H. B. 4705

(By Delegate Mezzatesta)
[Originating in the Committee on Education]

[March 11, 1998]

A BILL to amend and reenact section three, article one, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section three-a, all relating to abolishing the university of West Virginia board of trustees and the board of directors of the state college system ; creating a single higher education governing board called the West Virginia higher education governing board ; transfer of powers, duties, functions and authorities; transfer of title to property; transfer of valid agreements and obligations; transfer of orders, resolutions and rules; composition of board; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; and removal from office.

Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section three-a, all to read as follows:

ARTICLE 1. GOVERNANCE.

§18B-1-3. Transfer of powers, duties, property, obligations, etc., of prior boards to the West Virginia higher education governing board.

(a) There is hereby created the West Virginia higher education governing board, hereafter referred to as the governing board. The university of West Virginia board of trustees and the board of directors of the state college system are hereby abolished. All powers, duties, functions and authorities of the university of West Virginia board of trustees and the board of directors of the state college system, hereafter referred to as the former boards, pursuant to the provisions of articles two and three of this chapter are transferred to the governing board and shall be exercised and performed by the governing board as those powers, duties, functions and authorities apply to the institutions under its jurisdiction.
(b) Title to all property vested in the former boards are transferred to the governing board
(c) Each valid agreement and obligation previously vested in the former boards is transferred to the governing board.
(d) All orders, resolutions and rules adopted or promulgated by the former boards and in effect immediately prior to the first day of July, one thousand nine hundred ninety-eight, are transferred to the governing board. The orders, resolutions and rules are those of the governing board until rescinded, revised, altered or amended by the governing board in the manner and to the extent authorized and permitted by law.

§18B-1-3a. Composition of board; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; removal from office.

(a) The West Virginia higher education governing board , hereafter referred to as governing board, consists of the chancellor of the governing board, ex officio, who is not entitled to vote, and seven additional appointed members. The chancellor is an ex officio member The members shall be citizens of the state, appointed by the governor, by and with the advice and consent of the Senate.
Three members shall be representatives of the state college system. Three members shall be representatives of the university system. One member shall be a person with a background and experience in both higher education systems.
Each of the trustees appointed to the board by the governor shall represent the public interest and shall be especially qualified in the field of higher education by virtue of the person's knowledge, learning, experience or interest in the field.
No person is eligible for appointment to membership on the governing board who is an officer, employee or member of an advisory board of any state college or university, an officer or member of any political party executive committee, the holder of any other public office or public employment under the government of this state or any of its political subdivisions or an appointee or employee of the governing: Provided, That if there are no ethical restrictions under state or federal law, a federal employee may serve as a member of the board of trustees. Of the seven members appointed by the governor from the public at large, not more than three may belong to the same political party. All members representing the university system shall be from different congressional districts and all members representing the college system shall be from different congressional districts.
No other person may be appointed to the board.
(b) The governor shall appoint the members as soon after the first day of July, one thousand nine hundred ninety-eight, as is practicable, and the original terms of all members commence on said date.
The terms of the members appointed by the governor are for overlapping terms of six years, except, of the original appointments, two are appointed to terms of two years, two are appointed to terms of four years and two are appointed to terms of six years. Each subsequent appointment which is not for the purpose of filling a vacancy in an unexpired term is for a term of six years.
The governor shall appoint a member to fill any vacancy among the seven members appointed by the governor, by and with the advice and consent of the Senate, which member appointed to fill the vacancy shall serve for the unexpired term of the vacating member. The governor shall fill any vacancy within sixty days of occurrence of the vacancy.
All members appointed by the governor are eligible for reappointment: Provided, That a person who has served as a member during all or any part of two consecutive terms is ineligible to serve for a period of three years immediately following the second of the two consecutive terms.
(c) Before exercising any authority or performing any duties as a member, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the constitution of West Virginia, and the certificate thereof shall be filed with the secretary of state.
(d) No member appointed by the governor may be removed from office by the governor except for official misconduct, incompetence, neglect of duty or gross immorality, and then only in the manner prescribed by law for the removal of the state elective officers by the governor.