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The Future Use of Interstate Compacts

The Future Use of Interstate Compacts. Summit of the States on Interstate Cooperation June 1 - June 2, 2006 By Keon S. Chi The Council of State Governments. Key Questions. How (in what forms) are states cooperating? What are trends in interstate compacts?

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The Future Use of Interstate Compacts

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  1. The Future Use of Interstate Compacts Summit of the States on Interstate Cooperation June 1 - June 2, 2006 By Keon S. Chi The Council of State Governments

  2. Key Questions • How (in what forms) are states cooperating? • What are trends in interstate compacts? • What are potential areas for future interstate compacts? • Who are/could be key players in future interstate compacts?

  3. What are state legislative committees on interstate cooperation doing? • Why do states need interstate cooperation and/or compacts in the future? • Are states going to change their behaviors in interstate cooperation?

  4. Forms of Interstate Cooperation • Interstate Compacts • Formal agreements/contracts • Legally binding • Legislative/Congressional approval • Multistate Legal Actions • Joint legal actions • Tobacco settlement by NAAG

  5. Uniform State Laws • National Conference of Commissioners on Uniform State Laws (NCCUSL) • No involvement with “collective action” per se • Administrative Agreements • Executive agencies • Formal or informal

  6. Trends in Interstate Compacts • There exist more than 200 interstate compacts. • The number of compact membership for a state ranges from 16 to 50. • One third of interstate compacts with 8 or more states are bilateral. • Only 10 percent of interstate compacts have a majority of states as members. • App. 15 percent of compacts are regional.

  7. Trends appear to be toward a resurgence of interstate compacts. A total of 49 compact bills were enacted in 2005; at least 16 compact bills were enacted in 2006 thus far. App. 30 interstate compacts are being considered by Congress. • Recent interstate compacts tend to have moreadministrative, financial, and technical dimensions. • Currently, more than 100 compact bills are pending in state legislatures. • These compact bills deal with insurance, criminal justice, the electoral college system and a wide range of policy issues.

  8. Potential Areas ofInterstate Compacts • Regional policy/program innovations • Resurgence of regionalism • Regional organizations • Border states’ cooperation • U.S.-Mexico Border: Border Legislative Conferences; Border Governors Conferences • U.S.-Canada Border: Legislators’ and governors’ meetings

  9. Top 5 state policy areas • Education, Health & Human services, Public safety, Transportation, Environment • Emerging trends areas • Aging, immigration, economic development, natural resources, technology, globalization, suburbanization/exurb-metropolitan reform, etc.

  10. Key Players in Interstate Compacts in the States • Governors and policy staff • Elected executive officials • Executive agency directors/managers • Legislative leaders • Legislators and staff

  11. Legislative service agency directors • Interstate compact administrators • The Media • Researchers & consultants • Interest groups • Civic organizations

  12. Legislative Committees on Interstate Cooperation • Each state’s participation in interstate cooperation as a member of The Council of State Governments • Committees/commissions on Interstate Cooperation in both houses of state legislature (most states) • Governor’s Committee on Interstate Cooperation (state officials and private citizens – DE)

  13. Functions of Committees on Interstate Cooperation • Adoption of compacts • Enactment of uniform or reciprocal statutes • Adoption of reciprocal administrative rules and regulations • Informal cooperation with state government offices

  14. Personal cooperation of state government officials • Interchange and clearance of research and information • Other suitable process

  15. Why Interstate Cooperation?Constitutional Provisions Art. IV, Sec. 1 & 2: • “Full faith and credit” clause • Interstate rendition clause • “Full privileges and immunities” clause Art I, Sec. 2: • Interstate Compacts Art III, Sec. 2: • Resolution of controversies among states

  16. Why Interstate Cooperation?Reasons • Effectiveness and efficiency • Goal achievement and less costs (economies of scale) • Flexibility and autonomy compared to national policy • No to the “one size fits all” approach • Dispute settlement • Among the states • State sovereignty • Against “coercive regulatory federalism” • Cooperative behaviors leading to “win-win” situations • Especially on a regional basis

  17. Threats of Federal/Congressional preemption or mandates • Disparate state regulatory statutes • International trade agreements • Technology development • Lobbying by Interest groups • CSG: Goal, NCIC, and “State Governance Transformation” Initiative • Interstate/multi-state solutions to common problems • Promotion and assistance for interstate compacts • Networked/collaborative government to meet challenges from emerging trends

  18. States in Interstate Relations:Bottom Line: Duality I • Self-interests v. Cooperative Behaviors • Individual v. Collective Actions • Disparity v. Uniformity • Rival v. Ally • Competition v. Cooperation • “Federalism without Washington”

  19. Thank you

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