ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2558
(By Delegates Campbell, Eldridge, Longstreth,
Marshall, Paxton, M. Poling, Stephens, Sumner and Tabb)
[Passed March 10, 2007; in effect from passage.]
AN ACT to repeal §18B-5-8 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5A-6-4 of said code; to amend
and reenact §18B-1B-3 of said code; to amend and reenact
§18B-2A-1 of said code; to amend said code by adding thereto
a new section, designated §18B-2A-9; to amend and reenact
§18B-2B-3 and §18B-2B-5 of said code; to amend and reenact
§18B-9-4 of said code; and to amend and reenact §18C-3-1 of
said code, all relating to higher education generally; Higher
Education Policy Commission; West Virginia Council for
Community and Technical College Education; donation of surplus
computers; authorizing Chief Technology Officer to establish
donation program; requiring Chief Technology Officer to
consult with and assist governing boards in creating a
donation program; requiring Chief Technology Officer to study
the recycling of obsolete technology; exempting donated
computers from certain procedures relating to disposition of surplus property; institutional boards of governors; providing
for election of officers; terms of office; meetings;
authorizing certain governing boards of state institutions of
higher education to create computer and computer equipment
donation programs; requiring the governing boards to consult
with the Chief Technology Officer prior to creating programs;
providing criteria for setting chancellor's salary;
authorizing institutions to provide salary increases if funds
are available to certain classified employees under certain
circumstances; increasing portion of a medical student loan
that may be cancelled under certain circumstances; and
deleting obsolete language.
Be it enacted by the Legislature of West Virginia:
That §18B-5-8 of the Code of West Virginia, 1931, as amended,
be repealed; that §5A-6-4 of said code be amended and reenacted;
that §18B-1B-3 of said code be amended and reenacted; that
§18B-2A-1 of said code be amended and reenacted; that said code be
amended by adding thereto a new section, designated §18B-2A-9; that
§18B-2B-3 and §18B-2B-5 of said code be amended and reenacted; that
§18B-9-4 of said code be amended and reenacted; and that §18C-3-1
of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-4. Powers and duties of the Chief Technology Officer;
generally.
(a) With respect to all state spending units the Chief
Technology Officer may:
(1) Develop an organized approach to information resource
management for this state;
(2) Provide, with the assistance of the Information Services
and Communications Division of the Department of Administration,
technical assistance to the administrators of the various state
spending units in the design and management of information systems;
(3) Evaluate, in conjunction with the Information Services and
Communications Division, the economic justification, system design
and suitability of information equipment and related services, and
review and make recommendations on the purchase, lease or
acquisition of information equipment and contracts for related
services by the state spending units;
(4) Develop a mechanism for identifying those instances where
systems of paper forms should be replaced by direct use of
information equipment and those instances where applicable state or
federal standards of accountability demand retention of some paper
processes;
(5) Develop a mechanism for identifying those instances where
information systems should be linked and information shared, while
providing for appropriate limitations on access and the security of
information;
(6) Create new technologies to be used in government, convene
conferences and develop incentive packages to encourage the
utilization of technology;
(7) Engage in any other activities as directed by the
Governor;
(8) Charge a fee to the state spending units for evaluations
performed and technical assistance provided under the provisions of
this section. All fees collected by the Chief Technology Officer
shall be deposited in a special account in the State Treasury to be
known as the Chief Technology Officer Administration Fund.
Expenditures from the fund shall be made by the Chief Technology
Officer for the purposes set forth in this article and are not
authorized from collections, but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
eleven-b of this code:
Provided, That the provisions of section
eighteen, article two, chapter eleven-b of this code shall not
operate to permit expenditures in excess of the spending authority
authorized by the Legislature. Amounts collected which are found
to exceed the funds needed for purposes set forth in this article
may be transferred to other accounts or funds and redesignated for
other purposes by appropriation of the Legislature;
(9) Monitor trends and advances in information technology and
technical infrastructure;
(10) Direct the formulation and promulgation of policies,
guidelines, standards and specifications for the development and
maintenance of information technology and technical infrastructure,
including, but not limited to:
(A) Standards to support state and local government exchange,
acquisition, storage, use, sharing and distribution of electronic
information;
(B) Standards concerning the development of electronic
transactions, including the use of electronic signatures;
(C) Standards necessary to support a unified approach to
information technology across the totality of state government,
thereby assuring that the citizens and businesses of the state
receive the greatest possible security, value and convenience from
investments made in technology;
(D) Guidelines directing the establishment of statewide
standards for the efficient exchange of electronic information and
technology, including technical infrastructure, between the public
and private sectors;
(E) Technical and data standards for information technology
and related systems to promote efficiency and uniformity;
(F) Technical and data standards for the connectivity,
priorities and interoperability of technical infrastructure used
for homeland security, public safety and health and systems
reliability necessary to provide continuity of government
operations in times of disaster or emergency for all state, county
and local governmental units; and
(G) Technical and data standards for the coordinated
development of infrastructure related to deployment of electronic
government services among state, county and local governmental
units;
(11) Periodically evaluate the feasibility of subcontracting
information technology resources and services, and subcontract only
those resources that are feasible and beneficial to the state;
(12) Direct the compilation and maintenance of an inventory of
information technology and technical infrastructure of the state,
including infrastructure and technology of all state, county and
local governmental units, which may include personnel, facilities,
equipment, goods and contracts for service, wireless tower
facilities, geographic information systems and any technical
infrastructure or technology that is used for law enforcement,
homeland security or emergency services;
(13) Develop job descriptions and qualifications necessary to
perform duties related to information technology as outlined in
this article; and
(14) Promulgate legislative rules, in accordance with the
provisions of chapter twenty-nine-a of this code, as may be
necessary to standardize and make effective the administration of
the provisions of article six of this chapter.
