Chapter 12-66 Interstate Compact for Juveniles

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CHAPTER 12-66 INTERSTATE COMPACT FOR JUVENILES 12-66-01. Compact for juveniles

This interstate compact for juveniles is entered with all jurisdictions legally joining the compact in the form substantially as follows: ARTICLE I - PURPOSE The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that the United States Congress, by enacting the Crime Control Act [Pub. L. 89-554; 80 Stat. 608; 4 U.S.C. 112] has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime

It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: 1

Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; 3. Return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return; 4. Make contracts for the cooperative institutionalization in public facilities in member 5

states for delinquent youth needing special services; Provide for the effective tracking and supervision of juveniles; Equitably allocate the costs, benefits, and obligations of the compacting states; Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; Establish procedures to resolve pending charges against juvenile offenders before transfer or release to the community under the terms of this compact; Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; 11. Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; 12. Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and 13. Coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission are the formation of public policies and therefore are public business, and the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact must be reasonably and liberally construed to accomplish the purposes and policies of the compact

ARTICLE II - DEFINITIONS Page No. 1 As used in this compact, unless the context requires otherwise: 1

"Bylaws" means those bylaws established by the commission for its governance, or for directing or controlling its actions or conduct

"Commission" means the interstate commission for juveniles created by article 3 of this compact

"Commissioner" means the voting representative of each compacting state appointed pursuant to article 3 of this compact

"Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the commission, and policies adopted by the state council under this compact

"Compacting state" means any state that has enacted the enabling legislation for this compact

"Court" means any court having jurisdiction over delinquent, neglected, or dependent children

"Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator

"Juvenile" means any individual defined as a juvenile in any member state or by the rules of the interstate commission, including: a

An accused delinquent, who is an individual charged with an offense that, if committed by an adult, would be a criminal offense; An adjudicated delinquent, who is an individual found to have committed an offense that, if committed by an adult, would be a criminal offense; An accused status offender, who is an individual charged with an offense that would not be a criminal offense if committed by an adult; An adjudicated status offender, who is an individual found to have committed an offense that would not be a criminal offense if committed by an adult; and A nonoffender, who is an individual in need of supervision who has not been accused or adjudicated a status offender or delinquent

"Noncompacting state" means any state that has not enacted the enabling legislation for this compact

"Probation or parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states

"State" means a state of the United States, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands

ARTICLE III - INTERSTATE COMMISSION FOR JUVENILES The compacting states create the interstate commission for juveniles. The commission is a body corporate and joint agency of the compacting states. The commission has all the responsibilities, powers, and duties set forth in this compact, and any additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact

The commission consists of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision. The commissioner is the compact administrator, deputy compact administrator, or designee from that state who serves on the commission in that capacity under or pursuant to the applicable law of the compacting state

In addition to the commissioners who are the voting representatives of each state, the commission must include individuals who are not commissioners, but who are members of interested organizations. The noncommissioner members include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the commission are nonvoting Page No. 2 4

members. The commission may provide in its bylaws for other additional nonvoting members, including members of other national organizations, in those numbers as determined by the commission

Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the commission

The commission shall meet at least once each calendar year. The chairman may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice must be given of all meetings and meetings must be open to the public

The commission shall establish an executive committee that includes commission officers, members, and others as determined by the bylaws. The executive committee shall act on behalf of the commission during periods when the commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee oversees the day-to-day activities of the administration of the compact managed by an executive director and commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules, and performs any other duties as directed by the commission or set forth in the bylaws

Each member of the commission is entitled to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and may not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication

The commission's bylaws must establish conditions and procedures under which the commission makes its information and official records available to the public for inspection or copying. The commission may exempt from disclosure any information or official records to the extent the information or records would adversely affect personal privacy rights or proprietary interests

Public notice must be given of all meetings and all meetings are open to the public, except as set forth in the rules or as otherwise provided in the compact. The commission and any of its committees may close a meeting to the public when it determines by two-thirds vote that an open meeting would be likely to: a. Relate solely to the commission's internal personnel practices and procedures; b. Disclose matters specifically exempted from disclosure by statute; c. Disclose trade secrets or commercial or financial information that is privileged or confidential; Involve accusing any person of a crime or formally censuring any person; d

e. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; f. Disclose investigative records compiled for law enforcement purposes; g. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the commission with respect to a regulated person for the purpose of regulation or supervision of that person; h. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person; or Specifically relate to the commission's issuance of a subpoena or its participation in a legal proceeding

