H. B. 2481
(By Delegates Doyle, Campbell, Tabb, Duke and Manchin
)
[Introduced January 13, 2010; referred to the
Committee on Education then Finance.]
A BILL to repeal §18B-10-5 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5-6-4a of said code; to amend
and reenact §5G-1-2 of said code; to amend and reenact §12-3-5
and §12-3-8 of said code; to amend and reenact §18B-1-3 and
§18B-1-6 of said code; to amend and reenact §18B-1B-4 of said
code; to amend and reenact §18B-2A-3 and §18B-2A-4 of said
code; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and
§18B-4-7 of said code; to amend and reenact §18B-5-4, §18B-5-7
and §18B-5-9 of said code; to amend and reenact §18B-10-1,
§18B-10-6 and §18B-10-6a of said code, all relating to
providing more flexibility and freedom to all publicly funded
state institutions of higher education for running its
respective colleges and universities.
Be it enacted by the Legislature of West Virginia:
That §18B-10-5 of the Code of West Virginia, 1931, as amended,
be repealed; that §5-6-4a of said code be amended and reenacted;
that §5G-1-2 of said code be amended and reenacted; that §12-3-5
and §12-3-8 of said code be amended and reenacted; that §18B-1-3 and §18B-1-6 of said code be amended and reenacted; that §18B-1B-4
of said code be amended and reenacted; that §18B-2A-3 and §18B-2A-4
of said code be amended and reenacted; that §18B-4-5, §18B-4-5a,
§18B-4-6 and §18B-4-7 of said code be amended and reenacted; that
§18B-5-4, §18B-5-7 and §18B-5-9 of said code be amended and
reenacted; that §18B-10-1, §18B-10-6 and §18B-10-6a of said code be
amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 6. STATE BUILDINGS.
§5-6-4a. Review of real property contracts and agreements; master
plan for office space.
(a) The Secretary of Administration shall provide to the Joint
Committee on Government and Finance a copy of a contract or
agreement for real property exceeding $1 million and a report
setting forth a detailed summary of the terms of the contract or
agreement, including the name of the owner of the property and the
agent involved in the sale, at least thirty days prior to any sale,
exchange, transfer, purchase, lease purchase, lease or rental of
real property, any refundings of lease purchases, leases or rental
agreements, any construction of new buildings and any other
acquisition or lease of buildings, office space or grounds by any
state agency, including the Higher Education Policy Commission, but
excepting the transactions of
the all publicly funded state
institutions of higher education
known as Marshall University and West Virginia University and the Division of Highways for state
road purposes pursuant to article two-a, chapter seventeen of this
code.
Provided, That A contract or agreement for the lease
purchase, lease or rental of real property by any state agency,
where the costs of real property acquisition and improvements are
to be financed, in whole or in part, with bond proceeds, may
contain a preliminary schedule of rents and leases for purposes of
review by the committee.
(b) For renewals of contracts or agreements required to be
reported by
the provisions of this section, the Secretary of
Administration shall provide a report setting forth a detailed
summary of the terms of the contract or agreement, including the
name of the owner of the property.
(c) Within thirty days after receipt of the contract,
agreement or report, the committee shall meet and review the
contract, agreement or report.
(d) On or before July 1, 2006, the Secretary of Administration
shall conduct an inventory of available office space and office
space needs and shall develop and present a master plan for the
utilization of office space for state agencies to the Joint
Committee on Government and Finance.
(e) The governing boards of the state institutions of higher
education known as Marshall University and West Virginia University
shall provide to the Joint Committee on Government and Finance a
copy of any contract or agreement for real property exceeding $1
million and shall make available to the Joint Committee on Government and Finance upon request a summary of the terms of the
contract or agreement, including the name of the owner of the
property and the agent involved in the sale.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER
SERVICES BY STATE AND ITS SUBDIVISIONS.
ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES.
§5G-1-2. Definitions.
As used in this section:
(a) The term "agency" means all state departments, agencies,
authorities, quasipublic corporations and all political
subdivisions, including cities, counties, boards of education and
public service districts, except, for the purposes of this section,
the term "agency" does not include
the any of the publicly funded
state institutions of higher education.
known as Marshall
University and West Virginia University.
(b) The term "architectural and engineering services" includes
those professional services of an architectural or engineering
nature as well as incidental services that members of those
professions and those in their employ may logically
or justifiably
perform.
(c) The term "director of purchasing" means any individual
assigned by any agency to procure the services of architects and
engineers.
(d) The term "firm" or "professional firm" means any
individual, firm, partnership, corporation, association or other
legal entity permitted by law to practice the professions of architecture and engineering.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-5. When requisition to Auditor sufficient authority for
issuing warrant.
(a) When an appropriation has been made by law, subject to the
order or payable on the requisition of a particular officer, board
or person, the order or written or electronic requisition is
sufficient authority to the Auditor to issue a warrant for the same
or any party thereof.
(b) The Auditor:
(1) Shall accept an electronic requisition from
Marshall
University and West Virginia University all publicly funded state
institutions of higher education in an unaltered format approved by
the Auditor;
(2) May accept or require an electronic requisition from any
entity other than Marshall University or West Virginia University
at his or her discretion in an unaltered format approved by the
Auditor; and
(3) (2) May not issue a warrant for an amount that exceeds the
appropriation or for an expired appropriation.
§12-3-8. Requisition on behalf of institutions to be accompanied
by statement showing funds on hand.
A requisition made upon the Auditor for any money appropriated
for a state correctional facility; the West Virginia School for the
Deaf and Blind; state mental health facilities; state hospitals; corrections facilities; Marshall University; West Virginia
University;
or any other publicly funded state institution of
higher education; any other public institution for education,
charity or correction; or institutions under the jurisdiction of
the Higher Education Policy Commission or the West Virginia Council
for Community and Technical College Education shall be accompanied
by a written or electronic statement of a financial officer of the
institution, showing the amount of money in his or her hands to the
credit of the institution, or otherwise in its control, on the day
the requisition is forwarded for payment.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-3. Transfer of powers, duties, property, obligations, etc.
(a) All powers, duties and authorities transferred to the
Board of Regents pursuant to former provisions of chapter eighteen
of this code and transferred to the board of trustees and board of
directors which were created as the governing boards pursuant to
the former provisions of this chapter and all powers, duties and
authorities of the board of trustees and board of directors, to the
extent they are in effect on June 17, 2000, are hereby transferred
to the Interim Governing Board created in article one-c of this
chapter and shall be exercised and performed by the Interim
Governing Board until July 1, 2001, as such powers duties and
authorities may apply to the institutions under its jurisdiction.
(b) Title to all property previously transferred to or vested
in the board of trustees and the board of directors and property vested in either of the boards separately, formerly existing under
the provisions of this chapter, are hereby transferred to the
Interim Governing Board created in article one-c of this chapter
until July 1, 2001. Property transferred to or vested in the board
of trustees and board of directors shall include:
(1) All property vested in the Board of Governors of West
Virginia University and transferred to and vested in the West
Virginia Board of Regents;
(2) All property acquired in the name of the State Board of
Control or the West Virginia Board of Education and used by or for
the state colleges and universities and transferred to and vested
in the West Virginia Board of Regents;
(3) All property acquired in the name of the State Commission
on Higher Education and transferred to and vested in the West
Virginia Board of Regents; and
(4) All property acquired in the name of the Board of Regents
and transferred to and vested in the respective board of trustees
and board of directors.
(c) Each valid agreement and obligation previously transferred
to or vested in the board of trustees and board of directors
formerly existing under the provisions of this chapter is hereby
transferred to the Interim Governing Board until July 1, 2001, as
those agreements and obligations may apply to the institutions
under its jurisdiction. Valid agreements and obligations
transferred to the board of trustees and board of directors shall
include:
(1) Each valid agreement and obligation of the Board of
Governors of West Virginia University transferred to and considered
deemed the agreement and obligation of the West Virginia Board of
Regents;
(2) Each valid agreement and obligation of the State Board of
Education with respect to the state colleges and universities
transferred to and deemed considered the agreement and obligation
of the West Virginia Board of Regents;
(3) Each valid agreement and obligation of the State
Commission on Higher Education transferred to and deemed considered
the agreement and obligation of the West Virginia Board of Regents;
and
(4) Each valid agreement and obligation of the Board of
Regents transferred to and deemed considered the agreement and
obligation of the respective board of trustees and board of
directors.
(d) All orders, resolutions and rules adopted or promulgated
by the respective board of trustees and board of directors and in
effect immediately prior to July 1, 2000, are hereby transferred to
the Interim Governing Board until July 1, 2001, and shall continue
in effect and shall be deemed considered the orders, resolutions
and rules of the Interim Governing Board until rescinded, revised,
altered or amended by the commission or the governing boards in the
manner and to the extent authorized and permitted by law. Such
orders, resolutions and rules shall include:
(1) Those adopted or promulgated by the board of governors of West Virginia University and in effect immediately prior to July 1,
1969, unless and until rescinded, revised, altered or amended by
the Board of Regents in the manner and to the extent authorized and
permitted by law;
(2) Those respecting state colleges and universities adopted
or promulgated by the West Virginia Board of Education and in
effect immediately prior to July 1, 1969, unless and until
rescinded, revised, altered or amended by the Board of Regents in
the manner and to the extent authorized and permitted by law;
(3) Those adopted or promulgated by the State Commission on
Higher Education and in effect immediately prior to July, 1, 1969,
unless and until rescinded, revised, altered or amended by the
Board of Regents in the manner and to the extent authorized and
permitted by law; and
(4) Those adopted or promulgated by the Board of Regents prior
to July 1, 1989, unless and until rescinded, revised, altered or
amended by the respective board of trustees or board of directors
in the manner and to the extent authorized and permitted by law.
(e) Title to all real property transferred to or vested in the
Interim Governing Board pursuant to this section of the code is
hereby transferred to the Commission effective the first day of
July, two thousand one. The board of Governors for each
institution may request that the Commission transfer title to the
board of Governors of any real property specifically identifiable
with that institution or the Commission may initiate the transfer.
Any such request must be made within two years of the effective date of this section and be accompanied by an adequate legal
description of the property. In the case of real property that is
specifically identifiable with Marshall University or West Virginia
University a publicly funded state institution of higher education,
the commission shall transfer title to all real property, except
real property that is used jointly by institutions or for statewide
programs under the jurisdiction of the commission or the council,
to the board of governors of Marshall University or West Virginia
University those state institutions of higher education to which
the property is identified with, as appropriate, upon receipt of a
request from the appropriate governing board accompanied by an
adequate legal description of the property.
The title to any real property that is jointly utilized by
institutions or for statewide programs under the jurisdiction of
the commission or the council shall be retained by the commission.
(f) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the Interim
Governing Board or the previous governing boards on behalf of an
institution is hereby transferred to the board of governors of that
institution effective July 1, 2001.
(g) Each valid agreement and obligation previously transferred
to or vested in the Interim Governing Board and which was
undertaken or agreed to on behalf of an institution or institutions
is hereby transferred to the board of governors of the institution
or institutions for whose benefit the agreement was entered into or
the obligation undertaken effective July 1, 2001.
(1) The obligations contained in revenue bonds issued by the
previous governing boards under the provisions of section eight,
article ten of this chapter and article twelve-b, chapter eighteen
of this code are hereby transferred to the commission and each
institution shall transfer to the commission those funds the
commission determines are necessary to pay that institution's share
of bonded indebtedness.