(b) With respect to executive agencies, the Chief Technology
Officer may:
(1) Develop a unified and integrated structure for information
systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and
time lines for addressing the information technology requirements
of the various executive agencies of state government;
(3) Exercise authority delegated by the Governor by executive order to overrule and supersede decisions made by the
administrators of the various executive agencies of government with
respect to the design and management of information systems and the
purchase, lease or acquisition of information equipment and
contracts for related services;
(4) Draw upon staff of other executive agencies for advice and
assistance in the formulation and implementation of administrative
and operational plans and policies;
(5) Recommend to the Governor transfers of equipment and human
resources from any executive agency and the most effective and
efficient uses of the fiscal resources of executive agencies, to
consolidate or centralize information-processing operations ;
(6) Create and implement a program to refurbish and donate
state surplus computers which are no more than four years old from
state agencies to public schools and low-income school children.
(A) The Chief Technology Officer is encouraged to collaborate
with other agencies including, but not limited to, the State Board
of Education; the Department of Education's Division of Technical
and Adult Services; Regional Education Service Agencies; the
Division of Corrections; Prison Industries; and private technology
industries in creating and establishing this program.
(B) Surplus computers to be donated pursuant to this
subdivision are not subject to the provisions of sections forty-
four and forty-five, article three of this chapter; and
(C) The Chief Technology Officer shall consult with and
provide any necessary assistance to any governing board of an institution of higher education creating a computer and computer
equipment donation program under section nine, article two-a,
chapter eighteen-b of this code; and
(7) Study the feasability of recycling obsolete computers,
computer equipment and other technology equipment.
(c) The Chief Technology Officer may employ the personnel
necessary to carry out the work of the Office of Technology and may
approve reimbursement of costs incurred by employees to obtain
education and training.
(d) The Chief Technology Officer shall develop a
comprehensive, statewide, four-year strategic information
technology and technical infrastructure policy and development plan
to be submitted to the Governor and the Joint Committee on
Government and Finance. The final plan shall be submitted by the
first day of June, two thousand seven. The plan shall include, but
not be limited to:
(A) A discussion of specific projects to implement the plan;
(B) A discussion of the acquisition, management and use of
information technology by state agencies;
(C) A discussion of connectivity, priorities and
interoperability of the state's technical infrastructure with the
technical infrastructure of political subdivisions and encouraging
the coordinated development of facilities and services regarding
homeland security, law enforcement and emergency services to
provide for the continuity of government operations in times of
disaster or emergency;
(D) A discussion identifying potential market demand areas in
which expanded resources and technical infrastructure may be
expected;
(E) A discussion of technical infrastructure as it relates to
higher education and health;
(F) A discussion of the use of public-private partnerships in
the development of technical infrastructure and technology
services; and
(G) A discussion of coordinated initiatives in website
architecture and technical infrastructure to modernize and improve
government to citizen services, government to business services,
government to government relations and internal efficiency and
effectiveness of services, including a discussion of common
technical data standards and common portals to be utilized by
state, county and local governmental units.
(e) The Chief Technology Officer shall oversee
telecommunications services used by state spending units for the
purpose of maximizing efficiency to the fullest possible extent.
The Chief Technology Officer shall establish microwave or other
networks and LATA hops; audit telecommunications services and
usage; recommend and develop strategies for the discontinuance of
obsolete or excessive utilization; participate in the renegotiation
of telecommunications contracts; and encourage the use of
technology and take other actions necessary to provide the greatest
value to the state.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-3. Meetings and compensation.
