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Senate Bill No. 242–Committee on Judiciary

 

March 7, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes changes pertaining to Interstate Compact on Juveniles. (BDR 5‑1198)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to juveniles; ratifying the revised Interstate Compact for Juveniles; renouncing the original Interstate Compact on Juveniles and repealing the provisions relating thereto; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Title 5 of NRS is hereby amended by adding

1-2  thereto a new chapter to consist of the provisions set forth as

1-3  sections 2 and 3 of this act.

1-4  Sec. 2.  The Interstate Compact for Juveniles is hereby

1-5  ratified, enacted into law and entered into with all jurisdictions

1-6  legally joining the Compact, in substantially the form set forth in

1-7  this section:

 

1-8  ARTICLE I.  PURPOSE

 

1-9  The compacting states to the Interstate Compact for Juveniles

1-10  recognize that each state is responsible for the proper supervision

1-11  or return of juveniles, delinquents and status offenders who are on

1-12  probation or parole and who have absconded, escaped or run

1-13  away from supervision and control and in so doing have

1-14  endangered their own safety and the safety of others. The

1-15  compacting states also recognize that each state is responsible for

2-1  the safe return of juveniles who have run away from home and in

2-2  doing so have left their state of residence. The compacting states

2-3  also recognize that Congress, by enacting the Crime Control Act, 4

2-4  U.S.C. § 112 (1965), has authorized and encouraged compacts for

2-5  cooperative efforts and mutual assistance in the prevention of

2-6  crime.

2-7  It is the purpose of this Compact, through means of joint and

2-8  cooperative action among the compacting states to:

2-9  (1)  Ensure that the adjudicated juveniles and status offenders

2-10  subject to this Compact are provided adequate supervision and

2-11  services in the receiving state as ordered by the adjudicating judge

2-12  or parole authority in the sending state.

2-13      (2)  Ensure that the public safety interests of the citizens,

2-14  including the victims of juvenile offenders, in both the sending

2-15  and receiving states, are adequately protected.

2-16      (3)  Return juveniles who have run away, absconded or

2-17  escaped from supervision or control or who have been accused of

2-18  an offense to the state requesting their return.

2-19      (4)  Make contracts for the cooperative institutionalization in

2-20  public facilities in member states for delinquent youth needing

2-21  special services.

2-22      (5)  Provide for the effective tracking and supervision of

2-23  juveniles.

2-24      (6)  Equitably allocate the costs, benefits and obligations of

2-25  the compacting states.

2-26      (7)  Establish procedures to manage the movement between

2-27  states of juvenile offenders released to the community under the

2-28  jurisdiction of courts, juvenile departments, or any other criminal

2-29  or juvenile justice agency which has jurisdiction over juvenile

2-30  offenders.

2-31      (8)  Insure immediate notice to jurisdictions where defined

2-32  offenders are authorized to travel or to relocate across state lines.

2-33      (9)  Establish procedures to resolve pending charges

2-34  (detainers) against juvenile offenders prior to transfer or release

2-35  to the community under the terms of this Compact.

2-36      (10)  Establish a system of uniform data collection on

2-37  information pertaining to juveniles subject to this Compact that

2-38  allows access by authorized juvenile justice and criminal justice

2-39  officials, and regular reporting of the Compact’s activities to

2-40  heads of state executive, judicial, and legislative branches and

2-41  juvenile and criminal justice administrators.

2-42      (11)  Monitor compliance with rules governing interstate

2-43  movement of juveniles and initiate interventions to address and

2-44  correct noncompliance.

3-1  (12)  Coordinate training and education regarding the

3-2  regulation of interstate movement of juveniles for officials

3-3  involved in such activity.

3-4  (13)  Coordinate the implementation and operation of the

3-5  Compact with the Interstate Compact for the Placement of

3-6  Children, the Interstate Compact for Adult Offender Supervision

3-7  and other compacts affecting juveniles, particularly in those cases

3-8  where concurrent or overlapping supervision issues arise.

3-9  It is the policy of the compacting states that the activities

3-10  conducted by the Interstate Commission created herein are the

3-11  formation of public policies and therefore are public business.

3-12  Furthermore, the compacting states shall cooperate and observe

3-13  their individual and collective duties and responsibilities for the

3-14  prompt return and acceptance of juveniles subject to the

3-15  provisions of this Compact. The provisions of this Compact shall

3-16  be reasonably and liberally construed to accomplish the purposes

3-17  and policies of the Compact.

 

3-18  ARTICLE II.  DEFINITIONS

 

3-19      As used in this Compact, unless the context clearly requires a

3-20  different construction:

3-21      (1)  “Bylaws” means those bylaws established by the Interstate

3-22  Commission for its governance, or for directing or controlling its

3-23  actions or conduct.

3-24      (2)  “Compact Administrator” means the individual in each

3-25  compacting state appointed pursuant to the terms of this Compact,

3-26  responsible for the administration and management of the state’s

3-27  supervision and transfer of juveniles subject to the terms of this

3-28  Compact, the rules adopted by the Interstate Commission and

3-29  policies adopted by the State Council under this Compact.

3-30      (3)  “Compacting State” means any state which has enacted

3-31  the enabling legislation for this Compact.

3-32      (4)  “Commissioner” means the voting representative of each

3-33  compacting state appointed pursuant to Article III of this

3-34  Compact.

3-35      (5)  “Court” means any court having jurisdiction over

3-36  delinquent, neglected or dependent children.

