§ 24-60-1201 — Execution of compact

Colorado § 24-60-1201

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The governor is hereby authorized to
enter into a compact on behalf of this state with any of the United States or other
jurisdictions legally joining therein in the form substantially as follows:

INTERSTATE COMPACT FOR EDUCATION

ARTICLE I

Purpose and Policy

(a) It is the purpose of this compact to:

(1) Establish and maintain close cooperation and understanding among
executive, legislative, professional educational and lay leadership on a nationwide
basis at the state and local levels.

(2) Provide a forum for the discussion, development, crystallization and
recommendation of public policy alternatives in the field of education.

(3) Provide a clearing house of information on matters relating to
educational problems and how they are being met in different places throughout
the nation, so that the executive and legislative branches of state government and
of local communities may have ready access to the experience and record of the
entire country, and so that both lay and professional groups in the field of
education may have additional avenues for the sharing of experience and the
interchange of ideas in the formation of public policy in education.

(4) Facilitate the improvement of state and local educational systems so that
all of them will be able to meet adequate and desirable goals in a society which
requires continuous qualitative and quantitative advance in educational
opportunities, methods and facilities.

(b) It is the policy of this compact to encourage and promote local and state
initiative in the development, maintenance, improvement and administration of
educational systems and institutions in a manner which will accord with the needs
and advantages of diversity among localities and states.

(c) The party states recognize that each of them has an interest in the quality
and quantity of education furnished in each of the other states, as well as in the
excellence of its own educational systems and institutions, because of the highly
mobile character of individuals within the nation, and because the products and
services contributing to the health, welfare and economic advancement of each
state are supplied in significant part by persons educated in other states.

ARTICLE II

State Defined

As used in this compact, state means a state, territory or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.

ARTICLE III

The Commission

(a) (1) The education commission of the states, hereinafter called the
commission is hereby established. The commission shall consist of seven members
representing each party state. One of such members shall be the governor; two
shall be members of the state legislature selected by its respective houses and,
except as provided in subparagraph (2) of this paragraph (a), serving in such manner
as the legislature may determine; and four shall be appointed by and serve at the
pleasure of the governor, unless the laws of the state otherwise provide. If the laws
of a state prevent legislators from serving on the commission, six members shall be
appointed and serve at the pleasure of the governor, unless the laws of the state
otherwise provide. In addition to any other principles or requirements which a state
may establish for the appointment and service of its members of the commission,
the guiding principle for the composition of the membership on the commission
from each party state shall be that the members representing such state shall, by
virtue of their training, experience, knowledge or affiliations be in a position
collectively to reflect broadly the interests of the state government, higher
education, the state education system, local education, lay and professional, public
and nonpublic educational leadership. Of those appointees, one shall be the head of
a state agency or institution, designated by the governor, having responsibility for
one or more programs of public education. In addition to the members of the
commission representing the party states, there may be not to exceed ten
nonvoting commissioners selected by the steering committee for terms of one year.
Such commissioners shall represent leading national organizations of professional
educators or persons concerned with educational administration.

(2) The terms of the members of the state legislature who are selected
pursuant to subparagraph (1) of this paragraph (a) and who are serving on March 22,
2007, shall be extended to and expire on or shall terminate on the convening date
of the first regular session of the sixty-seventh general assembly. As soon as
practicable after such convening date, the speaker and president shall each
appoint or reappoint one member. Thereafter, the terms of members appointed or
reappointed by the speaker and the president shall expire on the convening date of
the first regular session of each general assembly, and all subsequent
appointments and reappointments by the speaker and the president shall be made
as soon as practicable after such convening date. The person making the original
appointment or reappointment shall fill any vacancy by appointment for the
remainder of an unexpired term. Members appointed or reappointed by the speaker
and the president shall serve at the pleasure of the appointing authority and shall
continue in office until the member's successor is appointed.

(b) The members of the commission shall be entitled to one vote each on the
commission. No action of the commission shall be binding unless taken at a meeting
at which a majority of the total number of votes on the commission are cast in favor
thereof. Action of the commission shall be only at a meeting at which a majority of
the commissioners are present. The commission shall meet at least once a year. In
its bylaws, and subject to such directions and limitations as may be contained
therein, the commission may delegate the exercise of any of its powers to the
steering committee or the executive director, except for the power to approve
budgets or requests for appropriations, the power to make policy recommendations
pursuant to article IV and adoption of the annual report pursuant to article III (j).

