CHAPTER 3. MIDWESTERN HIGHER EDUCATION COMPACT
IC 21-28-3
Chapter 3. Midwestern Higher Education Compact
IC 21-28-3-1
Enactment
Sec. 1. The Midwestern Higher Education Compact is enacted
into law and entered into by the state of Indiana with all other
jurisdictions legally joining the compact in the form substantially as
provided in sections 2 through 9 of this chapter.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-2
Purpose
Sec. 2. ARTICLE I. PURPOSE. The purpose of the Midwestern
Higher Education Compact is to provide greater higher education
opportunities and services in the midwestern region, with the aim of
furthering regional access to, research in, and choice of higher
education for the citizens residing in the several states which are
parties to this Compact.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-3
The commission
Sec. 3. ARTICLE II. THE COMMISSION. (a) The compacting
states hereby create the Midwestern Higher Education Commission,
hereinafter called the Commission. The Commission shall be a body
corporate of each compacting state. The Commission shall have all
the responsibilities, powers, and duties set forth herein, including the
power to sue and be sued, and such additional powers as may be
conferred upon it by subsequent action of the respective legislatures
of the compacting states in accordance with the terms of this
Compact.
(b) The Commission shall consist of five (5) resident members of
each state as follows: the governor or the governor's designee who
shall serve during the tenure of office of the governor; two (2)
legislators, one (1) from each house (except Nebraska, which may
appoint two (2) legislators from its Unicameral Legislature), who
shall serve two (2) year terms and be appointed by the appropriate
appointing authority in each house of the legislature; and two (2)
other at-large members, at least one (1) of whom shall be selected
from the field of higher education. The at-large members shall be
appointed in a manner provided by the laws of the appointing state.
One (1) of the two (2) at-large members initially appointed in each
state shall serve a two (2) year term. The other member, and any
regularly appointed successor to either at-large member, shall serve
a four (4) year term. All vacancies shall be filled in accordance with
the laws of the appointing states. Any commissioner appointed to fill
a vacancy shall serve until the end of the incomplete term.
(c) The Commission shall select annually, from among its
members, a chairperson, a vice chairperson, and a treasurer.
(d) The Commission shall appoint an executive director who shall
serve at the Commission's pleasure and who shall act as secretary to
the Commission. The treasurer, the executive director, and such other
personnel as the Commission may determine shall be bonded in such
amounts as the Commission may require.
(e) The Commission shall meet at least once each calendar year.
The chairperson may call additional meetings and upon the request
of a majority of the Commission members of three (3) or more
compacting states, shall call additional meetings. Public notice shall
be given of all meetings, and meetings shall be open to the public.
(f) Each compacting state represented at any meeting of the
Commission is entitled to one (1) vote. A majority of the compacting
states shall constitute a quorum for the transaction of business, unless
a larger quorum is required by the bylaws of the Commission.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-4
Powers and duties of the commission
Sec. 4. ARTICLE III. POWERS AND DUTIES OF THE
COMMISSION. (a) The Commission shall adopt a seal and suitable
bylaws governing its management and operations.
(b) Irrespective of the civil service, personnel, or other merit
system laws of any of the compacting states, the Commission in its
bylaws shall provide for the personnel policies and programs of the
Compact.
(c) The Commission shall submit a budget to the governor and
legislature of each compacting state at such time and for such period
as may be required. The budget shall contain specific
recommendations of the amount or amounts to be appropriated by
each of the compacting states.
(d) The Commission shall report annually to the legislatures and
governors of the compacting states, to the Midwestern Governors'
Conference, and to the Midwestern Legislative Conference of the
Council of State Governments concerning the activities of the
Commission during the preceding year. Such reports shall also
embody any recommendations that may have been adopted by the
Commission.
(e) The Commission may borrow, accept, or contract for the
services of personnel from any state or the United States or any
subdivision or agency thereof, from any interstate agency, or from
any institution, foundation, person, firm, or corporation.
(f) The Commission may accept for any of its purposes and
functions under the Compact any and all donations and grants of
money, equipment, supplies, materials, and services (conditional or
otherwise) from any state or the United States or any subdivision or
agency thereof, or interstate agency, or from any institution,
foundation, person, firm, or corporation, and may receive, utilize,
and dispose of the same.
(g) The Commission may enter into agreements with any other
interstate education organizations or agencies and with higher
education institutions located in nonmember states and with any of
the various states of these United States to provide adequate
programs and services in higher education for the citizens of the
respective compacting states. The Commission shall, after
negotiations with interested institutions and interstate organizations
or agencies, determine the cost of providing the programs and
services in higher education for use of these agreements.
(h) The Commission may establish and maintain offices, which
shall be located within one (1) or more of the compacting states.
(i) The Commission may establish committees and hire staff as it
considers necessary for the carrying out of its functions.
(j) The Commission may provide for actual and necessary
expenses for attendance of its members at official meetings of the
Commission or its designated committees.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-5
Activities of the commission
Sec. 5. ARTICLE IV. ACTIVITIES OF THE COMMISSION. (a)
The Commission shall collect data on the long-range effects of the
Compact on higher education. By the end of the fourth year from the
effective date of the Compact and every two (2) years thereafter, the
Commission shall review its accomplishments and make
recommendations to the governors and legislatures of the compacting
states on the continuance of the Compact.
