Introduced

SECTION 173.005.2(10): This act grants the Commissioner of Higher Education the authority to impose a fine on public higher education institutions that willfully disregard board policies. Such a fine shall not exceed one percent of the institution's current fiscal year state appropriation. The board shall hold such funds until such time that the institution, as determined by the Commissioner of Higher Education, corrects the violation, at which time the board shall refund such amount to the institution. Should the commissioner determine that the institution has not redressed the violation within one year, the fine amount shall be deposited into the general revenue fund unless the institution appeals such decision to the full coordinating board, which shall have the authority to make a binding and final decision regarding the matter.

Further, the act specifies that the provisions of the entire subdivision shall apply only to public institutions, not private institutions.

SECTIONS 173.005.2(11) & SECTION 173.616: Currently under Section 173.604, RSMo, the coordinating board issues certificates of approval to operate within this state to certain out-of-state public higher education institutions that meet the minimal standards of that section.

This act seeks to exempt such institutions, as of July 01, 2008, from the requirements of section 173.604, RSMo. Further, the act would revoke, on July 01, 2008, all previously issued certificates granted to out-of-state public higher education institutions to operate within this state. Instead, the act directs the coordinating board to hold out-of-state public higher education institutions to criteria similar to those required of public in-state higher education institutions in order for such institutions to operate within this state.

The act directs the coordinating board to promulgate rules for the implementation of this act no later than December 31, 2007.

SECTION 173.125: The act requires that every public institution of higher education submit to binding dispute resolution with regard to disputes among institutions of higher education that involve jurisdictional boundaries or the use or expenditure of any state resources whatsoever, as determined by the coordinating board. In all cases, the arbitrator shall be the Commissioner of Higher Education or a designee, whose decision shall be binding on all parties. Any institution aggrieved by a decision of the commissioner may appeal the decision to the full coordinating board, which shall have the authority to make a binding and final decision regarding the matter.

This act is identical to certain provisions contained in the perfected SB 590 (2006).

JIM ERTLE