I, art. [51] See, e.g., id. Its members include fifteen states and the District of Columbia. For many years after the Constitution was adopted, boundary disputes continued to predominate as the subject matter of agreements among the states. Facilitate taxpayer convenience and compliance in the filing of tax returns and in other phases of tax administration. Buenger et al., supra note 2, at 69. Ensures that states recognize law and doc.s, and court proceedings of other states. [53] See, e.g., Woodrow Wilson Bridge and Tunnel Compact, supra note 48, tit. Arizona belongs to 38 interstate compacts. Connecticut belongs to 35 interstate compacts. Structure and Implementation of Interstate Compacts, https://www.archives.gov/founding-docs/constitution-transcript, https://www.congress.gov/constitution-annotated, https://www.csg.org/knowledgecenter/docs/ncic/Format.pdf, http://apps.csg.org/ncic/PDF/Missouri-Nebraska Boundary Compact.pdf, https://www.csg.org/knowledgecenter/docs/ ncic/Success.pdf, http://apps.csg.org/ncic/PDF/ Woodrow Wilson Bridge and Tunnel Compact.pdf, http://apps.csg.org/ncic/PDF/Interstate Mining Compact.pdf, http://apps.csg.org/ncic/PDF/Atlantic States Marine Fisheries Compact.pdf, http://uscode.house.gov/view.xhtml?path=/, http://apps.csg.org/ncic/Compact.aspx?id=122, http://www.mtc.gov/The-Commission/Multistate-Tax-Compact, http://www.mtc.gov/The-Commission/MTC-History, http://www.mtc.gov/The-Commission/Committees, http://www.mtc.gov/The-Commission/Annual-Report. Delaware belongs to 29 interstate compacts. REF The Supreme Court, for example, held unanimously in 2018 that Congress may withhold its consent if an interstate compact would “injure the interests” of other states or regions in … I (1996), http://apps.csg.org/ncic/PDF/ Woodrow Wilson Bridge and Tunnel Compact.pdf. Many of the listings for compacts in the National Center for Interstate Compacts database include links to the websites of the interstate agencies formed by those compacts. Ridgeway, Interstate Compacts: A Question of Federalism 300 ( 1971 ). Since the turn of the twentieth century, however, the interstate compact has been used to an increasing extent as an instrument for state cooperation in carrying out affirmative programs for solving common problems. at 24. Compacts are often used on a nationwide basis. [75] Buenger et al., supra note 2, at 106. In October 2018, she was appointed as the Nevada Interstate Compact Commissioner and is currently the Deputy Chief over Parole and Probation’s Southern Command region. For example, the Interstate Compact on the Placement of Children and the Interstate Compact on Juveniles are examples of compacts adhered to by all 50 states and the District of Columbia. [43] Missouri-Nebraska Boundary Compact (1999), http://apps.csg.org/ncic/PDF/Missouri-Nebraska Boundary Compact.pdf. Click here to contact our editorial staff, and click here to report an error. [36] Id. Babalaas mahoney22. Article I, section 10 of the Constitution, provides that “[n]o State shall, without the Consent of Congress, . Those compacts were introduced in 2016 and have been enacted in one state and three states, respectively. Occupational Licensure Compacts Membership. Supervisory approval is indicated by signing the cover letter. While historically interstate compacts only included states as parties, more recently the federal government has become a participant in some compacts. Each year ICOTS processes 150,000 transfer requests. Interstate Commission for Adult Offender Supervision Ensuring Public Safety for the 21st Century [21] Rhode Island v. Massachusetts, 37 U.S. 657, 725 (1838). Ballotpedia features 318,790 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. [19]  Further, when Congress does consent to a compact, Congress does not thereby give up or reduce any of its constitutional powers. [23] Washington Metropolitan Area Transit Authority v. One Parcel of Land in Montgomery County, Md., 706 F.2d 1312, 1317 (4th Cir. [74]  Some compacts have been enacted into federal law by Congress and provide for direct involvement by the federal government in the matters addressed by the compact, such as the Interstate Agreement on Detainers,[75] which applies to transfers of sentenced prisoners for unrelated trials. New Mexico belongs to 41 interstate compacts. Because this is a decision of one of the US Courts of Appeals, and not of the Supreme Court, it is persuasive but not binding authority outside the Fourth Circuit. ... Chapter 4 Section 3 quiz: Interstate Relations. [81] Annual Reports, Multistate Tax Commission, http://www.mtc.gov/The-Commission/Annual-Report (last visited June 19, 2018). A . Some compacts, however, go so far as to specifically address the effect (if any) of those compact on states that are not parties to them. [62]  Such interstate agencies may also promote cooperation under and serve as centralized sources of information about the subject of the compact.[63]. Alaska belongs to 33 interstate compacts. Effect of Interstate Compacts on States Not Party to Them, IV. For example, the Interstate Compact for Adult Offender Supervision, a national compact, became effective once it was enacted by 35 states. Oklahoma belongs to 36 interstate compacts. [1] Green v. Biddle, 21 U.S. (8 Wheat.) North Carolina belongs to 35 interstate compacts. [52], In addition to rules contained in the compact itself, the compact may also direct the interstate agency formed under it to adopt bylaws to provide for additional rules.