State Codes and Statutes

Statutes > Kansas > Chapter72 > Article60b > Statutes_30607

72-60b01

Chapter 72.--SCHOOLS
Article 60b.--MIDWESTERN HIGHER EDUCATION COMPACT

      72-60b01.   Text of compact.The midwestern higher education compact is hereby enactedinto law and entered into with all jurisdictions legally joining therein,in the form substantially as follows:

MIDWESTERN HIGHER EDUCATION COMPACT
Article I.--Purpose

      The purpose of the Midwestern Higher Education Compact shall be toprovide greater higher education opportunities and services in theMidwestern region, with the aim of furthering regional access to, researchin and choice of higher education for the citizens residing in the severalstates which are parties to this Compact.

Article II.--The Commission

      (A)   The compacting states hereby create the Midwestern Higher EducationCommission, hereinafter called the Commission. The Commission shall be abody corporate of each compacting state. The Commission shall have allthe responsibilities, powers and duties set forth herein, including the powerto sue and be sued, and such additional powers as may be conferred upon itby subsequent action of the respective legislatures of the compactingstates in accordance with the terms of this Compact.

      (B)   The Commission shall consist of five resident members of each stateas follows: the governor or the governor's designee who shall serve duringthe tenure of office of the governor; two legislators, one from each house(except Nebraska, which may appoint two legislators from its UnicameralLegislature), who shall serve two-year terms and be appointed by theappropriate appointing authority in each house of the legislature; and twoother at-large members, at least one of whom shall be selected from thefield of higher education. The at-large members shall be appointed in amanner provided by the laws of the appointing state. One of the twoat-large members initially appointed in each state shall serve a two-yearterm. The other, and any regularly appointed successor to either at-largemember, shall serve a four-year term. All vacancies shall be filled inaccordance with the laws of the appointing states. Any commissionerappointed to fill a vacancy shall serve until the end of the incomplete term.

      (C)   The Commission shall select annually, from among its members, achairperson, a vice chairperson and a treasurer.

      (D)   The Commission shall appoint an executive director who shall serveat its pleasure and who shall act as secretary to the Commission. Thetreasurer, the executive director and such other personnel as theCommission may determine, shall be bonded in such amounts as the Commission may require.

      (E)   The Commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of amajority of the Commission members of three or more compacting states,shall call additional meetings. Public notice shall be given of allmeetings and meetings shall be open to the public.

      (F)   Each compacting state represented at any meeting of the Commissionis entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorumis required by the bylaws of the Commission.

Article III.--Powers and Duties of the Commission

      (A)   The Commission shall adopt a seal and suitable bylaws governing itsmanagement and operations.

      (B)   Irrespective of the civil service, personnel or other merit systemlaws of any of the compacting states, the Commission in its bylaws shallprovide for the personnel policies and programs of the Compact.

      (C)   The Commission shall submit a budget to the governor and legislatureof each compacting state at such time and for such period as may berequired. The budget shall contain specific recommendations of the amountor amounts to be appropriated by each of the compacting states.

      (D)   The Commission shall report annually to the legislatures andgovernors of the compacting states, to the Midwestern Governors' Conferenceand to the Midwestern Legislative Conference of the Council of StateGovernments concerning the activities of the Commission during thepreceding year. Such reports shallalso embody any recommendations that may have been adopted by the Commission.

      (E)   The Commission may borrow, accept, or contract for the services ofpersonnel from any state or the United States or any subdivision or agencythereof, from any interstate agency, or from any institution, foundation,person, firm or corporation.

      (F)   The Commission may accept for any of its purposes and functionsunder the Compact any and all donations, and grants of money, equipment,supplies, materials and services (conditional or otherwise) from any stateor the United States or any subdivision or agency thereof, or interstateagency, 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 other interstateeducation organizations or agencies and with higher education institutionslocated in non-member states and with any of the various states of theseUnited States to provide adequate programs and services in higher educationfor the citizens of the respective compacting states. The Commissionshall, after negotiations with interested institutions and interstateorganizations or agencies, determine the cost of providing the programs andservices in higher education for use in these agreements.

      (H)   The Commission may establish and maintain offices, which shall belocated within one or more of the compacting states.

