COMMITTEE SUBSTITUTE
FOR
H. B. 4712
(By Mr. Speaker, Mr. Kiss, and Delegates Mezzatesta,
Michael, Beane, Kominar and Hall
)
(Originating in the Committee on Education)
[March 1, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-1-5, relating to
higher education; institutions of higher education; and
providing autonomy and operating flexibility to the
institutions.
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-1-5, to read as
follows:
ARTICLE 1. GOVERNANCE.
§18B-1-5. Flexibility for certain institutions of higher education.
(a) The Legislature finds that the statutes and policies
governing the institutions listed in subsection (b) of this section
are unduly burdensome and prevent those institutions from operating
in an efficient and economical manner. It is the intent of the Legislature to maintain high quality and competitive higher
education institutions and programs and to provide the desired
operating flexibility and cost-savings to those institutions by
exempting those institutions from the provisions of law which
hinder their efficient and economical operation.
(b) The provisions of this code listed in subsection (d) of
this section do not apply to West Virginia university; Marshall
university; West Virginia school of osteopathic medicine; Bluefield
state college; Concord college; Fairmont state college; Glenville
state college; Shepherd college; West Liberty state college or West
Virginia state college.
(c) The provisions of law listed in subsection (d) of this
section continue to apply to the community and technical college at
West Virginia university institute of technology; West Virginia
university at Parkersburg; West Virginia northern community and
technical college; eastern West Virginia community and technical
college; New River community and technical college; Marshall
community and technical college; Fairmont state community and
technical college; and Shepherd community and technical college.
(d) The following provisions of this code do not apply to the
institutions listed in subsection (b) of this section: Article
six-a, chapter twenty-nine of this code; section six, article one
of this chapter; sections three, four and five, article one-a of
this chapter; article one-b of this chapter; sections one, two, three, four, five, six, seven, eight, nine, ten and eleven, article
seven of this chapter; article eight of this chapter; article nine
of this chapter; and sections one, two, three, four, four-a, eight,
eleven, twelve, thirteen and fourteen, article ten of this chapter.
(e) The higher education policy commission is abolished. All
powers, duties, authorities, responsibilities, property,
obligations, contracts, rules, orders and resolutions of the
commission are transferred to the council, which shall be exercised
by the council in fulfilling its responsibilities over the
community and technical colleges and in maintaining statewide
higher education programs including, but not limited to, student
financial aid.
(f) The governing board of each institution listed in
subsection (b) of this section is responsible for operating the
institution in the manner it determines to be most effective and
efficient. Authorities and responsibilities of each governing
board includes establishing any policy necessary to implement the
provisions of this section and continue operation of the
institution; setting tuition and fee rates; negotiating faculty and
staff salaries, benefits and responsibilities; determining and
delivering programs and services at the institution; maintaining
the institutional compact; and maintaining the goals for
postsecondary education established by the Legislature.
(g) The general revenue portion of the institutional operating budget for each institution listed in subsection (b) of this
section shall be set by legislative appropriation for ten years.
In any year, the general revenue appropriation for each institution
may not exceed one-half percent greater than the general revenue
appropriation for the prior fiscal year.