WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FIFTY-NINTH DAY
____________
Charleston, W. Va., Friday, March 12, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Bill Ellis, Minister at
Large, Teays Valley Church of God, Scott Depot, West Virginia.
Pending the reading of the Journal of Thursday, March 11,
2004,
On motion of Senator Bailey, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 160, Extending time to appropriate money
from public employees insurance agency reserve fund to bureau of
medical services.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 208, Allowing state police
to engage in certain political activities while off duty and out of
uniform.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 431,
Establishing Interstate Insurance Product Regulation Compact.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page forty-five, after section sixteen, by adding a new
section, designated section seventeen, to read as follows:
§33-47-17. Filing of rules by the insurance commissioner.
The insurance commissioner shall, pursuant to the provisions
of section four, article three, chapter twenty-nine-a of this code,
file in the state register any rules or uniform standards which
have been adopted by the commission and have become effective in
this state.;
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read s
follows:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §33-47-1, §33-47-2,
§33-47-3, §33-47-4, §33-47-5, §33-47-6, §33-47-7, §33-47-8,
§33-47-9, §33-47-10, §33-47-11, §33-47-12, §33-47-13, §33-47-14,
§33-47-15, §33-47-16 and §33-47-17, all to read as follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 431--A Bill
to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-47-1, §33-47-2, §33-47-3,
§33-47-4, §33-47-5, §33-47-6, §33-47-7, §33-47-8, §33-47-9, §33-47-
10, §33-47-11, §33-47-12, §33-47-13, §33-47-14, §33-47-15, §33-47-
16 and §33-47-17, all relating to the establishment and operation
of an interstate compact for the review and approval of certain
lines of insurance products; setting forth the purposes for
establishing the compact; protecting the interests of consumers and
promoting uniform standards for insurance products; setting forth
definitions; establishing the interstate insurance product
regulation commission which has the power to develop uniform standards for product lines, to receive and approve those product
filings and to be an instrumentality of the compacting states;
setting forth the powers of the interstate insurance product
regulation commission to promulgate rules, establish reasonable
uniform standards for product filings, review products filed with
the commission, review advertisement relating to long-term care
insurance, exercise its rule-making authority, bring legal actions,
issue subpoenas, undertake activities relating to the
administration of the commission and appoint committees; setting
forth provisions relating to organization of the commission;
memberships and voting rights of states and participation in the
governance of the commission; creation and content of bylaws of the
commission; setting forth provisions relating to meetings and acts
of the commission; establishing rule-making authority of the
commission; exempting rules promulgated by the commission from the
provisions of chapter twenty-nine-a of this code; allowing states
to opt out of rules promulgated by the commission; setting forth
provisions relating to the maintenance and disclosure of commission
records; commission's power to monitor states' compliance with the
compact, but preserving to states the ability to regulate the
market conduct of insurers; setting forth provisions relating to
resolution of disputes between compacting states and noncompacting
states; setting forth requirements for filing products with the commission; setting forth appeal rights of insurers following
disapproval of filings; setting forth provisions relating to the
mechanism for funding the operations of the commission, including
the collection of filing fees; setting forth the circumstances
under which the compact will become effective and requiring twenty-
six states or states representing forty percent of premium volume
for the effected insurance lines to adopt the compact before the
commission may adopt uniform standards and approve filings; setting
forth the procedures for states to withdraw from the compact and
circumstances under which a state will be determined to be in
default of the compact; provisions relating to severability;
requiring the insurance commissioner to file in the state register
rules or uniform standards adopted by the commission and which have
become effective in this state; and provisions relating to the
binding effect of the compact.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 431, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 431) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 517, Relating to standard nonforfeiture
law for individual deferred annuities.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §33-7-9 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §33-13-30a of said code be
amended and reenacted, all to read as follows:
ARTICLE 7. ASSETS AND LIABILITIES
§33-7-9. Standard valuation law.
(a) Title. -- This section shall be known as the standard
valuation law.
(b) Reserve valuation. -- The commissioner shall annually
value, or cause to be valued, the reserve liabilities (hereinafter
called reserves) for all outstanding life insurance policies and
annuity and pure endowment contracts of every life insurance
company doing business in this state and may certify the amount of
any such the reserves specifying the mortality table or tables,
rate or rates of interest and methods (net level premium method or
other) used in the calculation of such the reserves. In
calculating such the reserves, he or she may use group methods and
approximate averages for fractions of a year or otherwise. In lieu
of the valuation of the reserves herein required of any foreign or
alien company, he or she may accept any valuation made, or caused
to be made, by the insurance supervisory official of any state or
other jurisdiction when such the valuation complies with the
minimum standard herein provided and if the official of such the
state or jurisdiction accepts as sufficient and for all valid legal
purposes the certificate of valuation of the commissioner when such the certificate states the valuation to have been made in a
specified manner according to which the aggregate reserves would be
at least as large as if they had been computed in the manner
prescribed by the law of that state or jurisdiction.
(c) Actuarial opinion of reserves. -- This subsection shall
become operative on the first day of January, one thousand nine
hundred ninety-six.
(1) General. -- Every life insurance company doing business in
this state shall annually submit the opinion of a qualified actuary
as to whether the reserves and related actuarial items held in
support of the policies and contracts specified by the commissioner
by regulation are computed appropriately, are based on assumptions
which satisfy contractual provisions, are consistent with prior
reported amounts and comply with applicable laws of this state.
The commissioner by regulation shall define the specifics of this
opinion and add any other item considered to be necessary to its
scope.
(2) Actuarial analysis of reserves and assets supporting such
the reserves. -
(A) Every life insurance company, except as exempted by or
pursuant to regulation, shall also annually include in the opinion
required by subdivision (1) of this subsection an opinion of the
same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts
specified by the commissioner by regulation, when considered in
light of the assets held by the company with respect to the
reserves and related actuarial items, including, but not limited
to, the investment earnings on the assets and the considerations
anticipated to be received and retained under the policies and
contracts, make adequate provision for the company's obligations
under the policies and contracts, including, but not limited to,
the benefits under and expenses associated with the policies and
contracts.
(B) The commissioner may provide by regulation for a
transition period for establishing any higher reserves which the
qualified actuary may consider necessary in order to render the
opinion required by this subsection.
(3) Requirement for opinion under subdivision (2). -- Each
opinion required by subdivision (2) of this subsection shall be
governed by the following provisions:
(A) A memorandum in form and substance acceptable to the
commissioner as specified by regulation shall be prepared to
support each actuarial opinion.
(B) If the insurance company fails to provide a supporting
memorandum at the request of the commissioner within a period
specified by regulation or the commissioner determines that the supporting memorandum provided by the insurance company fails to
meet the standards prescribed by the regulations or is otherwise
unacceptable to the commissioner, the commissioner may engage a
qualified actuary at the expense of the company to review the
opinion and the basis for the opinion and prepare such supporting
memorandum as is required by the commissioner.
(4) Requirement for all opinions. -- Every opinion shall be
governed by the following provisions:
(A) The opinion shall be submitted with the annual statement
reflecting the valuation of such reserve liabilities for each year
ending on or after the thirty-first day of December, one thousand
nine hundred ninety-five.
(B) The opinion shall apply to all business in force,
including individual and group health insurance plans, in form and
substance acceptable to the commissioner as specified by
regulation.
(C) The opinion shall be based on standards adopted, from time
to time, by the actuarial standards board and on such additional
standards as the commissioner may by regulation prescribe.
(D) In the case of an opinion required to be submitted by a
foreign or alien company, the commissioner may accept the opinion
filed by that company with the insurance supervisory official of
another state if the commissioner determines that the opinion reasonably meets the requirements applicable to a company domiciled
in this state.
(E) For the purposes of this section, "qualified actuary"
means a member in good standing of the American academy of
actuaries who meets the requirements set forth in such regulations.
(F) Except in cases of fraud or willful misconduct, the
qualified actuary shall is not be liable for damages to any person
(other than the insurance company and the commissioner) for any
act, error, omission, decision or conduct with respect to the
actuary's opinion.
(G) Disciplinary action by the commissioner against the
company or the qualified actuary shall be defined in regulations by
the commissioner.
(H) Any memorandum in support of the opinion and any other
material provided by the company to the commissioner in connection
therewith shall be kept confidential by the commissioner and shall
not be made public and shall not be subject to subpoena, other than
for the purpose of defending an action seeking damages from any
person by reason of any action required by this section or by
regulations promulgated hereunder: Provided, That the memorandum
or other material may otherwise be released by the commissioner:
(i) With the written consent of the company; (ii) to the American
academy of actuaries upon request stating that the memorandum or other material is required for the purpose of professional
disciplinary proceedings and setting forth procedures satisfactory
to the commissioner for preserving the confidentiality of the
memorandum or other material; or (iii) in accordance with section
nineteen, article two of this chapter. Once any portion of the
confidential memorandum is cited by the company in its marketing or
is cited by the company before any governmental agency other than
a state insurance department or is released by the company to the
news media, all portions of the confidential memorandum shall be no
longer confidential.
(d) Computation of minimum standards. -- Except as otherwise
provided in subsections (e), (f) and (m) of this section, the
minimum standard for the valuation of all such policies and
contracts issued prior to the effective date of this section shall
be that provided by the laws in effect immediately prior to such
the effective date. Except as otherwise provided in subsections
(e), (f) and (m) of this section, the minimum standard for the
valuation of all such policies and contracts issued on or after the
effective date of this section shall be the commissioners reserve
valuation methods defined in subsections (g), (h), (k) and (m) of
this section, three and one-half percent interest or in the case of
life insurance policies and contracts, other than annuity and pure
endowment contracts, issued on or after the first day of June, one thousand nine hundred seventy-four, four percent interest for such
policies issued prior to the sixth day of April, one thousand nine
hundred seventy-seven, five and one-half percent interest for
single premium life insurance policies and four and one-half
percent interest for all other such policies issued on and after
the sixth day of April, one thousand nine hundred seventy-seven,
and the following tables:
(1) For all ordinary policies of life insurance issued on the
standard basis, excluding any disability and accidental death
benefits in such policies:
(A) The commissioner's 1941 standard ordinary mortality table
for such policies issued prior to the operative date of subsection
(4a), section thirty, article thirteen of this chapter;
(B) The commissioners 1958 standard ordinary mortality table
for such policies issued on or after the operative date of said
subsection (4a), section thirty, article thirteen of this chapter,
and prior to the operative date of subsection (4c) of said section:
Provided, That for any category of such policies issued on female
risks, all modified net premiums and present values referred to in
this section may be calculated according to an age not more than
six years younger than the actual age of the insured; and,
_____(C) for such For policies issued on or after the operative
date of subsection (4c), section thirty, article thirteen of this chapter:
(i) The commissioner's 1980 standard ordinary mortality table;
or
(ii) At the election of the company for any one or more
specified plans of life insurance, the commissioners 1980 standard
ordinary mortality table with ten-year select mortality factors; or
(iii) Any ordinary mortality table adopted after the year one
thousand nine hundred eighty by the national association of
insurance commissioners that is approved by regulation rule
promulgated by the commissioner for use in determining the minimum
standard of valuation for such the policies.
(2) For all industrial life insurance policies issued on the
standard basis, excluding any disability and accidental death
benefits in such the policies: The 1941 standard industrial
mortality table for such policies issued prior to the operative
date of subdivision (4), subsection (b), section thirty, article
thirteen of this chapter and for such policies issued on or after
such the operative date, the commissioners 1961 standard industrial
mortality table or any industrial mortality table adopted after the
year one thousand nine hundred eighty by the national association
of insurance commissioners that is approved by regulation rule
promulgated by the commissioner for use in determining the minimum
standard of valuation for such the policies.
(3) For individual annuity and pure endowment contracts,
excluding any disability and accidental death benefits in such
policies: The 1937 standard annuity mortality table or, at the
option of the company, the annuity mortality table for 1949,
ultimate, or any modification of either of these tables approved by
the commissioner.
(4) For group annuity and pure endowment contracts, excluding
any disability and accidental death benefits in such the policies:
The group annuity mortality table for 1951, any modification of
such the table approved by the commissioner, or at the option of
the company, any of the tables or modifications of tables specified
for individual annuity and pure endowment contracts.
(5) For total and permanent disability benefits in or
supplementary to ordinary policies or contracts: For policies or
contracts issued on or after the first day of January, one thousand
nine hundred sixty-six, the tables of period two disablement rates
and the 1930 to 1950 termination rates of the 1952 disability study
of the society of actuaries, with due regard to the type of benefit
or any tables of disablement rates and termination rates adopted
after the year one thousand nine hundred eighty by the national
association of insurance commissioners that are approved by
regulation rule promulgated by the commissioner for use in
determining the minimum standard of valuation for such the policies; for policies or contracts issued on or after the first
day of January, one thousand nine hundred sixty-one, and prior to
the first day of January, one thousand nine hundred sixty-six,
either such tables or, at the option of the company, the Class (3)
disability table (1926); and for policies issued prior to the first
day of January, one thousand nine hundred sixty-one, the Class (3)
disability table (1926).
Any such table shall, for active lives, be combined with a
mortality table permitted for calculating the reserves for life
insurance policies.
(6) For accidental death benefits in or supplementary to
policies issued on or after the first day of January, one thousand
nine hundred sixty-six, the 1959 accidental death benefits table or
any accidental death benefits table adopted after the year one
thousand nine hundred eighty by the national association of
insurance commissioners, that is approved by regulation rules
promulgated by the commissioner for use in determining the minimum
standard of valuation for such policies, for policies issued on or
after the first day of January, one thousand nine hundred sixty-
one, and prior to the first day of January, one thousand nine
hundred sixty-six, either such table or, at the option of the
company, the intercompany double indemnity mortality table; and for
policies issued prior to the first day of January, one thousand nine hundred sixty-one, the intercompany double indemnity mortality
table. Either table shall be combined with a mortality table for
calculating the reserves for life insurance policies.
(7) For group life insurance, life insurance issued on the
substandard basis and other special benefits: Such tables Tables
as may be approved by the commissioner.
(e) Computation of minimum standard for annuities. -- Except
as provided in subsection (f) of this section, the minimum standard
for the valuation of all individual annuity and pure endowment
contracts issued on or after the operative date of this subsection,
as defined herein, and for all annuities and pure endowments
purchased on or after such the operative date under group annuity
and pure endowment contracts shall be the commissioner's reserve
valuation methods defined in subsections (g) and (h) of this
section and the following tables and interest rates:
(1) For individual annuity and pure endowment contracts issued
prior to the sixth day of April, one thousand nine hundred
seventy-seven, excluding any disability and accidental death
benefits in such the contracts: The 1971 individual annuity
mortality table or any modification of this table approved by the
commissioner and six percent interest for single premium immediate
annuity contracts and four percent interest for all other
individual annuity and pure endowment contracts;
(2) For individual single premium immediate annuity contracts
issued on or after the sixth day of April, one thousand nine
hundred seventy-seven, excluding any disability and accidental
death benefits in such contracts: The 1971 individual annuity
mortality table or any individual annuity mortality table adopted
after the year one thousand nine hundred eighty by the national
association of insurance commissioners that is approved by
regulation rule promulgated by the commissioner for use in
determining the minimum standard of valuation for such the
contracts or any modification of these tables approved by the
commissioner and seven and one-half percent interest;
(3) For individual annuity and pure endowment contracts issued
on or after the sixth day of April, one thousand nine hundred
seventy-seven, other than single premium immediate annuity
contracts, excluding any disability and accidental death benefits
in such the contracts: The 1971 individual annuity mortality table
or any individual annuity mortality table adopted after the year
one thousand nine hundred eighty by the national association of
insurance commissioners that is approved by regulation promulgated
by the commissioner for use in determining the minimum standard of
valuation for such the contracts or any modification of these
tables approved by the commissioner and five and one-half percent
interest for single premium deferred annuity and pure endowment contracts and four and one-half percent interest for all other such
individual annuity and pure endowment contracts;
(4) For all annuities and pure endowments purchased prior to
the sixth day of April, one thousand nine hundred seventy-seven,
under group annuity and pure endowment contracts, excluding any
disability and accidental death benefits purchased under such the
contracts: The 1971 group annuity mortality table or any
modification of this table approved by the commissioner and six
percent interest;
(5) For all annuities and pure endowments purchased on or
after the sixth day of April, one thousand nine hundred
seventy-seven, under group annuity and pure endowment contracts,
excluding any disability and accidental death benefits purchased
under such the contracts: The 1971 group annuity mortality table
or any group annuity mortality table adopted after the year one
thousand nine hundred eighty by the national association of
insurance commissioners that is approved by regulation promulgated
by the commissioner for use in determining the minimum standard of
valuation for such annuities and pure endowments or any
modification of these tables approved by the commissioner and seven
and one-half percent interest.
After the third day of June, one thousand nine hundred
seventy-four, any company may file with the commissioner a written notice of its election to comply with the provisions of this
subsection after a specified date before the first day of January,
one thousand nine hundred seventy-nine, which shall be the
operative date of this subsection for such the company provided, if
a company makes no such election, the operative date of this
section for such the company shall be the first day of January, one
thousand nine hundred seventy-nine.
(f) Computation of minimum standard by calendar year of issue.
-
(1) Applicability of this section. -- The interest rates used
in determining the minimum standard for the valuation of:
(A) All life insurance policies issued in a particular
calendar year, on or after the operative date of subdivision (4),
subsection (c), section thirty, article thirteen of this chapter as
amended;
(B) All individual annuity and pure endowment contracts issued
in a particular calendar year on or after the first day of January,
one thousand nine hundred eighty-two;
(C) All annuities and pure endowments purchased in a
particular calendar year on or after the first day of January, one
thousand nine hundred eighty-two, under group annuity and pure
endowment contracts; and
(D) The net increase, if any, in a particular calendar year
after the first day of January, one thousand nine hundred
eighty-two, in amounts held under guaranteed interest contracts,
shall be the calendar year statutory valuation interest rates as
defined in this subsection.
(2) Calendar year statutory valuation interest rates. -
(A) The calendar year statutory valuation interest rates, I,
shall be determined as follows and the results rounded to the
nearer one quarter of one percent:
(i) For life insurance, I =.03 + W(R1 -.03) + W/2(R2 -.09);
(ii) For single premium immediate annuities and for annuity
benefits involving life contingencies arising from other annuities
with cash settlement options and from guaranteed interest contracts
with cash settlement options, I =.03 + W® -.03) where R1 is the
lesser of R and .09, R2 is the greater of R and .09, R is the
reference interest rate defined in this subsection and W is the
weighting factor defined in this section;
(iii) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options, valued
on an issue year basis, except as stated in subparagraph (ii) of
this paragraph, the formula for life insurance stated in
subparagraph (i) of this paragraph shall apply to annuities and
guaranteed interest contracts with guarantee durations in excess of
ten years and the formula for single premium immediate annuities stated in subparagraph (ii) of this paragraph shall apply to
annuities and guaranteed interest contracts with guarantee duration
of ten years or less;
(iv) For other annuities with no cash settlement options and
for guaranteed interest contracts with no cash settlement options,
the formula for single premium immediate annuities stated in
subparagraph (ii) of this paragraph shall apply;
(v) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options, valued
on a change in fund basis, the formula for single premium immediate
annuities stated in subparagraph (ii) of this paragraph shall
apply.
(B) However, if the calendar year statutory valuation interest
rate for any life insurance policies issued in any calendar year
determined without reference to this sentence differs from the
corresponding actual rate for similar policies issued in the
immediately preceding calendar year by less than one half of one
percent, the calendar year statutory valuation interest rate for
such life insurance policies shall be equal to the corresponding
actual rate for the immediately preceding calendar year. For
purposes of applying the immediately preceding sentence, the
calendar year statutory valuation interest rate for life insurance
policies issued in a calendar year shall be determined for the year one thousand nine hundred eighty (using the reference interest rate
defined for the year one thousand nine hundred seventy-nine) and
shall be determined for each subsequent calendar year regardless of
when subdivision (4), subsection (c), section thirty, article
thirteen of this chapter, as amended, becomes operative.
(3) Weighting factors. -
(A) The weighting factors referred to in the formulas stated
above are given in the following tables:
(i) Weighting Factors for Life Insurance:
Guarantee
Duration Weighting
(Years)________Factors
10 or less .50
More than 10, but not more than 20 .45
More than 20 .35
For life insurance, the guarantee duration is the maximum
number of years the life insurance can remain in force on a basis
guaranteed in the policy or under options to convert to plans of
life insurance with premium rates or nonforfeiture values or both
which are guaranteed in the original policy;
(ii) Weighting factor for single premium immediate annuities
and for annuity benefits involving life contingencies arising from
other annuities with cash settlement options and guaranteed interest contracts with cash settlement options: .80;
(iii) Weighting factors for other annuities and for guaranteed
interest contracts, except as stated in subparagraph (ii) of this
paragraph, shall be as specified in clauses (I), (II) and (III) of
this subparagraph, according to the rules and definitions in
clauses (IV), (V) and (VI) of this subparagraph:
(I) For annuities and guaranteed interest contracts valued on
an issue year basis:
Guarantee Weighting Factor
Duration for Plan Type
(Years)_________________________________________________A________B________C
5 or less: .80 .60 .50
More than 5, but not more than 10: .75 .60 .50
More than 10, but not more than 20: .65 .50 .45
More than 20: .45 .35 .35
(II) For annuities and guaranteed interest contracts valued
on a change in fund basis, the factors shown in subparagraph (i) of
this paragraph increased by:
Weighting Factor
for Plan Type
A___________________________________________________B________C1
.15 .25 .05
(III) For annuities and guaranteed interest contracts valued on an issue year basis (other than those with no cash settlement
options) which do not guarantee interest on considerations received
more than one year after issue or purchase and for annuities and
guaranteed interest contracts valued on a change in fund basis
which do not guarantee interest rates on considerations received
more than twelve months beyond the valuation date, the factors
shown in clause (I) of this subparagraph or derived in clause (II)
of this subparagraph increased by:
Weighting Factor
for Plan Type
A___________________________________________________B________C1
.05 .05 .05
(IV) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options, the
guarantee duration is the number of years for which the contract
guarantees interest rates in excess of the calendar year statutory
valuation interest rate for life insurance policies with guarantee
duration in excess of twenty years. For other annuities with no
cash settlement options and for guaranteed interest contracts with
no cash settlement options, the guaranteed duration is the number
of years from the date of issue or date of purchase to the date
annuity benefits are scheduled to commence.
(V) Plan type as used in the above tables is defined as follows:
Plan Type A:
At any time policyholder may withdraw funds only: (1) With an
adjustment to reflect changes in interest rates or asset values
since receipt of the funds by the insurance company; or (2) without
such adjustment but in installments over five years or more; or (3)
as an immediate life annuity; or (4) no withdrawal permitted;
Plan Type B:
Before expiration of the interest rate guarantee, policyholder
may withdraw funds only: (1) With an adjustment to reflect changes
in interest rates or asset values since receipt of the funds by the
insurance company; or (2) without such adjustment but in
installments over five years or more; or (3) no withdrawal
permitted. At the end of interest rate guarantee, funds may be
withdrawn without such adjustment in a single sum or installments
over less than five years;
Plan Type C:
Policyholder may withdraw funds before expiration of interest
rate guarantee in a single sum or installments over less than five
years either: (1) Without adjustment to reflect changes in
interest rates or asset values since receipt of the funds by the
insurance company; or (2) subject only to a fixed surrender charge
stipulated in the contract as a percentage of the fund.
(VI) A company may elect to value guaranteed interest
contracts with cash settlement options and annuities with cash
settlement options on either an issue year basis or on a change in
fund basis. Guaranteed interest contracts with no cash settlement
options and other annuities with no cash settlement options must be
valued on an issue year basis. As used in this section, an issue
year basis of valuation refers to a valuation basis under which the
interest rate used to determine the minimum valuation standard for
the entire duration of the annuity or guaranteed interest contract
is the calendar year valuation interest rate for the year of issue
or year of purchase of the annuity or guaranteed interest contract
and the change in fund basis of valuation refers to a valuation
basis under which the interest rate used to determine the minimum
valuation standard applicable to each change in the fund held under
the annuity or guaranteed interest contract is the calendar year
valuation interest rate for the year of the change in the fund.
(4) Reference interest rate. --
(A) Reference interest rate referred to in subparagraph (ii),
paragraph (A), subdivision (2) of this subsection shall be defined
as follows:
(i) For all life insurance, the lesser of the average over a
period of thirty-six months and the average over a period of twelve
months, ending on the thirtieth day of June of the calendar year next preceding the year of issue, of the monthly average of the
composite yield on seasoned corporate bonds as published by Moody's
investors service, inc.
(ii) For single premium immediate annuities and for annuity
benefits involving life contingencies arising from other annuities
with cash settlement options and guaranteed interest contracts with
cash settlement options, the average over a period of twelve
months, ending on the thirtieth day of June of the calendar year of
issue or year of purchase, of the monthly average of the composite
yield on seasoned corporate bonds as published by Moody's investors
service, inc.
(iii) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options, valued
on a year of issue basis, except as stated in subparagraph (ii) of
this paragraph, with guarantee duration in excess of ten years, the
lesser of the average over a period of thirty-six months and the
average over a period of twelve months, ending on the thirtieth day
of June of the calendar year of issue or purchase, of the monthly
average of the composite yield on seasoned corporate bonds as
published by Moody's investors service, inc.
(iv) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options, valued
on a year of issue basis, except as stated in subparagraph (ii) of this paragraph, with guarantee duration of ten years or less, the
average over a period of twelve months, ending on the thirtieth day
of June of the calendar year of issue or purchase, of the monthly
average of the composite yield on seasoned corporate bonds as
published by Moody's investors service, inc.
(v) For other annuities with no cash settlement options and
for guaranteed interest contracts with no cash settlement options,
the average over a period of twelve months, ending on the thirtieth
day of June of the calendar year of issue or purchase, of the
monthly average of the composite yield on seasoned corporate bonds
as published by Moody's investors service, inc.
(vi) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options, valued
on a change in fund basis, except as stated in subparagraph (ii) of
this paragraph, the average over a period of twelve months, ending
on the thirtieth day of June of the calendar year of the change in
the fund, of the monthly average of the composite yield on seasoned
corporate bonds as published by Moody's investors service, inc.
(5) Alternative method for determining reference interest
rates. -
In the event that the monthly average of the composite yield
on seasoned corporate bonds is no longer published by Moody's
investors service, inc., or in the event that the national association of insurance commissioners determines that the monthly
average of the composite yield on seasoned corporate bonds as
published by Moody's investors service, inc., is no longer
appropriate for the determination of the reference interest rate,
then an alternative method for determination of the reference
interest rate, which is adopted by the national association of
insurance commissioners and approved by regulation promulgated by
the commissioner, may be substituted.
(g) Reserve valuation method. -- Life insurance and endowment
benefits.
Except as otherwise provided in subsections (h), (k) and (m)
of this section, reserves according to the commissioners reserve
valuation method for the life insurance and endowment benefits of
policies providing for a uniform amount of insurance and requiring
the payment of uniform premiums shall be the excess, if any, of the
present value, at the date of valuation, of such the future
guaranteed benefits provided for by such the policies, over the
then present value of any future modified net premiums therefor.
The modified net premiums for any such policy shall be such the
uniform percentage of the respective contract premiums for such the
benefits that the present value, at the date of issue of the
policy, of all such the modified net premiums shall be equal to the
sum of the then present value of such the benefits provided for by the policy and the excess of subdivision (1) of this subsection
over subdivision (2) of this subsection, as follows:
(1) A net level annual premium equal to the present value, at
the date of issue, of such benefits provided for after the first
policy year, divided by the present value, at the date of issue, of
an annuity of one per annum payable on the first and each
subsequent anniversary of such policy on which a premium falls due:
Provided, That such net level annual premium shall not exceed the
net level annual premium on the nineteen-year premium whole life
plan for insurance of the same amount at an age one year higher
than the age at issue of such policy.
(2) A net one-year term premium for such benefits provided for
in the first policy year: Provided, That for any life insurance
policy issued on or after the first day of January, one thousand
nine hundred eighty-five, for which the contract premium in the
first policy year exceeds that of the second year and for which no
comparable additional benefit is provided in the first year for
such excess and which provides an endowment benefit or a cash
surrender value or a combination thereof in an amount greater than
such excess premium, the reserve according to the commissioners'
reserve valuation method as of any policy anniversary occurring on
or before the assumed ending date defined herein as the first
policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than such excess
premium shall, except as otherwise provided in subsection (k) of
this section, be the greater of the reserve as of such policy
anniversary calculated as described in the preceding paragraph and
the reserve as of such the policy anniversary calculated as
described in that paragraph, but with: (i) The value defined in
subdivision (1) of that paragraph being reduced by fifteen percent
of the amount of such excess first-year premium; (ii) all present
values of benefits and premiums being determined without reference
to premiums or benefits provided for by the policy after the
assumed ending date; (iii) the policy being assumed to mature on
such the date as an endowment; and (iv) the cash surrender value
provided on such date being considered as an endowment benefit. In
making the above comparison, the mortality and interest bases
stated in subsections (d) and (f) of this section shall be used.
Reserves according to the commissioners' reserve valuation
method for: (i) Life insurance policies providing for a varying
amount of insurance or requiring the payment of varying premiums;
(ii) group annuity and pure endowment contracts purchased under a
retirement plan or plan of deferred compensation, established or
maintained by an employer (including a partnership or sole
proprietorship) or by an employee organization, or by both, other
than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code
(26 U.S.C. §408) as now or hereafter amended; (iii) disability and
accidental death benefits in all policies and contracts; and (iv)
all other benefits, except life insurance and endowment benefits in
life insurance policies and benefits provided by all other annuity
and pure endowment contracts, shall be calculated by a method
consistent with the principles of the preceding paragraphs of this
section.
(h) Reserve valuation method. -- Annuity and pure endowment
benefits. This subsection shall apply to all annuity and pure
endowment contracts other than group annuity and pure endowment
contracts purchased under a retirement plan or plan of deferred
compensation established or maintained by an employer (including a
partnership or sole proprietorship) or by an employee organization,
or by both, other than a plan providing individual retirement
accounts or individual retirement annuities under section 408 of
the Internal Revenue Code (26 U. S. C. §408) as now or hereafter
amended.
Reserves according to the commissioners' annuity reserve
method for benefits under annuity or pure endowment contracts,
excluding any disability and accidental death benefits in such
contracts, shall be the greatest of the respective excesses of the
present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for
by such contracts at the end of each respective contract year over
the present value, at the date of valuation, of any future
valuation considerations derived from future gross considerations,
required by the terms of such contract, that become payable prior
to the end of such respective contract year.
The future guaranteed benefits shall be determined by using
the mortality table, if any, and the interest rate, or rates,
specified in such the contracts for determining guaranteed
benefits. The valuation considerations are the portions of the
respective gross considerations applied under the terms of such
contracts to determine nonforfeiture values.
(i) Minimum reserves. --
(1) In no event shall a company's aggregate reserves for all
life insurance policies, excluding disability and accidental death
benefits, issued on or after the effective date of this section be
less than the aggregate reserves calculated in accordance with the
methods set forth in subsections (g), (h), (k) and (l) of this
section and the mortality table or tables and rate or rates of
interest used in calculating nonforfeiture benefits for such
policies.
(2) In no event shall the aggregate reserves for all policies,
contracts and benefits be less than the aggregate reserves determined by the qualified actuary to be necessary to render the
opinion required by subsection (c) of this section.
(j) Optional reserve calculation. --
Reserves for all policies and contracts issued prior to the
effective date of this section may be calculated, at the option of
the company, according to any standards which produce greater
aggregate reserves for all such policies and contracts than the
minimum reserves required by the laws in effect immediately prior
to such date.
Reserves for any category of policies, contracts or benefits
as established by the commissioner issued on or after the effective
date of this section may be calculated, at the option of the
company, according to any standards which produce greater aggregate
reserves for such category than those calculated according to the
minimum standard herein provided, but the rate or rates of interest
used for policies and contracts, other than annuity and pure
endowment contracts, shall not be higher than the corresponding
rate or rates of interest used in calculating any nonforfeiture
benefits provided therein.
Any such company which at any time shall have adopted any
standard of valuation producing greater aggregate reserves than
those calculated according to the minimum standard herein provided
may, with the approval of the commissioner, adopt any lower standard of valuation, but not lower than the minimum herein
provided: Provided, That for the purposes of this section, the
holding of additional reserves previously determined by a qualified
actuary to be necessary to render the opinion required by
subsection (c) of this section shall not be considered to be the
adoption of a higher standard of valuation.
(k) Reserve calculation. -- Valuation net premium exceeding
the gross premium charged.
If in any contract year the gross premium charged by any life
insurance company on any policy or contract is less than the
valuation net premium for the policy or contract calculated by the
method used in calculating the reserve thereon but using the
minimum valuation standards of mortality and rate of interest, the
minimum reserve required for such policy or contract shall be the
greater of either the reserve calculated according to the mortality
table, rate of interest and method actually used for such policy or
contract or the reserve calculated by the method actually used for
such policy or contract but using the minimum valuation standards
of mortality and rate of interest and replacing the valuation net
premium by the actual gross premium in each contract year for which
the valuation net premium exceeds the actual gross premium. The
minimum valuation standards of mortality and rate of interest
referred to in this section are those standards stated in subsections (d) and (f) of this section: Provided, That for any
life insurance policy issued on or after the first day of January,
one thousand nine hundred eighty-five, for which the gross premium
in the first policy year exceeds that of the second year and for
which no comparable additional benefit is provided in the first
year for such excess and which provides an endowment benefit or a
cash surrender value or a combination thereof in an amount greater
than such excess premium, the foregoing provisions of this
subsection shall be applied as if the method actually used in
calculating the reserve for such policy were the method described
in subsection (g) of this section, ignoring the second paragraph of
said subsection.
The minimum reserve at each policy anniversary of such a
policy shall be the greater of the minimum reserve calculated in
accordance with said subsection, including the second paragraph of
that section, and the minimum reserve calculated in accordance with
this subsection.
(l) Reserve calculation. -- Indeterminate premium plans.
In the case of any plan of life insurance which provides for
future premium determination, the amounts of which are to be
determined by the insurance company based on then estimates of
future experience, or in the case of any plan of life insurance or
annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in subsections (g), (h) and
(k) of this section, the reserves which are held under any such
plan must:
(1) Be appropriate in relation to the benefits and the pattern
of premiums for that plan; and
(2) Be computed by a method which is consistent with the
principles of this standard valuation law as determined by
regulations promulgated by the commissioner.
(m) Minimum standards for health (disability, accident and
sickness) plans. --
The commissioner shall promulgate a regulation rule containing
the minimum standards applicable to the valuation of health
(disability, sickness and accident) plans.
(n) The commissioner shall promulgate a rule on or before the
first day of November, one thousand nine hundred ninety-five,
prescribing the guidelines and standards for statements of
actuarial opinion which are to be submitted in accordance with
subsection (c) of this section and for memoranda in support
thereof; guidelines and standards for statements of actuarial
opinion which are to be submitted when a company is exempt from
subdivision (2) of said subsection of the standard valuation law;
and rules applicable to the appointment of an appointed actuary.
(o) Effective date. -- All acts and parts of acts inconsistent with the provision of this section are hereby repealed as of the
effective date of this section. This section shall take effect the
first day of January, one thousand nine hundred ninety-six.
(p) Modification of the standard valuation law for certain
types of contracts. -
(1) The commissioner may, by rule, establish alternative
methods of calculating reserve liabilities, which methods shall be
used to calculate reserve liabilities for the types of policies,
annuities or other contracts identified in the rule: Provided,
That the method specified in the rule shall be one which, in the
opinion of the commissioner and in light of the methods applied to
such the contracts by the insurance regulators of other states, is
appropriate to such the contracts. This power shall be in addition
to, and in no way diminish, rule-making power granted to the
commissioner elsewhere in this code.
(2) The legislative rule filed in the state register on the
twentieth day of August, one thousand nine hundred ninety-six,
(valuation of life insurance policies, 114 CSR 49) is hereby
disapproved and is not authorized for promulgation: Provided, That
for purposes of determining the legal effects of the aforementioned
rule, this provision shall be considered to have taken effect on
the thirty-first day of December, one thousand nine hundred
ninety-seven. This disapproval shall in no way limit the commissioner's power to promulgate in the future a rule similar or
identical to the rule here disapproved.
ARTICLE 13. LIFE INSURANCE.
§33-13-30a. Standard nonforfeiture law for individual deferred
annuities.
(a) This section shall be known as the "Standard Nonforfeiture
Law for Individual Deferred Annuities".
(b) This section may not apply to any reinsurance, group
annuity purchased under a retirement plan or plan of deferred
compensation established or maintained by an employer (including a
partnership or sole proprietorship) or by an employee organization,
or by both, other than a plan providing individual retirement
accounts or individual retirement annuities under Section 408 of
the Internal Revenue Code, as now or hereafter amended, premium
deposit fund, variable annuity, investment annuity, immediate
annuity, any deferred annuity contract after annuity payments have
commenced or reversionary annuity, nor to any contract which shall
be delivered outside this state through an agent or other
representative of the company issuing the contract.
(c) In the case of contracts issued on or after the operative
date of this section as defined in subsection (l) of this section,
no contract of annuity, except as stated in subsection (b) of this
section, shall be delivered or issued for delivery in this state unless it contains in substance the following provisions or
corresponding provisions which, in the opinion of the commissioner,
are at least as favorable to the contract holder, upon cessation of
payment of considerations under the contract:
(1) That upon cessation of payment of considerations under a
contract, the company will grant a paid-up annuity benefit on a
plan stipulated in the contract of the value as is specified in
subsections (e), (f), (g), (h) and (j) of this section;
(2) If a contract provides for a lump sum settlement at
maturity or at any other time, that, upon surrender of the contract
at or prior to the commencement of any annuity payments, the
company will pay in lieu of any paid-up annuity benefit a cash
surrender benefit of the amount as is specified in subsections (e),
(f), (h) and (j) of this section. The company shall reserve the
right to defer the payment of the cash surrender benefit for a
period of six months after demand therefor with surrender of the
contract;
(3) A statement of the mortality table, if any, and interest
rates used in calculating any minimum paid-up annuity, cash
surrender or death benefits that are guaranteed under the contract,
together with sufficient information to determine the amounts of
the benefits; and
(4) A statement that any paid-up annuity, cash surrender or death benefits that may be available under the contract are not
less than the minimum benefits required by any statute of the state
in which the contract is delivered and an explanation of the manner
in which the benefits are altered by the existence of any
additional amounts credited by the company to the contract, any
indebtedness to the company on the contract or any prior
withdrawals from or partial surrenders of the contract.
Notwithstanding the requirements of this subsection, any
deferred annuity contract may provide that if no considerations
have been received under a contract for a period of two full years
and the portion of the paid-up annuity benefit at maturity on the
plan stipulated in the contract arising from considerations paid
prior to the period would be less than twenty dollars monthly, the
company may at its option terminate the contract by payment in cash
of the then present value of the portion of the paid-up annuity
benefit, calculated on the basis of the mortality table, if any,
and interest rate specified in the contract for determining the
paid-up annuity benefit and by the payment shall be relieved of any
further obligation under the contract.
(d) (1) The minimum values as specified in subsections (e),
(f), (g), (h) and (j) of this section of any paid-up annuity, cash
surrender or death benefits available under an annuity contract
shall be based upon minimum nonforfeiture amounts as defined in this section subdivision:
_____(1) (A) With respect to contracts providing for flexible
considerations, the minimum nonforfeiture amount at any time at or
prior to the commencement of any annuity payments shall be equal to
an accumulation up to the time at a rate of interest of three
percent per annum of percentages of the net considerations (as
hereinafter defined) paid prior to the time, decreased by the sum
of:
(A) (i) Any prior withdrawals from or partial surrenders of
the contract accumulated at a rate of interest of three percent per
annum; and
(B) (ii) The amount of any indebtedness to the company on the
contract, including interest due and accrued; and increased by any
existing additional amounts credited by the company to the
contract;
The net considerations for a given contract year used to
define the minimum nonforfeiture amount shall be an amount not less
than zero and shall be equal to the corresponding gross
considerations credited to the contract during that contract year
less than an annual contract charge of thirty dollars and less a
collection charge of one dollar and twenty-five cents per
consideration credited to the contract during that contract year.