      (I)   The Commission may establish committees and hire staff as it deemsnecessary for the carrying out of its functions.

      (J)   The Commission may provide for actual and necessary expenses forattendance of its members at official meetings of the Commission or itsdesignated committees.

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 years thereafter, theCommission shall review its accomplishments and make recommendations to thegovernors and legislatures of the compacting states on the continuance of the Compact.

      (B)   The Commission shall study issues in higher education of particularconcern to the Midwestern region. The Commission shall also study theneeds for higher education programs and services in the compacting statesand the resources for meeting such needs. The Commission shall, from timeto time, prepare reports on such research for presentation to the governorsand legislatures of the compacting states and other interested parties. Inconducting such studies, the Commission may confer with any national orregional planning body. The Commission may draft and recommend to thegovernors and legislatures of the various compacting states suggestedlegislation dealing with problems of higher education.

      (C)   The Commission shall study the need for provision of adequateprograms and services in higher education, such as undergraduate, graduateor professional student exchanges in the region. If a need for exchange ina field is apparent, the Commission may enter into such agreements with anyhigher education institution and with any of the compacting states toprovide programs and services in higher education for the citizens of therespective compacting states. The Commission shall, after negotiationswith interested institutions and the compacting states, determine the costof providing the programs and services in higher education for use in itsagreements. The contracting states shall contribute the funds nototherwise provided, as determined by the Commission, for carrying out theagreements. The Commission may also serve as the administrative and fiscalagent 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 and agencies.

      (E)   In addition to the activities of the Commission previously noted,the Commission may provide services and research in other areas of regional concern.

Article V.--Finance

      (A)   The monies necessary to finance the general operations of theCommission not otherwise provided for in carrying forth its duties,responsibilities and powers as stated herein shall be appropriated to theCommission by the compacting states, when authorized by the respectivelegislatures, by equal apportionment among the compacting states.

      (B)   The Commission shall not incur any obligations of any kind prior tothe making of appropriations adequate to meet the same; nor shall theCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.

      (C)   The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theCommission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become partof the annual report of the Commission.

      (D)   The accounts of the Commission shall be open at any reasonable timefor inspection by duly authorized representatives of the compacting statesand persons authorized by 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 shallbe eligible to become party to this Compact. Additional states will beeligible if approved by a majority of the compacting states.

      (B)   As to any eligible party state, this Compact shall become effectivewhen its legislature shall have enacted the same into law; provided that itshall not become initially effective until enacted into law by five statesprior to the 31st day of December 1995.

      (C)   Amendments to the Compact shall become effective upon theirenactment by the legislatures of all compacting states.

Article VII.--Withdrawal, Default and Termination

      (A)   Any compacting state may withdraw from this Compact by enacting astatute repealing the Compact, but such withdrawal shall not becomeeffective until two years after the enactment of such statute. Awithdrawing state shall be liable for any obligations which it may haveincurred on account of its party status up to the effective date ofwithdrawal, except that if the withdrawing state has specificallyundertaken or committed itself to any performance of an obligationextending beyond the effective date of withdrawal, it shall remain liableto the extent of such obligation.

      (B)   If any compacting state shall at any time default in the performanceof any of its obligations, assumed or imposed, in accordance with theprovisions of this Compact, all rights, privileges and benefits conferredby this Compact or agreements hereunder shall be suspended from theeffective date of such default as fixed by the Commission, and theCommission shall stipulate the conditions and maximum time for complianceunder which the defaulting state may resume its regular status. Unlesssuch default shall be remedied under the stipulations and within the timeperiod set forth by the Commission, this Compact may be terminated withrespect to such defaulting state by affirmative vote of a majority of theother member states. Any such defaulting state may be reinstated byperforming all acts and obligations as stipulated by the Commission.

Article VIII.--Severability and Construction

      The provisions of this Compact entered into hereunder shall be severableand if any phrase, clause, sentence or provision of this Compact isdeclared to be contrary to the constitution of any compacting state or ofthe United States or the applicability thereof to any government, agency,person or circumstance 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 thereby. If this Compactentered into hereunder shall be held contrary to the constitution of anycompacting state, the Compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affectedas to all severable matters. The provisions of this Compact entered intopursuant hereto shall be liberally construed to effectuate the purposesthereof.

