21-16-102. Renumbered as 21-16-113 By Laws 1994, ch. 69, 2.
21-16-103. Repealed By Laws 1996, ch. 118, 3.
21-16-104. Repealed By Laws 1996, ch. 118, 3.
21-16-105. Repealed By Laws 1996, ch. 118, 3.
21-16-106. Repealed By Laws 1996, ch. 118, 3.
21-16-107. Repealed By Laws 1996, ch. 118, 3.
21-16-108. Repealed By Laws 1996, ch. 118, 3.
21-16-109. Repealed By Laws 1996, ch. 118, 3.
21-16-110. Repealed By Laws 1996, ch. 118, 3.
21-16-111. Repealed By Laws 1996, ch. 118, 3.
21-16-112. Repealed By Laws 1996, ch. 118, 3.
21-16-113. Investment in insured, guaranteed or other higher educationloans.
Thestate treasurer with the approval of the governor and the advice of theattorney general may enter into standby commitment agreements for acommercially reasonable fee with any Wyoming nonprofit corporation organized toacquire guaranteed, or insured and other higher education loans in which thestate of Wyoming will agree to purchase loans held by the nonprofit corporationat any time the corporation is unable to pay interest on or principal of any ofits outstanding bonds on any regularly scheduled interest or principal paymentdate, or at maturity, whether by acceleration, redemption or otherwise. One(1) condition of the agreement shall be that the loan program is designed for statewideparticipation and benefits. If the commitment is incurred, the investmentshall be made from the Wyoming permanent mineral trust fund or permanent landfund and, when combined with investments under W.S. 21-16-714, shall not exceedone hundred seventy-five million dollars ($175,000,000.00). In case of sales ofloans, the nonprofit corporation shall as consideration for the sale retain theresponsibility for collection and procedural processing of the loans at itssole expense with the exception of the servicing fees set forth in the standbycommitment agreement. In no case shall the state administer loans purchasedfrom the Wyoming nonprofit corporation. The portion of any payment reflectinga return of corpus shall be credited to the permanent mineral trust fund orpermanent land fund and the balance of the payment shall be credited to thegeneral fund or the permanent land income fund as applicable.
ARTICLE 2 - WESTERN REGIONAL HIGHER EDUCATION COMPACT
21-16-201. Ratification.
Thelegislature of the state of Wyoming hereby approves, ratifies and adopts the"Western Regional Higher Education Compact", approved by the westerngovernors conference meeting at Denver, Colorado on November 10, 1950, whichcompact is as follows:
ArticleI
Whereas, the future of this nation and ofthe western states is dependent upon the quality of the education of its youth;and
Whereas, many of the western statesindividually do not have sufficient numbers of potential students to warrantthe establishment and maintenance within their borders of adequate facilitiesin all of the essential fields of technical, professional, and graduatetraining, nor do all of the states have the financial ability to furnish withintheir borders institutions capable of providing acceptable standards oftraining in all of the fields mentioned above; and
Whereas, it is believed that the westernstates, or groups of such states within the region, cooperatively can provideacceptable and efficient educational facilities to meet the needs of the regionand of the students thereof:
Now, therefore, the states of Arizona,California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,Washington, and Wyoming, and the territories of Alaska and Hawaii do herebycovenant and agree as follows:
ArticleII
Each of the compacting states andterritories pledges to each of the other compacting states and territoriesfaithful cooperation in carrying out all the purposes of this compact.
ArticleIII
The compacting states and territorieshereby create the western interstate commission for higher education,hereinafter called the commission. Said commission shall be a body corporateof each compacting state and territory and an agency thereof. The commissionshall have all the powers and duties set forth herein, including the power tosue and be sued, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states andterritories.
ArticleIV
(a) The commission shallconsist of three (3) resident members from each compacting state or territory. At all times one (1) commissioner from each compacting state or territory shallbe an educator engaged in the field of higher education in the state orterritory for which he is appointed.
(b) The commissionersfrom each state and territory shall be appointed by the governor thereof asprovided by law in such state or territory. Any commissioner may be removed orsuspended from office as provided by law of the state or territory from whichhe shall have been appointed. The terms of each commissioner shall be four (4)years; provided however that the first three (3) commissioners shall beappointed as follows: one (1) for two (2) years, one (1) for three (3) years,and one (1) for four (4) years. Each commissioner shall hold office until hissuccessor shall be appointed and qualified. If any office becomes vacant forany reason, the governor shall appoint a commissioner to fill the office forthe remainder of the unexpired term.
Article V
(a) Any businesstransacted at any meeting of the commission must be by affirmative vote of amajority of the whole number of compacting states and territories.
(b) One (1) or morecommissioners from a majority of the compacting states and territories shallconstitute a quorum for the transaction of business.
(c) Each compactingstate and territory represented at any meeting of the commission is entitled toone (1) vote.
Article VI
(a) The commissionshall elect from its number a chairman and a vice chairman, and may appoint,and at its pleasure dismiss or remove, such officers, agents, and employees asmay be required to carry out the purpose of this compact; and shall fix anddetermine their duties, qualifications and compensation, having due regard forthe importance of the responsibilities involved.
(b) The commissionersshall serve without compensation, but shall be reimbursed for their actual andnecessary expenses from the funds of the commission.
Article VII
(a) The commissionshall adopt a seal and bylaws and shall adopt and promulgate rules andregulations for its management and control.
(b) The commission mayelect such committees as it deems necessary for the carrying out of itsfunctions.
(c) The commissionshall establish and maintain an office within one (1) of the compacting statesfor the transaction of its business and may meet at any time but in any eventmust meet at least once a year. The chairmen may call such additional meetingsand upon the request of a majority of the commissioners of three (3) or morecompacting states or territories shall call additional meetings.
(d) The commissionshall submit a budget to the governor of each compacting state and territory atsuch time and for such period as may be required.
(e) The commissionshall, after negotiations with interested institutions, determine the cost ofproviding the facilities for graduate and professional education for use in itscontractual agreements throughout the region.
(f) On or before thefifteenth day of January of each year, the commission shall submit to thegovernors and legislatures of the compacting states and territories a report ofits activities for the preceding calendar year.
(g) The commissionshall keep accurate books of account, showing in full its receipts anddisbursements, and said books of account shall be open at any reasonable timefor inspection by the governor of any compacting state or territory or hisdesignated representative. The commission shall not be subject to the auditand accounting procedure of any of the compacting states or territories. Thecommission shall provide for an independent annual audit.
Article VIII
(a) It shall be theduty of the commission to enter into such contractual agreements with anyinstitutions in the region offering graduate or professional education and withany of the compacting states or territories as may be required in the judgmentof the commission to provide adequate services and facilities of graduate andprofessional education for the citizens of the respective compacting states orterritories. The commission shall first endeavor to provide adequate servicesand facilities in the fields of dentistry, medicine, public health, andveterinary medicine, and may undertake similar activities in other professionaland graduate fields.
(b) For this purposethe commission may enter into contractual agreements:
(i) With the governingauthority of any educational institution in the region, or with any compactingstate or territory, to provide such graduate or professional educationalservices upon terms and conditions to be agreed upon between contractingparties; and
(ii) With the governingauthority of any educational institution in the region or with any compactingstate or territory to assist in the placement of graduate or professionalstudents in educational institutions in the region providing the desiredservices and facilities, upon such terms and conditions as the commission mayprescribe.
(c) It shall be theduty of the commission to undertake studies of needs for professional andgraduate educational facilities in the region, the resources for meeting suchneeds, and the long-range effects of the compact on higher education; and fromtime to time to prepare comprehensive reports on such research for presentationto the western governor's conference and to the legislatures of the compactingstates and territories. In conducting such studies the commission may conferwith any national or regional planning body which may be established. Thecommission shall draft and recommend to the governors of the various compactingstates and territories, uniform legislation dealing with problems of highereducation in the region.
(d) For the purposes ofthis compact the word "region" shall be construed to mean thegeographical limits of the several compacting states and territories.
Article IX
The operating costs of the commission shallbe apportioned equally among the compacting states and territories.
ArticleX
This compact shall become operative andbinding immediately as to those states and territories adopting it wheneverfive (5) or more of the states or territories of Arizona, California, Colorado,Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska,and Hawaii have duly adopted it prior to July 1, 1953. This compact shallbecome effective as to any additional states or territories adopting thereafterat the time of such adoption.
ArticleXI
This compact may be terminated at any timeby consent of a majority of the compacting states or territories. Consentshall be manifested by passage and signature in the usual manner of legislationexpressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means ofappropriate legislation to that end. Such withdrawal shall not becomeeffective until two (2) years after written notice thereof by the governor ofthe withdrawing state or territory accompanied by a certified copy of therequisite legislative action as received by the commission. Such withdrawalshall not relieve the withdrawing state or territory from its obligationhereunder accruing prior to the effective date of withdrawal. The withdrawingstate or territory may rescind its action of withdrawal at any time within thetwo (2) year period. Thereafter, the withdrawing state or territory may bereinstated by application to and the approval by a majority vote of the commission.
ArticleXII
(a) If any compactingstate or territory shall at any time default in the performance of any of itsobligations assumed or imposed in accordance with the provisions of thiscompact, all rights, privileges and benefits conferred by this compact oragreements hereunder shall be suspended from the effective date of such defaultas fixed by the commission.
(b) Unless such defaultshall be remedied within a period of two (2) years following the effective dateof such default, this compact may be terminated with respect to such defaultingstate or territory by affirmative vote of three-fourths of the other memberstates or territories.
(c) Any such defaultingstate may be reinstated by:
(i) Performing all actsand obligations upon which it has heretofore defaulted; and
(ii) Application to and the approval by a majority vote of the commission.
21-16-202. When binding; notice of ratification; power of governor toappoint commissioners; powers of commissioners generally; appropriation ofmonies.
(a) The compact shall become operative and binding at the timeprovided, and in accordance with article X of the compact. The governor ofWyoming shall give notice of the approval, ratification and adoption of thecompact by the legislature of the state of Wyoming, to the governors of each ofthe states and territories named in article X of the compact. The governorshall appoint the commissioners for which provision is made in the compact andthe commissioners shall have the power and authority specified in the compact,and such other power and authority as may hereafter be prescribed by law.
(b) In addition to those powers granted to the commissioners inthe compact, the commissioners are directed and empowered:
(i) To control and authorize the expenditure of any fundsappropriated for carrying out the provisions of the compact;
(ii) To ratify any contracts entered into by the westerninterstate commission for higher education or its officers which are deemed tobe in the best interest of the state of Wyoming and its qualified students; and
(iii) To impose residency requirements on admission to compactprograms. Applicants may appeal any admission decisions rendered pursuant tothis paragraph directly to the commission.
(c) All monies appropriated for the purposes of the compactshall be appropriated to the board of trustees of the University of Wyoming foradministration as directed by the commissioners.
ARTICLE 3 - INTERSTATE COMPACT FOR EDUCATION
21-16-301. Generally.
TheInterstate Compact for Education is hereby enacted into law and entered into bythis state with all states legally joining herein in the form substantially asfollows:
COMPACTFOR EDUCATION
ArticleI
(a) It is the purposeof this compact to:
(i) Establish andmaintain close cooperation and understanding among executive, legislative,professional, educational and lay leadership on a nationwide basis at the stateand local levels.
(ii) Provide a forumfor the discussion, development, crystallization and recommendation of publicpolicy alternatives in the field of education.
(iii) Provide aclearinghouse of information on matters relating to educational programs andhow they are being met in different places throughout the nation, so that theexecutive and legislative branches of state government and of local communitiesmay have ready access to the experience and record of the entire country, andso that both lay and professional groups in the field of education may haveadditional avenues for the sharing of experience and the interchange of ideasin the formation of public policy in education.
(iv) Facilitate theimprovement of state and local educational systems so that all of them will beable to meet adequate and desirable goals in a society which requirescontinuous qualitative and quantitative advance in educational opportunities,methods and facilities.
(b) It is the policy ofthis compact to encourage and promote local and state initiative in thedevelopment, maintenance, improvement and administration of educational systemsand institutions in a manner which will accord with the needs and advantages ofdiversity among localities and states.
(c) The party statesrecognize that each of them has an interest in the quality and quantity ofeducation furnished in each of the other states, as well as in the excellenceof its own educational systems and institutions, because of the highly mobilecharacter of individuals within the nation, and because the products andservices contributing to the health, welfare and economic advancement of eachstate are supplied in significant part by persons educated in other states.
Article II
As used in the compact, "state"means a state, territory or possession of the United States, the District ofColumbia, or the Commonwealth of Puerto Rico.
ArticleIII
(a) The educationcommission of the states, hereinafter called "the commission", ishereby established. The commission shall consist of seven (7) membersrepresenting each party state. One (1) of such members shall be the governor;two (2) shall be members of the state legislature selected by its respectivehouses and serving in such manner as the legislature may determine, Wyoming'slegislative members are to be appointed one (1) by the president of the senateand one (1) by the speaker of the house; and four (4) shall be appointed by thegovernor and may be removed by the governor as provided in W.S. 9-1-202. Ifthe laws of a state prevent legislators from serving on the commission, six (6)members shall be appointed and serve at the pleasure of the governor, unlessthe laws of the state otherwise provide. In addition to any other principlesor requirements which a state may establish for the appointment and service ofits members of the commission, the guiding principle for the composition of themembership on the commission from each party state shall be that the membersrepresenting such state shall, by virtue of their training, experience,knowledge or affiliations be in a position collectively to reflect broadly theinterests of the state government, higher education, the state educationsystem, local education, lay and professional, public and nonpublic educationalleadership. Of those appointees, one (1) shall be the head of a state agencyor institution, designated by the governor, having responsibility for one (1)or more programs of public education. In addition to the members of thecommission representing the party states, there may be not to exceed ten (10)nonvoting commissioners selected by the steering committee for terms of one (1)year. Such commissioners shall represent leading national organizations ofprofessional educators or persons concerned with educational administration.
(b) The members of thecommission shall be entitled to one (1) vote each on the commission. No actionof the commission shall be binding unless taken at a meeting at which amajority of the total number of votes on the commission are cast in favorthereof. Action of the commission shall be only at meetings at which amajority of the commissioners are present. The commission shall meet at leastonce a year. In its bylaws, and subject to such directions and limitations asmay be contained therein, the commission may delegate the exercise of any ofits powers to the steering committee or the executive director, except for thepower to approve budgets or requests for appropriations, the power to makepolicy recommendations pursuant to article IV and adoption of the annual reportpursuant to subsection (k) of this article.
