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 more administrative, 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 of Interstate 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 Why Interstate Cooperation? Constitutional Provisions Art. IV, Sec. 1 & 2: “Full faith and credit” clause Interstate rendition 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 Self-interests v. Cooperative Behaviors Individual v. Collective Actions Disparity v. Uniformity Rival v. Ally Competition v. Cooperation “Federalism without Washington” I

19. Thank you