      History:   L. 1990, ch. 332, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article60b > Statutes_30607

72-60b01

Chapter 72.--SCHOOLS
Article 60b.--MIDWESTERN HIGHER EDUCATION COMPACT

      72-60b01.   Text of compact.The midwestern higher education compact is hereby enactedinto law and entered into with all jurisdictions legally joining therein,in the form substantially as follows:

MIDWESTERN HIGHER EDUCATION COMPACT
Article I.--Purpose

      The purpose of the Midwestern Higher Education Compact shall be toprovide greater higher education opportunities and services in theMidwestern region, with the aim of furthering regional access to, researchin and choice of higher education for the citizens residing in the severalstates which are parties to this Compact.

Article II.--The Commission

      (A)   The compacting states hereby create the Midwestern Higher EducationCommission, hereinafter called the Commission. The Commission shall be abody corporate of each compacting state. The Commission shall have allthe responsibilities, powers and duties set forth herein, including the powerto sue and be sued, and such additional powers as may be conferred upon itby subsequent action of the respective legislatures of the compactingstates in accordance with the terms of this Compact.

      (B)   The Commission shall consist of five resident members of each stateas follows: the governor or the governor's designee who shall serve duringthe tenure of office of the governor; two legislators, one from each house(except Nebraska, which may appoint two legislators from its UnicameralLegislature), who shall serve two-year terms and be appointed by theappropriate appointing authority in each house of the legislature; and twoother at-large members, at least one of whom shall be selected from thefield of higher education. The at-large members shall be appointed in amanner provided by the laws of the appointing state. One of the twoat-large members initially appointed in each state shall serve a two-yearterm. The other, and any regularly appointed successor to either at-largemember, shall serve a four-year term. All vacancies shall be filled inaccordance with the laws of the appointing states. Any commissionerappointed to fill a vacancy shall serve until the end of the incomplete term.

      (C)   The Commission shall select annually, from among its members, achairperson, a vice chairperson and a treasurer.

      (D)   The Commission shall appoint an executive director who shall serveat its pleasure and who shall act as secretary to the Commission. Thetreasurer, the executive director and such other personnel as theCommission may determine, shall be bonded in such amounts as the Commission may require.

      (E)   The Commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of amajority of the Commission members of three or more compacting states,shall call additional meetings. Public notice shall be given of allmeetings and meetings shall be open to the public.

      (F)   Each compacting state represented at any meeting of the Commissionis entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorumis required by the bylaws of the Commission.

Article III.--Powers and Duties of the Commission

      (A)   The Commission shall adopt a seal and suitable bylaws governing itsmanagement and operations.

      (B)   Irrespective of the civil service, personnel or other merit systemlaws of any of the compacting states, the Commission in its bylaws shallprovide for the personnel policies and programs of the Compact.

      (C)   The Commission shall submit a budget to the governor and legislatureof each compacting state at such time and for such period as may berequired. The budget shall contain specific recommendations of the amountor amounts to be appropriated by each of the compacting states.

      (D)   The Commission shall report annually to the legislatures andgovernors of the compacting states, to the Midwestern Governors' Conferenceand to the Midwestern Legislative Conference of the Council of StateGovernments concerning the activities of the Commission during thepreceding year. Such reports shallalso embody any recommendations that may have been adopted by the Commission.

      (E)   The Commission may borrow, accept, or contract for the services ofpersonnel from any state or the United States or any subdivision or agencythereof, from any interstate agency, or from any institution, foundation,person, firm or corporation.

      (F)   The Commission may accept for any of its purposes and functionsunder the Compact any and all donations, and grants of money, equipment,supplies, materials and services (conditional or otherwise) from any stateor the United States or any subdivision or agency thereof, or interstateagency, 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 other interstateeducation organizations or agencies and with higher education institutionslocated in non-member states and with any of the various states of theseUnited States to provide adequate programs and services in higher educationfor the citizens of the respective compacting states. The Commissionshall, after negotiations with interested institutions and interstateorganizations or agencies, determine the cost of providing the programs andservices in higher education for use in these agreements.

      (H)   The Commission may establish and maintain offices, which shall belocated within one or more of the compacting states.

      (I)   The Commission may establish committees and hire staff as it deemsnecessary for the carrying out of its functions.

