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Introduced Version Senate Bill 69 History

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sb69 intr
Senate Bill No. 69

(By Senators Edgell and Jenkins)

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         [Introduced February 13, 2013; referred to the Committee on Education; and then to the Committee on the Judiciary.]                      

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24, relating to providing that faculty and staff at state institutions of higher education are eligible to a seat in the Legislature.
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 section, designated §4-1-24, to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-24. State institution of higher education; faculty and staff eligibility to a seat in the Legislature.
     (a) The Legislature finds that:
     (1) Section four, article two-a, chapter eighteen-b of this code provides that faculty and staff at state institutions of higher education are employees of the institutional boards of governors at their institution; and
     (2) Faculty and staff at state institutions of higher education operate under the supervision of a president who is appointed by and serves at the will and pleasure of the institutional board of governors.
 (b) For the reasons set forth in subsection (a) of this section:
     (1) Solely for the purposes of section thirteen, article VI of the Constitution of West Virginia which provides that no person holding lucrative employment under this state shall be eligible to a seat in the Legislature, faculty and staff at state institutions of higher education are not employees of the state; and
     (2) Faculty and staff at state institutions of higher education are eligible for a seat in the Legislature.
     (c) Since this section provides that faculty and staff are not employees of the state for the purposes of section thirteen, article VI of the Constitution of West Virginia only, nothing in this section gives or takes away any rights of faculty and staff at state institutions of higher education other than giving those persons the right to a seat in the Legislature.
 NOTE: The purpose of this bill is to provide that faculty and staff at state institutions of higher education are eligible for a seat in the Legislature.

     This section is new; therefore, strike-throughs and underscoring have been omitted.
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