ARTICLE I.
Section 2. The purposes of this Agreement, which is hereby adopted, are to provide:
1. Improved facilities and procedures for study, analysis and planning of governmental policies, programs and activities of regional significance.
2. Assistance in the prevention of interstate conflicts and the promotion of regional cooperation.
3. Mechanisms for the coordination of state and local interests on a regional basis.
4. An agency to assist the state in accomplishing the foregoing.
ARTICLE II.
Section 2. The Board shall consist of five members from each party state, as follows:
1. The Governor.
2. Two members of the State Legislature, one appointed by the presiding officer of each house of the General Assembly or in such other manner as the General Assembly may provide.
3. Two residents of the state who shall be appointed by the Governor to serve at his pleasure.
Section 3. In making appointments pursuant to Section 2, item 3, a Governor shall, to the greatest extent practicable, select persons who, along with the other members serving pursuant to Section 2, will make the state's representation on the Board broadly representative of the several socio-economic elements within his state.
Section 4. 1. A Governor may be represented by an alternate with power to act in his place and stead, if notice of the designation of such alternate is given to the Board in such manner as its Bylaws may provide.
2. A legislative member of the Board may be represented by an alternate with power to act in his place and stead, unless the laws of his state prohibit such representation and if notice of the designation of such alternate is given to the Board in such manner as its Bylaws may provide. An alternate for a legislative member of the Board shall be selected by the member from among the members of the legislative house in which he serves.
3. A member of the Board serving pursuant to Section 2, item 3, of this Article may be represented by another resident of his state who may participate in his place and stead, except that he shall not vote: provided that notice of the identity and designation of the representative selected by the member is given to the Board in such manner as its Bylaws may provide.
ARTICLE III.
Section 2. In addition to powers conferred on the Board elsewhere in this Agreement, the Board shall have the power to make or commission studies, investigations and recommendations with respect to:
1. The planning and programming of projects of interstate or regional significance.
2. Planning and scheduling of governmental services and programs which would be of assistance to the orderly growth and prosperity of the region, and to the well-being of its population.
3. Effective utilization of such federal assistance as may be available on a regional basis or as may have an interstate or regional impact.
4. Measures for influencing population distribution, land use, development of new communities and redevelopment of existing ones.
5. Transportation patterns and systems of interstate and regional significance.
6. Improved utilization of human and natural resources for the advancement of the region as a whole.
7. Any other matters of a planning, data collection or informational character that the Board may determine to be of value to the party states.
ARTICLE IV.
Section 2. The Board shall use qualified public and private agencies to make investigations and conduct research, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and conduct its own research. The Board may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations or original research within its purview.
Section 3. In general, the policy of Section 2 of this Article shall apply to the activities of the Board relating to its Statement of Regional Objectives, but nothing herein shall be construed to require the Board to rely on the services of other persons or agencies in developing the Statement of Regional Objectives or any amendment, supplement or revision thereof.
ARTICLE V.
ARTICLE VI.
1. A budget or appropriation request.
2. The Statement of Regional Objectives or any amendment, supplement or revision thereof.
3. Official comments on or recommendations with respect to projects of interstate or regional significance.
4. The annual report.
Section 2. To assist in the expeditious conduct of its business when the full Board is not meeting, the Board shall elect an Executive Committee of not to exceed twenty-three members, including at least one member from each party state. The Executive Committee, subject to the provisions of this Agreement and consistent with the policies of the Board, shall be constituted and function as provided in the Bylaws of the Board. One half of the membership of the Executive Committee shall consist of Governors, and the remainder shall consist of other members of the Board, except that at any time when there is an odd number of members on the Executive Committee, the number of Governors shall be one less than half of the total membership. The members of the Executive Committee shall serve for terms of two years, except that members elected to the first Executive Committee shall be elected as follows: one less than half of the membership for two years and the remainder for one year. The Chairman, Chairman-Elect, Vice-Chairman and Treasurer of the Board shall be members of the Executive Committee and anything in this section to the contrary notwithstanding shall serve during their continuance in these offices. Vacancies in the Executive Committee shall not affect its authority to act, but the Board at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term.