      (J)   The Commission may provide for actual and necessary expenses forattendance of its members at official meetings of the Commission or itsdesignated committees.

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 years thereafter, theCommission shall review its accomplishments and make recommendations to thegovernors and legislatures of the compacting states on the continuance of the Compact.

      (B)   The Commission shall study issues in higher education of particularconcern to the Midwestern region. The Commission shall also study theneeds for higher education programs and services in the compacting statesand the resources for meeting such needs. The Commission shall, from timeto time, prepare reports on such research for presentation to the governorsand legislatures of the compacting states and other interested parties. Inconducting such studies, the Commission may confer with any national orregional planning body. The Commission may draft and recommend to thegovernors and legislatures of the various compacting states suggestedlegislation dealing with problems of higher education.

      (C)   The Commission shall study the need for provision of adequateprograms and services in higher education, such as undergraduate, graduateor professional student exchanges in the region. If a need for exchange ina field is apparent, the Commission may enter into such agreements with anyhigher education institution and with any of the compacting states toprovide programs and services in higher education for the citizens of therespective compacting states. The Commission shall, after negotiationswith interested institutions and the compacting states, determine the costof providing the programs and services in higher education for use in itsagreements. The contracting states shall contribute the funds nototherwise provided, as determined by the Commission, for carrying out theagreements. The Commission may also serve as the administrative and fiscalagent 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 and agencies.

      (E)   In addition to the activities of the Commission previously noted,the Commission may provide services and research in other areas of regional concern.

Article V.--Finance

      (A)   The monies necessary to finance the general operations of theCommission not otherwise provided for in carrying forth its duties,responsibilities and powers as stated herein shall be appropriated to theCommission by the compacting states, when authorized by the respectivelegislatures, by equal apportionment among the compacting states.

      (B)   The Commission shall not incur any obligations of any kind prior tothe making of appropriations adequate to meet the same; nor shall theCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.

      (C)   The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theCommission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become partof the annual report of the Commission.

      (D)   The accounts of the Commission shall be open at any reasonable timefor inspection by duly authorized representatives of the compacting statesand persons authorized by 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 shallbe eligible to become party to this Compact. Additional states will beeligible if approved by a majority of the compacting states.

      (B)   As to any eligible party state, this Compact shall become effectivewhen its legislature shall have enacted the same into law; provided that itshall not become initially effective until enacted into law by five statesprior to the 31st day of December 1995.

      (C)   Amendments to the Compact shall become effective upon theirenactment by the legislatures of all compacting states.

Article VII.--Withdrawal, Default and Termination

      (A)   Any compacting state may withdraw from this Compact by enacting astatute repealing the Compact, but such withdrawal shall not becomeeffective until two years after the enactment of such statute. Awithdrawing state shall be liable for any obligations which it may haveincurred on account of its party status up to the effective date ofwithdrawal, except that if the withdrawing state has specificallyundertaken or committed itself to any performance of an obligationextending beyond the effective date of withdrawal, it shall remain liableto the extent of such obligation.

      (B)   If any compacting state shall at any time default in the performanceof any of its obligations, assumed or imposed, in accordance with theprovisions of this Compact, all rights, privileges and benefits conferredby this Compact or agreements hereunder shall be suspended from theeffective date of such default as fixed by the Commission, and theCommission shall stipulate the conditions and maximum time for complianceunder which the defaulting state may resume its regular status. Unlesssuch default shall be remedied under the stipulations and within the timeperiod set forth by the Commission, this Compact may be terminated withrespect to such defaulting state by affirmative vote of a majority of theother member states. Any such defaulting state may be reinstated byperforming all acts and obligations as stipulated by the Commission.

Article VIII.--Severability and Construction

      The provisions of this Compact entered into hereunder shall be severableand if any phrase, clause, sentence or provision of this Compact isdeclared to be contrary to the constitution of any compacting state or ofthe United States or the applicability thereof to any government, agency,person or circumstance 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 thereby. If this Compactentered into hereunder shall be held contrary to the constitution of anycompacting state, the Compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affectedas to all severable matters. The provisions of this Compact entered intopursuant hereto shall be liberally construed to effectuate the purposesthereof.

