational structure within, and appropriate procedures for
the interstate commission
to provide for the creation of rules, operating procedures and administrative and technical support functions; and

(C)

Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of
the interstate commission
.

(ii)

The executive committee may, subject to the approval of
the interstate commission
, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as
the interstate commission
may deem appropriate.

The executive director shall serve as secretary to
the interstate commission
, but shall not be a
m
ember of
the interstate commission
.

The executive director shall hire and supervise such other persons as may be authorized by
the interstate commission.

(d)

The interstate commission
'
s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of
interstate commission
employment, duties or responsibilities
,
provided, that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person
:

(i)

The liability of
the interstate commission
'
s executive director and employees or
i
nterstate commission
representatives, acting within the scope of such person
'
s employment or duties for acts, errors or omissions occurring within such person
'
s state may not exceed the limits of
liability set forth under the c
onstitution and laws of that state for state officials,

employees and agents.
The interstate commission
is considered to be an instrumentality of the states for the purposes of any such action.

Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person
;

(ii)

The interstate commission
shall defend the executive director and its employees and, subject to the approval of the
a
ttorney
g
eneral or other appropriate legal counsel of the member state represented by an
interstate commission
representative, shall defend such
interstate commission
representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of
i
nterstate commission
employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of
interstate commission
employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person
;

(iii)

To the extent not covered by the state involved, member state or
the interstate commission
, the representatives or employees of
the interstate commission
shall be held harmless in the amount of a settlement or judgment, including attorney
'
s fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of
interstate commission
employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of
interstate commission
employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

21
‑
24
‑
112.

Rulemaking functions of the interstate commission.

(a)

The interstate commission
shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this
c
ompact.

Notwithstanding the foregoing, in the event
the interstate commission
exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this
a
ct or the powers granted hereunder, then such an action by
the interstate commission
shall be invalid and have no force or effect.

(b)

Rules shall be made pursuant to a rulemaking process that substantially conforms to the
"
Model State Administrative Procedure Act,
"
of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operation
s of the interstate commission.

(c)

Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule
,
provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success.

The court shall give deference to the actions of
the interstate commission
consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of
the interstate commission
'
s authority.

(d)

If a majority of the legislatures of the compacting states rejects a
r
ule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

21
‑
24
‑
113.

Oversight, enforcement and dispute resolution.

(a)

Oversight
:

(i)

The executive, legislative and judicial branches of state government
s
in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact
'
s purposes and intent.

The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law
;

(ii)

All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of
the interstate commission;

(iii)

The interstate commission
shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

Failure to provide service of process to
the interstate commission
shall render a judgment or order void as to
the interstate commission
, this compact or promulgated rules.

(b)

If
the interstate commission
determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules,
the interstate commission
shall:

(i)

Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by
the interstate commission
.

The interstate commission
shall specify the conditions by which the defaulti
ng state must cure its default;

(ii)

Provide remedial training and specific technical assistance regarding the default
;

(iii)

If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from 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 the default
;

(iv)

Suspension or 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 interstate commission
to the
g
overnor, the majority and minority leaders of the defaulting state
'
s legislature, and each of the member states
;

(v)

The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination
;

(vi)

The interstate commission
shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between
the interstate commission
and the defaulting state
;

(vii)

The defaulting state may appeal the action of
the interstate commission
by petitioning the
U
nited
S
tates

d
istrict
c
ourt for the
District of Columbia
or the federal district where
the interstate commission
has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney
'
s fees.

(c)

Dispute
r
esolution
:

(i)

The interstate commission
shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states
;

(ii)

The interstate commission
shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(d)

Enforcement
:

(i)

The interstate commission
, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact
;

(ii)

The interstate commission
, may by majority vote of the members, initiate legal action in the United State
s

d
istrict
c
ourt for the District of Columbia or, at the discretion of
the interstate commission
, in the federal district where
the interstate commission
has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default.

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
;

(iii)

The remedies herein shall not be the exclusive remedies of
the interstate commission
.
The interstate commission
may avail itself of any other remedies available under state law or the regulation of a profession.

21
‑
24
‑
114.

Financing of the interstate commission.

(a)

The interstate commission
shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(b)

In accordance with the funding limit established in subsection (e) of this section, t
he interstate commission
may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of
the interstate commission
and its staff which must be in a total amount sufficient to cover
the interstate commission
'
s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by
the interstate commission
, which shall promulgate a rule binding upon all member states.

(c)

The interstate commission
shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall
the interstate commission
pledge the credit of any of the member states, except by and with the authority of the member state.

(d)

The interstate commission
shall keep accurate accounts of all receipts and disbursements.

The receipts and disbursements of
the interstate commission
shall be subject to the audit and accounting procedures established under its bylaws.

However, all receipts and disbursements of funds handled by
the interstate commission
shall by audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of
the interstate commission
.

(e)

The interstate commission may not assess, levy or collect more than five thousand dollars ($5,000.00) per year from
Wyoming
legislation appropriations. Other funding sources may be accepted and used to offset expenses related to the state
'
s participation in the compact.

21
‑
24
‑
115.

Member states; effective date; amendment.

(a)

Any state is eligible to become a member state.

(b)

The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states.

The effective date shall be no earlier than December 1, 2007.

Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state.

The governors of nonmember states or their designees shall be invited to participate in the activities of
the interstate commission
on a nonvoting basis prior to adoption of the compact by all states.

(c)

The interstate commission
may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon
the interstate commission
and the member states unless and until it is enacted into law by unanimous consent of the member states.

21
‑
24
‑
116.

Withdrawal and dissolution.

(a)

Withdrawal
:

(i)

Once effective, the compact shall continue in force and remain binding upon each and every member state provided that a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law
;

(ii)

Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the
g
overnor of each other member jurisdiction
;

(iii)

The withdrawing state shall immediately notify the chairperson of
the interstate commission
in writing upon the introduction of legislation repealing this compact in the withdrawing state.

The interstate commission
shall notify the other member states of the withdrawing state
'
s intent to withdraw within sixty (6
0) days of its receipt thereof;

(iv)

The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal
;

(v)

Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by
the interstate commission
.

(b)

Dissolution of
c
ompact
:

(i)

This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state
;

(ii)

Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of
the interstate commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

21
‑
24
‑
117.

Severability and construction.

(a)

The provisions of this compact shall be severable and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b)

The provisions of this compact shall be liberally construed to effectuate its purposes.

(c)

Nothing in this compact shall be construed to prohibit the applicability of other
interstate
compacts to which the states are members.

21
‑
24
‑
118.

Binding effect of compact and other laws.

(a)

Other
l
aws
-

n
othing herein prevents the enforcement of any other law of a member state.

(b)

Binding
e
ffect of the
c
ompact
:

(i)

All lawful actions of
the interstate commission
, including all rules and bylaws promulgated by
the interstate commission
, are binding upon the member states
;

(ii)

All agreements between
the interstate commission
and the member states are binding in accordance with their terms
;

(iii)

In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Section 2.

This act is effective July 1, 2011.

(END)

1
HB0161