15-1742

15-1742. Authority of governor to enter
compact; terms of compact

The governor, for and in behalf of the state, may enter into compacts for western
regional cooperation in higher education with the states of Alaska, California, Colorado,
Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming, or any
one or more of such states or territories. Under such compacts, the following covenants
may be agreed to:

ARTICLE I

Whereas, the future of this nation and of the western states is dependent upon the
quality of the education of its youth; and

Whereas, many of the western states individually do not have sufficient numbers of
potential students to warrant the establishment and maintenance within their borders of
adequate facilities in all of the essential fields of technical, professional and
graduate training, nor do all of the states have the financial ability to furnish within
their borders institutions capable of providing acceptable standards of training in all
of the fields mentioned above; and

Whereas, it is believed that the western states, or groups of such states within the
region, cooperatively can provide acceptable and efficient educational facilities to meet
the needs of the region and of the students thereof:

Now, therefore, the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming do hereby covenant and
agree as follows:

ARTICLE II

Each of the compacting states and territories pledges to each of the other
compacting states and territories faithful cooperation in carrying out all the purposes
of this compact.

ARTICLE III

The compacting states and territories hereby create the western interstate
commission for higher education, hereinafter called the commission. Said commission
shall be a body corporate of each compacting state and territory and an agency
thereof. The commission shall have all the 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 and
territories.

ARTICLE IV

The commission shall consist of three resident members from each compacting state or
territory. At all times one commissioner from each compacting state or territory shall
be an educator engaged in the field of higher education in the state or territory from
which he is appointed.

The commissioners from each state and territory shall be appointed by the governor
thereof as provided by law in such state or territory. Any commissioner may be removed
or suspended from office as provided by the law of the state or territory from which he
shall have been appointed.

The terms of each commissioner shall be four years; provided however that the first
three commissioners shall be appointed as follows: one for two years, one for three
years and one for four years. Each commissioner shall hold office until his successor
shall be appointed and qualified. If any office becomes vacant for any reason, the
governor shall appoint a commissioner to fill the office for the remainder of the
unexpired term.

ARTICLE V

Any business transacted at any meeting of the commission must be by affirmative vote
of a majority of the whole number of compacting states and territories.

One or more commissioners from a majority of the compacting states and territories
shall constitute a quorum for the transaction of business.

Each compacting state and territory represented at any meeting of the commission is
entitled to one vote.

ARTICLE VI

The commission shall elect from its number a chairman and a vice-chairman, and may
appoint, and at its pleasure dismiss or remove, such officers, agents and employees as
may be required to carry out the purpose of this compact; and shall fix and determine
their duties, qualifications and compensation, having due regard for the importance of
the responsibilities involved.

The commissioners shall serve without compensation but shall be reimbursed for their
actual and necessary expenses from the funds of the commission.

ARTICLE VII

The commission shall adopt a seal and bylaws and shall adopt and promulgate rules
and regulations for its management and control.

The commission may elect such committees as it deems necessary for the carrying out
of its functions.

The commission shall establish and maintain an office within one of the compacting
states for the transaction of its business and may meet at any time, but in any event
must meet at least once a year. The chairman may call such additional meetings and upon
the request of a majority of the commissioners of three or more compacting states or
territories shall call additional meetings.

The commission shall submit a budget to the governor of each compacting state and
territory at such time and for such period as may be required.

The commission shall, after negotiations with interested institutions, determine the
cost of providing the facilities for graduate and professional education for use in its
contractual agreements throughout the region.

On or before the fifteenth day of January of each year, the commission shall submit
to the governors and legislatures of the compacting states and territories a report of
its activities for the preceding calendar year.

The commission shall keep accurate books of account, showing in full its receipts
and disbursements, and said books of account shall be open at any reasonable time for
inspection by the governor of any compacting state or territory or his designated
representative. The commission shall not be subject to the audit and accounting
procedure of any of the compacting states or territories. The commission shall provide
for an independent annual audit.

ARTICLE VIII

It shall be the duty of the commission to enter into such contractual agreements
with any institutions in the region offering graduate or professional education and with
any of the compacting states or territories as may be required in the judgment of the
commission to provide adequate services and facilities of graduate and professional
education for the citizens of the respective compacting states or territories. The
commission shall first endeavor to provide adequate services and facilities in the fields
of dentistry, medicine, public health and veterinary medicine and may undertake similar
activities in other professional and graduate fields.

For this purpose the commission may enter into contractual agreements:

(a) With the governing authority of any educational institution in the region or
with any compacting state or territory to provide such graduate or professional
educational services upon terms and conditions to be agreed upon between contracting
parties, and

(b) With the governing authority of any educational institution in the region or
with any compacting state or territory to assist in the placement of graduate or
professional students in educational institutions in the region providing the desired
services and facilities, upon such terms and conditions as the commission may prescribe.

It shall be the duty of the commission to undertake studies of needs for
professional and graduate educational facilities in the region, the resources for meeting
such needs and the long-range effects of the compact on higher education; and from time
to time to prepare comprehensive reports on such research for presentation to the western
governors' conference and to the legislatures of the compacting states and
territories. In conducting such studies, the commission may confer with any national or
regional planning body which may be established. The commission shall draft and
recommend to the governors of the various compacting states and territories uniform
legislation dealing with problems of higher education in the region.

For the purposes of this compact the word "region" shall be construed to mean the
geographical limits of the several compacting states and territories.

ARTICLE IX

The operating costs of the commission shall be apportioned equally among the
compacting states and territories.

ARTICLE X

This compact shall become operative and binding immediately as to those states and
territories adopting it whenever five or more of the states of Alaska, Arizona,
California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington and Wyoming have duly adopted it prior to July 1, 1953. This compact shall
become effective as to any additional states or territories adopting thereafter at the
time of such adoption.

ARTICLE XI

This compact may be terminated at any time by consent of a majority of the
compacting states or territories. Consent shall be manifested by passage and signature
in the usual manner of legislation expressing such consent by the legislature and
governor of such terminating state. Any state or territory may at any time withdraw from
this compact by means of appropriate legislation to that end. Such withdrawal shall not
become effective until two years after written notice thereof by the governor of the
withdrawing state or territory, accompanied by a certified copy of the requisite
legislative action, is received by the commission. Such withdrawal shall not relieve the
withdrawing state or territory from its obligations hereunder accruing prior to the
effective date of withdrawal. The withdrawing state or territory may rescind its action
of withdrawal at any time within the two year period. Thereafter, the withdrawing state
or territory may be reinstated by application to and the approval by a majority vote of
the commission.

ARTICLE XII

If any compacting state or territory 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.

Unless such default shall be remedied within a period of two years following the
effective date of such default, this compact may be terminated with respect to such
defaulting state or territory by affirmative vote of three-fourths of the other member
states or territories.

Any such defaulting state may be reinstated by performing all acts and obligations
upon which it has heretofore defaulted and by application to and the approval by a
majority vote of the commission.