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Introduced Version - Originating in Committee Senate Bill 724 History

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SENATE BILL NO. 724

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[Originating in the Committee on Education;

reported April 3, 2001.]

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A BILL to amend and reenact sections one, two and three, article seventeen, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section four, all relating to authorizing rules; board of trustees; board of directors; higher education policy commission; reduced tuition and fee program for state residents who are at least sixty-five years of age; and higher education finance policy.

Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article seventeen, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section designated section four all to read as follows:
ARTICLE 17. LEGISLATIVE RULES.

§18B-17-1. Legislative authorization; effective date of rules; technical deficiencies waived.

Under the provisions of article three-a, chapter twenty-nine-a of the code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in sections two and three of this article, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. The Legislature further declares that all rules now or hereafter authorized under sections two and three of in this article are within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.
The effective date of the legislative rules authorized in sections two and three of this article shall be is governed by the provisions of section fourteen, article three-a, chapter twenty- nine-a of this code unless the governing board promulgating the rules establishes an effective date which is earlier than that provided by said section, in which case the effective date established by the governing board shall control, unless the Legislature, in the bill authorizing the rules, establishes an effective date for such rules, in which case the effective date established by the Legislature shall control.
The Legislature further declares each legislative rule now or hereafter authorized under this article to have been validly promulgated, notwithstanding any failure to comply with any requirement of article three-a, chapter twenty-nine-a of this code relating to the promulgation of rules at any stage of the promulgation process prior to authorization by the Legislature in sections two and three of this article.
§18B-17-2. Board of trustees.
(a) The legislative rules filed in the state register on the third day of December, one thousand nine hundred ninety-one, modified by the board of trustees to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the twenty-first day of January, one thousand nine hundred ninety-two, relating to the board of trustees (report card), are authorized.
(b) The legislative rules filed in the state register on the thirteenth day of July, one thousand nine hundred ninety-one, relating to the board of trustees (equal opportunity and affirmative action), are authorized.
(c) The legislative rules filed in the state register on the eighth day of September, one thousand nine hundred ninety-two, relating to the board of trustees (holidays), are authorized.
(d) The legislative rules filed in the state register on the third day of April, one thousand nine hundred ninety-two, relating to the board of trustees (alcoholic beverages on campuses), are authorized.
(e) The legislative rules filed in the state register on the fifteenth day of November, one thousand nine hundred ninety-three, relating to the board of trustees (acceptance of advanced placement credit), are authorized.
(f) The legislative rules filed in the state register on the thirteenth day of December, one thousand nine hundred ninety-three, modified by the board of trustees to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the twenty-first day of January, one thousand nine hundred ninety-four, relating to the board of trustees (assessment, payment and refund of fees), are authorized.
(g) The legislative rules filed in the state register on the first day of November, one thousand nine hundred ninety-three, modified by the board of trustees to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the twenty-first day of December, one thousand nine hundred ninety-three, relating to the board of trustees (personnel administration), are authorized.
(h) The legislative rules filed in the state register on the twenty-seventh day of January, one thousand nine hundred ninety-four, relating to the board of trustees (resource allocation policy), are authorized.
(i) The legislative rules filed in the state register on the fourth day of December, one thousand nine hundred ninety-five, modified by the board of trustees to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the fifteenth day of February, one thousand nine hundred ninety-six, relating to the board of trustees (higher education report card), are authorized.
(j) The legislative rules filed in the state register on the nineteenth day of December, one thousand nine hundred ninety-seven, relating to the board of trustees (Underwood-Smith teacher scholarship program), are authorized.
(k) The legislative rules filed in the state register on the third day of September, one thousand nine hundred ninety-nine, modified by the board of trustees to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the fourth day of November, one thousand nine hundred ninety-nine, relating to the board of trustees (higher education adult part-time student grant program), are authorized.