3-37      (6)  “Deputy Compact Administrator” means the individual, if

3-38  any, in each compacting state appointed to act on behalf of a

3-39  Compact Administrator pursuant to the terms of this Compact

3-40  responsible for the administration and management of the state’s

3-41  supervision and transfer of juveniles subject to the terms of this

3-42  Compact, the rules adopted by the Interstate Commission and

3-43  policies adopted by the State Council under this Compact.

4-1  (7)  “Interstate Commission” means the Interstate

4-2  Commission for Juveniles created by Article III of this Compact.

4-3  (8)  “Juvenile” means any person defined as a juvenile in any

4-4  member state or by the rules of the Interstate Commission,

4-5  including:

4-6  (a) Accused Delinquent—a person charged with an offense

4-7  that, if committed by an adult, would be a criminal offense;

4-8  (b) Adjudicated Delinquent—a person found to have

4-9  committed an offense that, if committed by an adult, would be a

4-10  criminal offense;

4-11      (c) Accused Status Offender—a person charged with an

4-12  offense that would not be a criminal offense if committed by an

4-13  adult;

4-14      (d) Adjudicated Status Offender—a person found to have

4-15  committed an offense that would not be a criminal offense if

4-16  committed by an adult; and

4-17      (e) Nonoffender—a person in need of supervision who has not

4-18  been accused or adjudicated a status offender or delinquent.

4-19      (9)  “Noncompacting state” means any state which has not

4-20  enacted the enabling legislation for this Compact.

4-21      (10)  “Probation or parole” means any kind of supervision or

4-22  conditional release of juveniles authorized under the laws of the

4-23  compacting states.

4-24      (11)  “Rule” means a written statement by the Interstate

4-25  Commission promulgated pursuant to Article VI of this Compact

4-26  that is of general applicability, implements, interprets or prescribes

4-27  a policy or provision of the Compact, or an organizational,

4-28  procedural, or practice requirement of the Interstate Commission,

4-29  and has the force and effect of statutory law in a compacting state,

4-30  and includes the amendment, repeal, or suspension of an existing

4-31  rule.

4-32      (12)  “State” means a state of the United States, the District of

4-33  Columbia (or its designee), the Commonwealth of Puerto Rico, the

4-34  U.S. Virgin Islands, Guam, American Samoa and the Northern

4-35  Marianas Islands.

4-36      (13)  “State Council” means the resident members of the State

4-37  Council for Interstate Juvenile Supervision created by each state

4-38  under Article IX of this Compact.

 

4-39  ARTICLE III.  INTERSTATE COMMISSION

4-40  FOR JUVENILES

 

4-41      (1)  The compacting states hereby create the Interstate

4-42  Commission for Juveniles. The Interstate Commission shall be a

4-43  body corporate and joint agency of the compacting states. The

5-1  Interstate Commission shall have all the responsibilities, powers

5-2  and duties set forth herein, and such additional powers as may be

5-3  conferred upon it by subsequent action of the respective

5-4  legislatures of the compacting states in accordance with the terms

5-5  of this Compact.

5-6  (2)  The Interstate Commission shall consist of

5-7  Commissioners appointed by the appropriate appointing authority

5-8  in each state pursuant to the rules and requirements of each

5-9  compacting state and in consultation with the State Council

5-10  created hereunder. The Commissioner shall be the Compact

5-11  Administrator, Deputy Compact Administrator or designee from

5-12  that state who shall serve on the Interstate Commission in such

5-13  capacity under or pursuant to the applicable law of the

5-14  compacting state.

5-15      (3)  In addition to the Commissioners who are the voting

5-16  representatives of each state, the Interstate Commission shall

5-17  include individuals who are not Commissioners, but who are

5-18  members of interested organizations. Such noncommissioner

5-19  members must include a member of the national organizations of

5-20  governors, legislators, state chief justices, attorneys general,

5-21  Interstate Compact for Adult Offender Supervision, Interstate

5-22  Compact for the Placement of Children, juvenile justice and

5-23  juvenile corrections officials, and crime victims. All

5-24  noncommissioner members of the Interstate Commission shall be

5-25  ex officio, nonvoting members. The Interstate Commission may

5-26  provide in its bylaws for such additional ex officio, nonvoting

5-27  members, including members of other national organizations, in

5-28  such numbers as shall be determined by the Interstate

5-29  Commission.

5-30      (4)  Each compacting state represented at any meeting of the

5-31  Interstate Commission is entitled to one vote. A majority of the

5-32  compacting states shall constitute a quorum for the transaction of

5-33  business, unless a larger quorum is required by the bylaws of the

5-34  Interstate Commission.

5-35      (5)  The Interstate Commission shall meet at least once each

5-36  calendar year. The Chairperson may call additional meetings and,

5-37  upon the request of a simple majority of the compacting states,

5-38  shall call additional meetings. Public notice shall be given of all

5-39  meetings and meetings shall be open to the public.

5-40      (6)  The Interstate Commission shall establish an Executive

5-41  Committee, which shall include Interstate Commission officers,

5-42  members and others as determined by the bylaws. The Executive

5-43  Committee shall have the power to act on behalf of the Interstate

5-44  Commission during periods when the Interstate Commission is not

5-45  in session, with the exception of rulemaking and/or amendment to

6-1  the Compact. The Executive Committee shall oversee the day-to-

6-2  day activities of the administration of the Compact managed by an

6-3  Executive Director and Interstate Commission staff, administer

6-4  enforcement and compliance with the provisions of the Compact,

6-5  its bylaws and rules, and perform such other duties as directed by

6-6  the Interstate Commission or set forth in the bylaws.