The percentages of net considerations shall be sixty-five percent of the net consideration for the first contract year and
eighty-seven and one-half percent of the net considerations for the
second and later contract years. Notwithstanding the provisions of
the preceding sentence, the percentage shall be sixty-five percent
of the portion of the total net consideration for any renewal
contract year which exceeds by not more than two times the sum of
those portions of the net considerations in all prior contract
years for which the percentage was sixty-five percent;
Notwithstanding any other provision of this section, any
contract issued on or after the first day of July, two thousand
three, and before the first day of July, two thousand five six, the
interest rate at which net considerations, prior withdrawals and
partial surrenders shall be accumulated for the purpose of
determining nonforfeiture amounts may not be less than one and
one-half percent per annum;
(2) (B) With respect to contracts providing for fixed
scheduled considerations, minimum nonforfeiture amounts shall be
calculated on the assumption that considerations are paid annually
in advance and shall be defined as for contracts with flexible
considerations which are paid annually with two exceptions:
(A) (i) The portion of the net consideration for the first
contract year to be accumulated shall be the sum of sixty-five
percent of the net consideration for the first contract year plus twenty-two and one-half percent of the excess of the net
consideration for the first contract year over the lesser of the
net considerations for the second and third contract years;
(B) (ii) The annual contract charge shall be the lesser of:
(i) (1) Thirty dollars; or (ii) (2) ten percent of the gross annual
consideration;
(3) (C) With respect to contracts providing for a single
consideration, minimum nonforfeiture amounts shall be defined as
for contracts with flexible considerations except that the
percentage of net consideration used to determine the minimum
nonforfeiture amount shall be equal to ninety percent and the net
consideration shall be the gross consideration less a contract
charge of seventy-five dollars;
(D) This subdivision applies to contracts issued before the
first day of July, two thousand four, and may be applied by a
company on a contract-by-contract basis to contracts issued on or
after the first day of July, two thousand four, and before the
first day of July, two thousand six;
_____(2) The minimum values as specified in subsections (e), (f),
(g), (h) and (j) of any paid-up annuity, cash surrender or death
benefits available under an annuity contract shall be based upon
minimum nonforfeiture amounts as defined in this subdivision;
_____(A) (i) The minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to
an accumulation up to such time at rates of interest as indicated
in paragraph (B) of this subdivision of the net considerations (as
hereinafter defined) paid prior to such time, decreased by the sum
of subparagraphs (I) through (IV) below:
_____(I) Any prior withdrawals from or partial surrenders of the
contract accumulated at rates of interest as indicated in paragraph
(B);
_____(II) An annual contract charge of fifty dollars, accumulated
at rates of interest as indicated in paragraph (B) of this
subdivision;
_____(III) Any premium tax paid by the company for the contract,
accumulated at rates of interest as indicated in subparagraph (ii),
paragraph (B) of this subdivision; and
_____(IV) The amount of any indebtedness to the company on the
contract, including interest due and accrued;
_____(ii) The net considerations for a given contract year used to
define the minimum nonforfeiture amount shall be an amount equal to
eighty-seven and one-half percent of the gross considerations
credited to the contract during that contract year;
_____(B) The interest rate used in determining minimum
nonforfeiture amounts shall be an annual rate of interest
determined as the lesser of three percent per annum and the following, which shall be specified in the contract if the interest
rate will be reset:
_____(i) The five-year constant maturity treasury rate reported by
the federal reserve as of a date, or average over a period, rounded
to the nearest 1/20th of one percent, specified in the contract no
longer than fifteen months prior to the contract issue date or
redetermination date under subparagraph (iv) of this paragraph;
_____(ii) Reduced by one hundred twenty-five basis points;
_____(iii) Where the resulting interest rate is not less than one
percent; and
_____(iv) The interest rate shall apply for an initial period and
may be redetermined for additional periods. The redetermination
date, basis and period, if any, shall be stated in the contract.
The basis is the date or average over a specified period that
produces the value of the five-year constant maturity treasury rate
to be used at each redetermination date;
_____(C) During the period or term that a contract provides
substantive participation in an equity indexed benefit, it may
increase the reduction described in subparagraph (ii), paragraph
(B) of this subdivision by up to an additional one hundred basis
points to reflect the value of the equity index benefit. The
present value at the contract issue date, and at each
redetermination date thereafter, of the additional reduction may not exceed the market value of the benefit. The commissioner may
require a demonstration that the present value of the additional
reduction does not exceed the market value of the benefit. Lacking
a determination that is acceptable to the commissioner, the
commissioner may disallow or limit the additional reduction;
_____(D) The commissioner may adopt rules to implement the
provisions of this subsection and to provide for further
adjustments to the calculation of minimum nonforfeiture amounts for
contracts that provide substantive participation in an equity index
benefit and for other contracts that the commissioner determines
their adjustments are justified;
_____(E) This subdivision shall apply to contracts outstanding on
the first day of July, two thousand four, and may be applied by a
company on a contract-by-contract basis to any contract issued
after the first day of July, two thousand four, and before the
first day of July, two thousand six.
(e) Any paid-up annuity benefit available under a contract
shall be such that its present value on the date annuity payments
are to commence is at least equal to the minimum nonforfeiture
amount on that date. The present value shall be computed using the
mortality table, if any, and the interest rate specified in the
contract for determining the minimum paid-up annuity benefits
guaranteed in the contract.
(f) For contracts which provide cash surrender benefits, the
cash surrender benefits available prior to maturity shall may not
be less than the present value as of the date of surrender of that
portion of the maturity value of the paid-up annuity benefit which
would be provided under the contract at maturity arising from
consideration paid prior to the time of cash surrender reduced by
the amount appropriate to reflect any prior withdrawals from or
partial surrenders of the contract, the present value being
calculated on the basis of an interest rate not more than one
percent higher than the interest rate specified in the contract for
accumulating the net considerations to determine the maturity
value, decreased by the amount of any indebtedness to the company
on the contract, including interest due and accrued, and increased
by any existing additional amounts credited by the company to the
contract. In no event shall any cash surrender benefit be less
than the minimum nonforfeiture amount at that time. The death
benefit under the contracts shall be at least equal to the cash
surrender benefit.
(g) For contracts which do not provide cash surrender
benefits, the present value of any paid-up annuity benefit
available as a nonforfeiture option at any time prior to maturity
shall may not be less than the present value of that portion of the
maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the
contract is surrendered in exchange for, or changed to, a deferred
paid-up annuity, the present value being calculated for the period
prior to the maturity date on the basis of the interest rate
specified in the contract for accumulating the net considerations
to determine the maturity value and increased by any existing
additional amounts credited by the company to the contract. For
contracts which do not provide any death benefits prior to the
commencement of any annuity payments, the present values shall be
calculated on a basis of the interest rate and the mortality table
specified in the contract for determining the maturity value of the
paid-up annuity benefit. However, in no event shall the present
value of a paid-up annuity benefit be less than the minimum
nonforfeiture amount at that time.
(h) For the purpose of determining the benefits calculated
under subsections (f) and (g) of this section, in the case of
annuity contracts under which an election may be made to have
annuity payments commence at optional maturity dates, the maturity
date shall be deemed is considered to be the latest date for which
election shall be is permitted by the contract, but shall is not be
deemed considered to be later than the anniversary of the contract
next following the annuitant's seventieth birthday or the tenth
anniversary of the contract, whichever is later.
(i) Any contract which does not provide cash surrender
benefits or does not provide death benefits at least equal to the
minimum nonforfeiture amount prior to the commencement of any
annuity payments shall include a statement in a prominent place in
the contract that the benefits are not provided.
(j) Any paid-up annuity, cash surrender or death benefits
available at any time, other than on the contract anniversary under
any contract with fixed scheduled considerations, shall be
calculated with allowance for the lapse of time and the payment of
any scheduled considerations beyond the beginning of the contract
year in which cessation of payment of considerations under the
contract occurs.
(k) For any contract which provides, within the same contract
by rider or supplemental contract provision, both annuity benefits
and life insurance benefits that are in excess of the greater of
cash surrender benefits or a return of the gross considerations
with interest, the minimum nonforfeiture benefits shall be equal to
the sum of the minimum nonforfeiture benefits for the annuity
portion and the minimum nonforfeiture benefits, if any, for the
life insurance portion computed as if each portion were a separate
contract. Notwithstanding the provisions of subsections (e), (f),
(g), (h) and (j) of this section, additional benefits payable: (1)
In the event of total and permanent disability; (2) as reversionary annuity or deferred reversionary annuity benefits; or (3) as other
policy benefits additional to life insurance, endowment and annuity
benefits and considerations for all the additional benefits shall
be disregarded in ascertaining the minimum nonforfeiture amounts,
paid-up annuity, cash surrender and death benefits that may be
required by this section. The inclusion of the additional benefits
shall may not be required in any paid-up benefits unless the
additional benefits separately would require minimum nonforfeiture
amounts, paid-up annuity, cash surrender and death benefits.
(l) After the effective date of this section, any company may
file with the commissioner a written notice of its election to
comply with the provisions of this section after a specified date
before the second anniversary of the effective date of this
section. After the filing of the notice, then upon the specified
date which shall be the operative date of this section for the
company, this section shall become operative with respect to
annuity contracts thereafter issued by the company. If a company
makes no election, the operative date of this section for the
company shall be is the second anniversary of the effective date of
this section.
(m) (1) During the period from the first day of July, two
thousand four, through the first day of July, two thousand six, an
insurer may elect on a contract-by-contract basis to apply the provisions of either subdivision (1) or (2), subsection (d) of this
section to any annuity contract issued during that period of time;
(2) The provisions of subdivision (1), subsection (d) of this
section expires the first day of July, two thousand six.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 517--A Bill to amend and reenact §33-7-9
of the code of West Virginia, 1931, as amended; and to amend and
reenact §33-13-30a of said code, all relating to the valuation of
annuities; establishing minimum standards for the valuation of life
insurance policies; and modifying the standard nonforfeiture law
for individual deferred annuities.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 517, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 517) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 577, Continuing board of registration for
foresters.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 631, Relating to state fertilizer law.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 671, Clarifying appeal bond procedures
relating to master tobacco settlement.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 697, Delegating motor carrier inspector duties to weight enforcement officers.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 697--A Bill to amend and reenact §24A-7-7
of the code of West Virginia, 1931, as amended, relating to
authorizing the public service commission to delegate motor carrier
inspector duties to weight enforcement officers and to delegate
weight enforcement duties to motor carrier inspectors; and to
remove the mandate that motor carrier inspectors perform a safety
inspection of every commercial vehicle stopped for enforcement
purposes.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendment to the title of the bill (Eng. S. B.
No. 697) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 34, Designating Cass Scenic Railroad State Park's Shay No. 5 steam locomotive as official state
steam locomotive and 2005 "Year of the Shay No. 5.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2088, Increasing the penalty
for the manufacture, distribution or possession of certain
controlled or counterfeit substances near a park.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators White, Caldwell and Deem.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4027, Establishing a
voluntary environmental excellence program.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4104, Creating the felony
crime of scanning device or reencoder fraud.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, of
Eng. Com. Sub. for House Bill No. 4143, Creating a West
Virginia center for nursing to establish a statewide strategic plan
to address the nursing shortage in the state and to facilitate
recruitment and retention of nurses.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 4157, Continuing the rural health advisory
panel.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended
by the House of Delegates, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 4193, Authorizing the Department of Environmental Protection to promulgate legislative
rules.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the Senate
amendments to the bill was reported by the Clerk:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§64-3-1. Department of environmental protection.
(a) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (Nox
budget trading program as a means of control and reduction of
nitrogen oxides from nonelectric generating units, 45 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(emission standards for hazardous air pollutants pursuant to 40 CFR
Part 61, 45 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(standards of performance for new stationary sources pursuant to 40
CFR Part 60, 45 CSR 16), is authorized with the following
amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(d) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (to
prevent and control air pollution from hazardous waste treatment,
storage or disposal facilities, 45 CSR 25), is authorized with the
following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(e) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(emission standards for hazardous air pollutants for source
categories pursuant to 40 CFR Part 63, 45 CSR 34), is authorized
with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(f) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(requirements for determining conformity of transportation plans,
programs and projects developed, funded or approved under Title 23
U. S. C. or the federal transit laws applicable to air quality
implementation plans (transportation conformity), 45 CSR 36), is
authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(g) The legislative rule filed in the state register on the thirty-first day of July, two thousand three, authorized under the
authority of section four, article three, chapter twenty-two of
this code, modified by the department of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixteenth day of
January, two thousand four, relating to the department of
environmental protection (surface mining reclamation, 38 CSR 2), is
authorized.
(h) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section five, article fifteen, chapter twenty-two of
this code, modified by the department of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the second day of
December, two thousand three, relating to the department of
environmental protection (solid waste management, 33 CSR 1), is
authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(i) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the authority of section one, article eighteen, chapter twenty-two of
this code, modified by the department of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the second day of
December, two thousand three, relating to the department of
environmental protection (hazardous waste management, 33 CSR 20),
is authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(j) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section four, article eleven, chapter twenty-two of
this code, modified by the department of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twentieth day of
November, two thousand three, relating to the department of
environmental protection (West Virginia NPDES rule for coal mining
facilities, 47 CSR 30), is authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of the agency of reference shall be retained.
§64-3-2. Environmental quality board.
The legislative rule filed in the state register on the first
day of August, two thousand three, under the authority of section
four, article three, chapter twenty-two-b of this code, relating to
the environmental quality board (requirements governing water
quality standards, 46 CSR 1), is not authorized.
(1) The legislative rule filed in the state register on the
fourteenth day of April, two thousand three, and effective the
twenty-fifth day of June, two thousand three, authorized under the
authority of section four, article three, chapter twenty-two-b of
this code, authorized by the Legislature during the regular session
of the Legislature in two thousand three, relating to the
environmental quality board (requirements governing water quality
standards, 46 CSR 1), is reauthorized with the following
amendments:
On page seven, section 6.2.d., after the words "(requirements
for Category A waters.)", by striking out the words "The manganese
human health criteria shall not apply where the discharge point of
the manganese is located more than five miles upstream from a known
drinking water source. and inserting the following:
"The manganese human health criterion shall only apply within
the five-mile zone immediately upstream above a known public or private water supply used for human consumption.;
On page ten, section 7.2.a.2., after the words "(to its
headwaters.)" by striking out the words "Until September 1, 2004,
the one-half mile zone described in this section shall not apply to
the Ohio River main channel (between Brown's Island and the left
descending bank) between river mile points 61.0 and 63.5. and
inserting in lieu thereof the words "Until September 1, 2010, or
until action by the Environmental Quality Board to revise this
provision, whichever comes first, the one-half (½) mile zone
described in this section shall not apply to the Ohio River main
channel (between Brown's Island and the left descending bank)
between river mile points 61.0 and 63.5 for the Category A
criterion for iron as set forth in §8 herein. Weirton Steel
Corporation shall conduct monthly monitoring of the treated water
at its drinking water plant for iron and submit the results of such
monitoring to the West Virginia Bureau for Public Health and the
Office of Water Resources of the West Virginia Department of
Environmental Protection. In addition, Weirton Steel Corporation
shall submit a written report regarding the status of its drinking
water plant and the issues pertaining thereto to the Environmental
Quality Board on or before March 1, 2007.;
On pages twelve and thirteen, section 7.2.d.16.2. after the
words "the following instream criteria:" by striking the remainder of 7.2.d.16.2. and inserting in lieu thereof, the following:
"Lead 14 ug/l, Daily Maximum, Temperature 100 degree F
(monitored per Footnote 12 of the permit); Iron 4.0 mg/l, monthly
average and 8.0 mg/l Daily Maximum (monitored per Footnote 12 of
the permit). Weirton Steel Corporation shall continue to submit to
the Office of Water Resources of the West Virginia Department of
Environmental Protection, on an annual basis summary reports on the
water quality of the discharge from Outlet 004 and the efforts made
by Weirton Steel Corporation during the previous year to improve
the quality of the discharge. These exceptions shall be in effect
until action by the Environmental Quality Board to revise the
exceptions or until July 1, 2007, whichever comes first.;
On page thirteen, section 7.2.d.19. By adding a new paragraph
designated 7.2.d.19.3 to read as follows:
7.2.d.19.3. Except that in Ward Hollow of Davis Creek, the
following site-specific numeric criterion for chloride shall apply
for Category A and Category B1 (chronic aquatic life
protection):310,000 ug/L.;
On page 30, APPENDIX E, TABLE 1, column one, by striking out
the words "The concentration of un-ionized ammonia (NH3) shall not
exceed 50 ug/l.; and
On page 30, APPENDIX E, TABLE 1, by striking the all the
provisions of 8.2. and on page 31, by renumbering 8.2.1 as 8.2..
(2) In addition to the forgoing amendments to the rule the
environmental quality board shall, in cooperation with the
regulated community and the department of environmental protection,
propose for promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code, an emergency and
legislative rule on or before the first day of October, two
thousand four, to revise the aquatic life aluminum criteria.
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendment to the Senate amendments to
the bill.
Engrossed Committee Substitute for House Bill No. 4193, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4193) passed with its Senate amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4193) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4200, Authorizing the
department of military affairs and public safety to promulgate
legislative rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4299, Modifying the West
Virginia contractor licensing act and updating certain terms.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4649, Providing for greater
efforts for instate placement of children in the custody of the
Department of Health and Human Services.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4752--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
four, to the department of tax and revenue - division of banking,
fund 3041, fiscal year 2004, organization 0303, all supplementing
and amending the appropriation for the fiscal year ending the
thirtieth day of June, two thousand four.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4754--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance
of moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand four, to the department of
transportation - division of motor vehicles, fund 8787, fiscal year
2004, organization 0802, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand four.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4755--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand four, to a new item
of appropriation designated to the coal heritage highway authority,
fund 8861, fiscal year 2004, organization 0942, supplementing and
amending chapter twenty, acts of the Legislature, regular session,
two thousand three, known as the budget bill.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4756--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
four, to the West Virginia state board of examiners for licensed
practical nurses, fund 8517, fiscal year 2004, organization 0906,
all supplementing and amending the appropriation for the fiscal
year ending the thirtieth day of June, two thousand four.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4757--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand four, to the
department of military affairs and public safety - division of
criminal justice services, fund 8803, fiscal year 2004,
organization 0620, all supplementing and amending the appropriation
for the fiscal year ending the thirtieth day of June, two thousand
four.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4758--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand four, to the
department of military affairs and public safety - division of
criminal justice services - juvenile accountability incentive, fund
8829, fiscal year 2004, organization 0620, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth
day of June, two thousand four.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 65--Urging the United States
Corps of Engineers and the West Virginia Conservation Agency to
address the issue of flooding in Wyoming County by dredging all
flood-prone waterways.
Whereas, Heavy rainfalls in Wyoming County have caused
widespread flooding with consequent property damage and human
tragedy; and
Whereas, The waterways of Wyoming County are regularly reduced
in capacity by natural processes such as stream bank sloughing and the accumulation of natural woody debris, as well as refuse
dumping; and
Whereas, Those waterways whose channels have been reduced in
capacity are primary contributors to the frequency, extent and
severity of flooding; and
Whereas, Many citizens who live near or adjacent to these
streams live in fear of floodwaters inundating their homes and
businesses; and
Whereas, During every heavy rain, elderly, frail and isolated
Wyoming County residents fear that clogged waterways will leave
them vulnerable to property damage which could have been prevented
by dredging; and
Whereas, Scientific hydrologic studies have established that
the combination of extraordinary rainfall on saturated soil,
combined with a reduction in stream channel capacity, determines
the extent and magnitude of flooding in urban, suburban and rural
landscapes; and
Whereas, Individuals and businesses are no longer permitted to
clean and clear impediments from natural watercourses; therefore be
it
Resolved by the Legislature of West Virginia:
That the United States Corps of Engineers, whose primary
mission is the prevention of flooding, and the West Virginia Conservation Agency, who has taken the initiative in charting a new
course of flood damage reduction and floodplain management in West
Virginia, are hereby requested to address the issue of flooding in
Wyoming County by dredging all flood-prone waterways; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the United States Corps of Engineers,
the West Virginia Conservation Agency and the West Virginia
congressional delegation.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 72--Requesting the Joint
Committee on Government and Finance to conduct a study to determine
the ability and feasibility of the sheriff's department to
supervise home incarceration of convicted offenders.
Whereas, Currently, the county commission, with approval of
the circuit court, employs a person, subject to supervision of the
sheriff, as a home incarceration supervisor to administer the
program and supervise offenders; and
Whereas, Providing for the sheriff's department to employ a
person as a home incarceration supervisor, with consent of the
county commission and the approval of the circuit court, may have a closer nexus and be more beneficial by allowing the program to
operate more efficiently, effectively and inexpensively; and
Whereas, The supervisory authority of the sheriff's department
would include the proper monitoring and supervision of offenders on
home incarceration, the establishment of policies related to the
daily operation, the evaluation of the work performance of all home
incarceration supervisors and all other authority for the proper
and orderly administration of the program within the county;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study to determine the ability and
feasibility of the sheriff's department to supervise home
incarceration of convicted offenders; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 77--Directing the Joint
Committee on Government and Finance to make a study on the
instructional term.
Whereas, A primary goal in establishing a calendar for the
instructional term of schools is to provide sufficient time for
delivery of the required curriculum at a pace at which the students
should be able to master the material; and
Whereas, Once a calendar is established for the instructional
term, some of the scheduled instructional days may need to be
canceled due to random events, such as severe weather conditions,
natural disasters, infrastructure breakdowns and other emergencies,
of which some number of these cancellations may be anticipated
based on historical experience; and these cancellations are
necessary to protect the health and safety of the students; and
Whereas, The present parameters established for a calendar for
the instructional term require no less than 180 separate
instructional days, require 20 noninstructional days, restrict the
dates for beginning and ending the instructional term as well as
its duration, limit when certain of the required days may be scheduled in the calendar and require certain of the days to be
rescheduled to make up for instructional days canceled; and
Whereas, Variables other than the number of instructional days
in school calendar also affect the time available throughout the
instructional term for delivering the required curriculum,
including variables such as the length of the school day;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
directed to make a study on the instructional term; and, be it
Further Resolved, That the issues considered in the study
should include, but should not be limited to:
(1) Consideration of whether the amount of required
instructional time within an instructional term may be a more
equitable and creditable standard than the number of required
instructional days and, if so, whether the standard should reflect
the "time on task" or the length of the instructional day;
(2) Consideration of whether and, if so, how instructional
time in excess of the required minimums accruing during the course
of an instructional term should be credited, in whole or in part,
as time made up for scheduled instructional days that are canceled
if the current standard for a required minimum number of
instructional days is maintained; and
(3) Consideration of how the required days or times required
for instruction in the secondary schools may be allocated between
the 1st and 2nd semesters to permit the conclusion of the 1st
semester before the first day of January; and, be it
Further Resolved, That the said Joint Committee on Government
and Finance shall conduct the study and prepare a report of its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and draft necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
regarding annual reports, which communication was received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 12, 2004
Senate Executive Message No. 5
The Honorable Earl Ray Tomblin
President, Senate of West Virginia
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of §5-1-20 of the Code of West
Virginia, I hereby certify that the following 2002-2003 annual
reports have been received in the Office of the Governor:
1. Accountancy, West Virginia Board of;
2. Aeronautics Commission, West Virginia Department of
Transportation;
3. Affordable Housing Trust Fund, West Virginia;
4. Architects, West Virginia State Board of;
5. Association of Counties, West Virginia;
6. Attorney General, Office of the;
7. Banking, West Virginia Division of, West Virginia
Department of Tax and Revenue;
8. Barbers and Cosmetologists, Board of, West Virginia Department of Health and Human Resources;
9. Blind and Severely Disabled, West Virginia Society for;
10. Cancer Registry, West Virginia Department of Health and
Human Resources;
11. Children and Families, Governor's Cabinet on;
12. Children's Health Insurance Program, West Virginia
Department of Administration;
13. Chiropractic, West Virginia Board of;
14. Coal Mine Health and Safety, Board of, and Coal Mine
Safety Technical Review Committee, West Virginia Bureau of
Commerce;
15. Commodities and Services from the Handicapped, Committee
for the Purchase of
16. Community Corrections Act, Governor's Committee on Crime,
Delinquency and Correction, Division of Criminal Justice Services,
West Virginia Department of Military Affairs and Public Safety;
17. Consumer Advocate Division, West Virginia Public Service
Commission;
18. Consumer Protection and Antitrust Divisions, West
Virginia Attorney General's Office;
19. Corrections, Division of, West Virginia Department of
Military Affairs and Public Safety;
20. Court of Claims, West Virginia;
21. Court of Claims, Crime Victims Compensation Fund, West
Virginia;
22. Dental Examiners, West Virginia Board of;
23. Economic Development Authority, West Virginia;
24. Education and State Employees Grievance Board, West
Virginia;
25. Education, Board of, and Education, Department of, West
Virginia;
26. Examiners in Counseling, West Virginia Board of;
27. Employment Programs, West Virginia Bureau of;
28. Environmental Protection, West Virginia Department of;
29. Equal Employment Opportunity Office, West Virginia;
30. Family Support, Bureau for Behavioral Health and Health
Facilities, West Virginia Department of Health and Human Resources;
31. Fire Marshal, West Virginia State;
32. Forestry, Division of, West Virginia Bureau of Commerce;
33. Funeral Service Examiners, West Virginia Board of;
34. General Administration Fund, West Virginia Division of
Rehabilitation Services;
35. Governor's Youth Advisory Board, West Virginia Human
Rights Commission;
36. Health Care Authority, West Virginia Department of Health
and Human Resources;
37. Holocaust Education Commission, West Virginia Department
of Education and the Arts;
38. Housing Development Fund, West Virginia;
39. Human Rights Commission, State of West Virginia;
40. Interstate Pest Control Compact, State of West Virginia
Department of Agriculture;
41. Investment Management Board, West Virginia;
42. Juvenile Justice Subcommittee, Governor's Committee on
Crime, Delinquency and Correction, Division of Criminal Justice
Services, West Virginia Department of Military Affairs and Public
Safety;
43. Juvenile Services, Division of, West Virginia Department
of Military Affairs and Public Safety;
44. Labor, Division of, West Virginia Bureau of Commerce;
45. Land Surveyors, West Virginia State Board of Examiners
of;
46. Law-Enforcement Training Subcommittee, Governor's
Committee on Crime, Delinquency and Correction, Division of
Criminal Justice Services, West Virginia Department of Military
Affairs and Public Safety;
47. Library Commission, West Virginia;
48. Licensed Practical Nurses, West Virginia State Board of
Examiners for;
49. Long-term Care, Office of Health Facility Licensure and
Certification, Department of Health and Human Resources;
50. Massage Therapy, West Virginia Licensure Board of;
51. Medicine, West Virginia Board of (Volumes I and II);
52. Mine Inspectors Examining Board, West Virginia;
53. Motor Vehicles, Division of, West Virginia Department of
Transportation;
54. Municipal Bond Commission, West Virginia;
55. Natural Resources, West Virginia Division of;
56. National and Community Service, West Virginia Commission
for;
57. Neighborhood Investment Program, West Virginia
Development Office;
58. Nursing Home Administrators Licensing Board, West
Virginia;
59. Nursing Shortage Study Commission, Board of Examiners for
Registered Professional Nurses, West Virginia;
60. Occupational Therapy, West Virginia Board of;
61. Oil and Gas Inspectors' Examining Board, West Virginia
Department of Environmental Protection;
62. Optometry, West Virginia Board of;
63. Osteopathy, West Virginia Board of;
64. Parole Board, West Virginia Department of Military Affairs and Public Safety;
65. Personnel, Division of, West Virginia Department of
Administration;
66. Physical Therapy, West Virginia Board of;
67. Planning and Development Council, Region VII, West
Virginia;
68. Poison Center, Robert C. Byrd Health Sciences Center,
Charleston;
69. Professional Engineers, West Virginia State Board of
Registration for;
70. Psychologists, West Virginia Board of Examiners of;
71. Public Defender Services, West Virginia Department of
Administration;
72. Public Service Commission;
73. Purchasing, Division of, West Virginia Department of
Administration;
74. Radiologic Technology Board of Examiners;
75. Real Estate Commission, West Virginia;
76. Registered Professional Nurses, West Virginia Board of
Examiners for;
77. Risk and Insurance Management, Board of, West Virginia
Department of Administration;
78. Senior Services, West Virginia Bureau of;
79. Social Work Examiners, West Virginia Board of;
80. Speech-Language Pathology and Audiology, West Virginia
Board of Examiners for;
81. State Police, West Virginia Department of Military
Affairs and Public Safety;
82. Technology, Governor's Office of;
83. Veterans' Affairs, Division of, West Virginia Department
of Military Affairs and Public Safety;
84. Veterinary Medicine, West Virginia Board of;
85. Water and Waste Managements' Groundwater Program, West
Virginia Department of Environmental Protection;
86. Water Development Authority of West Virginia, Bureau of
Commerce;
87. Workers' Compensation Office of Judges, West Virginia;
88. Workforce Investment Board, Inc., Northern Panhandle;
89. Workforce Investment Division, Development Office, West
Virginia Bureau of Commerce;
Very truly yours,
Bob Wise,
Governor.
Senator Tomblin (Mr. President) laid before the Senate, the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 11, 2004
The Honorable Earl Ray Tomblin
President, Senate of West Virginia
State Capitol
Charleston, West Virginia
Dear President Tomblin:
While I do not feel a compelling need for this legislation,
after much consideration I have decided to sign Enrolled Committee
Substitute for Senate Bill No. 209 into law. This bill is somewhat
improved over similar legislation I vetoed last year.
Indeed, because I vetoed similar legislation last year, I
believe it appropriate to explain the modification in this year's
version of the legislation which encouraged me to sign it. I
interpret Enrolled Committee Substitute for Senate Bill No. 209 to
allow the executive branch to enter into an agreement or contract
for an interest in property without prior legislative approval. I
further interpret its provisions to require notice of the terms of
that agreement thirty days prior to consummation of the sale or
lease. Thus, a review by the Legislature may occur after the
executive branch enters into the agreement or contract, but before it actually commences the lease or acquires the property.
In contrast, last year's bill required "prior review" by a
legislative committee before an executive branch agency even
entered an agreement or contract. Instead, this year's bill does
not require prior review, nor authorization, of a contract or
agreement that the executive branch agency has already executed,
thus avoiding interference by the legislative branch with the
prerogatives of the executive branch. For this reason, I do not
believe this would clearly violate the constitutional Separation of
Powers Doctrine.
For the reasons stated above, I have signed Enrolled Committee
Substitute for Senate Bill No. 209 into law.
Very truly yours,
Bob Wise,
Governor.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Dino Zaferatos to address the Senate on behalf of
the Walter Rollins Scholars, Jeremy Farley on behalf of the Judith
A. Herndon Fellowship Program and Laura Scott on behalf of the
Legislative Information Journalism Internship Program.
Upon expiration of the recess, the Senate reconvened and
proceeded to the fifth order of business.
Senator Plymale, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Senate Bill No. 448, Relating to higher education
advisory boards generally.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments to Engrossed Senate Bill No. 448
having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to
the amendments of the House and Senate, striking out everything
after the enacting clause, and agree to the same as follows:
That §18B-1A-8 of the code of West Virginia, 1931, as amended,
be repealed; that §18B-1B-7 of said code be repealed; that
§18B-3C-7 of said code be repealed; that §18B-6-2a, §18B-6-3a,
§18B-6-4a and §18B-6-4b of said code be repealed; that §18-2-1 of
said code be amended and reenacted; that §18B-1-1a, §18B-1-2,
§18B-1-3 and §18B-1-6 of said code be amended and reenacted; that
§18B-1A-2, §18B-1A-3, §18B-1A-4, §18B-1A-5 and §18B-1A-6 of said
code be amended and reenacted; that §18B-1B-1, §18B-1B-2,
§18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-1B-11; that §18B-2A-1 and §18B-2A-4 of
said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-2A-6; that §18B-2B-1,
§18B-2B-2, §18B-2B-3, §18B-2B-4, §18B-2B-5, §18B-2B-6, §18B-2B-7
and §18B-2B-8 of said code be amended and reenacted; that said code
be amended by adding thereto a new section, designated §18B-2B-6a;
that §18B-2C-3 and §18B-2C-4 of said code be amended and reenacted;
that §18B-3C-2, §18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6,
§18B-3C-8, §18B-3C-9, §18B-3C-10 and §18B-3C-12 of said code be
amended and reenacted; that §18B-4-1, §18B-4-2 and §18B-4-7 of said
code be amended and reenacted; that §18B-5-4 of said code be
amended and reenacted; that §18B-6-1 and §18B-6-1a of said code be
amended and reenacted; that said code be amended by adding thereto
five new sections, designated §18B-6-2, §18B-6-3, §18B-6-4,
§18B-6-5 and §18B-6-6; that §18B-7-1 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-7-12; that §18B-9-1 and §18B-9-2 of said
code be amended and reenacted; that §18B-10-2 of said code be
amended and reenacted; and that said code be amended by adding
thereto a new section, designated §18B-10-1b, all to read as
follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-1. Creation; composition; appointment, qualifications, terms
and removal of members; offices.
There shall be is a state board of education, to be known as
the West Virginia board of education, which shall be is a
corporation and as such may contract and be contracted with, plead
and be impleaded, sue and be sued, and have and use a common seal.
The state board shall consist consists of twelve members, of whom
one shall be is the state superintendent of schools, ex officio;
one of whom shall be is the chancellor of the board of trustees
higher education policy commission, ex officio; and one of whom
shall be is the chancellor of the board of directors West Virginia
council for community and technical college education, ex officio,
none of whom shall be is entitled to vote. The other nine members
shall be are citizens of the state, appointed by the governor, by
and with the advice and consent of the Senate, for overlapping
terms of nine years. except that the original appointments shall
be for terms of one, two, three, four, five, six, seven, eight and
nine years, respectively. Terms of office shall begin on the fifth
day of November of the appropriate year and end on the fourth day
of November of the appropriate year. At least two, but not more
than three, members shall be are appointed from each congressional
district.
No more than five of the appointive members shall may belong
to the same political party, and no person shall be is eligible for
appointment to membership on the state board who is a member of any political party executive committee or holds any other public
office or public employment under the federal government or under
the government of this state or any of its political subdivisions,
or who is an appointee or employee of the board. Members shall be
are eligible for reappointment. Any vacancy on the board shall be
filled by the governor by appointment for the unexpired term.
Notwithstanding the provisions of section four, article six,
chapter six of this code, no a member of the state board may not 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 by the governor of
state elective officers.
Before exercising any authority or performing any duties as a
member of the state board, 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, the
certificate whereof shall be filed with the secretary of state. A
suitable office in the state department of education at the state
capitol shall be provided for the use of use by the state board.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1a. Goals for post-secondary education.
(a) Findings. -- The Legislature finds that post-secondary education is vital to the future of West Virginia. For the state
to realize its considerable potential in the twenty-first century,
it must have a system for the delivery of post-secondary education
which is competitive in the changing national and global
environment, is affordable within the fiscal constraints of the
state and for the state's residents to participate and has the
capacity to deliver the programs and services necessary to meet
regional and statewide needs.
(1) West Virginia leads a national trend toward an aging
population wherein a declining percentage of working-age adults
will be expected to support a growing percentage of retirees.
Public school enrollments statewide have declined and will continue
to do so for the foreseeable future with a few notable exceptions
in growing areas of the state. As the state works to expand and
diversify its economy, it is vitally important that young people
entering the work force from our education systems have the
knowledge and skills to succeed in the economy of the twenty-first
century. It is equally important, however, that working-age adults
who are the large majority of the current and potential work force
also possess the requisite knowledge and skills and the ability to
continue learning throughout their lifetimes. The reality for West
Virginia is that its future rests not only on how well its youth
are educated, but also on how well it educates its entire population of any age.
(2) Post-secondary education is changing throughout the
nation. Place-bound adults, employers and communities are
demanding education and student services that are accessible at any
time, at any place and at any pace. Institutions are seizing the
opportunity to provide academic content and support services on a
global scale by designing new courseware, increasing information
technology-based delivery, increasing access to library and other
information resources and developing new methods to assess student
competency rather than "seat time" as the basis for recognizing
learning, allocating resources and ensuring accountability. In
this changing environment, the state must take into account the
continuing decline in the public school-age population, the limits
of its fiscal resources and the imperative need to serve the
educational needs of working-age adults. West Virginia cannot
afford to finance quality higher education systems that aspire to
offer a full array of programs while competing among themselves for
a dwindling pool of traditional applicants. The competitive
position of the state and its institutions will depend
fundamentally on its capacity to reinforce the quality and
differentiation of its institutions through policies that encourage
focus and collaboration.
(3) The current accountability system is exceptionally complicated and largely defines accountability in terms of
institutional procedures. It also is not The accountability
system in West Virginia must be well equipped to address
cross-cutting issues such as regional economic and work force
development, community and technical college services,
collaboration with the public schools to improve quality and
student participation rates, access to graduate education and other
broad issues of state interest. Severe fiscal constraints require
West Virginia to make maximum use of existing assets to meet new
demands. New investments must be targeted to those initiatives
designed to enhance and reorient existing capacity, provide
incentives for collaboration and focus on the new demands. It must
have a single accountability point for developing, building
consensus around and sustaining attention to the public policy
agenda and for allocating resources consistent with this policy
agenda.
(4) The state should make the best use of the expertise that
private institutions of higher education can offer and recognize
the importance of their contributions to the economic, social and
cultural well-being of their communities.
(5) The system of public higher education should be open and
accessible to all persons, including persons with disabilities and
other persons with special needs.
(b) Compact with higher education. -- In pursuance of these
findings, it is the intent of the Legislature to engage higher
education in a statewide compact for the future of West Virginia,
as provided in article one-a of this chapter, that focuses on a
public policy agenda that includes, but is not limited to, the
following:
(1) Diversifying and expanding the economy of the state;
(2) Increasing the competitiveness of the state's work force
and the availability of professional expertise by increasing the
number of college degrees produced to the level of the national
average and significantly improving the level of adult functional
literacy; and
(3) Creating a system of higher education that is equipped to
succeed at producing these results.
(c) Elements of the compact with higher education. -- It is
the intent of the Legislature that the compact with higher
education include the following elements:
(1) A step-by-step process, as provided in articles one-b and
three-c of this chapter, which will enable the state to achieve its
public policy agenda through a system of higher education equipped
to assist in producing the needed results. This process includes,
but is not limited to, separate institutional compacts with state
institutions of higher education that describe changes in institutional missions in the areas of research, graduate
education, admission standards, community and technical college
education and geographical areas of responsibility to accomplish
the following:
(A) A capacity within higher education to conduct research to
enhance West Virginia in the eyes of the larger economic and
educational community and to provide a basis for West Virginia's
improved capacity to compete in the new economy through research
oriented to state needs;
(B) Access to stable and continuing graduate-level programs in
every region of the state, particularly in teacher education
related to teaching within a subject area to improve teacher
quality;
(C) Universities, and colleges and community and technical
colleges that have focused missions, their own individual points of
distinction and quality and strong links with the educational,
economic and social revitalization of their regions and the state
of West Virginia;
(D) Greater access and capacity to deliver technical
education, work force development and other higher education
services to place-bound adults, thus improving the general levels
of post-secondary educational attainment and literacy;
(E) Independently accredited community and technical colleges in every region of the state to the extent possible that:
(i) Assess regional needs;
(ii) Ensure access to comprehensive community and technical
college and work force development services within each of their
respective regions;
(iii) Convene and act serve as a catalyst for local action in
collaboration with regional leaders, employers and other
educational institutions;
(iv) Provide and, as necessary, broker educational services;
(v) Provide necessary student services;
(vi) Fulfill such other aspects of the community and technical
college mission and general provisions for community and technical
colleges as provided for in article three-c of this chapter; and
(vii) Make maximum Maximize use of existing infrastructure and
resources within their regions to increase access, including, but
not limited to, vocational technical centers, schools, libraries,
industrial parks and work sites.
(2) Providing additional resources, subject to availability
and appropriation by the Legislature, as provided in article one-a
of this chapter, to make the state institutions of higher education
more competitive with their peers, to assist them in accomplishing
the elements of the public policy agenda and to ensure the
continuity of academic programs and services to students.
