(45 ILCS 155/1)
(from Ch. 144, par. 2801)
The Midwestern Higher Education Compact is enacted into law,
and is hereby ratified, approved and entered into by the State of Illinois
with all jurisdictions 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 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 several
states which are parties to this Compact.
ARTICLE II. THE COMMISSION
A. The compacting states hereby create the Midwestern Higher Education
Commission, hereinafter called the Commission. The Commission shall be a
body corporate of each compacting state. The Commission shall have all the
responsibilities, 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 in accordance with the terms of this Compact.
B. The Commission shall consist of five resident members of each state
as follows: the governor or the governor's designee who shall serve during
the tenure of office of the governor; two legislators, one from each house
(except Nebraska, which may appoint two legislators from its Unicameral
Legislature), who shall serve two-year terms and be appointed by the
appropriate appointing authority in each house of the legislature; and two
other at-large members, at least one of whom shall be selected from the
field of higher education. The at-large members shall be appointed in a
manner provided by the laws of the appointing state. One of the two
at-large members initially appointed in each state shall serve a two-year
term. The other, and any regularly appointed successor to either at-large
member, shall serve a four-year term.
All vacancies shall be filled in accordance with the laws of the appointing
states. Any commissioner appointed to fill a vacancy shall serve until the
end of the incomplete term.
C. The Commission shall select annually, from among its members, a
chairperson, a vice chairperson and a treasurer.
D. The Commission shall appoint an executive director who shall serve at
its pleasure and who shall act as secretary to the Commission. The
treasurer, the executive director and such other personnel as the
Commission may determine, shall be bonded in such amounts 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 request of a
majority of the Commission members of three or more compacting states,
shall call additional meetings. Public notice shall be given of all
meetings and meetings shall be open to the public.
F. Each compacting state represented at any meeting of the Commission is
entitled to one vote. A majority of the compacting states shall 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
A. The Commission shall adopt a seal and suitable bylaws governing its
management and operations.
B. Irrespective of the civil service, personnel or other merit system
laws of any of the compacting states, the Commission in its bylaws shall
provide for the personnel policies and programs of the Compact.
C. The Commission shall submit a budget to the governor and legislature
of each compacting state at such time and for such period as may be
required. The budget shall contain specific recommendations of the amount
or amounts to be appropriated by each of the compacting states.
D. The Commission shall report annually to the legislatures and
governors of the compacting states, to the Midwestern Governors' Conference
and to the Midwestern Legislative Conference of the Council of State
Governments concerning the activities of the Commission during the
preceding year. Such reports shall also embody any recommendations that
may have been adopted by the Commission.
E. The Commission may borrow, accept, or contract for the services of
personnel from any state or the United States or any subdivision or agency
thereof, from any interstate agency, or from any institution, foundation,
person, firm or corporation.
F. The Commission may accept for any of its purposes and functions under
the Compact any and all donations, and grants of money, equipment,
supplies, materials and services (conditional or otherwise) from any state
or the United States or any subdivision or agency 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 other interstate
education organizations and agencies and with higher education institutions
located in non-member states and with any of the various states of these United States to
provide adequate programs and services in higher education for the citizens
of the respective compacting states. The Commission shall, after
negotiations with interested institutions and interstate organizations or
agencies, determine the cost of providing the programs and services in
higher education for use in these agreements.
H. The Commission may establish and maintain offices, which shall be
located within one or more of the compacting states.
I. The Commission may establish committees and hire staff as it deems
necessary for the carrying out of its functions.
J. The Commission may provide for actual and necessary expenses for
attendance of its members at official meetings of the Commission or its
ARTICLE IV. ACTIVITIES OF THE COMMISSION
A. 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 legislatures of the compacting states on the continuance of the Compact.
B. The Commission shall study issues in higher education of particular
concern to the Midwestern region. The Commission shall also study the
needs for higher education programs and services in the compacting states
and the resources for meeting such needs. The Commission shall, from time
to time, prepare reports on such
research for presentation to the governors and legislatures of the
compacting states and other interested parties. In conducting such
studies, the Commission may confer with any national or regional planning
body. The Commission may draft and recommend to the governors and
legislatures of the various compacting states suggested legislation dealing
with problems of higher education.
C. The Commission shall study the need for 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 into such agreements with any
higher education institution and with any of the compacting states to
provide programs and services in higher education for the citizens of the
respective compacting states. The Commission shall, after negotiations
with interested institutions and the compacting states, determine the cost
of providing the programs and services in higher education for use in its
agreements. The contracting states shall contribute the funds not
otherwise provided, as determined by the Commission, for carrying out the
agreements. The Commission may also serve as the administrative and fiscal
agent in carrying out agreements for higher education programs and services.
D. The Commission shall serve as a clearinghouse on information
regarding 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 the
Commission not otherwise provided for in carrying forth its duties,
responsibilities and powers as stated herein shall be appropriated to the
Commission by the compacting states, when authorized by the respective
legislatures, by equal apportionment among the compacting states.
B. The Commission shall not incur any obligations of any kind prior to
the making of appropriations adequate to meet the same; nor shall the
Commission pledge the credit of any of the compacting states, except by and
with the authority of the compacting state.
C. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be
subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the Commission
shall be audited yearly by a certified or licensed public accountant and
the report of the audit shall be included in and become part of the annual
report of the Commission.
D. The accounts of the Commission shall be open at any reasonable time
for inspection by duly authorized representatives of the compacting states
and 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 shall be
eligible to become party to this Compact. Additional states will be
eligible if approved by a majority of the compacting states.
B. As to any eligible party state, this Compact shall become effective
when its legislature shall have enacted the same into law; provided that it
shall not become initially effective until enacted into law by five states
prior to the 31st day of December, 1995.
C. Amendments to the Compact shall become effective upon their enactment
by the legislatures of all compacting states.
ARTICLE VII. WITHDRAWAL, DEFAULT AND TERMINATION
A. Any compacting state may withdraw from this Compact by enacting a
statute repealing the Compact, but such withdrawal shall not become
effective until two years after the enactment of such statute. A
withdrawing state shall be liable for any obligations which it may have
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 shall remain liable
to the extent of such obligation.
B. If any compacting state 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, and the
Commission shall stipulate the conditions and maximum time
for compliance under which the defaulting state may resume its regular
status. Unless such default shall be remedied under the stipulations and
within the time period set forth by the Commission, this Compact may be
terminated with respect to such defaulting state by affirmative vote of a
majority of the other member states. Any such defaulting state may be
reinstated by performing all acts and obligations as stipulated by the Commission.
ARTICLE VIII. SEVERABILITY AND CONSTRUCTION
The provisions of this Compact entered into hereunder shall be 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 the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder of
this Compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this Compact
entered into hereunder shall be held contrary to the constitution of any
compacting state, the Compact shall remain 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 this Compact entered into
pursuant hereto shall be liberally construed to effectuate the purposes thereof.
(Source: P.A. 87-147.)