(l) The legislative rules filed in the state register on the fourth day of November, one thousand nine hundred ninety-nine, modified by the board of trustees to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the twenty-eighth day of January, two thousand, relating to the board of trustees (engineering, science and technology scholarship program), are authorized.
(m) The legislative rules filed in the state register on the eleventh day of August, two thousand, relating to the board of trustees (reduced tuition and fee program for state residents who are at least sixty-five years of age), are authorized.
§18B-17-3. Board of directors.
(a) The legislative rules filed in the state register on the sixteenth day of December, one thousand nine hundred ninety-one, modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the twenty-first day of January, one thousand nine hundred ninety-two, relating to the board of directors (report card), are authorized.
(b) The legislative rules filed in the state register on the twenty-seventh day of September, one thousand nine hundred ninety-one, relating to the board of directors (equal opportunity and affirmative action), are authorized.
(c) The legislative rules filed in the state register on the fourth day of December, one thousand nine hundred ninety-one, relating to the board of directors (holiday policy), are authorized.
(d) The legislative rules filed in the state register on the nineteenth day of March, one thousand nine hundred ninety-two, as modified and refiled in the state register on the tenth day of July, one thousand nine hundred ninety-two, relating to the board of directors (presidential appointments, responsibilities and evaluations), are authorized.
(e) The legislative rules filed in the state register on the twentieth day of September, one thousand nine hundred ninety-three, relating to the board of directors (acceptance of advanced placement credit), are authorized.
(f) The legislative rules filed in the state register on the tenth day of December, one thousand nine hundred ninety-three, relating to the board of directors (resource allocation policy), are authorized.
(g) The legislative rules filed in the state register on the eighth day of December, one thousand nine hundred ninety-three, modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the eleventh day of January, one thousand nine hundred ninety-four, relating to the board of directors (assessment, payment and refund of fees), are authorized.
(h) The legislative rules filed in the state register on the first day of November, one thousand nine hundred ninety-three, modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the twenty-first day of December, one thousand nine hundred ninety-three, relating to the board of directors (personnel administration), are authorized.
(i) The legislative rules filed in the state register on the twenty-seventh day of October, one thousand nine hundred ninety-four, modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the nineteenth day of December, one thousand nine hundred ninety-four, relating to the board of directors (proprietary, correspondence, business, occupational and trade schools), are authorized.
(j) The legislative rules filed in the state register on the eighteenth day of April, one thousand nine hundred ninety-five, relating to the board of directors (contracts and consortium agreements with public schools, private schools or private industry), are authorized.
(k) The legislative rules filed in the state register on the seventeenth day of November, one thousand nine hundred ninety-five, modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the fourth day of January, one thousand nine hundred ninety-six, relating to the board of directors (higher education report cards), are authorized.
(l) The legislative rules filed in the state register on the nineteenth day of December, one thousand nine hundred ninety-seven, relating to the board of directors (Underwood-Smith teacher scholarship program), are authorized.
(m) The legislative rules filed in the state register on the ninth day of December, one thousand nine hundred ninety-nine, relating to the board of directors (increased flexibility for freestanding community and technical colleges), are authorized.
(n) The legislative rules filed in the state register on the third day of September, one thousand nine hundred ninety-nine, modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the fourth day of November, one thousand nine hundred ninety-nine, relating to the board of directors (higher education adult part-time student grant program), are authorized.
(o) The legislative rules filed in the state register on the fourth day of November, one thousand nine hundred ninety-nine, modified by the board of directors to meet the objections of the legislative oversight commission on education accountability and refiled in the state register on the twenty-eighth day of January, two thousand, relating to the board of directors (engineering, science and technology scholarship program), are authorized.
(p) The legislative rules filed in the state register on the twelfth day of June, two thousand, relating to the board of directors (reduced tuition and fee program for state residents who are at least sixty-five years of age), are authorized.
§18B-17-4. Higher education policy commission.
The legislative rule filed in the state register on the second day of February, two thousand one and modified and refiled on the third day of April, two thousand one, relating to the higher education policy commission (higher education finance policy), are authorized.
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