AB 247 — Revises provisions relating to the Western Regional Education Compact. (BDR 34-472)

Notice of intention to withdraw from such Compact shall be executed and transmitted by the Governor.

Sec.

and WHEREAS, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above;

Now, therefore, the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming [, and the Commonwealth of the Northern Mariana Islands] and the - *AB247_R1* – 5 – U.S.

4 ARTICLE 2 6 Each of the compacting states pledges to each of the other compacting states faithful cooperation in carrying out all the purposes of this compact.

- 81st Session (2021) – 5 – ARTICLE 3 The compacting states hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission.

The commissioners from each state shall be appointed by the governor thereof as provided by law in such state.

AnyAnyd by the commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner shall have been appointed.

ARTICLE 5 Any business transacted at any meeting of the commission must becompacting bystates.vote affirmative vote of a majority of the whole number of One or more commissioners from a majority of the compacting states.states shall constitute a quorum for the transaction of business.

- *AB247_R1* – 6 – One or more commissioners from a majority of the compacting states shall constitute a quorum for the transaction of business.

- 81st Session (2021) – 6 – ARTICLE 6 8 The commission shall elect from its number a chair and a vice chair, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact;

necessary for the carrying out of its functions.t deems The commission mayshall electestablish suchand committeesmaintain asan itoffice deemswithin necessaryone forof the carryingcompacting outstates for the transaction of its functions.business and may meet at any time, but in any event must meet at least once a year.

The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year.

On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states a report of its activities for the preceding calendar year.

The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or the designated representative of the - *AB247_R1* – 7 – governor.

5- ARTICLE81st 8Session (2021) – 7 – ARTICLE 8 It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states.

(a) With the governing authority of any educational institution in the region, or with any compacting state, to provide such graduate or professional educational services upon terms and conditions to be agreedagr(b) upon between contracting parties, and (b) With the governing authority of any educational institution in the region or with any compacting state to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

The commission shall draft and recommend to the governors of the various compacting states, uniform legislation dealingdeaFor withthe problemspurposes of higherthis educationcompact inthe word “region” shall be construed to mean the region.geographical limits of the several compacting states.

ForARTICLE the9 purposesThe ofoperating thiscosts compactof the wordcommission “region” shall be construedapportioned toequally meanamong the geographical limits of the several compacting states.

- *AB247_R1*81st Session (2021) – 8 – ARTICLE 910 3This Thecompact operatingshall costsbecome operative and binding immediately as to those states adopting it whenever five or more of the commissionstates shallof beArizona, apportionedCalifornia, equallyColorado, amongIdaho, theMontana, compactingNevada, states.New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953.

6 ARTICLE 10 8 This compact shall become operative and binding immediately as to those states adopting it whenever five or more of the states 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.

Any state may at any time withdraw from this compact by meansnot become effective until two years after written notice thereof by the governor of appropriatethe legislationwithdrawing tostate thataccompanied end.by a certified copy of the requisite legislative action is received by the commission.

Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state accompanied by a certified copy of the requisite legislative action is received by the commission.

ARTICLE 12 If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.

- *AB247_R1* – 9 – Any such defaulting state may be reinstated by:

(a) performing all acts and obligations upon which it has heretofore defaulted, and - 81st Session (2021) – 9 – (b) application to and the approval by a majority vote of the commission.

In furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor to serve [in the Office of] on the Western [Regional] Interstate Commission for Higher Education [Compact] created by [NRS 223.700.] the Compact.

and] (b) At a meeting held in accordance with the provisions of chapter 241 of NRS, delegate to an officer or employee of the Nevada Office [of the Western Interstate Commission for Higher Education] the authority to undertake any actions authorized or required by the provisions of this chapter, [except that] including, without limitation, the authority to enter into an agreement thatthatng, will be binding on the Nevada Office.

- *AB247_R1*81st Session (2021) – 10 – 2.State Government or administration of the State are herebyand in the authorized and directed at convenient times and upon request of the [Commission] Nevada Office to furnish the [Commission] Nevada Office with information and data possessed by them and to aid the [Commission] Nevada Office by any means lying within their legal rights.

All officers, bureaus, departments and persons of and in the State Government or administration of the State are hereby authorized and directed at convenient times and upon request of the [Commission] Nevada Office to furnish the [Commission] Nevada Office with information and data possessed by them and to aid the [Commission] Nevada Office by any means lying within their legal rights.

