§ 16-41-1 - Execution of compact.
SECTION 16-41-1
§ 16-41-1 Execution of compact. – The Rhode Island higher education assistance authority, on behalf of the state,is authorized and directed to execute a compact, substantially in the followingform, with any one or more of the states of Connecticut, Maine, Massachusetts,New Hampshire and Vermont:
NEW ENGLAND HIGHER EDUCATION COMPACT
ARTICLE I
The purpose of the New England higher education compact shallbe to provide greater educational opportunities and services through theestablishment and maintenance of a coordinated educational program for thepersons residing in the several states of New England parties to this compactwith the aim of furthering higher education in the fields of medicine,dentistry, veterinary medicine, public health and in professional, technical,scientific, literary and other fields.
ARTICLE II
There is hereby created and established a New England boardof higher education hereinafter known as the board which shall be an agency ofeach state party to the compact. The board shall be a body corporate andpolitic, having the powers, duties and jurisdiction herein enumerated and suchother and additional powers as shall be conferred upon it by the concurrent actor acts of the compacting states. The board shall consist of eight (8) residentmembers from each compacting state, chosen in the manner and for the termsprovided by law of the several states parties to this compact, provided,however, that at least four (4) members shall be members of the legislature.
ARTICLE III
This compact shall become operative immediately as to thosestates executing it whenever any two (2) or more of the states of Maine,Vermont, New Hampshire, Massachusetts, Rhode Island, and Connecticut haveexecuted it in the form which is in accordance with the laws of the respectivecompacting states.
ARTICLE IV
The board shall annually elect from its members a chairpersonand vice-chairperson and shall appoint and at its pleasure remove or dischargesaid officers. It may appoint and employ an executive secretary and may employsuch stenographic, clerical, technical or legal personnel as shall benecessary, and at its pleasure remove or discharge such personnel. It shalladopt a seal and suitable bylaws and shall promulgate any all rules andregulations which may be necessary for the conduct of its business. It maymaintain an office or offices within the territory of the compacting states andmay meet at any time or place. Meetings shall be held at least twice each year.
A majority of the members shall constitute a quorum for thetransaction of business, but no action of the board imposing any obligation onany compacting state shall be binding unless a majority of the members fromsuch compacting state shall have voted in favor thereof. Where meetings areplanned to discuss matters relevant to problems of education affecting onlycertain of the compacting states, the board may vote to authorize specialmeetings of the board members of such states. The board shall keep accurateaccounts of all receipts and disbursements and shall make an annual report tothe governor and the legislature of each compacting state setting forth indetail the operations and transactions conducted by it pursuant to thiscompact, and shall make recommendations for any legislative action deemed by itadvisable, including amendments to the statutes of the compacting states whichmay be necessary to carry out the intent and purpose of this compact. The boardshall not pledge the credit of any compacting state without consent of thelegislature thereof given pursuant to the constitutional processes of saidstate. The board may meet any of its obligations in whole or in part with fundsavailable to it under article VII of this compact, provided that the boardtakes specific action setting aside such funds prior to the incurring of anyobligation to be met in whole or in part in this manner. Except where the boardmakes use of funds available to it under article VII hereof, the board shallnot incur any obligations for salaries, office, administrative, traveling orother expenses prior to the allotment of funds by the compacting statesadequate to meet the same. Each compacting state reserves the right to providehereafter by law for the examination and audit of the accounts of the board.The board shall appoint a treasurer and assistant treasurer who may beempowered to perform any and all duties of the treasurer. Fiscal disbursementsof the board shall be valid only when authorized by any two (2) persons fromamong those authorized by the board to execute this authority, and whensubstantiated by vouchers signed and countersigned by any two (2) persons fromamong those the board has authorized to execute this authority. The executivesecretary shall be custodian of the records of the board with authority toattest to and certify the records or copies thereof.
ARTICLE V
The board shall have the power to: (1) Collect, correlate,and evaluate data in the fields of its interest under this compact; to publishreports, bulletins, and other documents making available the results of itsresearch; and, in its discretion, to charge fees for said reports, bulletins,and documents; (2) enter into such contractual agreements or arrangements withany of the compacting states or agencies thereof and with educationalinstitutions and agencies as may be required in the judgment of the board toprovide adequate services and facilities in educational fields covered by thiscompact; provided that it shall be the policy of the board in the negotiationof its agreements to serve increased numbers of students from the compactingstates through arrangements with them existing institutions, whenever in thejudgment of the board adequate service can be so secured in the New Englandregion. Each of the compacting states shall contribute funds to carry out thecontracts of the board on the basis of the number of students from such statefor whom the board may contract. Contributions shall be at the rate determinedby the board in each educational field. Except in those instances where theboard by specific action allocates funds available to it under article VIIhereof, it shall be the policy of the board to enter into such contracts onlyupon appropriation of funds by the compacting states. Any contract entered intoshall be in accordance with rules and regulations promulgated by the board andin accordance with the laws of the compacting states.
ARTICLE VI
Each state agrees that, when authorized by the legislaturepursuant to the constitutional processes, it will from time to time makeavailable to the board such funds as may be required for the expenses of theboard as authorized under the terms of this compact. The contribution of eachstate for this purpose shall be in the proportion that its population bears tothe total combined population of the states who are parties hereto as shownfrom time to time by the most recent official published report of the bureau ofthe census of the United States of America; unless the board shall adoptanother basis in making its recommendation for appropriation to the compactingstates.
ARTICLE VII
The board for the purposes of this compact is herebyempowered to receive grants, devises, gifts and bequests which the board mayagree to accept and administer. The board shall administer property held inaccordance with special trusts, grants and bequests and shall also administergrants and devises of land and gifts or bequests of personal property made tothe board for special uses and shall execute said trusts, investing theproceeds thereof in notes or bonds secured by sufficient mortgages or othersecurities.
ARTICLE VIII
The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any compacting state or of the United Statesthe validity of the remainder of this compact and the applicability thereof toany government, agency, person, or circumstance shall not be affected thereby;provided, that if this compact is held to be contrary to the constitution ofany compacting state the compact shall remain in full force and effect as toall other compacting states.
ARTICLE IX
This compact shall continue in force and remain binding upona compacting state until the legislature or the governor of such state, as thelaws of such state shall provide, takes action to withdraw therefrom. Suchaction shall not be effective until two (2) years after notice thereof has beensent by the governor of the state desiring to withdraw to the governors of allother states then parties to the compact. Such withdrawal shall not relieve thewithdrawing state from its obligations accruing hereunder prior to theeffective date of withdrawal. Any state so withdrawing, unless reinstated,shall cease to have any claim to or ownership of any of the property held by orvested in the board or to any of the funds of the board held under the terms ofthe compact. Thereafter, the withdrawing state may be reinstated by applicationafter appropriate legislation is enacted by such state, upon approval by amajority vote of the board.