An Act to repeal the Midwestern Regional Higher Education Compact.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 13-53C-1 be REPEALED.
The Governor is hereby
authorized and directed to enter the Midwestern Regional Higher
Education Compact on behalf of the State of South Dakota with all
other states legally joining therein in substantially the following
form:
MIDWESTERN REGIONAL
HIGHER EDUCATION COMPACT
ARTICLE I PURPOSE
The purpose of the
Midwestern Higher Education Compact is to provide greater higher
education opportunities and services in the midwestern region, with
the aim of furthering regional access to, research in, and choice of
higher education for the citizens residing in the several states
which are parties to this compact.
ARTICLE II THE
COMMISSION
The compacting states
create the Midwestern Higher Education Commission. The commission
shall be a body corporate of each compacting state. The commission
shall have all the responsibilities, powers, and duties set forth in
this chapter, including the power to sue and be sued, and such
additional powers as may be conferred upon it by subsequent action of
the respective legislatures of the compacting states in accordance
with the terms of this compact.
The commission shall
consist of five resident members of each state as follows: the
governor or the governor's designee, who shall serve during the
tenure of office of the governor; two legislators, one from each
house (except Nebraska, which may appoint two legislators from its
unicameral legislature), who shall serve two-year terms and be
appointed by the appropriate appointing authority in each house of
the legislature; and two other at-large members, at least one of whom
shall be selected from the field of higher education. The at-large
members shall be appointed in a manner provided by the laws of the
appointing state. One of the two at-large members initially appointed
in each state shall serve a two-year term. The other, and any
regularly appointed successor to either at-large member, shall serve
a four-year term. All vacancies shall be filled in accordance with
the laws of the appointed states. Any commissioner appointed to fill
a vacancy shall serve until the end of the incomplete term.
The commission shall
select annually, from among its members, a chairperson, a vice
chairperson, and a treasurer.
The commission shall
appoint an executive director who shall serve at its pleasure and who
shall act as secretary to the commission. The treasurer, the
executive director, and such other personnel as the commission may
determine shall be bonded in such amounts as the commission may
require.
The commission shall meet
at least once each calendar year. The chairperson may call additional
meetings and, upon the request of a majority of the commission
members of three or more compacting states, shall call additional
meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.
Each compacting state
represented at any meeting of the commission is entitled to one vote.
A majority of the compacting states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the
bylaws of the commission.
ARTICLE III POWERS AND
DUTIES OF THE COMMISSION
The commission shall
adopt a seal and suitable bylaws governing its management and
operations.
Irrespective of the civil
service, personnel, or other merit system laws of any of the
compacting states, the commission in its bylaws shall provide for the
personnel policies and programs of the compact.
The commission shall
submit a budget to the governor and legislature of each compacting
state at such time and for such period as may be required. The budget
shall contain specific recommendations of the amount or amounts to be
appropriated by each of the compacting states.
The commission shall
report annually to the legislatures and governors of the compacting
states, to the Midwestern Governors' Conference, and to the
Midwestern Legislative Conference of the Council of State Governments
concerning the activities of the commission during the preceding
year. Such reports shall also embody any recommendations that may
have been adopted by the commission.
The commission may
borrow, accept, or contract for the services of personnel from any
state or the United States or any subdivision or agency, from any
interstate agency, or from any institution, foundation, person, firm,
or corporation.
The commission may accept
for any of its purposes and functions under the compact any and all
donations and grants of money, equipment, supplies, materials, and
services (conditional or otherwise) from any state or the United
States or any subdivision or agency thereof, or interstate agency, or
from any institution, foundation, person, firm, or corporation, and
may receive, utilize, and dispose of the same.
The commission may enter
into agreements with any other interstate education organizations or
agencies and with higher education institutions located in nonmember
states and with any of the various states of these United States to
provide adequate programs and services in higher education for the
citizens of the respective compacting states. The commission shall,
after negotiations with interested institutions and interstate
organizations or agencies, determine the cost of providing the
programs and services in higher education for use of these
agreements.
The commission may
establish and maintain offices, which shall be located within one or
more of the compacting states.
The commission may
establish committees and hire staff as it deems necessary for the
carrying out of its functions.
The commission may
provide for actual and necessary expenses for attendance of its
members at official meetings of the commission or its designated
committees.
ARTICLE IV ACTIVITIES OF
THE COMMISSION
The commission shall
collect data on the long-range effects of the compact on higher
education. By the end of the fourth year from the effective date of
the compact and every two years thereafter, the commission shall
review its accomplishments and make recommendations to the governors
and legislatures of the compacting states on the continuance of the
compact.
The commission shall
study issues in higher education of particular concern to the
midwestern region. The commission shall also study the needs for
higher education programs and services in the compacting states and
the resources for meeting such needs. The commission shall from time
to time prepare reports on such research for presentation to the
governors and legislatures of the compacting states and other
interested parties. In conducting such studies, the commission may
confer with any national or regional planning body. The commission
may redraft and recommend to the governors and legislatures of the
various compacting states suggested legislation dealing with problems
of higher education.
