Interstate Mining Compact Bylaws
These bylaws may be altered and amended at any regular meeting upon affirmative vote of the Commission, as provided in Article V Section B, provided notice in writing of the proposed alteration or amendment shall have been mailed to each member or alternate of the entire Commission at least thirty (30) days prior to the date of the meeting.
Article V
a) Alternates
The Governor of each Compacting State shall deposit with the Executive Director of the Commission a letter designating an alternate to whom notices of all meetings shall be given and to whom all official communications shall be transmitted.
b) Headquarters Office
Section 1. A Headquarters Office shall be established in a Compact State, in which the administrative work of the Commission shall be carried on and in which the official files and records of the Commission shall be kept.
Section 2. There shall be kept in the Headquarters Office reports of all committees, together with legal, statistical, engineering, and other information that may be helpful in a mined land reclamation program, the extent of such information to be determined by the Commission.
Section 3. All records of the Commission, other than those referred to below, shall be open to the public at the Commission's Headquarters Office during regular office hours. All requests for access to Commission records should be in writing and should reasonably describe the records being sought. All records of the Commission shall be open to review by the public except for personnel files; personal diaries, journals or calendars; attorney work product; intra-Commission working drafts; and those records restricted by majority vote of the Commission. Access to Commission records shall be provided within ten (10) working days of receipt of the request from the interested party and shall be subject to such supervision as the Commission deems necessary. If the Commission requires additional time to make the records available, it shall so notify the requestor within the 10-day period. Copies of any records and any assistance from Commission personnel in locating or copying records shall be charged to the party requesting the records at current rates for copying and labor.
[Adopted by unanimous vote of the Executive Commission meeting at Chicago, Illinois on September 25, 1996.]
Section 4. All records of the Commission may be maintained in electronic form, with appropriate backup.
Section 5. The Commission may fix the length of time it will maintain various records, by policy approved by the Commission.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
c) Seal
The Executive Director shall be the sole custodian of the seal. The verity of the Commission's official actions shall be attested by its Executive Director under the seal of the Commission.
d) Officers
Section 1. The officers of the Commission shall consist of a Chairman, Vice-Chairman, and Treasurer, each of whom must be a member of the Commission. The officers shall be elected by the Commission at the last meeting held in each year and shall hold office for a period of one year and until their successors are elected and have assumed office.
Section 2. The Chairman shall: preside at all meetings; call and provide for notices of meetings; appoint authorized committees and otherwise perform the duties customarily performed by the chairman of a deliberative body. The Vice-Chairman shall perform the duties of the Chairman in the absence of the Chairman. The Treasurer shall perform the duties customarily performed by a treasurer of a deliberative body.
Section 3. The selection of an Executive Director shall be approved by a majority of the member states. The Executive Director shall hold office at the pleasure of the Commission. The removal of an Executive Director shall be approved by a majority of the member states.
Section 4. The Executive Director shall make, or cause to be made, a record of the proceedings of the Commission and shall preserve the same in the Headquarters Office. He/she shall give notices of meetings, and shall be responsible for carrying out the policy, orders and directives of the Commission, and shall make recommendations on program, policy, and activities of the Commission and he/she shall have general supervision, under the direction of the Commission, of all the Commission's programs and activities. He/she shall have immediate charge of the Headquarters Office and personnel.
Section 5. The Executive Director, the Treasurer, and such other personnel as the Commission designates shall be bonded at least the maximum amount anticipated of budgeted income and expenses in a fiscal year. The expense of obtaining such bonds shall be borne by the Commission.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
e) Meetings
Section 1. At least one regular meeting of the Commission shall be held each year at such time and place as the Commission shall determine.
Section 2. Special meetings of the Commission may be called by the Chairman or by a majority of the Commission.
Section 3. Notice by the Executive Director of the time and place of each regular and special meeting of the Commission shall be by mail or electronic transmission to each member and alternate not later than thirty (30) days prior to the date of the meeting.
Section 4. Notices of the time and place of any special meeting of the Commission may be waived in by its members or alternates by mail or electronic transmission.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
Section 5. Except as otherwise provided by the bylaws and the Compact, all meetings of the Commission shall be conducted in accordance with Roberts Rules of Order Revised.
Section 6. Pursuant to the principles contained in the “Government in the Sunshine Act” (5 U.S.C. Section 552b) and state law counterparts, in general, all official meetings of the Commission (as defined by Article V (e)(1) of the Commission’s By-laws) shall be open to the public. The Commission shall provide public notice of its meetings at least twenty four hours in advance via publicly-available internet website. The Commission shall provide opportunities for public input at all public meetings in a format designated by the Commission. The Commission and its committees may close a meeting, or portion thereof, where it determines by majority vote than an open meeting would be likely to:
The Commission shall keep minutes which shall fully and clearly describe all matters discussed in a closed meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of any roll call votes. All documents considered in connection with an action taken during a closed meeting shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission.
