H. B. 2164


(By Delegates Doyle and Manuel)

[Introduced February 14, 2001; 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 participation.
§18B-19-2. Definitions.
For purposes of this article the following terms have the following meanings:
(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.
§18B-19-3. Findings.
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.
§18B-19-4. Purpose.
The purposes for which the institute is created are the following:
(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 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 one.
§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 one, 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 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 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 hereof.
§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 four, 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.