H. B. 4623
(By Delegates Stephens, Hubbard, Morgan,
Perdue, Marshall and Fleischauer)
[Introduced February 22, 2002; referred to the
Committee on Education.]
A BILL to amend and reenact section two, article one-b, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating generally to the
higher education policy commission; increasing the number of
members on the commission to eleven; and requiring that one
member of the commission be a person employed by an
institution of higher education as a faculty member and one be
a classified staff employee.
Be it enacted by the Legislature of West Virginia:
That section two, article one-b, chapter eighteen-b[SECTION, ARTICLE, CHAPTER] of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, [BE AMENDED AND REENACTED]be amended and reenacted to read as follows:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-2. Composition of commission; terms and qualifications of
members; vacancies; eligibility for reappointment;
oath of office; removal from office.
(a) The commission is comprised of nine eleven members, all of
whom are entitled to vote. One is the secretary of education and
the arts, ex officio. One is the state superintendent of schools:
Provided, That if the state superintendent of schools desires not
to serve, the state board of education shall submit to the governor
the names of three nominees, which may include members of the state
board of education. The governor shall select from the nominees a
member to serve on the commission. The three nominees shall be
persons who are knowledgeable in the area of public education
policy, are able to represent the state board of education and who
understand and are committed to achieving the goals and objectives
as set forth in the institutional compacts and in section one-a,
article one of this chapter. One member appointed will be a person
currently employed by an institution of higher education within the
state of West Virginia as a faculty member and one member appointed
will be a classified staff employee employed at an institution of
higher learning in the state.
(b) The other seven remaining members of the commission shall
be citizens of the state, appointed by the governor, by and with the advice and consent of the Senate: Provided, That prior to
appointment, the governor shall interview each candidate to assure
that the person selected understands and is committed to achieving
the goals and objectives as set forth in the institutional compacts
and in section one-a, article one of this chapter. The governor
shall invite the president of the Senate, the speaker of the House
of Delegates, the chairs of the Senate and House of Delegates
committees on finance and education and such other legislative
leaders as the governor may determine to participate in
interviewing potential candidates. Each member appointed to the
commission by the governor shall represent the public interest and
shall be committed to the legislative intent and goals set forth in
section one-a, article one of this chapter.
(c) The governor may not appoint any person to be a member of
the commission 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 any governing board or an immediate family member of
any employee under the jurisdiction of the commission or any governing board. Of the members appointed by the governor from the
public at large, no more than four thereof shall belong to the same
political party and at least two shall be appointed from each
congressional district.
(d) The governor shall appoint seven members to the commission
on the first day of July, two thousand, or as soon thereafter as is
practicable and the original terms of all members shall commence on
the first day of July, two thousand.
(e) The terms of the members appointed by the governor shall
be for overlapping terms of four years, except, of the original
appointments, one shall be appointed to a term of one year, two
shall be appointed to a term of two years, two shall be appointed
to a term of three years and two shall be appointed to a term of
four years. Each subsequent appointment which is not for the
purpose of filling a vacancy in an unexpired term shall be for a
term of four years.
(f) The governor shall appoint a member to fill any vacancy
among the seven members of the commission appointed by the
governor, by and with the advice and consent of the Senate, which
member appointed to fill such vacancy shall serve for the unexpired
term of the vacating member. The governor shall fill the vacancy within thirty days of the occurrence of the vacancy.
(g) No member appointed by the governor shall be eligible to
serve more than two consecutive terms.
(h) Before exercising any authority or performing any duties
as a member of the commission, 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.
(i) No member of the commission 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.
NOTE: The purpose of this bill is to add two members to the
Higher Education Policy Commission, one of whom will be a faculty
member and one of whom will be a classified staff employee, and
both of whom will be employed with an institution of higher
education in the State of West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.