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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 518-S.F.No. 2248 
           An act relating to education; entering the Midwestern 
          Higher Education Compact; providing the appointment of 
          members; proposing coding for new law in Minnesota 
          Statutes, chapter 135A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [135A.20] [MIDWESTERN HIGHER EDUCATION 
COMPACT.] 
    The Midwestern Higher Education Compact is enacted into law 
and entered into with all jurisdictions legally joining therein 
in the form substantially as follows: 
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 chair, a vice-chair 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 chair 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 or 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 designated committees.  
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. 
     Sec. 2.  [135A.21] [MEMBERS OF THE COMMISSION.] 
     Minnesota members of the Midwestern Higher Education 
Commission must be appointed as provided in this section.  One 
legislative member must be a member of the house of 
representatives appointed by the speaker of the house for a 
two-year term; one legislative member must be a member of the 
senate appointed by the subcommittee on committees of the rules 
and administration committee for a two-year term.  Two at-large 
members, at least one of whom must be selected from the field of 
higher education, must be appointed by the governor.  One 
at-large member must be appointed to a two-year term; one 
at-large member, and any regularly appointed successor to either 
at-large position, must be appointed to a four-year term.  
Vacancies must be filled by the appointing authority for the 
remainder of the unexpired term. 
    Sec. 3.  [135A.22] [EFFECT ON RECIPROCITY.] 
    The enactment of the Midwestern Higher Education Compact 
has no effect on tuition reciprocity agreements under section 
136A.08 that exist at the time of enactment. 
    Sec. 4.  [INITIAL APPOINTMENTS.] 
    The first Minnesota members of the Midwestern Higher 
Education Commission must be appointed, as provided in section 
2, before August 1, 1991 if the compact has been enacted into 
law by at least five states before that date. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 10:12 p.m.