(a) The commission shall meet as needed at the time and place
specified by the call of the chairperson.
(b) The commission shall hold an annual meeting at the final,
regularly scheduled meeting of each fiscal year for the purpose of
electing officers. At the annual meeting, the commission shall
elect from its members appointed by the governor a chairperson and
other officers as it may consider necessary or desirable. All
officers are elected from the citizen appointees. The chairperson
and other officers are 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 chairperson
of the commission may serve no more than four consecutive terms as
chair.
(c) Members of the commission shall be reimbursed for actual
and necessary expenses incident to the performance of their duties
upon presentation of an itemized sworn statement of their expenses.
The reimbursement for actual and necessary expenses shall be paid
from appropriations made by the Legislature to the commission.
(d) A majority of the members constitutes a quorum for
conducting the business of the commission.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, 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
University and West Virginia University.
(b) The institutional board of governors for Marshall
University consists of sixteen persons and the institutional board
of governors for West Virginia University consists of eighteen
persons. Each other board of governors consists of twelve persons.
(c) Each board of governors 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) 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 chairpersons of the following boards serving
as ex officio, voting members:
(A) The institutional board of advisors of:
(i) The Community and Technical College at West Virginia
University Institute of Technology; and
(ii) West Virginia University at Parkersburg; and
(B) The Board of Visitors of West Virginia University
Institute of Technology.
(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.
(d) Of the eight or nine members appointed by the Governor, no
more than five may be of the same political party. 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 shall be residents
of the state. Of the twelve members appointed by the Governor to
the governing boards of Marshall University and West Virginia
University, at least eight shall be residents of the state.
(e) The student member serves for a term of one year. Each
term begins on the first day of July.
(f) The faculty member serves for a term of two years. 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.
(g) The member representing classified employees serves for a
term of two years. 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.
(h) The appointed lay citizen members serve terms of four years each and are eligible to succeed themselves for no more than
one additional term.
(i) 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. Each board of
governors shall elect one of its appointed lay members to be
chairperson in June of each year. A member may not serve as
chairperson for more than four consecutive years.
(j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(k) 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. This subsection does not prevent the representative
from the faculty, classified employees, 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.
(l) 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.
(m) 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.
(n) 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 serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
§18B-2A-9. Computer and computer equipment donation program.
(a) Notwithstanding any other provision of this code to the
contrary, the governing boards may create a program to donate
surplus computers and computer-related equipment to education
facilities, nonprofit organizations, juvenile detention centers,
municipal and county public safety offices and other public,
charitable or educational enterprises or organizations in this
state.
(b) Only equipment which otherwise would be transferred to the
Surplus Property Unit of the Purchasing Division may be donated;
(c) Each governing board which chooses to create a computer
and computer equipment donation program pursuant to this section
shall:
(1) Consult with the state's Chief Technology Officer before
creating the program;
(2) Keep records and accounts that clearly identify the
equipment donated, the age of the equipment, the reasons for
declaring it obsolete and the name of the education facility, nonprofit organization, juvenile detention center, municipal or
county public safety office or other public, charitable or
educational enterprise or organization to which the equipment was
donated; and
(3) Promulgate a rule in accordance with the provisions of
section six, article one of this chapter to implement the donation
program.
The rule shall contain at least the following:
(A) Specific procedures to be used for record keeping; and
(B) Provisions for fair and impartial selection of equipment
recipients.
ARTICLE 2B. 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) 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.
(b)
Chancellor for Community and Technical College Education.
(1) The council 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 is compensated at a level set by the
council not to exceed eighty percent of the average annual salary
of chief executive officers of the state systems of higher
education in the states that comprise the membership of the
Southern Regional Education Board.
(2) After the initial contract period, the council 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 council shall review the
evaluations and make a determination by vote of its members on
continuing employment and level of compensation.
(3) 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
subdivision (2) of this subsection.
§18B-2B-5. Meetings and compensation.
(a) The council shall meet as needed at the time and place
specified at the call of the chairperson. One meeting each year
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 at its final, regularly scheduled meeting of each fiscal year for the purpose of
electing officers. At the annual meeting, the council shall elect
from its voting members a chairperson and other officers as it may
consider necessary or desirable. The chairperson and other
officers shall be elected for one-year terms commencing on the
first day of July following the annual meeting and ending on the
thirtieth day of June of the following year. The chairperson of the
council may serve no more than four consecutive one-year terms as
chair.
(c) Members of the council serve without compensation.