(c) The commissionshall have a seal.
(d) The commissionshall elect annually, from among its members, a chairman, who shall be agovernor, a vice-chairman and a treasurer. The commission shall provide forthe appointment of an executive director. Such executive director shall serveat the pleasure of the commission, and together with the treasurer and suchother personnel as the commission may deem appropriate shall be bonded in suchamount as the commission shall determine. The executive director shall besecretary.
(e) Irrespective of thecivil service, personnel or other merit system laws of any of the party states,the executive director subject to the approval of the steering committee shallappoint, remove or discharge such personnel as may be necessary for theperformance of the functions of the commission, and shall fix the duties andcompensation of such personnel. The commission in its bylaws shall provide forthe personnel policies and programs of the commission.
(f) The commission mayborrow, accept or contract for the services of personnel from any partyjurisdiction, the United States, or any subdivision or agency of theaforementioned governments, or from any agency of two (2) or more of the partyjurisdictions or their subdivisions.
(g) The commission mayaccept for any of its purposes and functions under this compact any and alldonations, and grants of money, equipment, supplies, materials and services,conditional or otherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association, foundation, orcorporation, and may receive, utilize and dispose of the same. Any donation orgrant accepted by the commission pursuant to this paragraph or servicesborrowed pursuant to paragraph (f) of this article shall be reported in theannual report of the commission. Such report shall include the nature, amountand conditions, if any, of the donation, grant, or services borrowed, and theidentity of the donor or lender.
(h) The commission mayestablish and maintain such facilities as may be necessary for the transactingof its business. The commission may acquire, hold, and convey real andpersonal property and any interest therein.
(j) The commission shalladopt bylaws for the conduct of its business and shall have the power to amendand rescind these bylaws. The commission shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentthereto, with appropriate agency or officer in each of the party states.
(k) The commissionannually shall make to the governor and legislature of each party state areport covering the activities of the commission for the preceding year. Thecommission may make such additional reports as it may deem desirable.
Article IV
(a) In addition toauthority conferred on the commission by other provisions of the compact, thecommission shall have authority to:
(i) Collect, correlate,analyze and interpret information and data concerning educational needs andresources.
(ii) Encourage andfoster research in all aspects of education, but with special reference to thedesirable scope of instruction, organization, administration, and instructionalmethods and standards employed or suitable for employment in public educationalsystems.
(iii) Develop proposalsfor adequate financing of education as a whole and at each of its many levels.
(iv) Conduct orparticipate in research of the types referred to in this article in anyinstance where the commission finds that such research is necessary for theadvancement of the purposes and policies of this compact, utilizing fully theresources of national associations, regional compact organizations for highereducation, and other agencies and institutions, both public and private.
(v) Formulate suggestedpolicies and plans for the improvement of public education as a whole, or forany segment thereof, and make recommendations with respect thereto available tothe appropriate governmental units, agencies and public officials.
(vi) Do such otherthings as may be necessary or incidental to the administration of any of itsauthority or functions pursuant to this compact.
Article V
(a) If the laws of theUnited States specifically so provide, or if administrative provision is madetherefor within the federal government, the United States may be represented onthe commission by not to exceed ten (10) representatives. Any suchrepresentative or representatives of the United States shall be appointed andserve in such manner as may be provided by or pursuant to federal law, and maybe drawn from any one (1) or more branches of the federal government, but nosuch representative shall have a vote on the commission.
(b) The commission mayprovide information and make recommendations to any executive or legislativeagency or officer of the federal government concerning the common educationalpolicies of the states, and may advise with any such agencies or officersconcerning any matter of mutual interest.
Article VI
(a) To assist in theexpeditious conduct of its business when the full commission is not meeting,the commission shall elect a steering committee of thirty-two (32) memberswhich, subject to the provisions of this compact and consistent with thepolicies of the commission, shall be constituted and function as provided inthe bylaws of the commission. One-fourth of the voting membership of thesteering committee shall consist of governors, one-fourth shall consist oflegislators, and the remainder shall consist of other members of thecommission. A federal representative on the commission may serve with thesteering committee, but without vote. The voting members of the steeringcommittee shall serve for terms of two (2) years, except that members electedto the first steering committee of the commission shall be elected as follows:sixteen (16) for one (1) year and sixteen (16) for two (2) years. Thechairman, vice-chairman, and treasurer of the commission shall be members of thesteering committee and, anything in this paragraph to the contrarynotwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, butthe commission at its next regularly ensuing meeting following the occurrenceof any vacancy shall fill it for the unexpired term. No person shall servemore than two (2) terms as a member of the steering committee; provided thatservice for a partial term of one (1) year or less shall not be counted towardsthe two (2) term limitation.
(b) The commission mayestablish advisory and technical committees composed of state, local, andfederal officials, and private persons to advise it with respect to any one (1)or more of its functions. Any advisory or technical committee may, on requestof the states concerned, be established to consider any matter of specialconcern to two (2) or more of the party states.
(c) The commission mayestablish such additional committees as its bylaws may provide.
Article VII
(a) The commissionshall advise the governor or designated officer or officers of each party stateof its budget and estimated expenditures for such period as may be required bythe laws of that party state. Each of the commission's budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states.
(b) The total amount ofappropriation requests under any budget shall be apportioned among the partystates. In making such apportionment, the commission shall devise and employ aformula which takes equitable account of the populations and per capita incomelevels of the party states.
(c) The commissionshall not pledge the credit of any party states. The commission may meet anyof its obligations in whole or in part with funds available to it pursuant toarticle III(g) of this compact, provided that the commission takes specificaction setting aside such funds prior to incurring an obligation to be met inwhole or in part in such manner. Except where the commission makes use offunds available to it pursuant to article III (g) thereof, the commission shallnot incur any obligation prior to the allotment of funds by the party statesadequate to meet the same.
(d) The commissionshall keep accurate accounts of all receipts and disbursements. The receiptsand disbursements of the commission shall be subject to the audit andaccounting procedures established by its bylaws. However, all receipts anddisbursements of funds handled by the commission shall be audited yearly by aqualified public accountant, and the report of the audit shall be included inand become part of the annual reports of the commission.
(e) The accounts of thecommission shall be open at any reasonable time for inspection by dulyconstituted officers of the party states and by any persons authorized by thecommission.
(f) Nothing containedherein shall be construed to prevent commission compliance with laws relatingto audit or inspection of accounts by or on behalf of any governmentcontributing to the support of the commission.
Article VIII
(a) This compact shallhave as eligible parties all states, territories, and possessions of the UnitedStates, the District of Columbia, and the commonwealth of Puerto Rico. Inrespect of any such jurisdiction not having a governor, the term"governor", as used in this compact, shall mean the closestequivalent official of such jurisdiction.
(b) Any state or othereligible jurisdiction may enter into this compact and it shall become bindingthereon when it has adopted the same; provided that in order to enter intoinitial effect, adoption by at least ten (10) eligible party jurisdictionsshall be required.
(c) Adoption of thecompact may be either by enactment thereof or by adherence thereto by thegovernor; provided that in the absence of enactment adherence by the governorshall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact throughgubernatorial action, the governor shall appoint those persons who, in additionto himself, shall serve as the members of the commission from his state, andshall provide to the commission an equitable share of the financial support ofthe commission from any source available to him.
(d) Except for awithdrawal effective on December 31, 1967, in accordance with paragraph (c) ofthis article, any party state may withdraw from this compact by enacting astatute repealing the same. No withdrawal shall affect any liability alreadyincurred by or chargeable to a party state prior to the time of suchwithdrawal.
Article IX
This compact shall be liberally construedso as to effectuate the purposes thereof. The provisions of this compact shallbe severable and if any phrase, clause, sentence or provision of this compactis declared to be contrary to the constitution of any state or of the UnitedStates, or the application thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the state affected as to all severable matters.
21-16-302. Filing copies of commission's reports and bylaws.
The report requiredunder article III(k) of W.S. 21-16-301 shall be filed with the governor and thejoint education interim committee of the legislature. Pursuant to articleIII(j) of the compact, the commission shall file a copy of its bylaws and anyamendment thereto with the secretary of state of the state of Wyoming.
ARTICLE 4 - HIGHER EDUCATION COUNCIL
21-16-401. Repealed by Laws 1978, ch. 4, 2.
21-16-402. Repealed by Laws 1978, ch. 4, 2.
21-16-403. Repealed by Laws 1978, ch. 4, 2.
21-16-404. Repealed by Laws 1978, ch. 4, 2.
21-16-405. Repealed by Laws 1978, ch. 4, 2.
ARTICLE 5 - ADVANCE PAYMENT OF HIGHER EDUCATION COSTS
21-16-501. Definitions.
(a) As used in this article:
(i) "Advance payment contract" means a contractentered into by the program administrator and a purchaser pursuant to thisarticle to provide for the higher education of a beneficiary;
(ii) "Beneficiary" means the individual designatedwithin the advance payment contract to receive tuition, room and board ortuition only at a state institution of higher education;
(iii) "Institution of higher education" means theUniversity of Wyoming and the seven (7) community colleges within Wyoming;
(iv) "Program administrator" means the deputytreasurer of the University of Wyoming board of trustees;
(v) "Purchaser" means an individual obligated to makean advance payment of tuition, room and board or tuition only costs on behalfof a beneficiary pursuant to an advance payment contract;
(vi) "Room and board costs" means the amount assessedfor lodging and regularly scheduled meals provided to students pursuant to acontract for room and board with an institution of higher education;
(vii) "Tuition costs" means the amount assessed forfull time enrollment at an institution of higher education including mandatoryfees imposed upon all full time students as a condition of enrollment.
21-16-502. Advance payment contract.
(a) In accordance with rules and regulations adopted under thisarticle and at the discretion of the program administrator, the state treasurerand the executive director of the Wyoming community college commission, actingjointly, the program administrator may enter into a contract with a purchaserfor the advance payment of tuition, room and board or tuition only costs onbehalf of a beneficiary for attendance at one (1) or a combination ofinstitutions of higher education, without further tuition, room and board ortuition only costs to the beneficiary. A contract entered into under thissubsection is subject to determination of residency status by the appropriateinstitution of higher education. Except as provided under subsection (b) ofthis section, benefits provided under contract shall begin not less thanseventeen (17) years from the beginning date of the first fall academicsemester following the date of payment.
(b) Notwithstanding subsection (a) of this section, benefitsprovided under contract may commence within a period less than seventeen (17)years but not less than ten (10) years from the beginning date of the firstfall academic semester following the date of payment. The one (1) time advancepayment required under a contract providing for a reduced time limitation onthe use of contract benefits pursuant to this subsection shall be subject tointerest compounded annually at the rate of ten percent (10%) for the period oftime the contract is reduced below seventeen (17) years, payable at the time ofadvance payment. The amount of the one (1) time advance payment together withinterest paid under this subsection shall be refunded upon termination ormodification of the contract pursuant to W.S. 21-16-504. Any investmentearnings accruing to a contract under this subsection is not refundable.
(c) The advance payment contract shall specify one (1) of thepayment options specified under this subsection to be required from thepurchaser on behalf of the beneficiary. The one (1) time advance payment shallbe made in cash or cash equivalents at the time the contract is signed. Theprogram administrator shall annually determine the amount of the one (1) timeadvance payment for each of the following payment options:
(i) Not to exceed four (4) academic semesters of residenttuition, room and board at any community college located within Wyoming;
(ii) Not to exceed four (4) academic semesters of nonresidenttuition, room and board at any community college located within Wyoming;
(iii) Not to exceed ten (10) academic semesters of residenttuition, room and board at the University of Wyoming or a combination of acommunity college within the state and the University of Wyoming;
(iv) Not to exceed ten (10) academic semesters of nonresidenttuition, room and board at the University of Wyoming or a combination of acommunity college within the state and the University of Wyoming;
(v) Not to exceed four (4) academic semesters of residenttuition at any community college located within Wyoming;
(vi) Not to exceed four (4) academic semesters of nonresidenttuition at any community college located within Wyoming;
(vii) Not to exceed ten (10) academic semesters of residenttuition at the University of Wyoming or a combination of a community collegelocated within Wyoming and the University of Wyoming; or
(viii) Not to exceed ten (10) academic semesters of nonresidenttuition at the University of Wyoming or a combination of a community collegelocated within Wyoming and the University of Wyoming.
(d) The advance payment contract shall prohibit payment of andthe program administrator shall not pay a tuition benefit in excess of residenttuition costs if the:
(i) Purchaser entered into the advance payment contract underan option specified by paragraph (c)(i) or (iii) of this section; or
(ii) Beneficiary is determined a resident for tuition purposesby the appropriate institution of higher education at the time of enrollmentand the purchaser entered into the advance payment contract under an optionspecified by paragraph (c)(ii) or (iv) of this section.
(e) The program administrator shall make necessary arrangementswith the appropriate institution of higher education to fulfill his obligationunder the advance payment contract. An institution of higher education shalladmit the beneficiary of the contract if he otherwise qualifies for admission. This section and any advance payment contract entered into pursuant to thisarticle shall not guarantee that the beneficiary will:
(i) Be admitted to an institution of higher education;
(ii) If admitted, be determined a resident for tuition purposesby the appropriate institution of higher education;
(iii) Be allowed to continue attendance at an institution ofhigher education following admission; or
(iv) Graduate from an institution of higher education.
(f) An advance payment contract shall not be sold or otherwisetransferred by the purchaser or beneficiary. Subject to rules and regulationsadopted pursuant to this article, the purchaser may substitute anotherindividual for the beneficiary originally named in the contract.
21-16-503. Disposition and investment of advance payments; payment toinstitutions of higher education; administrative costs.
(a) The program administrator shall deposit payments receivedunder this article into an account within the University of Wyoming permanentendowment fund and shall account for each payment required from a purchaser onbehalf of a beneficiary pursuant to the advance payment contract. All moneydeposited and accounted for pursuant to this article shall be invested by theprogram administrator in the manner provided for investment of other Universityof Wyoming funds. The program administrator, the state treasurer and theexecutive director of the Wyoming community college commission shall everythree (3) months review investments made pursuant to this subsection and shallannually report to the joint appropriations interim committee and the jointeducation interim committee on the financial condition of the account and theinvestment portfolio.
(b) Expenditures from the account established under subsection(a) of this section shall be for payments to institutions of higher educationon behalf of beneficiaries, payments of refunds and direct payment of benefitsin accordance with W.S. 21-16-504 and for costs of administering this article. Administration fees shall be specified by contract and shall not exceed twopercent (2%) of investment earnings accruing to the account.