[53]. Jobs | These interstate compact agreements work to ensure that the agreements of a person’s conviction are upheld in another state. Virginia belongs to 55 interstate compacts. Traditionally, this device was used to USA.gov, III. 5 Compacts are financed in various ways; these can include state appropriations, proceeds from compact activities, foundation funds, and dues assessments. at 243. Official blog from the Law Library of Congress. Colorado is part of nine interstate river compacts, documents which govern the use of rivers crossing state lines.Key to equitable allocation of the West's most precious resource—water—the compact clause of the U.S. Constitution was first applied to rivers in the 1920s, an idea conceived and promoted by Greeley water lawyer Delph Carpenter. Extradition. Purpose provisions may be drafted with an eye toward two audiences: the legislatures of the states proposing to enter into the compact prior to its approval by them, and thereafter to those who will be operating under the compact, as well as any court that may be called upon to interpret or enforce it. [50] See, e.g., id. IV, § 2, cl. [45] Council of State Governments, Compact Governance 1, https://www.csg.org/knowledgecenter/docs/ ncic/Success.pdf (last visited June 19, 2018). [31] U.S. Since the turn of the twentieth century, however, the interstate compact has been used to an increasing extent as an instrument for state cooperation in carrying out affirmative programs for solving common problems.2279 The execution of vast public undertakings, such as the development of the Port of New York by the Port Authority created by compact between New York and New Jersey, flood … An interstate compact is a congressionally approved agreement between or among states. Procedures for decision making under a compact are set forth in the compact itself. Buenger et al., supra note 2, at 43–48. Facilitate proper determination of State and local tax liability of multistate taxpayers, including the equitable apportionment of tax bases and settlement of apportionment disputes. 1, 92 (1823); Wharton v. Wise, 153 U.S. 155, 171 (1894). [29] US Steel Corp. v. Multistate Tax Comm’n, 434 U.S. 452 (1978). For a discussion of Supreme Court jurisprudence on the Commerce Clause, see Congressional Research Service, Constitution of the United States of America: Analysis and Interpretation, supra note 16, at 176–301. 3, https://www.archives.gov/founding-docs/constitution-transcript. Examples include the EMAC, the Interstate Compact on Juveniles, the Interstate Compact for Adult Offender Supervision, the Interstate Compact on Industrialized/Modular Buildings and the Interstate Insurance Receivership Compact. The National Popular Vote Interstate Compact (NPVIC) is an agreement among a group of U.S. states and the District of Columbia to award all their electoral votes to whichever presidential candidate wins the overall popular vote in the 50 states and the District of Columbia. Washington belongs to 36 interstate compacts. Id. [29]  The Court indicated[30] that a compact’s effect on non-compacting states would not pose an issue under the Compact Clause unless the compact exerted pressure on non-compacting states that violated the Commerce Clause[31] or the Privileges and Immunities Clause. Bancorp, Inc. v. Bd. [58]  The compact provides that that agency is governed by a thirteen-person board, with four members appointed by each state and one member appointed by the US Secretary of Transportation. [9], Once negotiated, interstate compacts must be approved by the legislatures of the states party to them. [6] National Conference of State Legislatures, http://www.ncsl.org/ (last visited June 20, 2018). June 2018. Press | 1983). I, art. For example, the Interstate Mining Compact provides for the creation of a commission, with each state party to the compact represented on the commission by its governor. The Interstate Compact Agreement is also known as the Interstate Compact for Adult Offender Supervision. Const., art. [54]  The commission may take action only at a meeting at which a majority of those commissioners or their alternates is in attendance, and any action taken requires approval of a majority at the meeting. And it eases the interstate transfer of supervision of probationers. Interstate Compact Defining the Boundary Between the States of Arizona and … III, § 1(d). Id. I, art. enter into any Agreement or Compact with another State.”[14]  The Court in 1893, however, stated in Virginia v. Tennessee that congressional consent is required only for a compact if it is “directed to the formation of any combination tending to the increase of political power in the States, which may encroach upon or interfere with the just supremacy of the United States.”[15], The Constitution does not specify the timing or form of congressional consent to interstate compacts. [26] Buenger et al., supra note 2, at 269. Buenger et al., supra note 2, at 69. The District of Columbia belongs to 26 interstate compacts. About | [27]  As an example, the Interstate Pest Control Compact (no longer in force) provided that the compact’s governing board, or its executive committee, could not spend monies from an insurance fund set up by the compact in a non-compacting state unless justified by conditions in that state and the benefits to the states party to the compact, and could impose conditions on any such expenditures. I, art. [5]  Other methods include direct negotiations by the governors themselves, promotion of compacts by the National Conference of State Legislatures,[6] and enactment by one state legislature of a proposed compact