(1)(a) Once effective, the
compact shall continue in force and remain binding upon each and
every compacting state. However, a compacting state may withdraw
from the compact by enacting a statute specifically repealing the
statute which enacted the compact into law.
(b) The effective date of withdrawal is the effective date
of the repealing statute. However, the withdrawal shall not
apply to any product filings approved or self-certified, or any
advertisement of such products, on the date the repealing statute
becomes effective, except by mutual agreement of the commission
and the withdrawing state unless the approval is rescinded by the
withdrawing state as provided in (e) of this subsection.
(c) The commissioner of the withdrawing state shall
immediately notify the management committee in writing upon the
introduction of legislation repealing the compact in the
withdrawing state.
(d) The commission shall notify the other compacting states
of the introduction of such legislation within ten days after its
receipt of notice thereof.
(e) The withdrawing state is responsible for all
obligations, duties, and liabilities incurred through the
effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of
withdrawal, except to the extent those obligations may have been
released or relinquished by mutual agreement of the commission
and the withdrawing state. The commission's approval of products
and advertisement prior to the effective date of withdrawal shall
continue to be effective and be given full force and effect in
the withdrawing state, unless formally rescinded by the
withdrawing state in the same manner as provided by the laws of
the withdrawing state for the prospective disapproval of products
or advertisement previously approved under state law.
(f) Reinstatement following withdrawal of any compacting
state shall occur upon the effective date of the withdrawing
state reenacting the compact.
(2)(a) If the commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under the compact, the bylaws, or
adopted rules or operating procedures, then, after notice and
hearing as set forth in the bylaws, all rights, privileges, and
benefits conferred by the compact on the defaulting state shall
be suspended from the effective date of default as fixed by the
commission. The grounds for default include, but are not limited
to, failure of a compacting state to perform its obligations or
responsibilities, and any other grounds designated in commission
rules. The commission shall immediately notify the defaulting
state in writing of the defaulting state's suspension pending a
cure of the default. The commission shall stipulate the
conditions and the time period within which the defaulting state
must cure its default. If the defaulting state fails to cure the
default within the time period specified by the commission, the
defaulting state shall be terminated from the compact and all
rights, privileges, and benefits conferred by the compact shall
be terminated from the effective date of termination.
(b) Product approvals by the commission or product
self-certifications, or any advertisement in connection with such
product, that are in force on the effective date of termination
shall remain in force in the defaulting state in the same manner
as if the defaulting state had withdrawn voluntarily under
subsection (1) of this section.
(c) Reinstatement following termination of any compacting
state requires a reenactment of the compact.
(3)(a) The compact dissolves effective upon the date of the
withdrawal or default of the compacting state which reduces
membership in the compact to one compacting state.
(b) Upon the dissolution of the compact, the compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the commission shall be wound up and any
surplus funds shall be distributed in accordance with the bylaws.
[2005 c 92 § 14.]