Text of Suggested State Enabling Act
The following is a suggested enabling Act which States may wish to use in enacting the Compact. Since the Compact is both a statute in each of the States adopting it and a contract among the party States, it must be enacted in substantially identical form by each party jurisdiction. Otherwise, the ingredients of agreement essential to a valid contract might be missing. On the other hand, the purpose of an enabling Act is to fit the Compact into the legal and administrative pattern of the State and to implement the Compact. Consequently, the enabling Act can vary from State to State, provided that no enabling Act provision is inconsistent with the Compact. It follows that the suggested enabling Act presented here is intended only as an aid to those studying the Compact and considering the preparation of legislation adopting it in their States.
Suggested Enabling Act1
[Title should conform to State requirements. The following is a suggestion: "An Act entering into the Interstate Mining Compact, and for related purposes."]
(Be it enacted, etc.)
- Section 1.
The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
[INSERT EXACT TEXT OF THE INTERSTATE MINING COMPACT]
- Section 2.
- The ["Mining Council"], hereinafter called ["the Council"], is hereby established in the Office of the Governor. The [Council] shall be the advisory board referred to in Article V (a) of the Interstate Mining Compact. No member of the [Council] shall receive any compensation on account of his/her service thereon, but any such member shall be entitled to reimbursement for expenses actually incurred by him/her in connection with his/her service as the Governor's alternate on the Interstate Mining Commission, [or in attending meetings of the Council].
- The [Council] shall be composed of not to exceed [eleven] members: at least [three] of whom shall be representative of mining industries; at least [three] of whom shall be public members appointed by the Governor with a demonstrated and continuing interest in conservation matters; and at least [two] of whom shall be the heads of State departments or agencies administering programs related to the interests of the Interstate Mining Commission.2
- [Use this subsection and any necessary additional subsections to cover method of appointment and terms of Council members, and to provide any desired procedural or other detail.]
- Section 3.
[The [State retirement system] and the [appropriate State agency or agencies administering programs of benefits for State employees] may enter into agreements with the Interstate Mining Commission for participation in the retirement system and other benefit programs for State employees administered by such agency or agencies. Any agreement pursuant to this Section shall provide, as nearly as may be, for rights, contributions, obligations and benefits comparable to those accorded employees of this State participating in or benefitting from the program or programs involved.]
- Section 4.
In accordance with Article V (i) of the Compact, the Commission shall file copies of its bylaws and any amendments thereto with the [insert designations of State agencies as desired].
- Section 5.
[Insert effective date.]
1 Some provision should be made for all the matters covered in the enabling Act; other provisions may be added if they are needed. Material enclosed in brackets should be replaced by specific language which will accomplish the purpose indicated.
2 In States where the heads of the relevant State agencies have responsibility for a substantial number of diverse programs in addition to mining, it may be desirable to alter the suggested language so as to permit the appointment of appropriate division or bureau heads as an alternative to the appointment of the head of the entire agency.
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