COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 165
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
____________
[Originating in the Committee on Education;
reported February 20, 2004.]
____________
A BILL to repeal §18B-10-3, §18B-10-4a and §18B-10-10 of the code
of West Virginia, 1931, as amended; to amend and reenact
§18B-10-1, §18B-10-2, §18B-10-4, §18B-10-4b, §18B-10-5,
§18B-10-6, §18B-10-7a, §18B-10-8, §18B-10-9, §18B-10-11,
§18B-10-12, §18B-10-13, §18B-10-14 and §18B-10-15 of said
code; to amend said code by adding thereto a new section,
designated §18B-10-1b; and to amend and reenact §18C-3-1 of
said code, all relating to tuition and fee simplification for
public higher education; repealing obsolete language; creating
classifications of fees; authorizing user fee for library
services under certain circumstances; authorizing deferred
payment plans for students; requiring maintenance of support
for certain instructional and student activities; clarifying
authority of commission to enter into trust agreements;
clarifying purposes for which fees may be used; deleting certain restrictions on bookstore sales; and clarifying terms
and conditions for the health education student loan program.
Be it enacted by the Legislature of West Virginia:
That §18B-10-3, §18B-10-4a and §18B-10-10 of the code of West
Virginia, 1931, as amended, be repealed; that §18B-10-1, §18B-10-2,
§18B-10-4, §18B-10-4b, §18B-10-5, §18B-10-6, §18B-10-7a, §18B-10-8,
§18B-10-9, §18B-10-11, §18B-10-12, §18B-10-13, §18B-10-14 and
§18B-10-15 of said code be amended and reenacted; that said code be
amended by adding thereto a new section, designated §18B-10-1b; and
that §18C-3-1 of said code be amended and reenacted, all to read as
follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among such
tuition and fees
any one or more of the following
as defined in section one-b of
this article:
(1)
Health service fees Tuition and required educational and
general fees;
(2)
Infirmary fees Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing system-wide and institutional debt
service and future systemwide and institutional debt service,
capital projects and campus renewal for educational and general
facilities.
Subject to any covenants or restrictions imposed with respect
to revenue bonds payable from such accounts, an institution may
expend funds from each such special revenue account for any purpose
for which funds were collected within that account regardless of
the original purpose for which the funds were collected.
(3) (c) The purposes for which tuition and fees may be
expended include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular
fees
activities. which fees Additionally, tuition and fees may be used
to finance a students' attorney to perform legal services for
students in civil matters at
such the institutions:
Provided, That
such the legal services
shall be are limited only to those types of
cases, programs or services approved by the administrative head of
such the institution where
such the legal services are to be
performed.
and
(4) Graduate center fees and branch college fees, or either, if the establishment and operations of graduate centers or branch
colleges are otherwise authorized by law.
(b) All fees collected at any graduate center or at any branch
college shall be paid into special funds and shall be used solely
for the maintenance and operation of the graduate center or branch
college at which they were collected The commission shall set
tuition and fee goals for residents at each institution after
examining tuition and fees at the institutions' peers. Tuition and
fees for nonresident, undergraduate students shall, at a minimum,
cover actual instructional costs as determined in accordance with
commission policy. Students enrolled in undergraduate courses
offered at off-campus locations shall pay an off-campus instruction
fee and may not be required to pay the athletic fee and the student
activity fee
(d) A state institution of higher education is authorized to
charge a fee for the use of its library facilities and materials,
including access to the internet and electronic databases, to any
student enrolled at that institution or any nonresident of the
state. The institution may not charge such fees to residents of
the state who are not students enrolled at that institution.
(e) The commission shall propose a rule for legislative
approval in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code to govern the fixing, collection
and expenditure of tuition and other fees.
(f) The Legislature finds that an emergency exists and,
therefore, the commission shall file the rule required by subsection (d) of this section as an emergency rule pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code,
subject to the prior approval of the legislative oversight
commission on education accountability.
(c) (g) The off-campus instruction fee shall be used solely
for the support of off-campus courses offered by the institution.
Off-campus locations for each institution shall be defined by the
appropriate governing board. The schedule of all
tuition and fees,
and any changes therein, shall be entered in the minutes of the
meeting of the appropriate governing board and the board shall file
with the
commission and the legislative auditor a certified copy of
such schedule and changes.