(b) The Commission shall study issues in higher education of
particular concern to the Midwestern region. The Commission shall
also study the needs for higher education programs and services in
compacting states and the resources for meeting such needs. The
Commission shall from time to time prepare reports on such research
for presentation to the governors and legislatures of the compacting
states and other interested parties. In conducting such studies, the
Commission may confer with any national or regional planning body.
The Commission may draft and recommend to the governors and
legislatures of the various compacting states suggested legislation
dealing with problems of higher education.
(c) The Commission shall study the need for provision of
adequate programs and services in higher education, such as
undergraduate, graduate, or professional student exchanges in the
region. If a need for exchange in a field is apparent, the Commission
may enter into such agreements with any higher education institution
and with any of the compacting states to provide programs and
services in higher education for the citizens of the respective
compacting states. The Commission shall, after negotiations with
interested institutions and the compacting states, determine the costs
of providing the programs and services in higher education for use
in its agreements. The contracting states shall contribute the funds
not otherwise provided, as determined by the Commission, for
carrying out the agreements. The Commission may also serve as the
administrative and fiscal agent in carrying out agreements for higher
education programs and services.
(d) The Commission shall serve as a clearinghouse on information
regarding higher education activities among institutions and
agencies.
(e) In addition to the activities of the Commission previously
noted, the Commission may provide services and research in other
areas of regional concern.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-6
Finance
Sec. 6. ARTICLE V. FINANCE. (a) The money necessary to
finance the general operations of the Commission not otherwise
provided for in carrying forth its duties, responsibilities, and powers
as stated in this chapter shall be appropriated to the Commission by
the compacting states, when authorized by the respective legislatures
by equal apportionment among the compacting states.
(b) The Commission shall not incur any obligations of any kind
prior to the making of appropriations adequate to meet the same; nor
shall the Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
(c) The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the
Commission shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and
disbursements of funds handled by the Commission 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 Commission.
(d) The accounts of the Commission shall be open at any
reasonable time for inspection by duly authorized representatives of
the compacting states and persons authorized by the Commission.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-7
Eligible parties and entry into force
Sec. 7. ARTICLE VI. ELIGIBLE PARTIES AND ENTRY INTO
FORCE. (a) The states of Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota,
and Wisconsin are eligible to become party to this Compact.
Additional states are eligible if approved by a majority of the
compacting states.
(b) As to any eligible party state, this Compact is effective when
its legislature enacts the same into law; however, it is not initially
effective until enacted into law by five (5) states prior to December
31, 1995.
(c) Amendments to the Compact shall become effective upon their
enactment by the legislatures of all compacting states.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-8
Withdrawal, default, and termination
Sec. 8. ARTICLE VII. WITHDRAWAL, DEFAULT, AND
TERMINATION. (a) Any compacting state may withdraw from this
Compact by enacting a statute repealing the Compact, but such
withdrawal shall not become effective until two (2) years after the
enactment of such statute. A withdrawing state shall be liable for any
obligations which it may have incurred on account of its party status
up to the effective date of withdrawal, except that if the withdrawing
state has specifically undertaken or committed itself to any
performance of an obligation extending beyond the effective date of
withdrawal, it shall remain liable to the extent of such obligation.
(b) 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, and the Commission shall stipulate the conditions
and maximum time for compliance under which the defaulting state
may resume its regular status. Unless such default is remedied under
the stipulations and within the time period set forth by the
Commission, this Compact may be terminated with respect to such
defaulting state by affirmative vote of a majority of the other member
states. Any such defaulting state may be reinstated by performing all
acts and obligations as stipulated by the Commission.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-9
Severability and construction
Sec. 9. ARTICLE VIII. SEVERABILITY AND
CONSTRUCTION. The provisions of this Compact entered into
hereunder shall be severable and if any phrase, clause, sentence, or
provision of this Compact is declared to be contrary to the
constitution of any compacting state or of the United States or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
Compact and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this Compact
entered into hereunder shall be held contrary to the constitution of
any compacting state, the Compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters. The provisions of this
Compact entered into pursuant hereto shall be liberally construed to
effectuate the purposes thereof.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-10
Indiana residents as members; terms; removal; vacancies
Sec. 10. (a) The five (5) residents of Indiana who shall serve as
members of the commission representing the state of Indiana are as
follows:
(1) The governor or the governor's designee. The term of the
governor or the governor's designee is the same as the
governor's term of office.
(2) One (1) member of the house of representatives appointed
by the speaker of the house of representatives for a two (2) year
term. A vacancy occurs if an appointee under this subdivision
ceases to be a member of the house of representatives.
(3) One (1) member of the senate appointed by the president pro
tempore of the senate for a two (2) year term. A vacancy occurs
if an appointee under this subdivision ceases to be a member of
the senate.
(4) Two (2) persons from the field of higher education
appointed by the governor as at-large members for a term of
four (4) years. A vacancy occurs if an appointee under this
subdivision leaves the field of higher education.
(b) A member serves at the pleasure of the appointing authority
and may be removed for any reason.
(c) A member serves until the expiration of the member's term or
the appointing authority appoints a successor, whichever is later.
However, this subsection does not apply if the vacancy occurs
because a member ceases to be the governor or a member of the
general assembly.
(d) The appointing authority shall fill a vacancy for the remainder
of the term of the vacating member.
As added by P.L.2-2007, SEC.269.