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Bills and Amendments: General Index     Bill History: General Index



House File 287

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 287
  1  2 
  1  3                             AN ACT
  1  4 ESTABLISHING THE INTERSTATE COMPACT FOR ADULT CRIMINAL
  1  5    OFFENDER SUPERVISION AND PROVIDING A CONTINGENT EFFECTIVE
  1  6    DATE.  
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 422.7, subsection 12, paragraph c, Code
  1 10 2001, is amended to read as follows:
  1 11    c.  An individual, whether or not domiciled in this state
  1 12 at the time of the hiring, who is on parole or probation and
  1 13 to whom the interstate probation and parole compact for adult
  1 14 offenders under section 907A.1 chapter 907B applies.
  1 15    Sec. 2.  Section 422.7, subsection 12A, paragraph b, Code
  1 16 2001, is amended to read as follows:
  1 17    b.  An individual, whether or not domiciled in this state
  1 18 at the time of the hiring, who is on parole or probation and
  1 19 to whom the interstate probation and parole compact for adult
  1 20 offenders under section 907A.1 chapter 907B applies.
  1 21    Sec. 3.  Section 422.35, subsection 6, paragraph c, Code
  1 22 2001, is amended to read as follows:
  1 23    c.  An individual, whether or not domiciled in this state
  1 24 at the time of the hiring, who is on parole or probation and
  1 25 to whom the interstate probation and parole compact for adult
  1 26 offenders under section 907A.1 chapter 907B applies.
  1 27    Sec. 4.  Section 422.35, subsection 6A, paragraph b, Code
  1 28 2001, is amended to read as follows:
  1 29    b.  An individual, whether or not domiciled in this state
  1 30 at the time of the hiring, who is on parole or probation and
  1 31 to whom the interstate probation and parole compact for adult
  1 32 offenders under section 907A.1 chapter 907B applies.
  1 33    Sec. 5.  NEW SECTION.  907B.1  CITATION.
  1 34    This chapter  may be cited as the "Interstate Compact for
  1 35 Adult Offender Supervision".
  2  1    Sec. 6.  NEW SECTION.  907B.2  INTERSTATE COMPACT FOR ADULT
  2  2 OFFENDER SUPERVISION.
  2  3    The national interstate compact for adult offender
  2  4 supervision is enacted into law and entered into by this state
  2  5 with any other state or jurisdiction legally joining the
  2  6 compact in the form substantially as follows:  
  2  7                            ARTICLE I
  2  8                           DEFINITIONS
  2  9    As used in this compact, unless the context clearly
  2 10 requires otherwise:
  2 11    1.  ADULT.  "Adult" means both individuals legally
  2 12 classified as adults and juveniles treated as adults by court
  2 13 order, statute, or operation of law.
  2 14    2.  BYLAWS.  "Bylaws" means those bylaws established by the
  2 15 interstate commission for its governance, or for directing or
  2 16 controlling the interstate commission's actions or conduct.
  2 17    3.  COMPACT ADMINISTRATOR.  "Compact administrator" means
  2 18 the individual in each compacting state appointed pursuant to
  2 19 the terms of this compact responsible for the administration
  2 20 and management of the state's supervision and transfer of
  2 21 offenders subject to the terms of this compact, the rules
  2 22 adopted by the interstate commission and policies adopted by
  2 23 the state council under this compact.
  2 24    4.  COMPACTING STATE.  "Compacting state" means any state
  2 25 which has enacted the enabling legislation for this compact.
  2 26    5.  COMMISSIONER.  "Commissioner" means the voting
  2 27 representative of each compacting state appointed pursuant to
  2 28 article II of this compact.
  2 29    6.  INTERSTATE COMMISSION.  "Interstate commission" means
  2 30 the interstate commission for adult offender supervision
  2 31 established by this compact.
  2 32    7.  MEMBER.  "Member" means the commissioner of a
  2 33 compacting state or designee, who shall be a person officially
  2 34 connected with the commissioner.
  2 35    8.  NONCOMPACTING STATE.  "Noncompacting state" means any
  3  1 state which has not enacted the enabling legislation for this
  3  2 compact.
  3  3    9.  OFFENDER.  "Offender" means an adult placed under, or
  3  4 subject to supervision as the result of the commission of a
  3  5 criminal offense and released to the community under the
  3  6 jurisdiction of courts, paroling authorities, corrections, or
  3  7 other criminal justice agencies.
  3  8    10.  PERSON.  "Person" means any individual, corporation,
  3  9 business enterprise, or other legal entity, either public or
  3 10 private.
  3 11    11.  RULES.  "Rules" means acts of the interstate
  3 12 commission, duly promulgated pursuant to article VII of this
  3 13 compact, substantially affecting interested parties in
  3 14 addition to the interstate commission, which shall have the
  3 15 force and effect of law in the compacting states.
  3 16    12.  STATE.  "State" means a state of the United States,
  3 17 the District of Columbia and any other territorial possessions
  3 18 of the United States.
