ENROLLED
SENATE BILL NO. 724
(Originating in the Committee on Education)
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[Passed April 12, 2001; in effect from passage.]
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AN ACT to amend and reenact sections one, two and three, article
seventeen, 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 four, all relating to authorizing rules;
board of trustees; board of directors; higher education policy
commission; reduced tuition and fee program for state
residents who are at least sixty-five years of age; and higher
education finance policy.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article seventeen, 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 four, all to read as follows:
ARTICLE 17. LEGISLATIVE RULES.
§18B-17-1. Legislative authorization; effective date of rules;
technical deficiencies waived.
(a) Under the provisions of article three-a, chapter twenty-
nine-a of the code of West Virginia, the Legislature expressly
authorizes the promulgation of the rules described in this article,
subject only to the limitations set forth with respect to each rule
in the section or sections of this chapter authorizing its
promulgation. The Legislature further declares that all rules now
or hereafter authorized in this article are within the legislative
intent of the statute which the rule is intended to implement,
extend, apply or interpret.
(b) The effective date of the legislative rules authorized in
this article is governed by the provisions of section fourteen,
article three-a, chapter twenty-nine-a of this code unless the
governing board promulgating the rules establishes an effective
date which is earlier than that provided by that section, in which
case the effective date established by the governing board shall
control, unless the Legislature, in the bill authorizing the rules,
establishes an effective date for the rules, in which case the effective date established by the Legislature controls.
(c) The Legislature further declares each legislative rule now
or hereafter authorized under this article to have been validly
promulgated, notwithstanding any failure to comply with any
requirement of article three-a, chapter twenty-nine-a of this code
relating to the promulgation of rules at any stage of the
promulgation process prior to authorization by the Legislature in
this article.
§18B-17-2. Board of trustees.
(a) The legislative rules filed in the state register on the
third day of December, one thousand nine hundred ninety-one,
modified by the board of trustees to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-two, relating to the board of
trustees (report card), are authorized.
(b) The legislative rules filed in the state register on the
thirteenth day of July, one thousand nine hundred ninety-one,
relating to the board of trustees (equal opportunity and
affirmative action), are authorized.
(c) The legislative rules filed in the state register on the
eighth day of September, one thousand nine hundred ninety-two, relating to the board of trustees (holidays), are authorized.
(d) The legislative rules filed in the state register on the
third day of April, one thousand nine hundred ninety-two, relating
to the board of trustees (alcoholic beverages on campuses), are
authorized.
(e) The legislative rules filed in the state register on the
fifteenth day of November, one thousand nine hundred ninety-three,
relating to the board of trustees (acceptance of advanced placement
credit), are authorized.
(f) The legislative rules filed in the state register on the
thirteenth day of December, one thousand nine hundred ninety-three,
modified by the board of trustees to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-four, relating to the board of
trustees (assessment, payment and refund of fees), are authorized.
(g) The legislative rules filed in the state register on the
first day of November, one thousand nine hundred ninety-three,
modified by the board of trustees to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-first day of December,
one thousand nine hundred ninety-three, relating to the board of trustees (personnel administration), are authorized.
(h) The legislative rules filed in the state register on the
twenty-seventh day of January, one thousand nine hundred
ninety-four, relating to the board of trustees (resource allocation
policy), are authorized.
(i) The legislative rules filed in the state register on the
fourth day of December, one thousand nine hundred ninety-five,
modified by the board of trustees to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the fifteenth day of February, one
thousand nine hundred ninety-six, relating to the board of trustees
(higher education report card), are authorized.
(j) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred ninety-seven,
relating to the board of trustees (Underwood-Smith teacher
scholarship program), are authorized.
(k) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-nine,
modified by the board of trustees to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the fourth day of November, one
thousand nine hundred ninety-nine, relating to the board of trustees (higher education adult part-time student grant program),
are authorized.