(2) The obligations contained in revenue bonds issued on
behalf of a state institution of higher education pursuant to any
other section of this code is hereby transferred to the board of
governors of the institution on whose behalf the bonds were issued.
(h) All orders, resolutions, policies and rules:
(1) Adopted or promulgated by the respective board of
trustees, board of directors or Interim Governing Board and in
effect immediately prior to July 1, 2001, are hereby transferred to
the commission effective July 1, 2001, and continue in effect until
rescinded, revised, altered, amended or transferred to the
governing boards by the commission as provided in this section and
in section six of this article.
(2) Adopted or promulgated by the commission relating solely
to community and technical colleges or community and technical
college education, or rules which the council finds necessary for
the exercise of its lawful powers and duties pursuant to the
provisions of this chapter, may be adopted by the council and
continue in effect until rescinded, revised, altered, amended or
transferred to the governing boards under the jurisdiction of the council pursuant to section six of this article. Nothing in this
section requires the initial rules of the commission that are
adopted by the council to be promulgated again under the procedure
set forth in article three-a, chapter twenty-nine-a of this code
unless such rules are rescinded, revised, altered or amended.
(3) Adopted or promulgated by the commission relating to
multiple types of public institutions of higher education or
community and technical college education as well as baccalaureate
and post-baccalaureate education are transferred to the council in
part as follows:
(A) That portion of the rule relating solely to community and
technical colleges or community and technical college education is
transferred to the council and continues in effect until rescinded,
revised, altered, amended or transferred to the governing boards by
the council as provided in this section and in section six of this
article;
(B) That portion of the rule relating to institutions or
education other than community and technical colleges is retained
by the commission and continues in effect until rescinded, revised,
altered, amended or transferred to the governing boards by the
commission as provided in this section and in section six of this
article.
(i) The commission may, in its sole discretion, transfer any
rule, other than a legislative rule, to the jurisdiction of the
governing boards of the institutions under its jurisdiction who may
rescind, revise, alter or amend any rule so transferred pursuant to rules adopted by the commission pursuant to section six of this
article.
The council may, in its sole discretion, transfer any rule,
other than a legislative rule, to the jurisdiction of the governing
boards of the institutions under its jurisdiction who may rescind,
revise, alter or amend any rule so transferred pursuant to rules
adopted by the council pursuant to section six of this article.
(j) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question, the matter shall be summarized in
writing and sent to the commission which shall make a determination
regarding such matter within thirty days of receipt thereof.
(k) Rules or provisions of law which refer to other provisions
of law which were repealed, rendered inoperative or superseded by
the provisions of this section shall remain in full force and
effect to such extent as may still be applicable to higher
education and may be so interpreted. Such references include, but
are not limited to, references to sections and prior enactments of
article twenty-six, chapter eighteen of this code and code
provisions relating to retirement, health insurance, grievance
procedures, purchasing, student loans and savings plans. Any
determination which needs to be made regarding applicability of any
provision of law shall first be made by the commission.
§18B-1-6. Rulemaking.
(a) The commission is hereby empowered to promulgate, adopt,
amend or repeal rules, in accordance with the provisions of article three-a, chapter twenty-nine-a of this code, subject to the
provisions of section three of this article.
(b) The council is hereby empowered to promulgate, adopt,
amend or repeal rules in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code and subject to the
provisions of section three of this article. This grant of
rulemaking power extends only to those areas over which the council
has been granted specific authority and jurisdiction by law.
(c) As it relates to the authority granted to governing boards
of state institutions of higher education to promulgate, adopt,
amend or repeal any rule under the provisions of this code:
(1) "Rule" means any regulation, guideline, directive,
standard, statement of policy or interpretation of general
application which has institution wide effect or which affects the
rights, privileges or interests of employees, students or citizens.
Any regulation, guideline, directive, standard, statement of policy
or interpretation of general application that meets this definition
is a rule for the purposes of under this section.
(2) Regulations, guidelines or policies established for
individual units, divisions, departments or schools of the
institution, which deal solely with the internal management or
responsibilities of a single unit, division, department or school
or with academic curricular policies that do not constitute a
mission change for the institution, are excluded from this
subsection, except for the requirements relating to posting.
(3) The commission and council each shall promulgate a rule to guide the development and approval of rules made by their
respective governing boards, including the governing boards of all
state institutions of higher education Marshall University, and
West Virginia University. The rules promulgated by the commission
and council shall include, but are not limited to, the following
provisions which shall be included in the rule on rules adopted by
each governing board of a state institution of higher education:
(A) A procedure to ensure that public notice is given and that
the right of interested parties to have a fair and adequate
opportunity to respond is protected, including providing for a
thirty day public comment period prior to final adoption of a rule;
(B) Designation of a single location where all proposed and
approved rules, guidelines and other policy statements are posted
and can be accessed by the public; and
(C) A procedure to maximize Internet access to all proposed
and approved rules, guidelines and other policy statements to the
extent technically and financially feasible.
(d) Nothing in this section requires that any rule
reclassified or transferred by the commission or the council under
this section be promulgated again under the procedures set out in
article three-a, chapter twenty-nine-a of this code unless the rule
is amended or modified.
(e) The commission and council each shall file with the
Legislative Oversight Commission on Education Accountability any
rule it proposes to promulgate, adopt, amend or repeal under the
authority of this article.
(f) The governing boards of Marshall University and West
Virginia University, respectively all publicly funded state
institutions of higher education, shall promulgate and adopt any
rule which they are required to adopt by this chapter or chapter
eighteen-c of this code no later than July 1, 2006. On and after
this date:
(1) Any rule of either governing board which meets the
definition set out in subsection (c) of this section and which has
not been promulgated and adopted by formal vote of the appropriate
governing board is void and may not be enforced;
(2) Any authority granted by this code which inherently
requires the governing board to promulgate and adopt a rule is void
until the governing board complies with the provisions of this
section.
(g) Within thirty days of the adoption of a rule, including
repeal or amendment of an existing rule, the governing boards of
Marshall University and West Virginia University, respectively, all
publicly funded state institutions of higher education, shall
furnish to the commission or the council, as appropriate, a copy of
each rule which has been formally adopted;
(h) Not later than October 1, 2005, and annually thereafter,
each governing board of a state institution of higher education
shall file with the commission or the council, as appropriate, a
list of all institutional rules that were in effect for that
institution on July 1 of that year, including the most recent date
on which each rule was considered and adopted, amended or repealed by the governing board. For all rules adopted, amended or repealed
after the effective date of this section, the list shall include a
statement by the chair of the governing board certifying that the
governing board has complied with the provisions of this section
when each listed rule was adopted.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-4. Powers and duties of Higher Education Policy
Commission.
(a) The primary responsibility of the commission is to
develop, establish and implement policy that will achieve the goals
and objectives found in section one-a, article one of this chapter.
The commission shall exercise its authority and carry out its
responsibilities in a manner that is consistent and not in conflict
with the powers and duties assigned by law to the West Virginia
Council for Community and Technical College Education and the
powers and duties assigned to the governing boards of Marshall
University and West Virginia University, respectively all publicly
funded state institutions of higher education. To that end, the
commission has the following powers and duties relating to the
institutions under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda
pursuant to section one, article one-a of this chapter to address
major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of
this chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article 1a of this chapter and to develop and implement the master plan
described in section nine of this article for the purpose of
accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation jointly
with the council of a financing policy for higher education in West
Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the West Virginia Council for Community and
Technical College Education pursuant to the provisions of section
six, article two-b of this chapter;
(3) In collaboration with the council, create a policy
leadership structure capable of the following actions:
(A) Developing, building public consensus around and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the commission and council shall seek input
from the Legislature and the Governor and specifically from the
State Board of Education and local school districts in order to create the necessary linkages to assure smooth, effective and
seamless movement of students through the public education and
post-secondary education systems, and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education systems as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Serve as the accountability point to:
(A) The Governor for implementation of the public policy
agenda; and
(B) The Legislature by maintaining a close working
relationship with the legislative leadership and the Legislative
Oversight Commission on Education Accountability;
(7) Jointly with the council, promulgate legislative rules
pursuant to section five, article three-a, chapter twenty-nine-a of
this code to fulfill the purposes of section five, article one-a of
this chapter;
(8) Establish and implement a peer group for each institution
as described in section three, article one-a of this chapter;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions pursuant to
section two, article one-a of this chapter;
(10) Annually report to the Legislature and to the Legislative
Oversight Commission on Education Accountability during the January
interim meetings on a date and at a time and location to be
determined by the President of the Senate and the Speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of its system of higher education during
the previous fiscal year, including, but not limited to, progress
in meeting goals stated in the compacts and progress of the
institutions and the higher education system as a whole in meeting
the goals and objectives set forth in section one-a, article one of
this chapter;
(B) An analysis of enrollment data collected pursuant to
section one, article ten of this chapter and recommendations for
any changes necessary to assure access to high-quality, high-demand
education programs for West Virginia residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (11) of this subsection and the
justification for such priority;
(D) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(11) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments for consideration by the Governor and the Legislature
as part of the appropriation request process. It is the
responsibility of the commission to assure a fair distribution of
funds for capital projects between the commission and the council.
To that end the commission shall take the following steps:
(A) Receive the list of priorities developed by the council
for capital investment for the institutions under the council's
jurisdiction pursuant to subsection (b), section six, article two-b
of this chapter;
(B) Place the ranked list of projects on the agenda for action
within sixty days of the date on which the list was received;
(C) Select a minimum of three projects from the list submitted
by the council to be included on the ranked list established by the
commission. At least one of the three projects selected must come
from the top two priorities established by the council;
(12) Maintain guidelines for institutions to follow concerning
extensive capital project management except the governing boards of
Marshall University and West Virginia University are not subject to
the provisions of this subdivision as it relates to the state
institutions of higher education known as Marshall University and
West Virginia University. The guidelines shall provide a process
for developing capital projects, including, but not limited to, the
notification by an institution to the commission of any proposed
capital project which has the potential to exceed one million dollars in cost. Such a project may not be pursued by an
institution without the approval of the commission. An institution
may not participate directly or indirectly with any public or
private entity in any capital project which has the potential to
exceed one million dollars in cost All publicly funded state
institutions of higher education may participate directly or
indirectly with any public or private entity in any capital project
which has the potential to exceed $1 million in cost;
(13) Acquire legal services as are considered necessary,
including representation of the commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other contrary provision of this code to the
contrary. The counsel may be employed either on a salaried basis
or on a reasonable fee basis. In addition, the commission may, but
is not required to, call upon the Attorney General for legal
assistance and representation as provided by law;
(14) Employ a Chancellor for Higher Education pursuant to
section five of this article;
(15) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the commission and the
council, in accordance with the provisions of article four of this
chapter;
(16) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(17) Advise and consent in the appointment of the presidents
of the institutions of higher education under its jurisdiction pursuant to section six of this article. The role of the
commission in approving an institutional president is to assure
through personal interview that the person selected understands and
is committed to achieving the goals and objectives as set forth in
the institutional compact and in section one-a, article one of this
chapter;
(18) Approve the total compensation package from all sources
for presidents of institutions under its jurisdiction, as proposed
by the governing boards. The governing boards must obtain approval
from the commission of the total compensation package both when
institutional presidents are employed initially and afterward when
any change is made in the amount of the total compensation package;
(19) Establish and implement the policy of the state to assure
that parents and students have sufficient information at the
earliest possible age on which to base academic decisions about
what is required for students to be successful in college, other
post-secondary education and careers related, as far as possible,
to results from current assessment tools in use in West Virginia;
(20) Approve and implement a uniform standard jointly with the
council to determine which students shall be placed in remedial or
developmental courses. The standard shall be aligned with college
admission tests and assessment tools used in West Virginia and
shall be applied uniformly by the governing boards throughout the
public higher education system. The chancellors shall develop a
clear, concise explanation of the standard which they shall
communicate to the State Board of Education and the State Superintendent of Schools;
(21) Review and approve or disapprove capital projects as
described in subdivision (11) of this subsection;
(22) Jointly with the council, develop and implement an
oversight plan to manage systemwide technology such as the
following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to nontraditional
students, to provide services to business and industry and increase
the management capabilities of the higher education system.