  3 19    13.  STATE COUNCIL.  "State council" means the resident
  3 20 members of the state council for interstate adult offender
  3 21 supervision created by each state under article III of this
  3 22 compact.  
  3 23                           ARTICLE II
  3 24                     THE COMPACT COMMISSION
  3 25    1.  The compacting states hereby create the interstate
  3 26 commission for adult offender supervision.  The interstate
  3 27 commission shall be a body corporate and joint agency of the
  3 28 compacting states.  The interstate commission shall have all
  3 29 the responsibilities, powers and duties set forth herein,
  3 30 including the power to sue and be sued, and such additional
  3 31 powers as may be conferred upon it by subsequent action of the
  3 32 respective legislatures of the compacting states in accordance
  3 33 with the terms of this compact.
  3 34    2.  The interstate commission shall consist of
  3 35 commissioners selected and appointed by resident members of a
  4  1 state council for interstate adult offender supervision for
  4  2 each state.  The commission shall include at least one
  4  3 commissioner from a minority group.
  4  4    3.  In addition to the commissioners who are the voting
  4  5 representatives of each state, the interstate commission shall
  4  6 include individuals who are not commissioners but who are
  4  7 members of interested organizations; such noncommissioner
  4  8 members must include a member of the national organizations of
  4  9 governors, legislators, state chief justices, attorneys
  4 10 general, and crime victims.  All noncommissioner members of
  4 11 the interstate commission shall be ex officio members.  The
  4 12 interstate commission may provide in its bylaws for such
  4 13 additional, ex officio, nonvoting members as it deems
  4 14 necessary.
  4 15    4.  Each compacting state represented at any meeting of the
  4 16 interstate commission is entitled to one vote.  A majority of
  4 17 the compacting states shall constitute a quorum for the
  4 18 transaction of business, unless a larger quorum is required by
  4 19 the bylaws of the interstate commission.
  4 20    5.  The interstate commission shall meet at least once each
  4 21 calendar year.  The chairperson may call additional meetings
  4 22 and, upon the request of twenty-seven or more compacting
  4 23 states, shall call additional meetings.  Public notice shall
  4 24 be given of all meetings and meetings shall be open to the
  4 25 public.
  4 26    6.  The interstate commission shall establish an executive
  4 27 committee which shall include commission officers, members and
  4 28 others as shall be determined by the bylaws.  The executive
  4 29 committee shall have the power to act on behalf of the
  4 30 interstate commission during periods when the interstate
  4 31 commission is not in session, with the exception of rulemaking
  4 32 and amendment to the compact.  The executive committee
  4 33 oversees the day-to-day activities managed by the executive
  4 34 director and interstate commission staff, administers
  4 35 enforcement and compliance with the provisions of the compact,
  5  1 its bylaws and as directed by the interstate commission and
  5  2 performs other duties as directed by commission or set forth
  5  3 in the bylaws.  
  5  4                           ARTICLE III
  5  5                        THE STATE COUNCIL
  5  6    Each member state shall create a state council for
  5  7 interstate adult offender supervision which shall be
  5  8 responsible for the appointment of the commissioner who shall
  5  9 serve on the interstate commission from that state.  Each
  5 10 state council shall appoint as its commissioner the compact
  5 11 administrator from that state to serve on the interstate
  5 12 commission in such capacity under or pursuant to applicable
  5 13 law of the member state.  While each member state may
  5 14 determine the membership of its own state council, its
  5 15 membership must include at least one representative from the
  5 16 legislative, judicial, and executive branches of government,
  5 17 victims groups and compact administrators.  Each compacting
  5 18 state retains the right to determine the qualifications of the
  5 19 compact administrator who shall be appointed by the state
  5 20 council or by the governor in consultation with the
  5 21 legislature and the judiciary.  In addition to appointment of
  5 22 its commissioner to the interstate commission, each state
  5 23 council shall exercise oversight and advocacy concerning its
  5 24 participation in interstate commission activities and other
  5 25 duties as may be determined by each member state including but
  5 26 not limited to, development of policy concerning operations
  5 27 and procedures of the compact within that state.  
  5 28                           ARTICLE IV
  5 29         POWERS AND DUTIES OF THE INTERSTATE COMMISSION
  5 30    The interstate commission shall have the following powers:
  5 31    1.  To adopt a seal and suitable bylaws governing the
  5 32 management and operation of the interstate commission.
  5 33    2.  To promulgate rules which shall have the force and
  5 34 effect of statutory law and shall be binding in the compacting
  5 35 states to the extent and in the manner provided in this
  6  1 compact.
  6  2    3.  To oversee, supervise and coordinate the interstate
  6  3 movement of offenders subject to the terms of this compact and
  6  4 any bylaws adopted and rules promulgated by the interstate
  6  5 commission.
  6  6    4.  To enforce compliance with compact provisions,
  6  7 interstate commission rules, and bylaws, using all necessary
  6  8 and proper means, including but not limited to, the use of
  6  9 judicial process.
