RCW 28B.70.020
Terms and provisions of compact.The terms
and provisions of the compact referred to in RCW 28B.70.010 are as
follows:
WESTERN REGIONAL
HIGHER EDUCATION COMPACT
Article I
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 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 group of
such states within the Region, cooperatively 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 II
Each of the compacting states and territories pledge to each
of the other compacting states and territories faithful cooperation
in carrying out all the purposes of this compact.
Article III
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 IV
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 term 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 V
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
transaction of business.
Each compacting state and territory represented at any meeting
of the Commission is entitled to one vote.
Article VI
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 VII
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 VIII
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) 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) 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 of 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 IX
The operating costs of the Commission shall be apportioned
equally among the compacting states and territories.
Article X
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,
1955. This compact shall become effective as to any additional
states or territories thereafter at the time of such adoption.
Article XI
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 XII
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.[1969 ex.s. c 223 § 28B.70.020. Prior: 1955 c 214 §
2. Formerly RCW 28.82.020.]