173.715. Regional education compact.
Regional education compact.
173.715. The following compact, as amended, is approvedand this state is declared to be a party thereto; andagreements, covenants and obligations therein are binding uponthe state of Missouri.
THE REGIONAL COMPACT
1. Whereas, the said states desire to enter into a compactwith each other providing for the planning and establishment ofregional educational facilities;
2. Now, therefore, in consideration of the mutualagreements, covenants and obligations assumed by the respectivestates who are parties hereto (hereinafter referred as"states"), the said several states do hereby form a geographicaldistrict or region consisting of the areas lying within theboundaries of the contracting states which, for the purpose ofthis compact, shall constitute an area for regional educationsupported by public funds derived from taxation by theconstituent states and derived from other sources for theestablishment, acquisition, operation and maintenance ofregional educational schools and institutions for the benefit ofcitizens of the respective states residing within the region soestablished as may be determined from time to time in accordancewith the terms and provisions of this compact.
(1) The states do further hereby establish and create ajoint agency which shall be known as the board of control forsouthern regional education (hereinafter referred to as the"board"), the members of which board shall consist of thegovernor of each state, ex officio, and four additional citizensof each state to be appointed by the governor thereof, at leastone of whom shall be selected from the field of education, andat least one of whom shall be a member of the legislature ofthat state. The governor shall continue as a member of theboard during his tenure of office as governor of the state, butthe members of the board appointed by the governor shall holdoffice for a period of four years except that in the originalappointments, one board member so appointed by the governorshall be designated at the time of his appointment to serve aninitial term of one year; one board member to serve an initialterm of two years; one board member to serve an initial term ofthree years; and the remaining board member to serve the fullterm of four years; but thereafter the successor of eachappointed board member shall serve the full term of four years.Vacancies on the board caused by death, resignation, refusal orinability to serve, shall be filled by appointment by thegovernor for the unexpired portion of the term. The officers ofthe board shall be a chairman, a vice chairman, a secretary, atreasurer, and such additional officers as may be created by theboard from time to time. The board shall meet annually andofficers shall be elected to hold office until the next annualmeeting. The board shall have the right to formulate andestablish bylaws not inconsistent with the provisions of thiscompact to govern its own actions in the performance of theduties delegated to it including the right to create and appointan executive committee and a finance committee with such powersand authority as the board may delegate to them from time totime. The board may, within its discretion, elect as itschairman a person who is not a member of the board, providedsuch person resides within a signatory state, and upon suchelection such person shall become a member of the board with allthe rights and privileges of such membership.
(2) It shall be the duty of the board to submit plans andrecommendations to the states from time to time for theirapproval and adoption by appropriate legislative action for thedevelopment, establishment, acquisition, operation andmaintenance of educational schools and institutions within thegeographical limits of the regional area of the states, of suchcharacter and type and for such educational purposes,professional, technological, scientific, literary, or otherwise,as they may deem and determine to be proper, necessary oradvisable. Title to all such educational institutions when soestablished by appropriate legislative actions of the states andto all properties and facilities used in connection therewithshall be vested in said board as the agency of and for the useand benefit of the said states and the citizens thereof, and allsuch educational institutions shall be operated, maintained andfinanced in the manner herein set out, subject to any provisionsor limitations which may be contained in the legislative acts ofthe states authorizing the creation, establishment and operationof such educational institutions.
(3) In addition to the power and authority heretoforegranted, the board shall have the power to enter into suchagreements or arrangements with any of the states and witheducational institutions or agencies, as may be required in thejudgment of the board, to provide adequate services andfacilities for graduate, professional and technical educationfor the benefit of the citizens of the respective statesresiding within the region, and such additional and generalpower and authority as may be vested in the board from time totime by legislative enactment of the said states.
(4) Any two or more states who are parties of this compactshall have the right to enter into supplemental agreementsproviding for the establishment, financing and operation ofregional educational institutions for the benefit of citizensresiding within an area which constitutes a portion of thegeneral region herein created, such institutions to be financedexclusively by such states and to be controlled exclusively bythe members of the board representing such states provided suchagreement is submitted to and approved by the board prior to theestablishment of such institutions.
(5) Each state agrees that, when authorized by thelegislature, it will from time to time make available and payover to said board such funds as may be required for theestablishment, acquisition, operation and maintenance of suchregional educational institutions as may be authorized by thestates under the terms of this compact, the contribution of eachstate at all times to be in the proportion that its populationbears to the total combined population of the states who areparties hereto as shown from time to time by the most recentofficial published report of the Bureau of Census of the UnitedStates of America; or upon such other basis as may be agreedupon.
(6) This compact shall not take effect or be binding uponany state unless and until it shall be approved by properlegislative action of as many as six or more of the states whosegovernors have subscribed hereto within a period of eighteenmonths from the date hereof. When and if six or more statesshall have given legislative approval to this compact withinsaid eighteen months' period, it shall be and become bindingupon such six or more states sixty days after the date oflegislative approval by the sixth state and the governors ofsuch six or more states shall forthwith name the members of theboard from their states as hereinabove set out, and the boardshall then meet on call of the governor of any state approvingthis compact, at which time the board shall elect officers,adopt bylaws, appoint committees and otherwise fully organize.Other states whose names are subscribed hereto shall thereafterbecome parties hereto upon approval of this compact bylegislative action within two years from the date hereof, uponsuch conditions as may be agreed upon at the time. Provided,however, that with respect to any state whose constitution mayrequire amendment in order to permit legislative approval of thecompact, such state or states shall become parties hereto uponapproval of this compact by legislative action within sevenyears from the date hereof, upon such conditions as may beagreed upon at the time.
(7) After becoming effective this compact shall thereaftercontinue without limitation of time provided, however, that itmay be terminated at any time by unanimous action of the statesand provided further that any state may withdraw from thiscompact if such withdrawal is approved by its legislature, suchwithdrawal to become effective two years after written noticethereof to the board accompanied by a certified copy of therequisite legislative action, but such withdrawal shall notrelieve the withdrawing state from its obligations hereunderaccruing up to the effective date of such withdrawal. Any stateso withdrawing shall ipso facto cease to have any claim to orownership of any of the property held or vested in the board orto any of the funds of the board held under the terms of thiscompact.
(8) If any state shall at any time become in default in theperformance of any of its obligations assumed herein or withrespect to any obligation imposed upon said state as authorizedby and in compliance with the terms and provisions of thiscompact, all rights, privileges and benefits of such defaultingstate, its members on the board and its citizens shall ipsofacto be and become suspended from and after the date of suchdefault. Unless such default shall be remedied and made goodwithin a period of one year immediately following the date ofsuch default this compact may be terminated with respect to suchdefaulting state by an affirmative vote of three-fourths of themembers of the board (exclusive of the members representing thestate in default), from and after which time such state shallcease to be a party to this compact and shall have no furtherclaim to or ownership of any of the property held by or vestedin the board or to any of the funds of the board held under theterms of this compact, but such termination shall in no mannerrelease such defaulting state from any accrued obligation orotherwise affect this compact or the rights, duties, privilegesor obligations of the remaining states thereunder.
3. In witness whereof this compact has been approved andsigned by governors of the several states, subject, to theapproval of their respective legislatures in the mannerhereinabove set out, as of the eighth day of February, 1948.
(L. 1990 H.B. 1142 § 1)*Contingent expiration date, see § 173.721