      History:   L. 1990, ch. 332, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article60b > Statutes_30607

72-60b01

Chapter 72.--SCHOOLS
Article 60b.--MIDWESTERN HIGHER EDUCATION COMPACT

      72-60b01.   Text of compact.The midwestern higher education compact is hereby enactedinto law and entered into with all jurisdictions legally joining therein,in the form substantially as follows:

MIDWESTERN HIGHER EDUCATION COMPACT
Article I.--Purpose

      The purpose of the Midwestern Higher Education Compact shall be toprovide greater higher education opportunities and services in theMidwestern region, with the aim of furthering regional access to, researchin and choice of higher education for the citizens residing in the severalstates which are parties to this Compact.

Article II.--The Commission

      (A)   The compacting states hereby create the Midwestern Higher EducationCommission, hereinafter called the Commission. The Commission shall be abody corporate of each compacting state. The Commission shall have allthe responsibilities, powers and duties set forth herein, including the powerto sue and be sued, and such additional powers as may be conferred upon itby subsequent action of the respective legislatures of the compactingstates in accordance with the terms of this Compact.

      (B)   The Commission shall consist of five resident members of each stateas follows: the governor or the governor's designee who shall serve duringthe tenure of office of the governor; two legislators, one from each house(except Nebraska, which may appoint two legislators from its UnicameralLegislature), who shall serve two-year terms and be appointed by theappropriate appointing authority in each house of the legislature; and twoother at-large members, at least one of whom shall be selected from thefield of higher education. The at-large members shall be appointed in amanner provided by the laws of the appointing state. One of the twoat-large members initially appointed in each state shall serve a two-yearterm. The other, and any regularly appointed successor to either at-largemember, shall serve a four-year term. All vacancies shall be filled inaccordance with the laws of the appointing states. Any commissionerappointed to fill a vacancy shall serve until the end of the incomplete term.

      (C)   The Commission shall select annually, from among its members, achairperson, a vice chairperson and a treasurer.

      (D)   The Commission shall appoint an executive director who shall serveat its pleasure and who shall act as secretary to the Commission. Thetreasurer, the executive director and such other personnel as theCommission may determine, shall be bonded in such amounts as the Commission may require.

      (E)   The Commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of amajority of the Commission members of three or more compacting states,shall call additional meetings. Public notice shall be given of allmeetings and meetings shall be open to the public.

      (F)   Each compacting state represented at any meeting of the Commissionis entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorumis required by the bylaws of the Commission.

Article III.--Powers and Duties of the Commission

      (A)   The Commission shall adopt a seal and suitable bylaws governing itsmanagement and operations.

      (B)   Irrespective of the civil service, personnel or other merit systemlaws of any of the compacting states, the Commission in its bylaws shallprovide for the personnel policies and programs of the Compact.

      (C)   The Commission shall submit a budget to the governor and legislatureof each compacting state at such time and for such period as may berequired. The budget shall contain specific recommendations of the amountor amounts to be appropriated by each of the compacting states.

      (D)   The Commission shall report annually to the legislatures andgovernors of the compacting states, to the Midwestern Governors' Conferenceand to the Midwestern Legislative Conference of the Council of StateGovernments concerning the activities of the Commission during thepreceding year. Such reports shallalso embody any recommendations that may have been adopted by the Commission.

      (E)   The Commission may borrow, accept, or contract for the services ofpersonnel from any state or the United States or any subdivision or agencythereof, from any interstate agency, or from any institution, foundation,person, firm or corporation.

      (F)   The Commission may accept for any of its purposes and functionsunder the Compact any and all donations, and grants of money, equipment,supplies, materials and services (conditional or otherwise) from any stateor the United States or any subdivision or agency thereof, or interstateagency, 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 other interstateeducation organizations or agencies and with higher education institutionslocated in non-member states and with any of the various states of theseUnited States to provide adequate programs and services in higher educationfor the citizens of the respective compacting states. The Commissionshall, after negotiations with interested institutions and interstateorganizations or agencies, determine the cost of providing the programs andservices in higher education for use in these agreements.

      (H)   The Commission may establish and maintain offices, which shall belocated within one or more of the compacting states.

      (I)   The Commission may establish committees and hire staff as it deemsnecessary for the carrying out of its functions.

