Senate Bill No. 669
(By Senators Jackson and Wooton)
[Originating in the Committee on Finance;
reported March 4, 1998. ]
A BILL to amend chapter eighteen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eighteen, relating
to creating the institute for increased post-secondary
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 chapter eighteen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article eighteen, to
read as follows:
ARTICLE 18. INSTITUTE FOR INCREASED POST-SECONDARY EDUCATION
§18B-18-1. Institute for increased post-secondary education participation created.
There is hereby created within the department of education
and the arts the institute for increased post-secondary education
For purposes of this article the following terms have the
(a) "Board" means the board of directors of the institute
for increased post-secondary education participation; and
(b) "Institute" means the institute for increased post- secondary 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 the adults of West Virginia who have a
college degree is one of the lowest in the United States;
(c) The number of the attendance of West Virginians who
pursue community college education or programs of workforce
training 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 that person;
(f) The causes of the findings in subdivisions (a) through
(c) of this section are not well determined;
(g) The ability of the Legislature and other interested
parties to take action which would help alleviate the problems
cited in this subsection is limited by the lack of research; and
(h) There exists no comprehensive program or strategy to
address the problems cited in this section.
The institute is created:
(a) To determine reasons for the existence of the findings
in subdivisions (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 post-secondary
education participation; and
(d) To implement efficient strategies for increasing post- secondary education participation.
§18B-18-5. Management and control of institute vested in board;
appointment and terms of members; qualifications; vacancies.
(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 of the
university of West Virginia board of trustees or the chancellor's
designee. One member shall be the chancellor of the board of
directors of the state college system or the chancellor's
designee. One member shall be the secretary of education and the
arts or the secretary's designee. One member shall be the state
superintendent of schools or the superintendent's designee. Five
members shall be appointed by the governor, with the advice and
consent of the Senate. Of the appointed members one shall be an
educator in grades K-6; one shall be an educator in grades 7-12;
and one shall be a parent with a child in the public schools in
this state. 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: One member 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 considers 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 fill out the remainder of the term.
Members in office at the expiration of their respective terms
shall continue to serve until their successors have been
appointed and have qualified.
(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, one thousand nine hundred ninety-eight.
§18B-18-6. Duty to increase post-secondary education institution
participation; study; report.
(a) The primary duty of the institute is to increase post- secondary education participation among West Virginia citizens. To accomplish that goal, the institution shall:
(1) Cause research to be conducted determining why post- secondary participation in West Virginia is low;
(2) Where appropriate, research strategies used in other
states to increase post-secondary participation; and
(3) Develop strategies, based upon the research, to increase
the rate of post-secondary 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, one thousand nine hundred ninety-eight, detailing
the results of its research and the strategies it developed. The
report shall include estimates of the costs of any actions
recommended by the institute.
§18B-18-7. 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; (5) to amend or supplement any contracts or leases or to enter
into new, additional or further contracts or leases upon those
terms and conditions, for the consideration and for the 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 of the buildings and structures
and incidental to the buildings and structures to provide the
services or other authorizations to any person or persons, upon
the terms and conditions, for the consideration and for a term of
duration 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; (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; and (10) and generally to do any and all things necessary or convenient for carrying out the purposes
of this article.
§18B-18-8. Compensation of board members; expenses; excusal of
member from voting where conflict of interest involved.
(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 is,
however, entitled to reimbursement by the institute for any
necessary expenditures in connection with the performance of his
or her general duties as a member, but only insofar as the
(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 in the question. Before a question
is put, any member having direct personal or pecuniary interest
in the question 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 shall be
one that affects the members directly, and not as one of a class.
§18B-18-9. Liberal construction.
It is the purpose of this bill to provide for increased post-secondary 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
of this article.
§18B-18-10. Termination date.
Pursuant to the provisions of article ten, chapter four of
this code, the institute for increased post-secondary education
participation shall continue to exist until the first day of
July, two thousand three, to allow for a completion of an audit
by the joint committee on government operations.