SB 46 — Relating to the mobility of P-12 teachers; to provide and adopt the Interstate Teacher Mobility Compact to allow licensed teachers to practice among compact states in a limited manner; to provide eligibility requirements for licensed teachers to teach pursuant to the compact; to provide for a coordinated licensure information system, joint investigations, and disciplinary actions; to establish the Interstate Teacher Mobility Compact Commission, and provide for membership, powers, duties, and rulemaking functions of the commission; and to provide for oversight of the compact, enforcement of the compact, default procedures, dispute resolution, withdrawal of compact states, and amendments to the compact.
Last action — Enacted as 2023-234
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Interstate Teacher Mobility Compact, facilitates the mobility of licensed teachers among compact member states.
Bill Text
What changed in the latest version
731 added · 727 removedPlain-language change summary
The latest version of SB 46 has added some specific language to clarify the purpose of the Interstate Teacher Mobility Compact, highlighting that it aims to help teachers move more easily between member states. This change emphasizes support for teachers through a streamlined licensure process. It matters because it shows a commitment to addressing teacher shortages by making it easier for qualified educators to find work in different states.
SB46 ENGROSSEDENROLLED 28NXIS-228NXIS-3 By Senators Orr, Chesteen RFD:
07-Mar-23 2023 Regular Session Page 0 SB46 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to the mobility of P-12 teachers;
Through this compact, the member states seek to establish a Page 1 SB46 Engrossed collective regulatory framework that expedites and enhances the ability of teachers to move across state lines.
Page 1 SB46 Enrolled (1) Create a streamlined pathway to licensure mobility for teachers.
Any limitation or restriction imposed by a member state's licensing authority, such as revocation, Page 2 SB46 Engrossed suspension, reprimand, probation, or limitation on the licensee's ability to work as a teacher.
A current, valid authorization issued by a member state's licensing authority allowing an individual to serve as a teacher in P-12 Page 2 SB46 Enrolled public educational settings in a specific career and technical education area.
Page 3 SB46 Engrossed (10) EXECUTIVE COMMITTEE.
An official, agency, board, or other entity of a state that is responsible for the licensing Page 3 SB46 Enrolled and regulation of teachers authorized to teach in P-12 public educational settings.
93 (13) RECEIVING STATE.
An individual who currently holds an authorization from a member state that forms the basis for employment in the P-12 public schools of the state to provide Page 4 SB46 Engrossed instruction in a specific subject area, grade level, or student population.
Page 4 SB46 Enrolled Section 3.
The determination shall be made in the sole discretion of the Page 5 SB46 Engrossed receiving state's licensing authority and may include a determination that the applicant is not eligible for any of the receiving state's eligible licenses.
Page 5 SB46 Enrolled (d) For active military members and eligible military spouses who hold a license that is not unencumbered, the receiving state shall grant an equivalent license or licenses that, in the receiving state's sole discretion, is equivalent to the license or licenses held by the teacher in any other member state, except where the receiving state does not have an equivalent license.
(a) Except as provided in Section 3, nothing in this compact shall be construed to limit or inhibit the power of a Page 6 SB46 Engrossed member state to regulate licensure or endorsements overseen by the member state's licensing authority.
Page 6 SB46 Enrolled (c) For the purposes of determining compensation, a receiving state may require additional information from teachers receiving a license under this compact.
Page 7 SB46 Engrossed (3) Participate in any agreement or cooperative arrangement with a nonmember state.
(a) Except as provided for active military members or eligible military spouses in subsection (d) of Section 3, a teacher may only be eligible to receive a license under this Page 7 SB46 Enrolled compact where that teacher holds an unencumbered license in a member state.
Any member state receiving the information or files shall protect Page 8 SB46 Engrossed and maintain the security and confidentiality thereof, in at least the same manner that the member state maintains its own investigatory or disciplinary files and information.
Page 8 SB46 Enrolled Section 7.
Page 9 SB46 Engrossed (5) Each commissioner shall be entitled to one vote about the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
Page 9 SB46 Enrolled (6) The commission shall meet at least once during each calendar year.
Page 10 SB46 Engrossed (7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected.