(c) The program administrator shall establish a schedule forpayment to institutions of higher education of the tuition, room and board ortuition only costs on behalf of beneficiaries. Payment under this subsectionshall not begin until the beneficiary applies to and is accepted by theinstitution of higher education. Upon completion or termination of an advancepayment contract, the remaining balance of principal and investment earningsaccruing to the contract shall be credited to the account established undersubsection (a) of this section.
21-16-504. Refund of advance payment; conditions; direct payment ofbenefits.
(a) If the beneficiary dies, is not admitted to an institutionof higher education following proper application, elects to not attend aninstitution of higher education or if attending, elects to discontinue highereducation or for any other circumstance approved by the program administratordoes not exercise his rights under the advance payment contract, the programadministrator shall terminate or modify the contract and except as providedunder W.S. 21-16-502(b), refund to the purchaser, to any person designated bythe purchaser by contract or to the legal representative of the purchaser, theamount of the one (1) time advance payment together with interest compoundedannually at the rate of four percent (4%). A purchaser or other qualifiedperson may request a refund in accordance with this subsection at any timefollowing the one (1) time advance payment. The amount of refund payable underthis subsection shall be proportionately reduced for each academic semester thebeneficiary attends an institution of higher education.
(b) If the beneficiary qualifies for benefit entitlement underprovisions of the advance payment contract, is admitted to an institution ofhigher education and receives additional financial or other assistance fortuition, room or board costs or elects not to contract for room and board withthe institution of higher education, the parties to the contract may providefor the direct payment of tuition, room and board or tuition only costs to thebeneficiary. The manner and amount of direct payment under this subsectionshall be determined in accordance with rules and regulations adopted under thisarticle.
21-16-505. Rules and regulations.
(a) Rules and regulations necessary to administer this articleshall be promulgated jointly by the program administrator, the state treasurerand the executive director of the Wyoming community college commission andapproved by both a majority vote of the University of Wyoming board of trusteesand a majority vote of the Wyoming community college commission. Rules andregulations adopted pursuant to this section shall include policies andprocedures governing the:
(i) Receipt of payments from purchasers on behalf ofbeneficiaries;
(ii) Accounting and reporting to purchasers of paymentsdeposited and invested in accordance with this article;
(iii) Period of time during which the beneficiary may receivebenefits under the contract;
(iv) Terms and conditions under which contracts may beterminated or modified, refunds may be granted and direct payment of benefitsmay be made pursuant to W.S. 21-16-504;
(v) Provision of contract benefits at institutions of highereducation;
(vi) Payment to institutions of higher education on behalf ofbeneficiaries;
(vii) Imposition of fees to cover costs incurred for theadministration of this article not to exceed the limitation imposed under W.S.21-16-503(b); and
(viii) Other terms, conditions and provisions determined necessaryfor advanced payment contracts and benefits provided under contracts.
ARTICLE 6 - WYOMING EDUCATION PLANNING AND COORDINATIONCOUNCIL
21-16-601. Education planning and coordination council established;membership; terms; compensation; initial terms.
(a) The Wyoming education planning and coordination council isestablished, to consist of the following members:
(i) The governor, who shall serve as council chairman;
(ii) The superintendent of public instruction, who shall serveas council vice-chairman;
(iii) The chairman of the education standing committee of theWyoming state senate;
(iv) The chairman of the education standing committee of theWyoming state house of representatives;
(v) Repealed By Laws 1997, ch. 197, 2.
(vi) The president of the University of Wyoming;
(vii) The executive director of the Wyoming community collegecommission;
(viii) Two (2) state citizens appointed by the governor, each toserve one (1) four (4) year term;
(ix) One (1) member of the Wyoming legislature from the minorityparty, to be appointed by the minority party caucus;
(x) The president of the Wyoming community college president'scouncil;
(xi) The chairman of the Wyoming communitycollege commission;
(xii) A certified K-12 teacher appointed bythe superintendent of public instruction;
(xiii) The chairman of the state board of education;
(xiv) The president of the Wyoming school boards association;
(xv) The president of the Wyoming association of schooladministrators;
(xvi) The chairman of the Wyoming workforce development councilwithin the governor's office;
(xvii) The president of the University of Wyoming board oftrustees;
(xviii) A University of Wyoming instructor selected by theUniversity of Wyoming board of trustees.
(b) Repealed By Laws 1997, ch. 197, 2.
(c) The council members appointed under paragraph (a)(viii) ofthis section shall receive per diem and travel expenses in the same manner andamount as authorized under W.S. 9-3-102 and 9-3-103 for state employees when onor conducting official council business. The legislative members of the councilunder paragraphs (a)(iii), (iv) and (ix) of this section shall receivecompensation, per diem and travel expenses in the manner and amount prescribedby W.S. 28-5-101.
(iii) Identify issues of importance to Wyoming education andserve as a forum for the discussion and resolution of those issues;
(iv) Collect and disseminate information affecting Wyomingeducation;
(v) Facilitate cooperative arrangements among state educationinstitutions in the sharing of facilities, personnel and technology orotherwise assist in articulation between the institutions;
(vi) Repealed By Laws 1997, ch. 197, 2.
(vii) Enter into agreements with the federal government and serveas the state postsecondary review entity pursuant to section 494A of thefederal Higher Education Act and may promulgate rules and regulations asnecessary to implement provisions of and carry out duties assigned under anysuch agreement.
(b) The council may accept funds from private sources, and tothe extent funds are available to the council through the governor's budget,contract for necessary services. To the greatest extent possible, the councilshall use available resources from the governmental entities represented on thecouncil.
(c) The council shall meet not less than two (2) times eachyear and shall on or before September 1 of each year, advise the jointeducation interim committee of the state legislature of its activities duringthe preceding year.
Thisarticle may be cited as the "Wyoming Higher Education Assistance AuthorityAct."
21-16-702. Definitions.
(a) As used in this article:
(i) "Authority" means the Wyoming higher educationassistance authority;
(ii) "Board" means the board of directors of theauthority;
(iii) "College" means any accredited institutionoffering higher education;
(iv) "Financial institution" means any bankingcorporation or institution engaged primarily in lending or investing funds andauthorized to do business in the state;
(v) "Higher education" means any program, curriculumor combination of courses or subjects generally accepted as necessary tofulfill requirements for the attainment of a predetermined and identified educational,professional or vocational objective higher than graduation from high school;
(vi) "Obligations" means notes, warrants, bonds,temporary bonds and anticipation notes issued by the authority pursuant to thisarticle;
(vii) "State" means the state of Wyoming;
(viii) "State agency" means any office orinstrumentality of the state;
(ix) "Student"means:
(A) Any person who, while a resident of the state, applies to afinancial institution for a student loan and who is enrolled in a college orwhose application for enrollment has been accepted by a college;
(B) Any person who is enrolled in a college located within thestate or whose application for enrollment has been accepted by a collegelocated within the state;
(C) To the extent funding is available after taking intoconsideration the aggregate funding needs of students specified undersubparagraphs (a)(ix)(A) and (B) of this section, any person who is enrolled ina college located outside of this state; or
(D) The parent or legal guardian of a student as defined underthis paragraph.
21-16-703. Wyoming higher education assistance authority; creation;termination; board of directors; composition; compensation; meetings; suretybonds; personal liability; fiscal control.
(a) The Wyoming higher education assistance authority isestablished as a body corporate to operate as a state instrumentality solelyfor the public benefit. The authority shall exist perpetually or untilterminated by law. Unless adequate provision has been made for payment, notermination of the authority shall take effect if the authority has obligationsoutstanding. Upon termination, all rights and properties of the authorityshall pass to and be vested in the state.
(b) The board of directors of the authority is created andshall consist of nine (9) directors as follows:
(i) The governor;
(ii) The state treasurer;
(iii) Seven (7) directors appointed by the governor with theadvice and consent of the senate, not more than four (4) of whom shall be of thesame political party.
(c) Appointed directors shall serve for staggered terms of four(4) years each and shall not serve more than two (2) successive four (4) yearterms. An appointed director may be removed from office by the governorpursuant to W.S. 9-1-202(a) or by a majority vote of the senate. Directorsshall continue in office until their successors are appointed and qualified. If a vacancy occurs, the governor shall in accordance with W.S. 28-12-101,appoint a successor. The board shall select one (1) of its members to serve aschairman and one (1) member to serve as treasurer. Each appointed directorshall receive compensation for each day or part of a day in which engaged inthe performance of their official duties at the same rate provided members ofthe state legislature under W.S. 28-5-101 and shall be reimbursed for actualand necessary expenses incurred in the performance of their official duties.
(d) The board shall determine the date, time, place and methodof notice for all regular meetings of the board. A majority of the directorsconstitutes a quorum for the transaction of any business or the exercise of anypower or function of the authority. All matters shall be decided by a majorityvote of the voting members of the board. Minutes of board meetings shall bekept, maintained and open to members of the public. Public notice of meetingsshall be given prior to the meetings and meetings shall be open to the publicin accordance with W.S. 16-4-401 through 16-4-408. In emergency circumstances,if so determined by two-thirds (2/3) of its members, the board may take actionby conference telephone or similar electronic communications equipment wherebyall persons participating in the meeting can hear each other at the same time. Such action shall be recorded, immediately transcribed as minutes of the boardand notice given of their availability for public review. The finding by theboard that an emergency exists shall be binding and conclusive unless clearlyerroneous.
(e) The authority shall execute and maintain at its expense ablanket surety bond covering each director, the executive director andemployees or other officers of the authority in a penal sum of two hundredfifty thousand dollars ($250,000.00). The directors, the executive director,employees or any other person executing obligations shall not be subject to anypersonal liability by reason of their issuance.
21-16-704. Executive director; employment of additional personnel;compensation.
21-16-102. Renumbered as 21-16-113 By Laws 1994, ch. 69, 2.
21-16-103. Repealed By Laws 1996, ch. 118, 3.
21-16-104. Repealed By Laws 1996, ch. 118, 3.
21-16-105. Repealed By Laws 1996, ch. 118, 3.
21-16-106. Repealed By Laws 1996, ch. 118, 3.
21-16-107. Repealed By Laws 1996, ch. 118, 3.
21-16-108. Repealed By Laws 1996, ch. 118, 3.
21-16-109. Repealed By Laws 1996, ch. 118, 3.
21-16-110. Repealed By Laws 1996, ch. 118, 3.
21-16-111. Repealed By Laws 1996, ch. 118, 3.
21-16-112. Repealed By Laws 1996, ch. 118, 3.
21-16-113. Investment in insured, guaranteed or other higher educationloans.
Thestate treasurer with the approval of the governor and the advice of theattorney general may enter into standby commitment agreements for acommercially reasonable fee with any Wyoming nonprofit corporation organized toacquire guaranteed, or insured and other higher education loans in which thestate of Wyoming will agree to purchase loans held by the nonprofit corporationat any time the corporation is unable to pay interest on or principal of any ofits outstanding bonds on any regularly scheduled interest or principal paymentdate, or at maturity, whether by acceleration, redemption or otherwise. One(1) condition of the agreement shall be that the loan program is designed for statewideparticipation and benefits. If the commitment is incurred, the investmentshall be made from the Wyoming permanent mineral trust fund or permanent landfund and, when combined with investments under W.S. 21-16-714, shall not exceedone hundred seventy-five million dollars ($175,000,000.00). In case of sales ofloans, the nonprofit corporation shall as consideration for the sale retain theresponsibility for collection and procedural processing of the loans at itssole expense with the exception of the servicing fees set forth in the standbycommitment agreement. In no case shall the state administer loans purchasedfrom the Wyoming nonprofit corporation. The portion of any payment reflectinga return of corpus shall be credited to the permanent mineral trust fund orpermanent land fund and the balance of the payment shall be credited to thegeneral fund or the permanent land income fund as applicable.
ARTICLE 2 - WESTERN REGIONAL HIGHER EDUCATION COMPACT
21-16-201. Ratification.
Thelegislature of the state of Wyoming hereby approves, ratifies and adopts the"Western Regional Higher Education Compact", approved by the westerngovernors conference meeting at Denver, Colorado on November 10, 1950, whichcompact is as follows:
ArticleI
Whereas, the future of this nation and ofthe western states is dependent upon the quality of the education of its youth;and
Whereas, many of the western statesindividually do not have sufficient numbers of potential students to warrantthe establishment and maintenance within their borders of adequate facilitiesin all of the essential fields of technical, professional, and graduatetraining, nor do all of the states have the financial ability to furnish withintheir borders institutions capable of providing acceptable standards oftraining in all of the fields mentioned above; and
Whereas, it is believed that the westernstates, or groups of such states within the region, cooperatively can provideacceptable and efficient educational facilities to meet the needs of the regionand of the students thereof:
Now, therefore, the states of Arizona,California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,Washington, and Wyoming, and the territories of Alaska and Hawaii do herebycovenant and agree as follows:
ArticleII
Each of the compacting states andterritories pledges to each of the other compacting states and territoriesfaithful cooperation in carrying out all the purposes of this compact.
ArticleIII
The compacting states and territorieshereby create the western interstate commission for higher education,hereinafter called the commission. Said commission shall be a body corporateof each compacting state and territory and an agency thereof. The commissionshall have all the powers and duties set forth herein, including the power tosue and be sued, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states andterritories.
ArticleIV
(a) The commission shallconsist of three (3) resident members from each compacting state or territory. At all times one (1) commissioner from each compacting state or territory shallbe an educator engaged in the field of higher education in the state orterritory for which he is appointed.
(b) The commissionersfrom each state and territory shall be appointed by the governor thereof asprovided by law in such state or territory. Any commissioner may be removed orsuspended from office as provided by law of the state or territory from whichhe shall have been appointed. The terms of each commissioner shall be four (4)years; provided however that the first three (3) commissioners shall beappointed as follows: one (1) for two (2) years, one (1) for three (3) years,and one (1) for four (4) years. Each commissioner shall hold office until hissuccessor shall be appointed and qualified. If any office becomes vacant forany reason, the governor shall appoint a commissioner to fill the office forthe remainder of the unexpired term.
Article V
(a) Any businesstransacted at any meeting of the commission must be by affirmative vote of amajority of the whole number of compacting states and territories.
(b) One (1) or morecommissioners from a majority of the compacting states and territories shallconstitute a quorum for the transaction of business.
(c) Each compactingstate and territory represented at any meeting of the commission is entitled toone (1) vote.