2.adhere to the same standards which are observed in the selection of [contract places for Nevada residents in graduate or professional schools within the region.] participants.

The terms and conditions of any such agreements must adhere to the same standards which are observed in the selection of [contract places for Nevada residents in graduate or professional schools within the region.] participants.

The terms and conditions of repayment, if any, must begrantor.] setany forthgrant, fullygift inor adonation.en contract between the participant and the grantor.]Sec. any grant, gift or donation.

Sec.

and (b)- Certify81st themSession to(2021) receiving– institutions11 or– locations at which an applicant will practice his or her profession.profession.locations at which 2.

- *AB247_R1* – 11 – 2.

May enter into any reciprocity agreement, including, without limitation, the State Authorization Reciprocity Agreement [,] as implemented by the Western Interstate Commission for Higher Education, for the purpose of authorizing a postsecondarypostsecondaryer educational institution that is located in another state or territory of the United States to provide distance education to residents of this State if the requirements contained in the agreement for authorizing a postsecondary educational institution that is located in another state or territory of the United States to provide distance education to residents of this State are substantially similar to the requirements for licensure of a postsecondary educational institution by the Commission on Postsecondary Education pursuant to NRS 394.383 to 394.560, inclusive.

397.0615 Financial support provided to [an applicant who is chosen by the three Nevada State Commissioners to receive such support from the Western Interstate Commission for Higher Education] a participant must be provided in the form of a [support fee.

Sec.- 81st Session (2021) – 12 – 397.062 1.

15.

NRS 397.062 is hereby amended to read as follows:

397.062 1.

[for Administrative Expenses.] Any money received by the three Nevada State Commissioners as the proceeds of any penalty , [or] appropriated or - *AB247_R1* – 12 – authorized from the State General Fund for the purposes of carrying out the provisions of this chapter or pursuant to NRS 397.0557 must be deposited in this Account.

[and] (b) Pay expenses incurred in collecting money due the State from a loan [or a stipend granted from the Western Interstate CommissionCom3. for Higher Education’s Loan and Stipend Fund.

3.

The three Nevada State Commissioners, acting jointly, shall administer the Fund, and the money in the Fund must be used solely to provide(a) [:Loans to;

(a) Loans to;

Loans from the Western Interstate Commission for Higher Education’s Loan and Stipend Fund before July 1, 1985, and loans - 81st Session (2021) – 13 – made to students classified as continuing students before July 1, 1985, must be made upon the following terms:

(b) Each participant receiving a loan must repay the loan with interest following the termination of the participant’s education or completion of the participant’s internship in accordance with the following schedule:

- *AB247_R1* – 13 – (2) Within 8 years for loans which total $10,000 or more but less than $20,000.

The three Nevada State Commissioners, acting jointly, may delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Educationsection.n the authority to establish the interest rate pursuant to this section.2.

2.

4.- 81st Session (2021) – 14 – or shall delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:

The three Nevada State Commissioners, acting jointly, shall, or shall delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:

- *AB247_R1* – 14 – 6.] (b) A delinquency charge may be assessed on any installment delinquent 10 days or more in an amount that must be established by the three Nevada State Commissioners, acting jointly.

7.] (c) The reasonable costs of collection and attorney’s fees may be recovered in the event of delinquency.

and attorney’s fees 2.

(b) Except as otherwise provided in NRS 397.0685, practices, in Nevada, the profession [in] for which [the participant was certified:

the profession [in] for which [the participant was (a) For 3 years, if the participant entered the program before July 1, 1985;

or] (c) [For 1 year for each 9 months the participant receives a stipend, if the participant enters the program after June 30, 1985, and- is81st enrolledSession in(2021) an– accelerated15 program– that provides more than 1 academic year of graduate and professional education in 9 months, 1 ] Except as otherwise provided in NRS 397.069:

(1) Commences the participant’s practice obligation within 1 year after the completion or termination of the education, internship or residency for which the participant received the stipend.

- *AB247_R1* – 15 – (e) Maintains the participant’s permanent residence in the State of Nevada throughout the period of the participant’s practice obligation.

(1) Merely owning a residence in this State does not satisfy theresidence requirementin thatthis State.articipant must maintain a permanent (2) A participant mustwho maintainleaves the State for a limited period of time without forming the intent of changing the participant’s permanent residence inis thisnot State.considered to have moved the participant’s residence.