and an invitation by that state to others to enact identical statutes. Some compacts may include specific terms as to the subject of the compact and also provide for an interstate agency to take further actions in support of the compact’s goals. [11] Buenger et al., supra note 2, at 35. INTERSTATE COMPACTS Other examples of compact activity include the revision of existing interstate agreements; updating agreements that maintain relevance, but which require a modernization of their structures. Which article is extradition held through? Mississippi belongs to 40 interstate compacts. All requests to the Interstate Compact Office shall include the following items: • A completed CFS 490, Interstate Compact Placement Request; [13], Although the US Constitution contains an express requirement for approval by Congress of compacts between states, the US Supreme Court has held that some agreements between states do not require such congressional consent. The tables below show the compacts each state is involved in as of 2014. . It also logs such information as: When a probationer leaves or enters a state, Probation progress, Whether any violations occurred, and ... Privileges and Immunities: What is an example of a reasonable discrimination a State may exercise against a citizen of another State? [7]  States negotiating compacts on their own initiative may invite representatives of federal agencies to participate; when Congress invited negotiation of a compact on water allocation that would involve the District of Columbia, a non-state jurisdiction the legislative enactments of which are subject to review by Congress,[8] Congress specified that federal representatives would be required in the negotiations. 2016). Interstate compacts in the United States were first used by the American colonies to settle boundary disputes. Reserve Sys., 472 U.S. 159, 176 (1985). Porter, chief of the Florida bureau of interstate compacts, wrote Kirk. For compacts that contemplate future decisions, decision making may be delegated to the interstate agency that is formed by the compact on which representatives of the states party to the compact serve, or another governing body with the parties’ representatives, such as a board. Interstate Compacts: Why might states feel the need to form contracts with other states? As state-level administrative functions have increased, however, interstate compacts have grown to include provisions for rules and procedures to manage activity under them. of Governors of Fed. For voting purposes, seven members of that board constitute a quorum, except that eight affirmative votes are required for the agency to issue bonds and to approve the authority’s annual budget; for matters occurring solely within the jurisdiction of one of the parties, two of its designated members must vote to approve; and “sole source” procurements of more than $100,000 of property, services, or construction require prior approval of a majority of all board members. [5] Joseph F. Zimmerman, Interstate Cooperation: Compacts and Administrative Agreements 43 (2002). [33] Ne. To become effective, it must be approved by those states’ respective legislatures and, depending on the subject matter of the compact, consented to by Congress. at 239. [16] Congressional Research Service, Constitution of the United States of America: Analysis and Interpretation 450-51, https://www.congress.gov/constitution-annotated (last updated Aug. 26, 2017). Indiana belongs to 43 interstate compacts. The US Supreme Court often suggests to state litigants that they address conflicts by means of interstate compacts, rather than by litigation. [58] Woodrow Wilson Bridge and Tunnel Compact, supra note 48. Examples of Interstate Compacts Today, over two hundred interstate compacts are in operation.24 The prevalence of these compacts has 26 Council of State Governments National Center for Interstate Compacts, “Understanding Interstate Compacts,” [22] Cuyler v. Adams, 449 U.S. 433, 438–42 (1981). [56] Atlantic States Marine Fisheries Compact, art. It is competent for a railroad corporation … tit. [59], The approaches taken by compacts regarding their administration vary. Tennessee belongs to 39 interstate compacts. Other examples of interstate compacts include one for Emergency Medical Services personnel, which was introduced in 2015 and has been enacted in seven states, as well as one each for psychologists and physical therapists. 1 (providing that the “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States”). For a detailed list of governance and operational matters that are recommended to be addressed in provisions for an interstate agency, see Council of State Governments, Compact Governance, supra note 45. Interstate Compacts. Wisconsin belongs to 26 interstate compacts. [47] Council of State Governments, Compact Governance, supra note 45, at 1. [35] Buenger et al., supra note 2, at 237. Florida belongs to 35 interstate compacts. Promote uniformity or compatibility in significant components of tax systems. Examples of well-known interstate compacts include the New York-New Jersey Port Authority Compact, the Washington Metro Area Transit Authority Compact, the Emergency Management Assistance Compact, and the Southern Dairy Compact. Examples of well-known interstate compacts include the New York-New Jersey Port Authority Compact, the Emergency Management Assistance Compact, the Washington Metro Area Tran- sit Authority Compact, the Multistate Tax Compact and the Southern Dairy Compact. Kansas belongs to 42 interstate compacts. A compact may include provisions stating that the compact does not affect other agreements the parties may have with non-party states. Atlantic States Marine Fisheries Commission. New Jersey belongs to 38 interstate compacts. The Supreme Court has held that a boundary between states agreed to in an interstate compact that is consented to by Congress is “of binding force and finally settle[s] the boundary between them[,] operating with the same effect as a treaty between sovereign powers.”