For every meeting closed pursuant to this provision, the commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken and the reasons i

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therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any action must be identified in the minutes

The commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. The methods of data collection, exchange, and reporting, insofar as is reasonably possible, must conform to up-to-date technology and coordinate its information functions with the appropriate repository of records

ARTICLE IV - POWERS AND DUTIES OF THE COMMISSION To provide for dispute resolution among compacting states

To adopt rules to effect the purposes and obligations as enumerated in this compact, which have the force and effect of law and are binding in the compacting states to the extent and in the manner provided in this compact

To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules adopted by the commission

To enforce compliance with the compact provisions, the rules adopted by the commission, and the bylaws, using all necessary and proper means, including the use of judicial process

To establish and maintain offices located within one or more of the compacting states

To purchase and maintain insurance and bonds

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

To establish and appoint committees and hire staff it determines necessary for the carrying out of its functions, including an executive committee as required by article 3, which has the power to act on behalf of the commission in carrying out its powers and duties under this compact

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

To accept, use, and dispose of donations and grants of money, equipment, supplies, materials, and services

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

To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property

To establish a budget and make expenditures and levy dues as provided in article 8 of this compact

To sue and be sued

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

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

To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the commission during the preceding year. Reports must include any recommendations that may have been adopted by the commission

To coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in that activity

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

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

ARTICLE V - ORGANIZATION AND OPERATION OF THE COMMISSION 11

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The commission, by a majority of the members present and voting, within twelve months after the first commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including: a

Establishing the fiscal year of the commission; Establishing an executive committee and any other committee as may be necessary; Providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission; Providing reasonable procedures for calling and conducting meetings of the commission and ensuring reasonable notice of each meeting; Establishing the titles and responsibilities of the officers of the commission; Providing a mechanism for concluding the operations of the commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations; Providing startup rules for initial administration of the compact; and Establishing standards and procedures for compliance and technical assistance in carrying out the compact

The commission, by a majority of the members, shall elect annually from among its members a chairman and a vice chairman, each of whom has the authority and duties as may be specified in the bylaws. The chairman or, in the chairman's absence or disability, the vice chairman shall preside at all meetings of the commission. The officers so elected serve without compensation or remuneration from the commission, provided that, subject to the availability of budgeted funds, the officers are reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission

The commission, through its executive committee, shall appoint or retain an executive director for a period, upon the terms and conditions, and for the compensation as the commission determines appropriate. The executive director shall serve as secretary to the commission, but may not be a member, and shall hire and supervise any other staff as may be authorized by the commission

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

The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of that individual's employment or duties for acts, errors, or omissions occurring within that individual's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. This subdivision does not protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that individual

The commission shall defend the executive director or the employees or representatives of the commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend the commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did b

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not result from intentional or willful and wanton misconduct on the part of that individual

The commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against the individuals arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individuals had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful and wanton misconduct on the part of the individuals

ARTICLE VI - RULEMAKING FUNCTIONS OF THE COMMISSION 1

The commission shall adopt and publish rules to effectively and efficiently achieve the purposes of the compact

2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. The rulemaking must substantially conform to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the Constitution of the United States. All rules and amendments become binding as of the date specified, as published with the final version of the rule as approved by the commission

3. When adopting a rule, the commission shall: a

Publish the proposed rule's entire text stating the reason for that proposed rule; Allow and invite any person to submit written data, facts, opinions, and arguments which must be added to the record, and be made publicly available; Provide an opportunity for an informal hearing if petitioned by ten or more persons; and Adopt a final rule and its effective date, if appropriate, based on comment from interested parties or state or local officials

4. Not later than sixty days after a rule is adopted, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the commission's principal office is located for judicial review of the rule. If the court finds that the commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act

If a majority of the legislatures of the compacting states rejects a rule, those states, by enactment of a statute or resolution in the same manner used to adopt the compact, may cause that the rule has no further force and effect in any compacting state

The existing rules governing the operation of the interstate compact on juveniles superseded by this act are void twelve months after the first meeting of the commission

7. Upon determination by the commission that a state of emergency exists, the commission may adopt an emergency rule that becomes effective immediately upon adoption, provided that the usual rulemaking procedures provided in this article are retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule

ARTICLE VII - OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE COMMISSION 1

The commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor those activities being administered in noncompacting states which may significantly affect compacting states