  6 10    5.  To establish and maintain offices.
  6 11    6.  To purchase and maintain insurance and bonds.
  6 12    7.  To borrow, accept, or contract for services of
  6 13 personnel, including, but not limited to, members and their
  6 14 staffs.
  6 15    8.  To establish and appoint committees and hire staff
  6 16 which it deems necessary for the carrying out of its functions
  6 17 including, but not limited to, an executive committee as
  6 18 required by article II which shall have the power to act on
  6 19 behalf of the interstate commission in carrying out its powers
  6 20 and duties hereunder.
  6 21    9.  To elect or appoint such officers, attorneys,
  6 22 employees, agents, or consultants, and to fix their
  6 23 compensation, define their duties and determine their
  6 24 qualifications; and to establish the interstate commission's
  6 25 personnel policies and programs relating to, among other
  6 26 things, conflicts of interest, rates of compensation, and
  6 27 qualifications of personnel.
  6 28    10.  To accept any and all donations and grants of money,
  6 29 equipment, supplies, materials, and services, and to receive,
  6 30 utilize, and dispose of same.
  6 31    11.  To lease, purchase, accept contributions or donations
  6 32 of, or otherwise to own, hold, improve or use any property,
  6 33 real, personal, or mixed.
  6 34    12.  To sell, convey, mortgage, pledge, lease, exchange,
  6 35 abandon, or otherwise dispose of any property, real, personal
  7  1 or mixed.
  7  2    13.  To establish a budget and make expenditures and levy
  7  3 dues as provided in article IX of this compact.
  7  4    14.  To sue and be sued.
  7  5    15.  To provide for dispute resolution among compacting
  7  6 states.
  7  7    16.  To perform such functions as may be necessary or
  7  8 appropriate to achieve the purposes of this compact.
  7  9    17.  To report annually to the legislatures, governors,
  7 10 judiciary, and state councils of the compacting states
  7 11 concerning the activities of the interstate commission during
  7 12 the preceding year.  Such reports shall also include any
  7 13 recommendations that may have been adopted by the interstate
  7 14 commission.
  7 15    18.  To coordinate education, training and public awareness
  7 16 regarding the interstate movement of offenders for officials
  7 17 involved in such activity.
  7 18    19.  To establish uniform standards for the reporting,
  7 19 collecting, and exchanging of data.  
  7 20                            ARTICLE V
  7 21     ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
  7 22    1.  BYLAWS.  The interstate commission shall, by a majority
  7 23 of the members, within twelve months of the first interstate
  7 24 commission meeting, adopt bylaws to govern its conduct as may
  7 25 be necessary or appropriate to carry out the purposes of the
  7 26 compact, including, but not limited to:
  7 27    a.  Establishing the fiscal year of the interstate
  7 28 commission.
  7 29    b.  Establishing an executive committee and such other
  7 30 committees as may be necessary.
  7 31    c.  Providing reasonable standards and procedures:
  7 32    (1)  For the establishment of committees.
  7 33    (2)  Governing any general or specific delegation of any
  7 34 authority or function of the interstate commission;
  7 35    d.  Providing reasonable procedures for calling and
  8  1 conducting meetings of the interstate commission, and ensuring
  8  2 reasonable notice of each such meeting.
  8  3    e.  Establishing the titles and responsibilities of the
  8  4 officers of the interstate commission.
  8  5    f.  Providing reasonable standards and procedures for the
  8  6 establishment of the personnel policies and programs of the
  8  7 interstate commission.  Notwithstanding any civil service or
  8  8 other similar laws of any compacting state, the bylaws shall
  8  9 exclusively govern the personnel policies and programs of the
  8 10 interstate commission.
  8 11    g.  Providing a mechanism for winding up the operations of
  8 12 the interstate commission and the equitable return of any
  8 13 surplus funds that may exist upon the termination of the
  8 14 compact after the payment or reserving of all of its debts and
  8 15 obligations.
  8 16    h.  Providing transition rules for startup administration
  8 17 of the compact.
  8 18    i.  Establishing standards and procedures for compliance
  8 19 and technical assistance in carrying out the compact.
  8 20    2.  OFFICERS AND STAFF.
  8 21    a.  The interstate commission shall, by a majority of the
  8 22 members, elect from among its members a chairperson and a vice
  8 23 chairperson, each of whom shall have such authorities and
  8 24 duties as may be specified in the bylaws.  The chairperson or,
  8 25 in the chairperson's absence or disability, the vice
  8 26 chairperson, shall preside at all meetings of the interstate
  8 27 commission.  The officers so elected shall serve without
  8 28 compensation or remuneration from the interstate commission;
  8 29 provided that, subject to the availability of budgeted funds,
  8 30 the officers shall be reimbursed for any actual and necessary
  8 31 costs and expenses incurred by them in the performance of
  8 32 their duties and responsibilities as officers of the
  8 33 interstate commission.