6-7  (7)  Each member of the Interstate Commission shall have the

6-8  right and power to cast a vote to which that compacting state is

6-9  entitled and to participate in the business and affairs of the

6-10  Interstate Commission. A member shall vote in person and shall

6-11  not delegate a vote to another compacting state. However, a

6-12  Commissioner, in consultation with the State Council, shall

6-13  appoint another authorized representative, in the absence of the

6-14  Commissioner from that state, to cast a vote on behalf of the

6-15  compacting state at a specified meeting. The bylaws may provide

6-16  for members’ participation in meetings by telephone or other

6-17  means of telecommunication or electronic communication.

6-18      (8)  The Interstate Commission’s bylaws shall establish

6-19  conditions and procedures under which the Interstate Commission

6-20  shall make its information and official records available to the

6-21  public for inspection or copying. The Interstate Commission may

6-22  exempt from disclosure any information or official records to the

6-23  extent they would adversely affect personal privacy rights or

6-24  proprietary interests.

6-25      (9)  Public notice shall be given of all meetings and all

6-26  meetings shall be open to the public, except as set forth in the

6-27  rules or as otherwise provided in the Compact. The Interstate

6-28  Commission and any of its committees may close a meeting to the

6-29  public where it determines by two-thirds vote that an open meeting

6-30  would be likely to:

6-31      (a) Relate solely to the Interstate Commission’s internal

6-32  personnel practices and procedures;

6-33      (b) Disclose matters specifically exempted from disclosure by

6-34  statute;

6-35      (c) Disclose trade secrets or commercial or financial

6-36  information which is privileged or confidential;

6-37      (d) Involve accusing any person of a crime, or formally

6-38  censuring any person;

6-39      (e) Disclose information of a personal nature where disclosure

6-40  would constitute a clearly unwarranted invasion of personal

6-41  privacy;

6-42      (f) Disclose investigative records compiled for law enforcement

6-43  purposes;

6-44      (g) Disclose information contained in or related to

6-45  examination, operating or condition reports prepared by, or on

7-1  behalf of or for the use of, the Interstate Commission with respect

7-2  to a regulated person or entity for the purpose of regulation or

7-3  supervision of such person or entity;

7-4  (h) Disclose information, the premature disclosure of which

7-5  would significantly endanger the stability of a regulated person or

7-6  entity; or

7-7  (i) Specifically relate to the Interstate Commission’s issuance

7-8  of a subpoena, or its participation in a civil action or other legal

7-9  proceeding.

7-10      (10)  For every meeting closed pursuant to this provision, the

7-11  Interstate Commission’s legal counsel shall publicly certify that,

7-12  in the legal counsel's opinion, the meeting may be closed to the

7-13  public, and shall reference each relevant exemptive provision. The

7-14  Interstate Commission shall keep minutes which shall fully and

7-15  clearly describe all matters discussed in any meeting and shall

7-16  provide a full and accurate summary of any actions taken, and the

7-17  reasons therefore, including a description of each of the views

7-18  expressed on any item and the record of any roll call vote

7-19  (reflected in the vote of each member on the question). All

7-20  documents considered in connection with any action shall be

7-21  identified in such minutes.

7-22      (11)  The Interstate Commission shall collect standardized

7-23  data concerning the interstate movement of juveniles as directed

7-24  through its rules which shall specify the data to be collected, the

7-25  means of collection and data exchange and reporting

7-26  requirements. Such methods of data collection, exchange and

7-27  reporting shall insofar as is reasonably possible conform to up-to-

7-28  date technology and coordinate its information functions with the

7-29  appropriate repository of records.

 

7-30  ARTICLE IV.  POWERS AND DUTIES OF

7-31  THE INTERSTATE COMMISSION

 

7-32      The Interstate Commission shall have the following powers

7-33  and duties:

7-34      (1)  To provide for dispute resolution among compacting

7-35  states.

7-36      (2)  To promulgate rules to effect the purposes and obligations

7-37  as enumerated in this Compact, which shall have the force and

7-38  effect of statutory law and shall be binding in the compacting

7-39  states to the extent and in the manner provided in this Compact.

7-40      (3)  To oversee, supervise and coordinate the interstate

7-41  movement of juveniles subject to the terms of this Compact and

7-42  any bylaws adopted and rules promulgated by the Interstate

7-43  Commission.

8-1  (4)  To enforce compliance with the provisions of the

8-2  Compact, the rules promulgated by the Interstate Commission,

8-3  and the bylaws, using all necessary and proper means, including,

8-4  but not limited to, the use of judicial process.

8-5  (5)  To establish and maintain offices which shall be located

8-6  within one or more of the compacting states.

8-7  (6)  To purchase and maintain insurance and bonds.

8-8  (7)  To borrow, accept, hire or contract for services of

8-9  personnel.

8-10      (8)  To establish and appoint committees and hire staff which

8-11  it deems necessary for the carrying out of its functions including,

8-12  but not limited to, an Executive Committee as required by Article

8-13  III which shall have the power to act on behalf of the Interstate

8-14  Commission in carrying out its powers and duties hereunder.

8-15      (9)  To elect or appoint such officers, attorneys, employees,

8-16  agents or consultants, and to fix their compensation, define their

8-17  duties and determine their qualifications, and to establish the

8-18  Interstate Commission’s personnel policies and programs relating

8-19  to, inter alia, conflicts of interest, rates of compensation, and

8-20  qualifications of personnel.

