CHAPTER 3. MIDWESTERN HIGHER EDUCATION COMPACT
IC 21-28-3
Chapter 3. Midwestern Higher Education Compact
IC 21-28-3-1
Enactment
Sec. 1. The Midwestern Higher Education Compact is enactedinto law and entered into by the state of Indiana with all otherjurisdictions legally joining the compact in the form substantially asprovided in sections 2 through 9 of this chapter.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-2
Purpose
Sec. 2. ARTICLE I. PURPOSE. The purpose of the MidwesternHigher Education Compact is to provide greater higher educationopportunities and services in the midwestern region, with the aim offurthering regional access to, research in, and choice of highereducation for the citizens residing in the several states which areparties to this Compact.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-3
The commission
Sec. 3. ARTICLE II. THE COMMISSION. (a) The compactingstates hereby create the Midwestern Higher Education Commission,hereinafter called the Commission. The Commission shall be a bodycorporate of each compacting state. The Commission shall have allthe responsibilities, powers, and duties set forth herein, including thepower to sue and be sued, and such additional powers as may beconferred upon it by subsequent action of the respective legislaturesof the compacting states in accordance with the terms of thisCompact.
(b) The Commission shall consist of five (5) resident members ofeach state as follows: the governor or the governor's designee whoshall serve during the tenure of office of the governor; two (2)legislators, one (1) from each house (except Nebraska, which mayappoint two (2) legislators from its Unicameral Legislature), whoshall serve two (2) year terms and be appointed by the appropriateappointing authority in each house of the legislature; and two (2)other at-large members, at least one (1) of whom shall be selectedfrom the field of higher education. The at-large members shall beappointed in a manner provided by the laws of the appointing state.One (1) of the two (2) at-large members initially appointed in eachstate shall serve a two (2) year term. The other member, and anyregularly appointed successor to either at-large member, shall servea four (4) year term. All vacancies shall be filled in accordance withthe laws of the appointing states. Any commissioner appointed to filla vacancy shall serve until the end 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 who shallserve at the Commission's pleasure and who shall act as secretary tothe Commission. The treasurer, the executive director, and such otherpersonnel as the Commission may determine shall be bonded in suchamounts 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 requestof a majority of the Commission members of three (3) or morecompacting states, shall call additional meetings. Public notice shallbe given of all meetings, and meetings shall be open to the public.
(f) Each compacting state represented at any meeting of theCommission is entitled to one (1) vote. A majority of the compactingstates shall constitute a quorum for the transaction of business, unlessa larger quorum is required by the bylaws of the Commission.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-4
Powers and duties of the commission
Sec. 4. ARTICLE III. POWERS AND DUTIES OF THECOMMISSION. (a) The Commission shall adopt a seal and suitablebylaws governing its management and operations.
(b) Irrespective of the civil service, personnel, or other meritsystem laws of any of the compacting states, the Commission in itsbylaws shall provide for the personnel policies and programs of theCompact.
(c) The Commission shall submit a budget to the governor andlegislature of each compacting state at such time and for such periodas 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 legislatures andgovernors of the compacting states, to the Midwestern Governors'Conference, and to the Midwestern Legislative Conference of theCouncil of State Governments concerning the activities of theCommission during the preceding year. Such reports shall alsoembody any recommendations that may have been adopted by theCommission.
(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, or fromany 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 (conditional orotherwise) from any state or the United States or any subdivision oragency 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 otherinterstate education organizations or agencies and with higher
education institutions located in nonmember states and with any ofthe various states of these United States to provide adequateprograms and services in higher education for the citizens of therespective compacting states. The Commission shall, afternegotiations with interested institutions and interstate organizationsor agencies, determine the cost of providing the programs andservices in higher education for use of these agreements.
(h) The Commission may establish and maintain offices, whichshall be located within one (1) or more of the compacting states.
(i) The Commission may establish committees and hire staff as itconsiders necessary for the carrying out of its functions.
(j) The Commission may provide for actual and necessaryexpenses for attendance of its members at official meetings of theCommission or its designated committees.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-5
Activities of the commission
Sec. 5. ARTICLE IV. ACTIVITIES OF THE COMMISSION. (a)The Commission shall collect data on the long-range effects of theCompact on higher education. By the end of the fourth year from theeffective date of the Compact and every two (2) years thereafter, theCommission shall review its accomplishments and makerecommendations to the governors and legislatures of the compactingstates on the continuance of the Compact.
(b) The Commission shall study issues in higher education ofparticular concern to the Midwestern region. The Commission shallalso study the needs for higher education programs and services incompacting states and the resources for meeting such needs. TheCommission shall from time to time prepare reports on such researchfor presentation to the governors and legislatures of the compactingstates and other interested parties. In conducting such studies, theCommission may confer with any national or regional planning body.The Commission may draft and recommend to the governors andlegislatures of the various compacting states suggested legislationdealing with problems 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, the Commissionmay enter into such agreements with any higher education institutionand with any of the compacting states to provide programs andservices in higher education for the citizens of the respectivecompacting states. The Commission shall, after negotiations withinterested institutions and the compacting states, determine the costsof providing the programs and services in higher education for usein its agreements. The contracting states shall contribute the fundsnot otherwise provided, as determined by the Commission, forcarrying out the agreements. The Commission may also serve as theadministrative and fiscal agent in carrying out agreements for higher
education programs and services.
