Senate Bill No. 445
(By Senators Caldwell, Dempsey, Rowe, McKenzie, Harrison, Snyder
and White)
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[Introduced February 4, 2004; referred to the Committee on
Education.]
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A BILL to repeal
§18-13-1
of the code of West Virginia, 1931, as
amended; and to amend and reenact
§18B-1-2
of said code,
relating to renaming Concord college as Concord university,
Fairmont state college as Fairmont state university, Shepherd
college as Shepherd university and West Virginia state college
as West Virginia state university.
Be it enacted by the Legislature of West Virginia:
That
§18-13-1
of the code of West Virginia, 1931, as amended,
be repealed; and that
§18B-1-2
of said code be amended and
reenacted to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meaning hereinafter ascribed to
them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand five, "regional campus" means West Virginia University at Parkersburg,
and West Virginia University Institute of Technology.
(b)"Governing boards" or "boards" means the institutional
boards of governors created pursuant to subsection (b), section
one, article two-a of this chapter;
(c) "Freestanding community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, Eastern West
Virginia Community and Technical College, which shall not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges and
other state institutions of higher education which have defined
community and technical college responsibility districts and
programs in accordance with the provisions of sections four and
six, article three-c of this chapter;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in article
three-c of this chapter;
(g) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Higher education policy commission", "policy commission"
or "commission" means the commission created pursuant to section
one, article one-b of this chapter;
(j) "Chancellor" means the chief executive officer of the
higher education policy commission employed pursuant to section
five, article one-b of this chapter;
(k) "Institutional operating budget" or "operating budget" for
any fiscal year means an institution's total unrestricted education
and general funding from all sources in a prior fiscal year,
including, but not limited to, tuition and fees and legislative
appropriation, and any adjustments to that funding as approved by
the commission based on comparisons with peer institutions or to
reflect consistent components of peer operating budgets;
(l) "Post-secondary vocational education programs" means any
college-level course or program beyond the high school level
provided through an institution of higher education under the
jurisdiction of a governing board which results in or may result in
the awarding of a two-year associate degree;
(m) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(n) For the purposes of this chapter and chapter eighteen-c of
this code, "senior administrator" means the vice chancellor for administration employed by the chancellor in accordance with
section two, article four of this chapter. The vice chancellor for
administration shall assume all the powers and duties that are
assigned by law to the senior administrator;
(o) "State college" means Bluefield State College, Concord
college, Fairmont state college, Glenville State College, Shepherd
college or West Liberty State College or West Virginia state
college;
(p) "State institution of higher education" means any
university, college or community and technical college under the
direct or indirect jurisdiction of a governing board as that term
is defined in this section;
(q) "Regional campus" means West Virginia University at
Parkersburg, Potomac State College of West Virginia University, and
West Virginia University Institute of Technology;
(r) The advisory board previously appointed for the West
Virginia Graduate College shall be known as the "board of visitors"
and shall provide guidance to the Marshall University Graduate
College;
(s) "Institutional compact" means a compact between a state
institution of higher education and the commission, as described in
section two, article one-a of this chapter;
(t) "Peer institutions", "peer group" or "peers" means public
institutions of higher education used for comparison purposes and
selected by the commission pursuant to section three, article one-a
of this chapter;
(u) "Administratively linked community and technical college"
means a community and technical college created pursuant to section
eight, article three-c of this chapter;
(v) "Sponsoring institution" means the state institution of
higher education that maintains an administrative link to a
community and technical college pursuant to section eight, article
three-c of this chapter;
(w) "Collaboration" means entering into an agreement with one
or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(x) "Broker" or the act of "brokering" means serving as an
agent on behalf of students, employers, communities or
responsibility areas to obtain education services not offered by a
sponsoring institution. These services include courses, degree
programs or other services contracted through an agreement with a
provider of education services either in-state or out-of-state; and
(y) "Joint commission for vocational-technical-occupational
education" or "joint commission" means the commission established
pursuant to article three-a of this chapter.
(Z) "Concord University" means the institution formerly known
and referred to as Concord College which is hereby continued and
known and referred to as "Concord University," and wherever the
term "Concord College" may appear in this code, that term shall
mean and be a reference to Concord University.
(aa) "Fairmont State University" means the institution
formerly known and referred to as Fairmont State College which is hereby continued and known and referred to as "Fairmont State
University," and wherever the term "Fairmont State College" may
appear in this code, that term shall mean and be a reference to
Fairmont State University.
(bb) "Shepherd University" means the institution formerly
known and referred to as Shepherd College which is hereby continued
and known and referred to as "Shepherd University," and wherever
the term "Shepherd College" may appear in this code, that term
shall mean and be a reference to Shepherd University.
(cc) "West Virginia State University" means the institution
formerly known and referred to as West Virginia State College which
is hereby continued and known and referred to as "West Virginia
State College," and wherever the term "West Virginia State
College" may appear in this code, that term shall mean and be a
reference to West Virginia State University.
NOTE: The purpose of this bill is to rename Concord College
as Concord University, Fairmont State College as Fairmont State
University, Shepherd College as Shepherd University and West
Virginia State College as West Virginia State University.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.