8-21      (10)  To accept any and all donations and grants of money,

8-22  equipment, supplies, materials, and services, and to receive, utilize,

8-23  and dispose of it.

8-24      (11)  To lease, purchase, accept contributions or donations of,

8-25  or otherwise to own, hold, improve or use any property, real,

8-26  personal, or mixed.

8-27      (12)  To sell, convey, mortgage, pledge, lease, exchange,

8-28  abandon or otherwise dispose of any property, real, personal or

8-29  mixed.

8-30      (13)  To establish a budget and make expenditures and levy

8-31  dues as provided in Article VIII of this Compact.

8-32      (14)  To sue and be sued.

8-33      (15)  To adopt a seal and bylaws governing the management

8-34  and operation of the Interstate Commission.

8-35      (16)  To perform such functions as may be necessary or

8-36  appropriate to achieve the purposes of this Compact.

8-37      (17)  To report annually to the legislatures, governors,

8-38  judiciary and State Councils of the compacting states concerning

8-39  the activities of the Interstate Commission during the preceding

8-40  year. Such reports shall also include any recommendations that

8-41  may have been adopted by the Interstate Commission.

8-42      (18)  To coordinate education, training and public awareness

8-43  regarding the interstate movement of juveniles for officials

8-44  involved in such activity.

9-1  (19)  To establish uniform standards of the reporting,

9-2  collecting and exchanging of data.

9-3  (20)  To maintain the Interstate Commission’s corporate

9-4  books and records in accordance with the bylaws.

 

9-5  ARTICLE V.  ORGANIZATION AND OPERATION OF

9-6  THE INTERSTATE COMMISSION

 

9-7  Section A.  Bylaws

 

9-8  The Interstate Commission shall, by a majority of the members

9-9  present and voting, within 12 months after the first Interstate

9-10  Commission meeting, adopt bylaws to govern its conduct as may

9-11  be necessary or appropriate to carry out the purposes of the

9-12  Compact, including, but not limited to:

9-13      (1) Establishing the fiscal year of the Interstate Commission;

9-14      (2) Establishing an Executive Committee and such other

9-15  committees as may be necessary;

9-16      (3) Providing for the establishment of committees governing

9-17  any general or specific delegation of any authority or function of

9-18  the Interstate Commission;

9-19      (4) Providing reasonable procedures for calling and

9-20  conducting meetings of the Interstate Commission, and ensuring

9-21  reasonable notice of each such meeting;

9-22      (5) Establishing the titles and responsibilities of the officers of

9-23  the Interstate Commission;

9-24      (6) Providing a mechanism for concluding the operations of

9-25  the Interstate Commission and the return of any surplus funds

9-26  that may exist upon the termination of the Compact after the

9-27  payment and/or reserving of all of its debts and obligations;

9-28      (7) Providing “start-up” rules for the initial administration of

9-29  the Compact; and

9-30      (8) Establishing standards and procedures for compliance and

9-31  technical assistance in carrying out the Compact.

 

9-32  Section B.  Officers and Staff

 

9-33      (1)  The Interstate Commission shall, by a majority of the

9-34  members, elect annually from among its members a Chairperson

9-35  and a Vice Chairperson, each of whom shall have such authority

9-36  and duties as may be specified in the bylaws. The Chairperson or,

9-37  in the Chairperson’s absence or disability, the Vice Chairperson

9-38  shall preside at all meetings of the Interstate Commission. The

9-39  officers so elected shall serve without compensation or

9-40  remuneration from the Interstate Commission, provided that,

10-1  subject to the availability of budgeted funds, the officers shall be

10-2  reimbursed for any ordinary and necessary costs and expenses

10-3  incurred by them in the performance of their duties and

10-4  responsibilities as officers of the Interstate Commission.

10-5      (2)  The Interstate Commission shall, through its Executive

10-6  Committee, appoint or retain an Executive Director for such

10-7  period, upon such terms and conditions and for such

10-8  compensation as the Interstate Commission may deem

10-9  appropriate. The Executive Director shall serve as Secretary to the

10-10  Interstate Commission, but shall not be a member and shall hire

10-11  and supervise such other staff as may be authorized by the

10-12  Interstate Commission.

 

10-13  Section C.  Qualified Immunity, Defense and Indemnification

 

10-14     (1)  The Interstate Commission’s Executive Director and

10-15  employees shall be immune from suit and liability, either

10-16  personally or in their official capacity, for any claim for damage to

10-17  or loss of property or personal injury or other civil liability caused

10-18  or arising out of or relating to any actual or alleged act, error or

10-19  omission that occurred, or that such person had a reasonable

10-20  basis for believing occurred within the scope of Interstate

10-21  Commission employment, duties, or responsibilities; provided, that

10-22  any such person shall not be protected from suit or liability for any

10-23  damage, loss, injury or liability caused by the intentional or willful

10-24  and wanton misconduct of any such person.

10-25     (2)  The liability of any Commissioner, or the employee or

10-26  agent of a Commissioner, acting within the scope of such person’s

10-27  employment or duties for acts, errors, or omissions occurring

10-28  within such person’s state may not exceed the limits of liability set

10-29  forth under the constitution and laws of that state for state

10-30  officials, employees and agents. Nothing in this subsection shall

10-31  be construed to protect any such person from suit or liability for

10-32  any damage, loss, injury or liability caused by the intentional or

10-33  willful and wanton misconduct of any such person.