Article VI
(a) The commissionshall elect from its number a chairman and a vice chairman, and may appoint,and at its pleasure dismiss or remove, such officers, agents, and employees asmay be required to carry out the purpose of this compact; and shall fix anddetermine their duties, qualifications and compensation, having due regard forthe importance of the responsibilities involved.
(b) The commissionersshall serve without compensation, but shall be reimbursed for their actual andnecessary expenses from the funds of the commission.
Article VII
(a) The commissionshall adopt a seal and bylaws and shall adopt and promulgate rules andregulations for its management and control.
(b) The commission mayelect such committees as it deems necessary for the carrying out of itsfunctions.
(c) The commissionshall establish and maintain an office within one (1) of the compacting statesfor the transaction of its business and may meet at any time but in any eventmust meet at least once a year. The chairmen may call such additional meetingsand upon the request of a majority of the commissioners of three (3) or morecompacting states or territories shall call additional meetings.
(d) The commissionshall submit a budget to the governor of each compacting state and territory atsuch time and for such period as may be required.
(e) The commissionshall, after negotiations with interested institutions, determine the cost ofproviding the facilities for graduate and professional education for use in itscontractual agreements throughout the region.
(f) On or before thefifteenth day of January of each year, the commission shall submit to thegovernors and legislatures of the compacting states and territories a report ofits activities for the preceding calendar year.
(g) The commissionshall keep accurate books of account, showing in full its receipts anddisbursements, and said books of account shall be open at any reasonable timefor inspection by the governor of any compacting state or territory or hisdesignated representative. The commission shall not be subject to the auditand accounting procedure of any of the compacting states or territories. Thecommission shall provide for an independent annual audit.
Article VIII
(a) It shall be theduty of the commission to enter into such contractual agreements with anyinstitutions in the region offering graduate or professional education and withany of the compacting states or territories as may be required in the judgmentof the commission to provide adequate services and facilities of graduate andprofessional education for the citizens of the respective compacting states orterritories. The commission shall first endeavor to provide adequate servicesand facilities in the fields of dentistry, medicine, public health, andveterinary medicine, and may undertake similar activities in other professionaland graduate fields.
(b) For this purposethe commission may enter into contractual agreements:
(i) With the governingauthority of any educational institution in the region, or with any compactingstate or territory, to provide such graduate or professional educationalservices upon terms and conditions to be agreed upon between contractingparties; and
(ii) With the governingauthority of any educational institution in the region or with any compactingstate or territory to assist in the placement of graduate or professionalstudents in educational institutions in the region providing the desiredservices and facilities, upon such terms and conditions as the commission mayprescribe.
(c) It shall be theduty of the commission to undertake studies of needs for professional andgraduate educational facilities in the region, the resources for meeting suchneeds, and the long-range effects of the compact on higher education; and fromtime to time to prepare comprehensive reports on such research for presentationto the western governor's conference and to the legislatures of the compactingstates and territories. In conducting such studies the commission may conferwith any national or regional planning body which may be established. Thecommission shall draft and recommend to the governors of the various compactingstates and territories, uniform legislation dealing with problems of highereducation in the region.
(d) For the purposes ofthis compact the word "region" shall be construed to mean thegeographical limits of the several compacting states and territories.
Article IX
The operating costs of the commission shallbe apportioned equally among the compacting states and territories.
ArticleX
This compact shall become operative andbinding immediately as to those states and territories adopting it wheneverfive (5) or more of the states or territories of Arizona, California, Colorado,Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska,and Hawaii have duly adopted it prior to July 1, 1953. This compact shallbecome effective as to any additional states or territories adopting thereafterat the time of such adoption.
ArticleXI
This compact may be terminated at any timeby consent of a majority of the compacting states or territories. Consentshall be manifested by passage and signature in the usual manner of legislationexpressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means ofappropriate legislation to that end. Such withdrawal shall not becomeeffective until two (2) years after written notice thereof by the governor ofthe withdrawing state or territory accompanied by a certified copy of therequisite legislative action as received by the commission. Such withdrawalshall not relieve the withdrawing state or territory from its obligationhereunder accruing prior to the effective date of withdrawal. The withdrawingstate or territory may rescind its action of withdrawal at any time within thetwo (2) year period. Thereafter, the withdrawing state or territory may bereinstated by application to and the approval by a majority vote of the commission.
ArticleXII
(a) If any compactingstate or territory shall at any time default in the performance of any of itsobligations assumed or imposed in accordance with the provisions of thiscompact, all rights, privileges and benefits conferred by this compact oragreements hereunder shall be suspended from the effective date of such defaultas fixed by the commission.
(b) Unless such defaultshall be remedied within a period of two (2) years following the effective dateof such default, this compact may be terminated with respect to such defaultingstate or territory by affirmative vote of three-fourths of the other memberstates or territories.
(c) Any such defaultingstate may be reinstated by:
(i) Performing all actsand obligations upon which it has heretofore defaulted; and
(ii) Application to and the approval by a majority vote of the commission.
21-16-202. When binding; notice of ratification; power of governor toappoint commissioners; powers of commissioners generally; appropriation ofmonies.
(a) The compact shall become operative and binding at the timeprovided, and in accordance with article X of the compact. The governor ofWyoming shall give notice of the approval, ratification and adoption of thecompact by the legislature of the state of Wyoming, to the governors of each ofthe states and territories named in article X of the compact. The governorshall appoint the commissioners for which provision is made in the compact andthe commissioners shall have the power and authority specified in the compact,and such other power and authority as may hereafter be prescribed by law.
(b) In addition to those powers granted to the commissioners inthe compact, the commissioners are directed and empowered:
(i) To control and authorize the expenditure of any fundsappropriated for carrying out the provisions of the compact;
(ii) To ratify any contracts entered into by the westerninterstate commission for higher education or its officers which are deemed tobe in the best interest of the state of Wyoming and its qualified students; and
(iii) To impose residency requirements on admission to compactprograms. Applicants may appeal any admission decisions rendered pursuant tothis paragraph directly to the commission.
(c) All monies appropriated for the purposes of the compactshall be appropriated to the board of trustees of the University of Wyoming foradministration as directed by the commissioners.
ARTICLE 3 - INTERSTATE COMPACT FOR EDUCATION
21-16-301. Generally.
TheInterstate Compact for Education is hereby enacted into law and entered into bythis state with all states legally joining herein in the form substantially asfollows:
COMPACTFOR EDUCATION
ArticleI
(a) It is the purposeof this compact to:
(i) Establish andmaintain close cooperation and understanding among executive, legislative,professional, educational and lay leadership on a nationwide basis at the stateand local levels.
(ii) Provide a forumfor the discussion, development, crystallization and recommendation of publicpolicy alternatives in the field of education.
(iii) Provide aclearinghouse of information on matters relating to educational programs andhow they are being met in different places throughout the nation, so that theexecutive and legislative branches of state government and of local communitiesmay have ready access to the experience and record of the entire country, andso that both lay and professional groups in the field of education may haveadditional avenues for the sharing of experience and the interchange of ideasin the formation of public policy in education.
(iv) Facilitate theimprovement of state and local educational systems so that all of them will beable to meet adequate and desirable goals in a society which requirescontinuous qualitative and quantitative advance in educational opportunities,methods and facilities.
(b) It is the policy ofthis compact to encourage and promote local and state initiative in thedevelopment, maintenance, improvement and administration of educational systemsand institutions in a manner which will accord with the needs and advantages ofdiversity among localities and states.
(c) The party statesrecognize that each of them has an interest in the quality and quantity ofeducation furnished in each of the other states, as well as in the excellenceof its own educational systems and institutions, because of the highly mobilecharacter of individuals within the nation, and because the products andservices contributing to the health, welfare and economic advancement of eachstate are supplied in significant part by persons educated in other states.
Article II
As used in the compact, "state"means a state, territory or possession of the United States, the District ofColumbia, or the Commonwealth of Puerto Rico.
ArticleIII
(a) The educationcommission of the states, hereinafter called "the commission", ishereby established. The commission shall consist of seven (7) membersrepresenting each party state. One (1) of such members shall be the governor;two (2) shall be members of the state legislature selected by its respectivehouses and serving in such manner as the legislature may determine, Wyoming'slegislative members are to be appointed one (1) by the president of the senateand one (1) by the speaker of the house; and four (4) shall be appointed by thegovernor and may be removed by the governor as provided in W.S. 9-1-202. Ifthe laws of a state prevent legislators from serving on the commission, six (6)members shall be appointed and serve at the pleasure of the governor, unlessthe laws of the state otherwise provide. In addition to any other principlesor requirements which a state may establish for the appointment and service ofits members of the commission, the guiding principle for the composition of themembership on the commission from each party state shall be that the membersrepresenting such state shall, by virtue of their training, experience,knowledge or affiliations be in a position collectively to reflect broadly theinterests of the state government, higher education, the state educationsystem, local education, lay and professional, public and nonpublic educationalleadership. Of those appointees, one (1) shall be the head of a state agencyor institution, designated by the governor, having responsibility for one (1)or more programs of public education. In addition to the members of thecommission representing the party states, there may be not to exceed ten (10)nonvoting commissioners selected by the steering committee for terms of one (1)year. Such commissioners shall represent leading national organizations ofprofessional educators or persons concerned with educational administration.
(b) The members of thecommission shall be entitled to one (1) vote each on the commission. No actionof the commission shall be binding unless taken at a meeting at which amajority of the total number of votes on the commission are cast in favorthereof. Action of the commission shall be only at meetings at which amajority of the commissioners are present. The commission shall meet at leastonce a year. In its bylaws, and subject to such directions and limitations asmay be contained therein, the commission may delegate the exercise of any ofits powers to the steering committee or the executive director, except for thepower to approve budgets or requests for appropriations, the power to makepolicy recommendations pursuant to article IV and adoption of the annual reportpursuant to subsection (k) of this article.
(c) The commissionshall have a seal.
(d) The commissionshall elect annually, from among its members, a chairman, who shall be agovernor, a vice-chairman and a treasurer. The commission shall provide forthe appointment of an executive director. Such executive director shall serveat the pleasure of the commission, and together with the treasurer and suchother personnel as the commission may deem appropriate shall be bonded in suchamount as the commission shall determine. The executive director shall besecretary.
(e) Irrespective of thecivil service, personnel or other merit system laws of any of the party states,the executive director subject to the approval of the steering committee shallappoint, remove or discharge such personnel as may be necessary for theperformance of the functions of the commission, and shall fix the duties andcompensation of such personnel. The commission in its bylaws shall provide forthe personnel policies and programs of the commission.
(f) The commission mayborrow, accept or contract for the services of personnel from any partyjurisdiction, the United States, or any subdivision or agency of theaforementioned governments, or from any agency of two (2) or more of the partyjurisdictions or their subdivisions.
(g) The commission mayaccept for any of its purposes and functions under this compact any and alldonations, and grants of money, equipment, supplies, materials and services,conditional or otherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association, foundation, orcorporation, and may receive, utilize and dispose of the same. Any donation orgrant accepted by the commission pursuant to this paragraph or servicesborrowed pursuant to paragraph (f) of this article shall be reported in theannual report of the commission. Such report shall include the nature, amountand conditions, if any, of the donation, grant, or services borrowed, and theidentity of the donor or lender.
(h) The commission mayestablish and maintain such facilities as may be necessary for the transactingof its business. The commission may acquire, hold, and convey real andpersonal property and any interest therein.
(j) The commission shalladopt bylaws for the conduct of its business and shall have the power to amendand rescind these bylaws. The commission shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentthereto, with appropriate agency or officer in each of the party states.
(k) The commissionannually shall make to the governor and legislature of each party state areport covering the activities of the commission for the preceding year. Thecommission may make such additional reports as it may deem desirable.
Article IV
(a) In addition toauthority conferred on the commission by other provisions of the compact, thecommission shall have authority to:
(i) Collect, correlate,analyze and interpret information and data concerning educational needs andresources.
(ii) Encourage andfoster research in all aspects of education, but with special reference to thedesirable scope of instruction, organization, administration, and instructionalmethods and standards employed or suitable for employment in public educationalsystems.
(iii) Develop proposalsfor adequate financing of education as a whole and at each of its many levels.
(iv) Conduct orparticipate in research of the types referred to in this article in anyinstance where the commission finds that such research is necessary for theadvancement of the purposes and policies of this compact, utilizing fully theresources of national associations, regional compact organizations for highereducation, and other agencies and institutions, both public and private.
(v) Formulate suggestedpolicies and plans for the improvement of public education as a whole, or forany segment thereof, and make recommendations with respect thereto available tothe appropriate governmental units, agencies and public officials.
(vi) Do such otherthings as may be necessary or incidental to the administration of any of itsauthority or functions pursuant to this compact.
Article V
(a) If the laws of theUnited States specifically so provide, or if administrative provision is madetherefor within the federal government, the United States may be represented onthe commission by not to exceed ten (10) representatives. Any suchrepresentative or representatives of the United States shall be appointed andserve in such manner as may be provided by or pursuant to federal law, and maybe drawn from any one (1) or more branches of the federal government, but nosuch representative shall have a vote on the commission.
(b) The commission mayprovide information and make recommendations to any executive or legislativeagency or officer of the federal government concerning the common educationalpolicies of the states, and may advise with any such agencies or officersconcerning any matter of mutual interest.
Article VI
(a) To assist in theexpeditious conduct of its business when the full commission is not meeting,the commission shall elect a steering committee of thirty-two (32) memberswhich, subject to the provisions of this compact and consistent with thepolicies of the commission, shall be constituted and function as provided inthe bylaws of the commission. One-fourth of the voting membership of thesteering committee shall consist of governors, one-fourth shall consist oflegislators, and the remainder shall consist of other members of thecommission. A federal representative on the commission may serve with thesteering committee, but without vote. The voting members of the steeringcommittee shall serve for terms of two (2) years, except that members electedto the first steering committee of the commission shall be elected as follows:sixteen (16) for one (1) year and sixteen (16) for two (2) years. Thechairman, vice-chairman, and treasurer of the commission shall be members of thesteering committee and, anything in this paragraph to the contrarynotwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, butthe commission at its next regularly ensuing meeting following the occurrenceof any vacancy shall fill it for the unexpired term. No person shall servemore than two (2) terms as a member of the steering committee; provided thatservice for a partial term of one (1) year or less shall not be counted towardsthe two (2) term limitation.
(b) The commission mayestablish advisory and technical committees composed of state, local, andfederal officials, and private persons to advise it with respect to any one (1)or more of its functions. Any advisory or technical committee may, on requestof the states concerned, be established to consider any matter of specialconcern to two (2) or more of the party states.
