N.D. Cent. Code § 15-10.5-01 Midwestern regional higher education compact
15-10.5-01. Midwestern regional higher education compact
The midwestern regional higher education compact is adopted as follows:
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
states that are parties to this compact.
ARTICLE II - THE COMMISSION
1. The compacting states create the midwestern higher education commission,
hereinafter called the commission. The commission is a body corporate of each
compacting state. The commission has all the responsibilities, powers, and duties set
forth in this chapter, including the power to sue and be sued, and any additional
powers conferred upon it by subsequent action of the respective legislative assemblies
of the compacting states in accordance with the terms of this compact.
2. The commission consists of the following five resident members from each state: the
governor or the governor's designee who serves during the tenure of office of the
governor; two legislators, one from each house, except for Nebraska, which may
appoint two legislators from its legislative assembly, who serve two-year terms and are
appointed by the appropriate appointing authority in each house of the legislative
assembly; and two other at large members, at least one of whom is to be selected
from the field of higher education. The at large members are to be appointed as
provided by the laws of the appointing state. One of the two at large members initially
appointed in each state serves a two-year term. The other, and any regularly
appointed successor to either at large member, serves a four-year term. All vacancies
are to be filled in accordance with the laws of the appointing states. Any commissioner
appointed to fill a vacancy serves until the end of the incomplete term.
3. The commission shall select annually, from among its members, a chairman, a vice
chairman, and a treasurer.
4. The commission shall appoint an executive director who serves at its pleasure and
who is secretary to the commission. The treasurer, the executive director, and other
personnel as the commission determines must be bonded in the amounts required by
the commission.
5. The commission shall meet at least once each calendar year. The chairman 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. The commission shall
give public notice of all meetings. All meetings must be open to the public.
6. Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the commission.
ARTICLE III - POWERS AND DUTIES OF THE COMMISSION
1. The commission shall adopt bylaws governing its management and operations.
2. Notwithstanding the laws of any compacting state, the commission shall provide for
the personnel policies and programs of the compact in its bylaws.
3. The commission shall submit a budget to the governor and legislative assembly of
each compacting state at the time and for the period required by each state. The
budget must contain recommendations regarding the amount to be appropriated by
each compacting state.
4. The commission shall report annually to the legislative assemblies and governors of
the compacting states, to the midwestern governors' conference, and to the
midwestern legislative conference of the council of state governments regarding the
activities of the commission during the preceding year. The reports must include any
recommendations that have been adopted by the commission.
5. The commission may borrow, accept, or contract for the services of personnel from
any state or from the United States, or from any subdivision or agency thereof, from
any interstate agency, or from any person.
6. The commission may accept for any of its purposes and functions under the compact
donations and grants of money, equipment, supplies, materials, and services,
conditional or otherwise, from any state or the United States or from any subdivision or
agency thereof, from an interstate agency, or from any person, and may receive, use,
and dispose of the same.
7. The commission may enter agreements with any other interstate education
organization or agency, with institutions of higher education located in nonmember
states, and with any of the various states to provide adequate programs and services
in higher education for the citizens of the respective compacting states. After
negotiations with interested institutions and interstate organizations or agencies, the
commission shall determine the cost of providing the programs and services in higher
education for use in these agreements.
8. The commission may establish and maintain offices in one or more of the compacting
states.
9. The commission may establish committees and hire staff as necessary to carry out its
functions.
10. The commission may provide for actual and necessary expenses for the attendance of
its members at official meetings of the commission or of its designated committees.
ARTICLE IV - ACTIVITIES OF THE COMMISSION
1. 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 legislative assemblies of the compacting
states regarding continuance of the compact.
2. The commission shall study higher education issues that are of particular concern to
the midwestern region. The commission also shall study the need for higher education
programs and services in the compacting states and the resources for meeting those
needs. The commission shall prepare reports, on its research, for presentation to the
governors and legislative assemblies of the compacting states, as well as to other
interested parties. In conducting the studies, the commission may confer with any
national or regional planning body. The commission may draft and recommend to the
governors and legislative assemblies of the various compacting states suggested
legislation addressing issues in higher education.
3. The commission shall study the need for the 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 agreements with any institution of higher education and with any
compacting state to provide programs and services in higher education for the citizens
of the respective compacting states. After negotiating with interested institutions and
the compacting states, the commission shall determine the cost of providing the
programs and services in higher education for use in its agreements. The contracting
states shall contribute funds not otherwise provided, as determined by the
commission, to carry out the agreements. The commission may also serve as the
administrative and fiscal agent in carrying out agreements for higher education
programs and services.
4. The commission shall serve as a clearinghouse for information regarding higher
education activities among institutions and agencies.
5. The commission may provide services and research in any other area of regional
concern.
ARTICLE V - FINANCE
1. The compacting states will appropriate the amount necessary to finance the general
operations of the commission, not otherwise provided for, when authorized by their
respective legislative assemblies. The amount must be apportioned equally among the
compacting states.
2. The commission may not incur any obligations prior to the passage of appropriations
adequate to meet the same; nor may the commission pledge the credit of any of the
compacting states, except by and with the authority of the compacting state.
3. The commission shall keep accurate accounts of its receipts and disbursements. The
receipts and disbursements of the commission are subject to the audit and accounting
procedures established under its bylaws. All receipts and disbursements handled by
the commission must be audited yearly by a certified or licensed public accountant and
the report of the audit must be included in and become part of the annual report of the
commission.
4. The accounts of the commission must be open at any reasonable time for inspection
by duly authorized representatives of the compacting states and by persons
authorized by the commission.
ARTICLE VI - ELIGIBLE PARTIES AND ENTRY INTO FORCE
1. The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska,
North Dakota, Ohio, South Dakota, and Wisconsin are eligible to become parties to
this compact. Additional states may be eligible if approved by a majority of the
compacting states.
2. This compact becomes effective, as to any eligible party state, when its legislative
assembly enacts the compact into law.
3. An amendment to the compact becomes effective upon its enactment by the legislative
assemblies of all compacting states.
ARTICLE VII - WITHDRAWAL, DEFAULT, AND TERMINATION
1. A compacting state may withdraw from the compact by enacting a statute repealing
the compact, but the withdrawal may not become effective until two years after the
enactment of such statute. A withdrawing state is liable for any obligation that it
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
remains liable to the extent of the obligation.
2. If a compacting state at any time defaults in the performance of its obligations,
assumed or imposed, in accordance with this compact, all rights, privileges, and
benefits conferred by this compact or by agreements made under the compact are
suspended from the effective date of the default, as fixed by the commission. The
commission shall stipulate the conditions and maximum time for compliance under
which the defaulting state may resume its regular status. Unless the default is
remedied under the stipulations and within the time period set by the commission, the
compact may be terminated with respect to the defaulting state by affirmative vote of a
majority of the other member states. A defaulting state may be reinstated by
performing all acts and obligations required by the commission.
ARTICLE VIII - SEVERABILITY AND CONSTRUCTION
The provisions of this compact are 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 its applicability to any person or circumstance is held invalid, the
validity of the remainder of the compact and its applicability to any person or circumstance may
not be affected. If the compact is found to be contrary to the constitution of any compacting
state, the compact remains 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 the compact must be
liberally construed to effectuate the purpose of the compact.