10-34     (3)  The Interstate Commission shall defend the Executive

10-35  Director or the employees or representatives of the Interstate

10-36  Commission and, subject to the approval of the Attorney General

10-37  of the state represented by any Commissioner of a compacting

10-38  state, shall defend such Commissioner or the Commissioner’s

10-39  representatives or employees in any civil action seeking to impose

10-40  liability arising out of any actual or alleged act, error or omission

10-41  that occurred within the scope of Interstate Commission

10-42  employment, duties or responsibilities, or that the defendant had a

10-43  reasonable basis for believing occurred within the scope of

11-1  Interstate Commission employment, duties or responsibilities,

11-2  provided that the actual or alleged act, error or omission did not

11-3  result from intentional or willful and wanton misconduct on the

11-4  part of such person.

11-5      (4)  The Interstate Commission shall indemnify and hold the

11-6  Commissioner of a compacting state, or the Commissioner’s

11-7  representatives or employees, or the Interstate Commission’s

11-8  representatives or employees, harmless in the amount of any

11-9  settlement or judgment obtained against such persons arising out

11-10  of any actual or alleged act, error or omission that occurred within

11-11  the scope of Interstate Commission employment, duties or

11-12  responsibilities, or that such persons had a reasonable basis for

11-13  believing occurred within the scope of Interstate Commission

11-14  employment, duties or responsibilities, provided that the actual or

11-15  alleged act, error or omission did not result from intentional or

11-16  willful and wanton misconduct on the part of such persons.

 

11-17  ARTICLE VI.  RULEMAKING FUNCTIONS OF

11-18  THE INTERSTATE COMMISSION

 

11-19     (1)  The Interstate Commission shall promulgate and publish

11-20  rules in order to effectively and efficiently achieve the purposes of

11-21  the Compact.

11-22     (2)  Rulemaking shall occur pursuant to the criteria set forth

11-23  in this article and the bylaws and rules adopted pursuant thereto.

11-24  Such rulemaking shall substantially conform to the principles of

11-25  the Model State Administrative Procedure Act, 1981 Act, Uniform

11-26  Laws Annotated, Vol. 15, p.1 (2000), or such other administrative

11-27  procedures act as the Interstate Commission deems appropriate

11-28  and consistent with due process requirements under the United

11-29  States Constitution as now or hereafter interpreted by the United

11-30  States Supreme Court. All rules and amendments shall become

11-31  binding as of the date specified, as published with the final version

11-32  of the rule as approved by the Interstate Commission.

11-33     (3)  When promulgating a rule, the Interstate Commission

11-34  shall, at a minimum:

11-35     (a) Publish the proposed rule’s entire text stating the reason(s)

11-36  for that proposed rule;

11-37     (b) Allow and invite any and all persons to submit written data,

11-38  facts, opinions and arguments, which information shall be added

11-39  to the record and be made publicly available;

11-40     (c) Provide an opportunity for an informal hearing if

11-41  petitioned by 10 or more persons; and

12-1      (d) Promulgate a final rule and its effective date, if

12-2  appropriate, based on input from state or local officials, or

12-3  interested parties.

12-4      (4)  Allow, not later than 60 days after a rule is promulgated,

12-5  any interested person to file a petition in the United States District

12-6  Court for the District of Columbia or in the federal district court

12-7  where the Interstate Commission’s principal office is located for

12-8  judicial review of such rule. If the court finds that the Interstate

12-9  Commission’s action is not supported by substantial evidence in

12-10  the rulemaking record, the court shall hold the rule unlawful and

12-11  set it aside. For purposes of this subsection, evidence is substantial

12-12  if it would be considered substantial evidence under the Model

12-13  State Administrative Procedure Act.

12-14     (5)  If a majority of the legislatures of the compacting states

12-15  rejects a rule, by enactment of a statute or resolution in the same

12-16  manner used to adopt the Compact, then such rule shall have no

12-17  further force and effect in any compacting state.

12-18     (6)  The existing rules governing the operation of the

12-19  Interstate Compact on Juveniles superceded by this act shall be

12-20  null and void 12 months after the first meeting of the Interstate

12-21  Commission created hereunder.

12-22     (7)  Upon determination by the Interstate Commission that an

12-23  emergency exists, it may promulgate an emergency rule which

12-24  shall become effective immediately upon adoption, provided that

12-25  the usual rulemaking procedures provided hereunder shall be

12-26  retroactively applied to said rule as soon as reasonably possible,

12-27  but no later than 90 days after the effective date of the emergency

12-28  rule.

 

12-29  ARTICLE VII.  OVERSIGHT, ENFORCEMENT AND

12-30  DISPUTE RESOLUTION BY THE

12-31  INTERSTATE COMMISSION

 

12-32  Section A.  Oversight

 

12-33     (1)  The Interstate Commission shall oversee the

12-34  administration and operations of the interstate movement of

12-35  juveniles subject to this Compact in the compacting states and

12-36  shall monitor such activities being administered in noncompacting

12-37  states which may significantly affect compacting states.

12-38     (2)  The courts and executive agencies in each compacting

12-39  state shall enforce this Compact and shall take all actions

12-40  necessary and appropriate to effectuate the Compact’s purposes

12-41  and intent. The provisions of this Compact and the rules

12-42  promulgated hereunder shall be received by all the judges, public

13-1  officers, commissions and departments of the state government as

13-2  evidence of the authorized statute and administrative rules. All

13-3  courts shall take judicial notice of the Compact and the rules. In

13-4  any judicial or administrative proceeding in a compacting state

13-5  pertaining to the subject matter of this Compact which may affect

13-6  the powers, responsibilities or actions of the Interstate

13-7  Commission, it shall be entitled to receive all service of process in

13-8  any such proceeding, and shall have standing to intervene in the

13-9  proceeding for all purposes.