Section 3. The Board shall have a seal.
Section 4. The Board shall elect, from among its members, a Chairman, a Chairman-Elect, a Vice-Chairman and a Treasurer. Elections shall be annual. The Chairman-Elect shall succeed to the office of Chairman for the year following his service as Chairman-Elect. For purposes of the election and service of officers of the Board, the year shall be deemed to commence at the conclusion of the annual meeting of the Board and terminate at the conclusion of the next annual meeting thereof. The Board shall provide for the appointment of an Executive Director. Such Executive Director shall serve at the pleasure of the Board, and together with the Treasurer and such other personnel as the Board may deem appropriate shall be bonded in such amounts as the Board shall determine. The Executive Director shall be Secretary.
Section 5. The Executive Director, subject to the policy set forth in this Agreement and any applicable directions given by the Board, may make contracts on behalf of the Board.
Section 6. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the Executive Director, subject to the approval of the Board, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Board, and shall fix the duties and compensation of such personnel. The Board in its Bylaws shall provide for the personnel policies and programs of the Board.
Section 7. The Board may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
Section 8. The Board may accept for any of its purposes and functions under this Agreement any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of them. Any donation or grant accepted by the Board pursuant to this section or services borrowed pursuant to Section 7 of this Article shall be reported in the annual report of the Board. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
Section 9. The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein.
Section 10. The Board shall adopt Bylaws for the conduct of its business and shall have the power to amend and rescind these Bylaws. The Board shall publish its Bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
Section 11. The Board annually shall make to the Governor and Legislature of each party state a report covering the activities of the Board for the preceding year. The Board at any time may make such additional reports and transmit such studies as it may deem desirable.
Section 12. The Board may do any other or additional things appropriate to implement powers conferred upon it by this Agreement.
ARTICLE VII.
Section 2. The total amount of appropriation requests under any budget shall be apportioned among the party states. Such apportionment shall be in accordance with the following formula:
1. One-third in equal shares,
2. One-third in the proportion that the population of a party state bears to the population of all party states, and
3. One-third in the proportion that the per capita income in a party state bears to the per capita income in all party states.
In implementing this formula, the Board shall employ the most recent authoritative sources of information and shall specify the sources used.
Section 3. The Board shall not pledge the credit of any party state. The Board may meet any of its obligations in whole or in part with funds available to it pursuant to Section 8, Article VI, of this Agreement, provided that the Board takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Board makes use of funds available to it pursuant to Section 8 of Article VI, or borrows pursuant to this section, the Board shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the obligation. The Board may borrow against anticipated revenues for terms not to exceed two years, but in any such event the credit pledged shall be that of the Board and not of a party state.
Section 4. The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established by its Bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Board.
Section 5. The accounts of the Board shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the Board.
Section 6. Nothing contained herein shall be construed to prevent Board compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Board.
ARTICLE VIII.
ARTICLE IX.
ARTICLE X.
ARTICLE XI.
1. Affect the powers or jurisdiction of any agency of a party state or any subdivision thereof.
2. Affect the rights or obligations of any governmental units, agencies or officials, or of any private persons or entities conferred or imposed by any interstate or interstate-federal compacts to which any one or more states participating herein are parties.
3. Impinge on the jurisdiction of any existing interstate-federal mechanism for regional planning or development.
ARTICLE XII.
Section 2. Any eligible state may enter into this Agreement and it shall become binding thereon when it has adopted the same: provided that in order to enter into initial effect, adoption by at least five states shall be required.
Section 3. Any party state may withdraw from this Agreement by enacting a statute repealing the Agreement, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
HISTORY: 1962 Code Section 9-120; 1973 (58) 707; 1980 Act No. 346, Sections 1, 2, eff March 20, 1980.