(C) Notwithstanding any other contrary provision of law or
this code to the contrary, the council, commission and state
institutions of higher education are not subject to the
jurisdiction of the Chief Technology Officer for any purpose;
(23) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to
incur additional costs as is consistent with sound academic policy;
(24) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(25) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
master's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(26) Establish and implement policies and programs, in
cooperation with the council and the institutions of higher
education, through which students who have gained knowledge and
skills through employment, participation in education and training
at vocational schools or other education institutions, or
internet-based education programs, may demonstrate by
competency-based assessment that they have the necessary knowledge
and skills to be granted academic credit or advanced placement
standing toward the requirements of an associate degree or a
bachelor's degree at a state institution of higher education;
(27) Seek out and Attend regional, national and international
meetings and forums on education and workforce development-related
topics, as in the commission's discretion is critical for the
performance of their duties as members, for the purpose of keeping
abreast of education trends and policies to aid it in developing
the policies for this state to meet the established education goals
and objectives pursuant to section one-a, article one of this
chapter;
(28) Develop establish and implement a rule for higher
education governing boards and institutions to follow when
considering capital projects. The guidelines shall assure that the
governing boards and institutions do not approve or promote capital
projects involving private sector businesses which would have the
effect of reducing property taxes on existing properties or
avoiding, in whole or in part, the full amount of taxes which would
be due on newly developed or future properties;
(29) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government a budget
that reflects recommended appropriations from the commission and
the institutions under its jurisdiction. The commission shall
submit as part of its budget proposal the separate recommended
appropriations it received from the council, both for the council
and the institutions under the council's jurisdiction. The
commission annually shall submit the proposed institutional
allocations based on each institution's progress toward meeting the
goals of its institutional compact;
(30) The commission has the authority to assess institutions
under its jurisdiction, including the state institutions of higher
education known as Marshall University and West Virginia
University, for the payment of expenses of the commission or for
the funding of statewide higher education services, obligations or
initiatives related to the goals set forth for the provision of
public higher education in the state;
(31) Promulgate rules allocating reimbursement of appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(32) Make appointments to boards and commissions where this
code requires appointments from the State College System Board of
Directors or the University of West Virginia System Board of
Trustees which were abolished effective June 13, 2000, except in
those cases where the required appointment has a specific and
direct connection to the provision of community and technical
college education, the appointment shall be made by the council.
Notwithstanding any contrary provisions of this code to the
contrary, the commission or the council may appoint one of its own
members or any other citizen of the state as its designee. The
commission and council shall appoint the total number of persons in
the aggregate required to be appointed by these previous governing
boards;
(33) Pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The commission and the council shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
(34) Determine when a joint rule among the governing boards of
the institutions under its jurisdiction is necessary or required by law and, in those instances, in consultation with the governing
boards of all the institutions under its jurisdiction, promulgate
the joint rule;
(35) In consultation with the governing boards of Marshall
University and West Virginia University, publicly funded state
institutions of higher education, implement a policy jointly with
the council whereby course credit earned at a community and
technical college transfers for program credit at any other state
institution of higher education and is not limited to fulfilling a
general education requirement;
(36) Promulgate a joint rule with the council establishing
tuition and fee policy for all institutions of higher education,
other than state institutions of higher education known as Marshall
University and West Virginia University which are subject to the
provisions of section one, article ten of this chapter. The rule
shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the commission and council consider
appropriate;
(37) (36) Implement general disease awareness initiatives to
educate parents and students, particularly dormitory residents,
about meningococcal meningitis; the potentially life-threatening
dangers of contracting the infection; behaviors and activities that can increase risks; measures that can be taken to prevent contact
or infection; and potential benefits of vaccination. The
commission shall encourage institutions that provide medical care
to students to provide access to the vaccine for those who wish to
receive it; and
(38) (37) Notwithstanding any other contrary provision of this
code to the contrary, sell, lease, convey or otherwise dispose of
all or part of any real property which it may own, either by
contract or at public auction, and to retain the proceeds of any
such sale or lease. Provided, That However:
(A) The commission may not sell, lease, convey or otherwise
dispose of convey any real property without first:
(i) Providing notice to the public in the county in which the
real property is located by a Class II legal advertisement pursuant
to section two, article three, chapter fifty-nine of this code;
(ii) Holding a public hearing on the issue in the county in
which the real property is located; and
(iii) Providing notice to the Joint Committee on Government
and Finance; and
(B) Any proceeds from the sale, lease, conveyance or other
disposal conveyance of real property that is used jointly by
institutions or for statewide programs under the jurisdiction of
the commission or the council shall be transferred to the General
Revenue Fund of the state.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the commission has the following general powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership, including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission
definitions, including use of incentive funds to influence
institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval for institutions
under its jurisdiction, including the use of institutional missions
as a template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes. The
commission's authority to review and approve academic programs for
either the state institution of higher education known as Marshall
University or West Virginia University publicly funded state
institutions of higher education is limited to programs that are
proposed to be offered at a new location not presently served by
that institution;
(5) Distribution of funds appropriated to the commission,
including incentive and performance-based funding;
(6) Administration of state and federal student aid programs
under the supervision of the vice chancellor for administration,
including promulgation of any rules necessary to administer those programs;
(7) Serving as the agent to receive and disburse public funds
when a governmental entity requires designation of a statewide
higher education agency for this purpose;
(8) Development, establishment and implementation of
information assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Jointly with the council, developing, establishing and
implementing policies for licensing and oversight for both public
and private degree-granting and nondegree-granting institutions
that provide post-secondary education courses or programs in the
state pursuant to the findings and policy recommendations required
by section eleven of this article;
(10) Development, implementation and oversight of statewide
and regionwide projects and initiatives related to providing
post-secondary education at the baccalaureate level and above such
as those using funds from federal categorical programs or those
using incentive and performance-based funding from any source; and
(11) Quality assurance that intersects with all other duties
of the commission particularly in the areas of research, data
collection and analysis, planning, policy analysis, program review
and approval, budgeting and information and accountability systems.
(c) In addition to the powers and duties provided in
subsections (a) and (b) of this section and any other powers and duties as may be assigned to it by law, the commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The commission is authorized to withdraw specific powers
of any governing board of an institution under its jurisdiction for
a period not to exceed two years, if the commission makes a
determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
The period of withdrawal of specific powers may not exceed two
years during which time the commission is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-3. Promulgation of rules.
(a) The governing boards are subject to the supervision of the
Commission or the Council, as appropriate, except for the governing
boards of Marshall University and West Virginia University as it relates to the state institutions of higher education known as
Marshall University and West Virginia University. The Chancellor
for Higher Education and the Chancellor for Community and Technical
College Education, under the supervision of their respective
boards, are responsible for the coordination of policies and
purposes of the governing boards and shall provide for and
facilitate sufficient interaction among the governing boards and
between the governing boards and the State Board of Education to
meet the goals and objectives provided in the compacts and in
section one-a, article one of this chapter.
(b) The governing boards and the State Board of Education
shall provide any and all information requested by the commission
or the council in an appropriate format and in a timely manner.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institution of higher education under its jurisdiction;
(b) Develop a master plan for the institution under its
jurisdiction.
(1) The ultimate responsibility for developing and updating
the master plans at the institutional level resides with the board
of governors, but the ultimate responsibility for approving the
final version of the institutional master plans, including periodic
updates, resides with the commission or council, as appropriate.
(2) Each master plan shall include, but not be limited to, the
following:
(A) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(B) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in a plan to assure that the needs of the
institution's area of responsibility for a quality system of higher
education are addressed;
(C) Document the involvement of the commission or council, as
appropriate, institutional constituency groups, clientele of the
institution and the general public in the development of all
segments of the institutional master plan.
(3) The plan shall be established for periods of not less than
three nor more than five years and shall be revised periodically as
necessary, including the addition or deletion of degree programs
as, in the discretion of the appropriate governing board, are
necessary;
(c) Prescribe for the institution under its jurisdiction, in
accordance with its master plan and compact, specific functions and
responsibilities to achieve the goals, objectives and priorities
established in articles one and one-d of this chapter to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;
(d) Direct the preparation of a budget request for the institution under its jurisdiction, which relates directly to
missions, goals and projections as found in the institutional
master plan and the institutional compact;
(e) Consider, revise and submit to the commission or council,
as appropriate, a budget request on behalf of the institution under
its jurisdiction;
(f) Review, at least every five years, all academic programs
offered at the institution under its jurisdiction. The review
shall address the viability, adequacy and necessity of the programs
in relation to established state goals, objectives and priorities,
the institutional master plan, the institutional compact and the
education and workforce needs of its responsibility district. As
a part of the review, each governing board shall require the
institution under its jurisdiction to conduct periodic studies of
its graduates and their employers to determine placement patterns
and the effectiveness of the education experience. Where
appropriate, these studies should coincide with the studies
required of many academic disciplines by their accrediting bodies;
(g) Ensure that the sequence and availability of academic
programs and courses offered by the institution under its
jurisdiction is such that students have the maximum opportunity to
complete programs in the time frame normally associated with
program completion. Each governing board is responsible to see
that the needs of nontraditional college-age students are
appropriately addressed and, to the extent it is possible for the
individual governing board to control, to assure core course work completed at the institution under its jurisdiction is transferable
to any other state institution of higher education for credit with
the grade earned;
(h) Subject to the provisions of article one-b of this
chapter, approve the teacher education programs offered in the
institution under its control. In order to permit graduates of
teacher education programs to receive a degree from a nationally
accredited program and in order to prevent expensive duplication of
program accreditation, the commission may select and use one
nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation;
(i) Use faculty, students and classified employees in
institutional-level planning and decision making when those groups
are affected;
(j) Subject to the provisions of federal law and pursuant to
the provisions of article nine of this chapter and to rules adopted
by the commission and the council, administer a system for the
management of personnel matters, including, but not limited to,
personnel classification, compensation and discipline for employees
at the institution under its jurisdiction;
(k) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article two, chapter six-c
of this code is the exclusive mechanism for hearing prospective
employee grievances and appeals;
(l) Solicit and use or expend voluntary support, including financial contributions and support services, for the institution
under its jurisdiction;
(m) Appoint a president for the institution under its
jurisdiction subject to the provisions of section six, article
one-b of this chapter;
(n) Conduct written performance evaluations of the president
pursuant to section six, article one-b of this chapter;
(o) Employ all faculty and staff at the institution under its
jurisdiction. The employees operate under the supervision of the
president, but are employees of the governing board;
(p) Submit to the commission or council, as appropriate, no
later than November 1 of each year an annual report of the
performance of the institution under its jurisdiction during the
previous fiscal year as compared to established state goals,
objectives and priorities, and goals stated in its master plan and
institutional compact;
(q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the public
institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal,
the boards may share resources among the various groups in the
community;
(r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this chapter;
(s) Delegate, with prescribed standards and limitations, the
part of its power and control over the business affairs of the
institution to the president in any case where it considers the
delegation necessary and prudent in order to enable the institution
to function in a proper and expeditious manner and to meet the
requirements of its master plan and institutional compact. If a
governing board elects to delegate any of its power and control
under the provisions of this subsection, it shall enter the
delegation in the minutes of the meeting when the decision was made
and shall notify the commission or council, as appropriate. Any
delegation of power and control may be rescinded by the appropriate
governing board, the commission or council, as appropriate, at any
time, in whole or in part; except that the commission may not
revoke delegations of authority made by the governing boards of
Marshall University or West Virginia University as they relate to
the state institutions of higher education known as Marshall
University and West Virginia University;
(t) Unless changed by the commission or the council, as
appropriate, continue to abide by existing rules setting forth
standards for acceptance of advanced placement credit for the
institution under its jurisdiction. Individual departments at a
state institution of higher education may, upon approval of the
institutional faculty senate, require higher scores on the advanced
placement test than scores designated by the governing board when
the credit is to be used toward meeting a requirement of the core curriculum for a major in that department;
(u) Consult and cooperate and work with the State Treasurer
and the State Auditor to update as necessary and maintain an
efficient and cost-effective system for the financial management
and expenditure of special revenue and appropriated state funds at
the institution under its jurisdiction that ensures that properly
submitted requests for payment be paid on or before due date but,
in any event, within fifteen days of receipt in the State Auditor's
office;
(v) In consultation with the appropriate chancellor and the
Secretary of the Department of Administration, develop, update as
necessary and maintain a plan to administer a consistent method of
conducting personnel transactions, including, but not limited to,
hiring, dismissal, promotions and transfers at the institution
under its jurisdiction. Each personnel transaction shall be
accompanied by the appropriate standardized system or forms which
shall be submitted to the respective governing board and the
Department of Finance and Administration;
(w) Notwithstanding any other contrary provision of this code
to the contrary, transfer funds from any account specifically
appropriated for its use to any corresponding line item in a
general revenue account at any agency or institution under its
jurisdiction as long as such transferred funds are used for the
purposes appropriated;
(x) Transfer funds from appropriated special revenue accounts
for capital improvements under its jurisdiction to special revenue accounts at agencies or institutions under its jurisdiction as long
as such transferred funds are used for the purposes appropriated;
(y) Notwithstanding any other contrary provision of this code
to the contrary, acquire legal services that are necessary,
including representation of the governing board, its institution,
employees and officers before any court or administrative body.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the governing board may, but is
not required to, call upon the Attorney General for legal
assistance and representation as provided by law; and
(z) Contract and pay for disability insurance for a class or
classes of employees at a state institution of higher education
under its jurisdiction.
