[§304A-3202]  Terms and provisions ofcompact.  The terms and provisions of the Compact referred to in section[304A-3201] are as follows:

WESTERNREGIONAL EDUCATION COMPACT

The contracting states do hereby agree asfollows:

ARTICLE I

WHEREAS, the future of this Nation and of theWestern States is dependent upon the quality of the education of its youth; and

WHEREAS, many of the Western Statesindividually do not have sufficient numbers of potential students to warrantthe establishment and maintenance within their borders of adequate facilitiesin all of the essential fields of technical, professional, and graduatetraining, nor do all the states have the financial ability to furnish withintheir borders institutions capable of providing acceptable standards oftraining 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 provideacceptable and efficient educational facilities to meet the needs of the Regionand of the students thereof;

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

ARTICLE II

Each of the compacting states and the Territoryof Hawaii pledges to each of the other compacting states and territory faithfulcooperation in carrying out all the purposes of this compact.

ARTICLE III

The compacting states and territory herebycreate the Western Interstate Commission for Higher Education, hereinaftercalled the commission.  Said commission shall be a body corporate of eachcompacting state and territory and an agency thereof.  The commission shallhave all the powers and duties set forth herein, including the power to sue andbe sued, and such additional powers as may be conferred upon it by subsequentaction of the respective legislatures of the compacting states and territories.

ARTICLE IV

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

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

The terms of each commissioner shall be fouryears: Provided, however, that the first three commissioners shall be appointedas 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 andqualified.  If any office becomes vacant for any reason, the governor shallappoint a commissioner to fill the office for the remainder of the unexpiredterm.

ARTICLE V

Any business transacted at any meeting of thecommission must be by affirmative vote of a majority of the whole number ofcompacting states and the Territory of Hawaii.

One or more commissioners from a majority ofthe compacting states and territory shall constitute a quorum for thetransaction of business.

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

ARTICLE VI

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

The commissioners shall serve withoutcompensation, but shall be reimbursed for their actual and necessary expensesfrom the funds of the commission.

ARTICLE VII

The commission shall adopt a seal and bylawsand shall adopt and promulgate rules and regulations for its management andcontrol.

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

The commission shall establish and maintain anoffice within one of the compacting states for the transaction of its businessand may meet at any time, but in any event must meet at least once a year.  Thechairman may call such additional meetings and upon the request of a majorityof the commissioners of three or more compacting states or the Territory of Hawaii shall call additional meetings.

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

The commission shall, after negotiations withinterested institutions, determine the cost of providing the facilities forgraduate and professional education for use in its contractual agreementsthroughout the Region.

On or before the fifteenth day of January ofeach year, the commission shall submit to the Governors and Legislatures of thecompacting states and territory a report of its activities for the precedingcalendar year.

The commission shall keep accurate books ofaccount, showing in full its receipts and disbursements, and said books ofaccount shall be open at any reasonable time for inspection by the Governor ofany compacting state or territory or the governor's designated representative. The commission shall not be subject to the audit and accounting procedure ofany of the compacting states or territory.  The commission shall provide for anindependent annual audit.

ARTICLE VIII

It shall be the duty of the commission to enterinto such contractual agreements with any institution in the region offeringgraduate or professional education and with any of the compacting states orterritory as may be required in the judgment of the commission to provideadequate services and facilities of graduate and professional education for thecitizens of the respective compacting states or territories.  The commissionshall first endeavor to provide adequate services and facilities in the fieldsof dentistry, medicine, public health and veterinary medicine, and mayundertake similar activities in other professional and graduate fields.

For this purpose the commission may enter intocontractual agreements.

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

(b)  With the governing authority of anyeducational institution in the region or with any compacting state or territoryto assist in the placement of graduate or professional students in educationalinstitutions in the region providing the desired services and facilities, uponsuch terms and conditions as the commission may prescribe.

It shall be the duty of the commission toundertake studies of needs for professional and graduate educational facilitiesin the region, the resources for meeting such needs, and the long-range effectsof the compact on higher education; and from time to time to preparecomprehensive reports on such research for presentation to the WesternGovernors' Conference and to the legislatures of the compacting states and territory. In conducting such studies, the commission may confer with any national orregional planning body which may be established.  The commission shall draftand recommend to the governors of the various compacting states and territory,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 theseveral compacting states and the Territory of Hawaii.

ARTICLE IX

The operating costs of the commission shall beapportioned equally among the compacting states and the Territory of Hawaii.

ARTICLE X

This compact shall become operative and bindingimmediately as to those states and territories adopting it whenever five ormore of the states of Alaska, Arizona, California, Colorado, Idaho, Montana,Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and the Territory ofHawaii have duly adopted it prior to July 1, 1953.  This compact shallbecome effective as to any additional states or territories adopting thereafterat the time of such adoption.

ARTICLE XI

This compact may be terminated at any time byconsent of a majority of the compacting states and territory.  Consent shall bemanifested by passage and signature in the usual manner of legislationexpressing such consent by the legislature and governor of such terminatingstate.  Any state or territory may at any time withdraw from this compact bymeans of appropriate legislation to that end.  Such withdrawal shall not becomeeffective until two years after written notice thereof by the governor of thewithdrawing state or territory accompanied by a certified copy of the requisitelegislative action is received by the commission.  Such withdrawal shall notrelieve the withdrawing state or territory from its obligations hereunderaccruing prior to the effective date of withdrawal.  The withdrawing state orterritory may rescind its action of withdrawal at any time within the two-yearperiod.  Thereafter, the withdrawing state or territory may be reinstated byapplication to and the approval by a majority vote of the commission.

ARTICLE XII

If any compacting state or territory shall atany time default in the performance of any of its obligations assumed orimposed in accordance with the provisions of this compact, all rights,privileges and benefits conferred by this compact or agreements hereunder shallbe suspended from the effective date of such default as fixed by thecommission.

Unless such default shall be remedied within aperiod of two years following the effective date of such default, this compactmay be terminated with respect to such defaulting state or territory byaffirmative vote of three-fourths of the other member states or territories.

Any such defaulting state may be reinstatedby:  (a) performing all acts and obligations upon which it has heretoforedefaulted, and (b) application to and the approval by a majority vote of thecommission. [L 2006, c 75, pt of §2]