(c) The commission mayestablish such additional committees as its bylaws may provide.
Article VII
(a) The commissionshall advise the governor or designated officer or officers of each party stateof its budget and estimated expenditures for such period as may be required bythe laws of that party state. Each of the commission's budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states.
(b) The total amount ofappropriation requests under any budget shall be apportioned among the partystates. In making such apportionment, the commission shall devise and employ aformula which takes equitable account of the populations and per capita incomelevels of the party states.
(c) The commissionshall not pledge the credit of any party states. The commission may meet anyof its obligations in whole or in part with funds available to it pursuant toarticle III(g) of this compact, provided that the commission takes specificaction setting aside such funds prior to incurring an obligation to be met inwhole or in part in such manner. Except where the commission makes use offunds available to it pursuant to article III (g) thereof, the commission shallnot incur any obligation prior to the allotment of funds by the party statesadequate to meet the same.
(d) The commissionshall keep accurate accounts of all receipts and disbursements. The receiptsand disbursements of the commission shall be subject to the audit andaccounting procedures established by its bylaws. However, all receipts anddisbursements of funds handled by the commission shall be audited yearly by aqualified public accountant, and the report of the audit shall be included inand become part of the annual reports of the commission.
(e) The accounts of thecommission shall be open at any reasonable time for inspection by dulyconstituted officers of the party states and by any persons authorized by thecommission.
(f) Nothing containedherein shall be construed to prevent commission compliance with laws relatingto audit or inspection of accounts by or on behalf of any governmentcontributing to the support of the commission.
Article VIII
(a) This compact shallhave as eligible parties all states, territories, and possessions of the UnitedStates, the District of Columbia, and the commonwealth of Puerto Rico. Inrespect of any such jurisdiction not having a governor, the term"governor", as used in this compact, shall mean the closestequivalent official of such jurisdiction.
(b) Any state or othereligible jurisdiction may enter into this compact and it shall become bindingthereon when it has adopted the same; provided that in order to enter intoinitial effect, adoption by at least ten (10) eligible party jurisdictionsshall be required.
(c) Adoption of thecompact may be either by enactment thereof or by adherence thereto by thegovernor; provided that in the absence of enactment adherence by the governorshall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact throughgubernatorial action, the governor shall appoint those persons who, in additionto himself, shall serve as the members of the commission from his state, andshall provide to the commission an equitable share of the financial support ofthe commission from any source available to him.
(d) Except for awithdrawal effective on December 31, 1967, in accordance with paragraph (c) ofthis article, any party state may withdraw from this compact by enacting astatute repealing the same. No withdrawal shall affect any liability alreadyincurred by or chargeable to a party state prior to the time of suchwithdrawal.
Article IX
This compact shall be liberally construedso as to effectuate the purposes thereof. The provisions of this compact shallbe severable and if any phrase, clause, sentence or provision of this compactis declared to be contrary to the constitution of any state or of the UnitedStates, or the application thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the state affected as to all severable matters.
21-16-302. Filing copies of commission's reports and bylaws.
The report requiredunder article III(k) of W.S. 21-16-301 shall be filed with the governor and thejoint education interim committee of the legislature. Pursuant to articleIII(j) of the compact, the commission shall file a copy of its bylaws and anyamendment thereto with the secretary of state of the state of Wyoming.
ARTICLE 4 - HIGHER EDUCATION COUNCIL
21-16-401. Repealed by Laws 1978, ch. 4, 2.
21-16-402. Repealed by Laws 1978, ch. 4, 2.
21-16-403. Repealed by Laws 1978, ch. 4, 2.
21-16-404. Repealed by Laws 1978, ch. 4, 2.
21-16-405. Repealed by Laws 1978, ch. 4, 2.
ARTICLE 5 - ADVANCE PAYMENT OF HIGHER EDUCATION COSTS
21-16-501. Definitions.
(a) As used in this article:
(i) "Advance payment contract" means a contractentered into by the program administrator and a purchaser pursuant to thisarticle to provide for the higher education of a beneficiary;
(ii) "Beneficiary" means the individual designatedwithin the advance payment contract to receive tuition, room and board ortuition only at a state institution of higher education;
(iii) "Institution of higher education" means theUniversity of Wyoming and the seven (7) community colleges within Wyoming;
(iv) "Program administrator" means the deputytreasurer of the University of Wyoming board of trustees;
(v) "Purchaser" means an individual obligated to makean advance payment of tuition, room and board or tuition only costs on behalfof a beneficiary pursuant to an advance payment contract;
(vi) "Room and board costs" means the amount assessedfor lodging and regularly scheduled meals provided to students pursuant to acontract for room and board with an institution of higher education;
(vii) "Tuition costs" means the amount assessed forfull time enrollment at an institution of higher education including mandatoryfees imposed upon all full time students as a condition of enrollment.
21-16-502. Advance payment contract.
(a) In accordance with rules and regulations adopted under thisarticle and at the discretion of the program administrator, the state treasurerand the executive director of the Wyoming community college commission, actingjointly, the program administrator may enter into a contract with a purchaserfor the advance payment of tuition, room and board or tuition only costs onbehalf of a beneficiary for attendance at one (1) or a combination ofinstitutions of higher education, without further tuition, room and board ortuition only costs to the beneficiary. A contract entered into under thissubsection is subject to determination of residency status by the appropriateinstitution of higher education. Except as provided under subsection (b) ofthis section, benefits provided under contract shall begin not less thanseventeen (17) years from the beginning date of the first fall academicsemester following the date of payment.
(b) Notwithstanding subsection (a) of this section, benefitsprovided under contract may commence within a period less than seventeen (17)years but not less than ten (10) years from the beginning date of the firstfall academic semester following the date of payment. The one (1) time advancepayment required under a contract providing for a reduced time limitation onthe use of contract benefits pursuant to this subsection shall be subject tointerest compounded annually at the rate of ten percent (10%) for the period oftime the contract is reduced below seventeen (17) years, payable at the time ofadvance payment. The amount of the one (1) time advance payment together withinterest paid under this subsection shall be refunded upon termination ormodification of the contract pursuant to W.S. 21-16-504. Any investmentearnings accruing to a contract under this subsection is not refundable.
(c) The advance payment contract shall specify one (1) of thepayment options specified under this subsection to be required from thepurchaser on behalf of the beneficiary. The one (1) time advance payment shallbe made in cash or cash equivalents at the time the contract is signed. Theprogram administrator shall annually determine the amount of the one (1) timeadvance payment for each of the following payment options:
(i) Not to exceed four (4) academic semesters of residenttuition, room and board at any community college located within Wyoming;
(ii) Not to exceed four (4) academic semesters of nonresidenttuition, room and board at any community college located within Wyoming;
(iii) Not to exceed ten (10) academic semesters of residenttuition, room and board at the University of Wyoming or a combination of acommunity college within the state and the University of Wyoming;
(iv) Not to exceed ten (10) academic semesters of nonresidenttuition, room and board at the University of Wyoming or a combination of acommunity college within the state and the University of Wyoming;
(v) Not to exceed four (4) academic semesters of residenttuition at any community college located within Wyoming;
(vi) Not to exceed four (4) academic semesters of nonresidenttuition at any community college located within Wyoming;
(vii) Not to exceed ten (10) academic semesters of residenttuition at the University of Wyoming or a combination of a community collegelocated within Wyoming and the University of Wyoming; or
(viii) Not to exceed ten (10) academic semesters of nonresidenttuition at the University of Wyoming or a combination of a community collegelocated within Wyoming and the University of Wyoming.
(d) The advance payment contract shall prohibit payment of andthe program administrator shall not pay a tuition benefit in excess of residenttuition costs if the:
(i) Purchaser entered into the advance payment contract underan option specified by paragraph (c)(i) or (iii) of this section; or
(ii) Beneficiary is determined a resident for tuition purposesby the appropriate institution of higher education at the time of enrollmentand the purchaser entered into the advance payment contract under an optionspecified by paragraph (c)(ii) or (iv) of this section.
(e) The program administrator shall make necessary arrangementswith the appropriate institution of higher education to fulfill his obligationunder the advance payment contract. An institution of higher education shalladmit the beneficiary of the contract if he otherwise qualifies for admission. This section and any advance payment contract entered into pursuant to thisarticle shall not guarantee that the beneficiary will:
(i) Be admitted to an institution of higher education;
(ii) If admitted, be determined a resident for tuition purposesby the appropriate institution of higher education;
(iii) Be allowed to continue attendance at an institution ofhigher education following admission; or
(iv) Graduate from an institution of higher education.
(f) An advance payment contract shall not be sold or otherwisetransferred by the purchaser or beneficiary. Subject to rules and regulationsadopted pursuant to this article, the purchaser may substitute anotherindividual for the beneficiary originally named in the contract.
21-16-503. Disposition and investment of advance payments; payment toinstitutions of higher education; administrative costs.
(a) The program administrator shall deposit payments receivedunder this article into an account within the University of Wyoming permanentendowment fund and shall account for each payment required from a purchaser onbehalf of a beneficiary pursuant to the advance payment contract. All moneydeposited and accounted for pursuant to this article shall be invested by theprogram administrator in the manner provided for investment of other Universityof Wyoming funds. The program administrator, the state treasurer and theexecutive director of the Wyoming community college commission shall everythree (3) months review investments made pursuant to this subsection and shallannually report to the joint appropriations interim committee and the jointeducation interim committee on the financial condition of the account and theinvestment portfolio.
(b) Expenditures from the account established under subsection(a) of this section shall be for payments to institutions of higher educationon behalf of beneficiaries, payments of refunds and direct payment of benefitsin accordance with W.S. 21-16-504 and for costs of administering this article. Administration fees shall be specified by contract and shall not exceed twopercent (2%) of investment earnings accruing to the account.
(c) The program administrator shall establish a schedule forpayment to institutions of higher education of the tuition, room and board ortuition only costs on behalf of beneficiaries. Payment under this subsectionshall not begin until the beneficiary applies to and is accepted by theinstitution of higher education. Upon completion or termination of an advancepayment contract, the remaining balance of principal and investment earningsaccruing to the contract shall be credited to the account established undersubsection (a) of this section.
21-16-504. Refund of advance payment; conditions; direct payment ofbenefits.
(a) If the beneficiary dies, is not admitted to an institutionof higher education following proper application, elects to not attend aninstitution of higher education or if attending, elects to discontinue highereducation or for any other circumstance approved by the program administratordoes not exercise his rights under the advance payment contract, the programadministrator shall terminate or modify the contract and except as providedunder W.S. 21-16-502(b), refund to the purchaser, to any person designated bythe purchaser by contract or to the legal representative of the purchaser, theamount of the one (1) time advance payment together with interest compoundedannually at the rate of four percent (4%). A purchaser or other qualifiedperson may request a refund in accordance with this subsection at any timefollowing the one (1) time advance payment. The amount of refund payable underthis subsection shall be proportionately reduced for each academic semester thebeneficiary attends an institution of higher education.
(b) If the beneficiary qualifies for benefit entitlement underprovisions of the advance payment contract, is admitted to an institution ofhigher education and receives additional financial or other assistance fortuition, room or board costs or elects not to contract for room and board withthe institution of higher education, the parties to the contract may providefor the direct payment of tuition, room and board or tuition only costs to thebeneficiary. The manner and amount of direct payment under this subsectionshall be determined in accordance with rules and regulations adopted under thisarticle.
21-16-505. Rules and regulations.
(a) Rules and regulations necessary to administer this articleshall be promulgated jointly by the program administrator, the state treasurerand the executive director of the Wyoming community college commission andapproved by both a majority vote of the University of Wyoming board of trusteesand a majority vote of the Wyoming community college commission. Rules andregulations adopted pursuant to this section shall include policies andprocedures governing the:
(i) Receipt of payments from purchasers on behalf ofbeneficiaries;
(ii) Accounting and reporting to purchasers of paymentsdeposited and invested in accordance with this article;
(iii) Period of time during which the beneficiary may receivebenefits under the contract;
(iv) Terms and conditions under which contracts may beterminated or modified, refunds may be granted and direct payment of benefitsmay be made pursuant to W.S. 21-16-504;
(v) Provision of contract benefits at institutions of highereducation;
(vi) Payment to institutions of higher education on behalf ofbeneficiaries;
(vii) Imposition of fees to cover costs incurred for theadministration of this article not to exceed the limitation imposed under W.S.21-16-503(b); and
(viii) Other terms, conditions and provisions determined necessaryfor advanced payment contracts and benefits provided under contracts.
ARTICLE 6 - WYOMING EDUCATION PLANNING AND COORDINATIONCOUNCIL
21-16-601. Education planning and coordination council established;membership; terms; compensation; initial terms.
(a) The Wyoming education planning and coordination council isestablished, to consist of the following members:
(i) The governor, who shall serve as council chairman;
(ii) The superintendent of public instruction, who shall serveas council vice-chairman;
(iii) The chairman of the education standing committee of theWyoming state senate;
(iv) The chairman of the education standing committee of theWyoming state house of representatives;
(v) Repealed By Laws 1997, ch. 197, 2.
(vi) The president of the University of Wyoming;
(vii) The executive director of the Wyoming community collegecommission;
(viii) Two (2) state citizens appointed by the governor, each toserve one (1) four (4) year term;
(ix) One (1) member of the Wyoming legislature from the minorityparty, to be appointed by the minority party caucus;
(x) The president of the Wyoming community college president'scouncil;
(xi) The chairman of the Wyoming communitycollege commission;
(xii) A certified K-12 teacher appointed bythe superintendent of public instruction;
(xiii) The chairman of the state board of education;
(xiv) The president of the Wyoming school boards association;
(xv) The president of the Wyoming association of schooladministrators;
(xvi) The chairman of the Wyoming workforce development councilwithin the governor's office;
(xvii) The president of the University of Wyoming board oftrustees;
(xviii) A University of Wyoming instructor selected by theUniversity of Wyoming board of trustees.
(b) Repealed By Laws 1997, ch. 197, 2.
(c) The council members appointed under paragraph (a)(viii) ofthis section shall receive per diem and travel expenses in the same manner andamount as authorized under W.S. 9-3-102 and 9-3-103 for state employees when onor conducting official council business. The legislative members of the councilunder paragraphs (a)(iii), (iv) and (ix) of this section shall receivecompensation, per diem and travel expenses in the manner and amount prescribedby W.S. 28-5-101.