(aa) Maintain guidelines for institutions under its control to
follow concerning extensive capital project management. The
guidelines are to provide a process for developing capital
projects, including, but not limited to, the notification by an
institution to the commission of any proposed capital project which
has the potential to exceed $1 million.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-5. Campus police officers; appointment; qualifications;
authority; compensation and removal.
(a) The governing boards may appoint bona fide residents of
this state to serve as campus police officers upon any premises
owned or leased by the State of West Virginia and under the
jurisdiction of the governing boards, subject to the conditions and restrictions established in this section.
(1) A person who previously was qualified for employment as a
law-enforcement officer for a state agency or political subdivision
of the state is considered certified for appointment as a campus
police officer at all publicly funded the state institutions of
higher education. under the jurisdiction of the governing boards of
Marshall University and West Virginia University.
(2) Before performing duties as a campus police officer in any
county, a person shall qualify as is required of county police
officers by:
(A) Taking and filing an oath of office as required by article
one, chapter six of this code; and
(B) Posting an official bond as required by article two,
chapter six of this code.
(b) A campus police officer may carry a gun and any other
dangerous weapon while on duty if the officer fulfills the
certification requirement for law-enforcement officers under
section five, article twenty-nine, chapter thirty of this code or
meets the requirements of subsection (a) of this section.
(c) It is the duty of a campus police officer to preserve law
and order:
(1) On the premises under the jurisdiction of the governing
board; and
(2) On any street, road or thoroughfare, except controlled
access and open country highways, immediately adjacent to or
passing through premises, to which the officer is assigned by the president of the state institution of higher education.
(A) For the purpose of this subdivision, the campus police
officer is a law-enforcement officer pursuant to the provisions of
section one, article twenty-nine, chapter thirty of this code.
(B) The officer has and may exercise all the powers and
authority of a law-enforcement officer as to offenses committed
within the area assigned;
(C) The officer is subject to all the requirements and
responsibilities of a law-enforcement officer;
(D) Authority assigned pursuant to this subdivision does not
supersede in any way the authority or duty of other law-enforcement
officers to preserve law and order on such premises.
(E) Campus police officers may assist a local law-enforcement
agency on public highways. The assistance may be provided to
control traffic in and around premises owned by the state when:
(i) Traffic is generated as a result of athletic or other
activities conducted or sponsored by a state institution of higher
education; and
(ii) The assistance has been requested by the local
law-enforcement agency.
(F) Campus police officers may assist a local law-enforcement
agency in any location under the agency's jurisdiction at the
request of the agency.
(d) The salary of a campus police officer is paid by the
appropriate governing board. Each state institution may furnish
each campus police officer with a firearm and an official uniform to be worn while on duty. The institution shall furnish and
require each officer while on duty to wear a shield with an
appropriate inscription and to carry credentials certifying to the
person's identity and authority as a campus police officer.
(e) A governing board may at its pleasure revoke the authority
of any campus police officer and such officers serve at the will
and pleasure of the governing board. The president of the state
institution shall report the termination of employment of a campus
police officer by filing a notice to that effect in the office of
the clerk of each county in which the campus police officer's oath
of office was filed.
§18B-4-5a. Crimes committed on campus of institutions of higher
education.
(a) The president or a designee of each state institution of
higher education shall on a regular and timely basis provide
information to the public concerning alleged crimes occurring on
the institution's property which have been reported to a campus
police officer or any other officer of the institution.
(1) A crime is considered reported when:
(A) A campus police officer or other officer of the
institution determines that the report is credible;
(B) The report is submitted in writing and attested to by the
victim on forms at the institution for such purpose; or
(C) The institution is notified by a law-enforcement agency of
the reporting of a crime alleged to have occurred on the
institution's property.
(2) Such reports are referred within twenty-four hours to the
appropriate law-enforcement agencies, as defined in section one,
article twenty-nine, chapter thirty of this code, for further
investigation.
(b) For the At all publicly funded state institutions of
higher education under the jurisdiction of the Governing Board of
Marshall University and for the state institution of higher
education known as West Virginia University only, the campus police
shall investigate a crime within their respective jurisdictions for
up to thirty days if the county prosecuting attorney does not
reassign the case to another agency sooner.
(c) The information required to be made available to the
public regarding the crime report shall be available within ten
days of the report. The information shall include the nature of
the criminal offense, the date of the offense, the general location
of the offense (such as a designation of a specific building or
area of the campus) and the time of day when the offense occurred.
(1) This subsection does not require the release of any
information which may disclose the identity of the victim.
(2) The institution shall withhold the information required to
be made available to the public for a longer period upon
certification of investigative need that the information be
withheld from the public.
(A) The certification shall be filed by an officer of one of
the investigating law-enforcement agencies with the president of
the institution or the designee to whom the duties required by this section have been delegated.
(B) The required information may not be withheld after an
arrest has been made in connection with the crime report.
(d) For purposes of this section, "crime" is defined as those
offenses required to be reported under the federal Crime Awareness
and Campus Security Act of 1990, as amended. "Crime" includes
murder, rape, robbery, aggravated assault, burglary, motor vehicle
theft and arrests for liquor, drug or weapons laws violations.
(e) The council and commission shall provide crime reporting
forms to institutions under their respective jurisdictions and
promulgate a rule pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code as necessary to implement this
section.
§18B-4-6. Acquisition, operation and regulation of parking areas
and facilities at state institutions of higher
education; regulation of parking, speed and flow of
traffic on campus roads and driveways; civil and
criminal penalties; disposition of revenue.
(a) The governing boards are hereby authorized to construct,
maintain and operate automobile parking facilities or areas upon
any premises owned or leased at any state institution of higher
education under their jurisdiction for use by students, faculty,
staff and visitors. The governing boards may charge fees for use
of the parking facilities or areas under their control. All moneys
collected for the use of the parking facilities or areas shall be
paid to the credit of the state institution of higher education at which the fees were charged into a special fund in the State
Treasury. The moneys in the fund are used first to pay the cost of
maintaining and operating the parking facilities or areas.
Any excess not needed for this purpose may be used for the
acquisition of property by lease or purchase and the construction
thereon of additional parking facilities or areas. Any money in
the fund not needed immediately for the acquisition, construction,
maintenance or operation of the parking facilities or areas may be
temporarily invested by the governing boards with the West Virginia
Investment Management Board to the credit of the institution by
which the fees were charged.
(b) Notwithstanding any other contrary motor vehicle or
traffic law or regulation to the contrary, a governing board may
regulate and control at any state institution under its
jurisdiction the speed, flow and parking of vehicles on campus
roads, driveways and parking facilities or areas.
(1) Rules for this purpose shall be promulgated by the
governing boards in the manner as prescribed in section six,
article one of this chapter; and
(2) When so promulgated, the rules have the force and effect
of law.
(3) The governing board shall post in a conspicuous location
in each parking facility or area, a summary of the rules governing
the use of the facility or area including, but not limited to, the
availability of temporary parking permits and where these permits
may be obtained and the penalties which may be imposed for violations of the rules.
(4) The governing board shall post in a conspicuous location
along each campus road and driveway notice signs pertaining to the
speed of vehicles, spaces available for parking, directional flow
of traffic and penalties which may be imposed for violations of the
rules.
(c) Any person parking or operating a vehicle in violation of
the rules shall be issued a citation:
(1) Describing the offense charged;
(2) Ordering an appearance:
(A) Within ten days, excluding Saturdays, Sundays and holidays
observed by the state institution, before a designated official of
the institution;
(B) Before a magistrate located in the county if the person
cited fails to appear within the ten days; or
(C) Before the judge of the municipal court, if the state
institution is located within a municipality having such an
official, and the person cited fails to appear within the ten days.
(d) The designated official of the state institution has
exclusive jurisdiction of the offense during the ten-day period
until the citations are forwarded to a magistrate. For the state
institutions of higher education under the jurisdiction of the
Governing Board of Marshall University and for the state
institution of higher education known as West Virginia University
only, the The designated official of the institution has exclusive
jurisdiction of the offense for thirty days following the violation. After thirty days the official forwards the citation to
a magistrate. Any person so cited may plead no contest to the
offense and, by so pleading, is subject to a civil penalty to be
determined uniformly by the designated official and commensurate
with the severity of the offense. For the state institutions under
the jurisdiction of the Governing Board of Marshall University and
for the state institution of higher education known as West
Virginia University only, For all publicly funded state
institutions of higher education the amount imposed may not exceed
$20. For all other institutions the amount may not exceed ten
dollars, for each offense as partial reimbursement to the state
institution of higher education for the cost of regulating traffic
and parking. In the case of the state institutions under the
jurisdiction of the Governing Board of Marshall University and in
the case of the state institution of higher education known as West
Virginia University only, the The designated official shall
determine the penalty uniformly, commensurate with the severity of
the offense, and may apply academic restrictions in lieu of
requiring a student to appear in court and receive penalties
otherwise provided in this section. Moneys derived from civil
penalties imposed herein shall be deposited in the special fund in
the State Treasury created by this section and credited to the
state institution to which the penalty was paid.
