H. B. 2387
(By Delegates Doyle, Manuel and Cann)
[Introduced January 26, 1999; referred to the
Committee on Education then Finance.]
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 nineteen, 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 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 nineteen, to
read as follows:
ARTICLE 19. INSTITUTE FOR INCREASED POSTSECONDARY EDUCATION PARTICIPATION.
§18B-19-1. Institute for increased postsecondary education participation created.
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 participation; and
(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; 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 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. Five 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: 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 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
(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-nine.
§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, one thousand nine hundred ninety-nine, 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 of 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 three, 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.