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Terms Used In Vermont Statutes Title 33 Sec. 5909_v2

  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisdiction: means the power and authority of a court to hear and decide matters. See
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Member state: means a state that has enacted this Compact. See
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Placement: means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility. See
  • seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
  • Sending agency: means a party state, officer or employee thereof; a subdivision of a party state, or officer, or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state. See
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
  • Statute: A law passed by a legislature.

[Contingently repealed; effective until contingency met.]

§ 5909. Enactment and withdrawal—Article IX [Contingently repealed; Effective until contingency met]

This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. (Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.)

  • [Contingently repealed; effective until contingency met.]

    § 5909. Enactment and withdrawal—Article IX [Contingently repealed]

    (Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)

  • [Contingently enacted.]

    § 5909. Powers and duties of the Interstate Commission [Contingently enacted]

    The Interstate Commission shall have the following powers:

    (1) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this Compact.

    (2) To provide for dispute resolution among member states.

    (3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the Interstate Compact, its bylaws, rules, or actions.

    (4) To enforce compliance with this Compact or the bylaws or rules of the Interstate Commission pursuant to section 5907 of this title.

    (5) Collect standardized data concerning the interstate placement of children subject to this Compact as directed through its rules, which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.

    (6) To establish and maintain offices as may be necessary for the transacting of its business.

    (7) To purchase and maintain insurance and bonds.

    (8) To hire or contract for services of personnel or consultants as necessary to carry out its functions under the Compact and establish personnel qualification policies and rates of compensation.

    (9) To establish and appoint committees and officers, including but not limited to an executive committee as required by section 5910 of this title.

    (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose thereof.

    (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.

    (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

    (13) To establish a budget and make expenditures.

    (14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

    (15) To report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

    (16) To coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.

    (17) To maintain books and records in accordance with the bylaws of the Interstate Commission.

    (18) To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)