  8 34    b.  The interstate commission shall, through its executive
  8 35 committee, appoint or retain an executive director for such
  9  1 period, upon such terms and conditions and for such
  9  2 compensation as the interstate commission may deem
  9  3 appropriate.  The executive director shall serve as secretary
  9  4 to the interstate commission, and hire and supervise such
  9  5 other staff as may be authorized by the interstate commission,
  9  6 but shall not be a member.
  9  7    3.  CORPORATE RECORDS OF THE INTERSTATE COMMISSION.  The
  9  8 interstate commission shall maintain its corporate books and
  9  9 records in accordance with the bylaws.
  9 10    4.  QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION.
  9 11    a.  The members, officers, executive director and employees
  9 12 of the interstate commission shall be immune from suit and
  9 13 liability, either personally or in their official capacity,
  9 14 for any claim for damage to or loss of property or personal
  9 15 injury or other civil liability caused or arising out of any
  9 16 actual or alleged act, error or omission that occurred within
  9 17 the scope of interstate commission employment, duties or
  9 18 responsibilities; provided, that nothing in this paragraph
  9 19 shall be construed to protect any such person from suit and
  9 20 liability for any damage, loss, injury or liability caused by
  9 21 the intentional or willful and wanton misconduct of any such
  9 22 person.
  9 23    b.  The interstate commission shall defend the commissioner
  9 24 of a compacting state, or the commissioner's representatives
  9 25 or employees, or the interstate commission's representatives
  9 26 or employees, in any civil action seeking to impose liability,
  9 27 arising out of any actual or alleged act, error or omission
  9 28 that occurred within the scope of interstate commission
  9 29 employment, duties or responsibilities, or that the defendant
  9 30 had a reasonable basis for believing occurred within the scope
  9 31 of interstate commission employment, duties or
  9 32 responsibilities; provided, that the actual or alleged act,
  9 33 error or omission did not result from intentional wrongdoing
  9 34 on the part of such person.
  9 35    c.  The interstate commission shall indemnify and hold the
 10  1 commissioner of a compacting state, the appointed designee or
 10  2 employees, or the interstate commission's representatives or
 10  3 employees, harmless in the amount of any settlement or
 10  4 judgment obtained against such persons arising out of any
 10  5 actual or alleged act, error or omission that occurred within
 10  6 the scope of interstate commission employment, duties or
 10  7 responsibilities, or that such persons had a reasonable basis
 10  8 for believing occurred within the scope of interstate
 10  9 commission employment, duties or responsibilities, provided,
 10 10 that the actual or alleged act, error or omission did not
 10 11 result from gross negligence or intentional wrongdoing on the
 10 12 part of such person.  
 10 13                           ARTICLE VI
 10 14             ACTIVITIES OF THE INTERSTATE COMMISSION
 10 15    1.  The interstate commission shall meet and take such
 10 16 actions as are consistent with the provisions of this compact.
 10 17    2.  Except as otherwise provided in this compact and unless
 10 18 a greater percentage is required by the bylaws, in order to
 10 19 constitute an act of the interstate commission, such act shall
 10 20 have been taken at a meeting of the interstate commission and
 10 21 shall have received an affirmative vote of a majority of the
 10 22 members present.
 10 23    3.  Each member of the interstate commission shall have the
 10 24 right and power to cast a vote to which that compacting state
 10 25 is entitled and to participate in the business and affairs of
 10 26 the interstate commission.  A member shall vote in person on
 10 27 behalf of the state and shall not delegate a vote to another
 10 28 member state.  However, a state council shall appoint another
 10 29 authorized representative, in the absence of the commissioner
 10 30 from that state, to cast a vote on behalf of the member state
 10 31 at a specified meeting.  The bylaws may provide for members'
 10 32 participation in meetings by telephone or other means of
 10 33 telecommunication or electronic communication.  Any voting
 10 34 conducted by telephone, or other means of telecommunication or
 10 35 electronic communication shall be subject to the same quorum
 11  1 requirements of meetings where members are present in person.
 11  2    4.  The interstate commission shall meet at least once
 11  3 during each calendar year.  The chairperson of the interstate
 11  4 commission may call additional meetings at any time and, upon
 11  5 the request of a majority of the members, shall call
 11  6 additional meetings.
 11  7    5.  The interstate commission's bylaws shall establish
 11  8 conditions and procedures under which the interstate
 11  9 commission shall make its information and official records
 11 10 available to the public for inspection or copying.  The
 11 11 interstate commission may exempt from disclosure any
 11 12 information or official records to the extent they would
 11 13 adversely affect personal privacy rights or proprietary
 11 14 interests.  In promulgating such rules, the interstate
 11 15 commission may make available to law enforcement agencies
 11 16 records and information otherwise exempt from disclosure, and
 11 17 may enter into agreements with law enforcement agencies to
 11 18 receive or exchange information or records subject to
 11 19 nondisclosure and confidentiality provisions.
