Summary:

 House Bill 110 enacts the Interstate Teacher Mobility Compact and provides for its administration.
 

Legislation Overview:

 House Bill 110 (HB 110) enacts the Interstate Mobility Compact (Compact) and provides for its administration.
SECTION 1. SHORT TITLE.—
This act may be cited as the "Interstate Teacher Mobility Compact” . 
SECTION 2.  INTERSTATE TEACHER MOBILITY COMPACT ENTERED INTO.
The Compact is enacted into law and entered into on behalf of New Mexico with other states legally joining  as follows:
INTERSTATE TEACHER MOBILITY COMPACT
ARTICLE 1 - PURPOSE 
The purpose of the Compact is:
- to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. 
- the member states seek to establish a collective regulatory framework that expedites the ability of teachers to move across state lines. 
ARTICLE 2- DEFINITIONS —provides definitions as used in the Compact.
ARTICLE 3 - LICENSURE UNDER THE COMPACT
Provides for licensure under the Compact as follows:
A. Licensure pertains only to the initial grant of a license by the receiving state and does not apply to any subsequent requirements. 
B. Each member state shall define, compile and update a list of eligible licenses it is willing to consider for equivalency under the Compact and provide the list to the commission. The list shall include those licenses that a receiving state is willing to grant to teachers from other member states. 
C. Upon the receipt of an application for licensure by a teacher holding an unencumbered license, the receiving state shall determine which licenses the teacher is qualified to hold and shall grant the license to the applicant as allowed by the receiving site’s licensing authority.
D. For an active military member or eligible military spouse who holds a license that is not unencumbered, the receiving state shall grant an equivalent license to the license held by the teacher in any other member state. 
E. For a teacher holding an unencumbered career and technical education license, the receiving state shall grant an unencumbered license equivalent to the license held by the applying teacher — except where a career and technical education teacher does not hold a bachelor's degree and the receiving state requires a bachelor's degree for licenses. A receiving state may require career and technical education teachers to meet state industry-recognized requirements if required by law. 
ARTICLE 4 - LICENSURE NOT UNDER THE COMPACT 
A. Except as provided in Article 3 of the Compact, nothing in the Compact shall be construed to limit or inhibit the power of a member state to regulate licensure overseen by its licensing authority. 
B. When a teacher is required to renew a license received pursuant to the Compact, the state granting the license may require the teacher to complete state-specific requirements as a condition of licensure renewal. 
C. To determine compensation, a receiving state may require additional information from teachers under the provisions of the Compact. 
D. Nothing in the Compact shall limit the power of a member state to control and maintain ownership of information pertaining to teachers. 
E. Nothing in the Compact shall be construed to invalidate or alter any existing agreement that a member state may already be a party to or limit the state’s ability to participate in any future agreement.
ARTICLE 5 - TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE UNDER COMPACT 
A.Except as provided for active military members or eligible military spouses, a teacher may only be eligible to receive a license under the Compact where that teacher holds an unencumbered license in a member state. 
B. A teacher eligible to receive a license under the Compact, shall: 
(1) upon the teacher's application to receive a license, undergo a criminal background check in the receiving state in accordance with the laws of the receiving state; and 
(2) provide the receiving state with information in addition to the information required for licensure for the purposes of determining compensation. 
ARTICLE 6 - DISCIPLINE AND ADVERSE ACTIONS 
A. Nothing in the Compact shall limit the authority of a member state to investigate or impose disciplinary measures on teachers according to its state laws. 
B. Member states shall be authorized to receive and shall provide files and information regarding the investigation and discipline of a teacher upon request. Any state receiving such  files shall protect and maintain security and confidentiality and shall disclose to the original member state any intention for disclosure of the information. 
ARTICLE 7 - ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY COMPACT COMMISSION 
A. The member states hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission (Commission) as follows: 
(1) the Commission is a joint interstate governmental agency comprising states that have enacted the Compact; and 
(2) nothing in the compact shall be construed to be a waiver of sovereign immunity. 
B. Membership, voting and meetings shall be as follows:
(1) each member state shall have one delegate to the Commission, who shall be given the title of commissioner; 
(2) the commissioner shall be the primary administrative officer of the state licensing authority; 
(3) a commissioner may be removed or suspended from office as provided by the laws of the state from which the commissioner is appointed; 
(4) the member state shall fill any vacancy occurring in the commission within 90 days; 
(5) each commissioner shall be entitled to one vote and shall have an opportunity to participate in the business of the commission. A commissioner shall vote in person or as provided in the bylaws, which may provide for participation in meetings by other means of communication; 
(6) the Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws; and 
(7) the Commission shall establish by rule a term of office for commissioners. 
C. The Commission shall have powers and duties as specified in this subsection.
D. The executive committee shall act on behalf of the Commission according to the terms of the Compact. The executive committee shall be composed of eight voting members as specified in this subsection. 
E. The Commission may add or remove members of the executive committee as provided in its rules. 
F. The executive committee shall meet at least once annually. 
G. The executive committee shall have the duties and responsibilities as specified in this subsection.
H. All meetings of the commission shall be open to the public, and public notice of meetings shall be given in accordance with Commission bylaws. 
I. The Commission, executive committee or other committees may convene in a closed, nonpublic meeting if they must discuss noncompliance of a member state; personnel matters; litigation; negotiation of contracts; accusing any person of a crime or formally censuring any person; disclosure of privileged information; and matters exempted by federal or state statute or Commission bylaws and rules. 
J. If a meeting is closed pursuant to Subsection I of this article, the Commission's legal counsel shall certify that the meeting may be closed and shall reference each relevant exempting provision. 
K. The Commission shall keep minutes of meetings and shall provide a full and accurate summary of actions taken and the reasons for the actions as specified in this subsection.
L. The Commission shall pay for reasonable expenses of its establishment, organization and ongoing activities. 