(3) Establishing a process for the allocation of additional
resources which focuses on achieving the elements of the public
policy agenda and streamlines accountability for the step-by-step
progress toward achieving these elements within a reasonable time
frame as provided in article one-a of this chapter.
(4) Providing additional flexibility to the state institutions
of higher education by making permanent the exceptions granted to
higher education relating to travel rules and vehicles pursuant to
sections forty-eight through fifty-three, inclusive, article three,
chapter five-a of this code and section eleven, article three,
chapter twelve of this code.
(5) Revising the higher education governance structure to make
it more responsive to state and regional needs.
(d) General goals for post-secondary education. -- In
pursuance of the findings and the development of institutional
compacts with higher education for the future of West Virginia
pursuant to article one-a of this chapter, it is the intent of the
Legislature to establish general goals for post-secondary education
and to have the commission and council report the progress toward
achieving these goals in the higher education report card required
pursuant to section eight, article one-b of this chapter and, where
applicable, have the goals made a part of the institutional
compacts. The Legislature establishes the general goals as follows:
(1) The overall focus of education is on a lifelong process
which is to be as seamless as possible at all levels and is to
encourage citizens of all ages to increase their knowledge and
skills. Efforts in pursuit of this goal include, but are not
limited to, the following:
(A) Collaboration, coordination and interaction between public
and post-secondary education to:
(i) Improve the quality of public education, particularly with
respect to ensuring that the needs of public schools for teachers
and administrators is are met;
(ii) Inform public school students, their parents and teachers
of the academic preparation that students need to be prepared
adequately to succeed in their selected fields of study and career
plans, including academic career fairs; and
(iii) Improve instructional programs in the public schools so
that the students enrolling in post-secondary education are
adequately prepared;
(B) Collaboration, coordination and interaction between among
public and post-secondary education, the governor's council on
literacy and the governor's work force investment office to promote
the effective and efficient utilization of work force investment
and other funds to:
(i) Provide to individuals and employers greatly improved
access to information and services for individuals and employers on
education and training programs, financial assistance, labor
markets and job placement;
(ii) Increase awareness among the state's citizens of the
opportunities available to them to improve their basic literacy,
work force and post-secondary skills and credentials; and
(iii) Help improve their Improve citizens' motivation to take
advantage of available opportunities by making the system more
seamless and user friendly;
(C) Collaboration, coordination and interaction between public
and post-secondary education on the development of seamless
curriculum in technical preparation programs of study between the
secondary and post-secondary levels; and
(D) Opportunities for advanced high school students to obtain
college credit prior to high school graduation.
(2) The number of degrees produced per capita by West Virginia
institutions of higher education is at the national average.
Efforts in pursuit of this goal include, but are not limited to,
the following:
(A) Collaboration, coordination and interaction between public
and post-secondary education, the governor's council on literacy
and the governor's work force investment office to promote to individuals of all ages the benefits of increased post-secondary
educational attainment;
(B) Assistance in overcoming the financial barriers to
post-secondary education for both traditional and nontraditional
students;
(C) An environment within post-secondary education that is
student-friendly and that encourages and assists students in the
completion of degree requirements within a reasonable time frame.
The environment also should expand participation for the
increasingly diverse student population;
(D) A spirit of entrepreneurship and flexibility within
post-secondary education that is responsive to the needs of the
current work force and other nontraditional students for upgrading
and retraining college-level skills; and
(E) The expanded use of technology for instructional delivery
and distance learning.
(3) All West Virginians, whether traditional or nontraditional
students, displaced workers or those currently employed, have
access to post-secondary educational opportunities through their
community and technical colleges, colleges and universities which:
(A) Are relevant and affordable;
(B) Allow them to gain transferrable credits and associate or
higher level degrees;
(C) Provide quality technical education and skill training;
and
(D) Are responsive to business, industry, labor and community
needs.
(4) State institutions of higher education prepare students to
practice good citizenship and to compete in a global economy in
which good jobs require an advanced level of education and skill
which far surpasses former requirements. Efforts in pursuit of
this goal include, but are not limited to, the following:
(A) The development of entrepreneurial skills through programs
such as the rural entrepreneurship through action learning (REAL)
program, which include practical experience in market analysis,
business plan development and operations;
(B) Elements of citizenship development are included across
the curriculum in core areas, including practical applications such
as community service, civic involvement and participation in
charitable organizations and in the many opportunities for the
responsible exercise of citizenship that higher education
institutions provide;
(C) Students are provided opportunities for internships,
externships, work study and other methods to increase their
knowledge and skills through practical application in a work
environment;
(D) College graduates meet or exceed national and
international standards for skill levels in reading, oral and
written communications, mathematics, critical thinking, science and
technology, research and human relations;
(E) College graduates meet or exceed national and
international standards for performance in their fields through
national accreditation of programs and through outcomes assessment
of graduates; and
(F) Admission and exit standards for students, professional
staff development, program assessment and evaluation and other
incentives are used to improve teaching and learning.
(5) State institutions of higher education exceed peer
institutions in other states in measures of institutional
productivity and administrative efficiency. Efforts in pursuit of
this goal include, but are not limited to:
(A) The establishment of systematic ongoing mechanisms for
each state institution of higher education to set goals, to measure
the extent to which those goals are met and to use the results of
quantitative evaluation processes to improve institutional
effectiveness;
(B) The combination and use of resources, technology and
faculty to their maximum potential in a way that makes West
Virginia higher education more productive than its peer institutions in other states while maintaining educational quality;
and
(C) The use of systemic program review to determine how much
duplication is necessary to maintain geographic access and to
eliminate unnecessary duplication.
(6) Post-secondary education enhances state efforts to
diversify and expand the economy of the state. Efforts in pursuit
of this goal include, but are not limited to, the following:
(A) The focus of resources on programs and courses which offer
the greatest opportunities for students and the greatest
opportunity for job creation and retention in the state;
(B) The focus of resources on programs supportive of West
Virginia employment opportunities and the emerging high-technology
industries;
(C) Closer linkages among higher education and business,
labor, government and community and economic development
organizations; and
(D) Clarification of institutional missions and shifting of
resources to programs which meet the current and future work force
needs of the state.
(7) Faculty and administrators are compensated on a
competitive level at a level competitive with peer institutions to
attract and keep quality personnel at state institutions of higher education.
(8) The tuition and fee levels for in-state students are
competitive with those of peer institutions and the tuition and fee
levels for out-of-state students are set at a level which at the
least covers the full cost of instruction.
§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 and eastern West
Virginia community and technical college which shall may 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 deliver community and technical
college education. This definition includes southern West Virginia
community and technical college, West Virginia northern community
and technical college, eastern West Virginia community and technical
college, New River community and technical college, West Virginia
university at Parkersburg, the community and technical college at
West Virginia university institute of technology, the community and
technical college of Shepherd, Fairmont state community and
technical college, Marshall community and technical college and West
Virginia state community and technical college;
(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 for higher education" means the chief executive
officer of the higher education policy commission employed pursuant
to section five, article one-b of this chapter;
(k) "Chancellor for community and technical college education"
means the chief executive officer of the West Virginia council for
community and technical college education employed pursuant to
section three, article two-b of this chapter;
_____(l) "Chancellor" means the chancellor for higher education
where the context refers to a function of the higher education
policy commission. "Chancellor" means chancellor for community and
technical college education where the context refers to a function
of the West Virginia council for community and technical college
education;
_____(k) (m) "Institutional operating budget" or "operating budget"
means for any fiscal year means an institution's total unrestricted
education and general funding from all sources in a the 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 or council based on comparisons with peer
institutions or to reflect consistent components of peer operating
budgets;
(l) (n) "Post-secondary vocational "Community and technical
college education program" means any college-level course or program
beyond the high school level provided through an a public
institution of higher education under the jurisdiction of a
governing board which results resulting in or which may result in
the awarding of a two-year associate degree award including an
associate of arts, an associate of science and an associate of
applied science; certificate programs and skill sets; developmental
education; continuing education; collegiate credit and noncredit
work force development programs; and transfer and baccalaureate
parallel programs. All such programs are under the jurisdiction of
the council. Any reference to "post-secondary vocational education
programs" means community and technical college education programs
as defined in this subsection;
_____(m) (o) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(n) (p) 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 by the commission with the advice and consent of the council 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) (q) "State college" means Bluefield state college, Concord
college, Fairmont state college, Glenville state college, Shepherd
college, West Liberty state college or West Virginia state college;
(p) (r) "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) (s) "Regional Until the first day of July, two thousand
five, "regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university and
West Virginia university institute of technology;
(r) (t) The advisory board previously appointed for the West
Virginia graduate college shall be is known as the "board of
visitors" and shall provide guidance to the Marshall university
graduate college;
(s) (u) "Institutional compact" means a the compact between the
commission or council and a state institution of higher education
and the commission under its jurisdiction, as described in section
two, article one-a of this chapter;
(t) (v) "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) (w) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter;
(v) (x) "Sponsoring institution" means the a 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) (y) "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) (z) "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 at that 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.
(aa) "Council" means the West Virginia council for community
and technical college education created pursuant to article two-b
of this chapter.
§18B-1-3. Transfer of powers, duties, property, obligations, etc.
(a) All powers, duties and authorities transferred to the board
of regents pursuant to former provisions of chapter eighteen of this
code and transferred to the board of trustees and board of directors
which were created as the governing boards pursuant to the former
provisions of this chapter and all powers, duties and authorities
of the board of trustees and board of directors, to the extent they
are in effect on the seventeenth day of June, two thousand, are
hereby transferred to the interim governing board created in article
one-c of this chapter and shall be exercised and performed by the
interim governing board until the first day of July, two thousand
one, as such powers, duties and authorities may apply to the
institutions under its jurisdiction.
(b) Title to all property previously transferred to or vested
in the board of trustees and the board of directors and property
vested in either of the boards separately, formerly existing under
the provisions of this chapter, are hereby transferred to the
interim governing board created in article one-c of this chapter
until the first day of July, two thousand one. Property transferred to or vested in the board of trustees and board of directors shall
include:
(1) All property vested in the board of governors of West
Virginia university and transferred to and vested in the West
Virginia board of regents;
(2) All property acquired in the name of the state board of
control or the West Virginia board of education and used by or for
the state colleges and universities and transferred to and vested
in the West Virginia board of regents;
(3) All property acquired in the name of the state commission
on higher education and transferred to and vested in the West
Virginia board of regents; and
(4) All property acquired in the name of the board of regents
and transferred to and vested in the respective board of trustees
and board of directors.
(c) Each valid agreement and obligation previously transferred
to or vested in the board of trustees and board of directors
formerly existing under the provisions of this chapter is hereby
transferred to the interim governing board until the first day of
July, two thousand one, as those agreements and obligations may
apply to the institutions under its jurisdiction. Valid agreements
and obligations transferred to the board of trustees and board of
directors shall include:
(1) Each valid agreement and obligation of the board of
governors of West Virginia university transferred to and deemed the
agreement and obligation of the West Virginia board of regents;
(2) Each valid agreement and obligation of the state board of
education with respect to the state colleges and universities
transferred to and deemed the agreement and obligation of the West
Virginia board of regents;
(3) Each valid agreement and obligation of the state commission
on higher education transferred to and deemed the agreement and
obligation of the West Virginia board of regents; and
(4) Each valid agreement and obligation of the board of regents
transferred to and deemed the agreement and obligation of the
respective board of trustees and board of directors.
(d) All orders, resolutions and rules adopted or promulgated
by the respective board of trustees and board of directors and in
effect immediately prior to the first day of July, two thousand, are
hereby transferred to the interim governing board until the first
day of July, two thousand one, and shall continue in effect and
shall be deemed the orders, resolutions and rules of the interim
governing board until rescinded, revised, altered or amended by the
commission or the governing boards in the manner and to the extent
authorized and permitted by law. Such orders, resolutions and rules
shall include:
(1) Those adopted or promulgated by the board of governors of
West Virginia university and in effect immediately prior to the
first day of July, one thousand nine hundred sixty-nine, unless and
until rescinded, revised, altered or amended by the board of regents
in the manner and to the extent authorized and permitted by law;
(2) Those respecting state colleges and universities adopted
or promulgated by the West Virginia board of education and in effect
immediately prior to the first day of July, one thousand nine
hundred sixty-nine, unless and until rescinded, revised, altered or
amended by the board of regents in the manner and to the extent
authorized and permitted by law;
(3) Those adopted or promulgated by the state commission on
higher education and in effect immediately prior to the first day
of July, one thousand nine hundred sixty-nine, unless and until
rescinded, revised, altered or amended by the board of regents in
the manner and to the extent authorized and permitted by law; and
(4) Those adopted or promulgated by the board of regents prior
to the first day of July, one thousand nine hundred eighty-nine,
unless and until rescinded, revised, altered or amended by the
respective board of trustees or board of directors in the manner and
to the extent authorized and permitted by law.
(e) Title to all real property transferred to or vested in the
interim governing board pursuant to this section of the code is hereby transferred to the commission effective the first day of
July, two thousand one. The board of governors for each institution
may request that the commission transfer title to the board of
governors of any real property specifically identifiable with that
institution or the commission may initiate the transfer. Any such
request must be made within two years of the effective date of this
section and be accompanied by an adequate legal description of the
property.
The title to any real property that is jointly utilized by
institutions or for statewide programs under the jurisdiction of the
commission shall be retained by the commission.
(f) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the interim governing
board or the previous governing boards on behalf of an institution
is hereby transferred to the board of governors of that institution
effective the first day of July, two thousand one.
(g) Each valid agreement and obligation previously transferred
or vested in the interim governing board and which was undertaken
or agreed to on behalf of an institution or institutions is hereby
transferred to the board of governors of the institution or
institutions for whose benefit the agreement was entered into or the
obligation undertaken effective the first day of July, two thousand
one.
(1) The obligations contained in revenue bonds issued by the
previous governing boards under the provisions of section eight,
article ten of this chapter and article twelve-b, chapter eighteen
of this code are hereby transferred to the commission and each
institution shall transfer to the commission those funds the
commission determines are necessary to pay that institution's share
of bonded indebtedness.
(2) The obligations contained in revenue bonds issued on behalf
of a state institution of higher education pursuant to any other
section of this code is hereby transferred to the board of governors
of the institution on whose behalf the bonds were issued.
(h) All orders, resolutions, policies and rules:
(1) Adopted or promulgated by the respective board of trustees,
board of directors or interim governing board and in effect
immediately prior to the first day of July, two thousand one, are
hereby transferred to the commission effective the first day of
July, two thousand one, and shall continue in effect until
rescinded, revised, altered, or amended or transferred to the
governing boards by the commission as set out provided in this
section and in section six of this article.
_____(2) Adopted or promulgated by the commission relating solely
to community and technical colleges or community and technical
college education, or rules which the council finds necessary for the exercise of its lawful powers and duties pursuant to the
provisions of this chapter, may be adopted by the council, and
continue in effect until rescinded, revised, altered, amended or
transferred to the governing boards under the jurisdiction of the
council pursuant to section six of this article. Nothing in this
section requires the initial rules of the commission that are
adopted by the council to be promulgated again under the procedure
set forth in article three-a, chapter twenty-nine-a of this code
unless such rules are rescinded, revised, altered or amended.
_____(3) Adopted or promulgated by the commission relating to
multiple types of public institutions of higher education or
community and technical college education as well as baccalaureate
and post-baccalaureate education are transferred to the council in
part as follows:
_____(A) That portion of the rule relating solely to community and
technical colleges or community and technical college education is
transferred to the council and continues in effect until rescinded,
revised, altered, amended or transferred to the governing boards by
the council as provided in this section and in section six of this
article;
_____(B) That portion of the rule relating to institutions or
education other than community and technical colleges is retained
by the commission and continues in effect until rescinded, revised, altered, amended or transferred to the governing boards by the
commission as provided in this section and in section six of this
article.
(i) The commission may, in its sole discretion, transfer any
rule, other than a legislative rule, to the jurisdiction of the
governing boards of the institutions under its jurisdiction who may
rescind, revise, alter or amend any rule so transferred pursuant to
rules adopted by the commission pursuant to section six of this
article.
The council may, in its sole discretion, transfer any rule,
other than a legislative rule, to the jurisdiction of the governing
boards of the institutions under its jurisdiction who may rescind,
revise, alter or amend any rule so transferred pursuant to rules
adopted by the council pursuant to section six of this article.
(j) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question, the matter shall be summarized in
writing and sent to the commission which shall make a determination
regarding such matter within thirty days of receipt thereof.
(k) Rules or provisions of law which refer to other provisions
of law which were repealed, rendered inoperative or superseded by
the provisions of this section shall remain in full force and effect
to such extent as may still be applicable to higher education and may be so interpreted. Such references include, but are not limited
to, references to sections and prior enactments of article
twenty-six, chapter eighteen of this code and code provisions
relating to retirement, health insurance, grievance procedures,
purchasing, student loans and savings plans. Any determination
which needs to be made regarding applicability of any provision of
law shall first be made by the commission.
§18B-1-6. Rulemaking.
(a) Effective the first day of July, two thousand one The
commission is hereby empowered to promulgate, adopt, amend or repeal
rules, in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code, subject to the provisions of section
three of this article.
(b) The council is hereby empowered to promulgate, adopt, amend
or repeal rules, in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code and subject to the
provisions of section three of this article. This grant of
rulemaking power extends only to those areas over which the council
has been granted specific authority and jurisdiction by law.
_____(b) (c) The commission and council each shall promulgate a rule
to guide the development and approval of rules, guidelines and other
policy statements made by the their respective governing boards.
The rule rules promulgated by the commission and council shall include, but is are not limited to, the following provisions:
(1) A procedure to ensure that public notice is given and that
the right of interested parties to have a fair and adequate
opportunity to respond is protected;
(2) Designation of a single location where all proposed and
approved rules, guidelines and other policy statements can be
accessed by the public;
(3) A procedure to maximize internet access to all proposed and
approved rules, guidelines and other policy statements to the extent
technically and financially feasible.
(c) (d) On and after the effective date of this section, and
notwithstanding any other provision of this code to the contrary,
no any rule heretofore required by law to be promulgated as a
legislative rule prior to the first day of July, two thousand one,
may not be considered to be a legislative rule for the purposes of
article three-a, chapter twenty-nine-a of this code, except for the
following:
(1) The legislative rule required by subsection (c), section
eight of this article;
(2) The legislative rule required by section eight-a of this
article;
(3) The legislative rule required by section two, article one-a
of this chapter;
(4) The legislative rule required by section four, article
one-b of this chapter;
(5) The legislative rule required by section one, article
three, chapter eighteen-c of this code;
(6) The legislative rule required by section one, article four,
chapter eighteen-c of this code;
(7) The legislative rule required by section seven, article
five, chapter eighteen-c of this code; and
(8) The legislative rule required by section one, article six,
chapter eighteen-c of this code.
(d) On or after the effective date of this section and before
the first day of October, two thousand one, notwithstanding any
other provision of this code to the contrary, any rule heretofore
promulgated as a legislative rule which was not required
specifically by law to be promulgated as a legislative rule, or any
rule previously required to be a legislative rule by statute but
reclassified by subsection (c) of this section, may be reclassified
by the commission either as an interpretive rule or as a procedural
rule. The commission shall notify in writing the legislative
oversight commission on education accountability of such
reclassification and shall file such notice with the office of the
secretary of state to be published in the state register.
(e) Nothing in this section may be construed to require requires that any rule reclassified or transferred under this
section be promulgated again under the procedures set out in article
three-a, chapter twenty-nine-a of this code unless the rule is
amended or modified.
(f) The commission shall cause a copy of and council each shall
file with the legislative oversight commission on education
accountability any rule it proposes to promulgate, adopt, amend or
repeal under the authority of this article. to be filed with the
legislative oversight commission on education accountability created
in said article three-a, chapter twenty-nine-a of this code
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST
VIRGINIA.
§18B-1A-2. Institutional compacts with state institutions of
higher education; establishment and review process.
(a) Each institution of higher education state college and
university shall prepare an institutional compact for submission to
the commission. Each community and technical college shall prepare
an institutional compact for submission to the council. When the
process herein provided is completed, the institutional compacts
shall form the agreements between the institutions of higher
education and the commission or council, respectively, and,
ultimately, between the institutions of higher education and the
people of West Virginia on how the institutions will use their resources to address the intent of the Legislature and the goals set
forth in section one-a, article one of this chapter. The compacts
shall contain the following:
(1) A step-by-step process to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter as organized by the commission and council. The
step-by-step process shall be delineated by objectives and shall set
forth a time line for achieving the objectives which shall, where
applicable, include benchmarks to measure institutional progress as
defined in subsection (e) of this section.
(2) A determination of the mission of the institution which
specifically addresses changes, as applicable, in the areas of
research, graduate education, baccalaureate education, revised
admission requirements, community and technical colleges and such
other areas as the commission or council determines appropriate.
In the determination of mission, the institutions and the commission
or council shall consider the report completed by the national
center for higher education management systems pursuant to the
legislative study as provided in section seven, article three of
this chapter;
(3) A plan which is calculated to make any changes in
institutional mission and structure within a six-year period;
(4) A statement of the geographic areas of responsibility, where applicable, for each goal to be accomplished as provided in
subsection (d) of this section;
(5) A detailed statement of how the compact is aligned with and
will be implemented in conjunction with the master plan of the
institution;
(6) Such other items, requirements or initiatives, required by
the commission or council, designed to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter or other public policy goals established by the
commission or council.
(b) Each institutional compact shall be updated annually and
shall follow the same general guidelines contained in subsection (a)
of this section.
(c) Development and updating of the institutional compacts
shall be is subject to the following:
(1) The ultimate responsibility for developing and updating the
institutional compacts at the institutional level resides with the
institutional board of advisors or the board of governors, as
appropriate;
(2) The ultimate responsibility for developing and adopting the
final version of the state college and university institutional
compacts resides with the commission. The ultimate responsibility
for developing and adopting the final version of the community and technical college institutional compacts resides with the council;
(3) The initial institutional compacts shall be submitted to
the commission by the institutions on or before the first day of
February, two thousand one. The first annual updates shall be
submitted on or before the fifteenth day of November, two thousand
one, and succeeding updates shall be submitted on the fifteenth day
of November of each year thereafter
(3) Each institution shall submit its compact to the commission
or council annually by the fifteenth day of November;
(4) The commission and council shall review the initial
institutional compacts and the annual updates and either shall adopt
the institutional each compact of the institutions under their
respective jurisdictions and either adopt the compact or return it
with specific comments for change or improvement. The commission
and council shall continue this process as long as it each considers
advisable;
(5) By the first day of May of each year annually, if the
institutional compact of any institution as presented by that
institution is not adopted by the commission or council, then the
commission or council is empowered and directed to develop and adopt
the institutional compact for the institution and the institution
shall be is bound by the compact so adopted; and
(6) As far as practicable, the commission and council each shall as far as practicable, establish uniform processes and forms
for the development and submission of the institutional compacts by
the institutions under their respective jurisdictions. As a part
of this function, the commission and council shall organize the
statements of legislative intent and goals contained in section
one-a, article one of this chapter in a manner that facilitates the
purposes of this subdivision and the purposes of this section.
(d) The commission and council shall assign geographic areas
of responsibility to the state institutions of higher education
under their respective jurisdictions as a part of their
institutional compacts to ensure that all areas of the state are
provided necessary programs and services to achieve the public
policy agenda. The benchmarks established in the institutional
compacts shall include measures of programs and services by
geographic area throughout the assigned geographic area of
responsibility.
(e) The compacts shall contain benchmarks used to determine
progress toward meeting the goals established in the compacts. The
benchmarks shall meet the following criteria:
(1) They shall be as objective as possible;
(2) They shall be directly linked to the goals in the compacts;
(3) They shall be measured by the indicators described in
subsection (f) of this section; and
(4) Where applicable, they shall be used to measure progress
in geographic areas of responsibility.
(f) The commission and council each shall establish by
legislative rule indicators which measure the degree to which the
goals and objectives set forth in section one-a, article one of this
chapter are being addressed and met by the institutions under their
respective jurisdictions. The benchmarks established in subsection
(e) of this section shall be measured by the indicators.
(1) The Legislature finds that an emergency exists; and
therefore, the commission shall file as an emergency rule the rule
pertaining to benchmarks and indicators that was filed with the
office of the secretary of state on the twenty-sixth day of
December, two thousand. The commission shall file a legislative
rule in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code to replace the emergency rule no later
than the first day of November, two thousand one. not later than the
first day of October, two thousand four, the council shall file as
an emergency rule a legislative rule pertaining to benchmarks and
indicators in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code. The rule pertaining to
benchmarks and indicators in effect for the commission at the time
of the effective date of this section remains in effect for the
institutions under its jurisdiction.
(2) The legislative rule rules shall set forth at the least the
following as pertains to all state institutions of higher education:
(A) The indicators to be used to measure the degree to which
the goals and objectives are being met;
(B) Uniform definitions for the various data elements to be
used in establishing the indicators;
(C) Guidelines for the collection and reporting of data; and
(D) Sufficient detail within the benchmarks and indicators to:
(i) Provide measurable evidence that the pursuits of the
institution are targeting the educational needs of the citizens of
the state and the components of the compacts and master plans;
(ii) Delineate the goals and benchmarks for an institution so
that the commission or council can precisely measure the degree to
which progress is being made toward achieving the goals for
post-secondary education provided in section one-a, article one of
this chapter; and
(iii) Distinctly identify specific goals within the master plan
or compact of an institution that are not being met or toward which
sufficient progress is not being made.
(3) In addition to any other requirement, the legislative rule
established by the council shall set forth at the least the
following as pertains to community and technical college education:
(A) Benchmarks and indicators which are targeted to identify:
(i) The degree to which progress is being made by institutions
toward meeting the goals for post-secondary education and the
essential conditions provided in section three, article three-c of
this chapter;
(ii) Information and data necessary to be considered by the
policy commission council in making the determination required by
section three, article two-c of this chapter;
(iii) The degree to which progress is being made in the areas
considered by the commission council for the purpose of making the
determination required by section three, article two-c of this
chapter; and
(B) Sufficient detail within the benchmarks and indicators to
provide clear evidence to support an objective determination by the
commission council that an institution's progress toward achieving
the goals for post-secondary education and the essential conditions
is so deficient that implementation of the provisions of section
four, article two-c of this chapter is warranted and necessary.
(g) The commission or the council, as appropriate, shall
approve the master plans developed by the boards of governors and
the institutional boards of advisors pursuant to section four,
article two-a of this chapter and or section one, article six of
this chapter, as appropriate.
§18B-1A-3. Peer institutions.
(a) The commission shall select not fewer than ten peer
institutions for each state institution of higher education in West
Virginia, including, but not limited to, independently accredited
community and technical colleges.
(b) When selecting peers, the commission shall abide by the
following conditions:
_____(1) The peer institutions shall be selected from among
institutions throughout the United States and not solely from the
states that are members of the southern regional education board.
(2) The peer institutions for community and technical colleges
shall be selected in collaboration with the council.
_____(c) (3) The peer institutions, as selected by the commission,
shall be used as benchmarks for comparison purposes only and are not
intended to reflect funding goals for West Virginia institutions of
higher education. Such a use is inappropriate since institutions
selected as peers for a state institution may be located in an area
of high per capita income or have their funding subject to other
factors that make its use unrealistic for setting funding goals in
West Virginia. The peer institutions shall be used for comparison
in the following areas:
(1) (A) To determine adjustments to base operating budgets as
described in section five of this article;
(2) (B) To determine comparable levels of tuition;
(3) (C) To determine comparable faculty and staff teaching
requirements and other workloads; and
(4) (D) For such other purposes as the law may require or the
commission may find useful or necessary.
(d) (4) The commission shall contract with a national,
independent education consulting firm to assist in the unbiased
selection of peer institutions for each West Virginia institution.
(5) The commission shall select peer institutions for each
institution through an open, deliberative, objective process and in
consultation with the institutional boards of governors or boards
of advisors, as appropriate, intended to achieve broad understanding
of the basis for this selection in the higher education community
and the Legislature.
(6) Final peer selection is subject to the approval of the
legislative oversight commission on education accountability.
(7) In selecting peer institutions, the commission shall use
criteria such as, but not limited to:
(1) (A) Institutional mission;
(2) (B) Institutional size related to full-time equivalent
students;
(3) (C) The proportions of full-time and part-time students;
(4) (D) The level of academic programs, including, but not
limited to, number of degrees granted at the associate, baccalaureate, masters, doctoral and first-professional level;
(5) (E) The characteristics of academic programs such as health
sciences, professional, technical or liberal arts and sciences; and
(6) (F) The level of research funding from federal competitive
funding sources.
(e) (8) Subject to the approval of the legislative oversight
commission on education accountability, the commission shall review
and make necessary adjustments to peer institutions at least every
six years or as necessary based on changes in institutional missions
as approved in institutional compacts or in changes at peer
institutions. The commission shall review and make adjustments to
peer institutions for community and technical colleges in
collaboration with the council.
_____(f) (9) Nothing herein may be construed to prevent prevents the
commission from using the same peers or peer groups for more than
one institution of higher education.
§18B-1A-4. Legislative financing goals.
(a) The Legislature recognizes that the higher education goals
set forth in section one-a, article one of this chapter are of
utmost importance. The Legislature further recognizes that meeting
the goals may require the appropriation of funds above the current
operating budgets of the institutions.
(b) It is, therefore, the desire of the Legislature to increase funding annually for higher education at a rate not less than the
annual percentage increase in the overall general revenue budget.
(c) If the commission or council, or both, determines that
appropriations are insufficient to fund the requirements of the
institutional compacts under its jurisdiction, the commission or
council first shall consider extending the length of the compacts
or otherwise modifying the compacts to allow the institutions to
achieve the benchmarks in the compacts. If modifications to the
institutional compacts are not sufficient to allow the institutions
to meet their benchmarks, the commission or council, or both, shall
recommend to the Legislature methods of making the higher education
system more efficient. The methods may include, but are not limited
to, the following:
(1) Administrative efficiencies;
(2) Consolidation of services;
(3) Elimination of programs;
(4) Consolidating institutions; and
(5) Closing institutions.
§18B-1A-5. Financing; institutional operating budgets, additional
funding.
(a) Budget request and appropriations. -- The commission and
council each has the responsibility to develop a budget for the
state system of higher education under its respective jurisdiction. and submit The commission submits a the budget request for higher
education, including the budget request as developed by the council,
to the governor before the first day of September beginning in two
thousand, and for each fiscal year thereafter annually. The The
budget request requests of the commission and the council
specifically shall include the amount of the institutional operating
budgets, as defined in section two, article one of this chapter,
required for all state institutions of higher education under their
respective jurisdictions. The budget appropriation for the state
system systems of higher education under this chapter and other
provisions of the law shall consist of separate control accounts or
institutional control accounts, or some combination of such
accounts, for appropriation of institutional operating budgets and
other funds. The commission and council each is responsible for
allocating state appropriations to supplement institutional
operating budgets in accordance with this section. In addition to
the institutional operating budget and incentive funding, however,
the commission and council each is responsible for allocating funds
that are appropriated to it for other purposes. Provided, That in
In order to determine institutional allocations, it is the
responsibility of the institutions and their respective
institutional boards of governors or advisors, as appropriate to
provide to the commission or council documentation on institutional progress toward mission enhancement, preliminary peer comparison
calculations, performance of increased productivity and academic
quality and measurable attainment in fulfilling state priorities as
set forth in this article. The documentation shall be provided to
the commission or council no later than the first day of October
annually. each year for commission review and verification.
(b) Legislative funding priorities. --
(1) The Legislature recognizes the current resource allocation
funding model has not moved all state institutions equitably towards
comparable peer funding levels. This formula The model has left
West Virginia institutions at a competitive disadvantage to their
national peers.
(2) The Legislature acknowledges that the resource allocation
model used to comply with Enrolled Committee Substitute for Senate
Bill No. 547, passed during the legislative session of one thousand
nine hundred ninety-five, alleviated some of the disparity that
exists among state institutions' operating budgets, but left
significant differences between the institutions and their national
peers.
(3) The Legislature recognizes that a system of
independently-accredited community and technical colleges is
essential to the economic vitality of the state.
(4) The Legislature places great importance on achieving the priority goals outlined in the public policy agenda and believes the
state institutions of higher education should play a vital role in
facilitating the attainment of these goals.
(5) The Legislature also believes it is imperative that the
state make progress on narrowing the peer inequity while balancing
the need for sustaining the quality of our institutions.
(6) It is the charge of the commission and council to allocate
all funds appropriated in excess of the fiscal year two thousand one
general revenue appropriations in alignment with the legislative
funding priorities listed below. The commission and council shall
consider the priorities and assign a percentage of the total
appropriation of new funds to each priority.
(A) Peer equity. -- Funds appropriated for this purpose
increase the level of the institutional operating budget for state
institutions of higher education comparable to their peer
institutions. The allocation shall provide, subject to the
availability of funds and legislative appropriations, for a
systematic adjustment of the institutional operating budgets to move
all institutions' funding in the direction of levels comparable with
their peers. Institutional allocations shall be calculated as
follows:
(i) A calculation shall be made of the deficiency in per
student funding of each institution in comparison with the mean per student funding of the peer institutions as defined by the
commission pursuant to section three of this article;
(ii) For all institutions that are deficient in comparison with
peer institutions, the amounts of the deficiencies shall be totaled;
(iii) A ratio of the amount of the deficiency for an
institution divided by the total amounts of deficiency for all West
Virginia institutions shall be established for each institution; and
(iv) The allocation to each institution shall be calculated by
multiplying the ratio by the total amount of money in the account;
(B) Independently accredited community and technical colleges
development. -- Funds appropriated for this purpose will ensure a
smooth transition, where required, from "component" community and
technical colleges to independently accredited community and
technical colleges as defined in section two, article one of this
chapter. Appropriations for this purpose are only to be allocated
only to those institutions having approved compacts with the
commission council that expressly include the transition of their
component community colleges to independently accredited status and
have demonstrated measurable progress towards this goal. By the
first day of July, two thousand seven five, or when all required
community and technical colleges are independently accredited,
whichever first occurs, funds for this purpose shall be allocated
to the incentives for institutional contributions to state priorities; Provided, That if the commission determines that
payments from the account to the institutions should continue beyond
the first day of July, two thousand seven, it shall request an
extension from the Legislature;
(C) Research challenge. -- Funds appropriated for this purpose
shall assist public colleges and universities in West Virginia to
compete on a national and international basis by providing
incentives to increase their capacity to compete successfully for
research funding. The Legislature intends for institutions to
collaborate in the development and execution of research projects
to the extent practicable and to target research to the needs of the
state as established in the public policy agenda and linked to the
future competitiveness of this state.
(i) The commission shall develop criteria for awarding grants
to institutions under this account, which may include, but are not
limited to, the following:
(I) Grants to be used to match externally funded, peer-reviewed
research;
(II) Grants to be used to match funds for strategic
institutional investments in faculty and other resources to increase
research capacity;
(III) Grants to support funding for new research centers and
projects that will foster economic development and work force investment within the state. These grants shall be limited to seven
five years and each research center or project funded shall receive
a decreasing award each year and shall be required to be supported
solely by external funding within seven five years;
(ii) The commission may establish an advisory council
consisting of nationally prominent researchers and scientists,
including representatives from outside the state, to assist in
developing the criteria for awarding grants under this account.
(iii) For the purposes of making the distributions from this
account, the commission shall establish the definition for research,
research funds and any other terms as may be necessary to implement
this subdivision; and
(D) Incentives for institutional contributions to state
priorities. -- Funds appropriated for this purpose provide
incentives to institutions which demonstrate success toward
advancing the goals of the public policy agenda as set forth in
section one-a, article one of this chapter and to provide incentives
for mission enhancement as set forth in section two of this article.
(E) Sustained quality support. -- The commission and council
shall provide additional operating funds to institutions under their
respective jurisdictions with approved compacts. The commission and
council shall allocate these funds on an equal percentage basis to
all institutions. Provided, That the The commission or council may delay distribution of these funds to any institution which does not
demonstrate measurable progress towards the goals provided in its
compact with the commission or council.
(c) Allocations to institutional operating budgets. -- For the
purposes of this subsection, the commission and council each shall
establish by rule pursuant to subsection (f), section two of this
article the method for measuring the progress of each institution
towards meeting the benchmarks of its institutional compact.
(d) Allocation of appropriations to the institutions. --
Appropriations in this section shall be allocated to the state
institutions of higher education in the following manner:
(1) For the fiscal year two thousand two, appropriations above
the fiscal year two thousand two institutional operating budget
shall be allocated only to institutions with approved compacts,
pursuant to this article;
(2) For the fiscal year two thousand three, and each fiscal
year thereafter
(1) Each fiscal year appropriations from the funds shall be
allocated only to institutions with which have:
_____(A) Approved compacts, pursuant to section two of this article;
and which also have achieved
(B) Achieved their annual benchmarks for accomplishing the
goals of their compacts, as approved by the commission or council. Provided, That if
(2) If an institution has not achieved all of its annual
benchmarks, the commission or council may distribute a portion of
the funds to the institution based on its progress as the commission
or council determines appropriate. Provided, however, That the The
commission and council each shall establish by rule, pursuant to
subsection (f), section two of this article, the method for
measuring the progress of each institution toward meeting the
benchmarks of its institutional compact.
(e) Nothing in this section shall be construed in a manner that
limits the appropriation or collection of fees necessary to
effectuate the operation and purpose of the commission or council.
§18B-1A-6. Graduate education.
(a) Intent. -- It is the intent of the Legislature to address
the need for high quality graduate education programs to be
available throughout the state.
(b) Findings. -- The Legislature makes the following findings:
(1) Since West Virginia ranks below its competitor states in
graduate degree production, particularly in the areas that are
important to the state's competitive position in the new economy of
the twenty-first century, there is a considerable need for greater
access to graduate education, especially at the master's degree
level;
(2) There is a significant disparity in access to part-time
graduate degree programs among the different regions of the state
and part-time graduate enrollments are heavily concentrated in the
counties immediately surrounding Marshall university and West
Virginia university;
(3) There is a particular need for increased access to graduate
programs linked directly to the revitalization of the regional
economies of the state; and
(4) There is a particular need for improved quality and
accessibility of pre-service and in-service programs for teachers
in subject matter fields.
(c) In order to meet the need for graduate education, the
commission shall be responsible for accomplishing the following:
(1) Ensuring that West Virginia university and Marshall
university expand access to master's degree programs throughout West
Virginia, with a strong emphasis on collaboration with the
baccalaureate colleges and community and technical colleges in each
region;
(2) Ensuring that any institution providing a master's degree
program under the provisions of this section provides a meaningful,
coherent program by offering courses in such a way that students,
including place-bound adults, have ample opportunity to complete a
degree in a reasonable period of time;
(3) Focusing on providing courses that enhance the professional
skills of teachers in their subject areas; and
(4) Ensuring that programs are offered in the most
cost-effective manner to expand access throughout the region and the
state.
(d) Concord college, Fairmont state college, Glenville state
college, Shepherd college, West Liberty state college and West
Virginia state college shall meet the need for graduate education
in their regions by following the procedures outlined below.
(1) The institutions shall develop as graduate centers for
their regions to broker access to graduate programs by contracting
with accredited colleges and universities in and out of the state.
These programs shall be related directly to each region's education
and economic needs.
(2) The institutions may begin collaborative programs with
other institutions leading to the granting of master's degrees in
selected areas that are demonstrated to be related directly to the
needs of their regions and that draw on faculty strengths. An
institution may continue to offer collaborative programs aimed at
meeting the documented needs with the approval of the commission or,
if a sustained need still exists, the institution may move to the
next level.
