H. B. 2550
(By Delegate Doyle)
[Introduced February 21, 2005; referred to the
Committee on Education then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18B-19-1, §18B-19-2,
§18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-19-7,
§18B-19-8, §18B-19-9, §18B-19-10 and §18B-19-11
, all relating
to creating the institute for increased postsecondary
education; definitions; legislative findings and purpose;
creating management board; general powers; report required;
compensation of board members; liberal construction of
article; and termination date.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18B-19-1, §18B-19-2,
§18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-19-7, §18B-19-8,
§18B-19-9, §18B-19-10 and §18B-19-11
, all to read as follows:
ARTICLE 19. INSTITUTE FOR INCREASED POSTSECONDARY EDUCATION PARTICIPATION.
§18B-19-1. Institute for increased postsecondary education
There is hereby created within the Department of Education and
the Arts the Institute for increased postsecondary education
For purposes of this article the following terms have the
(a) "Board" means the Board of Directors of the institute for
increased postsecondary education participation; and
(b) "Institute" means the institute for increased
postsecondary education participation.
The Legislature finds that:
(a) The number of West Virginia high school graduates
attending college immediately upon graduation from high school is
one of the lowest in the United States;
(b) The number of West Virginia adults who have a college
degree is one of the lowest in the United States;
(c) The number of West Virginians who pursue community college
education or workforce training programs is one of the lowest in
the United States;
(d) The ability of West Virginia to attract good-paying jobs and stimulate economic growth is dependent in part on the overall
education of its workforce;
(e) Studies have shown that average income of the citizens of
the United States is dependent, in part, on a person's educational
attainment, and that the higher the educational attainment, the
higher the average salary of the person;
(f) The causes of the findings in subsections (a) through (c)
are not well determined;
(g) The ability of the Legislature and other interested
parties to take action which would help alleviate the problems
cited herein is limited by the lack of research; and
(h) There exists no comprehensive program or strategy to
address the problems cited herein.
The purposes for which the institute is created are the
(a) To determine reasons for the existence of the findings in
subsections (a) through (c), section three of this article;
(b) To cause research to be conducted to address the findings
in section three;
(c) To study strategies for increasing postsecondary education
(d) To implement efficient strategies for increasing
postsecondary education participation.
§18B-19-5. Management and control of institute vested in board;
appointment and terms of members; qualifications;
(a) The management and control of the institute, its property,
operations, business and affairs is vested in a board of nine
members. One member shall be the chancellor for higher education
or the chancellor's designee. One member shall be the Secretary
of the Department of Education and the arts or the secretary's
designee. One member shall be the State Superintendent of schools
or the superintendent's designee. Six members shall be appointed
by the Governor, with the advice and consent of the Senate. No
more than two of the appointed members may be appointed from the
same congressional district. No more than three of the appointed
members may be appointed from the same political party. The
initial terms of the appointed members are as follows: Two members
shall be appointed for a term of one year; two members shall be
appointed for a term of two years; and two members shall be
appointed for a term of three years. All successive appointments
shall be for a term of three years. A member may be reappointed
for such additional term or terms as the Governor may deem proper.
If an appointed member resigns, is removed or for any other reason
his or her membership terminates during his or her term of office,
a successor shall be appointed by the Governor to serve the
remainder of the term. Each member shall serve until a successor is appointed and qualified, unless the board member is no longer
competently performing the duties of office.
(b) All appointed members of the board of the institute shall
be citizens of the State of West Virginia.
(c) If a vacancy occurs, the persons appointed to fill the
vacancy shall serve only for the unexpired portion of the term.
(d) All initial members shall be appointed on or before the
first day of July, two thousand five.
§18B-19-6. Duty to increase postsecondary education institution
participation; study; report.
(a) The primary duty of the institute is to increase
postsecondary education participation among West Virginia citizens.
To accomplish that goal, the institution shall:
(1) Cause research to be conducted determining why
postsecondary participation in West Virginia is low;
(2) Where appropriate, research strategies used in other
states to increase postsecondary participation; and
(3) Develop strategies, based upon the research, to increase
the rate of postsecondary participation in West Virginia.
(b) The institute shall submit a report to the legislative
oversight commission on education accountability by the first day
of December, two thousand five, detailing the results of its
research and the strategies it develops. The report shall include
estimates of the costs of any actions recommended by the institute.
§18B-19-7. Powers generally.
The institute has the power and authority: (1) To make and
adopt all necessary bylaws, rules for its organization and
operations not inconsistent with laws; (2) to propose legislative
rules for promulgation in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code to effectuate the
purposes of this article; (3) to employ and fix compensation for
personnel necessary for its operation; (4) to enter into contracts
with any person, agency, governmental department, firm or
corporation, including both public and private corporations, and
generally to do any and all things necessary or convenient for
carrying out the purposes of this article; (5) to amend or
supplement any contracts or leases or to enter into new, additional
or further contracts or leases upon such terms and conditions, for
such consideration and for such term of duration, with or without
option of renewal, as may be agreed upon by the institute and the
person, agency, governmental department, firm or corporation; (6)
unless otherwise provided for in, and subject to the provisions of
the contracts or leases, to operate, repair, manage and maintain
the buildings and structures and provide adequate insurance of all
types, and in connection with the primary use thereof and
incidental thereto to provide such services or other authorizations
to any person or persons, upon such terms and conditions, for such
consideration and for a term of duration as may be agreed upon by the institute and the person, agency, governmental department, firm
or corporation; (7) to delegate any authority given to it by law to
any of its agents or employees; (8) to apply for, receive and use
grants-in-aid, donations and contributions from any source or
sources, and to accept and use bequests, devises, gifts and
donations from any person, firm or corporation; and (9) to purchase
or otherwise acquire, own, hold, sell and dispose of personal
property, and to own, hold, sell, lease or otherwise dispose of all
or part of the personal property which it may own.
§18B-19-8. Compensation of board members; expenses; excusal of
member from voting where conflict of interest
(a) No member of the Board may receive any compensation,
whether in formal salary, per diem allowance or otherwise, in
connection with his or her services as a member. Each member shall
be entitled to reimbursement by the institute for necessary
expenditures in connection with the performance of duties as a
member as authorized by the institute.
(b) Each member present during any meeting of the Board when
any question is put shall vote unless the member is immediately and
particularly interested therein. Before a question is put, any
member having direct personal or pecuniary interest therein shall
announce this fact and request to be excused from voting. The
presiding officer of the meeting or a majority of the members present may then excuse the member from voting upon the question.
The disqualifying interest must be such as affects the members
directly, and not as one of a class.
§18B-19-9. Liberal construction.
It is the purpose of this bill to provide for increased
postsecondary education institution participation, and this bill
shall be liberally construed as giving to the institute full and
complete power reasonably required to give effect to the purpose
§18B-19-10. Provisions severable.
The several sections and provisions of this bill are
severable, and if any section or provisions hereof shall be held
unconstitutional, all the remaining sections and provisions of this
bill shall nevertheless remain valid.
§18B-19-11. Termination date.
Pursuant to the provisions of article ten, chapter four of
this code, the institute for increased postsecondary education
participation shall continue to exist until the first day of July,
two thousand six, to allow for completion of an audit by the Joint
Committee on Government Operations.
NOTE: The purpose of this bill is to create the institute for
increased postsecondary education participation.
This article is new; therefore, strike-throughs and
underscoring have been omitted.