(d) The Commission shall serve as a clearinghouse on informationregarding higher education activities among institutions andagencies.
(e) In addition to the activities of the Commission previouslynoted, the Commission may provide services and research in otherareas of regional concern.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-6
Finance
Sec. 6. ARTICLE V. FINANCE. (a) The money necessary tofinance the general operations of the Commission not otherwiseprovided for in carrying forth its duties, responsibilities, and powersas stated in this chapter shall be appropriated to the Commission bythe compacting states, when authorized by the respective legislaturesby equal apportionment among the compacting states.
(b) The Commission shall not incur any obligations of any kindprior to the making of appropriations adequate to meet the same; norshall the Commission pledge the credit of any of the compactingstates, except by and with the authority of the compacting state.
(c) The Commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of theCommission shall be subject to the audit and accounting proceduresestablished under its bylaws. However, all receipts anddisbursements of funds handled by the Commission shall be auditedyearly by a certified or licensed public accountant, and the report ofthe audit shall be included in and become part of the annual report ofthe Commission.
(d) The accounts of the Commission shall be open at anyreasonable time for inspection by duly authorized representatives ofthe compacting states and persons authorized by the Commission.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-7
Eligible parties and entry into force
Sec. 7. ARTICLE VI. ELIGIBLE PARTIES AND ENTRY INTOFORCE. (a) The states of Illinois, Indiana, Iowa, Kansas, Michigan,Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota,and Wisconsin are eligible to become party to this Compact.Additional states are eligible if approved by a majority of thecompacting states.
(b) As to any eligible party state, this Compact is effective whenits legislature enacts the same into law; however, it is not initiallyeffective until enacted into law by five (5) states prior to December31, 1995.
(c) Amendments to the Compact shall become effective upon theirenactment by the legislatures of all compacting states.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-8
Withdrawal, default, and termination
Sec. 8. ARTICLE VII. WITHDRAWAL, DEFAULT, ANDTERMINATION. (a) Any compacting state may withdraw from thisCompact by enacting a statute repealing the Compact, but suchwithdrawal shall not become effective until two (2) years after theenactment of such statute. A withdrawing state shall be liable for anyobligations which it may have incurred on account of its party statusup to the effective date of withdrawal, except that if the withdrawingstate has specifically undertaken or committed itself to anyperformance of an obligation extending beyond the effective date ofwithdrawal, it shall remain liable to the extent 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 agreements hereundershall be suspended from the effective date of such default as fixed bythe Commission, and the Commission shall stipulate the conditionsand maximum time for compliance under which the defaulting statemay resume its regular status. Unless such default is remedied underthe stipulations and within the time period set forth by theCommission, this Compact may be terminated with respect to suchdefaulting state by affirmative vote of a majority of the other memberstates. Any such defaulting state may be reinstated by performing allacts and obligations as stipulated by the Commission.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-9
Severability and construction
Sec. 9. ARTICLE VIII. SEVERABILITY ANDCONSTRUCTION. The provisions of this Compact entered intohereunder shall be severable and if any phrase, clause, sentence, orprovision of this Compact is declared to be contrary to theconstitution of any compacting state or of the United States or theapplicability thereof to any government, agency, person, orcircumstance is held invalid, the validity of the remainder of thisCompact and the applicability thereof to any government, agency,person, or circumstance shall not be affected thereby. If this Compactentered into hereunder shall be held contrary to the constitution ofany compacting state, the Compact shall remain in full force andeffect as to the remaining states and in full force and effect as to thestate affected as to all severable matters. The provisions of thisCompact entered into pursuant hereto shall be liberally construed toeffectuate the purposes thereof.
As added by P.L.2-2007, SEC.269.
IC 21-28-3-10
Indiana residents as members; terms; removal; vacancies
Sec. 10. (a) The five (5) residents of Indiana who shall serve asmembers of the commission representing the state of Indiana are as
follows:
(1) The governor or the governor's designee. The term of thegovernor or the governor's designee is the same as thegovernor's term of office.
(2) One (1) member of the house of representatives appointedby the speaker of the house of representatives for a two (2) yearterm. A vacancy occurs if an appointee under this subdivisionceases to be a member of the house of representatives.
(3) One (1) member of the senate appointed by the president protempore of the senate for a two (2) year term. A vacancy occursif an appointee under this subdivision ceases to be a member ofthe senate.
(4) Two (2) persons from the field of higher educationappointed by the governor as at-large members for a term offour (4) years. A vacancy occurs if an appointee under thissubdivision leaves the field of higher education.
(b) A member serves at the pleasure of the appointing authorityand may be removed for any reason.
(c) A member serves until the expiration of the member's term orthe appointing authority appoints a successor, whichever is later.However, this subsection does not apply if the vacancy occursbecause a member ceases to be the governor or a member of thegeneral assembly.
(d) The appointing authority shall fill a vacancy for the remainderof the term of the vacating member.
As added by P.L.2-2007, SEC.269.