(3) If the graduate education needs of the region have not been met through brokering and collaborative programs, the institution
may explore the option of beginning its own graduate-level program
leading to the granting of a master's degree. The institution may
begin its own master's degree program if it can meet the following
conditions as determined by the commission:
(A) Demonstrate that the institution has successfully completed
each of the steps required before exploring development of its own
master's degree program;
(B) Provide evidence based on experience gained in the
brokering and collaborative arrangements that a sustained demand
exists for the program;
(C) Demonstrate that the baccalaureate institution has the
capacity to provide the program;
(D) Demonstrate that the core mission of the baccalaureate
institution will not be impaired by offering the graduate program;
(E) Provide evidence that the graduate program has a reasonable
expectation of being accredited;
(F) Demonstrate that the need documented in subdivision (B) of
this subsection is not currently being met by any other state
institution of higher education; and
(G) The commission may designate one of the institutions listed
in subsection (d) of this section to develop and implement no more
than four of its own masters level programs as a pilot project: Provided, That the selected institution shall move toward and
achieve regional accreditation of the masters program within a
reasonable time as determined by the commission. The institution
shall be selected based on the following:
(i) Sufficient credentialed faculty to offer quality programs
in the areas selected;
(ii) Sufficient unmet demand for the programs; and
(iii) Sustainable unmet demand based on generally accepted
projections for population growth in the region served by the
institution.
The programs authorized by this clause may not be restricted
by the provisions of subdivisions (1), (2) and (3) of this
subsection nor by the provisions of subsection (e) of this section.
(e) There is an urgent need for master's degree programs for
teachers in disciplines or subject areas, such as mathematics,
science, history, literature, foreign languages and the arts.
Currently, master's-level courses in education that are offered in
the regions served by the state universities are primarily in areas
such as guidance and counseling, administration, special education
and other disciplines unrelated to teaching in subject areas. If
this need is not being met in a region through the procedure
established in subsection (d) of this section, then the graduate
center in that region may plan a master's degree program in education focused on teaching in subject area fields in which the
demand is not being met. No institution may begin a graduate
program under the provisions of this section until the program has
been reviewed and approved by the commission. The commission shall
approve only those programs, as authorized by this subsection, that
emphasize serving the needs of teachers and schools in the colleges'
immediate regions. In determining whether a program should be
approved, the commission also shall rely upon the recommendations
of the statewide task force on teacher quality provided for in
section eight, article fourteen of this chapter.
(f) The commission shall review all graduate programs being
offered under the provisions of this section and, using the criteria
established for program startup in subsection (d) of this section,
determine which programs should be discontinued.
(g) At least annually, the governing boards shall evaluate
graduate programs developed pursuant to the provisions of this
section and report to the commission on the following:
(1) The number of programs being offered and the courses
offered within each program;
(2) The disciplines in which programs are being offered;
(3) The locations and times at which courses are offered;
(4) The number of students enrolled in the program; and
(5) The number of students who have obtained master's degrees through each program.
The governing boards shall provide the commission with any
additional information the commission requests in order to make a
determination on the viability of a program.
(h) In developing any graduate program under the provisions of
this section, institutions shall consider delivering courses at
times and places convenient to adult students who are employed full
time. Institutions shall place an emphasis on extended degree
programs, distance learning and off-campus centers which utilize the
cost-effective nature of extending existing university capacity to
serve the state rather than duplicating the core university capacity
and incurring the increased cost of developing master's degree
programs at other institutions throughout the state.
(i) Brokering institutions shall invite proposals from other
public institutions of higher education for service provision prior
to contracting with other institutions: Provided, That if
institutions propose providing graduate programs in service areas
other than in their responsibility district, the institution seeking
to establish a program shall work through the district's lead
institution in providing those services.
(j) In addition to the approval required by the commission,
authorization for any institution to offer a master's degree program
under the provisions of this section is subject to the formal approval processes established by the governing boards.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-1. Higher education policy commission established;
development of public policy agenda.
There is hereby created the "higher education policy
commission", hereinafter referred to as the "commission". which is
responsible for developing, gaining consensus around and overseeing
the implementation of a public policy agenda It is the intent of the
Legislature that the commission be responsible to develop, gain
consensus around and oversee the public policy agenda for higher
education and other statewide issues pursuant to section one-a,
article one of this chapter under the following conditions:
_____(a) It is the responsibility of the commission to work
collaboratively with the council to develop and gain consensus
around the public policy agenda for community and technical
colleges;
_____(b) It is the responsibility of the council to oversee the
implementation of the public policy agenda for the institutions
under its jurisdiction.
_____It is the intent of the Legislature that the commission be and
council jointly are responsible for development and articulation of
the public policy agenda for higher education and other statewide
issues pursuant to section one-a, article one of this chapter.
(c) All matters of governance not specifically assigned to the
commission or council by law are the duty and responsibility of the
governing board or boards.
§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 ten 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,
ex officio. One is the chair of the West Virginia council for
community and technical college education who is an ex officio,
nonvoting member. 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.
(b) The other seven members of the commission shall be are
citizens of the state, appointed by the governor, by and with the advice and consent of the Senate. Provided, That prior 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 said
section.
(c) The governor may not appoint any person to be a member of
the commission who is an officer, employee or member of the council
or 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, the
council or any governing board. Of the members appointed by the
governor from the public at large, no more than four thereof shall may 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) (d) The terms of the members appointed by the governor
shall be are 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) (e) 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 Any member appointed to
fill a vacancy serves for the unexpired term of the vacating member.
The governor shall fill the vacancy within thirty days of the
occurrence of the vacancy.
(g) (f) No A member appointed by the governor shall be eligible
to may not serve more than two consecutive terms.
(h) (g) 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) (h) No A member of the commission appointed by the governor
may not 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.
§18B-1B-4. Powers and duties of higher education policy
commission.
(a) The primary responsibility of the commission is to develop,
establish and implement policy that will achieve the goals and
objectives found in section one-a, article one of this chapter. The
commission shall exercise its authority and carry out its
responsibilities in a manner that is consistent and not in conflict
with the powers and duties assigned by law to the West Virginia
council for community and technical college education. To that end,
the commission has the following powers and duties relating to the
institutions under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda
pursuant to section one, article one-a of this chapter to address major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of this
chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section ten nine of this article for the purpose of
accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation jointly
with the council of a financing policy for higher education in West
Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
and
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
_____(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the West Virginia council for community and technical
college education pursuant to the provisions of section six, article two-b of this chapter;
(3) Create In collaboration with the council, create a policy
leadership structure capable of the following actions:
(A) Developing, building public consensus around and sustaining
attention to a long-range public policy agenda. In developing the
agenda, the commission and council shall seek input from the
Legislature and the governor and specifically from the state board
of education and local school districts in order to create the
necessary linkages to assure smooth, effective and seamless movement
of students through the public education and post-secondary
education systems and to ensure that the needs of public school
courses and programs can be fulfilled by the graduates produced and
the programs offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education system systems as a whole accountable for accomplishing
their missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Review the progress of community and technical colleges in every region of West Virginia; such review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the step-by-step
implementation required in article three-c of this chapter;
(7) (6) Serve as the accountability point for to:
(A) The governor for implementation of the public policy
agenda; and for
(B) The Legislature by maintaining a close working relationship
with the legislative leadership and the legislative oversight
commission on education accountability;
(8) (7) Promulgate Jointly with the council, promulgate
legislative rules pursuant to article three-a, chapter twenty-nine-a
of this code to fulfill the purposes of section five, article one-a
of this chapter;
(9) (8) Establish and implement a peer group for each public
institution of higher education in the state as described in section
three, article one-a of this chapter;
(10) (9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions pursuant to
section two, article one-a of this chapter;
(11) In January, two thousand one, and annually thereafter
(10) Annually report to the Legislature and to the legislative oversight commission on education accountability during the January
interim meetings on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of the its system of higher education
during the previous fiscal year, including, but not limited to,
progress in meeting goals stated in the compacts and progress of the
institutions and the higher education system as a whole in meeting
the goals and objectives set forth in section one-a, article one of
this chapter;
(B) An analysis of enrollment data collected pursuant to
subsection (i) section one, article ten of this chapter and
recommendations for any changes necessary to assure access to
high-quality, high-demand education programs for West Virginia
residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (12) (11) of this subsection and the
justification for such priority;
(E) (D) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) (11) Establish a formal process for identifying needs for capital investments and for determining priorities for these
investments. It is the responsibility of the commission to assure
a fair distribution of funds for capital projects between the
commission and the council. To that end the commission shall take
the following steps:
_____(A) Receive the list of priorities developed by the council for
capital investment for the institutions under the council's
jurisdiction pursuant to subsection (b), section six, article two-b
of this chapter;
_____(B) Place the ranked list of projects on the agenda for action
within sixty days of the date on which the list was received;
_____(C) Select a minimum of three projects from the list submitted
by the council to be included on the ranked list established by the
commission. At least one of the three projects selected must come
from the top two priorities established by the council.
_____(13) On or before the first day of October, two thousand,
develop, establish and implement
(12) Maintain guidelines for institutions to follow concerning
extensive capital projects. The guidelines shall provide a process
for developing capital projects, including, but not limited to, the
notification by an institution to the commission of any proposed
capital project which has the potential to exceed one million
dollars in cost. No such project may Such a project may not be pursued by an institution without the approval of the commission.
An institution may not nor may an institution participate directly
or indirectly with any public or private entity in any capital
project which has the potential to exceed one million dollars in
cost;
(14) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
(15) (13) Acquire legal services as are considered necessary,
including representation of the commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the commission may, but is not
required to, call upon the attorney general for legal assistance and
representation as provided by law;
(16) (14) Employ a chancellor for higher education pursuant to
section five of this article;
(17) (15) Employ other staff as necessary and appropriate to
carry out the duties and responsibilities of the commission and the
council, in accordance with the provisions of article four of this
chapter;
_____(18) (16) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(19) Conduct a study of the faculty tenure system as
administered by the governing boards with specific attention to the
role of community service and other criteria for achieving tenured
status. The commission shall make a report of its findings and
recommendations to the legislative oversight commission on education
accountability by the first day of July, two thousand one;
(20) (17) Advise and consent in the appointment of the
presidents of the institutions of higher education under its
jurisdiction pursuant to section six of this article. The role of
the commission in approving an institutional president is to assure
through personal interview that the person selected understands and
is committed to achieving the goals and objectives as set forth in
the institutional compact and in section one-a, article one of this
chapter;
(21) (18) Approve the total compensation package from all
sources for institutional presidents of institutions under its
jurisdiction, as proposed by the governing boards. The governing
boards must obtain approval from the commission of the total
compensation package both when institutional presidents are employed
initially and afterward when any change is made in the amount of the
total compensation package;
(22) (19) Establish and implement the policy of the state to
assure that parents and students have sufficient information at the
earliest possible age on which to base academic decisions about what
is required for students to be successful in college, other
post-secondary education and careers related, as far as possible,
to results from current assessment tools in use in West Virginia;
(23) (20) Approve and implement a uniform standard, as
developed by the chancellor, jointly with the council to determine
which students shall be placed in remedial or developmental courses.
The standard shall be aligned with college admission tests and
assessment tools used in West Virginia and shall be applied
uniformly by the governing boards throughout the public higher
education system. The chancellor chancellors shall develop a clear,
concise explanation of the standard which the governing boards they
shall communicate to the state board of education and the state
superintendent of schools;
(24) (21) Review and approve or disapprove capital projects as
described in subdivision (12) (11) of this subsection;
(25) (22) Develop Jointly with the council, develop and
implement an oversight plan to manage system-wide technology such
as the following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality educational offerings with minimum duplication of effort; and
(B) increase Increasing the delivery of instruction to
nontraditional students, to provide services to business and
industry and increase the management capabilities of the higher
education system; and
(B) Reviewing courses and programs offered electronically
within the state by nonstate public or private institutions of
higher education,
(26) (23) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements
for a bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to
incur additional costs as is consistent with sound academic policy;
(27) (24) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements
for a degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(28) (25) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements
for a master's degree the maximum number of credits earned at any regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(29) (26) Establish and implement policies and programs, in
cooperation with the council and the institutions of higher
education, through which students who have gained knowledge and
skills through employment, participation in education and training
at vocational schools or other education institutions, or
internet-based education programs, may demonstrate by
competency-based assessment that they have the necessary knowledge
and skills to be granted academic credit or advanced placement
standing toward the requirements of an associate degree or a
bachelor's degree at a state institution of higher education;
(30) (27) Seek out and attend regional, national and
international meetings and forums on education and work force
development-related topics, as in the commission's discretion is
critical for the performance of their duties as members, for the
purpose of keeping abreast of education trends and policies to aid
it in developing the policies for this state to meet the established
education goals and objectives pursuant to section one-a, article
one of this chapter;
(31) (28) Develop, establish and implement guidelines for
higher education governing boards and institutions to follow when considering capital projects. The guidelines shall include, but not
be limited to, the following:
(A) That the governing boards and institutions not approve or
promote projects that give competitive advantage to new private
sector projects over existing West Virginia businesses, unless the
commission determines such private sector projects are in the best
interest of the students, the institution and the community to be
served; and
(B) That the governing boards and institutions not approve or
promote projects involving private sector businesses which would
have the effect of reducing property taxes on existing properties
or avoiding, in whole or in part, the full amount of taxes which
would be due on newly developed or future properties;
The commission shall determine whether the guidelines developed
pursuant to this subdivision should apply to any project which a
governing board and institution allege to have been planned on or
before the seventeenth day of June, two thousand. In making the
determination, the commission shall be guided by the best interests
of the students, the institution and the community to be served
(32) Certify to the Legislature, on or before the first day of
February, two thousand one, the priority funding percentages and
other information needed to complete the allocation of funds in
section five, article one-a of this chapter;
(33) (29) Consider and submit to the appropriate agencies of
the executive and legislative branches of state government a single
budget for higher education that reflects recommended appropriations
Provided, That on the first day of January, two thousand one, and
annually thereafter the from the commission and the institutions
under its jurisdiction. The commission shall submit as part of its
budget proposal the separate recommended appropriations it received
from the council both for the council and the institutions under the
council's jurisdiction. The commission annually shall submit the
proposed institutional allocations based on each institution's
progress toward meeting the goals of its institutional compact;
(34) Initiate a full review and analysis of all student fees
charged by state institutions of higher education and make
recommendations to the legislative oversight commission on education
accountability no later than the second day of January, two thousand
two. The final report shall contain findings of fact and
recommendations for proposed legislation to condense, simplify and
streamline the fee schedule and the use of fees or other money
collected by state institutions of higher education;
(35) (30) The commission has the authority to assess
institutions under its jurisdiction for the payment of expenses of
the commission or for the funding of statewide higher education
services, obligations or initiatives related to the goals set forth for the provision of public higher education in the state;
(36) (31) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(37) (32) Make appointments to boards and commissions where
this code requires appointments from the state college system board
of directors or the university of West Virginia system board of
trustees which were abolished effective the thirtieth day of June,
two thousand, except in those cases where the required appointment
has a specific and direct connection to the provision of community
and technical college education, the appointment shall be made by
the council. Notwithstanding any provisions of this code to the
contrary, the commission or the council may appoint one of its own
members or any other citizen of the state as its designee. The
commission and council shall appoint the total number of persons in
the aggregate required to be appointed by these previous governing
boards;
(38) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section are
hereby transferred to the commission and shall continue in effect until rescinded, revised, altered or amended by the commission;
(39) Examine and determine the feasibility of recommendations
contained in the Implementation Board Report presented to the
commission in January, two thousand one, and, at the discretion of
the commission, create the advantage valley community college
network to enhance provision of community and technical college
education in the responsibility areas of Marshall university, West
Virginia state college and West Virginia university institute of
technology;
(40) (33) Pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code and section six, article one of
this chapter, promulgate rules as necessary or expedient to fulfill
the purposes of this chapter. The commission may and the council
shall promulgate a new uniform joint legislative rule for the
purpose of standardizing, as much as possible, the administration
of personnel matters among the institutions of higher education;
(41) (34) Determine when a joint rule among the governing
boards of the institutions under its jurisdiction is necessary or
required by law and, in those instances and in consultation with the
governing boards, promulgate the joint rule;
(35) Implement a policy jointly with the council whereby course
credit earned at a community and technical college transfers for
program credit at any other state institution of higher education and is not limited to fulfilling a general education requirement;
and
_____(42) (36) Promulgate a joint rule with the council establishing
tuition and fee policy for all institutions of higher education.
The rule shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the commission considers and council
consider appropriate. and
(43) Develop a method for the council, or members thereof, to
participate in the selection of administrative heads of the
community and technical colleges.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the commission has the following general powers
and duties related to its role in developing, articulating and
overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission
definitions including use of incentive money funds to influence
institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval for institutions under
its jurisdiction including the use of institutional missions as a
template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes;
(5) Development of budget and allocation of resources,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
(6) Administration of state and federal student aid programs
under the supervision of the vice chancellor for administration,
including promulgation of any rules formerly vested in the previous
governing boards in relation to necessary to administer those
programs;
(7) Acting Serving as the agent to receive and disburse public
funds when a governmental entity requires designation of a statewide
higher education agency for this purpose;
(8) Development, establishment and implementation of
information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Jointly with the council, developing, establishing and
implementing policies for licensing and oversight for both public
and private degree-granting and nondegree-granting institutions that
provide post-secondary education courses or programs in the state
pursuant to the findings and policy recommendations to be determined
as set forth in section eleven of this article;
(10) Development, implementation and oversight of statewide and
regionwide projects and initiatives related to providing
post-secondary education at the baccalaureate level and above such
as those using funds from federal categorical programs or those
using incentive and performance-based funding from any source; and
(11) Quality assurance that intersects with all other duties
of the commission particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information and
accountability systems.
(c) In addition to the powers and duties provided for in
subsections (a) and (b) of this section and any other powers and
duties as may be assigned to it by law, the commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The commission is authorized to withdraw specific powers of any governing board of an institution under its jurisdiction for
a period not to exceed two years if the commission makes a
determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
(4) The period of withdrawal of specific powers may not exceed
two years during which time the commission is authorized to take
steps necessary to reestablish the conditions for restoration of
sound, stable and responsible institutional governance.
(e) Notwithstanding the provisions of section six, article
one-a of this chapter, the commission shall undertake a study of the
most effective and efficient strategies and policies to address the
findings and intent of that section.
(1) The issues addressed by this study shall include, but not
be limited to:
(A) Strategies to ensure access to graduate education;
(B) The development of state colleges as regional graduate
centers with authority to broker access to graduate programs in
their responsibility areas;
(C) The process by which state colleges obtain authorization
to grant graduate degrees;
(D) The relationship of regional graduate centers at state
colleges to graduate programs offered within those regions by state
universities; and
(E) Other issues related to initiatives to meet each region's
need and enhance the quality and competitiveness of graduate
programs offered and/or brokered by West Virginia state colleges and
universities.
(2) The commission shall report the findings of this study
along with the recommendations for legislative actions, if any, to
address these findings and the intent of this section, to the
legislative oversight commission on education accountability by the
first day of January, two thousand one.
§18B-1B-5. Employment of chancellor for higher education; office;
powers and duties generally; employment of vice chancellors.
(a) The commission, created pursuant to section one of this
article, shall employ a chancellor for higher education who shall
be is the chief executive officer of the commission and who shall serve serves at its will and pleasure. The vice chancellor for
administration shall serve as the interim chancellor until a
chancellor is employed.
(b) The commission shall set the qualifications for the
position of chancellor and shall conduct a thorough nationwide
search for qualified candidates. A qualified candidate is one who
meets at least the following criteria:
(1) Possesses an excellent academic and administrative
background;
(2) Demonstrates strong communication skills;
(3) Has significant experience and an established national
reputation as a professional in the field of higher education;
(4) Is free of institutional or regional biases; and
(5) Holds or retains no other administrative position within
the a system of higher education while employed as chancellor.
_____(c) The commission shall conduct written performance
evaluations of the chancellor annually and may offer the chancellor
a contract not to exceed three years. At the end of each contract
period, the commission shall review the evaluations and make a
determination by vote of its members on continuing employment and
compensation level.
_____(d) When filling a vacancy in the position of chancellor, the
commission shall enter into an initial employment contract for one year with the candidate selected. At the end of the initial contract
period, and each contract period thereafter, the commission shall
review the evaluations and make a determination by vote of its
members on continuing employment and compensation level for the
chancellor.
_____(c) (e) The chancellor shall be compensated on a basis in
excess of, but not to exceed twenty percent greater than, the base
salary of any president of a state institution of higher education
or the administrative head of a governing board.
(d) (f) With the approval of the commission, The chancellor
commission may employ a vice chancellor for health sciences who
shall serve serves at the will and pleasure of the chancellor
commission. The vice chancellor for health sciences shall
coordinate the West Virginia university school of medicine, the
Marshall university school of medicine and the West Virginia school
of osteopathic medicine and also shall provide assistance to the
governing boards on matters related to medical education and health
sciences. The vice chancellor for health sciences shall perform all
duties assigned by the chancellor, the commission and state law.
In the case of a vacancy in the office of vice chancellor of health
sciences, the duties assigned to this office by law are the
responsibility of the chancellor or a designee.
(e) With the approval of the commission, the chancellor shall employ a vice chancellor for community and technical college
education and work force development who serves at the will and
pleasure of the chancellor. The duties of this position include
serving as the chief executive officer of the West Virginia council
for community and technical college education created pursuant to
article two-b of this chapter, and such other duties as assigned by
law or by the commission. Any reference in this code to the vice
chancellor for community and technical colleges means the vice
chancellor for community and technical college education and work
force development, which vice chancellor for community and technical
colleges shall become the vice chancellor for community and
technical college education and work force development. It is the
duty and responsibility of the vice chancellor for community and
technical college education and work force development to:
(1) Provide assistance to the commission, the chancellor and
the governing boards on matters related to community and technical
college education;
(2) Advise, assist and consult regularly with the institutional
presidents; institutional boards of governors or boards of advisors,
as appropriate; and district consortia committees of the state
institutions of higher education involved in community and technical
college education; and
(3) Perform all duties assigned by the chancellor, the commission and state law.
(f) With the approval of the commission, the chancellor
(g) With the approval of the The commission the chancellor
shall employ a vice chancellor for administration pursuant to
section two, article four of this chapter.
(g) (h) With the approval of the The commission the chancellor
may employ a vice chancellor for state colleges who shall serve
serves at the will and pleasure of the chancellor commission. It
is the duty and responsibility of the vice chancellor for state
colleges to:
(1) Provide assistance to the commission, the chancellor and
the state colleges on matters related to or of interest and concern
to these institutions;
(2) Advise, assist and consult regularly with the institutional
presidents and institutional boards of governors of each state
college;
(3) Serve as an advocate and spokesperson for the state
colleges to represent them and to make their interests, views and
issues known to the chancellor, the commission and governmental
agencies;
(4) Perform all duties assigned by the chancellor, the
commission and state law.
In addition, the vice chancellor for state colleges has the responsibility and the duty to provide staff assistance to the
institutional presidents and governing boards to the extent
practicable.
(h) Apart from the offices of the vice chancellors as set forth
in this section and section two, article four of this chapter, the
chancellor shall determine the organization and staffing positions
within the office that are necessary to carry out his or her powers
and duties and may employ necessary staff.
(i) On behalf of the commission, the chancellor may enter into
agreements with any state agency or political subdivision of the
state, any state higher education institution or any other person
or entity to enlist staff assistance to implement the powers and
duties assigned by the commission or by state law.
(j) The chancellor shall be is responsible for the day-to-day
daily operations of the commission and shall have has the following
responsibilities relating to the commission and the institutions
under its jurisdiction:
(1) To carry out policy and program directives of the
commission;
(2) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section one-a,
article one of this chapter and in the institutional compacts;
(3) To prepare and submit to the commission for its approval the proposed budget of the commission including the offices of the
chancellor and the vice chancellors;
(4) On and after the first day of July, two thousand one, to
To assist the governing boards in developing rules, subject to the
provisions of section six, article one of this chapter. Provided,
That Nothing in this chapter requires the rules of the governing
boards to be filed pursuant to the rule-making procedures provided
in article three-a, chapter twenty-nine-a of this code. The
chancellor shall be is responsible for ensuring that any policy
which is required to be uniform across the institutions is applied
in a uniform manner;
(5) To perform all other duties and responsibilities assigned
by the commission or by state law.
(k) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities.
(l) The chancellor, is the primary advocate for higher
education and with the commission, advises the Legislature on
matters of higher education in West Virginia. As the primary
advocate for higher education the The chancellor shall work closely
with the legislative oversight commission on education
accountability and with the elected leadership of the state to
ensure that they are fully informed about higher education issues and that the commission fully understands the goals for higher
education that the Legislature has established by law.
(m) The chancellor may design and develop for consideration by
the commission new statewide or regional initiatives in accordance
with the goals set forth in section one-a, article one of this
chapter and the public policy agenda articulated by the commission.
In those instances where the initiatives to be proposed have a
direct and specific impact or connection to community and technical
college education as well as to baccalaureate and graduate
education, the chancellor for higher education and the chancellor
for community and technical college education shall design and
develop the initiatives jointly for consideration by the commission
and the council.
(n) The chancellor shall work closely with members of the state
board of education and with the state superintendent of schools to
assure that the following goals are met:
(1) Development and implementation of a seamless
kindergarten-through-college system of education; and
(2) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
commission and the state board of education, the chancellor shall
serve serves as an ex officio, nonvoting member of the state board
of education.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of
presidents of the public institutions of higher education shall be
made as follows:
(1) Subject to the approval of the commission, the appropriate
governing board of the institution shall appoint appoints a
president for Bluefield state college, Concord college, eastern West
Virginia community and technical college Fairmont state college,
Glenville state college, Marshall university, Shepherd college,
southern West Virginia community and technical college West Liberty
state college, West Virginia northern community and technical
college West Virginia school of osteopathic medicine, West Virginia
state college and West Virginia university.
(2) Subject to the approval of the appropriate governing board
council and to the provisions of article three-c of this chapter,
the president governing board of the appropriate institution shall
appoint West Virginia University appoints the president of the
regional campuses campus known as West Virginia university and of
the community and technical colleges which remain linked
administratively to a sponsoring institution. The presidents of
such regional campuses and community and technical colleges shall
serve at the will and pleasure of the institutional president. The
president of the sponsoring institution shall appoint a president for the administratively linked community and technical college at
the appropriate time as outlined in the institutional compact and
approved by the commission. at Parkersburg. When selecting
candidates for consideration to fill the office of president, the
governing board shall use the search and screening process provided
for in section one, article six of this chapter.
_____Subject to the approval of the commission, the governing board
of West Virginia University appoints the president of the regional
campus known as West Virginia university institute of technology.
The president of each regional campus serves at the will and
pleasure of the appointing governing board.
_____(4) (3) Subject to the approval of the council, the governing
board of the community and technical college shall appoint appoints
a president for eastern West Virginia community and technical
college, southern West Virginia community and technical college and
West Virginia northern community and technical college.
(4) Subject to the approval of the council, the governing board
of the sponsoring institution appoints a president for each
administratively linked community and technical colleges which
shares a physical campus location with the sponsoring institution,
including Fairmont state community and technical college, Marshall
community and technical college, the community and technical college
at West Virginia university institute of technology and West Virginia state community and technical college. The president of
the sponsoring institution shall appoint a president for the
administratively linked community and technical college at the
appropriate time as outlined in the institutional compact and
approved by the commission.
(3) Subject to the approval of the commission and to the
provisions of article three-c of this chapter, the president of the
appropriate institution shall appoint the provost in those cases
where the community and technical college remains as a component of
another institution. The provost shall serve at the will and
pleasure of the president of the employing institution.
(5) Subject to the approval of the council, the governing board
of the community and technical college appoints a president for each
administratively linked community and technical college which does
not share a physical campus location with the sponsoring
institution, including New River community and technical college and
the community and technical college of Shepherd.
_____Subject to the approval of the council, the governing board of
the sponsoring institution appoints a president for each of these
two community and technical colleges until the institution gains
independent accreditation.
(b) Other appointments. -- Appointments of administrative heads
of state institutions of higher education shall be made in accordance with the provisions of subsection (a) of this section
except in the following instances:
(1) Effective the first day of July, two thousand three, the
institutional president shall appoint a provost to be the
administrative head of New River community and technical college;
and
(2) Effective the first day of July, two thousand five, the
institutional president shall appoint a provost to be the
administrative head of the Potomac campus of West Virginia
university.
(c) Evaluation of administrative heads presidents. -- The
appointing governing boards board shall conduct written performance
evaluations of each institution's president except the presidents
of regional campuses shall be evaluated by the president of West
Virginia university. The provosts including the presidents of
administratively linked community and technical colleges. and other
consolidated, merged or administratively linked units. shall be
evaluated by the president of the employing institution.
Evaluations shall be done in every fourth year of employment as
administrative head president, recognizing unique characteristics
of the institution and utilizing institutional personnel,
institutional boards of advisors as appropriate, staff of the
appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing
board. A part of the evaluation shall be a determination of the
success of the institution in meeting the requirements of its
institutional compact.
§18B-1B-11. Study of licensing and oversight of certain
institutions providing post-secondary education.
(a) The commission and the council shall conduct a joint study
of current policies relating to licensing and oversight of both
public and private degree-granting and nondegree-granting entities
providing post-secondary education programs or courses within the
state or from locations outside this state through distance learning
or any technology methods.
(b) The study shall include, but is not limited to, the
following:
(1) The strengths and weaknesses of current state and higher
education policies including a determination of how well the
policies protect consumers and whether such protection should be
expanded;
(2) The appropriate entity within public higher education to
assume licensing and oversight of each type of institution;
(3) The standards to be used for program approval or a method
to develop such standards; and
(4) The requirements for fees and bonding.
The commission and the council shall report their findings,
conclusions and recommendations, together with drafts of any
legislation necessary to effectuate the recommendations, to the
legislative oversight commission on education accountability by the
first day of December, two thousand four.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) Effective the thirtieth day of June, two thousand one, the
institutional boards of advisors at Bluefield state college, Concord
college, eastern West Virginia community and technical college,
Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and
technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and West
Virginia university are abolished.
(b) Effective the first day of July, two thousand one,
(a) A board of governors is established continued at each of
the following institutions: Bluefield state college, Concord
college, eastern West Virginia community and technical college,
Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and West
Virginia university. Each board of governors shall consist of
twelve persons. Provided, That the institutional boards of
governors for Marshall university and West Virginia university shall
consist of fifteen persons.
(b) For the community and technical college of Shepherd and New
River community and technical college the institutional board of
advisors remains in place until the institution achieves independent
accreditation as provided in section eight, article three-c of this
chapter.
_____(1) As long as the institutional board of advisors remains in
place, the chairperson of the board of advisors serves as an ex
officio, voting member of the board of governors of the sponsoring
institution;
_____(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed pursuant
to this section;
_____(3) When a board of governors is established for the community
and technical college:
_____(A) The chairperson of the governing board of the sponsoring institution serves as an ex officio, nonvoting member of the
governing board of the community and technical college board of
governors; and
_____(B) The chairperson of the governing board of the community and
technical college serves as an ex officio, nonvoting member of the
governing board of the sponsoring institution.
_____(4) In making the initial appointments to these boards of
governors, the governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
_____(c) The institutional board of governors for Marshall
university consists of sixteen persons and the institutional board
of governors for West Virginia university consists of seventeen
persons. Each other board of governors consists of twelve persons.
(d) Each board of governors shall include includes the
following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly elected by the classified employees of the respective institution;
and
(4) Nine lay members appointed by the governor by and with the
advice and consent of the Senate pursuant to section one-a, article
six of this chapter. Provided, That For the institutional boards
of governors at Marshall university and West Virginia university,
twelve lay members shall be appointed by the governor by and with
the advice and consent of the Senate pursuant to section one-a,
article six of this chapter: Provided, however, That of the
appointed lay members, the governor shall appoint one superintendent
of a county board of education from the area served by the
institution: Provided further, That in making the initial
appointments to the institutional boards of governors, the governor
shall appoint, except in the case of death, resignation or failure
to be confirmed by the Senate, those persons who are lay members of
the institutional boards of advisors for those institutions named
in subsection (a) on the thirtieth day of June, two thousand one,
and appointed pursuant to section one-a, article six of this
chapter.
(4) For the institutional board of governors at Marshall
university, twelve lay members appointed by the governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the institutional board of advisors of Marshall community and technical college serving as an
ex officio, voting member.
_____(5) For the institutional board of governors at West Virginia
university, twelve lay members appointed by the governor by and with
the advice and consent of the senate pursuant to this section and,
additionally, the chairperson of the institutional board of advisors
of the community and technical college at West Virginia university
institute of technology and West Virginia university at Parkersburg.
_____(6) For each institutional board of governors of an institution
that does not have an administratively linked community and
technical college under its jurisdiction, nine lay members appointed
by the governor, by and with the advice and consent of the Senate,
pursuant to this section.
_____(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
_____(A) Eight lay members appointed by the governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of advisors
of the administratively linked community and technical college; and
_____(B) Of the eight lay members appointed by the governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
_____(c) (e) Of the eight or nine members appointed by the governor,
no more than five may be of the same political party. Provided,
That of Of the twelve members appointed by the governor to the
governing boards of Marshall university and West Virginia
university, no more than seven may be of the same political party.
Of the eight or nine members appointed by the governor, at least six
of the members shall be residents of the state. Provided, however,
That Of the twelve members appointed by the governor to the
governing boards of Marshall university and West Virginia
university, at least eight of the members shall be residents of the
state.
(d) (f) The student member shall serve serves for a term of one
year. The term beginning in July, two thousand one, shall end on
the thirtieth day of June, two thousand two. Thereafter, The term
shall begin Each term begins on the first day of July.
(e) (g) The faculty member shall serve serves for a term of two
years. The term beginning in July, two thousand one, ends on the
thirtieth day of June, two thousand three. Thereafter, the term
shall begin Each term begins on the first day of July. Faculty
members are eligible to succeed themselves for three additional
terms, not to exceed a total of eight consecutive years.
(f) (h) The member representing classified employees shall
serve serves for a term of two years. The term beginning in July, two thousand one, shall end on the thirtieth day of June, two
thousand three. Thereafter, the term shall begin Each term begins
on the first day of July. Members representing classified employees
are eligible to succeed themselves for three additional terms, not
to exceed a total of eight consecutive years.
(g) (i) The appointed lay citizen members shall serve terms of
four years each and shall be are eligible to succeed themselves for
no more than one additional term.
(h) (j) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy in the same manner as the original appointment or
election. Except in the case of a vacancy, all elections shall be
held and all appointments shall be made no later than the thirtieth
day of June preceding the commencement of the term. except the
election of officers for the term beginning in July, two thousand
one shall be made that July Each board of governors shall elect one
of its appointed lay members to be chairperson in June of each year.
No member may A member may not serve as chairperson for more than
two consecutive years.
(i) (k) The appointed members of the institutional boards of
governors shall serve staggered terms of the initial appointments
by the governor to each of the institutional boards of governors,
two shall be appointed for terms of one year, two shall be appointed for terms of two years, two shall be appointed for terms of three
years and three shall be appointed for terms of four years:
Provided, That for the initial appointments to the governing boards
of Marshall university and West Virginia university, three shall be
appointed for terms of one year, three shall be appointed for terms
of two years, three shall be appointed for terms of three years and
three shall be appointed for terms of four years. After the initial
appointments, all appointees shall serve for terms of four years.
(j) No person shall be eligible
(l) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, a member of an institutional board of
advisors of any public institution of higher education, an employee
of any institution of higher education, 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 a member of the council or
commission. Provided, That this subsection shall not be construed
to This subsection does not prevent the representative from the
faculty, classified employees, or students or chairpersons of the boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of an institutional board of
advisors of any public institution of higher education; an employee
of any institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or chairpersons of the boards of advisors from being
members of the governing boards.
_____(k) (m) Before exercising any authority or performing any
duties as a member of a governing board, 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.
(l) (n) No A member of a governing board appointed by the
governor may not 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.
(m) (o) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors shall
serve without compensation, but shall be are reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of their official duties under this article upon
presentation of an itemized sworn statement of their expenses. All
expenses incurred by the board of governors and the institution
under this section shall be are paid from funds allocated to the
institution for that purpose.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institutions of higher education under its jurisdiction;
(b) Develop a master plan for the institutions under its
jurisdiction except the administratively linked community and
technical colleges which retain an institutional board of advisors
shall develop their master plans subject to the provisions of
section one, article six of this chapter. The ultimate responsibility for developing and updating the master plans at the
institutional level resides with the board of governors, or board
of advisors, as applicable, but the ultimate responsibility for
approving the final version of the institutional master plans,
including periodic updates, resides with the commission or council,
as appropriate. Each master plan shall include, but not be limited
to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of the
institution's area of responsibility for a quality system of higher
education are addressed;
(3) Documentation of the involvement of the commission or
council, as appropriate, institutional constituency groups,
clientele of the institution and the general public in the
development of all segments of the institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including the addition or deletion of degree programs as,
in the discretion of the appropriate governing board, may be necessary;
(c) Prescribe for the institutions under its jurisdiction, in
accordance with its master plan and the compact for each
institution, specific functions and responsibilities to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;
(d) Direct the preparation of a budget request for the
institutions under its jurisdiction, such request to relate directly
to missions, goals and projections as found in the institutional
master plans and the institutional compacts;
(e) Consider, revise and submit to the commission or council,
as appropriate, a budget request on behalf of the institutions under
its jurisdiction;
(f) Review, at least every five years, all academic programs
offered at the institutions under its jurisdiction. The review
shall address the viability, adequacy and necessity of the programs
in relation to its institutional master plan, the institutional
compact and the education and work force needs of its responsibility
district. As a part of the review, each governing board shall
require the institutions under its jurisdiction to conduct periodic
studies of its graduates and their employers to determine placement
patterns and the effectiveness of the education experience. Where
appropriate, these studies should coincide with the studies required of many academic disciplines by their accrediting bodies;
(g) The governing boards shall ensure that the sequence and
availability of academic programs and courses offered by the
institutions under their jurisdiction is such that students have the
maximum opportunity to complete programs in the time frame normally
associated with program completion. Each governing board is
responsible to see that the needs of nontraditional college-age
students are appropriately addressed and, to the extent it is
possible for the individual governing board to control, to assure
core course work completed at institutions under its jurisdiction
is transferable to any other state institution of higher education
for credit with the grade earned;
(h) Subject to the provisions of article one-b of this chapter,
the appropriate governing board has the exclusive authority to
approve the teacher education programs offered in the institution
under its control. In order to permit graduates of teacher
education programs to receive a degree from a nationally accredited
program and in order to prevent expensive duplication of program
accreditation, the chancellor commission may select and utilize one
nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation;
(i) Utilize faculty, students and classified employees in
institutional-level planning and decisionmaking when those groups are affected;
(j) Subject to the provisions of federal law and pursuant to
the provisions of article nine of this chapter and to rules adopted
by the commission and the council, administer a system for the
management of personnel matters, including, but not limited to,
personnel classification, compensation and discipline for employees
of at the institutions under their jurisdiction;
(k) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article six-a, chapter
twenty-nine of this code is the exclusive mechanism for hearing
prospective employee grievances and appeals. In construing the
application of said article to grievances of higher education
employees, the following apply:
(1) "Chief administrator" means the president of a state
institution of higher education as to those employees employed by
the institution and the appropriate chancellor as to those employees
employed by the commission or council;
(2) The state division of personnel may not be a party to nor
have any authority regarding a grievance initiated by a higher
education employee; and
(3) The provisions of this section supersede and replace the
grievance procedure set out in article twenty-nine, chapter eighteen of this code for any grievance initiated by a higher education
employee after the first day of July, two thousand one;
(l) Solicit and utilize or expend voluntary support, including
financial contributions and support services, for the institutions
under its jurisdiction;
(m) Appoint a president or other administrative head for the
institutions under its jurisdiction subject to the provisions of
section six, article one-b of this chapter;
(n) Conduct written performance evaluations of each
institution's the president pursuant to section six, article one-b
of this chapter;
_____(o) Employ all faculty and staff at the institution under its
jurisdiction. Such employees operate under the supervision of the
president, but are employees of the governing board;
_____(o) (p) Submit to the commission or council, as appropriate,
no later than the first day of November of each year an annual
report of the performance of the institutions institution under its
jurisdiction during the previous fiscal year as compared to stated
goals in its master plan and institutional compact;
(p) (q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the public institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal, the
boards are permitted to share resources among the various groups in
the community;
(q) (r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this
chapter;
(r) (s) Delegate, with prescribed standards and limitations,
the part of its power and control over the business affairs of a
particular institution under its jurisdiction to the president or
other administrative head of the institution to the president in any
case where it considers the delegation necessary and prudent in
order to enable the institution to function in a proper and
expeditious manner and to meet the requirements of its institutional
compact. If a governing board elects to delegate any of its power
and control under the provisions of this subsection, it shall notify
the appropriate chancellor. Any such delegation of power and
control may be rescinded by the appropriate governing board or the
chancellor at any time, in whole or in part;
(s) (t) Unless changed by the chancellor commission or the
council, as appropriate, the governing boards shall continue to
abide by existing rules setting forth standards for acceptance of
advanced placement credit for their respective institutions. Individual departments at institutions of higher education may, upon
approval of the institutional faculty senate, require higher scores
on the advanced placement test than scores designated by the
appropriate governing board when the credit is to be used toward
meeting a requirement of the core curriculum for a major in that
department;
(t) (u) Each governing board, or its designee, shall consult,
cooperate and work with the state treasurer and the state auditor
to update as necessary and maintain an efficient and cost-effective
system for the financial management and expenditure of special
revenue and appropriated state funds at the institutions under its
jurisdiction that ensures that properly submitted requests for
payment be paid on or before due date but, in any event, within
fifteen days of receipt in the state auditor's office;
(u) (v) The governing boards in consultation with the
appropriate chancellor and the secretary of the department of
administration shall develop, update as necessary and maintain a
plan to administer a consistent method of conducting personnel
transactions, including, but not limited to, hiring, dismissal,
promotions and transfers at the institutions under their
jurisdiction. Each such personnel transaction shall be accompanied
by the appropriate standardized system or forms which will be
submitted to the respective governing board and the department of finance and administration;
(v) (w) Notwithstanding any other provision of this code to the
contrary, the governing boards may transfer funds from any account
specifically appropriated for their use to any corresponding line
item in a general revenue account at any agency or institution under
their jurisdiction as long as such transferred funds are used for
the purposes appropriated. The governing boards may transfer funds
from appropriated special revenue accounts for capital improvements
under their jurisdiction to special revenue accounts at agencies or
institutions under their jurisdiction as long as such transferred
funds are used for the purposes appropriated; and
(w) (x) Notwithstanding any other provision of this code to the
contrary, the governing boards may acquire legal services as are
considered necessary, including representation of the governing
boards, their institutions, employees and officers before any court
or administrative body. The counsel may be employed either on a
salaried basis or on a reasonable fee basis. In addition, the
governing boards may, but are not required to, call upon the
attorney general for legal assistance and representation as provided
by law; and
_____(y) Each governing board which has under its jurisdiction an
administratively linked community and technical college or a
regional campus offering community and technical college education programs shall create within the administrative structure of its
governing board a subcommittee for community and technical college
education. The subcommittee shall have at least four members, one
of whom is the chairperson of the board of advisors of the community
and technical college or, in the case of the governing board of West
Virginia university, both the member representing the community and
technical college and the member representing the regional campus;
§18B-2A-6. University status for public baccalaureate institutions
of higher education.