Members shall be reimbursed for all reasonable and necessary
expenses actually incurred in the performance of official duties
under this article upon presentation of an itemized sworn statement
of their expenses. An ex officio member of the council who is an
employee of the state shall be reimbursed by the employing agency.
(d) A majority of the voting members constitutes a quorum for
conducting the business of the council. All action taken by the
council shall be by majority vote of the voting members present.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-4. Establishment of personnel classification system;
assignment to classification and to salary
schedule.
(a) The commission shall implement an equitable system of job
classifications, with the advice and assistance of staff councils and other groups representing classified employees, each
classification to consist of related job titles and corresponding
job descriptions for each position within a classification,
together with the designation of an appropriate pay grade for each
job title, which system shall be the same for corresponding
positions of the commission and in institutions under all governing
boards. The equitable system of job classification and the rules
establishing it which were in effect immediately prior to the
effective date of this section are hereby transferred to the
jurisdiction and authority of the commission and shall remain in
effect unless modified or rescinded by the commission.
(b) Any classified salary increases distributed within a state
institution of higher education after the first day of July, two
thousand one, shall be in accordance with the uniform
classification system and a uniform and equitable salary policy
adopted by each individual board of governors. Each salary policy
shall detail the salary goals of the institution and the process
whereby the institution will achieve or progress toward achievement
of placing each classified employee at his or her minimum salary on
the schedule established pursuant to section three of this article.
(c) A classified employee may receive a salary in excess of
the salary established by the salary schedule for his or her pay
grade and years of experience only if all such employees at the
institution are receiving at least the minimum salary for their pay
grade and years of experience as established for them by the salary
schedule:
Provided, That any salary increase must be provided in a manner that is consistent with the uniform classification system
and the institution's salary policy.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.
§18C-3-1. Health Education Loan Program; establishment;
administration; eligibility and loan cancellation;
required report.
(a) For the purposes of this section, "vice chancellor of
administration" means the person employed pursuant to section two,
article four, chapter eighteen-b of this code.
(b) There is continued a special revolving fund account under
the commission in the State Treasury to be known as the Health
Education Student Loan Fund which shall be used to carry out the
purposes of this section. The fund consists of:
(1) All funds on deposit in the medical student loan fund in
the state treasury or which are due or become due for deposit in
the fund as obligations made under the previous enactment of this
section;
(2) Those funds provided pursuant to the provisions of section
four, article ten, chapter eighteen-b of this code;
(3) Appropriations provided by the Legislature;
(4) Repayment of any loans made under this section;
(5) Amounts provided by medical associations, hospitals or
other medical provider organizations in this state, or by political
subdivisions of the state, under an agreement which requires the recipient to practice his or her health profession in this state or
in the political subdivision providing the funds for a
predetermined period of time and in such capacity as set forth in
the agreement; and
(6) Other amounts which may be available from external
sources.
Balances remaining in the fund at the end of the fiscal year
do not expire or revert. All costs associated with administering
this section shall be paid from the Health Education Student Loan
Fund.
(c) The vice chancellor for administration may use any funds
in the Health Education Student Loan Fund for the purposes of the
Medical Student Loan Program. The commission shall give priority
for the loans to residents of this state, as defined by the
commission. An individual is eligible for loan consideration if
the individual:
(1) Demonstrates financial need;
(2) Meets established academic standards;
(3) Is enrolled or accepted for enrollment at one of the
aforementioned schools of medicine in a program leading to the
degree of medical doctor (M.D.) or doctor of osteopathy (D.O.);
(4) The individual has not yet received one of the degrees
provided in subdivision (3) of this subsection; and
(5) Is not in default of any previous student loan.
(d) At the end of each fiscal year, any individual who has
received a medical student loan and who has rendered services as a medical doctor or a doctor of osteopathy in this state in a
medically underserved area or in a medical specialty in which there
is a shortage of physicians, as determined by the Division of
Health at the time the loan was granted, may submit to the
commission a notarized, sworn statement of service on a form
provided for that purpose. Upon receipt of the statement the
commission shall cancel ten thousand dollars of the outstanding
loan or loans for every full twelve consecutive calendar months of
such service.
(e) No later than thirty days following the end of each fiscal
year, the vice chancellor for administration shall prepare and
submit a report to the commission for inclusion in the statewide
report card required under section eight, article one-b, chapter
eighteen-b of this code to be submitted to the Legislative
Oversight Commission on Education Accountability established under
section eleven, article three-a, chapter twenty-nine-a of this
code. At a minimum, the report shall include the following
information:
(1) The number of loans awarded;
(2) The total amount of the loans awarded;
(3) The amount of any unexpended moneys in the fund; and
(4) The rate of default during the previous fiscal year on the
repayment of previously awarded loans.
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