(e) Upon expiration of the ten day or thirty day period, as
applicable, or upon a pleading of not guilty before the designated
official of the state institution within the applicable period, the magistrate or judge of the municipal court has jurisdiction of the
offense.
Any person cited under the provisions of this section,
upon a finding of guilty by the magistrate or municipal judge, is
subject to a fine for each offense by the state institutions under
the jurisdiction of the Governing Board of Marshall University
and
for the state institution of higher education known as West
Virginia University only, of up to $40, and at all other state
institutions not less than ten dollars nor more than twenty
dollars, the amount to be commensurate with the severity of the
offense.
(f) Each designated official of a state institution presiding
over a case under the provisions of this section shall keep a
record of every citation which alleges a violation of such
provisions this section, or the rules promulgated in accordance
therewith, and shall keep a record of every official action in
reference thereto including, but not limited to, a record of every
plea of no contest, conviction or acquittal, of the offense
charged, and the amount of the fine or civil penalty resulting from
each citation.
(g) Whenever a vehicle is parked on any state institution
campus road, driveway or parking facility or area in a manner which
violates posted rules and substantially impedes the flow of traffic
or endangers the health and safety, the institution may, in
addition to the issuing of a citation and subsequent procedures set
forth herein, remove the vehicle, by towing or otherwise, to an
area owned by the institution or areas designated for this purpose. The vehicle, having been towed to the designated area or areas, may
be rendered immovable by use of locking wheel blocks or other
device not damaging to the vehicle. The state institution of
higher education shall maintain any vehicle so towed in the same
condition as it was immediately prior to being towed, but shall not
be liable for any damage to a vehicle towed to, or kept in, a
designated area pursuant to the provisions of this section. The
state institution of higher education shall pay for the cost of
removing the vehicle and shall have a right to reimbursement from
the owner for this cost and for the reasonable cost of keeping the
vehicle in the designated area. Until payment of these costs, the
state institution of higher education may retain possession of the
vehicle and the institution shall have a lien on the vehicle for
the amount due. The state institution of higher education may
enforce this lien in the manner provided in section fourteen,
article eleven, chapter thirty-eight of this code for the
enforcement of other liens. For the state institutions of higher
education under the jurisdiction of the Governing Board of Marshall
University and for the state institution of higher education known
as West Virginia University only, the
provisions of This subsection
also apply applies when a vehicle is subject to three or more
unpaid citations.
(h)
If, at any time, Marshall Community and Technical College
ceases to share a physical campus location with Marshall
University, it may not be included as an institution under the
jurisdiction of the governing board of Marshall University for the purposes of subsection (a). ,(d),(e) and (g) of this section.
§18B-4-7. Accreditation of institutions of higher education;
standards for degrees.
The council shall make rules for the accreditation of
community and technical colleges in this state and shall determine
the minimum standards for conferring degrees. The commission shall
make rules for the accreditation of colleges and universities in
this state, except the governing boards of Marshall University and
West Virginia University shall make rules for the state
institutions of higher education known as Marshall University and
West Virginia University, and shall determine the minimum standards
for conferring degrees. The governing boards of all publicly
funded state institutions of higher education shall make rules for
their institutions and shall determine the minimum standards for
conferring degrees. The governing boards of Marshall University
and West Virginia University all publicly funded state institutions
of higher education shall promulgate rules pursuant to the
provisions of section six, article one of this chapter for the
accreditation of the state institutions of higher education. known
as Marshall University and West Virginia University. An
institution of higher education may not confer any degree on any
basis of work or merit below the minimum standards prescribed by
the council, commission or the governing boards. Nothing in this
section infringes upon the rights, including rights to award
degrees, granted to any institution by charter given according to
law, or by actions of the council or commission or their predecessors, prior to the effective date of this section. With
the approval of the commission, governing boards of institutions
which currently offer substantial undergraduate course offerings
and a master's degree in a discipline are authorized to grant
baccalaureate degrees in that discipline.
Except as otherwise provided in this section, a charter or
other instrument containing the right to confer degrees of higher
education status may not be granted by the State of West Virginia
to any institution, association or organization within the state,
nor may any such degree be awarded, until the condition of
conferring the degree has first been approved in writing by the
council, commission or appropriate governing board.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment, services and printing.
(a) The council, commission and each governing board, through
the Vice Chancellor for Administration, shall purchase or acquire
all materials, supplies, equipment, services and printing required
for that governing board or the council or commission, as
appropriate, and the state institutions of higher education under
their jurisdiction, except the governing boards of Marshall
University and West Virginia University, respectively, all publicly
funded state institutions of higher education, are subject to the
provisions of subsection (d) of this section.
(b) The commission and council jointly shall adopt rules
governing and controlling acquisitions and purchases in accordance with the provisions of this section. The rules shall assure that
the council, commission and governing boards:
(1) Do not preclude any person from participating and making
sales thereof to the governing board or to the council or
commission except as otherwise provided in section five of this
article. Provision of Consultant services such as strategic
planning services does not preclude or inhibit the governing
boards, council or commission from considering any qualified bid or
response for delivery of a product or a commodity because the
consultant services are rendered;
(2) Establish and prescribe specifications, in all proper
cases, for materials, supplies, equipment, services and printing to
be purchased;
(3) Adopt and prescribe such purchase order, requisition or
other forms as may be required;
(4) Negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market or
through other accepted methods of governmental purchasing as may be
practicable in accordance with general law;
(5) Advertise for bids on all purchases exceeding $25,000, to
purchase by means of sealed bids and competitive bidding or to
effect advantageous purchases through other accepted governmental
methods and practices;
(6) Post notices of all acquisitions and purchases for which
competitive bids are being solicited in the purchasing office of
the specified institution involved in the purchase, at least two weeks prior to making such purchases and ensure that the notice is
available to the public during business hours;
(7) Provide for purchasing in the open market;
(8) Provide for vendor notification of bid solicitation and
emergency purchasing;
(9) Provide that competitive bids are not required for
purchases of $25,000 or less; and
(10) Provide for not fewer than three bids where bidding is
required. If fewer than three bids are submitted, an award may be
made from among those received.
(c) When a state institution of higher education submits a
contract, agreement or other document to the Attorney General for
approval as to form as required by this chapter the following
conditions apply:
(1) "Form" means compliance with the Constitution and statutes
of the State of West Virginia.
(2) The Attorney General does not have the authority to reject
a contract, agreement or other the document based on the
substantive provisions therein or any extrinsic matter so long as
it complies with the Constitution and statutes of this state.
(3) Within fifteen days of receipt, the Attorney General shall
notify the appropriate state institution of higher education in
writing that the contract, agreement or other document is approved
or disapproved as to form. If the contract, agreement or other
document is disapproved as to form, the notice of disapproval shall
identify each defect that supports the disapproval.
(4) If the state institution elects to challenge the
disapproval by filing a Writ of Mandamus or other action and
prevails, then the Attorney General shall pay reasonable attorney
fees and costs incurred.
(d) Pursuant to this subsection, the governing boards of
Marshall University and West Virginia University, respectively, all
publicly funded state institutions of higher education may:
(1) Purchase or Acquire all materials, supplies, equipment,
services and printing required for the governing board without
approval from the Commission or the Vice Chancellor for
Administration and may issue checks in advance to cover postage as
provided in subsection (f) of this section;
(2) Make purchases from cooperative buying groups, consortia,
the federal government or from federal government contracts if the
materials, supplies, services, equipment or printing to be
purchased is available from these groups and if this would be the
most financially advantageous manner of making the purchase;
(3) Select and acquire by contract or lease all grounds,
buildings, office space or other space, and capital improvements,
including equipment, the rental of which is necessarily required by
the governing board; and
(4) Use purchase cards under terms approved for the
commission, the council and governing boards of state institutions
of higher education and participate in any expanded program of use
as provided in under subsection (w) of this section.
(e) The governing boards shall adopt sufficient accounting and auditing procedures and promulgate and adopt appropriate rules
subject to the provisions of section six, article one of this
chapter to govern and control acquisitions, purchases, leases and
other instruments for grounds, buildings, office or other space,
and capital improvements, including equipment, or lease-purchase
agreements.
(f) The council, commission or each governing board, through
the Vice Chancellor for Administration, may issue a check in
advance to a company supplying postage meters for postage used by
that board, the council or commission and by the state institutions
of higher education under their jurisdiction.
(g) When a purchase is to be made by bid, any or all bids may
be rejected. However, all purchases based on advertised bid
requests shall be awarded to the lowest responsible bidder taking
into consideration the qualities of the articles to be supplied,
their conformity with specifications, their suitability to the
requirements of the governing boards, council or commission and
delivery terms. The preference for resident vendors as provided in
section thirty-seven, article three, chapter five-a of this code
apply to the competitive bids made pursuant to this section.
(h) The governing boards, council and commission shall
maintain a purchase file, which shall be a public record and open
for public inspection. After the award of the order or contract,
the governing boards, council and commission shall indicate upon
the successful bid that it was the successful bid and shall further
indicate why bids are rejected and, if the mathematical low vendor is not awarded the order or contract, the reason therefor. A
record in the purchase file may not be destroyed without the
written consent of the Legislative Auditor. Those files in which
the original documentation has been held for at least one year and
in which the original documents have been reproduced and archived
on microfilm or other equivalent method of duplication may be
destroyed without the written consent of the Legislative Auditor.
All files, no matter the storage method, shall be open for
inspection by the Legislative Auditor upon request.
(i) The commission and council also jointly shall adopt rules
to prescribe qualifications to be met by for any person who is to
be employed as a buyer pursuant to this section. These rules shall
require that a person may not be employed as a buyer unless that
person, at the time of employment, either is:
(1) A graduate of an accredited college or university; or
(2) Has at least four years' experience in purchasing for any
unit of government or for any business, commercial or industrial
enterprise.
(j) Any person making purchases and acquisitions pursuant to
this section shall execute a bond in the penalty of $50,000,
payable to the State of West Virginia, with a corporate bonding or
surety company authorized to do business in this state as surety
thereon, in form prescribed by the Attorney General and conditioned
upon the faithful performance of all duties in accordance with this
section and sections five through eight, inclusive, of this article
and the rules of the governing board and the council and commission. In lieu of separate bonds for such buyers, a blanket
surety bond may be obtained. Any such bond shall be filed with the
Secretary of State. The cost of any such bond shall be paid from
funds appropriated to the applicable governing board or the council
or commission.
(k) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article two,
chapter five-a of this code relating to expenditure schedules and
quarterly allotments of funds. Notwithstanding any other contrary
provision of this code to the contrary, only those purchases
exceeding the dollar amount for competitive sealed bids in this
section are required to be encumbered and they may be entered into
the state's centralized accounting system by the staff of the
commission, council or governing boards to satisfy the requirements
of article two, chapter five-a of this code and specifically
sections twenty-six, twenty-seven and twenty-eight of said article
to determine whether the amount of the purchase is within the
commission's, council's or governing board's quarterly allotment,
is in accordance with the approved expenditure schedule and
otherwise conforms to the provisions of said article.