(a) The purpose of this section is to redesignate certain
existing public baccalaureate institutions as universities and to
provide a mechanism for other public baccalaureate institutions to
become universities. The change in name is based on each
institution's ability to meet minimum standards developed and
adopted by the commission.
(b) Each governing board of a public baccalaureate institution
is authorized to make changes which would further its eligibility
to attain university status:
(1) If the college meets the eligibility requirements
established by the commission to attain university status and if the
commission grants university status, then the governing board shall
determine the effective date on which the public baccalaureate
institution becomes a university; and
(2) On and after the effective date designated by the governing
board, the baccalaureate institution shall be designated a
university.
(c) Concord college, Fairmont state college, Shepherd college
and West Virginia state college, having met the eligibility
requirements established by the commission to attain university
status, are hereby designated as universities on the effective date
of this section.
(d) An institution may not request or seek additional state
appropriations as a result of the redesignation provided for in this
section. No consequences, including the need to meet future
accreditation requirements in order to maintain university status,
which arise as a result of designating an existing state college as
a university, provide sufficient justification for an institution
to request or in any way seek additional state funds.
(e) Notwithstanding any provision of this code to the contrary,
Marshall university and West Virginia university are, and remain,
the only research and doctoral degree-granting public institutions
of higher education in this state.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-1. Legislative findings; intent; purpose.
(a) The Legislature hereby finds that:
(1) The goals, objectives and purposes contained in Enrolled
Senate Bill No. 653, passed during the two thousand regular
legislative session, in two thousand reflected the research findings
available to the Legislature at the time; since then, however,
additional research indicates that, while Enrolled Senate Bill No.
653 moves in the appropriate direction of independent accreditation
and meeting essential conditions for public community and technical
colleges, the legislation does not take the final steps that are
considered to be necessary by independent researchers. This position
is clearly demonstrated by the recent research findings and
recommendations cited below:
(A) "West Virginia: A Vision Shared! Economic Development: A
Plan for West Virginia's Future", hereinafter cited in this article
and article two-c of this chapter as the Market Street Report, is
a research document commissioned by the West Virginia council for
community and economic development to assess the economic
competitiveness of the state. The report makes a number of findings
and recommendations important to public community and technical
college education:
(i) The state needs to adopt and implement a specific focus on
technical education; in particular, it needs to move away from the
traditionally isolated and limited vocational programming towards
a systematic approach of teaching technical skills that employers need today;
(ii) The state needs to establish a strong technical education
system that is separate from the university system and is responsive
to the needs of business throughout the state;
(iii) The state needs to establish as a high-level priority the
training and retraining of its working-age adults to help them
acquire and maintain the competitive skills they need to succeed in
today's economy; and
(iv) The state needs to emphasize the role of lifelong learning
as a critical piece of its overall education and training system if
the state is to make the transition to the new economy.
(B) The Report to the Legislative Oversight Commission on
Education Accountability, hereinafter cited in this article and
article two-c as the McClenney Report, is a study required by
provisions of Enrolled Senate Bill No. 653 and conducted by Dr. Kay
McClenney. The research found that:
(i) The participation rate in West Virginia community and
technical college education is substantially lower than will be
necessary if the state is to achieve its goals for economic
development and prosperity for its citizens;
(ii) The low visibility of the component community and
technical colleges effectively restricts access for the West
Virginians who most need encouragement to participate in post-secondary education and training;
(iii) It is not clear that the parent institutions of the
component community colleges actually embrace the community college
mission;
(iv) The community and technical college developmental
education programs are under serving by far the evident needs of the
population, especially as that service relates to nontraditional
students;
(v) Adults over age twenty-five are under represented in the
community and technical college student populations;
(vi) Technical education program development and enrollment are
not at the levels necessary to serve the needs of the state;
(vii) Independent accreditation and the essential conditions
required by Enrolled Senate Bill No. 653 are necessary, but not
sufficient alone to provide a strong enough tool to accomplish the
state's goal to strengthen community and technical college
education;
(viii) The community and technical college will not be able to
operate optimally until they move out of the shadow of their
"parent" institutions, with the flexibility and autonomy to
establish a uniquely community college identity, culture, program
mix, outreach capacity and approach to teaching and learning;
_____(ix) The development of stronger support mechanisms for the community and technical colleges should be an extension of the
ongoing step-by-step process for achieving the goals for post
secondary education in the state;
_____(x) Building on the foundations laid in Enrolled Committee
Substitute for Senate Bill No. 547 and Enrolled Senate Bill No. 653,
the Legislature should now establish the further systemic and policy
supports that are needed for the community and technical college to
thrive, perform and meet state goals;
_____(xi) Implementation will necessarily be incremental;
_____(xii) The consistent focus at the state level should be on the
statewide mission of raising educational attainment, increasing
adult literacy, promoting workforce and economic development and
ensuring access to advanced education for the citizens of West
Virginia;
_____(xiii) The solution must ensure a high degree of flexibility
and autonomy at the local level, preserving the ability of community
and technical colleges to respond rapidly and effectively to local
needs;
_____(xiv) At the same time, there is serious and recognized need
for statewide leadership, coordination and support for the work of
the community and technical colleges and the advocacy for the public
priorities that these institutions are charged to address;
and therefore
(viii) (xv) The state needs to create a community college
support capacity at the state level that will bring leadership,
coordination, technical support, advocacy and critical mass to a
statewide network of local community and technical college campuses.
(C) The Report and Recommendations of the Implementation Board
to the West Virginia Higher Education Policy Commission, hereinafter
cited in this article and article two-c of this chapter as the
Implementation Board Report, is a study required by Enrolled Senate
Bill No. 653 to determine the most effective and efficient method
to deliver community and technical college services in the former
responsibility areas of Marshall university, West Virginia state
college and West Virginia university institute of technology. The
Implementation Board Report states its goals and vision for
community and technical college education in the advantage valley
region as one of a dynamic, vital and vibrant community college
network which offers:
(i) Affordable, quality training and education to students;
(ii) Represents a recognized path of choice to success in the
knowledge economy for thousands of West Virginians; and
(iii) Provides West Virginia businesses with the highly skilled
work force necessary to meet their evolving needs in the global
knowledge economy.
(D) In furtherance of their goals, the Implementation Board Report recommended formation of the advantage valley community
college network:
(i) To enhance economic development through coordinated
leadership and a delivery system for education and training
initiatives;
(ii) To provide accountability through a separate compact and
through independent accreditation of each of the affected community
and technical colleges; and
(iii) To enhance education opportunities for the citizens of
the area and assist in overcoming the barrier of accessibility in
higher education.
(b) Based on the recent research cited above, the Legislature
further finds that:
(1) The recommendations of the Market Street Report clearly
point out the shortcomings of the state's current approach to
providing post-secondary education and programs and show the
consequences of failing to change appropriately;
(2) The research, findings, vision and goals set forth in the
McClenney Report and the Implementation Board Report are noteworthy
and, although written, in part, to address specific institutions,
have broad application statewide for community and technical
colleges;
(3) The research shows that:
(A) A need exists to enhance community and technical college
education in West Virginia through the delivery of services that
meet the goals of this chapter and that are delivered pursuant to
the process for meeting the essential conditions established in
section three, article three-c of this chapter;
(B) A need exists for statewide leadership, coordination and
support for the work of the community and technical colleges and for
advocacy for the public priorities these institutions are charged
to address;
(C) Community and technical colleges need to be efficient,
avoiding duplication and the burden of bureaucracy while recognizing
fiscal realities;
(D) Community and technical colleges need a high degree of
flexibility and local autonomy to preserve and expand their ability
to respond rapidly and effectively to local or regional needs;
(E) Community and technical colleges need state-level support
and leadership that recognize differences among regions of the state
and among institutions and accept the reality that institutions are
at different stages in their development and have different
challenges and capabilities;
(F) Clear benchmarks and regular monitoring are required to
assess the progress of community and technical colleges toward
meeting the established goals and for meeting the essential conditions, including independent accreditation, established in this
chapter;
(G) Implementation will necessarily be incremental;
(4) Certain acts to streamline accountability, to make maximum
use of existing assets to meet new demands and target funding to
initiatives designed to enhance and reorient existing capacity and
to provide incentives for brokering and collaboration require that
the role of the joint commission for vocational-technical-
occupational education be reexamined.
(c) Legislative intent. -- The intent of the Legislature in
enacting this article is to address the research findings cited
above by reconstituting the joint commission for vocational-
technical-occupational education as the West Virginia council for
community and technical college education in order to reorient the
mission, role and responsibilities consistent with and supportive
of the mission, role and responsibilities of the commission, the
goals for post-secondary education and accountability for assisting
the public community and technical colleges, branches, centers,
regional centers and other delivery sites with a community and
technical college mission in achieving the state's public policy
agenda.
(d) Purpose. -- The purpose of this article is to provide for
the development of a leadership and support mechanism for the community and technical colleges, branches, centers, regional
centers and other delivery sites with a community and technical
college mission to assist them in meeting the essential conditions
and in the step-by-step implementation process for achieving the
goals for community and technical college education as provided for
in article three-c of this chapter and to promote coordination and
collaboration among secondary and post-secondary vocational-
technical-occupational and adult basic education programs as
provided for in this chapter and chapter eighteen of this code. The
focus of this leadership and support mechanism is to encourage
development of a statewide mission to raise education attainment,
increase adult literacy, promote work force and economic development
and ensure access to secondary and post-secondary education for the
citizens of the state while maintaining the local autonomy and
flexibility necessary to the success of community and technical
education.
§18B-2B-2. Definitions.
The following words when used in this article have the meaning
hereinafter ascribed to them unless the context clearly indicates
a different meaning:
(a) "Adult basic education" means adult basic skills education
designed to improve the basic literacy needs of adults, including
information processing skills, communication skills and computational skills, leading to a high school equivalency diploma
under the jurisdiction of the state board of education.
(b) "Post-secondary vocational-technical-occupational
education" means any course or program beyond the high school level
that results in, or may result in, the awarding of a two-year
associate degree, certificate or other credential from an
institution under the jurisdiction of a governing board or other
public or private education provider.
(c) "Secondary vocational-technical-occupational education"
means any course or program at the high school level that results
in, or may result in, a high school diploma or its equivalent under
the jurisdiction of the state board of education.
(d) "Vice chancellor" means the vice chancellor for community
and technical college education and work force development
"Chancellor for community and technical college education" means the
chief executive officer of the West Virginia council for community
and technical college education employed pursuant to section five
three, article one-b two-b of this chapter. Any reference in this
code to the vice chancellor for community and technical college
education and work force development means the chancellor for
community and technical college education.
(e) "West Virginia council for community and technical college
education" or "council" means the council established pursuant to section three of this article. On and after the effective date of
this article any Any reference in this code to the joint commission
for vocational-technical-occupational education means the West
Virginia council for community and technical college education.
§18B-2B-3. West Virginia council for community and technical
college education; supervision of chancellor; chief executive
officer.
(a) Effective the first day of July, two thousand one, the West
Virginia joint commission for vocational-technical- occupational
education is reconstituted as the West Virginia council for
community and technical college education. Any reference in this
code to the joint commission for vocational-technical-occupational
education means the West Virginia council for community and
technical college education.
_____(a) There is continued the West Virginia council for community
and technical college education. The council has all the powers and
duties assigned by law to the joint commission for
vocational-technical-occupational education prior to the effective
date of this section and such other powers and duties as may be
assigned by law. or by the commission
(b) The council is subject to the jurisdiction of the
commission established in article one-b of this chapter. The vice
chancellor shall employ a chancellor for community and technical college education. The chancellor serves as chief executive officer
of the council at the will and pleasure of the council. The
chancellor shall be compensated at a level set by the council not
to exceed eighty percent of the annual salary of the chancellor for
higher education.
_____(1) The vice chancellor for community and technical college
education and work force development, as the current chief executive
officer of the council, shall continue in such capacity upon the
effective date of this section, and shall be the chancellor for
community and technical college education.
_____(A) The council shall conduct a written performance evaluation
of the chancellor one year after the effective date of this section.
The council shall report the results of the evaluation to the
legislative oversight commission on education accountability during
the legislative interim meeting period following the evaluation.
_____(B) After reviewing the evaluation, the council shall make a
determination by vote of its members on continuing employment and
compensation level for the chancellor.
_____(C) After the initial contract period, the council shall
conduct written performance evaluations of the chancellor annually
and may offer the chancellor a contract of longer term, but not to
exceed three years. At the end of each contract period, the council
shall review the evaluations and make a determination by vote of its members on continuing employment and level of compensation.
_____(D) When a vacancy occurs in the position of chancellor, the
council shall enter into an initial employment contract for one year
with the candidate selected to fill the vacancy. At the end of the
initial period, the council shall make a determination by vote of
its members on continuing employment and compensation level for the
chancellor and shall continue thereafter as set forth in paragraph
(C) of this subdivision.
_____(2) The chancellor maintains all benefits of employment held,
accrued and afforded as the vice chancellor for community and
technical college education and workforce development. Such
benefits include, but are not limited to, retirement benefits,
continued membership in the same retirement system, any insurance
coverage and sick and annual leave. For the purposes of leave
conversion established in section thirteen, article sixteen, chapter
five of this code, the chancellor is not a new employee, and the
prohibition on conversion does not apply if the chancellor was
eligible for leave conversion while serving as vice chancellor on
the day preceding the effective date of this section. On the
effective date of this section, for the purpose of section thirteen
article sixteen, chapter five of this code, the chancellor:
_____(A) Maintains all sick and annual leave accrued, and all rights
to convert the leave that had been accrued as vice chancellor; and
_____(B) Continues to maintain his or her status for eligibility
under the provisions and application of said section as applied
while serving as vice chancellor on the day preceding the effective
date of this section.
§18B-2B-4. Appointment, composition and terms of council.
(a) On the effective date of this section, the joint commission
for vocational-technical-occupational education is reconstituted as
the West Virginia council for community and technical college
education and all terms of members appointed by the governor prior
to the effective date of this section expire upon the appointment
by the governor of all the members required to be appointed by this
section.
(b) (a) The council is comprised of eight thirteen members
selected as follows:
(1) Three Eight members appointed by the governor, with the
advice and consent of the Senate:
(A) One member shall be appointed from each community and
technical college consortia district as established in this section.
_____(B) 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 council 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.
_____(2) Two members appointed by the governor from a list of six
persons nominated by the president of the Senate: Provided, That
no more than two nominees may be from the same congressional
district and no more than three may be from the same political
party;
(3) Two members appointed by the governor from a list of six
persons nominated by the speaker of the House of Delegates:
Provided, That no more than two nominees may be from the same
congressional district and no more than three may be from the same
political party; and (4)
(2) The chairperson of the West Virginia work force investment
council;
_____(3) The executive director of the West Virginia development
office, or designee;
_____(4) The president of the West Virginia AFL-CIO, or a designee;
_____(5) The chair of the higher education policy commission who serves as an ex officio, nonvoting member of the council; and
_____(6) The assistant superintendent for technical and adult
education of the state department of education who serves as an ex
officio, nonvoting member of the council;
(c) The governor may, but is not required to reappoint any
person who was a member of the joint commission immediately prior
to the effective date of this section: Provided, That the
individual selected is otherwise eligible to serve.
(d) (b) All appointed members shall be citizens Any appointed
member shall be a citizen of the state, shall represent the public
interest and shall be persons who understand and be committed to
achieving the goals and objectives set forth in section one-a,
article one of this chapter, the essential conditions for community
and technical college education programs and services set forth in
article three-c of this chapter, and the goals for secondary and
post-secondary vocational-technical-occupational and adult basic
education in the state. The appointed members Any appointed member
shall represent the interests of the business, labor and employer
communities and demonstrate knowledge of the education needs of the
various regions, attainment levels and age groups within the state.
(e) (c) The governor may not appoint any person to be a member
of the council who is an officer, employee or member of an advisory
board of any state college or university, the holder of any other public office or public employment under the government of this
state or any of its political subdivisions, 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.
No individual may An individual may not serve on the council who is
engaged in providing, or employed by a person or company whose
primary function is to provide, workforce development services and
activities. of the members appointed by the governor, no more than
four thereof may belong to the same political party and no more than
three may be appointed from any congressional district.
(f) (d) Members of the council shall serve for staggered terms
of four years. except that of the original appointments, one member
shall be appointed for one year; two members shall be appointed for
two years; two members shall be appointed for three years; and two
members shall be appointed for four years. No member may serve more
than two consecutive full terms nor may any member be appointed to
a term which results in the member serving more than eight
consecutive years. Notwithstanding the provisions of subdivision
(1), subsection (a) of this section, on the effective date of this
section any current member of the council maintains his or her
appointment to the council and continues to serve for the remainder
of the term for which originally appointed. Any additional
appointment required by the provisions of said subdivision shall represent a consortia district not otherwise represented on the
council.
§18B-2B-5. Meetings and compensation.
(a) The vice chancellor shall call the initial meeting of the
council and preside until a chairperson is selected. The members
shall elect a chairperson from among the persons appointed by the
governor. The council shall hold at least eight meetings annually
and may meet more often at the call of the chairperson. One such
meeting shall be a public forum for the discussion of the goals and
standards for workforce development, economic development and
vocational education in the state.
(b) The council shall hold an annual meeting each June for the
purpose of electing officers for the next fiscal year. At the
annual meeting, the council shall elect from its appointed members
a chairperson and other officers as it may consider necessary or
desirable. Provided, That the initial meeting for the purpose of
selecting the first chairperson and other officers shall be held
during July, two thousand one, or as soon thereafter as practicable.
The chairperson and other officers shall be are elected for a
one-year term two-year terms commencing on the first day of July
following the annual meeting. Provided, however, That the terms of
officers elected in July, two thousand one, begin upon election and
end on the thirtieth day of June, two thousand two. The chairperson of the board may serve no more than two consecutive two-year terms
as chair, except that the member serving as chairperson of the
council on the effective date of this section is eligible to serve
a two-year term regardless of the number of consecutive terms
already served.
(c) Members of the council shall serve without compensation.
but shall be Members shall be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of their
official duties under this article upon presentation of an itemized
sworn statement of their expenses. except that the An ex officio
member of the council who is an employee of the state shall be is
reimbursed by the employing agency.
(d) A majority of the members appointed constitutes a quorum
for conducting the business of the council. All action taken by the
council shall be by majority vote of the members present.
§18B-2B-6. Powers and duties of the council.
(a) The council has all the powers and duties assigned to the
joint commission prior to the effective date of this article as set
forth in the provisions of section two, article two-b, chapter
eighteen of this code and such other powers and duties as may be
assigned by law or by the commission. Authority granted under that
section to the joint commission as
(a) The council is the sole agency responsible for the administration of vocational-technical-occupational education and
community and technical college education in the state. is hereby
transferred to the council. (b) Under the supervision of the
commission The council has jurisdiction and authority over the
community and technical colleges and the system of community and
technical college education as a whole, including community and
technical college education programs as defined in section two,
article one of this chapter.
_____(b) As relates to the authority established in subsection (a)
of this section, the council has the following powers and duties:
(1) Develop, oversee and advance the public policy agenda as
it relates to community and technical college education to address
major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of this
chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section nine of this article for the purpose of
accomplishing the mandates of this section;
_____(2) Jointly with the commission, develop, oversee and advance
the implementation of a financing policy for higher education in
West Virginia. The policy shall meet the following criteria:
_____(A) Provide an adequate level of education and general funding for institutions pursuant to section five, article one-a of this
chapter;
_____(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
_____(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
_____(D) Establish for incorporation into the financing policy for
higher education in West Virginia a plan for strategic funding to
strengthen capacity for support of community and technical college
education;
_____(3) Create a policy leadership structure relating to community
and technical college education capable of the following actions:
_____(A) Developing, building public consensus around and sustaining
attention to a long-range public policy agenda. In developing the
agenda, the council shall seek input from the Legislature and the
governor and specifically from the state board of education and
local school districts in order to create the necessary linkages to
assure smooth, effective and seamless movement of students through
the public education and post-secondary education systems and to
ensure that the needs of public school courses and programs can be
fulfilled by the graduates produced and the programs offered;
_____(B) Ensuring that the governing boards of the institutions under the council's jurisdiction carry out their duty effectively
to govern the individual institutions of higher education; and
_____(C) Holding the community and technical college institutions
and the community and technical college system as a whole
accountable for accomplishing their missions and implementing the
provisions of the compacts;
_____(1) To develop and recommend to the commission
(4) To develop for inclusion in the statewide public agenda,
a plan for raising education attainment, increasing adult literacy,
promoting work force and economic development and ensuring access
to advanced education for the citizens of West Virginia;
(2) (5) To provide statewide leadership, coordination, support,
and technical assistance to the community and technical colleges and
to provide a focal point for visible and effective advocacy for
their work and for the public policy agenda adopted approved by the
commission and council. For the institutions under their
jurisdiction, this responsibility includes, but is not limited to:
(A) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(B) Holding the higher education institutions and the higher
education system as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(3) To review and approve
(6) To review and adopt annually all institutional compacts for
the community and technical colleges prior to their submission to
the commission for final approval pursuant to the provisions of
section two, article one-a of this chapter;
_____(4) To consider and submit to the commission a budget
(7) Serve as the accountability point to:
_____(A) The governor for implementation by the community and
technical colleges of their role in advancing the public policy
agenda; and
_____(B) The Legislature by maintaining a close working relationship
with the legislative leadership and the legislative oversight
commission on education accountability;
_____(8) Jointly with the commission, promulgate a legislative rule
pursuant to article three-a, chapter twenty-nine-a of this code to
fulfill the purposes of section five, article one-a of this chapter;
_____(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions;
_____(10) Review the progress of community and technical colleges
in every region of West Virginia. The review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the step-by-step implementation required in article three-c of this chapter;
_____(11) Annually report to the Legislature and to the legislative
oversight commission on education accountability during the January
interim meetings on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the
following:
_____(A) The performance of the community and technical college
system during the previous fiscal year, including, but not limited
to, progress in meeting goals stated in the compacts and progress
of the institutions and the system as a whole in meeting the goals
and objectives set forth in section one-a, article one of this
chapter;
_____(B) The priorities established for capital investment needs
pursuant to subdivision (12) of this subsection and the
justification for such priority;
_____(C) Recommendations of the council for statutory changes
necessary to further the goals and objectives set forth in section
one-a, article one of this chapter;
_____(12) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments. When the needs have been determined, the council shall
take the following steps:
_____(A) Develop a ranked list of the top ten projects for capital
investment for the institutions under its jurisdiction;
_____(B) Convey the ranked list to the commission for its
consideration pursuant to section four, article one-b of this
chapter;
_____(13) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
_____(14) Acquire legal services as are considered necessary,
including representation of the council, its institutions, employees
and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the council may, but is not
required to, call upon the attorney general for legal assistance and
representation as provided by law;
_____(15) Employ a chancellor for community and technical college
education pursuant to section three of this article;
_____(16) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the council consistent with
the provisions of section two, article four of this chapter;
_____(17) Employ other staff as necessary and appropriate to carry out the duties and responsibilities of the council who are employed
solely by the council;
_____(18) Provide suitable offices in Charleston for the chancellor
and other staff;
_____(19) Approve the total compensation package from all sources
for presidents of community and technical colleges, as proposed by
the governing boards. The governing boards must obtain approval from
the council of the total compensation package both when presidents
are employed initially and subsequently when any change is made in
the amount of the total compensation package;
_____(20) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
_____(21) Establish and implement policies and programs, jointly
with the community and technical colleges, through which students
who have gained knowledge and skills through employment,
participation in education and training at vocational schools or
other education institutions, or internet-based education programs,
may demonstrate by competency-based assessment that they have the
necessary knowledge and skills to be granted academic credit or advanced placement standing toward the requirements of an associate
degree or a bachelor's degree at a state institution of higher
education;
_____(22) Seek out and attend regional and national meetings and
forums on education and work force development-related topics, as
in the council's discretion is critical for the performance of their
duties as members for the purpose of keeping abreast of community
and technical college education trends and policies to aid it in
developing the policies for this state to meet the established
education goals and objectives pursuant to section one-a, article
one of this chapter;
_____(23) Assess community and technical colleges for the payment
of expenses of the council or for the funding of statewide services,
obligations or initiatives related specifically to the provision of
community and technical college education;
_____(24) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to community
and technical colleges for qualifying noncapital expenditures
incurred in the provision of services to students with physical,
learning or severe sensory disabilities;
_____(25) Assume the prior authority of the commission in examining
and approving tuition and fee increase proposals submitted by
community and technical college governing boards as provided in section one, article ten of this chapter.
_____(26) Consider and submit to the commission, a single budget for
community and technical college education that reflects recommended
appropriations for community and technical colleges and that:
(A) Includes recommended appropriations;
(B) Considers the progress of each institution toward meeting
the essential conditions set forth in section three, article three-c
of this chapter, including independent accreditation; and
(C) (B) Considers the progress of each institution toward
meeting the goals established in its institutional compact;
(5) To make recommendations to the commission for approval of
the administration and distribution of
(27) Administer and distribute the independently accredited
community and technical college development account;
(6) (28) To design and recommend to the commission Establish
a plan of strategic funding to strengthen capacity for support of
community and technical college education in all areas of the state;
(7) (29) To Foster coordination among all state-level, regional
and local entities providing post-secondary vocational education or
work force development and to coordinate all public institutions and
entities that have a community and technical college mission;
(8) (30) To assume on behalf of the commission Assume the
principal responsibility for overseeing the implementation of the step-by-step process for achieving independent accreditation and for
meeting the essential conditions pursuant to article three-c of this
chapter;
(9) To participate in the selection of administrative heads of
the community and technical colleges; as directed by the commission
(31) Advise and consent in the appointment of the presidents
of the community and technical colleges pursuant to section six,
article one-b of this chapter. The role of the council in approving
a president is to assure through personal interview that the person
selected understands and is committed to achieving the goals and
objectives as set forth in the institutional compact and in section
one-a, article one of this chapter;
_____(10) (32) To provide Provide a single, statewide link for
current and prospective employers whose needs extend beyond one
locality;
(11) (33) To provide Provide a mechanism that serves two or
more institutions to facilitate joint problem-solving in areas
including, but not limited to:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across
the state;
(C) Providing one-stop service for workforce training to be
delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and
collaborative ventures;
(12) (34) To provide Provide support and technical assistance
to develop, coordinate, and deliver effective and efficient
community and technical college education programs and services in
the state;
(13) (35) To assist Assist the community and technical colleges
in establishing and promoting links with business, industry and
labor in the geographic areas for which each of the community and
technical colleges is responsible;
(14) (36) To develop Develop alliances among the community and
technical colleges for resource sharing, joint development of
courses and courseware, and sharing of expertise and staff
development;
(15) (37) To serve Serve aggressively as an advocate for
development of a seamless curriculum;
(16) (38) To cooperate Cooperate with the governor's P-20
council of West Virginia to remove barriers relating to transfer and
articulation between and among community and technical colleges,
state colleges and universities, and public education, preschool
through grade twelve;
(17) (39) To encourage Encourage the most efficient utilization
of available resources; The council for community and technical college education is responsible for advising the commission on
these issues and making appropriate recommendations
(16) (40) To assist Coordinate with the commission in informing
public school students, their parents and teachers of the academic
preparation that students need in order to be prepared adequately
to succeed in their selected fields of study and career plans,
including presentation of academic career fairs;
(41) Jointly with the commission, approve and implement a
uniform standard, as developed by the chancellors, to determine
which students shall be placed in remedial or developmental courses.
The standard shall be aligned with college admission tests and
assessment tools used in West Virginia and shall be applied
uniformly by the governing boards throughout the public higher
education system. The chancellors shall develop a clear, concise
explanation of the standard which the governing boards shall
communicate to the state board of education and the state
superintendent of schools;
_____(40) (42) Develop and implement strategies and curriculum for
providing developmental education which shall be applied by any
state institution of higher education providing developmental
education.
(17) (43) To assist the commission in developing Develop a
statewide system of community and technical college programs and services in every region of West Virginia for competency-based
certification of knowledge and skills, including a statewide
competency-based associate degree program;
(18) (44) To review Review and approve all institutional master
plans for the community and technical colleges; prior to their
submission to the commission for final approval
(19) (45) To recommend to the commission Establish policies or
rules for promulgation that are necessary or expedient for the
effective and efficient performance of community and technical
colleges in the state;
(46) In its sole discretion, transfer any rule under its
jurisdiction, other than a legislative rule, to the jurisdiction of
the governing boards who may rescind, revise, alter or amend any
rule so transferred pursuant to rules adopted by the council;
_____(20) (47) To recommend to the commission a set of Establish
benchmarks and performance indicators to apply to for community and
technical colleges to measure institutional progress toward meeting
the goals as outlined in section one-a, article one of this chapter
and in meeting the essential conditions established in article
three-c of this chapter;
(21) (48) To assist the commission staff in developing a
separate section on community and technical colleges Develop for
inclusion in the higher education report card, as defined in section eight, article one-b of this chapter, a separate section on
community and technical colleges. This section shall include, but
is not limited to, evaluation of the institutions based upon the
benchmarks and indicators developed in subdivision (20) (47) of this
subsection;
(22) (49) If approved by the commission to facilitate creation
Facilitate continuation of the advantage valley community college
network under the leadership and direction of Marshall community and
technical college; recommended by the Implementation Board Report
(50) Initiate and facilitate creation of as well as any other
regional networks of affiliated community and technical colleges
that the council finds to be appropriate and in the best interests
of the citizens to be served; if requested by all affected
institutions in that region; as the commission finds to be
appropriate and in the best interests of the citizens to be served
(23) (51) To advise and assist the state board of education and
the commission on Develop with the state board of education state
plans for secondary and post-secondary
vocational-technical-occupational and adult basic education,
including, but not limited to:
(A) Policies to strengthen vocational-technical-occupational
and adult basic education; and
(B) Programs and methods to assist in the improvement, modernization and expanded delivery of vocational-
technical-occupational and adult basic education programs;
(24) (52) To distribute Distribute federal vocational education
funding provided under the Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, with an emphasis on the
distribution of distributing financial assistance among secondary
and post-secondary vocational-technical-occupational and adult basic
education programs to help meet the public policy agenda.
In distributing funds the council shall use the following
guidelines:
(A) The board of education shall continue to be the fiscal
agent for federal vocational education funding;
(B) For the fiscal years beginning on the first day of July,
two thousand one and two thousand two, the percentage split of the
federal allocation for vocational education between the West
Virginia board of education and the commission shall remain the same
as the percentage split that was distributed to the board of
education and the commission for the fiscal year that began on the
first day of July, two thousand;
(C) For the fiscal year beginning on the first day of July, two
thousand three and thereafter,
(B) The percentage split between the board of education and the
commission council shall be determined by rule promulgated by the council under the provisions of article three-a, chapter
twenty-nine-a of this code. Provided, That the The council shall
first obtain the approval of the board of education before proposing
a rule;
(25) (53) To collaborate Collaborate, cooperate and interact
with all secondary and post-secondary
vocational-technical-occupational and adult basic education programs
in the state, including the programs assisted under the federal Carl
D. Perkins Vocational and Technical Education Act of 1998, PL
105-332, and the Workforce Investment Act of 1998, to promote the
development of seamless curriculum and the elimination of
duplicative programs;
(26) (54) To coordinate Coordinate the delivery of vocational-
technical-occupational and adult basic education in a manner
designed to make the most effective use of available public funds
to increase accessibility for students;
(27) (55) To analyze Analyze and report to the commission and
the West Virginia board of education on the distribution of spending
for vocational-technical-occupational and adult basic education in
the state and on the availability of
vocational-technical-occupational and adult basic education
activities and services within the state;
(28) (56) To promote Promote the delivery of vocational-technical-occupational education, adult basic education
and community and technical college education programs in the state
which emphasize the involvement of business, industry and labor
organizations;
(29) (57) To promote Promote public participation in the
provision of vocational-technical-occupational education, adult
basic education and community and technical education at the local
level, with an emphasis on emphasizing programs which involve the
participation of local employers and labor organizations;
(30) (58) To promote Promote equal access to quality
vocational-technical-occupational education, adult basic education
and community and technical college education programs to
handicapped and disadvantaged individuals, adults who are in need
of training and retraining, individuals who are single parents, or
homemakers, individuals participating participants in programs
designed to eliminate sexual bias and stereotyping and criminal
offenders serving in correctional institutions;
(31) (59) To meet Meet annually between the months of October
and December with the advisory committee of community and technical
college presidents and provosts created pursuant to section eight
of this article to discuss those matters relating to community and
technical college education in which advisory committee members or
the council may have an interest; and
(32) (60) To accept Accept and expend any gift, grant,
contribution, bequest, endowment or other money for the purposes of
this article;
(61) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section and
transferred to the commission are hereby transferred to the council
and shall continue in effect until rescinded, revised, altered or
amended by the council;
_____(62) Pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The council and commission shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
_____(63) Determine when a joint rule among the governing boards of
the community and technical colleges is necessary or required by law
and, in those instances and in consultation with the governing
boards, promulgate the joint rule;
_____(64) Promulgate a joint rule with the commission establishing
tuition and fee policy for all institutions of higher education.
The rule shall include, but is not limited to, the following:
_____(A) Comparisons with peer institutions;
_____(B) Differences among institutional missions;
_____(C) Strategies for promoting student access;
_____(D) Consideration of charges to out-of-state students; and
_____(E) Such other policies as the commission and council consider
appropriate;
_____(65) In cooperation with the West Virginia division of
highways, study a method for increasing the signage signifying
community and technical college locations along the state interstate
highways, and report to the legislative oversight commission on
education accountability regarding any recommendations and required
costs; and
_____(66) Implement a policy jointly with the commission whereby any
course credit earned at a community and technical college transfers
for program credit at any other state institution of higher
education and is not limited to fulfilling a general education
requirement.
_____(c) In addition to the powers and duties listed in subsections
(a) and (b) of this section, the council has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda for
community and technical colleges:
_____(1) Planning and policy leadership including a distinct and visible role in setting the state's policy agenda for the delivery
of community and technical college education and in serving as an
agent of change;
_____(2) Policy analysis and research focused on issues affecting
the community and technical college system as a whole or a
geographical region thereof;
_____(3) Development and implementation of each community and
technical college mission definition including use of incentive
funds to influence institutional behavior in ways that are
consistent with public priorities;
_____(4) Academic program review and approval for the institutions
under its jurisdiction, including the use of institutional missions
as a template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes;
_____(5) Development of budget and allocation of resources for
institutions delivering community and technical college education,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
_____(6) Acting as the agent to receive and disburse public funds
related to community and technical college education when a
governmental entity requires designation of a statewide higher
education agency for this purpose;
_____(7) Development, establishment and implementation of
information, assessment and accountability systems including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators for community and technical colleges;
_____(8) Jointly with the commission, development, establishment and
implementation of policies for licensing and oversight of both
public and private degree-granting and nondegree-granting
institutions that provide post-secondary education courses or
programs pursuant to the findings and policy recommendations to be
determined as set forth in section eleven, article one-b of this
chapter;
_____(9) Development, implementation and oversight of statewide and
regionwide projects and initiatives related specifically to
providing community and technical college education such as those
using funds from federal categorical programs or those using
incentive and performance-based funding from any source; and
_____(10) Quality assurance that intersects with all other duties
of the council particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information and
accountability systems.
_____(d) The council is authorized to withdraw specific powers of
a governing board under its jurisdiction for a period not to exceed two years if the council makes a determination that:
_____(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
_____(2) The council has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
_____(3) Other circumstances which, in the view of the council,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
_____The period of withdrawal of specific powers may not exceed two
years during which time the council is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
_____(e) In addition to the powers and duties provided for in
subsections (a) and (b), (c) and (d) of this section and any other
powers and duties as may be assigned to it by law, or by the
commission the council has:
(1) Such other powers and duties as may be necessary or
expedient to accomplish the purposes of this article; and
_____(2) All powers, duties and responsibilities directly related
to community and technical colleges and community and technical college education that were vested in the commission prior to the
effective date of this section.
_____(f) When the council and commission, each, is required to
consent, cooperate, collaborate or provide input into the actions
of the other:
_____(1) The body acting first shall convey its decision in the
matter to the other body with a request for concurrence in the
action;
_____(2) The commission or the council, as the receiving body, shall
place the proposal on its agenda and shall take final action within
sixty days of the date when the request for concurrence is received;
and
_____(3) If the receiving body fails to take final action within
sixty days, the original proposal stands and is binding on both the
commission and the council.
§18B-2B-6a. Transfer of funds; council authority to expend funds.
On the effective date of this section, the unexpended balance
remaining in the appropriation for the West Virginia council for
community and technical education is transferred from the commission
to the authority of the council to be expended by the council to
carry out the purposes of this article.
§18B-2B-7. Powers and duties of the chief executive officer.
(a) The vice chancellor for community and technical college education is the chief executive officer of the council and as such
may exercise the powers and duties assigned pursuant to subsection
(3), section five, article one-b of this chapter. The vice
chancellor has all powers and duties assigned by law or by the
commission and, in addition by the council. The chancellor has the
following powers and duties:
(1) To serve as the principal accountability point for the
commission council for implementation of the public policy agenda
as it relates to community and technical colleges;
(2) To serve on behalf of the commission as the liaison to the
council and to the community and technical colleges;
(3) (2) To assume on behalf of the commission the principal
responsibility for directing and assisting the work of the council;
and
(4) (3) With the approval of the commission and the chancellor
to employ To supervise and direct staff of the council as necessary
and appropriate to carry out the duties and responsibilities of this
article.