(l) The legislative rules filed in the state register on the
fourth day of November, one thousand nine hundred ninety-nine,
modified by the board of trustees to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-eighth day of January,
two thousand, relating to the board of trustees (engineering,
science and technology scholarship program), are authorized.
(m) The legislative rules filed in the state register on the
eleventh day of August, two thousand, relating to the board of
trustees (reduced tuition and fee program for state residents who
are at least sixty-five years of age), are authorized.
§18B-17-3. Board of directors.
(a) The legislative rules filed in the state register on the
sixteenth day of December, one thousand nine hundred ninety-one,
modified by the board of directors to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-two, relating to the board of
directors (report card), are authorized.
(b) The legislative rules filed in the state register on the twenty-seventh day of September, one thousand nine hundred
ninety-one, relating to the board of directors (equal opportunity
and affirmative action), are authorized.
(c) The legislative rules filed in the state register on the
fourth day of December, one thousand nine hundred ninety-one,
relating to the board of directors (holiday policy), are
authorized.
(d) The legislative rules filed in the state register on the
nineteenth day of March, one thousand nine hundred ninety-two, as
modified and refiled in the state register on the tenth day of
July, one thousand nine hundred ninety-two, relating to the board
of directors (presidential appointments, responsibilities and
evaluations), are authorized.
(e) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred ninety-three,
relating to the board of directors (acceptance of advanced
placement credit), are authorized.
(f) The legislative rules filed in the state register on the
tenth day of December, one thousand nine hundred ninety-three,
relating to the board of directors (resource allocation policy),
are authorized.
(g) The legislative rules filed in the state register on the eighth day of December, one thousand nine hundred ninety-three,
modified by the board of directors to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the eleventh day of January, one
thousand nine hundred ninety-four, relating to the board of
directors (assessment, payment and refund of fees), are authorized.
(h) The legislative rules filed in the state register on the
first day of November, one thousand nine hundred ninety-three,
modified by the board of directors to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-first day of December,
one thousand nine hundred ninety-three, relating to the board of
directors (personnel administration), are authorized.
(i) The legislative rules filed in the state register on the
twenty-seventh day of October, one thousand nine hundred
ninety-four, modified by the board of directors to meet the
objections of the legislative oversight commission on education
accountability and refiled in the state register on the nineteenth
day of December, one thousand nine hundred ninety-four, relating to
the board of directors (proprietary, correspondence, business,
occupational and trade schools), are authorized.
(j) The legislative rules filed in the state register on the eighteenth day of April, one thousand nine hundred ninety-five,
relating to the board of directors (contracts and consortium
agreements with public schools, private schools or private
industry), are authorized.
(k) The legislative rules filed in the state register on the
seventeenth day of November, one thousand nine hundred ninety-five,
modified by the board of directors to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the fourth day of January, one
thousand nine hundred ninety-six, relating to the board of
directors (higher education report cards), are authorized.
(l) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred ninety-seven,
relating to the board of directors (Underwood-Smith teacher
scholarship program), are authorized.
(m) The legislative rules filed in the state register on the
ninth day of December, one thousand nine hundred ninety-nine,
relating to the board of directors (increased flexibility for
freestanding community and technical colleges), are authorized.
(n) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-nine,
modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and
refiled in the state register on the fourth day of November, one
thousand nine hundred ninety-nine, relating to the board of
directors (higher education adult part-time student grant program),
are authorized.
(o) The legislative rules filed in the state register on the
fourth day of November, one thousand nine hundred ninety-nine,
modified by the board of directors to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-eighth day of January,
two thousand, relating to the board of directors (engineering,
science and technology scholarship program), are authorized.
(p) The legislative rules filed in the state register on the
twelfth day of June, two thousand, relating to the board of
directors (reduced tuition and fee program for state residents who
are at least sixty-five years of age), are authorized.
§18B-17-4. Higher education policy commission.
The legislative rule filed in the state register on the second
day of February, two thousand one, and modified and refiled on the
third day of April, two thousand one, relating to the higher
education policy commission (higher education finance policy), are
authorized.