(iii) Identify issues of importance to Wyoming education andserve as a forum for the discussion and resolution of those issues;
(iv) Collect and disseminate information affecting Wyomingeducation;
(v) Facilitate cooperative arrangements among state educationinstitutions in the sharing of facilities, personnel and technology orotherwise assist in articulation between the institutions;
(vi) Repealed By Laws 1997, ch. 197, 2.
(vii) Enter into agreements with the federal government and serveas the state postsecondary review entity pursuant to section 494A of thefederal Higher Education Act and may promulgate rules and regulations asnecessary to implement provisions of and carry out duties assigned under anysuch agreement.
(b) The council may accept funds from private sources, and tothe extent funds are available to the council through the governor's budget,contract for necessary services. To the greatest extent possible, the councilshall use available resources from the governmental entities represented on thecouncil.
(c) The council shall meet not less than two (2) times eachyear and shall on or before September 1 of each year, advise the jointeducation interim committee of the state legislature of its activities duringthe preceding year.
Thisarticle may be cited as the "Wyoming Higher Education Assistance AuthorityAct."
21-16-702. Definitions.
(a) As used in this article:
(i) "Authority" means the Wyoming higher educationassistance authority;
(ii) "Board" means the board of directors of theauthority;
(iii) "College" means any accredited institutionoffering higher education;
(iv) "Financial institution" means any bankingcorporation or institution engaged primarily in lending or investing funds andauthorized to do business in the state;
(v) "Higher education" means any program, curriculumor combination of courses or subjects generally accepted as necessary tofulfill requirements for the attainment of a predetermined and identified educational,professional or vocational objective higher than graduation from high school;
(vi) "Obligations" means notes, warrants, bonds,temporary bonds and anticipation notes issued by the authority pursuant to thisarticle;
(vii) "State" means the state of Wyoming;
(viii) "State agency" means any office orinstrumentality of the state;
(ix) "Student"means:
(A) Any person who, while a resident of the state, applies to afinancial institution for a student loan and who is enrolled in a college orwhose application for enrollment has been accepted by a college;
(B) Any person who is enrolled in a college located within thestate or whose application for enrollment has been accepted by a collegelocated within the state;
(C) To the extent funding is available after taking intoconsideration the aggregate funding needs of students specified undersubparagraphs (a)(ix)(A) and (B) of this section, any person who is enrolled ina college located outside of this state; or
(D) The parent or legal guardian of a student as defined underthis paragraph.
21-16-703. Wyoming higher education assistance authority; creation;termination; board of directors; composition; compensation; meetings; suretybonds; personal liability; fiscal control.
(a) The Wyoming higher education assistance authority isestablished as a body corporate to operate as a state instrumentality solelyfor the public benefit. The authority shall exist perpetually or untilterminated by law. Unless adequate provision has been made for payment, notermination of the authority shall take effect if the authority has obligationsoutstanding. Upon termination, all rights and properties of the authorityshall pass to and be vested in the state.
(b) The board of directors of the authority is created andshall consist of nine (9) directors as follows:
(i) The governor;
(ii) The state treasurer;
(iii) Seven (7) directors appointed by the governor with theadvice and consent of the senate, not more than four (4) of whom shall be of thesame political party.
(c) Appointed directors shall serve for staggered terms of four(4) years each and shall not serve more than two (2) successive four (4) yearterms. An appointed director may be removed from office by the governorpursuant to W.S. 9-1-202(a) or by a majority vote of the senate. Directorsshall continue in office until their successors are appointed and qualified. If a vacancy occurs, the governor shall in accordance with W.S. 28-12-101,appoint a successor. The board shall select one (1) of its members to serve aschairman and one (1) member to serve as treasurer. Each appointed directorshall receive compensation for each day or part of a day in which engaged inthe performance of their official duties at the same rate provided members ofthe state legislature under W.S. 28-5-101 and shall be reimbursed for actualand necessary expenses incurred in the performance of their official duties.
(d) The board shall determine the date, time, place and methodof notice for all regular meetings of the board. A majority of the directorsconstitutes a quorum for the transaction of any business or the exercise of anypower or function of the authority. All matters shall be decided by a majorityvote of the voting members of the board. Minutes of board meetings shall bekept, maintained and open to members of the public. Public notice of meetingsshall be given prior to the meetings and meetings shall be open to the publicin accordance with W.S. 16-4-401 through 16-4-408. In emergency circumstances,if so determined by two-thirds (2/3) of its members, the board may take actionby conference telephone or similar electronic communications equipment wherebyall persons participating in the meeting can hear each other at the same time. Such action shall be recorded, immediately transcribed as minutes of the boardand notice given of their availability for public review. The finding by theboard that an emergency exists shall be binding and conclusive unless clearlyerroneous.
(e) The authority shall execute and maintain at its expense ablanket surety bond covering each director, the executive director andemployees or other officers of the authority in a penal sum of two hundredfifty thousand dollars ($250,000.00). The directors, the executive director,employees or any other person executing obligations shall not be subject to anypersonal liability by reason of their issuance.
21-16-704. Executive director; employment of additional personnel;compensation.
21-16-102. Renumbered as 21-16-113 By Laws 1994, ch. 69, 2.
21-16-103. Repealed By Laws 1996, ch. 118, 3.
21-16-104. Repealed By Laws 1996, ch. 118, 3.
21-16-105. Repealed By Laws 1996, ch. 118, 3.
21-16-106. Repealed By Laws 1996, ch. 118, 3.
21-16-107. Repealed By Laws 1996, ch. 118, 3.
21-16-108. Repealed By Laws 1996, ch. 118, 3.
21-16-109. Repealed By Laws 1996, ch. 118, 3.
21-16-110. Repealed By Laws 1996, ch. 118, 3.
21-16-111. Repealed By Laws 1996, ch. 118, 3.
21-16-112. Repealed By Laws 1996, ch. 118, 3.
21-16-113. Investment in insured, guaranteed or other higher educationloans.
Thestate treasurer with the approval of the governor and the advice of theattorney general may enter into standby commitment agreements for acommercially reasonable fee with any Wyoming nonprofit corporation organized toacquire guaranteed, or insured and other higher education loans in which thestate of Wyoming will agree to purchase loans held by the nonprofit corporationat any time the corporation is unable to pay interest on or principal of any ofits outstanding bonds on any regularly scheduled interest or principal paymentdate, or at maturity, whether by acceleration, redemption or otherwise. One(1) condition of the agreement shall be that the loan program is designed for statewideparticipation and benefits. If the commitment is incurred, the investmentshall be made from the Wyoming permanent mineral trust fund or permanent landfund and, when combined with investments under W.S. 21-16-714, shall not exceedone hundred seventy-five million dollars ($175,000,000.00). In case of sales ofloans, the nonprofit corporation shall as consideration for the sale retain theresponsibility for collection and procedural processing of the loans at itssole expense with the exception of the servicing fees set forth in the standbycommitment agreement. In no case shall the state administer loans purchasedfrom the Wyoming nonprofit corporation. The portion of any payment reflectinga return of corpus shall be credited to the permanent mineral trust fund orpermanent land fund and the balance of the payment shall be credited to thegeneral fund or the permanent land income fund as applicable.
ARTICLE 2 - WESTERN REGIONAL HIGHER EDUCATION COMPACT
21-16-201. Ratification.
Thelegislature of the state of Wyoming hereby approves, ratifies and adopts the"Western Regional Higher Education Compact", approved by the westerngovernors conference meeting at Denver, Colorado on November 10, 1950, whichcompact is as follows:
ArticleI
Whereas, the future of this nation and ofthe western states is dependent upon the quality of the education of its youth;and
Whereas, many of the western statesindividually do not have sufficient numbers of potential students to warrantthe establishment and maintenance within their borders of adequate facilitiesin all of the essential fields of technical, professional, and graduatetraining, nor do all of the states have the financial ability to furnish withintheir borders institutions capable of providing acceptable standards oftraining in all of the fields mentioned above; and
Whereas, it is believed that the westernstates, or groups of such states within the region, cooperatively can provideacceptable and efficient educational facilities to meet the needs of the regionand of the students thereof:
Now, therefore, the states of Arizona,California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,Washington, and Wyoming, and the territories of Alaska and Hawaii do herebycovenant and agree as follows:
ArticleII
Each of the compacting states andterritories pledges to each of the other compacting states and territoriesfaithful cooperation in carrying out all the purposes of this compact.
ArticleIII
The compacting states and territorieshereby create the western interstate commission for higher education,hereinafter called the commission. Said commission shall be a body corporateof each compacting state and territory and an agency thereof. The commissionshall have all the powers and duties set forth herein, including the power tosue and be sued, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states andterritories.
ArticleIV
(a) The commission shallconsist of three (3) resident members from each compacting state or territory. At all times one (1) commissioner from each compacting state or territory shallbe an educator engaged in the field of higher education in the state orterritory for which he is appointed.
(b) The commissionersfrom each state and territory shall be appointed by the governor thereof asprovided by law in such state or territory. Any commissioner may be removed orsuspended from office as provided by law of the state or territory from whichhe shall have been appointed. The terms of each commissioner shall be four (4)years; provided however that the first three (3) commissioners shall beappointed as follows: one (1) for two (2) years, one (1) for three (3) years,and one (1) for four (4) years. Each commissioner shall hold office until hissuccessor shall be appointed and qualified. If any office becomes vacant forany reason, the governor shall appoint a commissioner to fill the office forthe remainder of the unexpired term.
Article V
(a) Any businesstransacted at any meeting of the commission must be by affirmative vote of amajority of the whole number of compacting states and territories.
(b) One (1) or morecommissioners from a majority of the compacting states and territories shallconstitute a quorum for the transaction of business.
(c) Each compactingstate and territory represented at any meeting of the commission is entitled toone (1) vote.
Article VI
(a) The commissionshall elect from its number a chairman and a vice chairman, and may appoint,and at its pleasure dismiss or remove, such officers, agents, and employees asmay be required to carry out the purpose of this compact; and shall fix anddetermine their duties, qualifications and compensation, having due regard forthe importance of the responsibilities involved.
(b) The commissionersshall serve without compensation, but shall be reimbursed for their actual andnecessary expenses from the funds of the commission.
Article VII
(a) The commissionshall adopt a seal and bylaws and shall adopt and promulgate rules andregulations for its management and control.
(b) The commission mayelect such committees as it deems necessary for the carrying out of itsfunctions.
(c) The commissionshall establish and maintain an office within one (1) of the compacting statesfor the transaction of its business and may meet at any time but in any eventmust meet at least once a year. The chairmen may call such additional meetingsand upon the request of a majority of the commissioners of three (3) or morecompacting states or territories shall call additional meetings.
(d) The commissionshall submit a budget to the governor of each compacting state and territory atsuch time and for such period as may be required.
(e) The commissionshall, after negotiations with interested institutions, determine the cost ofproviding the facilities for graduate and professional education for use in itscontractual agreements throughout the region.
(f) On or before thefifteenth day of January of each year, the commission shall submit to thegovernors and legislatures of the compacting states and territories a report ofits activities for the preceding calendar year.
(g) The commissionshall keep accurate books of account, showing in full its receipts anddisbursements, and said books of account shall be open at any reasonable timefor inspection by the governor of any compacting state or territory or hisdesignated representative. The commission shall not be subject to the auditand accounting procedure of any of the compacting states or territories. Thecommission shall provide for an independent annual audit.
Article VIII
(a) It shall be theduty of the commission to enter into such contractual agreements with anyinstitutions in the region offering graduate or professional education and withany of the compacting states or territories as may be required in the judgmentof the commission to provide adequate services and facilities of graduate andprofessional education for the citizens of the respective compacting states orterritories. The commission shall first endeavor to provide adequate servicesand facilities in the fields of dentistry, medicine, public health, andveterinary medicine, and may undertake similar activities in other professionaland graduate fields.
(b) For this purposethe commission may enter into contractual agreements:
(i) With the governingauthority of any educational institution in the region, or with any compactingstate or territory, to provide such graduate or professional educationalservices upon terms and conditions to be agreed upon between contractingparties; and
(ii) With the governingauthority of any educational institution in the region or with any compactingstate or territory to assist in the placement of graduate or professionalstudents in educational institutions in the region providing the desiredservices and facilities, upon such terms and conditions as the commission mayprescribe.
(c) It shall be theduty of the commission to undertake studies of needs for professional andgraduate educational facilities in the region, the resources for meeting suchneeds, and the long-range effects of the compact on higher education; and fromtime to time to prepare comprehensive reports on such research for presentationto the western governor's conference and to the legislatures of the compactingstates and territories. In conducting such studies the commission may conferwith any national or regional planning body which may be established. Thecommission shall draft and recommend to the governors of the various compactingstates and territories, uniform legislation dealing with problems of highereducation in the region.
(d) For the purposes ofthis compact the word "region" shall be construed to mean thegeographical limits of the several compacting states and territories.
Article IX
The operating costs of the commission shallbe apportioned equally among the compacting states and territories.
ArticleX
This compact shall become operative andbinding immediately as to those states and territories adopting it wheneverfive (5) or more of the states or territories of Arizona, California, Colorado,Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska,and Hawaii have duly adopted it prior to July 1, 1953. This compact shallbecome effective as to any additional states or territories adopting thereafterat the time of such adoption.
ArticleXI
This compact may be terminated at any timeby consent of a majority of the compacting states or territories. Consentshall be manifested by passage and signature in the usual manner of legislationexpressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means ofappropriate legislation to that end. Such withdrawal shall not becomeeffective until two (2) years after written notice thereof by the governor ofthe withdrawing state or territory accompanied by a certified copy of therequisite legislative action as received by the commission. Such withdrawalshall not relieve the withdrawing state or territory from its obligationhereunder accruing prior to the effective date of withdrawal. The withdrawingstate or territory may rescind its action of withdrawal at any time within thetwo (2) year period. Thereafter, the withdrawing state or territory may bereinstated by application to and the approval by a majority vote of the commission.
ArticleXII
(a) If any compactingstate or territory shall at any time default in the performance of any of itsobligations assumed or imposed in accordance with the provisions of thiscompact, all rights, privileges and benefits conferred by this compact oragreements hereunder shall be suspended from the effective date of such defaultas fixed by the commission.
(b) Unless such defaultshall be remedied within a period of two (2) years following the effective dateof such default, this compact may be terminated with respect to such defaultingstate or territory by affirmative vote of three-fourths of the other memberstates or territories.
(c) Any such defaultingstate may be reinstated by:
(i) Performing all actsand obligations upon which it has heretofore defaulted; and
(ii) Application to and the approval by a majority vote of the commission.
21-16-202. When binding; notice of ratification; power of governor toappoint commissioners; powers of commissioners generally; appropriation ofmonies.