(A) On the first day of July, two thousand one effective date
of this section, all personnel employed on the thirtieth day of
June, two thousand one, within the joint commission for
vocational-technical-occupational education are hereby transferred
to the jurisdiction of the commission and are under the direct supervision of the vice chancellor and the chancellor: Provided,
That by the commission and under the supervision of the vice
chancellor for community and technical college education and
workforce development on the first day of January, two thousand
four, are transferred to the jurisdiction of the council and are
under the direct supervision of the chancellor for community and
technical college education.
_____(B) Prior to the first day of October, two thousand one, no
employee shall four, any such employee, including the chief
executive officer of the council, may not be terminated or have his
or her salary or benefit level reduced as the sole result of the
governance reorganization set forth in this article.
_____(4) On behalf of the council, the chancellor may enter into
agreements with any state agency or political subdivision of the
state, any state higher education institution or any other person
or entity to enlist staff assistance to implement the powers and
duties assigned to the council by state law.
_____(5) The chancellor is responsible for the day-to-day operations
of the council and has the following responsibilities:
_____(A) To carry out policy and program directives of the council;
_____(B) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section one-a,
article one of this chapter and in the institutional compacts;
_____(C) To prepare and submit to the council for its approval the
proposed budget of the council including the office of the
chancellor and necessary staff;
_____(D) To assist the governing boards in developing rules, subject
to the provisions of section six, article one of this chapter.
Nothing in this chapter requires the rules of the governing boards
to be filed pursuant to the rule-making procedures provided in
article three-a, chapter twenty-nine-a of this code. The chancellor
is responsible for ensuring that any policy which is required to be
uniform across the institutions under the jurisdiction of the
council is applied in a uniform manner; and
_____(E) To perform all other duties and responsibilities assigned
by the council or by state law.
_____(6) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities.
_____(7) The council is the primary advocate for community and
technical college education and, with the chancellor, advises the
Legislature on matters of community and technical college education
in West Virginia. The chancellor shall work closely with the
legislative oversight commission on education accountability and
with the elected leadership of the state to ensure that they are
fully informed about community and technical college education issues and that the council fully understands the goals for higher
education that the Legislature has established by law.
_____(8) The chancellor may design and develop for consideration by
the council new statewide or regional initiatives directly related
to community and technical college education and in accordance with
the goals set forth in section one-a, article one of this chapter
and the public policy agenda.
_____(9) The chancellor shall work closely with members of the state
board of education and with the state superintendent of schools to
assure that the following goals are met:
_____(A) Development and implementation of a seamless
kindergarten-through-college system of education; and
_____(B) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
council and the state board of education, the chancellor serves as
an ex officio, nonvoting member of the state board of education.
§18B-2B-8. State advisory committee of community and technical
college presidents.
(a) Effective the first day of July, two thousand one, there
is hereby created There is continued the state advisory committee
of community and technical college presidents. and provosts For the
purposes of this section, the state advisory committee of community
and technical college presidents and provosts shall be is referred to as the "advisory committee".
(b) Each president or other administrative head of a public
community and technical college, as defined in section four, article
three-c one, article six of this chapter, shall be is a member of
the advisory committee. An administrative head of a component,
branch, center, regional center or other delivery site with a
community and technical college mission may be a member if
considered appropriate.
(c) The vice chancellor serves as chair of the advisory
committee. and shall convene the initial meeting during the month
of July, two thousand one. Thereafter the The advisory committee
shall meet at least once each quarter and may meet at such other
times as called by the chair or by a majority of the members.
(d) The advisory committee shall communicate to the council
through the vice chancellor on matters of importance to the group.
and It shall meet annually between the months of October and
December with the council to discuss those matters relating to
community and technical college education in which advisory
committee members or the council may have an interest.
(e) The vice chancellor shall prepare meeting minutes which
shall be made available, upon request, to the public.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
§18B-2C-3. Authority and duty of council to determine progress of community and technical colleges; conditions; authority to
create West Virginia community and technical college.
(a) Beginning on the first day of July, two thousand one, and
at least annually thereafter, the commission The council annually
shall review and analyze all the public community and technical
colleges, and any branches, centers, regional centers and or other
delivery sites with a community and technical college mission, to
determine their progress toward meeting the goals and objectives set
forth in section one-a, article one of this chapter and toward
advancing the purposes, goals and objectives set forth in article
three-c of this chapter.
(b) The analysis required in subsection (a) of this section
shall be based, in whole or in part, upon the findings made pursuant
to the rule establishing benchmarks and indicators required to be
promulgated by the commission in section two, article one-a of this
chapter council in section six, article two-b of this chapter.
(c) Based upon their analysis in subsections (a) and (b) of
this section, the commission council shall make a determination
whether any one or more of the following conditions exist exists:
(1) One or more of the component community and technical
colleges required to do so has not achieved or is not making
sufficient, satisfactory progress toward achieving the essential
conditions, including independent accreditation;
(2) One or more of the public community and technical colleges,
branches, centers, regional centers and other delivery sites with
a community and technical college mission requires financial
assistance or other support to meet the goals and essential
conditions set forth in this chapter;
(3) It is in the best interests of the people of the state or
a region within the state to have a single, accredited institution
which can provide an umbrella of statewide accreditation;
(4) It is in the best interests of the people of the state or
a region of the state to have one accredited institution able to
extend accreditation to institutions and entities required to seek
independent accreditation;
(5) One or more of the public community and technical colleges,
branches, centers, regional centers or other delivery sites with a
community and technical college mission requests from the commission
council the type of assistance which can best be delivered through
implementation of the provisions of section four of this article.
Institutional requests that may be considered by the commission
council include, but are not limited to, assistance in seeking
and/or attaining independent accreditation, in meeting the goals for
post-secondary education established in section one-a, article one
of this chapter, in meeting the essential conditions set forth in
section three, article three-c of this chapter, or in establishing and implementing regional networks.
(6) One or more public community and technical colleges,
branches, centers, regional centers or other delivery sites with a
community and technical college mission has not met, or is not
making sufficient, satisfactory progress toward meeting, the goals
set forth in section one-a, article one of this chapter; and
(7) The council makes a recommendation to the commission
determines that it is in the best interests of the people of the
state or a region of the state to create a statewide, independently
accredited community and technical college.
(d) The commission council may not make a determination subject
to the provisions of subsection (c) of this section that a condition
does not exist based upon a finding that the higher education entity
lacks sufficient funds to make sufficient, satisfactory progress.
(e) The commission shall prepare By the first day of December
annually, the council shall prepare and file with the legislative
oversight commission on education accountability a written report
on the findings and determinations required by this section, for the
legislative oversight commission on education accountability by the
first day of December, two thousand one, and each year thereafter
together with a detailed history of any actions taken by the
commission council under the authority of this article.
§18B-2C-4. Authority of council in creating West Virginia community and technical college.
(a) Subject to the provisions of subsection (c), section three
of this article, if the commission council makes a determination
that one or more of the conditions exists, then the commission
council is authorized to create the West Virginia community and
technical college.
(b) As soon as practicable after the commission council
determines that the college should be created, the commission
council shall notify the governor, the president of the Senate, the
speaker of the House of Delegates and the legislative oversight
commission on education accountability of the proposed actions.
Provided, That the commission The council shall conduct a study
regarding the procedures, findings and determinations considered
necessary prior to any creation of the college and shall report its
findings to the legislative oversight commission on education
accountability. no later than the first day of December, two
thousand one: Provided, however, That the commission The council
may not create the college prior to the report being received by the
legislative oversight commission on education accountability.
(c) The commission On or before the first day of December of
the year in which the college is created, the council shall certify
to the legislative oversight commission on education accountability
on or before the first day of December of the year in which the college is created proposed legislation to accomplish the purposes
of this article for those matters requiring statutory change.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-2. Purposes of article.
The general purposes of this article are the following:
(a) To establish community and technical college education that
is well articulated with the public schools and four-year colleges;
that makes maximum use of shared facilities, faculty, staff,
equipment and other resources; that encourages traditional and
nontraditional students and adult learners to pursue a lifetime of
learning; that serves as an instrument of economic development; and
that has the independence and flexibility to respond quickly to
changing needs;
(b) To charge the respective governing boards with providing
community and technical college education at state institutions of
higher education under their jurisdiction that has the
administrative, programmatic and budgetary control necessary to
allow maximum flexibility and responsiveness to district and
community needs. Education services shall be provided consistent
with the goal of sharing facilities, faculty, staff, equipment and
other resources within and among the districts, the other systems
of public and higher education and other education and training
programs;
(c) To establish the essential conditions for community and
technical college programs and services, as defined in section three
of this article, necessary to ensure that each region of West
Virginia is served by a community and technical college meeting the
needs of the people of the region;
(d) To establish a mechanism for assuring that, where
applicable, a transition plan for meeting the essential conditions
is developed by each relevant community and technical college;
(e) To establish responsibility community and technical college
consortia districts for each of the community and technical colleges
to ensure accountability that the full range of community and
technical college education programs and services is provided in all
areas of the state, including the implementation of seamless
curricula and the West Virginia EDGE, "Earn a Degree Graduate Early"
program;
(f) To define the full range of programs and services that
every each community and technical college has the responsibility
to provide; and
(g) To establish such other policies and procedures necessary
to ensure that the needs of West Virginia, its people and its
businesses are met for the programs and services that can be
provided through a comprehensive system of community and technical
colleges.
§18B-3C-3. Essential conditions for community and technical
college programs and services.
The Legislature hereby establishes the following essential
conditions for community and technical college programs and
services:
(a) Independent accreditation by the commission on institutions
of higher education higher learning commission of the north central
association of colleges and schools (NCA), by the first day of July,
two thousand five, reflecting external validation that academic
programs, services, faculty, governance, financing and other
policies are aligned with the community and technical college
mission of the institution. An institution meets this requirement
if on such date the council determines that the institution is on
target to meet independent accreditation status. A community and
technical college continues to share the accreditation of the
sponsoring institution until such time as independent accreditation
is achieved;
(b) A full range of community and technical college services
offered as specified in section six of this article;
(c) Programmatic approval consistent with the provisions of
section nine of this article;
(d) A fee structure competitive with its peer institutions;
(e) Basic services, some of which may be obtained under contract with existing institutions in the region. These basic
services shall include, but are not limited to, the following:
(1) Student services, including, but not limited to, advising,
academic counseling, financial aid and provision of the first line
of academic mentoring and mediation;
(2) Instructional support services;
(3) Access to information and library services;
(4) Physical space in which courses can be offered;
(5) Access to necessary technology for students, faculty and
mentors;
(6) Monitoring and assessment; and
(7) Administrative services, including, but not limited to,
registration, fee collection and bookstore and other services for
the distribution of learning materials;
(f) A provost president who is the chief academic and
administrative executive officer of the community and technical
college appointed and serving pursuant to the terms of section six,
article one-b of this chapter. The provost shall report president
reports directly to the president of the institution and shall have
appropriate direct contact with the institutional board of
governors. It is the responsibility of the board of governors to
provide sufficient time on its agenda for each provost of a
component community and technical college at each meeting for the president to discuss issues relevant to the mission of the component
community and technical college;
(g) An institutional board of governors or an institutional
board of advisors appointed and serving as required by law;
(h) A full-time core faculty, complemented by persons engaged
through contract or other arrangements, including:
(1) College and university faculty, to teach community college
courses; and
(2) Qualified business, industry and labor persons engaged as
adjunct faculty in technical areas;
(i) A faculty personnel policy, formally established to be
separate and distinct from that of other institutions, which
includes, but is not limited to, appointment, promotion, workload
and, if appropriate, tenure pursuant to section nine of this
article. These policies shall be appropriate for the community and
technical college mission and may not be linked to the policies of
any other institution;
(j) Community and technical colleges designed and operating as
open-provider centers with the authority and flexibility to draw on
the resources of the best and most appropriate provider to ensure
that community and technical college services are available and
delivered in the region in a highly responsive manner. A community
and technical college may contract with other institutions and providers as necessary to obtain the academic programs and resources
to complement those available through a sponsoring college, where
applicable, in order to meet the region's needs;
(k) Separately identified state funding allocations for each
of the community and technical colleges. The provost of the
community and technical college has full
(l) Full budgetary authority for the entity president of the
institution, subject to accountability to its governing board,
including authority to retain all tuition and fees generated by the
community and technical college for use to carry out its mission.
§18B-3C-4. Community and technical college consortia planning
districts.
(a) Unless otherwise designated, the president of each
community and technical college facilitates the formation of
community and technical college consortia in the state, which
includes representatives of community and technical colleges, public
vocational-technical education centers, and public baccalaureate
institutions offering associate degrees. The community and technical
college consortium shall:
(1) Complete a comprehensive assessment of the district to
determine what education and training programs are necessary to meet
the short and long-term work force development needs of the
district;
(2) Coordinate efforts with regional labor market information
systems to identify the ongoing needs of business and industry, both
current and projected, and to provide information to assist in an
informed program of planning and decision making;
(3) Plan and develop a unified effort between the community and
technical colleges and public vocational-technical education to meet
the documented work force development needs of the district through
individual and cooperative programs, shared facilities, faculty,
staff, equipment and other resources and the development and use of
distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the
work force needs are met, develop new programs and phase out or
modify existing programs as appropriate to meet such needs,
streamline procedures for designing and implementing customized
training programs;
(5) Increase the integration of secondary and post-secondary
curriculum and programs that are targeted to meet regional labor
market needs, including implementation of seamless curricula project
in all major career pathways and the West Virginia EDGE, "Earn a
Degree Graduate Early" program;
(6) Plan and implement integrated professional development
activities for secondary and post-secondary faculty, staff and
administrators;
(7) Ensure that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing student
credentialing;
(8) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating course work in which they already possess competency;
(9) Cooperate with work force investment boards in establishing
one-stop-shop career centers with integrated employment and training
and labor market information systems that enable job seekers to
assess their skills, identify and secure needed education training
and secure employment and employers to locate available workers;
(10) Increase the integration of adult literacy, adult basic
education, federal Work Force Investment Act and community and
technical college programs and services to expedite the transition
of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(b) The community and technical college education consortium
shall cooperate with the regional work force investment board in the
district and shall participate in any development or amendment to the regional work force investment plan.
(c) To carry out the provisions of this section, community and
technical college consortia planning districts are established and
defined as follows:
(1) Northern panhandle community and technical college district
includes Hancock, Brooke, Ohio, Marshall and Wetzel counties.
(A) The facilitating institution is West Virginia northern
community and technical college.
(B) Participating institutions include West Virginia northern
community and technical college; John Marshall high school; Cameron
high school; John D. Rockefeller center; and other public vocational
technical schools offering post-secondary programs.
(2) North central West Virginia community and technical college
district includes Monongalia, Marion, Preston, Taylor, Barbour,
Randolph, Doddridge, Harrison, Braxton, Lewis, Calhoun, Gilmer and
Upshur counties.
(A) The facilitating institution is Fairmont state community
and technical college.
(B) Participating institutions include Fairmont state community
and technical college; Glenville state college; Randolph county
vocational-technical center; Monongalia county technical education
center; united technical center; Marion county technical center;
Fred W. Eberly technical center; and other public vocational technical schools offering post-secondary programs.
(3) Mid-Ohio valley community and technical college district
includes Tyler, Pleasants, Ritchie, Wood, Wirt, Jackson and Roane
counties.
(A) The facilitating institution is West Virginia university
at Parkersburg.
(B) Participating institutions includes West Virginia
university at Parkersburg; West Virginia northern community and
technical college; Roane-Jackson technical center; Gaston Caperton
center; Wood County technical center; and other public vocational
technical schools offering post-secondary programs.
(4) Potomac highlands community and technical college district
includes Tucker, Pendleton, Grant, Hardy, Mineral and Hampshire
counties.
(A) The facilitating institution is eastern West Virginia
community and technical college.
(B) Participating institutions include eastern West Virginia
community and technical college; South Branch career and technical
center; Mineral County technical center; and other public vocational
technical schools offering post-secondary programs.
(5) Shenandoah valley community and technical college district
includes Berkeley, Jefferson and Morgan counties.
(A) The facilitating institution is Shepherd the community and technical college of Shepherd.
(B) Participating institutions include Shepherd the community
and technical college of Shepherd; James Rumsey technical institute;
and other public vocational technical schools offering
post-secondary programs.
(6) Advantage valley community and technical college district
includes Fayette, Kanawha, Clay, Putnam, Cabell, Mason and Wayne
counties.
(A) The facilitating institution is Marshall community and
technical college.
(B) Every five years the council shall:
(i) Evaluate the progress of the advantage valley consortia
toward achieving the goals and benchmarks of its compact;
(ii) Evaluate the progress of each community and technical
college in the district toward achieving the goals and benchmarks
of its institutional compact;
(iii) Determine which community and technical college in the
district would best serve the needs of the district for the
following five-year period if serving as the facilitating
institution; and
(iv) Designate the community and technical college selected
pursuant to subparagraph (iii) of this paragraph to serve as the
facilitating institution for the following five-year period.
(C) Participating institutions include Marshall community and
technical college; the community and technology college at West
Virginia university institute of technology; West Virginia state
community and technical college; Carver career center; Garnet career
center; Ben Franklin career center; Putnam County
vocational-technical-occupational center; Cabell County
career-technical center; and other public vocational technical
schools offering post-secondary programs.
(7) Southern mountains community and technical college district
includes Lincoln, Boone, Logan, Mingo, Wyoming and McDowell
counties.
(A) The facilitating institution is southern West Virginia
community and technical college.
(B) Participating institutions include southern West Virginia
community and technical college; New River community and technical
college; Boone County career and technical center; Wyoming County
vocational-technical center; Ralph R. Willis Career and technical
center; McDowell County career and technology center; Mingo County
vocation-technical center; Charles Yeager technical center; and
other public vocational technical schools offering post-secondary
programs.
(8) Southeastern community and technical college district
includes Raleigh, Summers, Fayette, Nicholas, Webster, Pocahontas, Greenbrier, Monroe and Mercer counties.
(A) The facilitating institution is New River community and
technical college.
(B) Participating institutions include New River community and
technical college; southern West Virginia community and technical
college; the community and technical college at West Virginia
university institute of technology; Bluefield state college; academy
of careers and technology; Fayette plateau vocation-technology
center; Summers County high school; Monroe County technical center;
Mercer County technical center; and other public vocational
technical schools offering post-secondary programs.
(d) In the role of the facilitating institution of the
community and technical college district, the college:
(1) Communicates to the council;
(2) Facilitates the delivery of comprehensive community and
technical college education in the region, which includes the seven
areas of comprehensive community and technical college education
delivery as required by section six of this article; and
(3) Facilitates development of statement of commitment signed
by all participating institutions in the region as to how community
and technical college education will be delivered.
(e) Participating institutions are not subordinate to the
facilitating institution but will sign the statement of commitment to participate.
(f) The council shall:
(1) Establish guidelines for community and technical college
consortia development;
(2) Set goals for each consortium based upon legislative goals
for the delivery of comprehensive community and technical college
education; and
(3) Establish a format for development of a consortium compact
outlining plans for achieving stated goals to be submitted to the
council for approval on or before the fifteenth day of November, two
thousand four.
(g) On or before the fifteenth day of November, two thousand
four, each consortium shall submit to the council for approval a
compact which outlines plans for obtaining the stated goals. Each
compact shall include the implementation of seamless curricula and
the West Virginia EDGE, "Earn a Degree Graduate Early" program, and
be updated annually.
(h) The council annually shall evaluate the progress made in
meeting the compact goals for each community and technical college
consortia through the development and collection of performance
indicator data.
§18B-3C-5. Appointment of community and technical college
presidents.
The administrative head of a community and technical college
shall be is the president or the provost, who shall be who is chosen
pursuant to the terms of section six, article one-b of this chapter.
Any individual employed as provost of an administratively linked
community and technical college on the first day of January, two
thousand four, continues as the administrative head of the
institution and becomes the community and technical college
president on the effective date of this section.
§18B-3C-6. Community and technical college programs.
(a) The mission of each community and technical college
includes the following programs which may be offered on or off
campus, at the work site, in the public schools and at other
locations and at times that are convenient for the intended
population:
(1) Career and technical education skill sets, certificates,
associate of applied science and selected associate of science
degree programs for students seeking immediate employment,
individual entrepreneurship skills, occupational development, skill
enhancement and career mobility;
(2) Transfer education associate of arts and associate of
science degree programs for students whose education goal is to
transfer into a baccalaureate degree program;
(3) Developmental/remedial education courses, literacy education, tutorials, skills development labs and other services for
students who need to improve their skills in mathematics, English,
reading, study skills, computers and other basic skill areas;
(4) Workforce training and retraining and contract education
with business and industry to train or retrain employees;
(5) Continuing development assistance and education credit and
noncredit courses for professional and self-development,
certification and licensure and literacy training;
(6) Community service workshops, lectures, seminars, clinics,
concerts, theatrical performances and other noncredit activities to
meet the cultural, civic and personal interests and needs of the
community; and
(7) Cooperative arrangements with the public school system for
the seamless progression of students through programs of study which
are calculated to begin at the secondary level and conclude at the
community and technical college level.
(b) All administrative, programmatic and budgetary control over
community and technical college education within the district shall
be institution is vested in the president, or provost subject to
rules adopted by the interim governing board or the chancellor. The
president and the provost council. The president with the
institutional board of governors or institutional board of advisors,
as appropriate, shall be is responsible for the regular review, revision, elimination and establishment of programs within the
district institution to assure that the needs of the district for
community and technical college programs consortia district are met.
It is the intent of the Legislature that the program review and
approval process for community and technical college education be
separate and distinct from baccalaureate education and subject to
the provisions of section nine of this article. The president and
institutional board of advisors shall seek assistance from and
utilize a district consortium committee in fulfilling this
responsibility.
(c) Independently accredited community and technical colleges
will shall serve as higher education centers for their regions by
brokering with colleges, universities and other providers, in state
and out of state, to ensure the coordinated access of students,
employers and other clients to needed programs and services.
§18B-3C-8. Process for achieving independently accredited
community and technical colleges.
(a) Over a six-year period beginning the first day of July, two
thousand one, West Virginia shall move from having "component"
community and technical colleges to having By the first day of July,
two thousand five, West Virginia shall have a statewide network of
independently accredited community and technical colleges serving
every region of the state. This section does not apply to the freestanding community and technical colleges or West Virginia
university at Parkersburg. and Potomac state college of West
Virginia university.
(b) To be eligible for funds appropriated to develop
independently accredited community and technical colleges, a state
institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact approved
by the council and the commission a step-by-step plan with
measurable benchmarks for developing an independently accredited
community and technical college that meets the essential conditions
set forth in section three of this article;
(2) That it is able to offer evidence annually to the
satisfaction of the council and the commission that it is making
progress toward accomplishing the benchmarks established in its
institutional compact for developing an independently accredited
community and technical college; and
(3) That it has submitted an expenditure schedule approved by
the council and the commission which sets forth a proposed plan of
expenditures for funds allocated to it from the fund.
(c) The following are recommended strategies for moving from
the current arrangement of "component" community and technical
colleges to the legislatively mandated statewide network of
independently accredited community and technical colleges serving every region of the state. The Legislature recognizes that there
may be other means to achieve this ultimate objective; however, it
is the intent of the Legislature that the move from the current
arrangement of "component" community and technical colleges to the
legislatively mandated statewide network of independently accredited
community and technical colleges serving every region of the state
shall be accomplished. The following recommendations are designed
to reflect significant variations among regions and the potential
impacts on the sponsoring institutions.
(1) New River community and technical college. -- of Bluefield
state college
(A) Bluefield state shall retain its existing mission but place
greater emphasis and priority on its community and technical college
role and serving the citizens of its expanded service district.
Subject to the provisions of section twelve of this article, the
community and technical college will remain administratively linked
to Bluefield state college. Nothing herein may be construed to
require Bluefield state college to discontinue any associate degree
program in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution.
(B) Effective the first day of July, two thousand three, the component formerly known as Bluefield state community and technical
college shall become a
(A) There is continued the multicampus entity known as New
River community and technical college, administratively linked to
Bluefield state college. The multicampus community and technical
college shall serve Raleigh, Summers, Fayette, Greenbrier, Clay,
Mercer, McDowell, Monroe, Nicholas, Pocahontas, and Webster counties
and be New River community and technical college is headquartered
in the Beckley higher education center and incorporates the campuses
of Greenbrier community college center of New River community and
technical college and Nicholas community college center of New River
community and technical college. The West Virginia council for
community and technical college education New River community and
technical college shall be an independently accredited community and
technical college. The council shall appoint an institutional board
of advisors, pursuant to section one, article six of this chapter,
for New River community and technical college which is separate from
the institutional board of governors of Bluefield state college.
The board of advisors shall become the board of governors pursuant
to section one, article two-a of this chapter when the institution
achieves independent accreditation.
_____(B) Bluefield state college may continue associate degree
programs in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided through
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the council and
the governing board of the sponsoring institution. The final
contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
_____(C) Bluefield state college may continue the associate of
science degree in nursing which is an existing nationally accredited
associate degree program in an area of particular institutional
strength and which is closely articulated to the baccalaureate
program and mission. The program is of a high-cost nature and can
best be provided through direct administration by a baccalaureate
institution. This program may not be transferred to New River
community and technical college or any other community and technical
college as long as the program maintains national accreditation and
is seamlessly coordinated into the baccalaureate program at the institution.
_____(C) Bluefield state college shall take immediate steps to seek
independent accreditation of
(D) By the first day of July, two thousand five, New River
community and technical college including all sites within its
revised service district shall be independently accredited. The
president and the board of governors of Bluefield state college are
responsible for obtaining independent accreditation of the community
and technical college. by the thirty-first day of December, two
thousand four If the multi-campus entity known as New River
community and technical college has not obtained independent
accreditation by this date, the commission council shall choose one
of the following options:
(i) Create New River as a freestanding community and technical
college; or
(ii) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
(D) (E) The president and the board of governors of Bluefield
state college also are accountable to the commission council for
ensuring that the full range of community and technical college
services is available throughout the region and that New River
community and technical college adheres to the essential conditions
pursuant to section three of this article.
(E) (F) As an independently accredited community and technical
college, New River also shall serve as a higher education center for
its region by brokering with other colleges, universities and other
providers, in state and out of state, both public and private, to
ensure the coordinated access of students, employers and other
clients to needed programs and services.
(F) (G) New River community and technical college shall
facilitate participate in the planning and development of a unified
effort involving multiple providers and facilities, including, but
not limited to, Concord college, the college of West Virginia,
Marshall university, West Virginia university, West Virginia
university institute of technology, and other entities to meet the
documented education and work force development needs in the region.
Nothing in this subdivision prohibits or limits any existing, or the
continuation of any existing, affiliation between the college of
West Virginia mountain state university, West Virginia university
institute of technology and West Virginia university. New River
community and technical college also shall provide the facilities
and support services for other public and private institutions
delivering courses, programs and services in Beckley. The objective
is to assure students and employers in the area that there is
coordination and efficient use of resources among the separate
programs and facilities, existing and planned, in the Beckley area.
(2) Fairmont state community and technical college. -- Fairmont
state community and technical college shall be is an independently
accredited community and technical college. serving Marion,
Doddridge, Barbour, Harrison, Monongalia, Preston, Randolph Taylor,
Braxton, Calhoun, Gilmer, Lewis, and Upshur counties. The community
and technical college is developed on the base of the existing
component community and technical college of Fairmont state college.
Subject to the provisions of this section, the president and the
governing board of Fairmont state college are responsible, according
to a plan approved by the commission council, for step-by-step
implementation of the independently accredited community and
technical college which adheres to the essential conditions pursuant
to section three of this article. Subject to the provisions of
section twelve of this article, the community and technical college
will remain administratively linked to Fairmont state college.
Nothing herein may be construed to require Fairmont state college
to discontinue any associate degree program Fairmont state college
may continue associate degree programs in areas of particular
institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the council and through contract with the community and technical college. The terms of the contract shall
be negotiated between the council and the governing board of the
sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the
benchmarks, the program shall thereafter be delivered by the
community and technical college.
(3) Marshall university community and technical college. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia university
institute of technology. Pursuant to the recommendation of the
implementation board and of the commission, Marshall university
community and technical college shall become is an independently
accredited community and technical college. It shall serve Cabell,
Kanawha, Mason, Putnam and Wayne counties. The new community and
technical college is developed on the base of the existing component
community and technical college of Marshall university. Subject to the provisions of this section, the president and the governing
board of Marshall university are responsible, according to a plan
approved by the commission council, for step-by-step implementation
of the new independently accredited community and technical college
which adheres to the essential conditions pursuant to section three
of this article. Subject to the provisions of section twelve of
this article, the community and technical college will remain
administratively linked to Marshall university. Nothing herein may
be construed to require Marshall university to discontinue any
associate degree program Marshall university may continue associate
degree programs in areas of particular institutional strength which
are closely articulated to their baccalaureate programs and missions
or which are of a high-cost nature and can best be provided in
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the council and
the governing board of the sponsoring institution. The final
contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(4) Shepherd The community and technical college of Shepherd.
-- Shepherd The community and technical college of Shepherd shall
become an independently accredited community and technical college.
It shall serve Jefferson, Berkeley and Morgan counties. The new
community and technical college is developed on the base of the
existing component community and technical college of Shepherd
college. Subject to the provisions of this section, the president
and the governing board of Shepherd college are responsible,
according to a plan approved by the commission council, for
step-by-step implementation of the new independently accredited
community and technical college which adheres to the essential
conditions pursuant to section three of this article. Subject to
the provisions of section twelve of this article, the community and
technical college will remain administratively linked to Shepherd
college. Nothing herein may be construed to require Shepherd
college to discontinue any associate degree program Shepherd college
may continue associate degree programs in areas of particular
institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the council and through contract with the community and technical college. The terms of the contract shall
be negotiated between the council and the governing board of the
sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the
benchmarks, the program shall thereafter be delivered by the
community and technical college.
(5) West Virginia state community and technical college. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia university
institute of technology. Pursuant to the recommendation of the
implementation board and of the commission, West Virginia state
community and technical college shall become an independently
accredited community and technical college. It shall serve Kanawha,
Putnam and Clay counties. The new community and technical college
is developed on the base of the existing component community and
technical college of West Virginia state college. Subject to the provisions of this section, the president and the governing board
of West Virginia state college are responsible, according to a plan
approved by the commission council, for step-by-step implementation
of the new independently accredited community and technical college
which adheres to the essential conditions pursuant to section three
of this article. Subject to the provisions of section twelve of
this article, the community and technical college will remain
administratively linked to West Virginia state college. Nothing
herein may be construed to require West Virginia state college to
discontinue any associate degree program West Virginia state college
may continue associate degree programs in areas of particular
institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the council and the governing board of the
sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the
community and technical college.
(6) The community and technical college at West Virginia
university institute of technology. -- Senate Bill 653 created an
implementation board charged with the responsibility to develop a
plan, to be recommended to the commission, for the most effective
and efficient method to deliver comprehensive community and
technical college education to the citizens and employers of the
responsibility areas of Marshall university, West Virginia state
college and West Virginia university institute of technology.
Pursuant to the recommendation of the implementation board and of
the commission The community and technical college at West Virginia
university institute of technology community and technical college
shall become is an independently accredited community and technical
college. It shall serve Fayette, Clay, Kanawha, Raleigh and
Nicholas counties. The new community and technical college is
developed on the base of the existing component community and
technical college of West Virginia university institute of
technology. Subject to the provisions of this section, the
president and the governing board of West Virginia university
institute of technology are responsible, according to a plan
approved by the commission, for step-by-step implementation of the
new independently accredited community and technical college which adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to West Virginia university institute of
technology. Nothing herein may be construed to require West
Virginia university institute of technology to discontinue any
associate degree program West Virginia university institute of
technology may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the contract
shall be negotiated between the council and the governing board of
the sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the
benchmarks, the program shall thereafter be delivered by the
community and technical college.
_____(d) For each administratively linked community and technical college which fails to achieve independent accreditation by the
first day of July, two thousand five, the council shall choose one
of the following options:
_____(1) Create the administratively linked institution as a
freestanding community and technical college; or
_____(2) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
_____The president and the board of governors of each sponsoring
institution is accountable to the council for ensuring that the
community and technical college is able to meet the conditions for
independent accreditation and adheres to the essential conditions
pursuant to section three of this article.
§18B-3C-9. Increasing flexibility for community and technical
colleges.
(a) Notwithstanding any rules or procedures of the governing
boards to the contrary, the community and technical colleges have
the authority and the duty to:
(1) Incorporate the most effective and efficient use of
technology in accessing and delivering courses and programs in order
to make the best use of available resources and to control costs;
(2) Incorporate a model to offer occupational program curricula
in smaller modules to accommodate specific student and employer
needs and to gain sufficient flexibility in formatting courses;
(3) Serve as a facilitator for education programs from outside
delivery sources to meet the needs of the residents and employers
of the district; and
(4) Employ faculty in the most effective manner to serve the
core mission of the community and technical college.
(A) To that end, the freestanding community and technical
colleges may employ faculty for an indefinite period without a grant
of tenure and shall work toward a staffing goal of no more than
twenty percent of the faculty holding tenure or being tenure-track
employees. Provided, That tenured Tenured faculty employed by the
freestanding community and technical colleges before the first day
of July, one thousand nine hundred ninety-nine, shall not be are not
affected by this provision.
(B) All community and technical colleges, other than those set
forth in paragraph (A) of this subdivision, may employ faculty for
an indefinite period without a grant of tenure. The immediate goal
is to use this provision as a tool to assist the community and
technical colleges in meeting the essential conditions provided for
in section three of this article and in gaining independent
accreditation status. The ultimate goal is to provide the
flexibility community and technical colleges need to meet the needs
of the state by working toward having no more than twenty percent
of the core faculty holding tenure or being tenure-track employees. Provided, That tenured Tenured faculty employed by community and
technical colleges other than freestanding community and technical
colleges on the effective date of this section the thirtieth day of
June, two thousand, may not be affected by this provision.
Provided, however, That tenure shall Tenure may not be denied to a
faculty member solely as a result of change in employing institution
necessitated by the change to independently accredited community and
technical colleges.
(b) The governing boards shall adopt a model of program
approval for the community and technical colleges that permits
occupational programs to be customized to meet needs without
requiring approval by any governing board or other agency of
government. and, furthermore, that incorporates The model shall
incorporate a post-audit review of such programs on a three-year
cycle to determine the effectiveness of such the programs in meeting
district needs.
(c) The interim governing board or the chancellor council shall
promulgate rules to implement the provisions of this section and
shall file these rules for review and approval with the chancellor
no later than the first day of December, two thousand four.
§18B-3C-10. Freestanding community and technical colleges; tuition
and fees.
(a) During the transition year, beginning the first day of July, two thousand, and ending the thirtieth day of June, two
thousand one, the appropriate governing board may fix tuition and
establish and set such other fees to be charged students at
community and technical colleges as it considers appropriate and
shall pay such tuition and fees collected into a revolving fund for
the partial or full support, including the making of capital
improvements, of any community and technical college. Funds
collected at any such community and technical college may be used
only for the benefit of that community and technical college. The
appropriate governing board also may establish special fees for such
purposes as, including, but not limited to, health services, student
activities, student recreation, athletics or any other
extracurricular purposes. Such special fees shall be paid into
special funds in the state treasury and used only for the purposes
for which collected.
(b) Beginning on the first day of July, two thousand one, the
appropriate
(a) Each governing board may fix tuition and establish and set
such other fees to be charged students at its community and
technical colleges college as it considers appropriate, subject to
the provisions of subdivision (2) of this subsection and article
ten, chapter eighteen-b of this code.
(1) As used in this subsection, "appropriate governing board" means:
(A) The governing board of the institution, in the case of a
free-standing community and technical college; and
_____(B) The governing boards of Glenville state college and
Bluefield state college, respectively, in the cases of Glenville
community and technical college and Bluefield community and
technical college; and
(C) The institutional board of advisors in all other cases.
(2) (1) The appropriate governing board, in consultation with
the joint commission council, also may establish special fees for
such purposes as, including, but not limited to, health services,
student activities, student recreation, athletics or any other
extracurricular purposes. Provided, That the joint commission The
council shall determine which fees, if any, do not apply to the
entire student population and to which students such fees do not
apply. Such special fees may be used only for the purposes for
which collected.
(3) (2) A community and technical college may contract with any
other state institution of higher education for the participation
of its students in programs, activities or services of the other
institution and for the use of such fees collected.
(c) (b) All tuition and fee charges in the total aggregate
shall comply with the terms of the institution's compact approved by the commission council, based on peer comparisons or cost of
instruction as set forth in the goals for post-secondary education
pursuant to section one-a, article one of this chapter.
§18B-3C-12. Relationship between administratively linked community
and technical colleges and sponsoring institutions.
(a) Intent and purposes. --
(1) It is the intent of the Legislature to establish community
and technical colleges in every region of the state of West Virginia
that as far as possible that meet the essential conditions of
section three of this article.
(2) The Legislature finds that, in order to increase
efficiency, reduce costs and, generally, to facilitate the effective
transition from community and technical colleges which are
components of existing institutions of higher education to community
and technical colleges which meet as far as possible the essential
conditions, it is appropriate to maintain an administrative link
between the community and technical colleges and the sponsoring
institutions.
(3) This section defines the relationship between the an
administratively linked community and technical colleges college and
its sponsoring institution.
(b) Where an independently accredited community and technical
colleges are is linked administratively to a sponsoring state college or university in order to ensure efficient use of limited
resources, the following conditions shall apply:
(1) The community and technical college shall be accredited
separately from the sponsoring institution;
(2) All state funding allocations for the community and
technical college shall be transferred directly to the community and
technical college. The sponsoring institution may charge fees for
administrative overhead costs subject to a schedule approved by the
commission council.
(A) By the first day of December, two thousand four, the
council shall develop a new model, or select an existing model, for
services to be provided by sponsoring institutions and the fees to
be charged administratively linked community and technical colleges
for the services. The fee schedule shall be based upon the
reasonable and customary fee for any service and shall bear a
rational relationship to the cost of providing the service. Nothing
in this paragraph requires the council to adopt a particular model
for service delivery.
_____(B) With the approval of the council, a community and technical
college and the sponsoring institution may customize the model to
fit their needs;
(3) Policies shall be formally established to ensure the
separation of academic and faculty personnel policies of the community and technical college from those of the sponsoring
institution. These policies include, but are not limited to,
appointment, promotion, workload and, if appropriate, tenure; and
_____(4) The council may authorize a community and technical college
to decline any service of the sponsoring institution provided in
subsection (c) of this section if the council determines that the
service is not appropriate for the community and technical college,
or that declining the service is in the best interest of the
community and technical college. Any service declined may be
obtained from an alternate source with the approval of the council.
(c) The sponsoring institution which is administratively linked
to a community and technical college shall provide the following
services:
(1) Personnel management;
(2) Recordkeeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Such other services as determined to be necessary and
appropriate by the commission council.
(d) Subject to the approval of the appropriate governing board,
the president of the sponsoring institution, pursuant to the terms
of section six, article one-b of this chapter, shall appoint the
presidents The institutional governing board shall appoint the
president of the community and technical college, who shall serve
serves at the will and pleasure of the institutional president
governing board. Subject to the provisions of section six, article
one-b of this chapter, the appropriate governing board shall appoint
the president of the sponsoring institution.
(e) The governing board and the president of the sponsoring
institution shall be council are responsible for the step-by-step
development of the community and technical college and for
compliance with the essential conditions, all as required by this
article.
(f) The president of the sponsoring institution shall have
community and technical college has such responsibilities, powers
and duties in the development of the community and technical college
and in compliance with the essential conditions, as directed by the
governing board or as are necessary for the proper implementation
of the provisions of this act.
(g) Notwithstanding any other provision of this code to the
contrary, the commission shall take necessary steps to ensure that
institutional bonded indebtedness is secure and that each administratively linked community and technical colleges assume
their college assumes its fair share of any institutional debt
acquired while they were it was part of the baccalaureate
institution.
