The Governor is hereby authorized and directed to execute a compact on behalf of this state with each or all of the 11 western states and the States of Alaska and Hawaii for the purpose of cooperating with such states in the formation of a Western Interstate Commission for Higher Education. Notice of intention to withdraw from such compact shall be executed and transmitted by the Governor.
Article 1The Compact
Section § 99000
This law allows the Governor of California to join forces with 11 western states, plus Alaska and Hawaii, to create a group focused on higher education initiatives. If California decides to leave this group, the Governor is responsible for officially notifying the others.
Western Interstate Commission higher education cooperation interstate compact Governor's authorization western states collaboration Alaska Hawaii education initiatives state cooperation withdrawal procedure regional education agreements governance of compact notification of withdrawal
Section § 99001
This section outlines the Western Regional Higher Education Compact, which is an agreement between various Western U.S. states and territories to collaborate on providing quality higher education. The compact highlights the importance of regional cooperation to overcome financial and logistical limitations in establishing educational facilities.
Article 1 emphasizes the cooperative approach needed due to individual states' limitations. Article 2 sets a pledge for cooperation. Article 3 establishes the Western Interstate Commission for Higher Education with broad powers like suing or being sued.
Article 4 details the appointment and terms of the commissioners. Article 5 outlines voting procedures and quorum requirements. Article 6 allows for the election of leadership and reimbursement of expenses for the commissioners. Article 7 covers the commission's structure, including annual meetings and budgeting processes, and mandates an independent audit.
Article 8 focuses on entering contracts to provide adequate educational services, particularly in dentistry, medicine, public health, and veterinary medicine. Article 9 states that costs will be shared equally by the states. Articles 10-12 address how the compact becomes effective, conditions for termination or withdrawal, and procedures for dealing with defaults by member states.
The form and contents of such compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter.
Western Regional Higher Education Compact
The contracting states do hereby agree as follows:
Article 1
Whereas, The future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and
Whereas, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all of the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and
Whereas, It is believed that the Western States, or groups of such states within the region, co-operatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof; now, therefore,
The States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territories of Alaska and Hawaii, do hereby covenant and agree as follows:
Article 2
Each of the compacting states and territories pledges to each of the other compacting states and territories faithful co-operation in carrying out all the purposes of this compact.
Article 3
The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and territory and an agency thereof. The commission shall have all the 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 and territories.
Article 4
The commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.
The commissioners from each state and territory shall be appointed by the governor thereof as provided by law in such state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.
The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as 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 and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.
Article 5
Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states and territories.
One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the transacting of business.
Each compacting state and territory represented at any meeting of the commission is entitled to one vote.
Article 6
The commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.
The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.
Article 7
The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.
The commission may elect such committees as it deems necessary for the carrying out of its functions.
The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or territories shall call additional meetings.
The commission shall submit a budget to the governor of each compacting state and territory at such time and for such period as may be required.
The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.
On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states and territories a report of its activities for the preceding calendar year.
The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or territory or his designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The commission shall provide for an independent annual audit.
Article 8
It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.
For this purpose the commission may enter into contractual agreements—
(a)CA Education Code § 99001(a) With the governing authority of any educational institution in the region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and
(b)CA Education Code § 99001(b) With the governing authority of any educational institution in the region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.
It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time prepare comprehensive reports on such research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states and territories. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states and territories, 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 the several compacting states and territories.
Article 9
The operating costs of the commission shall be apportioned equally among the compacting states and territories.
Article 10
This compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the States or Territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.
Article 11
This compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the commission.
Article 12
If any compacting state or territory 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.
Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.
Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission.
Western Regional Higher Education Compact cooperative education Western Interstate Commission for Higher Education educational facilities Article 1 Article 3 commission powers appointment of commissioners quorum voting procedures reimbursement of expenses graduate education professional education budget submission independent audit contractual agreements dentistry medicine public health veterinary medicine cost-sharing compact termination state withdrawals default procedures regional collaboration
Section § 99002
The law states that California will have three commissioners appointed by the Governor and approved by the Senate, in line with a compact's rules. Commissioners serve terms that expire four years after the previous term's end. If a commissioner no longer qualifies for the position, their term ends once a new one is appointed. Commissioners can be removed by the Governor if necessary and must pay for any travel expenses they incur performing official duties.
In furtherance of the provisions contained in the compact, there shall be three commissioners from the State of California, appointed by the Governor by and with the advice and consent of the Senate. The qualifications and terms of the commissioners shall be in accordance with Article 4 of the compact. A commissioner shall hold office until his successor is appointed and qualified but such successor’s term shall expire four years from the legal date of expiration of the term of his predecessor. Any commissioner may be removed from office by the Governor upon charges and after a hearing. The term of any commissioner who ceases to hold the required qualifications shall terminate when a successor may be duly appointed. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full term appointment.
Each commissioner shall receive his necessary travel expenses incurred in the performance of his official duties in behalf of the commission.
commissioners appointment Governor approval Senate consent commissioner qualifications commissioner term length term expiration commissioner removal travel expense reimbursement compact provisions commissioner vacancies appointment process successor appointment official duties hearing process unexpired term filling
Section § 99003
This law instructs all state officers and government departments in California to support and implement a certain agreement or 'compact.' They must provide necessary information and assistance to a commission overseeing the compact whenever requested. Essentially, it's about ensuring state cooperation to achieve the compact's goals.
All officers of the state are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of this state to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the state are hereby authorized and directed at convenient times and upon request of the commission to furnish the commission with information and data possessed by them and to aid such commission by any means lying within their legal rights.
state officers duties government cooperation compact implementation information sharing state commission support intergovernmental cooperation administrative assistance data provision policy implementation jurisdiction responsibilities
Section § 99004
This law requires a commission to keep detailed records of its activities and to report those annually to both the Governor and Legislature by December 31st. In the report, the commission must provide a detailed account of what it has done that year and suggest any changes to laws that might be necessary to fulfill the goals of the agreement between the states involved.
The commission shall keep accurate accounts of its activities and shall report to the Governor and the Legislature on or before the 31st day of December in each year, setting forth in detail the transactions conducted by it during that calendar year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the compact between the signatory states.
commission activities report annual reporting deadline Governor and Legislature reporting detailed transactions account legislative action recommendations statutory amendments compact intent interstate agreement yearly compliance report signatory states goals compact purposes
Section § 99005
When the Governor signs an agreement known as a 'compact' for the state, he must include a statement clarifying that the agreement follows the rules and limitations of this chapter of the law.
When the Governor on behalf of the state executes the compact, he shall attach his signature thereto under a recital that such compact is executed pursuant to the provisions of this chapter, subject to the limitations and qualifications contained in this chapter in aid and furtherance thereof.
Governor's signature executing compact state agreement execution chapter provisions limitations and qualifications legal compact recital statement aid and furtherance state obligations agreement execution process