(a) The compact shall become operative and binding at the timeprovided, and in accordance with article X of the compact. The governor ofWyoming shall give notice of the approval, ratification and adoption of thecompact by the legislature of the state of Wyoming, to the governors of each ofthe states and territories named in article X of the compact. The governorshall appoint the commissioners for which provision is made in the compact andthe commissioners shall have the power and authority specified in the compact,and such other power and authority as may hereafter be prescribed by law.
(b) In addition to those powers granted to the commissioners inthe compact, the commissioners are directed and empowered:
(i) To control and authorize the expenditure of any fundsappropriated for carrying out the provisions of the compact;
(ii) To ratify any contracts entered into by the westerninterstate commission for higher education or its officers which are deemed tobe in the best interest of the state of Wyoming and its qualified students; and
(iii) To impose residency requirements on admission to compactprograms. Applicants may appeal any admission decisions rendered pursuant tothis paragraph directly to the commission.
(c) All monies appropriated for the purposes of the compactshall be appropriated to the board of trustees of the University of Wyoming foradministration as directed by the commissioners.
ARTICLE 3 - INTERSTATE COMPACT FOR EDUCATION
21-16-301. Generally.
TheInterstate Compact for Education is hereby enacted into law and entered into bythis state with all states legally joining herein in the form substantially asfollows:
COMPACTFOR EDUCATION
ArticleI
(a) It is the purposeof this compact to:
(i) Establish andmaintain close cooperation and understanding among executive, legislative,professional, educational and lay leadership on a nationwide basis at the stateand local levels.
(ii) Provide a forumfor the discussion, development, crystallization and recommendation of publicpolicy alternatives in the field of education.
(iii) Provide aclearinghouse of information on matters relating to educational programs andhow they are being met in different places throughout the nation, so that theexecutive and legislative branches of state government and of local communitiesmay have ready access to the experience and record of the entire country, andso that both lay and professional groups in the field of education may haveadditional avenues for the sharing of experience and the interchange of ideasin the formation of public policy in education.
(iv) Facilitate theimprovement of state and local educational systems so that all of them will beable to meet adequate and desirable goals in a society which requirescontinuous qualitative and quantitative advance in educational opportunities,methods and facilities.
(b) It is the policy ofthis compact to encourage and promote local and state initiative in thedevelopment, maintenance, improvement and administration of educational systemsand institutions in a manner which will accord with the needs and advantages ofdiversity among localities and states.
(c) The party statesrecognize that each of them has an interest in the quality and quantity ofeducation furnished in each of the other states, as well as in the excellenceof its own educational systems and institutions, because of the highly mobilecharacter of individuals within the nation, and because the products andservices contributing to the health, welfare and economic advancement of eachstate are supplied in significant part by persons educated in other states.
Article II
As used in the compact, "state"means a state, territory or possession of the United States, the District ofColumbia, or the Commonwealth of Puerto Rico.
ArticleIII
(a) The educationcommission of the states, hereinafter called "the commission", ishereby established. The commission shall consist of seven (7) membersrepresenting each party state. One (1) of such members shall be the governor;two (2) shall be members of the state legislature selected by its respectivehouses and serving in such manner as the legislature may determine, Wyoming'slegislative members are to be appointed one (1) by the president of the senateand one (1) by the speaker of the house; and four (4) shall be appointed by thegovernor and may be removed by the governor as provided in W.S. 9-1-202. Ifthe laws of a state prevent legislators from serving on the commission, six (6)members shall be appointed and serve at the pleasure of the governor, unlessthe laws of the state otherwise provide. In addition to any other principlesor requirements which a state may establish for the appointment and service ofits members of the commission, the guiding principle for the composition of themembership on the commission from each party state shall be that the membersrepresenting such state shall, by virtue of their training, experience,knowledge or affiliations be in a position collectively to reflect broadly theinterests of the state government, higher education, the state educationsystem, local education, lay and professional, public and nonpublic educationalleadership. Of those appointees, one (1) shall be the head of a state agencyor institution, designated by the governor, having responsibility for one (1)or more programs of public education. In addition to the members of thecommission representing the party states, there may be not to exceed ten (10)nonvoting commissioners selected by the steering committee for terms of one (1)year. Such commissioners shall represent leading national organizations ofprofessional educators or persons concerned with educational administration.
(b) The members of thecommission shall be entitled to one (1) vote each on the commission. No actionof the commission shall be binding unless taken at a meeting at which amajority of the total number of votes on the commission are cast in favorthereof. Action of the commission shall be only at meetings at which amajority of the commissioners are present. The commission shall meet at leastonce a year. In its bylaws, and subject to such directions and limitations asmay be contained therein, the commission may delegate the exercise of any ofits powers to the steering committee or the executive director, except for thepower to approve budgets or requests for appropriations, the power to makepolicy recommendations pursuant to article IV and adoption of the annual reportpursuant to subsection (k) of this article.
(c) The commissionshall have a seal.
(d) The commissionshall elect annually, from among its members, a chairman, who shall be agovernor, a vice-chairman and a treasurer. The commission shall provide forthe appointment of an executive director. Such executive director shall serveat the pleasure of the commission, and together with the treasurer and suchother personnel as the commission may deem appropriate shall be bonded in suchamount as the commission shall determine. The executive director shall besecretary.
(e) Irrespective of thecivil service, personnel or other merit system laws of any of the party states,the executive director subject to the approval of the steering committee shallappoint, remove or discharge such personnel as may be necessary for theperformance of the functions of the commission, and shall fix the duties andcompensation of such personnel. The commission in its bylaws shall provide forthe personnel policies and programs of the commission.
(f) The commission mayborrow, accept or contract for the services of personnel from any partyjurisdiction, the United States, or any subdivision or agency of theaforementioned governments, or from any agency of two (2) or more of the partyjurisdictions or their subdivisions.
(g) The commission mayaccept for any of its purposes and functions under this compact any and alldonations, and grants of money, equipment, supplies, materials and services,conditional or otherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association, foundation, orcorporation, and may receive, utilize and dispose of the same. Any donation orgrant accepted by the commission pursuant to this paragraph or servicesborrowed pursuant to paragraph (f) of this article shall be reported in theannual report of the commission. Such report shall include the nature, amountand conditions, if any, of the donation, grant, or services borrowed, and theidentity of the donor or lender.
(h) The commission mayestablish and maintain such facilities as may be necessary for the transactingof its business. The commission may acquire, hold, and convey real andpersonal property and any interest therein.
(j) The commission shalladopt bylaws for the conduct of its business and shall have the power to amendand rescind these bylaws. The commission shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentthereto, with appropriate agency or officer in each of the party states.
(k) The commissionannually shall make to the governor and legislature of each party state areport covering the activities of the commission for the preceding year. Thecommission may make such additional reports as it may deem desirable.
Article IV
(a) In addition toauthority conferred on the commission by other provisions of the compact, thecommission shall have authority to:
(i) Collect, correlate,analyze and interpret information and data concerning educational needs andresources.
(ii) Encourage andfoster research in all aspects of education, but with special reference to thedesirable scope of instruction, organization, administration, and instructionalmethods and standards employed or suitable for employment in public educationalsystems.
(iii) Develop proposalsfor adequate financing of education as a whole and at each of its many levels.
(iv) Conduct orparticipate in research of the types referred to in this article in anyinstance where the commission finds that such research is necessary for theadvancement of the purposes and policies of this compact, utilizing fully theresources of national associations, regional compact organizations for highereducation, and other agencies and institutions, both public and private.
(v) Formulate suggestedpolicies and plans for the improvement of public education as a whole, or forany segment thereof, and make recommendations with respect thereto available tothe appropriate governmental units, agencies and public officials.
(vi) Do such otherthings as may be necessary or incidental to the administration of any of itsauthority or functions pursuant to this compact.
Article V
(a) If the laws of theUnited States specifically so provide, or if administrative provision is madetherefor within the federal government, the United States may be represented onthe commission by not to exceed ten (10) representatives. Any suchrepresentative or representatives of the United States shall be appointed andserve in such manner as may be provided by or pursuant to federal law, and maybe drawn from any one (1) or more branches of the federal government, but nosuch representative shall have a vote on the commission.
(b) The commission mayprovide information and make recommendations to any executive or legislativeagency or officer of the federal government concerning the common educationalpolicies of the states, and may advise with any such agencies or officersconcerning any matter of mutual interest.
Article VI
(a) To assist in theexpeditious conduct of its business when the full commission is not meeting,the commission shall elect a steering committee of thirty-two (32) memberswhich, subject to the provisions of this compact and consistent with thepolicies of the commission, shall be constituted and function as provided inthe bylaws of the commission. One-fourth of the voting membership of thesteering committee shall consist of governors, one-fourth shall consist oflegislators, and the remainder shall consist of other members of thecommission. A federal representative on the commission may serve with thesteering committee, but without vote. The voting members of the steeringcommittee shall serve for terms of two (2) years, except that members electedto the first steering committee of the commission shall be elected as follows:sixteen (16) for one (1) year and sixteen (16) for two (2) years. Thechairman, vice-chairman, and treasurer of the commission shall be members of thesteering committee and, anything in this paragraph to the contrarynotwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, butthe commission at its next regularly ensuing meeting following the occurrenceof any vacancy shall fill it for the unexpired term. No person shall servemore than two (2) terms as a member of the steering committee; provided thatservice for a partial term of one (1) year or less shall not be counted towardsthe two (2) term limitation.
(b) The commission mayestablish advisory and technical committees composed of state, local, andfederal officials, and private persons to advise it with respect to any one (1)or more of its functions. Any advisory or technical committee may, on requestof the states concerned, be established to consider any matter of specialconcern to two (2) or more of the party states.
(c) The commission mayestablish such additional committees as its bylaws may provide.
Article VII
(a) The commissionshall advise the governor or designated officer or officers of each party stateof its budget and estimated expenditures for such period as may be required bythe laws of that party state. Each of the commission's budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states.
(b) The total amount ofappropriation requests under any budget shall be apportioned among the partystates. In making such apportionment, the commission shall devise and employ aformula which takes equitable account of the populations and per capita incomelevels of the party states.
(c) The commissionshall not pledge the credit of any party states. The commission may meet anyof its obligations in whole or in part with funds available to it pursuant toarticle III(g) of this compact, provided that the commission takes specificaction setting aside such funds prior to incurring an obligation to be met inwhole or in part in such manner. Except where the commission makes use offunds available to it pursuant to article III (g) thereof, the commission shallnot incur any obligation prior to the allotment of funds by the party statesadequate to meet the same.
(d) The commissionshall keep accurate accounts of all receipts and disbursements. The receiptsand disbursements of the commission shall be subject to the audit andaccounting procedures established by its bylaws. However, all receipts anddisbursements of funds handled by the commission shall be audited yearly by aqualified public accountant, and the report of the audit shall be included inand become part of the annual reports of the commission.
(e) The accounts of thecommission shall be open at any reasonable time for inspection by dulyconstituted officers of the party states and by any persons authorized by thecommission.
(f) Nothing containedherein shall be construed to prevent commission compliance with laws relatingto audit or inspection of accounts by or on behalf of any governmentcontributing to the support of the commission.
Article VIII
(a) This compact shallhave as eligible parties all states, territories, and possessions of the UnitedStates, the District of Columbia, and the commonwealth of Puerto Rico. Inrespect of any such jurisdiction not having a governor, the term"governor", as used in this compact, shall mean the closestequivalent official of such jurisdiction.
(b) Any state or othereligible jurisdiction may enter into this compact and it shall become bindingthereon when it has adopted the same; provided that in order to enter intoinitial effect, adoption by at least ten (10) eligible party jurisdictionsshall be required.
(c) Adoption of thecompact may be either by enactment thereof or by adherence thereto by thegovernor; provided that in the absence of enactment adherence by the governorshall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact throughgubernatorial action, the governor shall appoint those persons who, in additionto himself, shall serve as the members of the commission from his state, andshall provide to the commission an equitable share of the financial support ofthe commission from any source available to him.
(d) Except for awithdrawal effective on December 31, 1967, in accordance with paragraph (c) ofthis article, any party state may withdraw from this compact by enacting astatute repealing the same. No withdrawal shall affect any liability alreadyincurred by or chargeable to a party state prior to the time of suchwithdrawal.
Article IX
This compact shall be liberally construedso as to effectuate the purposes thereof. The provisions of this compact shallbe severable and if any phrase, clause, sentence or provision of this compactis declared to be contrary to the constitution of any state or of the UnitedStates, or the application thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the state affected as to all severable matters.
21-16-302. Filing copies of commission's reports and bylaws.
The report requiredunder article III(k) of W.S. 21-16-301 shall be filed with the governor and thejoint education interim committee of the legislature. Pursuant to articleIII(j) of the compact, the commission shall file a copy of its bylaws and anyamendment thereto with the secretary of state of the state of Wyoming.
ARTICLE 4 - HIGHER EDUCATION COUNCIL
21-16-401. Repealed by Laws 1978, ch. 4, 2.
21-16-402. Repealed by Laws 1978, ch. 4, 2.
21-16-403. Repealed by Laws 1978, ch. 4, 2.
21-16-404. Repealed by Laws 1978, ch. 4, 2.
21-16-405. Repealed by Laws 1978, ch. 4, 2.
ARTICLE 5 - ADVANCE PAYMENT OF HIGHER EDUCATION COSTS
21-16-501. Definitions.
(a) As used in this article:
(i) "Advance payment contract" means a contractentered into by the program administrator and a purchaser pursuant to thisarticle to provide for the higher education of a beneficiary;
(ii) "Beneficiary" means the individual designatedwithin the advance payment contract to receive tuition, room and board ortuition only at a state institution of higher education;
(iii) "Institution of higher education" means theUniversity of Wyoming and the seven (7) community colleges within Wyoming;
(iv) "Program administrator" means the deputytreasurer of the University of Wyoming board of trustees;
(v) "Purchaser" means an individual obligated to makean advance payment of tuition, room and board or tuition only costs on behalfof a beneficiary pursuant to an advance payment contract;
(vi) "Room and board costs" means the amount assessedfor lodging and regularly scheduled meals provided to students pursuant to acontract for room and board with an institution of higher education;
(vii) "Tuition costs" means the amount assessed forfull time enrollment at an institution of higher education including mandatoryfees imposed upon all full time students as a condition of enrollment.
21-16-502. Advance payment contract.