(h) The community and technical college is encouraged to secure
academic services from the sponsoring institution when it is in the
best interests of the students to be served, the community and
technical college and the sponsoring institution. In determining
whether or not to secure services from the sponsoring institution,
the community and technical college shall consider the following:
(1) The cost of the academic services;
(2) The quality of the academic services;
(3) The availability, both as to time and place, of the
academic services; and
(4) Such other considerations as the community and technical
college finds appropriate taking into account the best interests of
the students to be served, the community and technical college, and
the sponsoring institution. Provided, That, nothing in this article
shall be construed to prohibit Nothing in this article prohibits any
state institution of higher education from purchasing or brokering
remedial and/or or developmental courses from a community and
technical college.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Employment of chancellors; designation of staff; offices.
(a) At its annual meeting in June of each year, each governing
board shall elect from its members appointed by the governor a
president and other officers as it may consider necessary or
desirable: Provided, That the initial annual meeting shall be held
during July, one thousand nine hundred eighty-nine. The president
and other officers shall be elected for a one-year term commencing
on the first day of July following the annual meeting and ending on
the thirtieth day of June of the following year. The president of
the board shall serve no more than two consecutive terms.
(b) Each governing board shall employ a chancellor who shall
serve at the will and pleasure of the employing board and shall
assist the governing board in the performance of its duties and
responsibilities. No
(a) The council and commission each shall employ a chancellor
to assist in the performance of their respective duties and
responsibilities subject to the following conditions:
_____(1) Each chancellor serves at the will and pleasure of the
hiring body.
_____(2) Neither chancellor may hold or retain any other
administrative position within the system of higher education while
employed as chancellor.
(3) Each chancellor is responsible for carrying out the directives of the governing board by which he or she is body by whom
employed and shall work with the board that body in developing
policy options.
_____(4) The commission shall designate a limited number of
positions that are under the direct control and supervision of the
chancellor for higher education. These positions form the nuclear
staff of the chancellor's office and may equal no more than fifteen
percent of the total number of staff employed by the commission.
_____Nevertheless, regardless of the number or title of the
positions so designated, the commission is responsible to the
council and the chancellor for community and technical college
education for providing services in areas essential to exercising
the powers and duties assigned to the council by law. The
commission may not charge the council any fee for the provision of
these essential services. The service areas include, but are not
limited to, legal services, research, technology, computing, finance
and facilities, academic affairs, telecommunications, human
resources, student services and any other general areas the council
considers to be essential to the exercise of its legal authority.
The services are provided under the general supervision of the vice
chancellor for administration.
_____(5) For the purpose of developing or evaluating policy options,
the chancellors may request the assistance of the presidents and other administrative heads of the institutions under their
jurisdiction and their staffs. The respective chancellors shall
jointly agree to and shall hire one senior administrator who shall
serve at their will and pleasure in accordance with section two of
this article. and staff of the institutions under their respective
jurisdictions.
_____(b) In addition to the staff positions designated in
subdivision (4), subsection (a) of this section, the vice chancellor
for administration, employed pursuant to section two of this
article, serves the offices of the chancellors to discharge jointly
the duties and responsibilities of the council and commission.
(c) The vice chancellor for health sciences shall coordinate
the West Virginia university school of medicine, the Marshall
university school of medicine and the West Virginia school of
osteopathic medicine.
(d) Suitable offices for the senior administrator vice
chancellor of administration and other staff shall be provided in
Charleston.
(e) The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall establish a plan and funding recommendations
for development and implementation of a multifaceted instructional
technology strategy that includes, but is not limited to, a goal that every full-time freshman student beginning in the fall
semester, one thousand nine hundred ninety-six, and thereafter, and
as many other students and faculty as possible will own or lease a
computer, and alternatively that computers be available for
part-time students through on-site labs; the integration of computer
usage into all course work; the involvement of faculty in the
development and use of technology-based instruction and
instructional courseware for community and technical colleges,
colleges and universities; and the expansion of distance learning
and technology networks throughout the higher education systems to
enhance teaching and learning, promote access to quality educational
offerings with minimum duplication of effort, increase the delivery
of instruction to nontraditional students, provide services to
business and industry, and increase the management capabilities of
the higher education system. The chancellors shall submit the plan
to the Legislature on or before the first day of July, one thousand
nine hundred ninety-seven.
The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall supervise the administration, oversight,
coordination and implementation of the plan, or portions of the
plan, subject to the availability of funds and the direction of the
governing boards. In addition, the chancellors shall review all technology related matters within the department of education and
the arts and suggest appropriate integration and compatibility of
the technology systems within the department and the institutions
governed by the board.
(f) The governing boards shall jointly employ a vice chancellor
for community and technical education pursuant to the provisions of
section three-a, article three of this chapter.
§18B-4-2. Employment of vice chancellor for administration;
office; powers and duties generally.
(a) With the approval of The commission the chancellor for
higher education shall employ the vice chancellor for administration
who shall serve at the will and pleasure of the chancellor. By and
with the advice and consent of the council, the commission shall
employ a vice chancellor for administration who may not be dismissed
without the consent of the council:
_____(1) The individual serving as vice chancellor for
administration on the effective date of this section may continue
to serve on an interim basis until the commission and the council
have agreed, jointly, on a candidate to fill the position;
_____(2) The interim vice chancellor for administration may be
considered as a candidate for the position;
_____(3) The position shall be filled on a permanent basis no later
than the first day of October, two thousand four; and
_____(4) Any vacancy occurring in this position shall be filled
pursuant to the requirements of this section.
_____(b) Any reference in this chapter or chapter eighteen-c of this
code to the senior administrator means the vice chancellor for
administration. which senior administrator shall become the vice
chancellor of administration and also shall serve as interim
chancellor for higher education until a chancellor is employed
pursuant to section five, article one-b of this chapter.
(b) (c) The vice chancellor for administration has a
ministerial duty, in consultation with and under direction of the
chancellor chancellors, to perform such functions, tasks and duties
as may be necessary to carry out the policy directives of the
council and commission and such other duties as may be prescribed
by law.
(c) (d) The vice chancellor for administration may employ and
discharge, and shall supervise such professional, administrative,
clerical and other employees as may be necessary to these duties and
shall delineate staff responsibilities as considered desirable and
appropriate. It is the responsibility of the vice chancellor for
administration, within the parameters of the total resources
available, to supervise and direct the staff in such a way that the
staff and resource needs of the council, the commission and the
offices of the chancellors are met. The vice chancellor for administration shall fix the compensation and emoluments of such
employees: Provided, That those employees
_____(e) Any employee of the commission or the council whose job
duties meet criteria listed in the system of job classifications as
stated in article nine of this chapter shall be is accorded the job
title, compensation and rights established in the article as well
as all other rights and privileges accorded classified employees by
the provisions of this code.
(d) (f) Effective on the first day of July, two thousand, the
The office of the senior administrator vice chancellor for
administration and all personnel, except for the chancellor for
community and technical college education and staff transferred to
the jurisdiction of the council pursuant to subsection (a), section
seven, article two-b of this chapter, who are employed on the
thirtieth day of June first day of January, two thousand four,
within the higher education central office and the West Virginia
network for educational telecomputing, and the offices of the
chancellor of the board of trustees and the chancellor of the board
of directors shall be transferred to the jurisdiction of the
chancellor for higher education: Provided, That prior remain under
the jurisdiction of the commission. Prior to the first day of
October, two thousand no employee shall four, any such employee may
not be terminated or have his or her salary and benefit levels reduced as the sole result of the governance reorganization that
becomes effective on the first day of July, two thousand higher
education reorganization that occurs on the effective date of this
section.
(e) (g) The vice chancellor for administration shall follow
state and national education trends and gather data on higher
education needs.
(f) (h) The vice chancellor for administration, in accordance
with established guidelines and in consultation with and under the
direction of the chancellor chancellors, shall administer, oversee
or monitor all state and federal student assistance and support
programs administered on the state level, including those provided
for in chapter eighteen-c of this code.
(g) (i) The vice chancellor for administration has a fiduciary
responsibility to administer the tuition and registration fee
capital improvement revenue bond accounts of the governing boards.
(h) (j) The vice chancellor for administration shall administer
the purchasing system or systems of the council and commission, the
office of the chancellor offices of the chancellors and the
governing boards. Provided, That the chancellor By mutual
agreement, the commission and the council may delegate authority for
the purchasing systems or portions thereof to the institution
presidents.
(i) (k) The vice chancellor for administration is responsible
for the management of the West Virginia network for educational
telecomputing (WVNET). The vice chancellor for administration shall
establish a computer advisory board, which shall be representative
of higher education and other users of the West Virginia network for
educational telecomputing as the chancellor for higher education
commission and council determines determine appropriate. It is the
responsibility of the computer advisory board to recommend to the
chancellor commission and the council policies for a statewide
shared computer system.
(j) (l) The central office, under the direction of the vice
chancellor for administration, shall provide necessary staff support
to the commission, and the office of the chancellor the council and
offices of the chancellors.
(k) (m) Effective on the first day of July, two thousand the
The vice chancellor for administration may administer any program
or service authorized or required to be performed by the board of
trustees or the board of directors on the thirtieth day of June, two
thousand, and not specifically assigned to another agency. In
addition, the vice chancellor for administration may administer any
program or service authorized or required to be performed by the
commission, or the chancellor for higher education council or
chancellors, but not assigned specifically to the commission, or the chancellor council or chancellors. Any such program or service may
include, but shall not be is not limited to, telecommunications
activities and other programs and services provided for under grants
and contracts from federal and other external funding sources.
§18B-4-7. Accreditation of institutions of higher education;
standards for degrees.
(a) The appropriate governing board council shall make rules
for the accreditation of community and technical colleges in this
state and shall determine the minimum standards for conferring
degrees. The commission shall make rules for the accreditation of
institutions of higher education colleges and universities in this
state under its jurisdiction and shall determine the minimum
standards for the conferring of degrees. No An institution of
higher education may not confer any degree on any basis of work or
merit below the minimum standards prescribed by the appropriate
governing board council or commission. Nothing contained herein
shall infringe in this section infringes upon the rights, including
rights to award degrees, granted to any institution by charter given
according to law, or by actions of the governing boards council or
commission or their predecessors, prior to the adoption effective
date of this section. With the approval of the commission, governing
boards of institutions which currently offer substantial
undergraduate course offerings and a master's degree in a discipline are authorized to grant baccalaureate degrees in that discipline.
_____No Except as otherwise provided in this section, a charter or
other instrument containing the right to confer degrees of higher
educational education status shall may not be granted by the state
of West Virginia to any institution, association or organization
within the state, nor shall may any such degree be awarded, until
the condition of conferring such the degree has first been approved
in writing by the appropriate governing board council or commission.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment, services and printing.
(a) The council, commission and each governing board, through
the vice chancellor for administration, shall purchase or acquire
all materials, supplies, equipment, services and printing required
for that governing board or the council or commission, as
appropriate, and the state institutions of higher education under
their jurisdiction. The commission and council jointly shall adopt
rules governing and controlling acquisitions and purchases in
accordance with the provisions of this section. The rules shall
assure that the council, commission and the governing boards:
(1) Do not preclude any person from participating and making
sales thereof to the governing board or to the council or commission
except as otherwise provided in section five of this article. Provision of consultant services such as strategic planning services
will not preclude or inhibit the governing boards, or the council
or commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services;
(2) Establish and prescribe specifications, in all proper
cases, for materials, supplies, equipment, services and printing to
be purchased;
(3) Adopt and prescribe such purchase order, requisition or
other forms as may be required;
(4) Negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market or
through other accepted methods of governmental purchasing as may be
practicable in accordance with general law;
(5) Advertise for bids on all purchases exceeding twenty-five
thousand dollars, to purchase by means of sealed bids and
competitive bidding or to effect advantageous purchases through
other accepted governmental methods and practices;
(6) Post notices of all acquisitions and purchases for which
competitive bids are being solicited in the purchasing office of the
specified institution involved in the purchase, at least two weeks
prior to making such purchases and ensure that the notice is
available to the public during business hours;
(7) Provide for purchasing in the open market;
(8) Make provision Provide for vendor notification of bid
solicitation and emergency purchasing; and
(9) Provide that competitive bids are not required for
purchases of five twenty-five thousand dollars or less; and
_____(10) Provide for not fewer than three bids where bidding is
required. If fewer than three bids are submitted, an award may be
made from among those received.
(b) The council, commission or each governing board, through
the vice chancellor for administration, may issue a check in advance
to a company supplying postage meters for postage used by that
board, the council or commission and by the state institutions of
higher education under their jurisdiction.
(c) When a purchase is to be made by bid, any or all bids may
be rejected. However, all purchases based on advertised bid
requests shall be awarded to the lowest responsible bidder taking
into consideration the qualities of the articles to be supplied,
their conformity with specifications, their suitability to the
requirements of the governing boards, the council or commission and
delivery terms. The preference for resident vendors as provided in
section thirty-seven, article three, chapter five-a of this code
apply to the competitive bids made pursuant to this section.
(d) The governing boards, council and the commission shall maintain a purchase file, which shall be a public record and open
for public inspection. After the award of the order or contract,
the governing boards, council and the commission shall indicate upon
the successful bid that it was the successful bid and shall further
indicate why bids are rejected and, if the mathematical low vendor
is not awarded the order or contract, the reason therefor. No
records A record in the purchase file may not be destroyed without
the written consent of the legislative auditor. Those files in
which the original documentation has been held for at least one year
and in which the original documents have been reproduced and
archived on microfilm or other equivalent method of duplication may
be destroyed without the written consent of the legislative auditor.
All files, no matter the storage method, shall be open for
inspection by the legislative auditor upon request.
(e) The commission and council also jointly shall adopt rules
to prescribe qualifications to be met by any person who is to be
employed as a buyer pursuant to this section. These rules shall
require that no a person may not be employed as a buyer unless that
person, at the time of employment, either is:
(1) A graduate of an accredited college or university; or
(2) Has at least four years' experience in purchasing for any
unit of government or for any business, commercial or industrial
enterprise.
(f) Any person making purchases and acquisitions pursuant to
this section shall execute a bond in the penalty of fifty thousand
dollars, payable to the state of West Virginia, with a corporate
bonding or surety company authorized to do business in this state
as surety thereon, in form prescribed by the attorney general and
conditioned upon the faithful performance of all duties in
accordance with this section and sections five through eight,
inclusive, of this article and the rules of the interim governing
board and the council and commission. In lieu of separate bonds for
such buyers, a blanket surety bond may be obtained. Any such bond
shall be filed with the secretary of state. The cost of any such
bond shall be paid from funds appropriated to the applicable
governing board or the council or commission.
(g) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article two,
chapter five-a of this code, relating to expenditure schedules and
quarterly allotments of funds.
(h) The governing boards, council and the commission may make
requisitions upon the auditor for a sum to be known as an advance
allowance account, in no case to not to exceed five percent of the
total of the appropriations for the governing board, council or the
commission, and the auditor shall draw a warrant upon the treasurer for such accounts. All advance allowance accounts shall be
accounted for by the applicable governing board or the council or
commission once every thirty days or more often if required by the
state auditor.
(i) Contracts entered into pursuant to this section shall be
signed by the applicable governing board or the council or
commission in the name of the state and shall be approved as to form
by the attorney general. A contract which requires approval as to
form by the attorney general and for which is considered approved
if the attorney general has not responded within fifteen days of
presentation of the contract. the contract shall be considered
approved. A contract or a change order for that contract and
notwithstanding any other provision of this code to the contrary,
associated documents such as performance and labor/material
payments, bonds and certificates of insurance which use terms and
conditions or standardized forms previously approved by the attorney
general and do not make substantive changes in the terms and
conditions of the contract do not require approval by the attorney
general. The attorney general shall make a list of those changes
which he or she deems to be substantive and the list, and any
changes thereto, shall be published in the state register. A
contract that exceeds fifteen thousand dollars shall be filed with
the state auditor. If requested to do so, the governing boards, council or the commission shall make all contracts available for
inspection by the state auditor. The governing board, council or
the commission, as appropriate, shall prescribe the amount of
deposit or bond to be submitted with a bid or contract, if any, and
the amount of deposit or bond to be given for the faithful
performance of a contract.
(j) If the governing board, council or the commission purchases
or contracts for materials, supplies, equipment, services and
printing contrary to the provisions of sections four through seven
of this article or the rules pursuant thereto, such purchase or
contract shall be is void and of no effect.
(k) Any governing board or the council or commission, as
appropriate, may request the director of purchases to make
available, from time to time, the facilities and services of that
department to the governing boards, council or the commission in the
purchase and acquisition of materials, supplies, equipment, services
and printing and the director of purchases shall cooperate with that
governing board, council or the commission, as appropriate, in all
such purchases and acquisitions upon such request.
(l) Each governing board or the council or commission, as
appropriate, shall permit private institutions of higher education
to join as purchasers on purchase contracts for materials, supplies,
services and equipment entered into by that governing board or the council or commission. Any private school desiring to join as
purchasers on such purchase contracts shall file with that governing
board or the council or commission an affidavit signed by the
president of the institution of higher education or a designee
requesting that it be authorized to join as purchaser on purchase
contracts of that governing board or the council or commission, as
appropriate. The private school shall agree that it is bound by
such terms and conditions as that governing board or the council or
commission may prescribe and that it will be responsible for payment
directly to the vendor under each purchase contract.
(m) Notwithstanding any other provision of this code to the
contrary, the governing boards, council and the commission, as
appropriate, may make purchases from cooperative buying groups,
consortia, the federal government or from federal government
contracts if the materials, supplies, services, equipment or
printing to be purchased is available from cooperative buying
groups, consortia, the federal government or from a federal contract
and purchasing from the cooperative buying groups, consortia,
federal government or from a federal government contract would be
the most financially advantageous manner of making the purchase.
(n) An independent performance audit of all purchasing
functions and duties which are performed at any institution of
higher education shall be performed each fiscal year. The joint committee on government and finance shall conduct the performance
audit and the governing boards, council and the commission, as
appropriate, shall be are responsible for paying the cost of the
audit from funds appropriated to the governing boards, council or
the commission.
(o) The governing boards shall require each institution under
their respective jurisdictions to notify and inform every vendor
doing business with that institution of the provisions of section
fifty-four, article three, chapter five-a of this code, also known
as the "prompt pay act of 1990".
(p) Consultant services, such as strategic planning services,
may not preclude or inhibit the governing boards, council or the
commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services.
(q) After the commission or council, as appropriate, has
granted approval for lease-purchase arrangements by the governing
boards, a governing board may enter into lease-purchase arrangements
for capital improvements, including equipment. Any lease-purchase
arrangement so entered shall constitute a special obligation of the
state of West Virginia. The obligation under a lease-purchase
arrangement so entered may be from any funds legally available to
the institution and must be cancelable at the option of the governing board or institution at the end of any fiscal year. The
obligation, any assignment or securitization thereof, shall never
constitute never constitutes an indebtedness of the state of West
Virginia or any department, agency or political subdivision thereof,
within the meaning of any constitutional provision or statutory
limitation, and may not be a charge against the general credit or
taxing powers of the state or any political subdivision thereof. and
such Such facts shall be plainly stated in any lease-purchase
agreement. Further, the lease-purchase agreement shall prohibit
assignment or securitization without consent of the lessee and the
approval of the attorney general of West Virginia. Proposals for any
arrangement must be requested in accordance with the requirements
of this section and any rules or guidelines of the commission and
council. In addition, any lease-purchase agreement which exceeds
one hundred thousand dollars total shall be approved by the attorney
general of West Virginia. The interest component of any
lease-purchase obligation shall be is exempt from all taxation of
the state of West Virginia, except inheritance, estate and transfer
taxes. It is the intent of the Legislature that if the requirements
set forth in the Internal Revenue Code of 1986, as amended, and any
regulations promulgated pursuant thereto are met, the interest
component of any lease-purchase obligation also shall be is exempt
from the gross income of the recipient for purposes of federal income taxation and may be designated by the governing board or the
president of the institution as a bank-qualified obligation.
(r) Notwithstanding any other provision of this code to the
contrary, the commission, council and the governing boards have the
authority, in the name of the state, to lease, or offer to lease,
as lessee, any grounds, buildings, office or other space in
accordance with this paragraph and as provided below:
(1) The commission, council and the governing boards have sole
authority to select and to acquire by contract or lease all grounds,
buildings, office space or other space, the rental of which is
necessarily required by the commission, council or governing boards
for the institutions under their jurisdiction. The chief executive
officer of the commission, council or an institution shall certify
the following:
(A) That the grounds, buildings, office space or other space
requested is necessarily required for the proper function of the
commission, council or institution;
(B) That the commission, council or institution will be
responsible for all rent and other necessary payments in connection
with the contract or lease; and
(C) That satisfactory grounds, buildings, office space or other
space is not available on grounds and in buildings now currently
owned or leased by the commission, council or the institution.
Before executing any rental contract or lease, the commission,
council or a governing board shall determine the fair rental value
for the rental of the requested grounds, buildings, office space or
other space, in the condition in which they exist, and shall
contract for or lease the premises at a price not to exceed the fair
rental value.
(2) The commission, council and the governing boards are
authorized to enter into long-term agreements for buildings, land
and space for periods longer than one fiscal year but not to exceed
forty years. Any purchase of real estate, any lease-purchase
agreement and any construction of new buildings or other acquisition
of buildings, office space or grounds resulting therefrom, pursuant
to the provisions of this subsection shall be presented by the
policy commission or council, as appropriate, to the joint committee
on government and finance for prior review. Any such lease shall
contain, in substance, all the following provisions:
(A) That the commission, council or the governing board, as
lessee, have has the right to cancel the lease without further
obligation on the part of the lessee upon giving thirty days'
written notice to the lessor at least thirty days prior to the last
day of the succeeding month;
(B) That the lease shall be is considered canceled without
further obligation on the part of the lessee if the Legislature or the federal government fails to appropriate sufficient funds
therefor or otherwise acts to impair the lease or cause it to be
canceled; and
(C) That the lease shall be is considered renewed for each
ensuing fiscal year during the term of the lease unless it is
canceled by the commission, council or the governing board before
the end of the then-current fiscal year.
(3) The commission, council or an institution which is granted
any grounds, buildings, office space or other space leased in
accordance with this section may not order or make permanent changes
of any type thereto, unless the commission, council or the governing
board, as appropriate, has first determined that the change is
necessary for the proper, efficient and economically sound operation
of the institution. For purposes of this section, a "permanent
change" means any addition, alteration, improvement, remodeling,
repair or other change involving the expenditure of state funds for
the installation of any tangible thing which cannot be economically
removed from the grounds, buildings, office space or other space
when vacated by the institution.
(4) Leases and other instruments for grounds, buildings, office
or other space, once approved by the commission, council or
governing board, may be signed by the chief executive officer of the
commission, council or the institution. Any lease or instrument exceeding one hundred thousand dollars annually shall be approved
as to form by the attorney general. A lease or other instrument for
grounds, buildings, office or other space that contains a term,
including any options, of more than six months for its fulfillment
shall be filed with the state auditor.
(5) The commission and council jointly may promulgate rules it
considers they consider necessary to carry out the provisions of
this section.
ARTICLE 6. ADVISORY COUNCILS AND BOARDS.
§18B-6-1. Institutional boards of advisors for regional campuses
and certain administratively linked community and technical
colleges.
(a) Effective the first day of July, two thousand, There is
established at each regional campus and administratively linked
community and technical college, excluding centers and branches
thereof, an institutional board of advisors. Provided, That the
institutional board of advisors shall not be appointed for
administratively linked community and technical colleges until
provided for in their compact.
(1) For the transition year beginning on the first day of July,
two thousand, through the thirtieth day of June, two thousand one,
only, The lay members of the institutional board of advisors
established for each of the regional campuses of West Virginia university are appointed by the president of the respective
institution. Effective the first day of July, two thousand one,
(a) There is hereby continued or established institutional
boards of advisors as follows:
_____(1) For each regional campus. The chairperson of the board of
advisors of West Virginia university at Parkersburg serves as an ex
officio, voting member of the governing board of West Virginia
university;
_____(2) For administratively linked community and technical
colleges which share a physical location with the sponsoring
institution. This category includes Fairmont state community and
technical college, Marshall community and technical college, West
Virginia state community and technical college and the community and
technical college at West Virginia university institute of
technology. The chairperson of the board of advisors of each
administratively linked community and technical college serves as
an ex officio, voting member of the sponsoring institution's board
of governors or, in the case of the community and technical college
at West Virginia university institute of technology, the chairperson
of the board of advisors serves as an ex officio voting member of
the governing board of West Virginia university;
_____(3) For New River community and technical college and the
community and technical college of Shepherd, until these institutions achieve independent accreditation. As long as New
River community and technical college or the community and technical
college of Shepherd retains a board of advisors and remains
administratively linked to the baccalaureate institution, the
chairperson of that board of advisors serves as an ex officio,
voting member of the governing board of Bluefield state college or
Shepherd college, respectively.
_____(1) (b) The lay members of the institutional boards of advisors
for the regional campuses are appointed by the board of governors.
(2) (c) The lay members of the institutional board boards of
advisors established for the administratively linked community and
technical colleges are appointed by the West Virginia council for
community and technical college education.
(b) (d) The board of advisors consists of fifteen members,
including a full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution; a member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution; a member from the institutional
classified employees duly elected by the classified employees of the
respective institution; and twelve lay persons appointed pursuant
to subsection (a) of this section who have demonstrated a sincere
interest in and concern for the welfare of that institution and who are representative of the population of its responsibility district
and fields of study. At least eight of the twelve lay persons
appointed shall be residents of the state. Of the lay members who
are residents of the state, at least two shall be alumni of the
respective institution and no more than a simple majority may be of
the same political party.
(c) (e) The student member shall serve serves for a term of one
year beginning upon appointment in July, two thousand four, and
ending on the thirtieth day of April, two thousand one five.
Thereafter the term shall begin on the first day of May. The member
from the faculty and the classified employees shall serve,
respectively, serves for a term of two years beginning upon
appointment in July, two thousand four, and ending on the thirtieth
day of April, two thousand two five. Thereafter the term shall
begin on the first day of May; and the twelve lay members shall
serve terms of four years each beginning upon appointment in July,
two thousand four. Thereafter, the term shall begin on the first
day of May. All members are eligible to succeed themselves for no
more than one additional term. A vacancy in an unexpired term of
a member shall be filled for the remainder of the unexpired term
within thirty days of the occurrence thereof in the same manner as
the original appointment or election. Except in the case of a
vacancy:
(1) Commencing in two thousand five, all elections shall be
held and all appointments shall be made no later than the thirtieth
day of April preceding the commencement of the term; and
_____(2) Terms of members begin on the first day of May following
election, except for two thousand four only, terms begin upon
appointment in July.
_____(d) (f) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in May of each year. Additional
meetings may be held upon the call of the chairperson, president of
the institution or upon the written request of at least five
members. A majority of the members constitutes a quorum for
conducting the business of the board of advisors.
(e) (g) One of the twelve lay members shall be elected as
chairperson by the board of advisors in May of each year, except
that the chairperson elected in two thousand four shall be elected
in July. No member may serve as chairperson for more than two
consecutive years.
(f) (h) The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
section upon presentation of an itemized sworn statement thereof. All expenses incurred by the boards of advisors and the institutions
under this section shall be paid from funds allocated to the
institutions for that purpose.
(g) (i) The Prior to the submission by the president to its
governing board, the board of advisors shall review prior to the
submission by the president to its governing board, all proposals
of the institution in the areas of mission, academic programs,
budget, capital facilities and such other matters as requested by
the president of the institution or its governing board or otherwise
assigned to it by law. The board of advisors shall comment on each
such proposal in writing, with such recommendations for concurrence
therein or revision or rejection thereof as it considers proper.
The written comments and recommendations shall accompany the
proposal to the governing board and the governing board shall
include the comments and recommendations in its consideration of and
action on the proposal. The governing board shall promptly
acknowledge receipt of the comments and recommendations and shall
notify the board of advisors in writing of any action taken thereon.
(h) (j) The Prior to their implementation by the president, the
board of advisors shall review prior to their implementation by the
president, all proposals regarding institution-wide personnel
policies. The board of advisors may comment on the proposals in
writing.
(i) (k) The board of advisors shall provide advice and
assistance to the president and the governing board in establishing
areas including, but not limited to, the following:
_____(1) Establishing closer connections between higher education
and business, labor, government and community and economic
development organizations to give students greater opportunities to
experience the world of work. Examples of such as experiences
include business and community service internships, apprenticeships
and cooperative programs; to communicate
(2) Communicating better and serve serving the current work
force and work force development needs of their service area,
including the needs of nontraditional students for college-level
skills upgrading and retraining and the needs of employers for
specific programs of limited duration; and to assess
(3) Assessing the performance of the institution's graduates
and assist assisting in job placement.
(j) (l) Upon the occurrence of When a vacancy occurs in the
office of president of the institution, the board of advisors shall
serve as a search and screening committee for candidates to fill the
vacancy under guidelines established by the commission council.
pursuant to the provisions of section six, article one-b of this
chapter. When serving as a search and screening committee, the
board of advisors and its governing board are each authorized to appoint up to three additional persons to serve on the committee as
long as the search and screening process is in effect. The three
additional appointees of the board of advisors shall be faculty
members of the institution. Only for For the purposes of the search
and screening process only, the additional members shall possess the
same powers and rights as the regular members of the board of
advisors, including reimbursement for all reasonable and necessary
expenses actually incurred. Following the search and screening
process, the committee shall submit the names of at least three
candidates to the president of the sponsoring institution council,
or to the governing board in the case of West Virginia university
institute of technology, for consideration. and appointment. If the
president council or governing board rejects all candidates
submitted, the committee shall submit the names of at least three
additional candidates and this process shall be repeated until the
president appoints council or governing board approves one of the
candidates submitted. In all cases, the governing board shall make
the appointment with the approval of the council or the commission
in the case of West Virginia university institute of technology.
The governing board or the council shall provide all necessary staff
assistance to the board of advisors in its role as a search and
screening committee.
(k) (m) The boards of advisors shall develop a master plan for each those administratively linked community and technical college
colleges which retain boards of advisors. The ultimate
responsibility for developing and updating the master plans at the
institutional level resides with the institutional board of
advisors, but the ultimate responsibility for approving the final
version of the these institutional master plans, including periodic
updates, resides with the council commission. The plan shall
include, but not be limited to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of the
institution's area of responsibility for a quality system of higher
education are addressed;
(3) Documentation of the involvement of the commission,
institutional constituency groups, clientele of the institution and
the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including recommendations on the addition or deletion of degree programs as, in the discretion of the board of advisors, may
be necessary.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Advisory council of classified employees" or "classified
council" means the state advisory organization of classified
employees created pursuant to section five of this article.
(b) "Advisory council of faculty" or "faculty council" means
the state advisory organization of faculty created pursuant to
section two of this article.
(c) "Advisory council of students" or "student advisory
council" means the state advisory organization of students created
pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means any
regular full-time or regular part-time employee of a governing
board, the commission, the council or the West Virginia network for
educational telecomputing who holds a position that is assigned a
particular job title and pay grade in accordance with the personnel
classification system established by law.
(e) "Community and technical college" means eastern West
Virginia community and technical college, Fairmont state community and technical college, Marshall community and technical college, New
River community and technical college, West Virginia northern
community and technical college, the community and technical college
of Shepherd, southern West Virginia community and technical college,
West Virginia state community and technical college, the community
and technical college at West Virginia university institute of
technology, West Virginia university at Parkersburg and any other
community and technical college so designated by the Legislature.
(f) "Council" means the West Virginia council for community and
technical college education created pursuant to section three,
article two-b of this chapter.
(g) "Institutional classified employee council" or "staff
council" means the advisory group of classified employees formed at
a state institution of higher education pursuant to section six of
this article.
(h) "Institutional faculty senate", "faculty senate" or
"faculty assembly" means the advisory group of faculty formed at a
state institution of higher education pursuant to section three of
this article.
(i) "State institution of higher education", in the singular
or plural, means the institutions as defined in section two, article
one of this chapter and, additionally, Fairmont state community and
technical college, Marshall community and technical college, New River community and technical college, Potomac state college of West
Virginia university, Robert C. Byrd health sciences Charleston
division of West Virginia university, the community and technical
college of Shepherd, West Virginia state community and technical
college, West Virginia university at Parkersburg, West Virginia
university institute of technology, the community and technical
college at West Virginia university institute of technology, the
higher education policy commission, the West Virginia council for
community and technical college education, the West Virginia network
for educational telecomputing and any other institution so
designated by the Legislature.
§18B-6-2. State advisory council of faculty.
(a) There is continued the state advisory council of faculty.
(b) Election of members and terms of office. --
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the faculty council and in accordance with procedures
established by the faculty council, shall convene a meeting or
otherwise institute a balloting process to elect one faculty member
from each institution of higher education to serve on the faculty
council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the faculty council during the month of July to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one faculty member from that
institution to serve on the faculty council. Members so elected
shall take office upon election and serve until the next regularly
scheduled election held pursuant to this section; thereafter,
faculty members elected to represent administratively linked
community and technical colleges serve a regular two-year term.
(c) The faculty council shall meet at least once each quarter
and may meet at such other times as called by the chairperson or by
a majority of its members. One of the quarterly meetings shall be
during the month of July, at which meeting the faculty council shall
elect a chairperson from among its members. The chairperson may
serve no more than two consecutive terms as chair. A member may not
vote by proxy at the election. In the event of a tie in the last
vote taken for such election, a member authorized by the faculty
council shall select the chairperson by lot from the names of those
persons tied. Immediately following the election of a chairperson,
and in the manner prescribed by this section for the election of a
chairperson, the faculty council shall elect a member to preside over meetings in the absence of the chairperson. If the chairperson
vacates the position, the faculty council shall meet and elect a new
chairperson to fill the unexpired term within thirty days following
the vacancy.
(d) The faculty council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
faculty members have an interest.
(e) The commission and council each shall meet annually between
the months of October and December with the faculty council to
discuss matters of higher education in which the faculty members or
the commission or council may have an interest.
(f) Members of the faculty council serve without compensation.
Members are entitled to reimbursement for actual and necessary
expenses, including travel expenses, incurred in the performance of
their official duties. Expenses are paid from funds allocated to
the state institution of higher education which the member serves.
(g) The faculty council shall prepare minutes of its meetings,
which minutes shall be available, upon request, to any faculty
member of a state institution of higher education represented on the
faculty council.
§18B-6-3. Institutional faculty senate.
(a) Effective the first day of July, two thousand four, a faculty senate is established at each institution of higher
education, except for those institutions which choose to establish
a faculty assembly. In the latter case, all faculty participate in
the faculty assembly and the requirements of subsections (b) and (c)
of this section do not apply. Members and officers of an organized,
campus-level advisory group of faculty who are serving prior to the
effective date of this section may continue to serve with all the
rights, privileges and responsibilities prescribed herein until the
time that members elected as set forth in subsection (b) of this
section assume office.
(b) Members of each faculty senate are elected as follows:
(1) During the month of April of each even-numbered year, each
president of a state institution of higher education, at the
direction of the faculty and in accordance with procedures
established by the faculty, shall convene a meeting or otherwise
institute a balloting process to elect the members of the faculty
senates, except that for two thousand four only, the election shall
take place in July.
(2) Selection procedures shall provide for appropriate
representation of all academic units within the institution.
(3) The faculty member who is elected to serve on the faculty
council is an ex officio, voting member of the faculty senate and
reports to the faculty senate on meetings of the faculty council and the board of governors.
(c) Members serve a term of two years, which term begins on the
first day of July of each even-numbered year, except for the year
two thousand four when terms begin upon election. Members of the
faculty senate are eligible to succeed themselves.
(d) Each faculty senate shall elect a chairperson from among
its members. The chairperson serves a term of two years, and may
serve no more than two consecutive terms as chairperson.
(e) The faculty senate meets quarterly and may meet at such
other times as called by the chairperson or by a majority of the
members. With appropriate notification to the president of the
institution, the chairperson may convene a faculty senate meeting
for the purpose of sharing information and discussing issues
affecting faculty and the effective and efficient management of the
institution.
(f) The president of the institution shall meet at least
quarterly with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
(g) The governing board of the institution shall meet at least
annually with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
§18B-6-4. State advisory council of students.
(a) There is continued the state advisory council of students.
(b) During the month of April of each year, each student
government organization at each institution of higher education
shall elect a student to serve on the student advisory council.
Terms of the members of the student advisory council are for one
year and begin on the first day of September of each year. A duly
elected member currently serving on the advisory council of students
may continue to serve until a new member from that institution is
elected pursuant to the provisions of this section. Members of the
student advisory council are eligible to succeed themselves.
(c) The student advisory council shall meet at least once each
quarter. One of the quarterly meetings shall be during the month
of September, at which meeting the student advisory council shall
elect a chairperson. A member may not vote by proxy at the
election. In the event of a tie in the last vote taken for the
election, a member authorized by the student advisory council shall
select the chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the student
advisory council shall elect, in the manner prescribed by this
section for the election of a chairperson, a member of the council
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the student advisory council shall meet and elect a new chairperson to fill the unexpired term within
thirty days following the vacancy.
(d) The student advisory council, through its chairperson and
in any appropriate manner, shall communicate to the commission or
the council, as appropriate, matters of higher education in which
the student members have an interest.
(e) At the request of the chairperson of the student advisory
council, the commission and council each shall meet annually,
between the months of October and December, with the student
advisory council to discuss matters of higher education in which the
student members or the commission or council have an interest.
(f) Members of the student advisory council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education in which the
student is enrolled.
(g) The student advisory council shall prepare minutes of its
meetings. The minutes shall be available, upon request, to any
student of a state institution of higher education represented on
the council.
§18B-6-5. State advisory councils of classified employees.
(a) There is hereby continued the state advisory council of classified employees.
(b) Election of members and terms of office. --
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the classified council and in accordance with
procedures established by the classified council, shall convene a
meeting or otherwise institute a balloting process to elect one
classified employee from each institution of higher education to
serve on the classified council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible
to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the classified council during the month of July to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one classified employee from that
institution to serve on the classified council. Members so elected
take office upon election and serve until the next regularly
scheduled election held pursuant to this section; thereafter,
classified employees elected to represent administratively linked
community and technical colleges serve a regular two-year term.
(c) The classified council shall meet at least once each quarter and may meet at such other times as called by the
chairperson or by a majority of its members. One of the quarterly
meetings shall be during the month of July, at which meeting the
classified council shall elect a chairperson from among its members.
The chairperson may serve no more than two consecutive terms as
chairperson. A member may not vote by proxy at the election. In
the event of a tie in the last vote taken for the election, a member
authorized by the classified council shall select the chairperson
by lot from the names of those persons tied. Immediately following
the election of a chairperson, the classified council shall elect,
in the manner prescribed by this section for the election of a
chairperson, a member of the classified council to preside over
meetings in the absence of the chairperson. If the chairperson
vacates the position, the classified council shall meet and elect
a new chairperson to fill the unexpired term within thirty days
following the vacancy.
(d) The classified council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
classified employees have an interest.
(e) The commission and council each shall meet annually,
between the months of October and December, with the classified
council to discuss matters of higher education in which the classified employees or the commission or council have an interest.
(f) Members of the classified council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education which the
member serves.
(g) The classified council shall prepare minutes of its
meetings. The minutes shall be available, upon request, to any
classified employee of a state institution of higher education
represented on the classified council.
§18B-6-6. Institutional classified employee council.
(a) There is continued at each institution of higher education
an institutional classified employees advisory council to be known
as the staff council.
(b) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the staff council and in accordance with procedures
established by the staff council, shall convene a meeting or
otherwise institute a balloting process to elect members of the
staff council, except that for two thousand four only, the election
shall take place in July. Members are elected as follows:
(1) Two classified employees from the administrative/managerial sector;
(2) Two classified employees from the professional/nonteaching
sector;
(3) Two classified employees from the paraprofessional sector;
(4) Two classified employees from the secretarial/clerical
sector;
(5) Two classified employees from the physical
plant/maintenance sector;
(6) The classified employee who is elected to serve on the
advisory council of classified employees serves as an ex officio,
voting member of the staff council. This member shall report to the
staff council on meetings of the classified council and the board
of governors; and
(7) Classified employees at Marshall university and West
Virginia university may elect five classified employees from each
of the five sectors to serve on the staff council.
(c) Members serve a term of two years, which term begins on the
first day of July of each odd-numbered year. Members of the staff
council are eligible to succeed themselves.