[Adopted by unanimous vote of the Executive Commission meeting in Reno, Nevada on April 30, 2014.]
f) Membership
Section 1. Any State is entitled to become a regular member of the Commission by executing the Compact in the manner provided therein.
Section 2. There is hereby established associate membership in the Commission. Any State expressing interest in the protection and restoration of land, water and other resources affected by mining may become an associate member in the following manner: any such State may make application to the Commission in writing, signed by its Governor. Said application shall state in substance that the State is vitally interested in the program of the Interstate Mining Compact Commission and desires to participate in the Commission's activities and to pursue regular membership in the Commission. Said application shall be presented at an official meeting of the Commission, and such State may be admitted to associate membership by a resolution which must have the affirmative vote of a majority of the Member States. An Associate Member State shall not have the right to vote or hold office, but shall be entitled to all other privileges and benefits of regular membership. Such a State shall be permitted to participate in all Commission meetings, Committee meetings, and other activities of the Commission, but shall assume no responsibilities except those which the State voluntarily assumes. The Commission shall agree upon an appropriate contribution from Associate Member States toward the expenses of the Commission related to associate membership. An Associate Member State may withdraw at any time by filing written notice thereof, signed by its Governor. Associate membership in the Commission shall be limited to a maximum period of five years, unless extended by an affirmative vote of a majority of the Member States, during which time period it is expected that the Associate Member State will pursue regular membership in the Compact through the adoption of the necessary legislation.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
Article VII
d. Finance
Section 1. The fiscal year of the Commission shall be from July 1 to June 30.
Section 2. The Executive Director shall on behalf of the Commission maintain accurate accounts of all receipts and disbursements. The Commission shall select a qualified public accountant upon the recommendation of the Executive Director to conduct a yearly audit. Such qualified public accountant shall serve at the pleasure of the Commission.
Article VIII
Entry Into Force and Withdrawal
Upon the dissolution of the Commission, any net assets will be distributed to the member States in proportion to the support paid by each member State during the most recently concluded fiscal year of the Commission, and the member States receiving such a distribution shall expend such assets for a public purpose.
[Adopted by unanimous vote of the Executive Commission meeting in Shreveport, Louisiana on April 9, 1997.]
These bylaws may be altered and amended at any regular meeting upon affirmative vote of the Commission, as provided in Article V Section B, provided notice in writing of the proposed alteration or amendment shall have been mailed to each member or alternate of the entire Commission at least thirty (30) days prior to the date of the meeting.
Article V
a) Alternates
The Governor of each Compacting State shall deposit with the Executive Director of the Commission a letter designating an alternate to whom notices of all meetings shall be given and to whom all official communications shall be transmitted.
b) Headquarters Office
Section 1. A Headquarters Office shall be established in a Compact State, in which the administrative work of the Commission shall be carried on and in which the official files and records of the Commission shall be kept.
Section 2. There shall be kept in the Headquarters Office reports of all committees, together with legal, statistical, engineering, and other information that may be helpful in a mined land reclamation program, the extent of such information to be determined by the Commission.
Section 3. All records of the Commission, other than those referred to below, shall be open to the public at the Commission's Headquarters Office during regular office hours. All requests for access to Commission records should be in writing and should reasonably describe the records being sought. All records of the Commission shall be open to review by the public except for personnel files; personal diaries, journals or calendars; attorney work product; intra-Commission working drafts; and those records restricted by majority vote of the Commission. Access to Commission records shall be provided within ten (10) working days of receipt of the request from the interested party and shall be subject to such supervision as the Commission deems necessary. If the Commission requires additional time to make the records available, it shall so notify the requestor within the 10-day period. Copies of any records and any assistance from Commission personnel in locating or copying records shall be charged to the party requesting the records at current rates for copying and labor.
[Adopted by unanimous vote of the Executive Commission meeting at Chicago, Illinois on September 25, 1996.]
Section 4. All records of the Commission may be maintained in electronic form, with appropriate backup.
Section 5. The Commission may fix the length of time it will maintain various records, by policy approved by the Commission.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
c) Seal
The Executive Director shall be the sole custodian of the seal. The verity of the Commission's official actions shall be attested by its Executive Director under the seal of the Commission.
d) Officers
Section 1. The officers of the Commission shall consist of a Chairman, Vice-Chairman, and Treasurer, each of whom must be a member of the Commission. The officers shall be elected by the Commission at the last meeting held in each year and shall hold office for a period of one year and until their successors are elected and have assumed office.
Section 2. The Chairman shall: preside at all meetings; call and provide for notices of meetings; appoint authorized committees and otherwise perform the duties customarily performed by the chairman of a deliberative body. The Vice-Chairman shall perform the duties of the Chairman in the absence of the Chairman. The Treasurer shall perform the duties customarily performed by a treasurer of a deliberative body.