(l) The governing boards, council and commission may make
requisitions upon the Auditor for a sum to be known as an advance
allowance account, not to exceed five percent of the total of the
appropriations for the governing board, council or commission, and
the Auditor shall draw a warrant upon the treasurer for such accounts. All advance allowance accounts shall be accounted for by
the applicable governing board or the council or commission once
every thirty days or more often if required by the State Auditor.
(m) Contracts entered into pursuant to this section shall be
signed by the applicable governing board or the council or
commission in the name of the state and shall be approved as to
form by the Attorney General. A contract which requires approval
as to form by the Attorney General is considered approved if the
Attorney General has not responded within fifteen days of
presentation of the contract. A contract or a change order for
that contract and notwithstanding any other contrary provision of
this code to the contrary, associated documents such as performance
and labor/material payments, bonds and certificates of insurance
which use terms and conditions or standardized forms previously
approved by the Attorney General and do not make substantive
changes in the terms and conditions of the contract do not require
approval as to form by the Attorney General. The Attorney General
shall make a list of those changes which he or she considers to be
substantive and the list, and any changes thereto, shall be
published in the State Register. A contract that exceeds the
dollar amount requiring competitive sealed bids in this section
shall be filed with the State Auditor. If requested to do so, the
governing boards, council or commission shall make all contracts
available for inspection by the State Auditor. The governing
board, council or commission, as appropriate, shall prescribe the
amount of deposit or bond to be submitted with a bid or contract, if any, and the amount of deposit or bond to be given for the
faithful performance of a contract.
(n) If the governing board, council or commission purchases or
contracts for materials, supplies, equipment, services and printing
contrary to the provisions of sections four through seven of this
article or the rules pursuant thereto, such purchase or contract is
void and of no effect.
(o) Any governing board or the council or commission, as
appropriate, may request the director of purchases to make
available, from time to time, the facilities and services of that
department to the governing boards, council or commission in the
purchase and acquisition of materials, supplies, equipment,
services and printing and the director of purchases shall cooperate
with that governing board, council or commission, as appropriate,
in all such purchases and acquisitions upon such request.
(p) Each governing board or the council or commission, as
appropriate, shall permit private institutions of higher education
to join as purchasers on purchase contracts for materials,
supplies, services and equipment entered into by that governing
board or the council or commission. Any private school desiring to
join as purchasers on such purchase contracts shall file with that
governing board or the council or commission an affidavit signed by
the president of the institution of higher education or a designee
requesting that it be authorized to join as purchaser on purchase
contracts of that governing board or the council or commission, as
appropriate. The private school shall agree that it is bound by such terms and conditions as that governing board or the council or
commission may prescribe and that it will be responsible for
payment directly to the vendor under each purchase contract.
(q) Notwithstanding any other contrary provision of this code
to the contrary, the governing boards, council and commission, as
appropriate, may make purchases from cooperative buying groups,
consortia, the federal government or from federal government
contracts if the materials, supplies, services, equipment or
printing to be purchased is available from cooperative buying
groups, consortia, the federal government or from a federal
contract and purchasing from the cooperative buying groups,
consortia, federal government or from a federal government contract
would be the most financially advantageous manner of making the
purchase.
(r) An independent performance audit of all purchasing
functions and duties which are performed at any state institution
of higher education, except Marshall University and West Virginia
University, shall be performed each fiscal year. The Joint
Committee on Government and Finance shall conduct the performance
audit and the governing boards, council and commission, as
appropriate, are responsible for paying the cost of the audit from
funds appropriated to the governing boards, council or commission.
(1) The governing boards of Marshall University and West
Virginia University, respectively, of all publicly funded state
institutions of higher education, shall provide for independent
performance audits of all purchasing functions and duties on their campuses at least once in each three-year period.
(2) (1) Each audit shall be inclusive of the entire time
period that has elapsed since the date of the preceding audit.
(3) (2) Copies of all appropriate documents relating to any
audit performed by the governing boards of Marshall University and
West Virginia University publicly funded state institutions of
higher education shall be furnished to the Joint Committee on
Government and Finance and the Legislative Oversight Commission on
Education Accountability within thirty days of the date the audit
report is completed.
(s) The governing boards shall require each institution under
their respective jurisdictions to notify and inform every vendor
doing business with that institution of the provisions of section
fifty-four, article three, chapter five-a of this code, also known
as the Prompt Pay Act of 1990.
(t) Consultant services, such as strategic planning services,
do not preclude or inhibit the governing boards, council or
commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services.
(u) The commission or council may enter into lease-purchase
agreements for capital improvements, including equipment, on behalf
of or for the benefit of state institutions of higher education,
the commission or council. After the commission or council, as
appropriate, has granted approval for lease-purchase agreements by
the governing boards, a governing board, may enter into lease-purchase agreements for capital improvements, including
equipment, except the The governing boards of Marshall University
and West Virginia University all publicly funded state institutions
of higher education may enter into lease-purchase agreements for
the state institutions of higher education known as Marshall
University and West Virginia University without seeking the
approval of the commission or the council. Any lease-purchase
agreement so entered shall constitute a special obligation of the
State of West Virginia. The obligation under a lease-purchase
agreement so entered may be from any funds legally available to the
commission, council or the institution and must be cancelable at
the option of the commission, council or the governing board or
institution at the end of any fiscal year. The obligation, any
assignment or securitization thereof, never constitutes an
indebtedness of the State of West Virginia or any department,
agency or political subdivision thereof, within the meaning of any
constitutional provision or statutory limitation, and may not be a
charge against the general credit or taxing powers of the state or
any political subdivision thereof. Such facts shall be plainly
stated in any lease-purchase agreement. Further, the
lease-purchase agreement shall prohibit assignment or
securitization without consent of the lessee and the approval of
the agreement as to form by the Attorney General of West Virginia.
Proposals for any agreement shall be requested in accordance with
the requirements of this section and any rules or guidelines of the
commission and council. In addition, any lease-purchase agreement which exceeds $100,000 total shall be approved as to form by the
Attorney General of West Virginia. The interest component of any
lease-purchase obligation is exempt from all taxation of the State
of West Virginia, except inheritance, estate and transfer taxes.
It is the intent of the Legislature that if the requirements set
forth in the Internal Revenue Code of 1986, as amended, and any
regulations promulgated pursuant thereto are met, the interest
component of any lease-purchase obligation also is exempt from the
gross income of the recipient for purposes of federal income
taxation and may be designated by the governing board or the
president of the institution as a bank-qualified obligation.
(v) Notwithstanding any other contrary provision of this code
to the contrary, the commission, council and governing boards have
the authority, in the name of the state, to lease, or offer to
lease, as lessee, any grounds, buildings, office or other space in
accordance with this paragraph and as provided below:
(1) The commission, council and governing boards have sole
authority to select and to acquire by contract or lease all
grounds, buildings, office space or other space, the rental of
which is necessarily required by the commission, council or
governing boards for the institutions under their jurisdiction.
For state institutions of higher education other than Marshall
University and West Virginia University, the chief executive
officer of the commission, council or an institution shall certify
the following:
(A) That the grounds, buildings, office space or other space requested is necessarily required for the proper function of the
commission, council or institution;
(B) That the commission, council or institution will be
responsible for all rent and other necessary payments in connection
with the contract or lease; and
(C) That satisfactory grounds, buildings, office space or
other space is not available on grounds and in buildings currently
owned or leased by the commission, council or the institution.
Before executing any rental contract or lease, the commission,
council or a governing board shall determine the fair rental value
for the rental of the requested grounds, buildings, office space or
other space, in the condition in which they exist, and shall
contract for or lease the premises at a price not to exceed the
fair rental value.
(2) The commission, council and governing boards are
authorized to enter into long-term agreements for buildings, land
and space for periods longer than one fiscal year but not to exceed
forty years. Any purchase of real estate, any lease-purchase
agreement and any construction of new buildings or other
acquisition of buildings, office space or grounds resulting
therefrom, pursuant to the provisions of this subsection shall be
presented by the commission or council, as appropriate, to the
Joint Committee on Government and Finance for prior review. Any
such lease shall contain, in substance, all the following
provisions:
(A) That the commission, council or governing board, as lessee, has the right to cancel the lease without further
obligation on the part of the lessee upon giving thirty days'
written notice to the lessor at least thirty days prior to the last
day of the succeeding month;
(B) That the lease is considered canceled without further
obligation on the part of the lessee if the Legislature or the
federal government fails to appropriate sufficient funds therefor
or otherwise acts to impair the lease or cause it to be canceled;
and
(C) That the lease is considered renewed for each ensuing
fiscal year during the term of the lease unless it is canceled by
the commission, council or governing board before the end of the
then-current fiscal year.
(3) The commission, council or institution which is granted
any grounds, buildings, office space or other space leased in
accordance with this section may not order or make permanent
changes of any type thereto, unless the commission, council or
governing board, as appropriate, has first determined that the
change is necessary for the proper, efficient and economically
sound operation of the institution. For purposes of this section,
a "permanent change" means any addition, alteration, improvement,
remodeling, repair or other change involving the expenditure of
state funds for the installation of any tangible thing which cannot
be economically removed from the grounds, buildings, office space
or other space when vacated by the institution.
(4) Leases and other instruments for grounds, buildings, office or other space, once approved by the commission, council or
governing board, may be signed by the chief executive officer of
the commission, council or institution. Any lease or instrument
exceeding $100,000 annually shall be approved as to form by the
Attorney General. A lease or other instrument for grounds,
buildings, office or other space that contains a term, including
any options, of more than six months for its fulfillment shall be
filed with the State Auditor.
(5) The commission and council jointly may promulgate rules
they consider necessary to carry out the provisions of this
section. The governing boards of Marshall University and West
Virginia University all state institutions of higher education
shall promulgate rules pursuant to section six, article one of this
chapter to implement the provisions of this section.
(w) Purchasing card use may be expanded by the council,
commission and state institutions of higher education pursuant to
the provisions of this subsection.
(1) The council and commission jointly shall establish
procedures to be implemented by the council, commission and any
institution under their respective jurisdictions using purchasing
cards. The procedures shall ensure that each maintains:
(A) Appropriate use of the purchasing card system;
(B) Full compliance with the provisions of article three,
chapter twelve of this code relating to the purchasing card
program; and
(C) Sufficient accounting and auditing procedures for all purchasing card transactions.
(2) By November 1, 2004, the council and commission jointly
shall present the procedures to the Legislative Oversight
Commission on Education Accountability for its adoption.
(3) Notwithstanding any other contrary provision of this code
to the contrary, if the Legislative Oversight Commission on
Education Accountability adopts the procedures, the council,
commission, and any institution authorized pursuant to subdivision
(4) of this subsection, may use purchasing cards for:
(A) Travel expenses directly related to the job duties of the
traveling employee, including fuel and food; and
(B) Any routine, regularly scheduled payment, including, but
not limited to, utility payments and real property rental fees.
The council, commission and each institution, annually by June 30,
shall provide to the State Purchasing Division a list of all goods
or services for which payment was made pursuant to this provision
during that fiscal year.
(4) The commission and council each shall evaluate the
capacity of each institution under its jurisdiction for complying
with the procedures established pursuant to subdivision (3) of this
subsection. The commission and council each shall authorize
expanded use of purchasing cards pursuant to said subdivision for
any such institution it determines has the capacity to comply.