(d) Classified employees shall select one of their members to
serve as chairperson. All classified employees at the institution
are eligible to vote for the chairperson by any method approved by
a majority of their members. The chairperson is eligible to succeed himself or herself.
(e) The staff council shall meet at least monthly or at the
call of the chairperson. With appropriate notification to the
president of the institution, the chairperson may convene staff
council meetings for the purpose of sharing information and
discussing issues affecting the classified employees or the
efficient and effective operations of the institution.
(f) The president of the institution shall meet at least
quarterly with the staff council to discuss matters affecting
classified employees.
(g) The governing board of the institution shall meet at least
annually with the staff council to discuss matters affecting
classified employees and the effective and efficient management of
the institution.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Seniority for full-time classified personnel; seniority
to be observed in reducing work force; preferred recall list;
renewal of listing; notice of vacancies.
(a) Definitions for terms used in this section are in
accordance with those provided in section two, article nine of this
chapter, except that the provisions of this section shall apply only
to classified employees whose employment, if continued, accumulates
to a minimum total of one thousand forty hours during a calendar year and extends over at least nine months of a calendar year.
Provided, That this This section also applies to any classified
employee who is involuntarily transferred to a position in
nonclassified status for which he or she did not apply. Provided,
however, That any Any classified employee involuntarily transferred
to a position in nonclassified status may only exercise the rights
set out in this section for positions equivalent to or lower than
the last job class the employee held.
(b) All decisions by the appropriate governing board, the
council or commission or its agents at state institutions of higher
education concerning reductions in work force of full-time
classified personnel, whether by temporary furlough or permanent
termination, shall be made in accordance with this section. For
layoffs by classification for reason of lack of funds or work, or
abolition of position or material changes in duties or organization
and for recall of employees laid off, consideration shall be given
to an employee's seniority as measured by permanent employment in
the service of the state system of higher education. In the event
that the institution wishes desires to lay off a more senior
employee, the institution shall demonstrate that the senior employee
cannot perform any other job duties held by less senior employees
of that institution in the same job class or any other equivalent
or lower job class for which the senior employee is qualified. Provided, That if If an employee refuses to accept a position in a
lower job class, the employee shall retain retains all rights of
recall provided in this section. If two or more employees
accumulate identical seniority, the priority shall be is determined
by a random selection system established by the employees and
approved by the institution.
(c) Any employee laid off during a furlough or reduction in
work force shall be is placed upon a preferred recall list and shall
be is recalled to employment by the institution on the basis of
seniority. An employee's listing with an institution shall remain
remains active for a period of one calendar year from the date of
termination or furlough or from the date of the most recent renewal.
If an employee fails to renew the listing with the institution, the
employee's name may be removed from the list. An employee placed
upon the preferred list shall be recalled to any position opening
by the institution within the classifications in which the employee
had previously been employed or to any lateral position for which
the employee is qualified. An employee on the preferred recall list
shall does not forfeit the right to recall by the institution if
compelling reasons require the employee to refuse an offer of
reemployment by the institution.
The institution shall notify all employees maintaining active
listings on the preferred recall list of all position openings that from time to time periodically exist. The notice shall be sent by
certified mail to the last known address of the employee. It is the
duty of each employee listed to notify the institution of any change
in address and to timely renew the listing with the institution.
No position openings shall A position opening may not be filled by
the institution, whether temporary or permanent, until all employees
on the preferred recall list have been properly notified of existing
vacancies and have been given an opportunity to accept reemployment.
(d) A nonexempt classified employee, including a nonexempt
employee who has not accumulated a minimum total of one thousand
forty hours during the calendar year or whose contract does not
extend over at least nine months of a calendar year, who applies and
meets the minimum qualifications for a nonexempt job opening at the
institution where the employee is currently employed, whether the
job is a lateral transfer or a promotion, and applies for the job
shall be transferred or promoted before a new person is hired.
unless
(1) This subsection does not apply if the hiring is affected
by:
(A) Mandates in affirmative action plans; or
(B) The requirements of Public Law 101-336, the Americans with
Disabilities Act.
(2) This subsection applies to any nonexempt classified employee, including:
_____(A) One who has not accumulated a minimum total of one thousand
forty hours during the calendar year; and
_____(B) One whose contract does not extend over at least nine
months of a calendar year.
_____(3) If more than one qualified, nonexempt classified employee
applies, the best-qualified nonexempt classified employee shall be
is awarded the position. In instances where the classified
employees are equally qualified, the nonexempt classified employee
with the greatest amount of continuous seniority at that state
institution of higher education shall be is awarded the position.
(4) A nonexempt classified employee is one to whom the
provisions of the federal Fair Labor Standards Act, as amended,
apply.
(e) In addition to any other information required, any
application for personnel governed by the provisions of this section
shall include the applicant's social security number.
(f) Regardless of the level of seniority for any employee, for
the purposes of this section:
_____(1) In the case of a reduction in force, an employee at a
community and technical college may not displace any employee of an
institution under the jurisdiction of the commission.
_____(2) In the case of a reduction in force, an employee at an institution under the jurisdiction of the commission may not
displace any employee of a community and technical college.
_____(3) For the purpose of this subsection, an employee performing
a dual service for a sponsoring institution and an administratively
linked community and technical college is an employee at an
institution under the jurisdiction of the commission if the
sponsoring institution receives a fee from the administratively
linked community and technical college for the service performed by
that employee.
§18B-7-12. Maintenance of benefits for employees.
(a) On the effective date of this section, any individual
employed on the day preceding the effective date of this section by
the chancellor for higher education or commission maintains all
benefits of employment held, accrued and afforded prior to the
effective date of this section. Such benefits include, but are not
limited to, retirement benefits, continued membership in the same
retirement system, any insurance coverage, and sick and annual
leave. For the purposes of leave conversion established in section
thirteen, article sixteen, chapter five of this code, an employee
is not a new employee, and the prohibition on conversion does not
apply if the employee was eligible for leave conversion on the day
preceding the effective date of this section. For the purpose of
section thirteen, article sixteen, chapter five of this code:
(1) Each employee maintains all sick and annual leave accrued,
and all rights to convert the leave that had been accrued on the day
preceding the effective date of this section; and
(2) Each employee continues to maintain his or her status for
eligibility under the provisions and application of said section
thirteen as applied to the employee on the day preceding the
effective date of this section.
(b) Prior to the first day of October, two thousand four, an
employee may not be terminated, or have his or her salary or benefit
levels reduced as the result of the higher education reorganization
set forth in this article.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-1. Legislative purpose.
The purpose of the Legislature in the enactment of this article
is to require the commission and council jointly to establish,
control, supervise and manage a complete, uniform system of
personnel classification in accordance with the provisions of this
article for all employees other than faculty and nonclassified
employees at state institutions of higher education.
§18B-9-2. Definitions.
As used in this article:
(a) "Classified employee" or "employee" means any regular full-time or regular part-time employee of a governing board, or the
commission or the council, including all employees of the West
Virginia network for educational telecomputing, who hold a position
that is assigned a particular job title and pay grade in accordance
with the personnel classification system established by this article
or by the commission and council;
(b) "Nonclassified employee" means an individual who is
responsible for policy formation at the department or institutional
level, or reports directly to the president, or is in a position
considered critical to the institution by the president pursuant to
policies adopted by the governing board. Provided, That the The
percentage of personnel placed in the category of "nonclassified"
at any given institution shall may not exceed ten percent of the
total number of employees of that institution who are eligible for
membership in any state retirement system of the state of West
Virginia or other retirement plan authorized by the state: Provided,
however, That an additional ten percent of the total number of
employees of that institution as defined in this subsection may be
placed in the category of "nonclassified" if they are in a position
considered critical to the institution by the president. Final
approval of such placement shall be with the appropriate governing
board;
(c) "Job description" means the specific listing of duties and responsibilities as determined by the appropriate governing board,
or the commission or council and associated with a particular job
title;
(d) "Job title" means the name of the position or job as
defined by the appropriate governing board, or the commission or
council;
(e) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to rectify
salary inequities or accommodate competitive market conditions in
accordance with rules established by the governing boards, or the
commission or council;
(f) "Pay grade" means the number assigned by the commission and
council to a particular job title and refers to the vertical column
heading of the salary schedule established in section three of this
article;
(g) "Personnel classification system" means the process of job
categorization adopted by the commission and council jointly by
which job title, job description, pay grade and placement on the
salary schedule are determined;
(h) "Salary" means the amount of compensation paid through the
state treasury per annum to a classified employee;
(i) "Schedule" or "salary schedule" means the grid of annual
salary figures established in section three of this article; and
(j) "Years of experience" means the number of years a person
has been an employee of the state of West Virginia and refers to the
horizontal column heading of the salary schedule established in
section three of this article. For the purpose of placement on the
salary schedule, employment for nine months or more equals one year
of experience, but no a classified employee may not accrue more than
one year of experience during any given fiscal year. Employment for
less than full time or less than nine months during any fiscal year
shall be prorated. In accordance with rules established by the
commission and council jointly, a classified employee may be granted
additional years of experience not to exceed the actual number of
years of prior, relevant work or experience at accredited
institutions of higher education other than state institutions of
higher education.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1b. Special equity fee; purpose; exemptions.
In addition to the other fees provided in this article, each
governing board has the authority to impose, collect and expend the
proceeds of a special equity fee under the following conditions:
(a) The fee shall be used solely for the purpose of complying
with the athletic provisions of 20 U.S.C. 1681 et seq., known as
Title IX of the Education Amendment of 1972;
(b) The fee is exempt from limitations on fee increases set
forth in this article for three years from the effective date of
this section;
(c) The fee may not be used by an institution to advance its
classification of participation in its athletics governing body; and
(d) The fee may not be imposed upon part-time students or
students enrolled in an administratively-linked community and
technical college.
§18B-10-2. Higher education resource fee.
In addition to the fees specifically provided for in section
one of this article, all students enrolled for credit at a state
institution of higher education shall pay a higher education
resource fee. The commission and council jointly shall fix the fee
rates for the various institutions and classes of students under its
jurisdiction their respective jurisdictions and may from time to
time change these rates. The amount of the fee charged at each
institution shall be prorated for part-time students. The fee
imposed by this section is in addition to the maximum fees allowed
to be collected under the provision of section one of this article
and is not limited thereby. Refunds of such the fee may be made in
the same manner as any other fee collected at state institutions of
higher education.
Ninety percent of the total fees collected at each institution pursuant to this section shall be deposited in a special fund in the
state treasury for the institution at which the fees are collected
and may be used by the institution for libraries and library
supplies, including books, periodicals, subscriptions and
audiovisual materials, instructional equipment and materials; and
for the improvement in quality and scope of student services. Up
to ten percent of the fee collections from institutions under the
jurisdiction of the commission shall be deposited in a special fund
and expended or allocated by the commission to meet general
operating expenses of the commission or to fund statewide programs.
Up to ten percent of the fee collections from institutions under the
jurisdiction of the council shall be deposited in a special fund and
expended or allocated by the council to meet general operating
expenses of the council or to fund statewide programs. Provided,
That the board The boards shall, to the maximum extent practicable,
offset the impact, if any, on financially needy students of any
potential fee increases under this section by allocating an
appropriate amount of such fee revenue to the state scholarship
program to be expended in accordance with the provisions of article
five, chapter eighteen-c of this code.
The commission and council each shall, on or before the first
day of July of each year annually, provide the legislative auditor
with a report of the projected fee collections for the board and each of its institutions and the expenditures proposed for such
fee.;
And,
That both houses recede from their respective positions as to
the title of the bill and agree to the same as follows:
Eng. Senate Bill No. 448 -- A Bill to repeal §18B-1A-8 of the
code of West Virginia, 1931, as amended; to repeal §18B-1B-7 of said
code; to repeal §18B-3C-7 of said code; to repeal §18B-6-2a,
§18B-6-3a, §18B-6-4a and §18B-6-4b of said code; to amend and
reenact §18-2-1 of said code; to amend and reenact §18B-1-1a,
§18B-1-2, §18B-1-3 and §18B-1-6 of said code; to amend and reenact
§18B-1A-2, §18B-1A-3, §18B-1A-4, §18B-1A-5 and §18B-1A-6 of said
code; to amend and reenact §18B-1B-1, §18B-1B-2, §18B-1B-4,
§18B-1B-5 and §18B-1B-6 of said code; to amend said code by adding
thereto a new section, designated §18B-1B-11; to amend and reenact
§18B-2A-1 and §18B-2A-4 of said code; to amend said code by adding
thereto a new section, designated §18B-2A-6; to amend and reenact
§18B-2B-1, §18B-2B-2, §18B-2B-3, §18B-2B-4, §18B-2B-5, §18B-2B-6,
§18B-2B-7 and §18B-2B-8 of said code; to amend said code by adding
thereto a new section, designated §18B-2B-6a; to amend and reenact
§18B-2C-3 and §18B-2C-4 of said code; to amend and reenact
§18B-3C-2, §18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6, §18B-3C-8,
§18B-3C-9, §18B-3C-10 and §18B-3C-12 of said code; to amend and reenact §18B-4-1, §18B-4-2 and §18B-4-7 of said code; to amend and
reenact §18B-5-4 of said code; to amend and reenact §18B-6-1 and
§18B-6-1a of said code; to amend said code by adding thereto five
new sections, designated §18B-6-2, §18B-6-3, §18B-6-4, §18B-6-5 and
§18B-6-6; to amend and reenact §18B-7-1 of said code; to amend said
code by adding thereto a new section, designated §18B-7-12; to amend
and reenact §18B-9-1 and §18B-9-2 of said code; to amend and reenact
§18B-10-2 of said code; and to amend said code by adding thereto a
new section, designated §18B-10-1b, all relating to education
generally; higher education; community and technical college
education; post-secondary education; state board membership; powers
and duties of higher education policy commission and council for
community and technical college education; goals for post-secondary
education; definitions; transferring certain rules and expanding and
clarifying rule-making authority; developing and approving
institutional compacts and master plans; establishing benchmarks and
indicators; authorizing emergency rule; selecting peer institutions;
legislative financing goals; budget authority of commission and
council; provision of baccalaureate and graduate education; reducing
duration of certain grants; higher education personnel; developing
public policy agenda; commission membership; consistency and
cooperation among commission, council and certain boards and groups;
establishing priorities and distributing funds for capital projects; employment of staff; appointments to boards and commissions;
transfer of certain course credits; approval of new institutions,
programs and courses; employment of chancellor for higher education;
powers and duties; evaluations and contracts; appointment of
institutional presidents; evaluations; role of governing and
advisory boards, commission and council in appointments; requiring
study of certain institutions providing post-secondary education;
requiring reports to legislative oversight commission on education
accountability; powers and duties of governing boards and
institutional boards of advisors; authority of governing board in
determining institutional status; changing status of certain
baccalaureate institutions; establishing or continuing governing and
advisory boards for certain institutions; membership; terms of
office; legislative findings; employment of chancellor for community
and technical college education; evaluations and contracts;
maintenance of employee benefits; council membership and terms of
office; qualifications; jurisdiction and authority of council;
employment of staff; tuition and fees; certain fee transfer;
developing standards for remedial and developmental courses; higher
education report card; authorization to withdraw certain powers from
a governing board; transfer and expansion of certain administrative,
programmatic and budgetary control; establishing certain deadlines
for commission and council; transferring certain fund and authorizing expenditures; employee transfer; powers and duties of
chancellor; establishing and conforming structure of certain
advisory groups; membership and terms of office; exceptions;
meetings; development of search and screening guidelines;
establishing certain advisory groups; clarifying certain expenses;
modifying deadline for attaining independent accreditation;
exceptions; council options; district consortia elimination;
community and technical college consortia districts established;
consortia powers, duties, responsibilities and operation; modifying
title of certain employees; continuation in office; council
authority over certain degree programs; service and fee requirement
modification and limitation; employee reorganization; supervision
of certain employees; essential services; employment of vice
chancellor for administration; deadline for employment; modifying
certain purchasing and competitive bidding requirements; certain
employee seniority and displacement authority modification; duty of
council regarding personnel classification system; creation,
collection and use of certain fees; and eliminating certain obsolete
provisions.
Respectfully submitted,
Robert H. Plymale, Chair, Larry J. Edgell, John R. Unger II,
Jon Blair Hunter, Donna J. Boley, Conferees on the part of the
Senate.
Jerry L. Mezzatesta, Chair, Larry A. Williams, William F.
Stemple, Robert C. Tabb, Roger Romine, Conferees on the part of the
House of Delegates.
Senator Plymale, Senate cochair of the committee of conference,
was recognized to explain the report.
Following extended discussion,
Thereafter, on motion of Senator Plymale, the report was taken
up for immediate consideration.
The question being on the adoption of the committee of
conference report for Engrossed Senate Bill No. 448, and on this
question, Senator Oliverio demanded the yeas and nays.
Following discussion,
Senator Edgell moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of the committee of conference report for Engrossed Senate
Bill No. 448.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Dempsey, Edgell, Facemyer, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Minear, Plymale, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--23.
The nays were: Caldwell, Chafin, Deem, Fanning, Guills,
Harrison, McKenzie, Oliverio, Prezioso, Smith and Weeks--11.
Absent: None.
So, a majority of those present and voting having voted in the
affirmative, the President declared the committee of conference
report adopted.
Engrossed Senate Bill No. 448, as amended by the conference
report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Bailey,
Boley, Bowman, Dempsey, Edgell, Facemyer, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--25.
The nays were: Caldwell, Chafin, Deem, Fanning, Guills,
Harrison, McKenzie, Smith and Weeks--9.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 448) passed with its conference amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Dempsey, Edgell, Facemyer, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--25.
The nays were: Caldwell, Chafin, Deem, Fanning, Guills,
Harrison, McKenzie, Smith and Weeks--9.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 448) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
Senators Snyder, McCabe, Edgell and Rowe offered the following
resolution:
Senate Concurrent Resolution No. 96--Requesting the Governor
establish, by executive order, a nonprofit foundation for the
express purpose of studying and implementing ways to obtain funding
through donations, grants, loans and user fees for maintenance of
the state capitol building and its grounds.
Whereas, The state capitol building and its grounds are a
source of great pride for the citizens of the state; and
Whereas, Maintenance and repair to the capitol building and its
grounds is exceedingly expensive; and
Whereas, The state's citizenry, individuals, businesses and
other entities might, under proper circumstances, contribute to the
maintenance and repair; and
Whereas, Creation of a foundation by the Governor may engender
an atmosphere of great purpose in the project and thereby invite the
commitment of substantial resources to this worthwhile venture; and
Whereas, The foundation may be named "Friends of the Capitol
Foundation" and become a permanent part of preserving this
magnificent monument; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor to establish,
by executive order, a nonprofit foundation for the express purpose
of studying and implementing ways to obtain funding through
donations, grants, loans and user fees for maintenance of the state
capitol building and its grounds; and, be it
Further Resolved, That the Secretary of the Department of
Administration should serve as a consultant for the foundation; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor and
the Secretary of the Department of Administration.
At the request of Senator Snyder, unanimous consent being
granted, the resolution was taken up for immediate consideration and
reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators Hunter, Sharpe, Rowe, Edgell, McCabe, Kessler, Minard,
Oliverio, McKenzie, Fanning, Plymale, Prezioso, Chafin, Helmick,
Snyder, Bowman, Bailey, Unger, Jenkins, Ross, Dempsey, Love, Deem,
Facemyer, Weeks, Boley, Guills, Smith, Minear, Sprouse, White and
Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 41--Recognizing the 100th anniversary of
basketball at West Virginia University.
Whereas, Basketball was played at West Virginia University as
an intramural sport from 1898 until 1904 when a formal team was
organized; and
Whereas, Due to a lack of practice facilities and limited
funding, the program was returned to intramural status in 1908; and
Whereas, In 1915, public interest in basketball had grown
nationwide, prompting WVU to reinstate the basketball team; and
Whereas, In 1916, with approval from the Board of Regents, a
facility called the "Ark" was opened for the Mountaineers to call
home; and
Whereas, In 1928, the West Virginia University Field House was
built which seated 4,500 people. In this new "basketball palace",
the Mountaineers won 25 of the first 30 contests; and
Whereas, In 1942, WVU finally arrived at the top, with a stunning performance in the National Invitational Tournament where
they captured the national championship; and
Whereas, In 1946, the Mountaineers finished third in the NIT.
The next year, they ranked first in the nation at 18-1 which
advanced them to the NIT semifinals before being upset to finish at
19-3; and
Whereas, Referred to as the first "Golden Era" in Mountaineer
basketball, the 1950s was one of West Virginia's most prosperous
decades. The Mountaineers compiled a record of 218-68, won six
Southern Conference titles, competed in six NCAA tournaments,
completed the 1958 regular season as the nation's top-ranked team
and finished as the NCAA national runner-up in 1959; and
Whereas, The 1960s brought more NCAA tournament trips as
Southern Conference champs; and
Whereas, The 1970s heralded the team's move to the West
Virginia University Coliseum and a return to the second "Golden
Era". The Mountaineers reestablished their dominance with their new
home court; and
Whereas, The 1980s brought 16 post-season appearances,
including eight NCAA tournaments, two Atlantic 10 tournament
championships and three Atlantic 10 regular season titles; and
Whereas, In the 1990s, West Virginia's initiation into the Big
East conference was one of the finest in the annals of the league. In the third season in the league, WVU became a force in the Big
East with a shot at the NIT title. The Mountaineers spent the
majority of the 1990s in the top 25. At the NCAA tournament, WVU
carried the Big East banner; and
Whereas, After 94 seasons and 100 years of play, more than
1,400 victories and boasting of some of the game's greatest players,
West Virginia University's basketball history is as rich with
tradition as any school in the nation; and
Whereas, With the beginning of a new era, the Mountaineers look
to the future to further etch their place in basketball history;
therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the 100th anniversary of
basketball at West Virginia University; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the President of West Virginia
University, the Athletic Director and the Head Basketball Coach.
At the request of Senator Hunter, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from
unfinished business, Senate Concurrent Resolution No. 67, Senate
Concurrent Resolution No. 75, Senate Concurrent Resolution No. 93,
House Concurrent Resolution No. 6 and House Concurrent Resolution
No. 58.
Senator Chafin also announced that in the same meeting, the
Committee on Rules had returned to the Senate calendar, on third
reading, Engrossed Committee Substitute for House Bill No. 4388 and
Engrossed House Bill No. 4672, under rule number seventeen of the
Rules of the Senate.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 54, Requesting Joint Committee
on Government and Finance study liability of Division of Forestry
and others as to forest fires.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was rereferred to
the Committee on Rules.
Senate Concurrent Resolution No. 67, Requesting Joint Committee
on Government and Finance study criminal penalties for interference
with medical treatment of railroad employees.
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
Senate Concurrent Resolution No. 75, Requesting Joint Committee
on Government and Finance study requiring arresting agency pay
certain costs of incarceration.
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
Senate Concurrent Resolution No. 90, Requesting Joint Committee
on Government and Finance study solvency of unemployment
compensation fund.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 91, Requesting Joint Committee
on Government and Finance study fraudulent credit card transactions.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 92, Requesting Joint Committee
on Government and Finance study ways to reduce and eliminate sales
tax on food.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 93, Requesting Congress
examine rules and regulations of beef industry.
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
House Concurrent Resolution No. 6, Naming the bridge located
at Howell's Mill near Ona, WV, the Rimmer-White Bridge.
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
House Concurrent Resolution No. 8, Requesting a study on the
childhood obesity epidemic in West Virginia in regards to chronic
disease, poor nutrition and inadequate exercise.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendment to the resolution, from the Committee
on Rules, was reported by the Clerk and adopted:
On page one, by striking out everything after the title and
inserting in lieu thereof the following:
Whereas, About one third of adults in West Virginia are
overweight and one in four are obese; and
Whereas, The United States experienced unprecedented increases
in weight gain and obesity in the last decade--reaching epidemic
proportions. In 1991, no state had an obesity rate of 20 percent or
higher. As of the year 2000, 22 states reported obesity rates of
20 percent or higher. These increases cut across all ages, racial
and ethnic groups and both genders; and
Whereas, West Virginia ranks first among all states in obesity;
and
Whereas, Forty percent of children in West Virginia are either
overweight or obese, and this prevalence has nearly tripled for
adolescents in the past two decades; and
Whereas, Obesity is associated with increased mortality and
risk for a number of disorders, including cardiovascular disease,
hypertension, stroke, Type II diabetes, osteoarthritis and certain
cancers; and
Whereas, Obesity has a significantly greater effect on the
number of chronic conditions than the effects of current or past
smoking or problem drinking; and
Whereas, A study by Obesity Research shows the estimated adult
obesity-attributable medical expenditures in West Virginia are $588
million for the total population, $140 million for the Medicare
population and $187 million for the Medicaid population; and
Whereas, According to the United States Centers for Disease
Control and Prevention (CDC), if this trend is not reversed,
obesity-related health problems and associated costs will soon
surpass those associated with tobacco; and
Whereas, Research supports the conviction that strong, healthy
bodies promote learning and enhance mental and emotional health,
social development, self-esteem and overall fitness and that coupling physical activity with an academic curriculum results in
an overall increase in academic performance among school-age
children; and
Whereas, Early detection and treatment of obesity as well as
an emphasis on physical and nutritional education in childhood
provides an opportunity for the development of lifelong health and
fitness skills as well as proper eating habits; and
Whereas, Obesity is a preventable and treatable disease that
has reached epidemic proportions; and education, prevention and
proper treatment can reduce health care costs and improve the
quality of life for a significant number of adults and children in
West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance urges the
Governor of the State of West Virginia, the Legislature of West
Virginia, the Department of Health and Human Resources, the Public
Employees Insurance Agency, the Department of Education and other
state agencies and institutions to make the prevention and treatment
of obesity a priority and to work to reduce obesity and improve the
health and wellness of the residents of West Virginia through the
following measures:
(1) Working collaboratively with federal agencies, such as the
United States Centers for Disease Control and Prevention and with other states to promote guidelines and best practices in the
prevention and treatment of obesity;
(2) Educating the medical community, teachers and school
administrators, employers and the general public about the scope of
the problem and ways to prevent and treat obesity in adults and
children;
(3) Providing incentives and promoting the availability of
obesity-related treatment in the state Medicaid program, PEIA and
other state-funded insurance programs;
(4) Identifying and implementing strategies to increase the
amount of daily quality physical activity and nutrition education
in the curriculum of public schools; and
(5) Providing incentives for workplace initiatives to combat
obesity and encourage physical activity; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to study potential policies and legislation to
encourage people to change their lifestyles which would result in
dramatic changes in outcome measures on obesity within five years;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
The question being on the adoption of the resolution (H. C. R.
No. 8), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 25, Requesting the three
branches of state government to cooperate and encourage leaders of
the state, county and municipal governments to identify and
affirmatively address the racial disparities in various areas of
civil rights.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendments to the resolution, from the Committee
on Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:
On page one, by striking out everything after the title and
inserting in lieu thereof the following:
Whereas, House Concurrent Resolution No. 76, adopted by the
West Virginia Legislature in 2002, recognizes and outlines a number of employment, social, health, educational, criminal justice and
economic problems confronting African-Americans and their
communities in this state; and
Whereas, Select Committee B on Minority Issues was created by
the Joint Committee on Government and Finance as part of the 2003
legislative interims to consider House Concurrent Resolution No. 76
and to study and make recommendations and offer solutions to address
problems identified in House Concurrent Resolution No. 76; and
Whereas, According to the 2000 Census, African-Americans
comprise approximately 3.2 percent of the state's population and
more than 5 percent of the population in seven counties; and
Whereas, The West Virginia Legislature should be committed to
connecting communities, exploring strategies for racial and social
equality and taking proactive steps to remedy the effects of past
discrimination on African-American children, adults and families;
and
Whereas, Prevention of discrimination in civil rights, the
justice system, education, health care, economic development,
employment, business development, housing and community and family
services is preferable to attempting to remedy the consequences of
discrimination; and
Whereas, There is a wide disparity between African-American and
caucasian public school students in West Virginia with regard to standardized testing scores, indicating a significant achievement
gap which widens with tragic consequences for a number of African-
American students as they progress in school; and
Whereas, On the 2003 ACT college entrance examination, which
is used by the PROMISE scholarship program to determine eligibility
for college scholarships, African-American students' success rate
was significantly lower than that of caucasian students; and
Whereas, African-American children have been overrepresented
in special education programs in schools in Kanawha County, the only
area of the state for which statistics were provided to the
Committee, and underrepresented in advanced education programs and
programs for performing or gifted students; but the Kanawha County
Board of Education has established programs to identify and include
all qualified students, without regard to race, in special programs
to enhance performance and to address the academic achievement gap
between African-American and caucasian children at early stages of
the public education process; and
Whereas, The percentage of African-American teachers and
educational professionals in many of the state's public schools is
disproportionately lower than the African-American student
population, to some degree depriving minority students of important
African-American role models and advocates in educational settings;
and
Whereas, Training assistance and education programs with
affirmative outreach to African-Americans combine to help prevent
racial discrimination; and
Whereas, African-Americans in West Virginia experience a
disproportionately higher incidence of health risk and mortality
from cancer, diabetes, hypertension, heart disease and HIV; African-
American women tend to be diagnosed with breast cancer at later
stages than caucasian women; and the teen birth rate and the infant
mortality rate among African-Americans is twice that of caucasians;
and
Whereas, The percentage of African-American children in the
care and/or custody of the Bureau of Children and Families in 2003
was more than twice the percentage of African-Americans in the
general West Virginia population; and
Whereas, Business ownership among African-Americans in
Charleston, West Virginia, the only area of the state for which
statistics were provided to the Committee, is proportionately less
than minority business ownership nationwide; and
Whereas, The unemployment rate of African-Americans recently
has been about twice the unemployment rate for caucasians and
significantly higher in some counties with a greater concentration
of African-American population; and
Whereas, Statistics provided by the State Equal Employment Opportunity Office indicate that the percentage of minority
employees among the full-time state government employees under the
control of the Department of Administration is approximately the
same as the percentage of African-Americans in the state's
population as a whole; and
Whereas, The West Virginia Advisory Committee to the United
States Commission on Civil Rights has found continuing reports of
racial discrimination in hiring, tension between law-enforcement
officers and African-American citizens and hate crimes and violence
against minorities, including reported incidents of harassment of
racial and ethnic minorities in schools; and
Whereas, The West Virginia Human Rights Commission reports that
two thirds of the hate crimes reported between 1992 and 2000 were
racially motivated; and
Whereas, The West Virginia Legislative Auditor's Performance
Evaluation and Research Division (PERD) reports that there is a
scarcity of minority and female state troopers, especially in upper
ranks, with only 16 (2.6 percent) of 606 troopers being female and
only 3 (1.3 percent) of 606 troopers being African-American; that
the percentages of female and African-American officers in county
sheriff's departments are even lower; and that the state's 10
largest cities employ, on average, only 4.6 percent female officers
and 3.9 percent African-American officers, even though most of those cities have significantly greater populations of African-Americans;
and
Whereas, The West Virginia State Police have voluntarily sought
to determine and monitor their own efforts relating to racial
profiling sensitivity during routine traffic stops; and
Whereas, According to data voluntarily collected and provided
by the West Virginia State Police, between October, 2002, and March,
2003, motor vehicles operated by minority drivers were stopped by
state troopers at a rate roughly comparable to the percentage of
minorities in the general state population. After being stopped, 63
percent of minority drivers were ticketed or arrested, compared to
51 percent of caucasian drivers, and warnings were issued to 37
percent of all minority drivers, compared to 49 percent of caucasian
drivers; and
Whereas, West Virginia enjoys both a low juvenile crime rate
and one of the nation's lowest juvenile detention rates, yet the
percentage of minority youth in the West Virginia juvenile justice
system exceeds the national rate of minority youths in the juvenile
justice system; and
Whereas, In West Virginia, African-Americans make up only 3.2
percent of the general population, but account for one third of the
adult prison population, one fifth of the juveniles placed in
detention and admitted to correctional facilities, and over one half of the juveniles transferred to adult jurisdiction for major
felonies; and
Whereas, There is a great and immediate need for comprehensive
data collection and analysis on a multiyear basis and for continuing
examination and review of solutions with regard to racial
disparities in the areas of civil rights, health, education,
housing, social issues, employment, economic development and
criminal and juvenile justice systems; therefore, be it
Resolved by the Legislature of West Virginia:
That the three branches of state government should cooperate
and encourage leaders of the state to identify and affirmatively
address minority issues and racial disparities in the areas of civil
rights, health, education, housing, social issues, employment,
economic development and criminal and juvenile justice systems; and,
be it
Further Resolved, That county boards of education should be
encouraged to aggressively recruit minority teachers and other
professionals to work in the public school system; and, be it
Further Resolved, That the Department of Education and county
boards of education be given greater flexibility to employ teachers
who are trained or experienced in working with African-American
children and parents; and, be it
Further Resolved, That the Legislature should provide funding for professional development to improve teachers' effectiveness with
African-American students and parents; and, be it
Further Resolved, That the Legislature should provide more
funding for academic enrichment programs in locations where there
are concentrations of poor and minority students, including more
early preschool programs and after-school programs; and, be it
Further Resolved, That the Department of Health and Human
Resources should increase access to education in welfare-to-work
programs and evaluate placement and referral policies; and, be it
Further Resolved, That the Governor continue the mission of the
Governor's Minority Students' Strategies Council to collect and
analyze information from other states and organizations regarding
effective policies and strategies for closing the academic
achievement gap between caucasian and minority students and to
prepare an annual report for the Governor, the State Board of
Education, the Higher Education Policy Commission, the Legislative
Oversight Commission on Education Accountability and the public,
outlining issues, recommendations and strategies to close the
academic achievement gap; and, be it
Further Resolved, That the Department of Education be required
to review its Policy No. 2421, 126 CSR 18 (1996) governing peer
harassment and violence against minority students, to study the
extent to which the Policy has been implemented in public schools throughout the state and to take necessary steps to ensure complete
implementation of the Policy in all public schools as soon as
reasonably possible; and, be it
Further Resolved, That the Department of Education and county
boards of education themselves, with the input of the local
communities, should provide hate crime prevention and response
programs in schools and antibias training and education for students
and teachers, including mechanisms to ensure harassment is reported
before problems escalate, and that there are appropriate responses
to incidents of harassment when they do occur; and, be it
Further Resolved, That the Legislature should direct resources
to support community-level partnership and innovation to address
racial and ethnic disparities in health care; and, be it
Further Resolved, That all governmental agencies, institutions
and corporate bodies at state and local levels should be encouraged
to regularly collect, analyze and report to the Department of
Administration data relating to racial disparities among children,
adults and families in West Virginia; and, be it
Further Resolved, That the Department of Administration should
review and, if necessary, establish or reform state procurement
policies and practices to assure that they meet federal and state
requirements and that they effectively encourage meaningful
participation of African-Americans and other minorities in the process of competing for and awarding of state contracts for goods
and services; and, be it
Further Resolved, That the State should continue to support and
expand small business incubator programs like the one in place at
Bluefield State College to encourage new and minority small business
development; and, be it
Further Resolved, That the State should undertake initiatives
to encourage African-American business ownership similar to those
efforts used to encourage greater rates of business ownership among
women; and, be it
Further Resolved, That the State should assist community and
economic development corporations to provide effective technical and
business advisory services to minority-owned and -operated
enterprises; and, be it
Further Resolved, That the Governor and the Legislature should
encourage industry, banks and other private businesses to hire
African-Americans and to encourage businesses to be more aggressive
in establishing diversity-conscious practices as employers and for
their operations; and, be it
Further Resolved, That the State should encourage traditional
and nontraditional lending institutions to be more creative and
favorable to lending in minority communities and to minority
persons, especially for business enterprises; and, be it
Further Resolved, That the Legislature should encourage small
business start-up and expansion and provide funding to assist
African-American and other minority vendors to meet bid bonding
requirements; and, be it
Further Resolved, That workforce investment boards should be
accountable for educating poor and minority persons for jobs better
than low-paying service jobs; and, be it
Further Resolved, That the West Virginia State Police and local
law-enforcement officers should be trained and required to collect
data regarding stops of motor vehicle operators which affect
everyone's precious right of privacy in their motor vehicles, which
data should include information on the stops and arrests of African-
Americans; and, be it
Further Resolved, That the West Virginia State Police and local
law-enforcement agencies be required to provide diversity training
for officers, including training to recognize and report hate
crimes; and, be it
Further Resolved, That the West Virginia State Police be
required to develop, in writing, goals for increasing the number of
women and African-Americans for all grades of officers and staff and
to report annually as to its efforts and success in meeting those
goals and be encouraged to employ African-American and other
minority persons as recruiting officers; and, be it
Further Resolved, That the Legislature, the Governor and the
Supreme Court should increase support for criminal justice research
and for the development, maintenance and continued assessment of
data related to the effectiveness of the court system in the areas
of criminal sentencing, juvenile adjudication and community-based
corrections; and, be it
Further Resolved, That the Legislature should protect and
maintain the confidentiality of juvenile records pending a study on
the adverse impact of the release of such records on the employment
and higher education opportunities of minority youth; and, be it
Further Resolved, That the West Virginia Supreme Court of
Appeals should continue to study issues related to minority youth,
including the highly disproportionate number of minority youth
transferred from juvenile to adult jurisdiction in the criminal
justice system through its Task Force to Study Perceived Racial
Disparity in the Juvenile Justice System and to study and develop
similar research projects with data collection in regard to adult
offenders; and, be it
Further Resolved, That state agencies should study racial
disparities in a number of areas to reduce gaps in educational
achievement and in the overrepresentation of African-Americans in
adult prisons and juvenile facilities and encourage all participants
in the educational and justice systems, including teachers, principals and other educational personnel, probation officers,
juvenile referees, judges, justices, prosecutors, attorneys, law-
enforcement officers, detention and correctional officers,
caseworkers, social service providers, agency staff and members of
the community to join in the study and development of policies and
programs to address racial disparities; and, be it
Further Resolved, That the Legislature, the Governor and the
Supreme Court should take immediate steps to develop, implement and
fund a collaborative and comprehensive community-based plan to study
and correct overrepresentation of minority children and adults in
the state's criminal and juvenile justice systems, with particular
attention to prevention of juvenile crime through mentoring,
diversion, recidivism-reduction strategies, in-school and after-
school programs, entrepreneurial education, job training and
placement alternatives, community-based sentencing for nonviolent
offenders and transition and reentry programs for offenders upon
completion of their sentences; and, be it
Further Resolved, That state agencies and the Legislature
should be encouraged to propose specific legislative proposals where
appropriate to facilitate these recommendations; and, be it
Further Resolved, That the Legislature should continue to study
minority and racial disparity issues in 2004; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of
West Virginia, the Justices of the West Virginia Supreme Court of
Appeals, the President of the West Virginia Senate and the Speaker
of the West Virginia House of Delegates.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
House Concurrent Resolution No. 25--Requesting the three
branches of state government to cooperate and encourage leaders of
the state, county and municipal governments to identify and
affirmatively address minority issues and racial disparities in the
areas of civil rights, health, education, housing, social issues,
employment, economic development and criminal and juvenile justice
systems in West Virginia in the interest of equality.
The question being on the adoption of the resolution (H. C. R.
No. 25), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 28, Requesting that September
12th of every year be declared as West Virginia Monarch Butterfly
Day.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 30, Requesting the United
States Congress to broaden the eligibility categories of membership
in veterans' organizations.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendment to the resolution, from the Committee
on Military, was reported by the Clerk and adopted:
On page one, in the Resolved clause, after the words "United
States" by inserting a comma and the words "wherever possible,".
The question being on the adoption of the resolution (H. C. R.
No. 30), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 47, Requesting a study on
providing limitations on nurse overtime policies in hospitals
operated by state agencies within West Virginia.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 55, Requesting a study whether
wild ginseng and cultivated ginseng should be regulated in the same
manner.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 58, Naming the new Watson
Bridge, over the West Fork River on U. S. Route 250 in Fairmont,
Marion County, West Virginia, the "Jim Costello Memorial Bridge".
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
Com. Sub. for House Concurrent Resolution No. 60, Designating
Route 19/25 near Sutton, Braxton County, as "Tiffany Jackson Drive"
in memory and honor of Tiffany Elaine Jackson.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.