173.700. Midwestern higher education compact.
Midwestern higher education compact.
173.700. The following compact, as amended, is approvedand this state is declared to be a party thereto; andagreements, convenants and obligations therein are binding uponthe state of Missouri.
ARTICLE I. PURPOSE
The purpose of the Midwestern Higher Education Compact shallbe to provide greater higher education opportunities andservices in the Midwestern region, with the aim of furtheringregional access to, research in the choice of higher educationfor the citizens residing in the several states which areparties to this Compact.
ARTICLE II. THE COMMISSION
A. The compacting states hereby create the MidwesternHigher Education Commission, hereinafter called the Commission.The Commission shall be a body corporate of each compactingstate. The Commission shall have all the responsibilities,powers and duties set forth herein, including the power to sueand be sued, and such additional powers as may be conferred uponit by subsequent action of the respective legislatures of thecompacting states in accordance with the terms of this Compact.
B. The Commission shall consist of five resident members ofeach state as follows: The governor or the governor's designeewho shall serve during the tenure of office of the governor; twolegislators, one from each house (except Nebraska, which mayappoint two legislators from its Unicameral Legislature), whoshall serve two-year terms and be appointed by the appropriateappointing authority in each house of the legislature; and twoother at-large members, at least one of whom shall be selectedfrom the field of higher education. The at-large members shallbe appointed in a manner provided by the laws of the appointingstate. One of the two at-large members initially appointed ineach state shall serve a two-year term. The other, and anyregularly appointed successor to either at-large member, shallserve a four-year term. All vacancies shall be filled inaccordance with the laws of the appointing states. Anycommissioner appointed to fill a vacancy shall serve until theend of the incomplete term.
C. The Commission shall select annually, from among itsmembers, a chairperson, a vice chairperson and a treasurer.
D. The Commission shall appoint an executive director whoshall serve at its pleasure and who shall act as secretary tothe Commission. The treasurer, the executive director and suchother personnel as the Commission may determine, shall be bondedin such amounts as the Commission may require.
E. The Commission shall meet at least once each calendaryear. The chairperson may call additional meetings and, uponthe request of a majority of the Commission members of three ormore compacting states, shall call additional meetings. Publicnotice shall be given of all meetings and meetings shall be opento the public.
F. Each compacting state represented at any meeting of theCommission is entitled to one vote. A majority of thecompacting states shall constitute a quorum for the transactionof business, unless a larger quorum is required by the bylaws ofthe Commission.
ARTICLE III. POWERS AND DUTIES OF THE COMMISSION
A. The Commission shall adopt a seal and suitable bylawsgoverning its management and operations.
B. Irrespective of the civil service, personnel or othermerit system laws of any of the compacting states, theCommission in its bylaws shall provide for the personnelpolicies and programs of the Compact.
C. The Commission shall submit a budget to the governor andlegislature of each compacting state at such time and for suchperiod as may be required. The budget shall contain specificrecommendations of the amount or amounts to be appropriated byeach of the compacting states.
D. The Commission shall report annually to the legislaturesand governors of the compacting states, to the MidwesternGovernors' Conference and to the Midwestern LegislativeConference of the Council of State Governments concerning theactivities of the Commission during the preceding year. Suchreports shall also embody any recommendations that may have beenadopted by the Commission.
E. The Commission may borrow, accept, or contract for theservices of personnel from any state or the United States or anysubdivision or agency thereof, from any interstate agency, orfrom any institution, foundation, person, firm or corporation.
F. The Commission may accept for any of its purposes andfunctions under the Compact any and all donations, and grants ofmoney, equipment, supplies, materials and services (conditionalor otherwise) from any state or the United States or anysubdivision or agency thereof, or interstate agency, or from anyinstitution, foundation, person, firm, or corporation, and mayreceive, utilize and dispose of the same.
G. The Commission may enter into agreements with any otherinterstate education organizations or agencies and with highereducation institutions located in nonmember states and with anyof the various states of these United States to provide adequateprograms and services in higher education for the citizens ofthe respective compacting states. The Commission shall, afternegotiations with interested institutions and interstateorganizations or agencies, determine the cost of providing theprograms and services in higher education for use in theseagreements.
H. The Commission may establish and maintain offices, whichshall be located within one or more of the compacting states.
I. The Commission may establish committees and hire staffas it deems necessary for the carrying out of its functions.
J. The Commission may provide for actual and necessaryexpenses for attendance of its members at official meeting ofthe Commission or its designated committees.