§18B-5-7. Disposition of obsolete and unusable equipment, surplus
supplies and other unneeded materials.
(a) The commission, the council and the governing boards shall dispose of obsolete and unusable equipment, surplus supplies and
other unneeded materials, either by transfer to other governmental
agencies or institutions, by exchange or trade, or by sale as junk
or otherwise. The commission, the council and each governing board
shall adopt rules governing and controlling the disposition of all
such equipment, supplies and materials.
(1) At least ten days prior to the disposition, the
commission, the council or the governing boards, as applicable,
shall advertise, by newspaper publication as a Class II legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, in the county in which the
equipment, supplies and materials are located, the availability or
sales of such disposable equipment, supplies and materials.
(2) The commission, the council or governing boards, as
applicable, may sell the disposable equipment, supplies and
materials, in whole or in part, at public auction or by sealed bid,
or may transfer, exchange or trade the same to other governmental
agencies or institutions (if by transfer, exchange or trade, then
without advertising), in whole or in part, as sound business
practices may warrant under existing circumstances and conditions.
(3) The requirements set forth in subsection (a) of this
section apply to Marshall University and West Virginia University
publicly funded state institutions of higher education relating
only to those items of obsolete and unusable equipment, surplus
supplies and other unneeded materials that exceed $5,000 in
recorded net book value. Marshall University and West Virginia University These institutions may dispose of obsolete and unusable
computers and computer-related equipment pursuant to the provisions
of section two, article three of this chapter.
(b) The commission, council or governing board, as
appropriate, except for Marshall University and West Virginia
University, shall report annually to the Legislative Auditor, all
sales of commodities made during the preceding six months.
(1) The report shall include a description of the commodities
sold, the name of the buyer to whom each commodity was sold, and
the price paid by the buyer.
(2) Marshall University and West Virginia University shall
Publicly funded state institutions of higher education must report
biennially to the Legislative Auditor the total sales of
commodities made during the preceding biennium along with the total
recorded net book value of such commodities.
(c) The proceeds of sales or transfers shall be deposited in
the State Treasury to the credit on a pro rata basis of the fund or
funds from which the purchase of the particular commodities or
expendable commodities was made. The commission, council or
governing board, as appropriate, may charge and assess fees
reasonably related to the costs of care and handling with respect
to the transfer, warehousing, sale and distribution of state
property that is disposed of or sold pursuant to the provisions of
this section.
§18B-5-9. Higher education fiscal responsibility.
(a) The institutions of governing boards of Marshall University and West Virginia University publicly funded state
institutions of higher education each shall ensure the fiscal
integrity of its operations using best business and management
practices.
(1) The practices include at least the following:
(A) Complying with Generally Accepted Accounting Principles of
the Governmental Accounting Standards Board (GAAP); and the
Generally Accepted Government Auditing Standards of the Government
Accountability Office (GAGAS);
(B) Operating without material weakness in internal controls
as defined by GAAP, GAGAS and, where applicable, the Office of
Management and Budget (OMB) Circular A-133;
(C) Maintaining annual audited financial statements with an
unqualified opinion;
(D) Presenting annual audited financial statements to the
respective governing board;
(E) Maintaining quarterly financial statements certified by
the chief financial officer of the institution; and
(F) Implementing best practices from Sarbanes-Oxley, or
adopting the applicable tenets of Sarbanes-Oxley as best practices.
(2) Marshall University, West Virginia University and the
research corporation of each:
(A) Shall comply with the OMB Circular A-133 annual grant
award audit requirements; and
(B) Is exempt from the provisions of section fourteen, article
four, chapter twelve of this code.
(3) Within thirty days of the completion of the financial
audit report, the governing boards of Marshall University and West
Virginia University each shall furnish to the commission, the
Legislative Oversight Commission on Education Accountability and
the Joint Committee on Government and Finance copies of the annual
audited financial statements.
(b) The commission or council, as appropriate, shall ensure
the fiscal integrity of any electronic process conducted at its
offices and at all other institutions using best business and
management practices.
(c) Marshall University, West Virginia University Regarding
all publicly funded state institutions of higher education, the
council and the commission each shall implement a process whereby,
to the maximum extent practicable, employees of Marshall
University, West Virginia University publicly funded higher
education institutions, the council, commission and all other state
institutions of higher education receive their wages via electronic
transfer or direct deposit.
(d) Notwithstanding the provisions of section ten-a, article
three, chapter twelve of this code, and except as otherwise
provided in this subsection, the amount of any purchase made with
a purchasing card used by the council, the commission or any other
state institution of higher education may not exceed $5,000.
(1) Subject to approval of the Auditor, any emergency payment
and any routine, regularly scheduled payment, including, but not
limited to, utility payments, contracts and real property rental fees, may exceed this limit by an amount to be determined by the
Auditor.
(2) The council, commission and any state institution of
higher education may use a purchasing card for travel expenses
directly related to the job duties of the traveling employee.
Where approved by the Auditor, such expenses may exceed $5,000 by
an amount to be determined by the Auditor. Traveling expenses may
include registration fees and airline and other transportation
reservations, if approved by the president of the institution.
Traveling expenses may not include fuel or food purchases except,
the state institutions of higher education known as Marshall
University and West Virginia University may include in traveling
expenses the purchase of fuel and food.
(3) The All state institutions of higher education known as
Marshall University and West Virginia University each shall
maintain one purchasing card for use only in a situation declared
an emergency by the institution's president. The council and
commission and all other institutions shall maintain one purchase
card for use only in a situation declared an emergency by the
president of the institution and approved by the appropriate
chancellor. Emergencies may include, but are not limited to,
partial or total destruction of a campus facility; loss of a
critical component of utility infrastructure; heating, ventilation
or air condition failure in an essential academic building; loss of
campus road, parking lot or campus entrance; or a local, regional,
or national emergency situation that has a direct impact on the campus.
(e) Notwithstanding the provisions of section ten-f, article
three, chapter twelve of this code, or any other contrary provision
of this code or law to the contrary, the auditor shall accept any
receiving report submitted in a format utilizing electronic media.
The auditor shall conduct any audit or investigation of the
council, commission or any institution at its own expense and at no
cost to the council, commission or institution.
(f) The council and the commission each shall maintain a rule
in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code. The rule shall provide for
institutions individually or cooperatively to maximize their use of
any of the following purchasing practices that are determined to
provide a financial advantage:
(1) Bulk purchasing;
(2) Reverse bidding;
(3) Electronic marketplaces; and
(4) Electronic remitting.
(g) Each institution shall establish a consortium with at
least one other institution, in the most cost-efficient manner
feasible, to consolidate the following operations and student
services:
(1) Payroll operations;
(2) Human resources operations;
(3) Warehousing operations;
(4) Financial transactions;
(5) Student financial aid application, processing and
disbursement;
(6) Standard and bulk purchasing; and
(7) Any other operation or service appropriate for
consolidation as determined by the council or commission.
(h) An institution may charge a fee to each institution for
which it provides a service or performs an operation. The fee rate
shall be in the best interest of both the institution being served
and the providing institution, as approved by the council and
commission.
(i) Any community and technical college, college and
university may provide the services authorized by this section for
the benefit of any governmental body or public or private
institution.
(j) Each institution shall strive to minimize its number of
low-enrollment sections of introductory courses. To the maximum
extent practicable, institutions shall use distance learning to
consolidate the course sections. Marshall University, West
Virginia University, the council and commission shall report the
progress of reductions as requested by the Legislative Oversight
Commission on Education Accountability.
(k) An institution shall use its natural resources and
alternative fuel resources to the maximum extent feasible. The
institution:
(1) May supply the resources for its own use and for use by
any other institution;
(2) May supply the resources to the general public at fair
market value;
(3) Shall maximize all federal or grant funds available for
research regarding alternative energy sources; and
(4) May develop research parks to further the purpose of this
section and to expand the economic development opportunities in the
state.
(l) Any cost-savings realized or fee procured or retained by
an institution pursuant to implementation of the provisions of this
section is retained by the institution.
(m) The provisions of Subsection (b) of this section do does
not apply to the state institutions known as Marshall University
and West Virginia University. Each is publicly funded state
institutions of higher education. All are authorized, but not
required, to comply with the provisions of subsections (f), (g) and
(h) of this section.
(1) The governing boards of Marshall University and West
Virginia University, respectively, each publicly funded state
institutions of higher education shall promulgate a rule on
purchasing procedures pursuant to the provisions of section six,
article one of this chapter. Neither institution is All
institutions are subject to the rules required by subsection (f) of
this section.
(2) If either the governing board elects to implement the
provisions of said subsection (g) of this section, the following
conditions apply:
(A) The governing board makes the determination regarding any
additional operation or service which is appropriate for
consolidation without input from the council or commission;
(B) The governing board sets the fee charged to any
institution for which it provides a service or performs an
operation. The fee rate shall be in the best interest of both the
institution being served and the providing institution, but it is
not subject to approval by the council or commission; and
(C) The governing board may not implement the provisions of
this subdivision in a manner which supercedes the requirements
established in section twelve, article three-c of this chapter.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among the tuition and fees
any one or more of the following as defined in section one-b of
this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing systemwide and institutional debt
service and future systemwide and institutional debt service,
capital projects and campus renewal for educational and general
facilities.
(4) Subject to any covenants or restrictions imposed with
respect to revenue bonds payable from the accounts, an institution
may expend funds from each special revenue account for any purpose
for which funds were collected within that account regardless of
the original purpose for which the funds were collected.
(c) The purposes for which tuition and fees may be expended
include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular activities.
Additionally, tuition and fees may be used to finance a student's
attorney to perform legal services for students in civil matters at
the institutions, Provided, That If the legal services are limited
only to those types of cases, programs or services approved by the
administrative head of the institution where the legal services are
to be performed.
(d) The commission and council jointly shall propose a rule
for legislative approval in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to govern the
fixing, collection and expenditure of tuition and other fees.
(e) The schedule of all tuition and fees, and any changes in
the schedule, shall be entered in the minutes of the meeting of the
appropriate governing board and the board shall file with the
commission or council, or both, as appropriate, and the Legislative
Auditor a certified copy of the schedule and changes.
(f) The boards shall establish the rates to be charged
full-time students, as defined in section one-b of this article,
who are enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour and
graduate students taking fewer than nine credit hours in a regular
term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the provisions of this subsection.
(g) All fees are due and payable by the student upon
enrollment and registration for classes except as provided in this
subsection:
(1) The governing boards shall permit fee payments to be made
in installments over the course of the academic term. All fees
shall be paid prior to the awarding of course credit at the end of
the academic term.
(2) The governing boards also shall authorize the acceptance of credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing
boards may charge the students for the reasonable and customary
charges incurred in accepting credit cards and other methods of
payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in
accordance with the provisions of article three-a, chapter twenty-
nine-a of this code defining conditions under which an institution
may offer tuition and fee deferred payment plans through the
institution or through third parties.
(5) An institution may charge interest or fees for any
deferred or installment payment plans.
(h) In addition to the other fees provided in this section,
each governing board may impose, collect and distribute a fee to be
used to finance a nonprofit, student-controlled public interest
research group if the students at the institution demonstrate
support for the increased fee in a manner and method established by
that institution's elected student government. The fee may not be
used to finance litigation against the institution.