The commission shall
study the need for provision of adequate programs and services in
higher education, such as undergraduate, graduate, or professional
student exchanges in the region. If a need for exchange in a field is
apparent, the commission may enter into such agreements with any
higher education institution and with any of the compacting states to
provide programs and services in higher education for the citizens of
the respective compacting states. The commission shall, after
negotiations with interested institutions and the compacting states,
determine the costs of providing the programs and services in higher
education for use in its agreements. The contracting states shall
contribute the funds not otherwise provided, as determined by the
commission, for carrying out the agreements. The commission may also
serve as the administrative and fiscal agent in carrying out
agreements for higher education programs and services.
The commission shall
serve as a clearinghouse on information regarding higher education
activities among institutions and agencies.
In addition to the
activities of the commission previously noted, the commission may
provide services and research in other areas of regional concern.
ARTICLE V FINANCE
The moneys necessary to
finance the general operations of the commission, not otherwise
provided for, in carrying forth its duties, responsibilities, and
powers as stated herein shall be appropriated to the commission by
the compacting states, when authorized by the respective
legislatures, by equal apportionment among the compacting states.
The commission shall not
incur any obligations of any kind prior to the making of
appropriations adequate to meet the same; nor shall the commission
pledge the credit of any of the compacting states, except by and with
the authority of the compacting state.
The commission shall keep
accurate accounts of all receipts and disbursements. The receipts and
disbursements of the commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the commission shall
be audited yearly by a certified or licensed public accountant and
the report of the audit shall be included in and become part of the
annual report of the commission.
The accounts of the
commission shall be open at any reasonable time for inspection by
duly authorized representatives of the compacting states and persons
authorized by the commission.
ARTICLE VI ELIGIBLE
PARTIES AND ENTRY INTO FORCE
The states of Illinois,
Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North
Dakota, Ohio, South Dakota, and Wisconsin shall be eligible to become
party to this compact. Additional states will be eligible if approved
by a majority of the compacting states.
As to any eligible party
state, this compact shall become effective when its legislature shall
have enacted the same into law.
Amendments to the compact
shall become effective upon their enactment by the legislatures of
all compacting states.
ARTICLE VII WITHDRAWAL,
DEFAULT, AND TERMINATION
Any compacting state may
withdraw from this compact by enacting a statute repealing the
compact, but such withdrawal shall not become effective until two
years after the enactment of such statute. A withdrawing state shall
be liable for any obligations which it may have incurred on account
of its party status up to the effective date of withdrawal, except
that if the withdrawing state has specifically undertaken or
committed itself to any performance of an obligation extending beyond
the effective date of withdrawal, it shall remain liable to the
extent of such obligation.
If any compacting state
shall at any time default in the performance of any of its
obligations, assumed or imposed, in accordance with the provisions of
this compact, all rights, privileges, and benefits conferred by this
compact or agreements hereunder shall be suspended from the effective
date of such default as fixed by the commission, and the commission
shall stipulate the conditions and maximum time for compliance under
which the defaulting state may resume its regular status. Unless such
default shall be remedied under the stipulations and within the time
period set forth by the commission, this compact may be terminated
with respect to such defaulting state by affirmative vote of a
majority of the other member states. Any such defaulting state may be
reinstated by performing all acts and obligations as stipulated by
the commission.
ARTICLE VIII
SEVERABILITY AND CONSTRUCTION
The provisions of this
compact entered into hereunder shall be severable and if any phrase,
clause, sentence, or provision of this compact is declared to be
contrary to the Constitution of any compacting state or of the United
States or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person, or circumstance shall not be affected
thereby. If this compact entered into hereunder shall be held
contrary to the constitution of any compacting state, the compact
shall remain in full force and effect as to the remaining states and
in full force and effect as to the state affected as to all severable
matters. The provisions of this compact entered into pursuant hereto
shall be liberally construed to effectuate the purposes thereof.
Section 2. That § 13-53C-2 be REPEALED.
The members of the
Midwestern Regional Higher Education Commission representing this
state are as follows:
(1) The Governor or a
designee of the Governor who shall serve throughout the Governor's
tenure in office;
(2) One member of the
Senate appointed by the Executive Board of the Legislative Research
Council;
(3) One member of the
House of Representatives appointed by the Executive Board of the
Legislative Research Council;
(4) One member of the
general public from the field of higher education appointed by the
executive director of the Board of Regents; and
(5) One member of the
general public from the field of career and technical education
appointed by the secretary of the Department of Education.
The members of the
Legislature appointed to the commission shall each serve a term of
two years. The members of the general public appointed to the
commission shall each serve a term of four years, except that one of
the members of the general public initially appointed shall serve a
term of two years.
The initial appointments
shall be made no later than thirty days after the effective date of
this chapter. If a vacancy occurs, the remainder of the unexpired
term shall be filled in the same manner as the original appointment.
Underscores indicate new language.
Overstrikes
indicate deleted language.