261D.2 - MIDWESTERN HIGHER EDUCATION COMPACT.
261D.2 MIDWESTERN HIGHER EDUCATION COMPACT.
The midwestern higher education compact is entered into with all
other states which enter into the compact in substantially the
following form:
1. Article I -- Purpose. The purpose of the midwestern
higher education compact shall be 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.
2. Article II -- The commission.
a. The compacting states create the midwestern higher
education commission. The commission shall be a body corporate of
each compacting state. The commission shall have all the
responsibilities, powers, and duties set forth in this chapter,
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 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
legislators, one from each house (except Nebraska, which may appoint
two legislators from its unicameral legislature), who shall serve
two-year terms and be appointed by the appropriate appointing
authority in each house of the legislature; and two other at-large
members, at least one 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 of the two
at-large members initially appointed in each state shall serve a
two-year term. The other, and any regularly appointed successor to
either at-large member, shall serve a four-year term. All vacancies
shall be filled in accordance with the laws of the appointed 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 its 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 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 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.
3. 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, 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 or more of the compacting states.
i. The commission may establish committees and hire staff as
it deems 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.
4. 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 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
the 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 redraft 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.
5. Article V -- Finance.
a. The moneys necessary to finance the general operations of
the commission, not otherwise provided for, in carrying forth its
duties, responsibilities, and powers as stated herein 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.
6. 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 shall be eligible to become party to this compact.
Additional states will be eligible if approved by a majority of the
compacting states.
b. As to any eligible party state, this compact shall become
effective when its legislature shall have enacted the same into law.
c. Amendments to the compact shall become effective upon
their enactment by the legislatures of all compacting states.
7. 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 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 shall be
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.
8. Article VIII -- Severability and construction.
a. 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.
b. This compact is now in full force and effect, having been
approved by the governors and legislatures of more than five of the
eligible states. Section History: Recent Form
2005 Acts, ch 145, § 2; 2008 Acts, ch 1032, § 201