M. The Commission may accept all appropriate donations and grants of money, equipment, supplies, materials and services and receive, use and dispose of the same; provided that at all times, the Commission shall avoid any appearance of impropriety or conflict of interest. 
N. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities. 
O. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall it pledge the credit of any of the member states, except with the authority of the member state. 
P. The Commission shall keep accurate accounts of all receipts and disbursements as specified in this subsection.
Q. The members, officers, executive director, employees and representatives of the Commission shall be 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 by or arising out of an actual or alleged act, error or omission that occurred or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this subsection shall be construed to protect such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. 
R. The Commission shall defend any of the representatives named in Subsection Q in a civil action seeking to impose liability arising from the actions stated in Subsection Q.
S. The Commission shall indemnify and hold harmless any representative named in Subsection Q for the amount of a settlement or judgment obtained against that person arising from actions stated in Subsection Q.
ARTICLE 8 - RULEMAKING 
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in the Compact. Rules and amendments are binding as of the date specified in each rule or amendment. 
B. The commission shall create reasonable rules to achieve the intent and purpose of the Compact. In the event the commission exercises its authority in a manner beyond the purpose of the compact, such action by the commission shall be invalid. 
C. If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution within four years of adoption of the rule, then the rule shall have no further force in any member state. 
D. Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the Commission in accordance with Commission rules and bylaws. 
E. Upon determination of an emergency, the Commission may consider and adopt an emergency rule with 48 hours' notice with opportunity to comment as provided in this subsection.
ARTICLE 9 - FACILITATING INFORMATION EXCHANGE 
A. The Commission shall provide for the exchange of information to administer and implement the provisions of the Compact in accordance with the rules of the Commission and consistent with generally accepted data protection principles. 
B. Nothing in the Compact shall be construed to limit the power of a member state to control and maintain ownership of its licensee information or regulations governing licensee information in the member state. 
ARTICLE 10 - OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT 
A. The executive and judicial branches of state government in each member state shall enforce the Compact. The provisions of the Compact shall have standing as statutory law. 
B. Venue is proper, and judicial proceedings by or against the Commission shall be brought in a court of competent jurisdiction where the principal office of the Commission is located and according to restrictions specified in this subsection.
C. All courts and all administrative agencies shall take judicial notice of the Compact, the rules of the Commission and any information provided to a member state pursuant to the Compact or the rules of the Commission in any judicial or quasi-judicial proceeding in a member state. 
D. The Commission is entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void. 
E. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, the Commission shall provide notice and training regarding the default.
F. If a member state in default fails to cure the default, the defaulting member state may be terminated from the Compact upon an affirmative vote of a majority of the commissioners of the member states.  All rights conferred on that member state may be terminated on the effective date of termination. A cure of the default does not relieve the offending member state of obligations or liabilities incurred during the period of default. 
G. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the member state's governor, the majority and minority leaders of the defaulting member state's legislature, the state licensing authority and each of the other member states. 
H. A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination. 
I. The Commission shall not bear any costs related to a member state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing. 
J. The defaulting member state may appeal the action of the Commission by petitioning the United States district court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. 
K. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states. 
L. The Commission shall promulgate a rule providing for both binding and nonbinding alternative dispute resolution for disputes as appropriate. 
M. The Commission shall enforce the provisions of the Compact. 
N. By majority vote, the Commission may initiate legal action in the courts stated in Subsection J against a member state in default to enforce compliance with the provisions of the Compact.
ARTICLE 11 - EFFECTUATION, WITHDRAWAL AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. 
B. On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each charter member state is materially different from the model compact statute. 
C. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Article 10 of the Compact. 
D. Member states enacting the Compact subsequent to the charter member states shall be subject to the process set forth in Paragraph (20) of Subsection C of Article 7 of the Compact to determine if their enactments are materially different from the model compact statute and whether they qualify for participation. 
E. If a member state is later found to be in default or is terminated or withdraws from the Compact, the Commission shall remain in existence, and the Compact shall remain in effect even if the number of member states should be fewer than 10. 
F. A state that joins the Compact after the Commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. 
G. A member state may withdraw from the Compact by enacting a statute repealing the Compact.
H. The Compact may be amended by the member states. An amendment shall not become effective and binding on a member state until it is enacted into the laws of all member states. 
ARTICLE 12 - CONSTRUCTION AND SEVERABILITY 
The provisions of the Compact shall be severable if any provision of the Compact is declared  to be contrary to the constitution of a member state or the United States constitution or the applicability of the Compact to any other group as specified is held invalid, the validity of the remainder of the Compact and the applicability shall not be affected. If the Compact shall be held contrary to the constitution of a member state, the Compact shall remain in full force as to the remaining member states. 
ARTICLE 13 - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
A. Compact shall prevent or inhibit the enforcement of other laws of a member state that is not inconsistent with the compact. 
B. Any laws, statutes, rules or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict. 
C. All permissible agreements between the Commission and the member state are binding in accordance with the terms of the agreement.
SECTION 3. NEW MEXICO COMMISSIONER
The secretary of public education or the secretary's designee shall be the Compact commissioner.