 

13-10  Section B.  Dispute Resolution

 

13-11     (1)  The compacting states shall report to the Interstate

13-12  Commission on all issues and activities necessary for the

13-13  administration of the Compact as well as issues and activities

13-14  pertaining to compliance with the provisions of the Compact and

13-15  its bylaws and rules.

13-16     (2)  The Interstate Commission shall attempt, upon the

13-17  request of a compacting state, to resolve any disputes or other

13-18  issues which are subject to the Compact and which may arise

13-19  among compacting states and between compacting and

13-20  noncompacting states. The Interstate Commission shall

13-21  promulgate a rule providing for both mediation and binding

13-22  dispute resolution for disputes among the compacting states.

13-23     (3)  The Interstate Commission, in the reasonable exercise of

13-24  its discretion, shall enforce the provisions and rules of this

13-25  Compact using any or all means set forth in Article XI of this

13-26  Compact.

 

13-27  ARTICLE VIII.  FINANCE

 

13-28     (1)  The Interstate Commission shall pay or provide for the

13-29  payment of the reasonable expenses of its establishment,

13-30  organization and ongoing activities.

13-31     (2)  The Interstate Commission shall levy on and collect an

13-32  annual assessment from each compacting state to cover the cost of

13-33  the internal operations and activities of the Interstate Commission

13-34  and its staff which must be in a total amount sufficient to cover

13-35  the Interstate Commission’s annual budget as approved each year.

13-36  The aggregate annual assessment amount shall be allocated based

13-37  upon a formula to be determined by the Interstate Commission,

13-38  taking into consideration the population of each compacting state

13-39  and the volume of interstate movement of juveniles in each

13-40  compacting state and shall promulgate a rule binding upon all

13-41  compacting states which governs said assessment.

14-1      (3)  The Interstate Commission shall not incur any obligations

14-2  of any kind prior to securing the funds adequate to meet the same,

14-3  nor shall the Interstate Commission pledge the credit of any of the

14-4  compacting states, except by and with the authority of the

14-5  compacting state.

14-6      (4)  The Interstate Commission shall keep accurate accounts

14-7  of all receipts and disbursements. The receipts and disbursements

14-8  of the Interstate Commission shall be subject to the audit and

14-9  accounting procedures established under its bylaws. However, all

14-10  receipts and disbursements of funds handled by the Interstate

14-11  Commission shall be audited yearly by a certified or licensed

14-12  public accountant and the report of the audit shall be included in

14-13  and become part of the annual report of the Interstate

14-14  Commission.

 

14-15  ARTICLE IX.  THE STATE COUNCIL

 

14-16     (1)  The Nevada State Council for Interstate Juvenile

14-17  Supervision is hereby created. The Nevada State Council for

14-18  Interstate Juvenile Supervision consists of the following seven

14-19  members:

14-20     (a) The Compact Administrator, appointed by the Governor,

14-21  who shall serve as Chairman and as Commissioner to the

14-22  Interstate Commission for this state;

14-23     (b) Three members appointed by the Governor, one of whom

14-24  must be a representative of an organization supporting the rights

14-25  of victims of crime;

14-26     (c) One member of the Senate, appointed by the Majority

14-27  Leader of the Senate;

14-28     (d) One member of the Assembly, appointed by the Speaker of

14-29  the Assembly; and

14-30     (e) One member who is a district judge, appointed by the Chief

14-31  Justice of the Supreme Court of Nevada.

14-32     (2)  The members of the Nevada State Council for Interstate

14-33  Juvenile Supervision serve at the pleasure of the persons who

14-34  appointed them.

14-35     (3)  The Legislators who are members of the Nevada State

14-36  Council for Interstate Juvenile Supervision are entitled to receive

14-37  the salary provided for a majority of the members of the

14-38  Legislature during the first 60 days of the preceding session for

14-39  each day’s attendance at a meeting of the Nevada State Council

14-40  for Interstate Juvenile Supervision.

14-41     (4)  While engaged in the business of the Interstate

14-42  Commission, each member of the Nevada State Council for

14-43  Interstate Juvenile Supervision is entitled to receive the per diem

15-1  allowance and travel expenses provided for state officers and

15-2  employees generally.

15-3      (5)  The Nevada State Council for Interstate Juvenile

15-4  Supervision shall develop policies concerning the operation of the

15-5  Compact within this state and shall exercise oversight and

15-6  advocacy concerning its participation in activities of the Interstate

15-7  Commission.

 

15-8  ARTICLE X.  COMPACTING STATES, EFFECTIVE

15-9  DATE AND AMENDMENT

 

15-10     (1)  Any state, as defined in Article II of this Compact, is

15-11  eligible to become a compacting state.

15-12     (2)  The Compact shall become effective and binding upon

15-13  legislative enactment of the Compact into law by no less than 35 of

15-14  the states. The initial effective date shall be the later of July 1,

15-15  2004, or upon enactment into law by the 35th jurisdiction.

15-16  Thereafter it shall become effective and binding as to any other

15-17  compacting state upon enactment of the Compact into law by that

15-18  state. The governors of nonmember states or their designees shall

15-19  be invited to participate in the activities of the Interstate

15-20  Commission on a nonvoting basis prior to adoption of the

15-21  Compact by all states and territories of the United States.