(c) The commission shall have a seal.

(d) The commission shall elect annually, from among its members, a
chairman, who shall be a governor, a vice-chairman and a treasurer. The commission
shall provide for the appointment of an executive director. Such executive director
shall serve at the pleasure of the commission, and together with the treasurer and
such other personnel as the commission may deem appropriate shall be bonded in
such amount as the commission shall determine. The executive director shall be
secretary.

(e) Irrespective of the civil service, personnel or other merit system laws of
any of the party states, the executive director subject to the approval of the
steering committee shall appoint, remove or discharge such personnel as may be
necessary for the performance of the functions of the commission, and shall fix the
duties and compensation of such personnel. The commission in its bylaws shall
provide for the personnel policies and programs of the commission.

(f) The commission may borrow, accept or contract for the services of
personnel from any party jurisdiction, the United States, or any subdivision or
agency of the aforementioned governments, or from any agency of two or more of
the party jurisdictions or their subdivisions.

(g) The commission may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment, supplies,
materials and services, conditional or otherwise, from any state, the United States,
or any other governmental agency, or from any person, firm, association,
foundation, or corporation, and may receive, utilize and dispose of the same. Any
donation or grant accepted by the commission pursuant to this paragraph or
services borrowed pursuant to paragraph (f) of this article shall be reported in the
annual report of the commission. Such report shall include the nature, amount and
conditions, if any, of the donation, grant, or services borrowed, and the identity of
the donor or lender.

(h) The commission may establish and maintain such facilities as may be
necessary for the transacting of its business. The commission may acquire, hold,
and convey real and personal property and any interest therein.

(i) The commission shall adopt bylaws for the conduct of its business and
shall have the power to amend and rescind these bylaws. The commission shall
publish its bylaws in convenient form and shall file a copy thereof and a copy of any
amendment thereto, with the appropriate agency or officer in each of the party
states.

(j) The commission annually shall make to the governor and legislature of
each party state a report covering the activities of the commission for the
preceding year. The commission may make such additional reports as it may deem
desirable.

ARTICLE IV

Powers

In addition to authority conferred on the commission by other provisions of
the compact, the commission shall have authority to:

(1) Collect, correlate, analyze and interpret information and data concerning
educational needs and resources.

(2) Encourage and foster research in all aspects of education, but with
special reference to the desirable scope of instruction, organization, administration,
and instructional methods and standards employed or suitable for employment in
public educational systems.

(3) Develop proposals for adequate financing of education as a whole and at
each of its many levels.

(4) Conduct or participate in research of the types referred to in this article
in any instance where the commission finds that such research is necessary for the
advancement of the purposes and policies of this compact, utilizing fully the
resources of national associations, regional compact organizations for higher
education, and other agencies and institutions, both public and private.

(5) Formulate suggested policies and plans for the improvement of public
education as a whole, or for any segment thereof, and make recommendations with
respect thereto available to the appropriate governmental units, agencies and
public officials.

(6) Do such other things as may be necessary or incidental to the
administration of any of its authority or functions pursuant to this compact.

ARTICLE V

Cooperation With Federal Government

(a) If the laws of the United States specifically so provide, or if administrative
provision is made therefor within the federal government, the United States may be
represented on the commission by not to exceed ten representatives. Any such
representative or representatives of the United States shall be appointed and serve
in such manner as may be provided by or pursuant to federal law, and may be drawn
from any one or more branches of the federal government, but no such
representative shall have a vote on the commission.

(b) The commission may provide information and make recommendations to
any executive or legislative agency or officer of the federal government concerning
the common educational policies of the states, and may advise with any such
agencies or officers concerning any matter of mutual interest.