      (J)   The Commission may provide for actual and necessary expenses forattendance of its members at official meetings of the Commission or itsdesignated committees.

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 years thereafter, theCommission shall review its accomplishments and make recommendations to thegovernors and legislatures of the compacting states on the continuance of the Compact.

      (B)   The Commission shall study issues in higher education of particularconcern to the Midwestern region. The Commission shall also study theneeds for higher education programs and services in the compacting statesand the resources for meeting such needs. The Commission shall, from timeto time, prepare reports on such research for presentation to the governorsand legislatures of the compacting states and other interested parties. Inconducting such studies, the Commission may confer with any national orregional planning body. The Commission may draft and recommend to thegovernors and legislatures of the various compacting states suggestedlegislation dealing with problems of higher education.

      (C)   The Commission shall study the need for provision of adequateprograms and services in higher education, such as undergraduate, graduateor professional student exchanges in the region. If a need for exchange ina field is apparent, the Commission may enter into such agreements with anyhigher education institution and with any of the compacting states toprovide programs and services in higher education for the citizens of therespective compacting states. The Commission shall, after negotiationswith interested institutions and the compacting states, determine the costof providing the programs and services in higher education for use in itsagreements. The contracting states shall contribute the funds nototherwise provided, as determined by the Commission, for carrying out theagreements. The Commission may also serve as the administrative and fiscalagent 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 and agencies.

      (E)   In addition to the activities of the Commission previously noted,the Commission may provide services and research in other areas of regional concern.

Article V.--Finance

      (A)   The monies necessary to finance the general operations of theCommission not otherwise provided for in carrying forth its duties,responsibilities and powers as stated herein shall be appropriated to theCommission by the compacting states, when authorized by the respectivelegislatures, by equal apportionment among the compacting states.

      (B)   The Commission shall not incur any obligations of any kind prior tothe making of appropriations adequate to meet the same; nor shall theCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.

      (C)   The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theCommission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become partof the annual report of the Commission.

      (D)   The accounts of the Commission shall be open at any reasonable timefor inspection by duly authorized representatives of the compacting statesand persons authorized by 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 shallbe eligible to become party to this Compact. Additional states will beeligible if approved by a majority of the compacting states.

      (B)   As to any eligible party state, this Compact shall become effectivewhen its legislature shall have enacted the same into law; provided that itshall not become initially effective until enacted into law by five statesprior to the 31st day of December 1995.

      (C)   Amendments to the Compact shall become effective upon theirenactment by the legislatures of all compacting states.

Article VII.--Withdrawal, Default and Termination

      (A)   Any compacting state may withdraw from this Compact by enacting astatute repealing the Compact, but such withdrawal shall not becomeeffective until two years after the enactment of such statute. Awithdrawing state shall be liable for any obligations which it may haveincurred on account of its party status up to the effective date ofwithdrawal, except that if the withdrawing state has specificallyundertaken or committed itself to any performance of an obligationextending beyond the effective date of withdrawal, it shall remain liableto the extent of such obligation.

      (B)   If any compacting state shall at any time default in the performanceof any of its obligations, assumed or imposed, in accordance with theprovisions of this Compact, all rights, privileges and benefits conferredby this Compact or agreements hereunder shall be suspended from theeffective date of such default as fixed by the Commission, and theCommission shall stipulate the conditions and maximum time for complianceunder which the defaulting state may resume its regular status. Unlesssuch default shall be remedied under the stipulations and within the timeperiod set forth by the Commission, this Compact may be terminated withrespect to such defaulting state by affirmative vote of a majority of theother member states. Any such defaulting state may be reinstated byperforming all acts and obligations as stipulated by the Commission.

Article VIII.--Severability and Construction

      The provisions of this Compact entered into hereunder shall be severableand if any phrase, clause, sentence or provision of this Compact isdeclared to be contrary to the constitution of any compacting state or ofthe United States or the applicability thereof to any government, agency,person or circumstance 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 thereby. If this Compactentered into hereunder shall be held contrary to the constitution of anycompacting state, the Compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affectedas to all severable matters. The provisions of this Compact entered intopursuant hereto shall be liberally construed to effectuate the purposesthereof.

      History:   L. 1990, ch. 332, § 1; July 1.