[21]  In Cuyler v. Adams, the Court held when Congress consents to an interstate compact and “the subject matter of that agreement is an appropriate subject for congressional legislation, the consent of Congress transforms the States’ agreement into federal law under the Compact Clause.” [22]  The US Court of Appeals for the Fourth Circuit clarified that compacts consented to by Congress that do not threaten federal supremacy but address subjects appropriate for congressional legislation still become federal law even though such consent was not required. Examples of well-known interstate compacts include the New York-New Jersey Port Authority Compact, the Emergency Management Assistance Compact, the Washington Metro Area Transit Authority Compact, the Multistate Tax Compact and the Multi-State Lottery Compact. Inspector General | [25], As a contract, an interstate compact primarily affects the rights and obligations of those states that have elected to become parties to it and their respective citizens, because the compact is enacted as law by their respective legislatures. Despite the freedom of states to form interstate compacts, the trend is toward increased federal participation and control. [4], The negotiation process for compacts often involves the creation of joint commissions including members appointed by the governors of the negotiating states. Tribal sovereignty pre-dates the formation of the United States and is recognized through the U.S. Constitution and numerous federal statutes and court cases. This agreement began in 2002 and is effective in all 50 states. at 238. [20], While interstate compacts are binding contracts among those states party to them, compacts that are approved by Congress also become federal law. down interstate compacts not approved by Congress unless the subject matter of the compact is widely recognized as a tradition-al locus of state action.16 Part II of this Note begins by examining the original uses of interstate compacts, as well as when such agreements required congressional approval. Most are state statutes. An example of such a compact would be one that covers an issue affecting all states, but that permits only certain states to be a party to it. [70] Id. A compact typically includes provisions regarding its purpose; specific terms with respect to the subject of the compact; in some cases, establishment of an interstate agency to administer the compact or some other method of administration; sources of funding; and other contract terms like dispute resolution, enforcement, termination of the compact, or withdrawal of a member. Texas has a long-term interstate compact with Maine and Vermont to accept their waste. 6. [52] See Council of State Governments, Compact Governance, supra note 45, at 2. 3 (providing for Congress’s power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”). III, § 3(a). The legal projects by which a fugitive from justice in one state is returned to that state. [17]  In addition, while congressional consent is usually express, it may also be inferred based on the circumstances. I. INTERSTATE COMPACTS - INFORMATION AND DIRECTORIES. The organization and structure of interstate compacts varies, but as noted above, compacts are contracts and broadly speaking can be expected to address topics and include provisions commonly found in contractual documents. Senior Legal Reference Librarian [23]  Under the Constitution, the US Supreme Court has original jurisdiction over disputes between states,[24] and the Court will enforce interstate compacts under principles of contract law. [28], While the Supreme Court considers the interests of states that are not parties to an interstate compact to be an important inquiry in determining whether the interstate compact violates the Compact Clause, so far those interests have not proven to be a dispositive factor. Michigan belongs to 32 interstate compacts. It is a web-based system. There is a website that shows all the different agreements between the various states: Legal | Id. Click here to contact us for media inquiries, and please donate here to support our continued expansion. [4] Id. [12]  Representatives of states negotiating a compact are well-advised to ensure that their respective legislatures are kept informed of and are comfortable with the progress of negotiations and the resolution of issues; otherwise, a legislature may refuse to approve a compact as presented and require renegotiation of issues before its approval will be granted. [64] Buenger et al., supra note 2, at 249. [26]  Alternatively, a compact may specify how non-compacting states may participate in activities related to the compact. Const., art. An interstate compact is an agreement between or among two or more states of the United States. Buenger et al. [61]  Other compacts may allocate substantial regulatory powers, and associated responsibilities, to interstate agencies, to accomplish the compact objectives and administer compliance. California belongs to 39 interstate compacts. 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