SB335: Bill Text

SB335,39,10 (b) Default, technical assistance, and termination. 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 provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.

SB335,39,12 2. The commission shall provide a copy of the notice of default to the other member states.

SB335,39,18 3. 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 delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

SB335,39,23 4. 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 governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority and each of the member states’ state licensing authority.

SB335,40,3 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.

SB335,40,8 6. Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees who hold a multistate license within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of said notice of termination.

SB335,40,11 7. The commission shall 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.

SB335,40,15 8. The defaulting 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’s fees.

SB335,40,18 (c) Dispute resolution. 1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.

SB335,40,20 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

SB335,40,22 (d) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission’s rules.

SB335,41,9 2. By majority vote as provided by commission rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.

SB335,41,16 3. A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

SB335,41,18 4. No individual or entity other than a member state may enforce this compact against the commission.

SB335,41,21 (13) Article 13 - effective date, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 7th member state.

SB335,42,2 1. 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 such charter member state is materially different than the model compact statute.

SB335,42,5 a. 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 sub. (12).

SB335,42,9 b. If any 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 less than 7.

SB335,42,13 2. Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in sub. (9) (c) 24. to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.

SB335,42,17 3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.

SB335,42,21 4. Any state that joins the compact shall be subject to the commission’s rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

SB335,42,23 (b) Any member state may withdraw from this compact by enacting a statute repealing that state’s enactment of the compact.

SB335,43,2 1. A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

SB335,43,5 2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s state licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

SB335,43,10 3. Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.

SB335,43,14 (c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

SB335,43,17 (d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SB335,43,23 (14) Article 14 - construction and severability. (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.

SB335,44,8 (b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

SB335,44,16 (c) Notwithstanding par. (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (12), terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SB335,44,19 (15) Article 15 - consistent effect and conflict with other state laws. (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.

SB335,44,21 (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.

SB335,44,23 (c) All permissible agreements between the commission and the member states are binding in accordance with their terms.

SB335,45,2 454.51 Implementation of the cosmetology licensure compact. (1) In this section, “authorization to practice” has the meaning given in s. 454.01 (4).

SB335,45,4 (2) (a) An individual who is exercising an authorization to practice shall comply with s. 440.03 (13) (am).

SB335,45,8 (b) Subject to s. 454.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is exercising an authorization to practice in this state in the same manner that they apply to holders of licenses issued under s. 454.04 (1) to (6m).

SB335,45,9 (end)