ARTICLE VI

Committees

(a) To assist in the expeditious conduct of its business when the full
commission is not meeting, the commission shall elect a steering committee of
thirty-two members which, subject to the provisions of this compact and consistent
with the policies of the commission, shall be constituted and function as provided in
the bylaws of the commission. One-fourth of the voting membership of the steering
committee shall consist of governors, one-fourth shall consist of legislators, and
the remainder shall consist of other members of the commission. A federal
representative on the commission may serve with the steering committee, but
without vote. The voting members of the steering committee shall serve for terms
of two years, except that members elected to the first steering committee of the
commission shall be elected as follows: Sixteen for one year and sixteen for two
years. The chairman, vice-chairman, and treasurer of the commission shall be
members of the steering committee and, anything in this paragraph to the contrary
notwithstanding, shall serve during their continuance in these offices. Vacancies in
the steering committee shall not affect its authority to act, but the commission at
its next regularly ensuing meeting following the occurrence of any vacancy shall
fill it for the unexpired term. No person shall serve more than two terms as a
member of the steering committee; provided that service for a partial term of one
year or less shall not be counted toward the two term limitation.

(b) The commission may establish advisory and technical committees
composed of state, local, and federal officials, and private persons to advise it with
respect to any one or more of its functions. Any advisory or technical committee
may, on request of the states concerned, be established to consider any matter of
special concern to two or more of the party states.

(c) The commission may establish such additional committees as its bylaws
may provide.

ARTICLE VII

Finance

(a) The commission shall advise the governor or designated officer or
officers of each party state of its budget and estimated expenditures for such
period as may be required by the laws of that party state. Each of the commission's
budgets of estimated expenditures shall contain specific recommendations of the
amount or amounts to be appropriated by each of the party states.

(b) The total amount of appropriation requests under any budget shall be
apportioned among the party states. In making such apportionment, the
commission shall devise and employ a formula which takes equitable account of the
populations and per capita income levels of the party states.

(c) The commission shall not pledge the credit of any party states. The
commission may meet any of its obligations in whole or in part with funds available
to it pursuant to article III (g) of this compact, provided that the commission takes
specific action setting aside such funds prior to incurring an obligation to be met in
whole or in part in such manner. Except where the commission makes use of funds
available to it pursuant to article III (g) thereof, the commission shall not incur any
obligation prior to the allotment of funds by the party states adequate to meet the
same.

(d) 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 by its bylaws. However, all
receipts and disbursements of funds handled by the commission shall be audited
yearly by a qualified public accountant, and the report of the audit shall be included
in and become part of the annual reports of the commission.

(e) The accounts of the commission shall be open at any reasonable time for
inspection by duly constituted officers of the party states and by any persons
authorized by the commission.

(f) Nothing contained herein shall be construed to prevent commission
compliance with laws relating to audit or inspection of accounts by or on behalf of
any government contributing to the support of the commission.

ARTICLE VIII

Eligible Parties;

Entry Into and Withdrawal

(a) This compact shall have as eligible parties all states, territories, and
possession of the United States, the District of Columbia, and the Commonwealth
of Puerto Rico. In respect of any such jurisdiction not having a governor, the term
governor, as used in this compact, shall mean the closest equivalent official of
such jurisdiction.

(b) Any state or other eligible jurisdiction may enter into this compact and it
shall become binding thereon when it has adopted the same; provided, that in order
to enter into initial effect, adoption by at least ten eligible party jurisdictions shall
be required.

(c) Adoption of the compact may be either by enactment thereof or by
adherence thereto by the governor; provided, that in the absence of enactment,
adherence by the governor shall be sufficient to make his state a party only until
December 31, 1967. During any period when a state is participating in this compact
through gubernatorial action, the governor shall appoint those persons who, in
addition to himself, shall serve as the members of the commission from his state,
and shall provide to the commission an equitable share of the financial support of
the commission from any source available to him.

(d) Except for a withdrawal effective on December 31, 1967, in accordance
with paragraph (c) of this article, any party state may withdraw from this compact
by enacting a statute repealing the same, but no such withdrawal shall take effect
until one year after the governor of the withdrawing state has given notice in
writing of the withdrawal to the governors of all other party states. No withdrawal
shall affect any liability already incurred by or chargeable to a party state prior to
the time of such withdrawal.

ARTICLE IX

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision of this compact is declared to be contrary to the constitution
of any state or of the United States, or the application 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 shall be held contrary
to the constitution of any state participating therein, the compact shall remain in
full force and effect as to the state affected as to all severable matters.

Legislative History

Source: L. 67: p. 203, � 1. C.R.S. 1963: � 74-13-1. L. 2007: Art. III (a) amended, p. 185, � 20, effective March 22.