(2) A participant who leaves the State for a limited period of time without forming the intent of changing the participant’s permanent residence is not considered to have moved the participant’s residence.

[, may adopt regulations which:] (a) [Reduce the period of required practice for a participant who practices his or her profession in a rural area, a health professional shortage area, a medically underserved area or an area with aafessional medically underserved population of this state as described in NRS 397.0617, or as an employee of this state in accordance with NRS 397.0685.] Shall convert the stipend into a loan to be repaid in accordance with NRS 397.064 from the first day of the term for which the participant received the stipend.

(b) [Extend the time for completing the required practice beyond 5 years for a] Shall assess a default charge against the participant [who is granted an extension because of hardship.] if the participant - 81st Session (2021) – 16 – received the stipend to participate in a program administered by the Nevada Office.

(c) May assess a default charge against the participant if the participant received the stipend to participate in a program administered by the office of the Western Interstate Commission for Higher Education established pursuant to Article 7 of thetheon Compact.

- *AB247_R1* – 16 – (1) Designated as such by the United States Secretary of Health and Human Services pursuant to 42 U.S.C.

397.068 A [recipient of a loan or a stipend under the program of the Western Regional Education Compact] participant shall comply with [the] any requirements prescribed by regulations adopted by the [Commission or the] three Nevada State Commissioners.

Sec.- 81st Session (2021) – 17 – 397.0685 1.

20.A participant may petition the three Nevadaows:

NRSState 397.0685Commissioners isfor herebya amendedreduction toof readthe asperiod follows:of required practice prescribed by paragraph (b) of subsection 1 of NRS 397.0645.

397.0685 1.

A participant may petition the three Nevada State Commissioners for a reduction of the period of required practice prescribed by paragraph (b) of subsection 1 of NRS 397.0645.

- *AB247_R1* – 17 – (b) Practices the applicant’s profession as a full-time employee of the State of Nevada and has been employed by the State for atatyee least 1 continuous year immediately before the applicant’s application.

(b) An extension of the period for completing the required practice prescribed by subparagraph (2) of paragraph (c) of subsectionsub2. 1 of NRS 397.0645.

2.

- 81st Session (2021) – 18 – 2.

Applications for extensions must be filed within the time prescribed by regulation of] completing the required practice prescribed by subparagraph (2) of paragraph (c) of subsection 1 of NRS 397.0645 in accordance with the regulations adopted pursuantpur3.anThe three Nevada State Commissioners, acting jointly [.] , shall adopt regulations to subsectioncarry 3.out the provisions of this section.

3.

The three Nevada State Commissioners, acting jointly [.] , shall adopt regulations to carry out the provisions of this section.

- *AB247_R1* – 18 – 2.

Make recommendations for any legislative action deemed by [it] the Commissioners to be advisable, including amendments to the statutes which may be necessary to carry out the intent and purposespurSec. of the Compact between the signatory states.

Sec.

The Director may, within the limits of available money, employ such additional personnel as may be required to carry out the duties of the Nevada Office of the Western [Regional] Interstate - 81st Session (2021) – 19 – Commission for Higher Education , [Compact,] who must be in the classified service of the State.

Any contract entered into before July 1, 2021, involving a loanloa2.madAny madecontract pursuantinvolving toa NRSstipend 397.063received orby 397.064.a participant before July 1, 2021, which:

2.

Any contract involving a stipend received by a participant before July 1, 2021, which:

Such contracts and other agreements may be enforced by the officer or agency to - *AB247_R1* – 19 – which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has beenbeenhich the transferred.

In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

- 81st Session (2021) – 20 – Sec.

LEADLINES~~~~~ OF21 REPEALED- SECTIONS81st 397.050Session Western(2021) Regional Higher Education Compact Account:

Creation;

uses of money in Account.

397.0617 Condition to receipt of support fee:

Requirement that certain participants practice profession in health benefit medically underserved population;

waiver of stipend for compliance with condition;

assessment of default charge or conversion of stipend to loan for noncompliance.

397.065 Repayment of state’s contributions for stipends by participant who received stipend before July 1, 1995.

397.0653 Repayment of stipends received on or after July 1, 1995;

exceptions.

397.0655 Delegation of negotiation of terms of repayment.

397.066 Insurance as security for stipend or loan;

joint liability on stipend or loan.

- *AB247_R1* – 20 – loan may be required.s under which immediate repayment of H - *AB247_R1*