(a) In accordance with rules and regulations adopted under thisarticle and at the discretion of the program administrator, the state treasurerand the executive director of the Wyoming community college commission, actingjointly, the program administrator may enter into a contract with a purchaserfor the advance payment of tuition, room and board or tuition only costs onbehalf of a beneficiary for attendance at one (1) or a combination ofinstitutions of higher education, without further tuition, room and board ortuition only costs to the beneficiary. A contract entered into under thissubsection is subject to determination of residency status by the appropriateinstitution of higher education. Except as provided under subsection (b) ofthis section, benefits provided under contract shall begin not less thanseventeen (17) years from the beginning date of the first fall academicsemester following the date of payment.
(b) Notwithstanding subsection (a) of this section, benefitsprovided under contract may commence within a period less than seventeen (17)years but not less than ten (10) years from the beginning date of the firstfall academic semester following the date of payment. The one (1) time advancepayment required under a contract providing for a reduced time limitation onthe use of contract benefits pursuant to this subsection shall be subject tointerest compounded annually at the rate of ten percent (10%) for the period oftime the contract is reduced below seventeen (17) years, payable at the time ofadvance payment. The amount of the one (1) time advance payment together withinterest paid under this subsection shall be refunded upon termination ormodification of the contract pursuant to W.S. 21-16-504. Any investmentearnings accruing to a contract under this subsection is not refundable.
(c) The advance payment contract shall specify one (1) of thepayment options specified under this subsection to be required from thepurchaser on behalf of the beneficiary. The one (1) time advance payment shallbe made in cash or cash equivalents at the time the contract is signed. Theprogram administrator shall annually determine the amount of the one (1) timeadvance payment for each of the following payment options:
(i) Not to exceed four (4) academic semesters of residenttuition, room and board at any community college located within Wyoming;
(ii) Not to exceed four (4) academic semesters of nonresidenttuition, room and board at any community college located within Wyoming;
(iii) Not to exceed ten (10) academic semesters of residenttuition, room and board at the University of Wyoming or a combination of acommunity college within the state and the University of Wyoming;
(iv) Not to exceed ten (10) academic semesters of nonresidenttuition, room and board at the University of Wyoming or a combination of acommunity college within the state and the University of Wyoming;
(v) Not to exceed four (4) academic semesters of residenttuition at any community college located within Wyoming;
(vi) Not to exceed four (4) academic semesters of nonresidenttuition at any community college located within Wyoming;
(vii) Not to exceed ten (10) academic semesters of residenttuition at the University of Wyoming or a combination of a community collegelocated within Wyoming and the University of Wyoming; or
(viii) Not to exceed ten (10) academic semesters of nonresidenttuition at the University of Wyoming or a combination of a community collegelocated within Wyoming and the University of Wyoming.
(d) The advance payment contract shall prohibit payment of andthe program administrator shall not pay a tuition benefit in excess of residenttuition costs if the:
(i) Purchaser entered into the advance payment contract underan option specified by paragraph (c)(i) or (iii) of this section; or
(ii) Beneficiary is determined a resident for tuition purposesby the appropriate institution of higher education at the time of enrollmentand the purchaser entered into the advance payment contract under an optionspecified by paragraph (c)(ii) or (iv) of this section.
(e) The program administrator shall make necessary arrangementswith the appropriate institution of higher education to fulfill his obligationunder the advance payment contract. An institution of higher education shalladmit the beneficiary of the contract if he otherwise qualifies for admission. This section and any advance payment contract entered into pursuant to thisarticle shall not guarantee that the beneficiary will:
(i) Be admitted to an institution of higher education;
(ii) If admitted, be determined a resident for tuition purposesby the appropriate institution of higher education;
(iii) Be allowed to continue attendance at an institution ofhigher education following admission; or
(iv) Graduate from an institution of higher education.
(f) An advance payment contract shall not be sold or otherwisetransferred by the purchaser or beneficiary. Subject to rules and regulationsadopted pursuant to this article, the purchaser may substitute anotherindividual for the beneficiary originally named in the contract.
21-16-503. Disposition and investment of advance payments; payment toinstitutions of higher education; administrative costs.
(a) The program administrator shall deposit payments receivedunder this article into an account within the University of Wyoming permanentendowment fund and shall account for each payment required from a purchaser onbehalf of a beneficiary pursuant to the advance payment contract. All moneydeposited and accounted for pursuant to this article shall be invested by theprogram administrator in the manner provided for investment of other Universityof Wyoming funds. The program administrator, the state treasurer and theexecutive director of the Wyoming community college commission shall everythree (3) months review investments made pursuant to this subsection and shallannually report to the joint appropriations interim committee and the jointeducation interim committee on the financial condition of the account and theinvestment portfolio.
(b) Expenditures from the account established under subsection(a) of this section shall be for payments to institutions of higher educationon behalf of beneficiaries, payments of refunds and direct payment of benefitsin accordance with W.S. 21-16-504 and for costs of administering this article. Administration fees shall be specified by contract and shall not exceed twopercent (2%) of investment earnings accruing to the account.
(c) The program administrator shall establish a schedule forpayment to institutions of higher education of the tuition, room and board ortuition only costs on behalf of beneficiaries. Payment under this subsectionshall not begin until the beneficiary applies to and is accepted by theinstitution of higher education. Upon completion or termination of an advancepayment contract, the remaining balance of principal and investment earningsaccruing to the contract shall be credited to the account established undersubsection (a) of this section.
21-16-504. Refund of advance payment; conditions; direct payment ofbenefits.
(a) If the beneficiary dies, is not admitted to an institutionof higher education following proper application, elects to not attend aninstitution of higher education or if attending, elects to discontinue highereducation or for any other circumstance approved by the program administratordoes not exercise his rights under the advance payment contract, the programadministrator shall terminate or modify the contract and except as providedunder W.S. 21-16-502(b), refund to the purchaser, to any person designated bythe purchaser by contract or to the legal representative of the purchaser, theamount of the one (1) time advance payment together with interest compoundedannually at the rate of four percent (4%). A purchaser or other qualifiedperson may request a refund in accordance with this subsection at any timefollowing the one (1) time advance payment. The amount of refund payable underthis subsection shall be proportionately reduced for each academic semester thebeneficiary attends an institution of higher education.
(b) If the beneficiary qualifies for benefit entitlement underprovisions of the advance payment contract, is admitted to an institution ofhigher education and receives additional financial or other assistance fortuition, room or board costs or elects not to contract for room and board withthe institution of higher education, the parties to the contract may providefor the direct payment of tuition, room and board or tuition only costs to thebeneficiary. The manner and amount of direct payment under this subsectionshall be determined in accordance with rules and regulations adopted under thisarticle.
21-16-505. Rules and regulations.
(a) Rules and regulations necessary to administer this articleshall be promulgated jointly by the program administrator, the state treasurerand the executive director of the Wyoming community college commission andapproved by both a majority vote of the University of Wyoming board of trusteesand a majority vote of the Wyoming community college commission. Rules andregulations adopted pursuant to this section shall include policies andprocedures governing the:
(i) Receipt of payments from purchasers on behalf ofbeneficiaries;
(ii) Accounting and reporting to purchasers of paymentsdeposited and invested in accordance with this article;
(iii) Period of time during which the beneficiary may receivebenefits under the contract;
(iv) Terms and conditions under which contracts may beterminated or modified, refunds may be granted and direct payment of benefitsmay be made pursuant to W.S. 21-16-504;
(v) Provision of contract benefits at institutions of highereducation;
(vi) Payment to institutions of higher education on behalf ofbeneficiaries;
(vii) Imposition of fees to cover costs incurred for theadministration of this article not to exceed the limitation imposed under W.S.21-16-503(b); and
(viii) Other terms, conditions and provisions determined necessaryfor advanced payment contracts and benefits provided under contracts.
ARTICLE 6 - WYOMING EDUCATION PLANNING AND COORDINATIONCOUNCIL
21-16-601. Education planning and coordination council established;membership; terms; compensation; initial terms.
(a) The Wyoming education planning and coordination council isestablished, to consist of the following members:
(i) The governor, who shall serve as council chairman;
(ii) The superintendent of public instruction, who shall serveas council vice-chairman;
(iii) The chairman of the education standing committee of theWyoming state senate;
(iv) The chairman of the education standing committee of theWyoming state house of representatives;
(v) Repealed By Laws 1997, ch. 197, 2.
(vi) The president of the University of Wyoming;
(vii) The executive director of the Wyoming community collegecommission;
(viii) Two (2) state citizens appointed by the governor, each toserve one (1) four (4) year term;
(ix) One (1) member of the Wyoming legislature from the minorityparty, to be appointed by the minority party caucus;
(x) The president of the Wyoming community college president'scouncil;
(xi) The chairman of the Wyoming communitycollege commission;
(xii) A certified K-12 teacher appointed bythe superintendent of public instruction;
(xiii) The chairman of the state board of education;
(xiv) The president of the Wyoming school boards association;
(xv) The president of the Wyoming association of schooladministrators;
(xvi) The chairman of the Wyoming workforce development councilwithin the governor's office;
(xvii) The president of the University of Wyoming board oftrustees;
(xviii) A University of Wyoming instructor selected by theUniversity of Wyoming board of trustees.
(b) Repealed By Laws 1997, ch. 197, 2.
(c) The council members appointed under paragraph (a)(viii) ofthis section shall receive per diem and travel expenses in the same manner andamount as authorized under W.S. 9-3-102 and 9-3-103 for state employees when onor conducting official council business. The legislative members of the councilunder paragraphs (a)(iii), (iv) and (ix) of this section shall receivecompensation, per diem and travel expenses in the manner and amount prescribedby W.S. 28-5-101.
(iii) Identify issues of importance to Wyoming education andserve as a forum for the discussion and resolution of those issues;
(iv) Collect and disseminate information affecting Wyomingeducation;
(v) Facilitate cooperative arrangements among state educationinstitutions in the sharing of facilities, personnel and technology orotherwise assist in articulation between the institutions;
(vi) Repealed By Laws 1997, ch. 197, 2.
(vii) Enter into agreements with the federal government and serveas the state postsecondary review entity pursuant to section 494A of thefederal Higher Education Act and may promulgate rules and regulations asnecessary to implement provisions of and carry out duties assigned under anysuch agreement.
(b) The council may accept funds from private sources, and tothe extent funds are available to the council through the governor's budget,contract for necessary services. To the greatest extent possible, the councilshall use available resources from the governmental entities represented on thecouncil.
(c) The council shall meet not less than two (2) times eachyear and shall on or before September 1 of each year, advise the jointeducation interim committee of the state legislature of its activities duringthe preceding year.
Thisarticle may be cited as the "Wyoming Higher Education Assistance AuthorityAct."
21-16-702. Definitions.
(a) As used in this article:
(i) "Authority" means the Wyoming higher educationassistance authority;
(ii) "Board" means the board of directors of theauthority;
(iii) "College" means any accredited institutionoffering higher education;
(iv) "Financial institution" means any bankingcorporation or institution engaged primarily in lending or investing funds andauthorized to do business in the state;
(v) "Higher education" means any program, curriculumor combination of courses or subjects generally accepted as necessary tofulfill requirements for the attainment of a predetermined and identified educational,professional or vocational objective higher than graduation from high school;
(vi) "Obligations" means notes, warrants, bonds,temporary bonds and anticipation notes issued by the authority pursuant to thisarticle;
(vii) "State" means the state of Wyoming;
(viii) "State agency" means any office orinstrumentality of the state;
(ix) "Student"means:
(A) Any person who, while a resident of the state, applies to afinancial institution for a student loan and who is enrolled in a college orwhose application for enrollment has been accepted by a college;
(B) Any person who is enrolled in a college located within thestate or whose application for enrollment has been accepted by a collegelocated within the state;
(C) To the extent funding is available after taking intoconsideration the aggregate funding needs of students specified undersubparagraphs (a)(ix)(A) and (B) of this section, any person who is enrolled ina college located outside of this state; or
(D) The parent or legal guardian of a student as defined underthis paragraph.
21-16-703. Wyoming higher education assistance authority; creation;termination; board of directors; composition; compensation; meetings; suretybonds; personal liability; fiscal control.
(a) The Wyoming higher education assistance authority isestablished as a body corporate to operate as a state instrumentality solelyfor the public benefit. The authority shall exist perpetually or untilterminated by law. Unless adequate provision has been made for payment, notermination of the authority shall take effect if the authority has obligationsoutstanding. Upon termination, all rights and properties of the authorityshall pass to and be vested in the state.
(b) The board of directors of the authority is created andshall consist of nine (9) directors as follows:
(i) The governor;
(ii) The state treasurer;
(iii) Seven (7) directors appointed by the governor with theadvice and consent of the senate, not more than four (4) of whom shall be of thesame political party.
(c) Appointed directors shall serve for staggered terms of four(4) years each and shall not serve more than two (2) successive four (4) yearterms. An appointed director may be removed from office by the governorpursuant to W.S. 9-1-202(a) or by a majority vote of the senate. Directorsshall continue in office until their successors are appointed and qualified. If a vacancy occurs, the governor shall in accordance with W.S. 28-12-101,appoint a successor. The board shall select one (1) of its members to serve aschairman and one (1) member to serve as treasurer. Each appointed directorshall receive compensation for each day or part of a day in which engaged inthe performance of their official duties at the same rate provided members ofthe state legislature under W.S. 28-5-101 and shall be reimbursed for actualand necessary expenses incurred in the performance of their official duties.
(d) The board shall determine the date, time, place and methodof notice for all regular meetings of the board. A majority of the directorsconstitutes a quorum for the transaction of any business or the exercise of anypower or function of the authority. All matters shall be decided by a majorityvote of the voting members of the board. Minutes of board meetings shall bekept, maintained and open to members of the public. Public notice of meetingsshall be given prior to the meetings and meetings shall be open to the publicin accordance with W.S. 16-4-401 through 16-4-408. In emergency circumstances,if so determined by two-thirds (2/3) of its members, the board may take actionby conference telephone or similar electronic communications equipment wherebyall persons participating in the meeting can hear each other at the same time. Such action shall be recorded, immediately transcribed as minutes of the boardand notice given of their availability for public review. The finding by theboard that an emergency exists shall be binding and conclusive unless clearlyerroneous.
(e) The authority shall execute and maintain at its expense ablanket surety bond covering each director, the executive director andemployees or other officers of the authority in a penal sum of two hundredfifty thousand dollars ($250,000.00). The directors, the executive director,employees or any other person executing obligations shall not be subject to anypersonal liability by reason of their issuance.
21-16-704. Executive director; employment of additional personnel;compensation.