 11 20    6.  Public notice shall be given of all meetings and all
 11 21 meetings shall be open to the public, except as set forth in
 11 22 the rules or as otherwise provided in the compact.  The
 11 23 interstate commission shall promulgate rules consistent with
 11 24 the principles contained in the federal Government in Sunshine
 11 25 Act, 5 U.S.C. } 552(6), as may be amended.  The interstate
 11 26 commission and any of its committees may close a meeting to
 11 27 the public where it determines by two-thirds vote that an open
 11 28 meeting would be likely to:
 11 29    a.  Relate solely to the interstate commission's internal
 11 30 personnel practices and procedures.
 11 31    b.  Disclose matters specifically exempted from disclosure
 11 32 by statute.
 11 33    c.  Disclose trade secrets or commercial or financial
 11 34 information which is privileged or confidential.
 11 35    d.  Involve accusing any person of a crime, or formally
 12  1 censuring any person.
 12  2    e.  Disclose information of a personal nature where
 12  3 disclosure would constitute a clearly unwarranted invasion of
 12  4 personal privacy.
 12  5    f.  Disclose investigatory records compiled for law
 12  6 enforcement purposes.
 12  7    g.  Disclose information contained in or related to
 12  8 examination, operating or condition reports prepared by, or on
 12  9 behalf of or for the use of, the interstate commission with
 12 10 respect to a regulated entity for the purpose of regulation or
 12 11 supervision of such entity.
 12 12    h.  Disclose information, the premature disclosure of which
 12 13 would significantly endanger the life of a person or the
 12 14 stability of a regulated entity.
 12 15    i.  Specifically relate to the interstate commission's
 12 16 issuance of a subpoena, or its participation in a civil action
 12 17 or proceeding.
 12 18    7.  For every meeting closed pursuant to this provision,
 12 19 the interstate commission's chief legal officer shall publicly
 12 20 certify that, in the officer's opinion, the meeting may be
 12 21 closed to the public, and shall reference each relevant
 12 22 exemptive provision.  The interstate commission shall keep
 12 23 minutes which shall fully and clearly describe all matters
 12 24 discussed in any meeting and shall provide a full and accurate
 12 25 summary of any actions taken, and the reasons therefor,
 12 26 including a description of each of the views expressed on any
 12 27 item and the record of any roll call vote, reflected in the
 12 28 vote of each member on the question.  All documents considered
 12 29 in connection with any action shall be identified in such
 12 30 minutes.
 12 31    8.  The interstate commission shall collect standardized
 12 32 data concerning the interstate movement of offenders as
 12 33 directed through its bylaws and rules which shall specify the
 12 34 data to be collected, the means of collection and data
 12 35 exchange and reporting requirements.  
 13  1                           ARTICLE VII
 13  2        RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
 13  3    1.  The interstate commission shall promulgate rules in
 13  4 order to effectively and efficiently achieve the purposes of
 13  5 the compact including transition rules governing
 13  6 administration of the compact during the period in which it is
 13  7 being considered and enacted by the states.
 13  8    2.  Rulemaking shall occur pursuant to the criteria set
 13  9 forth in this article and the bylaws and rules adopted
 13 10 pursuant thereto.  Such rulemaking shall substantially conform
 13 11 to the principles of the federal Administrative Procedure Act,
 13 12 5 U.S.C. } 551 et seq., and the federal Advisory Committee
 13 13 Act, 5 U.S.C. app. 2, } 1 et seq., as may be amended.
 13 14    3.  All rules and amendments shall become binding as of the
 13 15 date specified in each rule or amendment.
 13 16    4.  If a majority of the legislatures of the compacting
 13 17 states rejects a rule, by enactment of a statute or resolution
 13 18 in the same manner used to adopt the compact, then such rule
 13 19 shall have no further force and effect in any compacting
 13 20 state.
 13 21    5.  When promulgating a rule, the interstate commission
 13 22 shall do all of the following:
 13 23    a.  Publish the proposed rule stating with particularity
 13 24 the text of the rule which is proposed and the reason for the
 13 25 proposed rule.
 13 26    b.  Allow persons to submit written data, facts, opinions
 13 27 and arguments, which information shall be publicly available.
 13 28    c.  Provide an opportunity for an informal hearing.
 13 29    d.  Promulgate a final rule and its effective date, if
 13 30 appropriate, based on the rulemaking record.
 13 31    6.  Not later than sixty days after a rule is promulgated,
 13 32 any interested person may file a petition in the United States
 13 33 district court for the District of Columbia or in the United
 13 34 States district court where the interstate commission's
 13 35 principal office is located for judicial review of such rule.
 14  1 If the court finds that the interstate commission's action is
 14  2 not supported by substantial evidence, as defined in the
 14  3 federal Administrative Procedure Act, in the rulemaking
 14  4 record, the court shall hold the rule unlawful and set it
 14  5 aside.
 14  6    7.  Subjects to be addressed within twelve months after the
 14  7 first meeting must at a minimum include:
 14  8    a.  Notice to victims and opportunity to be heard.