15-22     (3)  The Interstate Commission may propose amendments to

15-23  the Compact for enactment by the compacting states. No

15-24  amendment shall become effective and binding upon the Interstate

15-25  Commission and the compacting states unless and until it is

15-26  enacted into law by unanimous consent of the compacting states.

 

15-27  ARTICLE XI.  WITHDRAWAL, DEFAULT, TERMINATION

15-28  AND JUDICIAL ENFORCEMENT

 

15-29  Section A.  Withdrawal

 

15-30     (1)  Once effective, the Compact shall continue in force and

15-31  remain binding upon each and every compacting state, provided

15-32  that a compacting state may withdraw from the Compact by

15-33  specifically repealing the statute which enacted the Compact into

15-34  law.

15-35     (2)  The effective date of withdrawal is the effective date of the

15-36  repeal.

15-37     (3)  The withdrawing state shall immediately notify the

15-38  Chairperson of the Interstate Commission in writing upon the

15-39  introduction of legislation repealing this Compact in

15-40  the withdrawing state. The Interstate Commission shall notify the

16-1  other compacting states of the withdrawing state’s intent to

16-2  withdraw within 60 days of its receipt thereof.

16-3      (4)  The withdrawing state is responsible for all assessments,

16-4  obligations and liabilities incurred through the effective date of

16-5  withdrawal, including any obligations the performance of which

16-6  extend beyond the effective date of withdrawal.

16-7      (5)  Reinstatement following withdrawal of any compacting

16-8  state shall occur upon the withdrawing state reenacting the

16-9  Compact or upon such later date as determined by the Interstate

16-10  Commission.

 

16-11  Section B.  Technical Assistance, Fines, Suspension,

16-12  Termination and Default

 

16-13     (1)  If the Interstate Commission determines that any

16-14  compacting state has at any time defaulted in the performance of

16-15  any of its obligations or responsibilities under this Compact, or the

16-16  bylaws or duly promulgated rules, the Interstate Commission may

16-17  impose any or all of the following penalties:

16-18     (a) Remedial training and technical assistance as directed by

16-19  the Interstate Commission;

16-20     (b) Alternative dispute resolution;

16-21     (c) Fines, fees and costs in such amounts as are deemed to be

16-22  reasonable as fixed by the Interstate Commission; and

16-23     (d) Suspension or termination of membership in the Compact,

16-24  which shall be imposed only after all other reasonable means of

16-25  securing compliance under the bylaws and rules have been

16-26  exhausted and the Interstate Commission has therefore

16-27  determined that the offending state is in default. Immediate notice

16-28  of suspension shall be given by the Interstate Commission to the

16-29  Governor, the Chief Justice or the Chief Judicial Officer of the

16-30  state, the Majority and Minority Leaders of the defaulting state’s

16-31  legislature, and the State Council. The grounds for default

16-32  include, but are not limited to, failure of a compacting state to

16-33  perform such obligations or responsibilities imposed upon it by

16-34  this Compact, the bylaws or duly promulgated rules and any other

16-35  grounds designated in the Interstate Commission’s bylaws and

16-36  rules. The Interstate Commission shall immediately notify the

16-37  defaulting state in writing of the penalty imposed by the Interstate

16-38  Commission and of the default pending a cure of the default. The

16-39  Interstate Commission shall stipulate the conditions and the time

16-40  period within which the defaulting state must cure its default. If

16-41  the defaulting state fails to cure the default within the time period

16-42  specified by the Interstate Commission, the defaulting state shall

16-43  be terminated from the Compact upon an affirmative vote of a

17-1  majority of the compacting states and all rights, privileges and

17-2  benefits conferred by this Compact shall be terminated from the

17-3  effective date of termination.

17-4      (2)  Within 60 days of the effective date of termination of a

17-5  defaulting state, the Interstate Commission shall notify the

17-6  Governor, the Chief Justice or Chief Judicial Officer, the Majority

17-7  and Minority Leaders of the defaulting state’s legislature, and the

17-8  State Council of such termination.

17-9      (3)  The defaulting state is responsible for all assessments,

17-10  obligations and liabilities incurred through the effective date of

17-11  termination including any obligations, the performance of which

17-12  extends beyond the effective date of termination.

17-13     (4)  The Interstate Commission shall not bear any costs

17-14  relating to the defaulting state unless otherwise mutually agreed

17-15  upon in writing between the Interstate Commission and the

17-16  defaulting state.

17-17     (5)  Reinstatement following termination of any compacting

17-18  state requires both a reenactment of the Compact by the defaulting

17-19  state and the approval of the Interstate Commission pursuant to

17-20  the rules.

 

17-21  Section C.  Judicial Enforcement

 

17-22     The Interstate Commission may, by majority vote of the

17-23  members, initiate legal action in the United States District Court

17-24  for the District of Columbia or, at the discretion of the Interstate

17-25  Commission, in the federal district where the Interstate

17-26  Commission has its offices, to enforce compliance with the

17-27  provisions of the Compact, its duly promulgated rules and bylaws

17-28  against any compacting state in default. In the event judicial

17-29  enforcement is necessary, the prevailing party shall be awarded all

17-30  costs of such litigation including reasonable attorneys fees.

 

17-31  Section D.  Dissolution of Compact

 

17-32     (1)  The Compact dissolves effective upon the date of the

17-33  withdrawal or default of the compacting state which reduces

17-34  membership in the Compact to one compacting state.

17-35     (2)  Upon the dissolution of this Compact, the Compact

17-36  becomes null and void and shall be of no further force or effect,

17-37  and the business and affairs of the Interstate Commission shall be

17-38  concluded and any surplus funds shall be distributed in

17-39  accordance with the bylaws.