Section 3. The selection of an Executive Director shall be approved by a majority of the member states. The Executive Director shall hold office at the pleasure of the Commission. The removal of an Executive Director shall be approved by a majority of the member states.
Section 4. The Executive Director shall make, or cause to be made, a record of the proceedings of the Commission and shall preserve the same in the Headquarters Office. He/she shall give notices of meetings, and shall be responsible for carrying out the policy, orders and directives of the Commission, and shall make recommendations on program, policy, and activities of the Commission and he/she shall have general supervision, under the direction of the Commission, of all the Commission's programs and activities. He/she shall have immediate charge of the Headquarters Office and personnel.
Section 5. The Executive Director, the Treasurer, and such other personnel as the Commission designates shall be bonded at least the maximum amount anticipated of budgeted income and expenses in a fiscal year. The expense of obtaining such bonds shall be borne by the Commission.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
e) Meetings
Section 1. At least one regular meeting of the Commission shall be held each year at such time and place as the Commission shall determine.
Section 2. Special meetings of the Commission may be called by the Chairman or by a majority of the Commission.
Section 3. Notice by the Executive Director of the time and place of each regular and special meeting of the Commission shall be by mail or electronic transmission to each member and alternate not later than thirty (30) days prior to the date of the meeting.
Section 4. Notices of the time and place of any special meeting of the Commission may be waived in by its members or alternates by mail or electronic transmission.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
Section 5. Except as otherwise provided by the bylaws and the Compact, all meetings of the Commission shall be conducted in accordance with Roberts Rules of Order Revised.
Section 6. Pursuant to the principles contained in the “Government in the Sunshine Act” (5 U.S.C. Section 552b) and state law counterparts, in general, all official meetings of the Commission (as defined by Article V (e)(1) of the Commission’s By-laws) shall be open to the public. The Commission shall provide public notice of its meetings at least twenty four hours in advance via publicly-available internet website. The Commission shall provide opportunities for public input at all public meetings in a format designated by the Commission. The Commission and its committees may close a meeting, or portion thereof, where it determines by majority vote than an open meeting would be likely to:
- Relate solely to the commission’s internal personnel practices and procedures;
- Disclose matters specifically exempted from disclosure by federal or state law;
- Disclose commercial or financial information which is privileged or confidential;
- Involve accusing a person of a crime, or formally censuring a person;
- Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
- Disclose investigative records compiled for law enforcement purposes;
- Specifically relate to the Commission’s issuance of subpoena, or its participation in a civil action or other legal proceeding.
The Commission shall keep minutes which shall fully and clearly describe all matters discussed in a closed meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of any roll call votes. All documents considered in connection with an action taken during a closed meeting shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission.
[Adopted by unanimous vote of the Executive Commission meeting in Reno, Nevada on April 30, 2014.]
f) Membership
Section 1. Any State is entitled to become a regular member of the Commission by executing the Compact in the manner provided therein.
Section 2. There is hereby established associate membership in the Commission. Any State expressing interest in the protection and restoration of land, water and other resources affected by mining may become an associate member in the following manner: any such State may make application to the Commission in writing, signed by its Governor. Said application shall state in substance that the State is vitally interested in the program of the Interstate Mining Compact Commission and desires to participate in the Commission's activities and to pursue regular membership in the Commission. Said application shall be presented at an official meeting of the Commission, and such State may be admitted to associate membership by a resolution which must have the affirmative vote of a majority of the Member States. An Associate Member State shall not have the right to vote or hold office, but shall be entitled to all other privileges and benefits of regular membership. Such a State shall be permitted to participate in all Commission meetings, Committee meetings, and other activities of the Commission, but shall assume no responsibilities except those which the State voluntarily assumes. The Commission shall agree upon an appropriate contribution from Associate Member States toward the expenses of the Commission related to associate membership. An Associate Member State may withdraw at any time by filing written notice thereof, signed by its Governor. Associate membership in the Commission shall be limited to a maximum period of five years, unless extended by an affirmative vote of a majority of the Member States, during which time period it is expected that the Associate Member State will pursue regular membership in the Compact through the adoption of the necessary legislation.
[Adopted by unanimous vote of the Executive Commission meeting at Tucson, Arizona on May 8, 2019.]
Article VII
d. Finance
Section 1. The fiscal year of the Commission shall be from July 1 to June 30.
Section 2. The Executive Director shall on behalf of the Commission maintain accurate accounts of all receipts and disbursements. The Commission shall select a qualified public accountant upon the recommendation of the Executive Director to conduct a yearly audit. Such qualified public accountant shall serve at the pleasure of the Commission.
Article VIII
Entry Into Force and Withdrawal
Upon the dissolution of the Commission, any net assets will be distributed to the member States in proportion to the support paid by each member State during the most recently concluded fiscal year of the Commission, and the member States receiving such a distribution shall expend such assets for a public purpose.
[Adopted by unanimous vote of the Executive Commission meeting in Shreveport, Louisiana on April 9, 1997.]