 14  9    b.  Offender registration and compliance.
 14 10    c.  Violations and returns.
 14 11    d.  Transfer procedures and forms.
 14 12    e.  Eligibility for transfer.
 14 13    f.  Collection of restitution and fees from offenders.
 14 14    g.  Data collection and reporting.
 14 15    h.  The level of supervision to be provided by the
 14 16 receiving state.
 14 17    i.  Transition rules governing the operation of the compact
 14 18 and the interstate commission during all or part of the period
 14 19 between the effective date of the compact and the date on
 14 20 which the last eligible state adopts the compact.
 14 21    j.  Mediation, arbitration and dispute resolution.  The
 14 22 existing rules governing the operation of the previous compact
 14 23 superceded by this Act shall be null and void twelve months
 14 24 after the first meeting of the interstate commission created
 14 25 hereunder.
 14 26    8.  Upon determination by the interstate commission that an
 14 27 emergency exists, it may promulgate an emergency rule which
 14 28 shall become effective immediately upon adoption, provided
 14 29 that the usual rulemaking procedures provided hereunder shall
 14 30 be retroactively applied to said rule as soon as reasonably
 14 31 possible, in no event later than ninety days after the
 14 32 effective date of the rule.  
 14 33                          ARTICLE VIII
 14 34         OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
 14 35                  BY THE INTERSTATE COMMISSION
 15  1    1.  OVERSIGHT.
 15  2    a.  The interstate commission shall oversee the interstate
 15  3 movement of adult offenders in the compacting states and shall
 15  4 monitor such activities being administered in noncompacting
 15  5 states which may significantly affect compacting states.
 15  6    b.  The courts and executive agencies in each compacting
 15  7 state shall enforce this compact and shall take all actions
 15  8 necessary and appropriate to effectuate the compact's purposes
 15  9 and intent.  In any judicial or administrative proceeding in a
 15 10 compacting state pertaining to the subject matter of this
 15 11 compact which may affect the powers, responsibilities or
 15 12 actions of the interstate commission, the interstate
 15 13 commission shall be entitled to receive all service of process
 15 14 in any such proceeding, and shall have standing to intervene
 15 15 in the proceeding for all purposes.
 15 16    2.  DISPUTE RESOLUTION.
 15 17    a.  The compacting states shall report to the interstate
 15 18 commission on issues or activities of concern to them, and
 15 19 cooperate with and support the interstate commission in the
 15 20 discharge of its duties and responsibilities.
 15 21    b.  The interstate commission shall attempt to resolve any
 15 22 disputes or other issues which are subject to the compact and
 15 23 which may arise among compacting states and noncompacting
 15 24 states.
 15 25    c.  The interstate commission shall enact a bylaw or
 15 26 promulgate a rule providing for both mediation and binding
 15 27 dispute resolution for disputes among the compacting states.
 15 28    3.  ENFORCEMENT.  The interstate commission, in the
 15 29 reasonable exercise of its discretion, shall enforce the
 15 30 provisions of this compact using any or all means set forth in
 15 31 article XI, subsection 2, of this compact.  
 15 32                           ARTICLE IX
 15 33                             FINANCE
 15 34    1.  The interstate commission shall pay or provide for the
 15 35 payment of the reasonable expenses of its establishment,
 16  1 organization and ongoing activities.
 16  2    2.  The interstate commission shall levy on and collect an
 16  3 annual assessment from each compacting state to cover the cost
 16  4 of the internal operations and activities of the interstate
 16  5 commission and its staff which must be in a total amount
 16  6 sufficient to cover the interstate commission's annual budget
 16  7 as approved each year.  The aggregate annual assessment amount
 16  8 shall be allocated based upon a formula to be determined by
 16  9 the interstate commission, taking into consideration the
 16 10 population of the state and the volume of interstate movement
 16 11 of offenders in each compacting state and shall promulgate a
 16 12 rule binding upon all compacting states which governs the
 16 13 assessment.
 16 14    3.  The interstate commission shall not incur any
 16 15 obligations of any kind prior to securing the funds adequate
 16 16 to meet the same; nor shall the interstate commission pledge
 16 17 the credit of any of the compacting states, except by and with
 16 18 the authority of the compacting state.
 16 19    4.  The interstate commission shall keep accurate accounts
 16 20 of all receipts and disbursements.  The receipts and
 16 21 disbursements of the interstate commission shall be subject to
 16 22 the audit and accounting procedures established under its
 16 23 bylaws.  However, all receipts and disbursements of funds
 16 24 handled by the interstate commission shall be audited yearly
 16 25 by a certified or licensed public accountant and the report of
 16 26 the audit shall be included in and become part of the annual
 16 27 report of the interstate commission.  
 16 28                            ARTICLE X
 16 29         COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
 16 30    1.  Any state, as defined in article I of this compact, is
 16 31 eligible to become a compacting state.