 

18-1  ARTICLE XII.  SEVERABILITY AND

18-2  CONSTRUCTION

 

18-3      (1)  The provisions of this Compact shall be severable, and if

18-4  any phrase, clause, sentence or provision is deemed

18-5  unenforceable, the remaining provisions of the Compact shall be

18-6  enforceable.

18-7      (2)  The provisions of this Compact shall be liberally

18-8  construed to effectuate its purposes.

 

18-9  ARTICLE XIII.  BINDING EFFECT OF COMPACT

18-10  AND OTHER LAWS

 

18-11  Section A.  Other Laws

 

18-12     (1)  Nothing herein prevents the enforcement of any other law

18-13  of a compacting state that is not inconsistent with this Compact.

18-14     (2)  All compacting states’ laws other than state Constitutions

18-15  and other interstate compacts conflicting with this Compact are

18-16  superseded to the extent of the conflict.

 

18-17  Section B.  Binding Effect of the Compact

 

18-18     (1)  All lawful actions of the Interstate Commission, including

18-19  all rules and bylaws promulgated by the Interstate Commission,

18-20  are binding upon the compacting states.

18-21     (2)  All agreements between the Interstate Commission and

18-22  the compacting states are binding in accordance with their terms.

18-23     (3)  Upon the request of a party to a conflict over meaning or

18-24  interpretation of Interstate Commission actions, and upon a

18-25  majority vote of the compacting states, the Interstate Commission

18-26  may issue advisory opinions regarding such meaning or

18-27  interpretation.

18-28     (4)  In the event any provision of this Compact exceeds the

18-29  constitutional limits imposed on the legislature of any compacting

18-30  state, the obligations, duties, powers or jurisdiction sought to be

18-31  conferred by such provision upon the Interstate Commission shall

18-32  be ineffective and such obligations, duties, powers or jurisdiction

18-33  shall remain in the compacting state and shall be exercised by the

18-34  agency thereof to which such obligations, duties, powers or

18-35  jurisdiction are delegated by law in effect at the time this Compact

18-36  becomes effective.

18-37     Sec. 3.  All claims that arise pursuant to the provisions of this

18-38  chapter must be paid from the Reserve for Statutory Contingency

19-1  Account upon approval by the Compact Administrator appointed

19-2  pursuant to section 2 of this act.

19-3      Sec. 4.  NRS 353.264 is hereby amended to read as follows:

19-4      353.264  1.  The Reserve for Statutory Contingency Account

19-5  is hereby created in the State General Fund.

19-6      2.  The State Board of Examiners shall administer the Reserve

19-7  for Statutory Contingency Account. The money in the Account must

19-8  be expended only for:

19-9      (a) The payment of claims which are obligations of the State

19-10  pursuant to section 3 of this act and NRS 41.03435, 41.0347,

19-11  176.485, 179.310, 212.040, 212.050, 212.070, [214.040,] 281.174,

19-12  282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262,

19-13  412.154 and 475.235;

19-14     (b) The payment of claims which are obligations of the State

19-15  pursuant to:

19-16         (1) Chapter 472 of NRS arising from operations of the

19-17  Division of Forestry of the State Department of Conservation and

19-18  Natural Resources directly involving the protection of life

19-19  and property; and

19-20         (2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153 and

19-21  293B.210,

19-22  except that claims may be approved for the respective purposes

19-23  listed in this paragraph only when the money otherwise appropriated

19-24  for those purposes has been exhausted;

19-25     (c) The payment of claims which are obligations of the State

19-26  pursuant to NRS 41.0349 and 41.037, but only to the extent that the

19-27  money in the Fund for Insurance Premiums is insufficient to pay the

19-28  claims; and

19-29     (d) The payment of claims which are obligations of the State

19-30  pursuant to NRS 535.030 arising from remedial actions taken by the

19-31  State Engineer when the condition of a dam becomes dangerous to

19-32  the safety of life or property.

19-33     3.  The State Board of Examiners may authorize its Clerk,

19-34  under such circumstances as it deems appropriate, to approve, on

19-35  behalf of the Board, the payment of claims from the Reserve for

19-36  Statutory Contingency Account. For the purpose of exercising any

19-37  authority granted to the Clerk of the State Board of Examiners

19-38  pursuant to this subsection, any statutory reference to the State

19-39  Board of Examiners relating to such a claim shall be deemed to refer

19-40  to the Clerk of the Board.

19-41     Sec. 5.  NRS 214.010, 214.015, 214.020, 214.030, 214.040,

19-42  214.050 and 214.060 are hereby repealed.

19-43     Sec. 6.  This act becomes effective:

19-44     1.  On July 1, 2004; or

20-1      2.  Upon enactment of the Interstate Compact for Juveniles into

20-2  law by the 35th jurisdiction,

20-3  whichever is later.

 

20-4  LEADLINES OF REPEALED SECTIONS

 

20-5      214.010  Execution of compact.

20-6      214.015  Authorized amendment to compact.

20-7      214.020  Administrator: Designation; powers and duties.

20-8      214.030  Execution of supplementary agreements by

20-9   administrator; limitations.

20-10     214.040  Payment of claims from Reserve for Statutory

20-11   Contingency Account.

20-12     214.050  Payment of fees of attorneys and guardians ad

20-13   litem.

20-14     214.060  Responsibilities of state departments, agencies and

20-15   officers.

 

20-16  H