ARTICLE IV. ACTIVITIES OF THE COMMISSION
A. The Commission shall collect data on the long-rangeeffects of the Compact on higher education. By the end of thefourth year from the effective date of the Compact and every twoyears thereafter, the Commission shall review itsaccomplishments and make recommendations to the governors andlegislators of the compacting states on the continuance of theCompact.
B. The Commission shall study issues in higher education ofparticular concern to the Midwestern region. The Commissionshall also study the needs for higher education programs andservices in the compacting states and the resources for meetingsuch needs. The Commission shall, from time to time, preparereports on such research for presentation to the governors andlegislatures of the compacting states and other interestedparties. In conducting such studies, the Commission may conferwith any national or regional planning body. The Commission maydraft and recommend to the governors and legislatures of thevarious compacting states suggested legislation dealing withproblems of higher education.
C. The Commission shall study the need for provision ofadequate programs and services in higher education, such asundergraduate, graduate or professional student exchanges in theregion. If a need for exchange in a field is apparent, theCommission may enter into such agreements with any highereducation institution and with any of the compacting states toprovide programs and services in higher education for thecitizens of the respective compacting states. The Commissionshall, after negotiations with interested institutions and thecompacting states, determine the cost of providing the programsand services in higher education for use in its agreements. Thecontracting states shall contribute the funds not otherwiseprovided, as determined by the Commission, for carrying out theagreements. The Commission may also serve as the administrativeand fiscal agent in carrying out agreements for higher educationprograms and services.
D. The Commission shall serve as a clearinghouse oninformation regarding higher education activities amonginstitutions and agencies.
E. In addition to the activities of the Commissionpreviously noted, the Commission may provide services andresearch in other areas of regional concern.
ARTICLE V. FINANCE
A. The monies necessary to finance the general operationsof the Commission not otherwise provided for in carrying forthits duties, responsibilities and powers as stated herein shallbe appropriated to the Commission by the compacting states, whenauthorized by the respective legislatures, by equalapportionment among the compacting states.
B. The Commission shall not incur any obligations of anykind prior to the making of appropriations adequate to meet thesame; nor shall the Commission pledge the credit of any of thecompacting states, except by and with the authority of thecompacting state.
C. The Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements ofthe Commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receiptsand disbursements of funds handled by the Commission shall beaudited yearly by a certified or licensed public accountant andthe report of the audit shall be included in and become part ofthe annual report of the Commission.
D. The accounts of the Commission shall be open at anyreasonable time for inspection by duly authorizedrepresentatives of the compacting states and persons authorizedby the Commission.
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 ofthe compacting states.
B. As to any eligible party state, this Compact shallbecome effective when its legislature shall have enacted thesame into law; provided that it shall not become initiallyeffective until enacted into law by five states prior to the31st day of December 1995.
C. Amendments to the Compact shall become effective upontheir enactment by the legislatures of all compacting states.
ARTICLE VII. WITHDRAWAL, DEFAULT AND TERMINATION
A. Any compacting state may withdraw from this Compact byenacting a statute repealing the Compact, but such withdrawalshall not become effective until two years after the enactmentof such statute. A withdrawing state shall be liable for anyobligations which it may have incurred on account of its partystatus up to the effective date of withdrawal, except that ifthe withdrawing state has specifically undertaken or committeditself to any performance of an obligation extending beyond theeffective date of withdrawal, it shall remain liable to theextent of such obligation.
B. If any compacting state shall at any time default in theperformance of any of its obligations, assumed or imposed, inaccordance with the provisions of this Compact, all rights,privileges and benefits conferred by this Compact or agreementshereunder shall be suspended from the effective date of suchdefault as fixed by the Commission, and the Commission shallstipulate the conditions and maximum time for compliance underwhich the defaulting state may resume its regular status.Unless such default shall be remedied under the stipulations andwithin the time period set forth by the Commission, this Compactmay be terminated with respect to such defaulting state byaffirmative vote of a majority of the other member states. Anysuch defaulting state may be reinstated by performing all actsand obligations as stipulated by the Commission.
ARTICLE VIII. SEVERABILITY AND CONSTRUCTION
The provisions of this Compact entered into hereunder shallbe severable and if any phrase, clause, sentence or provision ofthis Compact is declared to be contrary to the constitution ofany compacting state or of the United States or theapplicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder ofthis Compact and the applicability thereof to any government,agency, person or circumstance shall not be affected hereby. Ifthis Compact entered into hereunder shall be held contrary tothe constitution of any compacting state, the Compact shallremain in full force and effect as to the remaining states andin full force and effect as to the state affected as to allseverable matters. The provisions of this Compact entered intopursuant hereto shall be liberally construed to effectuate thepurposes thereof.
(L. 1990 H.B. 1142)*Contingent expiration date, see § 173.710