S.D. Codified Laws § 36-31A-12

Current through the 2024 Legislative Session

Section 36-31A-12 - Compact as law-Commission standing-Oversight-Dispute resolution-Enforcement

A. The following terms and conditions are also applicable:

1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent, provided this compact and the rules promulgated hereunder have standing as statutory law;

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

3. The commission is entitled to receive service of process in any such proceeding, and has standing to intervene in such a proceeding for all purposes, provided a failure to provide service of process to the commission renders a judgment or order void as to the commission, this compact, or promulgated rules.

B. The following terms and conditions are also applicable:

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

a. Provide written notice to the defaulting state and other member states regarding the nature of the default, the proposed means of curing the default, and any other action to be taken by the commission; and

b. Provide remedial training and specific technical assistance regarding the default;

2. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination, provided a cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default;

3. Termination of membership in the compact may be imposed only after all other means of securing compliance have been exhausted;

4. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states;

5. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination;

6. The commission may not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state; and

7. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices, provided the prevailing member must be awarded all costs of litigation, including reasonable attorney's fees.

C. The following terms and conditions are also applicable:

1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact, which arise among member states and between member and non-member states; and

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

D. The following terms and conditions are also applicable:

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

2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws, provided the relief sought may include both injunctive relief and damages;

3. If judicial enforcement is necessary, the prevailing member must be awarded all costs of litigation, including reasonable attorney's fees; and

4. The remedies set forth in this section are not the exclusive remedies of the commission and the commission may pursue other remedies available under federal or state law.

SDCL 36-31A-12

SL 2023, ch 139, §12.

Added by S.L. 2023, ch. 139,s. 12, eff. 7/1/2023.