 16 32    2.  The compact shall become effective and binding upon
 16 33 legislative enactment of the compact into law by no less than
 16 34 thirty-five of the states.  The initial effective date shall
 16 35 be the later of July 1, 2002, or upon enactment into law by
 17  1 the thirty-fifth jurisdiction.  Thereafter it shall become
 17  2 effective and binding, as to any other compacting state, upon
 17  3 enactment of the compact into law by that state.  The
 17  4 governors of nonmember states or their designees will be
 17  5 invited to participate in interstate commission activities on
 17  6 a nonvoting basis prior to adoption of the compact by all
 17  7 states and territories of the United States.
 17  8    3.  Amendments to the compact may be proposed by the
 17  9 interstate commission for enactment by the compacting states.
 17 10 No amendment shall become effective and binding upon the
 17 11 interstate commission and the compacting states unless and
 17 12 until it is enacted into law by unanimous consent of the
 17 13 compacting states.  
 17 14                           ARTICLE XI
 17 15       WITHDRAWAL, DEFAULT, AND TERMINATION, AND JUDICIAL
 17 16                           ENFORCEMENT
 17 17    1.  WITHDRAWAL.
 17 18    a.  Once effective, the compact shall continue in force and
 17 19 remain binding upon each and every compacting state; provided,
 17 20 that a compacting state may withdraw from the compact by
 17 21 enacting a statute specifically repealing the statute which
 17 22 enacted the compact into law.
 17 23    b.  The effective date of withdrawal is the effective date
 17 24 of the repeal.
 17 25    c.  The withdrawing state shall immediately notify the
 17 26 chairperson of the interstate commission in writing upon the
 17 27 introduction of legislation repealing this compact in the
 17 28 withdrawing state.
 17 29    d.  The interstate commission shall notify the other
 17 30 compacting states of the withdrawing state's intent to
 17 31 withdraw within sixty days of its receipt thereof.
 17 32    e.  The withdrawing state is responsible for all
 17 33 assessments, obligations and liabilities incurred through the
 17 34 effective date of withdrawal, including any obligations, the
 17 35 performance of which extend beyond the effective date of
 18  1 withdrawal.
 18  2    f.  Reinstatement following withdrawal of any compacting
 18  3 state shall occur upon the withdrawing state reenacting the
 18  4 compact or upon such later date as determined by the
 18  5 interstate commission.
 18  6    2.  DEFAULT.
 18  7    a.  If the interstate commission determines that any
 18  8 compacting state has at any time defaulted in the performance
 18  9 of any of its obligations or responsibilities under this
 18 10 compact, the bylaws or any duly promulgated rules the
 18 11 interstate commission may impose any or all of the following
 18 12 penalties:
 18 13    (1)  Fines, fees and costs in such amounts as are deemed to
 18 14 be reasonable as fixed by the interstate commission.
 18 15    (2)  Remedial training and technical assistance as directed
 18 16 by the interstate commission.
 18 17    (3)  Suspension and termination of membership in the
 18 18 compact.  Suspension shall be imposed only after all other
 18 19 reasonable means of securing compliance under the bylaws and
 18 20 rules have been exhausted.  Immediate notice of suspension
 18 21 shall be given by the interstate commission to the governor,
 18 22 the chief justice of the state; the majority and minority
 18 23 leaders of the defaulting state's legislature, and the
 18 24 executive council.  The grounds for default include, but are
 18 25 not limited to, failure of a compacting state to perform such
 18 26 obligations or responsibilities imposed upon it by this
 18 27 compact, interstate commission bylaws, or duly promulgated
 18 28 rules.  The interstate commission shall immediately notify the
 18 29 defaulting state in writing of the penalty imposed by the
 18 30 interstate commission on the defaulting state pending a cure
 18 31 of the default.  The interstate commission shall stipulate the
 18 32 conditions and the time period within which the defaulting
 18 33 state must cure its default.  If the defaulting state fails to
 18 34 cure the default within the time period specified by the
 18 35 interstate commission, in addition to any other penalties
 19  1 imposed herein, the defaulting state may be terminated from
 19  2 the compact upon an affirmative vote of a majority of the
 19  3 compacting states and all rights, privileges and benefits
 19  4 conferred by this compact shall be terminated from the
 19  5 effective date of suspension.
 19  6    b.  Within sixty days of the effective date of termination
 19  7 of a defaulting state, the interstate commission shall notify
 19  8 the governor, the chief justice, and the majority and minority
 19  9 leaders of the defaulting state's legislature and the
 19 10 executive council of such termination.
 19 11    c.  The defaulting state is responsible for all
 19 12 assessments, obligations and liabilities incurred through the
 19 13 effective date of termination including any obligations, the
 19 14 performance of which extends beyond the effective date of
 19 15 termination.
 19 16    d.  The interstate commission shall not bear any costs
 19 17 relating to the defaulting state unless otherwise mutually
 19 18 agreed upon between the interstate commission and the
 19 19 defaulting state.
