Interstate licensing compacts are not new.  Compacts such as the Driver’s License Compact, the Nurse Licensure Compact, and the Interstate Compact on Licensure of Participants in Horse Racing with Pari-Mutual Wagering have each been in existence for over 10 years.  In the last year though there has been a renewed emphasis on the development of licensing compacts. 

Late last month the Supreme Court heard oral arguments in the case of the Tarrant Regional Water District v. Herrmann.  At issue in the case is whether the Tarrant Regional Water District in Texas has the right to access water from the Red River in Oklahoma under the terms of the Red River Compact.  The case has received considerable attention for its potential impact on rapidly growing metropolitan areas facing water shortages and its potential impact on resource management compacts.

On Monday, the U.S. Court of Appeals for the First Circuit issued a decision in United States v. Pleau, siding with the federal government.

With oral arguments about the constitutionality of the Affordable Care Act now concluded, state and feredal policy makers now must wait for the high court to issue their opinion about the bill.  Despite that Indiana and Utah recently became the latest two states to join the Health Care Compact.  With the additions of two new states, six s

In an effort to support the continued use of interstate compatcs, CSG has officially signed onto an amicus curiae brief with the U.S. Court of Appeals in the case of United States v. Jason Wayne Pleau.  As mentioned in this blog previously the compact in question is the Interstate Agreement on Detainers (IAD), which has been adopted by 51 states (including territories) and Congress. At issue is whether the federal government can compel a member state of an interstate compact to comply when requesting the transfer of a prisoner under the terms of the compact. To read more about the case please click here. 

Pennsylvania became the 40^th state to join the Interstate Compact on Educational Opportunities for Military Children.  Senate Bill 159 was carried by Sen. Robert Robins and signed into law by Gov. Tom Corbett yesterday.   The compact, which drafted jointly by CSG and the Department of Defense, aims to remove barriers to educational success imposed on children of military families due to frequent moves.  With a full time Commission staff, an operational national office, and 40 states on board in less than four legislative sessions the growth and effectiveness of this particular agreement is a testament to the power and appeal of interstate compacts.

With the vast majority of states back in session, several pieces of compact legislation were filed this week.  In Hawaii SB 2168 would allow the state to join the Surplus Lines Insurance Multistate Compliance Compact, developed jointly by CSG’s National Center for Interstate Compacts and the National Conference of Insurance Legislators.  Once adopted by one more state SLIMPACT will have reached the minimum threshold of states to trigger commission activity and allow for the formation of an online clearinghouse for the payment and allocation of surplus lines premium taxes.

The First Circuit Court of Appeals is scheduled to hear the case of The United States v. Jason Wayne Pleau on April 4, 2012.  While there are many unresolved legal questions surrounding this case, at the very heart of the matter is the question of state sovereignty and practical implications for governors whose states are members of interstate compacts in which the federal government is also a participant.