[Rev. 11/4/2011 11:17:45 AM]
NRS 399.015 Governor to execute Compact; text of Compact.
NRS 399.015 Governor to execute Compact; text of Compact. The Governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
Purpose and Policy
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding among executive, legislative and professional and nonprofessional educational leadership on a national basis at the state and local levels.
2. Provide a forum for the discussion, development and recommendation of alternatives for public policy in the field of education.
3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both nonprofessional and professional groups in the field of education may have additional ways to share experiences and exchange ideas while forming public policy for education.
4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
C. The states which have entered into this compact recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of persons within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
As used in this compact, “state” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
A. The education commission of the states, hereinafter called “the commission,” is hereby established. The commission consists of seven members representing each state which has entered into this compact. The members representing Nevada are:
1. The governor;
2. Two senators appointed by the majority leader of the senate;
3. Two members of the assembly appointed by the speaker of the assembly; and
4. Two persons appointed by the governor.
Ê In addition, there may be not more than 10 nonvoting commissioners selected by the steering committee for terms of 1 year. These commissioners must represent leading national organizations of professional educators or persons concerned with educational administration.
B. The members of the commission are entitled to one vote each. No action of the commission is binding unless it is taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. The commission may act only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to:
1. Approve budgets or requests for appropriations;
2. Make recommendations of policy pursuant to Article IV; or
3. Adopt the annual report.
C. The commission shall adopt a seal.
D. The commission shall elect annually, from among its members, a governor to serve as its chair, a vice chair and a treasurer. The commission shall provide for the appointment of an executive director. The executive director shall serve at the pleasure of the commission. The executive director, treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall require. The executive director shall act as secretary.
E. The executive director, subject to the approval of the steering committee, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix their duties and compensation. The commission in its bylaws shall provide for the policies and programs for the personnel of the commission.
F. The commission may borrow, accept or contract for the services of personnel.
G. The commission may accept for any of its purposes and functions under this compact any donations, grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation or corporation, and may receive, utilize and dispose of such gifts and grants. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this Article must be reported in the annual report of the commission. The report must include the nature, amount and conditions, if any, of the donation, grant or services borrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.
I. The commission shall adopt bylaws for the conduct of its business and may amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each state which has entered into this compact.
J. The commission annually shall make to the governor and legislature of each state which has entered into this compact a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.
In addition to any authority conferred on the commission by other provisions of the compact, the commission may:
1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
2. Encourage and foster research in all respects of education, but with special reference to the desirable scope of instruction, organization, administration and instructional methods and standards employed or suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a whole and at each of its many levels.
4. Conduct or participate in research in any instance where it finds that the research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional organizations for higher education and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officers.
6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.
Cooperation With Federal Government
A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the Federal Government, the United States may be represented on the commission by not more than 10 representatives. Any such representative of the United States must be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the Federal Government, but no such representative may have a vote on the commission.
B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the Federal Government concerning the common educational policies of the states, and may confer with any such agencies or officers concerning any matter of mutual interest.
A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of 32 members which, subject to the provisions of this compact and consistent with the policies of the commission, is constituted and functions as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee must consist of governors, one-fourth must consist of legislators and the remainder must consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee have terms of 2 years, except that members elected to the first steering committee of the commission must be elected as follows: 16 for 1 year and 16 for 2 years. The chair, vice chair and treasurer of the commission must be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee do not affect its authority to act, but the commission at its next regular meeting following the occurrence of any vacancy shall fill it for the unexpired term. A person shall not serve more than two terms as a member of the steering committee; provided that service for a partial term of 1 year or less must not be counted toward the limitation.
B. The commission may establish advisory and technical committees composed of state, local, federal officers and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the states which have entered into this compact.
C. The commission may establish such additional committees as its bylaws may provide.
A. The commission shall advise the governor or designated officer of each state which has entered into this compact of its budget and estimated expenditures for such period as may be required by the laws of that state. Each of the commission’s budgets of estimated expenditures must contain specific recommendations of the amount to be appropriated by each of the states.
B. The total amount of requests under any budget must be apportioned among the states. In making the apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita levels of income of the states.
C. The commission shall not pledge the credit of any state. The commission may meet any of its obligations in whole or in part with money available to it pursuant to Article III of this compact, provided that the commission takes specific action setting aside the money before incurring an obligation to be met in whole or in part in that manner. Except where the commission makes use of money available to it pursuant to Article III, the commission shall not incur any obligation before receiving an allotment of money from the states which is adequate to meet the obligation.
D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the procedures for audit and accounting established by its bylaws. However, all receipts and disbursements of money handled by the commission must be audited yearly by a qualified public accountant. The report of the audit must be included in and become part of the annual reports of the commission.
E. The accounts of the commission must be open at any reasonable time for inspection by officers of the states which have entered into this compact and by any other persons authorized by the commission.
F. Nothing contained in this compact prohibits compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
Eligible Parties; Entry Into and Withdrawal
A. This compact has as eligible parties all states, territories and possessions of the United States, the District of Columbia and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term “governor,” as used in this compact, shall be deemed to mean the closest equivalent officer of the jurisdiction.
B. Any state or other eligible jurisdiction may enter into this compact and it becomes binding thereon when it is adopted by that state or jurisdiction, except that in order to enter into initial effect, adoption by at least 10 eligible jurisdictions is required.
C. Any state may withdraw from this compact by enacting a statute repealing the compact, but such a withdrawal does not take effect until 1 year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other states which have entered into this compact. No withdrawal affects any liability already incurred by or chargeable to a state before its withdrawal.
Amendments to the Compact
This compact may be amended by a vote of two-thirds of the members of the commission present and voting when ratified by the legislatures of two-thirds of the states which have entered into this compact.
Construction and Severability
This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is declared to be unconstitutional, or the application 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 must not be affected thereby. If this compact is held contrary to the constitution of any state participating therein, the compact remains in effect as to the state affected as to all severable matters.
(Added to NRS by 1989, 2147)