What Does Interstate Compact Agreement Mean

Each state is responsible for the implementation and management of ICOTS in its area of expertise. While some states limit ICOTS access to compact office staff, most states grant probation officers and institutional staff the necessary authorizations to process transfer requests and manage authors` data. With approximately 30,000 users nationally, ICOTS` managed workflow function offers unprecedented responsibility and oversight by intergovernmental compact offices. After negotiation, intergovernmental pacts must be approved by legislators in your affiliated states. [10] A pact is approved by a state legislator in accordance with its procedure for enacting legislation and becomes the status of the state. [11] If approved by the legislature, the governor of a state still has the power to veto a pact if the governor so decides (subject to the legislature`s ability to strike a veto by a new vote). [12] Representatives of states negotiating a pact are well advised to ensure that their respective legislators are informed of the progress of negotiations and the resolution of issues and are familiar with them; Otherwise, a legislator may refuse to approve a pact as presented and request a renegotiation of questions before its approval is granted. [13] Although the U.S. Constitution contains an explicit requirement for congressional approval of interstate pacts, the U.S.

Supreme Court has held that some interstate agreements do not require such an agreement from Congress. Article I, Section 10 of the Constitution, provides that “[n]o State without the consent of Congress . . . . To make an agreement or a pact with another state. [14] The Court, however, declared in 1893, in Virginia v. Tennessee, that congressional approval is only necessary for a pact, “if it focuses on forming a combination of the rise of political power in states that may alter or disrupt the just supremacy of the United States.” [15] As a treaty, an intergovernmental pact primarily concerns the rights and obligations of states that have chosen to become contracting parties and their respective citizens, since the pact is promulgated by their respective legislators. However, some compacts go so far as to target the effect (if any) of this pact on states that are not contracting parties. A pact may contain provisions that stipulate that the pact does not affect other agreements that the parties may enter into with non-partisan states. [26] Alternatively, a pact can define how non-compressant states can participate in pact-related activities.

[27] For example, the Interstate Pest Control Compact (which is no longer in force) provided that the pact`s board of directors or its executive committee could not spend funds from an insurance fund created by the pact in a non-condensed state, unless it was justified by the conditions in that state and the benefits to the contracting states of the Covenant. , and that it cannot impose conditions for such expenditures. [28] [35] Buenger et al., supra note 2, at 237. The purposes can be developed according to two target groups: legislators from states that wish to enter into the pact before being approved, and then those acting under the Covenant, as well as all judicial procedures that may be called upon to interpret or enforce it. Id. [70] Id. to 243. A detailed list of governance and operational issues to be addressed can be found in the provisions relating to an intergovernmental agency at the Council of State Governments, Pact Governance, above 45.

The date of congressional approval is not set in the Constitution, so approval can be given either before or after state approval of a particular pact. Consent may be explicit, but it can also be inferred from the circumstances.