COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 401
(By Senator Plymale)
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[Originating in the Committee on Education;
reported March 4, 2005.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-2A-7, relating
to institutional boards of governors; orders, resolutions,
policies, rules and obligations of the governing boards;
division of assets and liabilities by date certain; and
financial audits.
Be it enacted by the Legislature of West Virginia:
That
the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-2A-7, to read as
follows:
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-7. Transfer of orders, resolutions, policies and rules,
obligations, etc.; division of assets and
liabilities; financial audits.
(a) When a board of governors is established for the Community
and Technical College of Shepherd or New River Community and
Technical College, all orders, resolutions, policies and rules
adopted or promulgated by the community and technical college's
sponsoring institution relating to the community and technical
college or community and technical college education, or which the
newly established board of governors finds necessary for the
exercise of its lawful powers and duties pursuant to the provisions
of this chapter, shall continue in effect until rescinded, revised,
altered or amended by the newly established board of governors.
Nothing in this section requires the initial rules or policies of
the community and technical college to be promulgated again under
the rule adopted by the council for community and technical college
education pursuant to section six, article one of this chapter
unless such rules or policies are rescinded, revised, altered or
amended.
(b) Each valid agreement and obligation, undertaken or agreed
to on behalf of either of the above community and technical colleges
by its sponsoring institution before a board of governors is
established for the community and technical college is hereby
transferred to the board of governors of the community and technical
college once established.
(c) The boards of governors of each former sponsoring
institution and community and technical college shall jointly agree
on a division of all assets and liabilities between the sponsoring
institution and the community and technical college. If the boards of governors are unable to reach agreement concerning a division of
assets and liabilities on or before the first day of May following
the date on which the board of governors of the community and
technical college is established, the boards of governors shall
submit a summary of issues in dispute to the higher education policy
commission and the council for community and technical college
education which shall jointly resolve all outstanding issues
concerning the division of assets and liabilities.
(d) The division of all assets and liabilities between the
former sponsoring institution and community and technical college
shall be effective on the first day of July following the date on
which the board of governors of the community and technical college
is established.
(e) Any financial audit conducted for the period before the
effective date of the division of assets and liabilities shall treat
the community and technical college as an administratively linked
institution.
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(NOTE: The purpose of this bill is to provide for adoption or
transfer of orders, resolutions, policies, rules and obligations of
the institutional governing boards of New River Community and
Technical College and the Community and Technical College of
Shepherd. The bill also provides for division of assets and
liabilities between the baccalaureate institutions and their
administratively linked community and technical colleges while
providing guidelines for financial audits conducted before the final
division of assets and liabilities becomes effective.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)