(i) Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance with the tuition rule proposed by the commission and council
jointly pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
commission, council or both, as appropriate, a mandatory auxiliary
fee under the following conditions:
(A) The fee shall be approved by the commission, council or
both, as appropriate, and either the students below the senior
level at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees. All state subsidies for the auxiliary
services shall cease five years from the date the mandatory
auxiliary fee is implemented;
(E) The commission, council or both, as appropriate, shall
certify to the Legislature annually by October 1, the amount of
fees collected for each of the five years;
(4) Establish methodology, where applicable, to ensure that, within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.
(j) A penalty may not be imposed by the commission or council
upon any institution based upon the number of nonresidents who
attend the institution unless the commission or council determines
that admission of nonresidents to any institution or program of
study within the institution is impeding unreasonably the ability
of resident students to attend the institution or participate in
the programs of the institution. The institutions shall report
annually to the commission or council on the numbers of
nonresidents and such other enrollment information as the
commission or council may request.
(k) Tuition and fee increases of the governing boards, except
for the governing boards of the state institutions of higher
education known as Marshall University and West Virginia
University, are subject to rules adopted by the commission and
council jointly pursuant to this section and in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of subdivisions (4) and (8) of
this subsection, a governing board of an institution under the
jurisdiction of the commission may propose tuition and fee
increases of up to nine and one-half percent for undergraduate
resident students for any fiscal year. The nine and one-half percent total includes the amount of increase over existing tuition
and fees, combined with the amount of any newly established
specialized fee which may be proposed by a governing board.
(2) A governing board of an institution under the jurisdiction
of the council may propose tuition and fee increases of up to four
and three-quarters percent for undergraduate resident students for
any fiscal year, except a governing board may propose increases in
excess of four and three-quarters percent if existing tuition and
fee rates at the institution are below the state average for
tuition and fees at institutions under the jurisdiction of the
council. The four and three-quarters percent total includes the
amount of increase over existing tuition and fees, combined with
the amount of any newly established, specialized fee which may be
proposed by a governing board.
(3) The commission or council, as appropriate, shall examine
individually each request from a governing board for an increase.
(4) (1) Subject to the provisions of subdivision (8) of this
subsection, the institutions or governing boards of Marshall
University and West Virginia University, as these provisions relate
to the state institutions of higher education known as Marshall
University and West Virginia University, each all publicly funded
state institutions of higher education may annually:
(A) Increase tuition and fees for undergraduate resident
students to the maximum allowed by this section without seeking
approval from the commission; and
(B) Set tuition and fee rates for post-baccalaureate resident students and for all nonresident students, including establishing
regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of This subdivision do does not apply to
tuition and fee rates of the administratively linked institution
known as Marshall Community and Technical College, the
administratively linked institution known as the Community and
Technical College at West Virginia University Institute of
Technology, the regional campus known as West Virginia University
at Parkersburg and, until July 1, 2007, the regional campus known
as West Virginia University Institute of Technology.
(5) Any proposed tuition and fee increase for state
institutions of higher education other than the state institutions
of higher education known as Marshall University and West Virginia
University requires the approval of the commission or council, as
appropriate. In determining whether to approve or deny the
governing board's request, the commission or council shall
determine the progress the institution has made toward meeting the
conditions outlined in this subdivision and shall make this
determination the predominate factor in its decision. The
commission or council shall consider the degree to which each
institution has met the following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the commission or
council;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Has demonstrated to the satisfaction of the commission or
council that an increase will be used to maintain high-quality
programs at the institution;
(E) Has demonstrated to the satisfaction of the commission or
council that the institution is making adequate progress toward
achieving the goals for education established by the southern
regional education board; and
(F) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(6) (2) This section does not require equal increases among
institutions or require any level of increase at an institution.
(7) The commission and council shall report to the Legislative
Oversight Commission on Education Accountability regarding the
basis for each approval or denial as determined using the criteria
established in subdivision (5) of this subsection.
(8) (3) Notwithstanding the provisions of subdivisions (1) and
(4) subdivision (1) of this subsection, tuition and fee increases
at state institutions of higher education which are under the
jurisdiction of the commission, including the state institutions of
higher education known as Marshall University and West Virginia
University, are subject to the following conditions:
(A) Institutions may increase tuition and fees for resident,
undergraduate students by no more than an average of seven and
one-half percent per year during any period covering four
consecutive fiscal years, with the first fiscal year of the first
four fiscal-year cycle beginning on July 1, 2007;
(B) The seven and one-half percent average cap does not apply
to an institution for any fiscal year in which the total state base
operating budget appropriations to that institution are less than
the total state base operating budget appropriations in the fiscal
year immediately preceding;
(C) A new capital fee or an increase in an existing capital
fee is excluded from the tuition and fee increase calculation in
this subdivision:
(i) If the new fee or fee increase is approved by an
institutional governing board or by a referendum of an
institution's undergraduate students, or both, on or before
February 1, 2006; or
(ii) If the following conditions are met:
(I) The new fee or fee increase was approved by an
institutional governing board or by a referendum of an
institution's undergraduate students, or both, on or before July 1,
2006;
(II) The institution for which the capital fee is approved has
been designated a university pursuant to the provisions of section
six, article two-a of this chapter by the effective date of this
section; and
(III) The institutional board of governors previously oversaw
a community and technical college that achieved independent
accreditation and consequently acquired its own board of governors;
(D) Institutions shall provide, in a timely manner, any data
on tuition and fee increases requested by the staff of the
commission. The commission shall:
(i) Collect the data from any institution under its
jurisdiction; and
(ii) Annually by July 1, provide a detailed analysis of the
institutions' compliance with the provisions of this subdivision to
the Legislative Oversight Commission on Education Accountability.
18B-10-5. Fee waivers -- Undergraduate schools.
Each governing board periodically may establish fee waivers
for students in undergraduate studies at institutions under its
jurisdiction entitling recipients to waiver of tuition, capital and
other fees subject to the following conditions and limitations:
(a) Undergraduate fee waivers established by the governing
boards of Marshall University and West Virginia University,
respectively, for the state institutions of higher education known
as Marshall University and West Virginia University, are subject to
the provisions of section six-a of this article;
(b) For the governing boards of state institutions of higher
education other than the state institutions of higher education
known as Marshall University and West Virginia University, the
following conditions apply:
(1) An institution may not have in effect at any time undergraduate fee waivers totaling more in value than five percent
of the tuition and required fees assessed for all full-time
equivalent undergraduate students registered during the fall
semester of the immediately preceding academic year.
(2) Each undergraduate fee waiver entitles the recipient of
the waiver to attend a designated state institution of higher
education without payment of the tuition, capital and other fees as
may be prescribed by the governing board and is for a period of
time not to exceed eight semesters of undergraduate study.
(3) The governing board shall make rules pursuant to the
provisions of section six, article one of this chapter governing
the award of undergraduate fee waivers; the issuance and
cancellation of certificates entitling the recipients to the
benefits of the waiver; the use of the fee waivers by the
recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) The awarding of undergraduate fee waivers shall be entered
in the minutes of the meetings of the governing board.
(5) Students enrolled in an administratively linked community
and technical college shall be awarded a proportionate share of the
total number of undergraduate fee waivers awarded by a governing
board. The number to be awarded to students of the community and
technical college is based upon the full-time equivalent enrollment
of that institution.
(6) An institution may grant fee waivers to its employees, their spouses and dependents and these waivers are not counted when
determining the maximum percentage of waivers permitted by this
section.
(7) Any fee waivers mandated by this article or by section
three, article nineteen, chapter eighteen of this code are not
counted when determining the maximum percentage of waivers
permitted by this section.
18B-10-6. Fee waivers - Professional and graduate schools.
In addition to the fee waivers authorized for undergraduate
study by the provisions of section five of this article, each Each
governing board periodically may establish fee waivers for study in
graduate and professional schools under its jurisdiction, including
medicine and dentistry, entitling the recipients to waiver of
tuition, capital and other fees subject to the following conditions
and limitations:
(a) Graduate and professional fee waivers established by the
governing boards of Marshall University and West Virginia
University, respectively, are subject to the provisions of section
six-a of this article;
(b) For the governing boards of state institutions of higher
education other than the state institutions of higher education
known as Marshall University and West Virginia University, the
following conditions apply:
(1) An institution may not have in effect at any time graduate
and professional school fee waivers totaling more in value than
five percent of the tuition and required fees assessed for all full-time equivalent graduate and professional students registered
during the corresponding fall semester, spring semester and summer
term of the immediately preceding academic year. In addition to
the five percent in this subdivision, all graduate assistants
employed by these institutions shall be granted a fee waiver.
(2) Each graduate or professional school fee waiver entitles
the recipient to waiver of the tuition, capital and other fees as
may be prescribed by the governing boards and is for a period of
time not to exceed the number of semesters normally required in the
recipient's academic discipline.
(3) The governing boards shall make rules pursuant to the
provisions of section six, article one of this chapter governing
the award of graduate and professional school fee waivers; the
issuance and cancellation of certificates entitling the recipients
to the benefits of the waivers; the use of the fee waivers by the
recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each
governing board.
(5) An institution may grant fee waivers to its employees,
their spouses and dependents, and these waivers are not counted
when determining the maximum percentage of waivers permitted by
this section.
(6) Any fee waivers mandated by this article or by section three, article nineteen, chapter eighteen of this code are not
counted when determining the maximum percentage of waivers
permitted by this section.
§18B-10-6a. Undergraduate, graduate and professional fee waivers.
(a) Undergraduate fee waivers. --
(1) The governing boards of Marshall University and West
Virginia University, respectively state institutions of higher
education, may establish fee waivers for students in undergraduate
studies at institutions under their jurisdiction which entitle
recipients to waiver of tuition, capital and other fees, in whole
or in part.
(2) Each undergraduate fee waiver is for a period of time not
to exceed eight semesters of undergraduate study.
(3) Each governing board shall promulgate rules pursuant to
the provisions of section six, article one of this chapter to
govern the award of undergraduate fee waivers; the issuance and
cancellation of certificates entitling the recipients to the
benefits thereof; the use of the fee waivers by the recipients; and
the rights and duties of the recipients with respect to the fee
waivers. These rules may not be inconsistent with the provisions
of this section.
(4) The awarding of undergraduate fee waivers shall be entered
in the minutes of the meetings of the governing board.
(5) Students enrolled in an administratively linked community
and technical college shall be awarded a proportionate share of the
total number of undergraduate fee waivers awarded by a governing board. The number to be awarded to students of the community and
technical college is based upon the full-time equivalent enrollment
of that institution.
(b) Graduate and professional school fee waivers. --
(1) In addition to the fee waivers authorized for
undergraduate study by subsection (a) of this section, the
governing boards of Marshall University and West Virginia
University, respectively, each may establish fee waivers for study
in the graduate and professional schools under its jurisdiction,
including medicine and dentistry, which entitle the recipients to
waiver of tuition, capital and other fees, in whole or in part.
(2) Each graduate or professional school fee waiver entitles
the recipient to waiver of the tuition, capital and other fees, in
whole or in part, as may be prescribed by the governing board and
is for a period of time not to exceed the number of semesters
normally required in the recipient's academic discipline.
(3) The governing boards each shall promulgate a rule pursuant
to the provisions of section six, article one of this chapter,
governing the award of graduate and professional school fee
waivers; the issuance and cancellation of certificates entitling
the recipients to the benefits thereof; the use of the fee waivers
by the recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each governing board.
NOTE: The purpose of this bill is to give state institutions
of higher education more flexibility in the planning and operation
of their schools.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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