SCS/SB 857 - This act grants the Commissioner of Higher Education the authority to impose a fine on 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 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 Senate Committee Substitute contains identical language to the amended SS/SCS/SB 590.
DONALD THALHUBER