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The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. This compact and the rules adopted under this compact must be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts must take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the interstate commission, the commission is entitled to receive all service of process in the proceeding, and has standing to intervene in the proceeding for all purposes

The compacting states shall report to the commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules

The commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes among the compacting states

The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in article 11 of this compact

ARTICLE VIII - FINANCE The commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities

The commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the commission and the commission's staff, which must be in a total amount sufficient to cover the commission's annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall adopt a rule binding upon all compacting states which governs the assessment

The commission may not incur any obligations of any kind before securing the funds adequate to meet the obligations, nor may the commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state

The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant and the report of the audit must be included in and become part of the annual report of the commission

ARTICLE IX - COMPACT ADMINISTRATOR AND STATE COUNCIL The director of the department of corrections and rehabilitation, or the director's designee, shall serve as the compact administrator for this state's commissioner to the commission

The North Dakota state council for interstate juvenile supervision is established, consisting of seven members. The director of the department of corrections and rehabilitation, or the director's designee, is a member of the state council and serves as chairman. Of the remaining members of the state council: a

The governor shall appoint three members, one of whom must represent a crime victim's organization; and The chief justice of the supreme court shall appoint one member and the chairman of the legislative council shall appoint one member from the house of representatives and one member from the senate

The term of office of a member is four years

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The state council shall meet at least twice a year

The state council may advise the compact administrator on participation in the commission activities and administration of the compact

6. Members of the state council are entitled to expenses as provided in sections 44-08-04 and 54-06-09. Legislative assembly members also are entitled to compensation at the rate provided in section 54-35-10

ARTICLE X - COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT Any state is eligible to become a compacting state

The compact becomes effective and binding upon legislative enactment of the compact into law by no less than thirty-five states. The initial effective date is the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, the compact becomes effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees must be invited to participate in the activities of the commission on a nonvoting basis before the adoption of the compact by all states and territories of the United States

The commission may propose amendments to the compact for enactment by the compacting states. An amendment does not become effective and binding upon the commission and the compacting states until it is enacted into law by unanimous consent of the compacting states

ARTICLE XI - WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT 1. Once effective, the compact continues in force and remains binding upon every compacting state, but a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. The effective date of withdrawal is the effective date of the repeal. The withdrawing state shall notify the chairman of the commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of receipt of the notice. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state occurs upon the withdrawing state re-enacting the compact or upon a later date as determined by the interstate commission

If the commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact or the bylaws or rules of the commission, the commission may impose any or all of the following penalties: a. Remedial training and technical assistance as directed by the commission; b

Alternative dispute resolution; Fines, fees, and costs in those amounts as are determined to be reasonable as fixed by the commission; and Suspension or termination of membership in the compact, which may be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the commission has determined that the offending state is in default

(1) 2

Immediate notice of suspension must be given by the commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include failure of a compacting state to perform the obligations or responsibilities imposed upon the state by this compact, the bylaws, or rules and any other grounds designated in commission bylaws and rules. The commission shall notify the defaulting state in writing of the penalty imposed by the commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If Page No. 8 the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state must be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact must be terminated from the effective date of termination

(2) Within sixty days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of the termination. The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations the performance of which extends beyond the effective date of termination. The commission does not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the commission and the defaulting state. Reinstatement following termination of any compacting state requires both a re-enactment of the compact by the defaulting state and the approval of the commission pursuant to the rules

The commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the commission, in the federal district where the commission has its offices, to enforce compliance with the compact, its duly promulgated rules, and bylaws against any compacting state in default. If judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation, including reasonable attorney's fees

The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes void and the business and affairs of the commission must be concluded and any surplus funds must be distributed in accordance with the bylaws

ARTICLE XII - BINDING EFFECT OF COMPACT AND OTHER LAWS This compact does not prevent the enforcement of any other law of a compacting state which is consistent with this compact. All compacting states' laws other than the Constitution of North Dakota and other interstate compacts conflicting with this compact are superseded to the extent of the conflict

All lawful actions of the commission, including all rules and bylaws adopted by the commission, are binding upon the compacting states

All agreements between the commission and the compacting states are binding in accordance with their terms

4. Upon the request of a party to a conflict over meaning or interpretation of commission actions, and upon a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation

In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the commission are ineffective and the obligations, duties, powers, or jurisdiction remain in the compacting state and must be exercised by the agency to which the obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective

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