 19 20    e.  Reinstatement following termination of any compacting
 19 21 state requires both a reenactment of the compact by the
 19 22 defaulting state and the approval of the interstate commission
 19 23 pursuant to the rules.
 19 24    3.  JUDICIAL ENFORCEMENT.  The interstate commission may,
 19 25 by majority vote of the members, initiate legal action in the
 19 26 United States district court for the District of Columbia or,
 19 27 at the discretion of the interstate commission, in the United
 19 28 States district court where the interstate commission has its
 19 29 offices, to enforce compliance with the provisions of the
 19 30 compact, its duly promulgated rules and bylaws, against any
 19 31 compacting state in default.  In the event judicial
 19 32 enforcement is necessary the prevailing party shall be awarded
 19 33 all costs of such litigation including reasonable attorneys
 19 34 fees.
 19 35    4.  DISSOLUTION OF COMPACT.
 20  1    a.  The compact dissolves effective upon the date of the
 20  2 withdrawal or default of the compacting state which reduces
 20  3 membership in the compact to one compacting state.
 20  4    b.  Upon the dissolution of this compact, the compact
 20  5 becomes null and void and shall be of no further force or
 20  6 effect, and the business and affairs of the interstate
 20  7 commission shall be wound up and any surplus funds shall be
 20  8 distributed in accordance with the bylaws.  
 20  9                           ARTICLE XII
 20 10                  SEVERABILITY AND CONSTRUCTION
 20 11    1.  The provisions of this compact shall be severable, and
 20 12 if any phrase, clause, sentence or provision is deemed
 20 13 unenforceable, the remaining provisions of the compact shall
 20 14 be enforceable.
 20 15    2.  The provisions of this compact shall be liberally
 20 16 constructed to effectuate its purposes.  
 20 17                          ARTICLE XIII
 20 18            BINDING EFFECT OF COMPACT AND OTHER LAWS
 20 19    1.  OTHER LAWS.
 20 20    a.  Nothing herein prevents the enforcement of any other
 20 21 law of a compacting state that is not inconsistent with this
 20 22 compact.
 20 23    b.  All compacting states' laws conflicting with this
 20 24 compact are superseded to the extent of the conflict.
 20 25    2.  BINDING EFFECT OF THE COMPACT.
 20 26    a.  All lawful actions of the interstate commission,
 20 27 including all rules and bylaws promulgated by the interstate
 20 28 commission, are binding upon the compacting states.
 20 29    b.  All agreements between the interstate commission and
 20 30 the compacting states are binding in accordance with their
 20 31 terms.
 20 32    c.  Upon the request of a party to a conflict over meaning
 20 33 or interpretation of interstate commission actions, and upon a
 20 34 majority vote of the compacting states, the interstate
 20 35 commission may issue advisory opinions regarding such meaning
 21  1 or interpretation.
 21  2    d.  In the event any provision of this compact exceeds the
 21  3 constitutional limits imposed on the legislature of any
 21  4 compacting state, the obligations, duties, powers or
 21  5 jurisdiction sought to be conferred by such provision upon the
 21  6 interstate commission shall be ineffective and such
 21  7 obligations, duties, powers or jurisdiction shall remain in
 21  8 the compacting state and shall be exercised by the agency
 21  9 thereof to which such obligations, duties, powers or
 21 10 jurisdiction are delegated by law in effect at the time this
 21 11 compact becomes effective.
 21 12    Sec. 7.  NEW SECTION.  907B.3  STATE COUNCIL.
 21 13    The state council established in section 907B.2 shall
 21 14 consist of five members plus the compact administrator.  The
 21 15 council shall include at least one member from a minority
 21 16 group.  The chief justice of the supreme court shall appoint
 21 17 one member to represent the judicial branch.  The president of
 21 18 the senate shall appoint one member to represent the senate.
 21 19 The speaker of the house of representatives shall appoint one
 21 20 member to represent the house of representatives.  The
 21 21 governor shall appoint one member to represent the executive
 21 22 branch, and one member to represent crime victim groups.  The
 21 23 governor, in consultation with the legislative and judicial
 21 24 branches, shall also appoint the compact administrator.
 21 25    Sec. 8.  Chapter 907A, Code 2001, is repealed.  
 21 26 
 21 27 
 21 28                                                             
 21 29                               BRENT SIEGRIST
 21 30                               Speaker of the House
 21 31 
 21 32 
 21 33                                                             
 21 34                               MARY E. KRAMER
 21 35                               President of the Senate
 22  1 
 22  2    I hereby certify that this bill originated in the House and
 22  3 is known as House File 287, Seventy-ninth General Assembly.
 22  4 
 22  5 
 22  6                                                             
 22  7                               MARGARET THOMSON
 22  8                               Chief Clerk of the House
 22  9 Approved                , 2001
 22 10 
 22 11 
 22 12                            
 22 13 THOMAS J. VILSACK
 22 14 Governor
     

Text: HF00286                           Text: HF00288
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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