(9) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state, or Page 10 SB46 Enrolled an associated nongovernmental organization that is open to membership by all states.
Page 11 SB46 Engrossed (16) Provide and receive information from, and cooperate with, law enforcement agencies.
Page 11 SB46 Enrolled (19) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of teacher licensure.
Page 12 SB46 Engrossed (4) The executive committee shall meet at least once annually.
Page 12 SB46 Enrolled b.
Page 13 SB46 Engrossed 2.
Page 13 SB46 Enrolled 5.
If a meeting, or portion of a meeting, is closed pursuant to this subdivision, the commission's legal counsel Page 14 SB46 Engrossed or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
All minutes and documents of a closed meeting shall Page 14 SB46 Enrolled remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
Page 15 SB46 Engrossed e.
Page 15 SB46 Enrolled a.
The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual against Page 16 SB46 Engrossed whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;
The commission shall indemnify and hold harmless any member, officer, executive director, employee, or Page 16 SB46 Enrolled representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that individual.
In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this compact, or the Page 17 SB46 Engrossed powers granted hereunder, then the action by the commission shall be invalid and have no force and effect of law in the member states.
Page 17 SB46 Enrolled (d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.
Page 18 SB46 Engrossed (a) The commission shall provide for facilitating the exchange of information to administer and implement this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.
Page 18 SB46 Enrolled Section 10.
Page 19 SB46 Engrossed (3) All courts and all administrative agencies shall take judicial notice of this compact, the rules of the commission, and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of this compact, or which may affect the powers, responsibilities, or actions of the commission.
Show all 55 changed lines (15 more)
(4) The commission may receive service of process in any proceeding regarding the enforcement or interpretation of this compact and shall have standing to intervene in any proceeding Page 19 SB46 Enrolled for all purposes.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners of the member states, and all rights, privileges, and benefits Page 20 SB46 Engrossed conferred on that state by this compact may be terminated on the effective date of termination.
Page 20 SB46 Enrolled (e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
Page 21 SB46 Engrossed (2) The commission shall adopt a rule providing for both binding and nonbinding alternative dispute resolution for disputes as appropriate.
(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal office Page 21 SB46 Enrolled against a member state in default to enforce compliance with this compact and its adopted rules and bylaws.
Page 22 SB46 Engrossed (2) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 10.
(b) If any member state is later found to be in default, or is terminated or withdraws from this compact, the Page 22 SB46 Enrolled commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than 10.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to Page 23 SB46 Engrossed comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of Page 23 SB46 Enrolled this compact is declared to be contrary to the constitution of any member state or a state seeking membership in the compact, or of the United states or the applicability thereof to any other government, agency, individual, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, individual, or circumstance shall not be affected thereby.
Page 24 SB46 Engrossed (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.
Page 2524 SB46 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................07-Mar-23________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives EducationSB46 PolicySenate Read05-Apr-23 forI hereby certify that the secondwithin timeAct andoriginated placedin ................21-Mar-23and onpassed the calendar:Senate, as amended.
1 amendment Read for the third time and passed ................05-Apr-23 as amended Yeas 30 Nays 0 Abstains 0 Patrick Harris, Secretary.
PageHouse 26of Representatives Passed:
11-May-23 By:
Senator Orr Page 25
Show all 55 changed rows (15 more)
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Arthur Orr · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 25 | 0 | 0 | 1 |
| Total | 99 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 23 | 0 | 0 | 2 |
| D | 5 | 0 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Not Voting |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Not Voting |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 23 | 0 | 0 | 2 |
| D | 5 | 0 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Not Voting |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Not Voting |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
Subjects
Frequently asked questions
- What does SB 46 do?
- Interstate Teacher Mobility Compact, facilitates the mobility of licensed teachers among compact member states.
- Who sponsors SB 46?
- SB 46 is sponsored by Arthur Orr (R).
- What is the current status of SB 46?
- This bill has been enacted into law. Introduced March 07, 2023. Enacted.
- Where can I track SB 46?
- Track SB 46 free on One Click Politics — get push/email alerts when it moves.
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