(d) In addition to the fees mentioned in the preceding
paragraph, each governing board may impose and collect a student
union building fee. All such building fees collected at an
institution shall be paid into a special student union building
fund for such institution, which is hereby created in the state
treasury. Pursuant to the provisions of section ten of this
article, the fees shall be used only for the following purposes:
(1) The construction, operation and maintenance of a student
union building or a combination student union and dining hall
building;
(2) The payment of the principal of and interest on any bond
issued to finance part or all of the construction of a student
union building or a combination student union and dining hall
building; or
(3) The renovation of an existing structure for use as a
student union building or a combination student union and dining
hall building, all as more fully provided in section ten of this
article.
Any moneys in such funds not needed immediately for such
purposes may be invested in any such bonds or other securities as
are now or hereafter authorized as proper investments for state
funds.
(e) (h) The boards shall establish the rates to be charged
full-time students,
as defined in section one-b of this article,
who are enrolled during a regular academic term.
(1) For fee purposes, a full-time undergraduate student is one
enrolled for twelve or more credit hours in a regular term, and a
full-time graduate student is one enrolled for nine or more credit
hours in a regular term.
(2) (1) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour and
graduate students taking fewer than nine credit hours in a regular
term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(3) (2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the above provisions.
(f) (i) All fees are due and payable by the student upon
enrollment and registration for classes except as provided for in
this subsection:
(1) The governing boards shall permit fee payments to be made
in
up to three installments over the course of the academic term.
All fees shall be paid prior to the awarding of course credit at
the end of the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing
boards may charge the students for the reasonable and customary
charges incurred in accepting credit cards and other methods of
payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The commission shall propose a rule in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code,
defining conditions under which an institution may offer tuition
and fee deferred payment plans through the institution or through
third parties.
(5) An institution may charge interest or fees for any
deferred or installment payment plans.
(g) The rule related to assessment, payment and refund of fees including refund of fees upon voluntary or involuntary withdrawal
from classes, shall comply with all applicable state and federal
laws and shall be uniformly applied throughout the system.
(h) (j) In addition to the other fees provided in this
section, each governing board may impose, collect and distribute a
fee to be used to finance a nonprofit, student-controlled public
interest research group if the students at the institution
demonstrate support for the increased fee in a manner and method
established by that institution's elected student government. The
fee may not be used to finance litigation against the institution.
(k) In addition to the other fees provided in this section,
each governing board has the authority to impose, collect and
expend the proceeds of a special equity fee under the following
conditions:
(1) 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;
(2) The fee is exempt from limitations on fee increases set
forth in this article for three years from the effective date of
this section;
(3) The fee may not be used by an institution to advance its
classification of participation in its athletics governing body;
and
(4) The fee may not be imposed upon part-time students or
students enrolled in an administratively linked community and
technical college.
(i) (l)Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with
a revised the tuition
policy rule adopted by the respective
governing boards and approved proposed by the commission
pursuant
to section one of this article. The
revised tuition
policy rule
shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
commission a mandatory auxiliary fee under the following
conditions:
(A) The fee shall be approved by the commission and either the
students at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees and
that the amount
of the state subsidy
shall be
returned to general revenue retained by the institution
and used for instructional purposes. All state subsidies for the
auxiliary services shall cease five years from the date the mandatory auxiliary fee
was is implemented;
(E) The commission shall certify to the Legislature by the
first day of October in the fiscal year following implementation of
the fee, and annually thereafter, the amount of fees collected for
each of the five years;
(4) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.
(j) (m) A penalty may not be imposed by the commission upon
any institution based upon the number of nonresidents who attend
the institution unless the commission determines that admission of
nonresidents to any institution or program of study within the
institution is impeding unreasonably the ability of the resident
students to attend the institution or participate in the programs
of the institution. The institutions shall report annually to the
commission on the numbers of nonresidents and such other enrollment
information as the commission may request.
(k) (n) Tuition and fee increases of the governing boards are
subject to rules adopted by the commission
pursuant to this section
and in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code.
pursuant to subsection (a), section
four, article one-b of this chapter
(1) A governing board may propose tuition and fee increases of up to nine and one-half percent for undergraduate resident students
for any fiscal year, except that proposed tuition and fees
increases for community and technical colleges may be up to four
and three quarters percent. Any proposed increase shall be
approved by the commission. The commission shall examine
individually each request from a governing board for an increase.
Approval for any increase shall be based on a determination by the
commission that the institution has met the following conditions:
In determining whether to approve or disapprove the governing
board's request, the commission shall make a determination on the
progress the institution has made toward meeting the conditions
outlined in this subdivision and shall make this determination a
major factor in its decision. The commission shall consider the
degree to which each institution has met the following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the commission;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of
article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Is implementing the efficiency measures required by
section nine, article five of this chapter;
(E) Has demonstrated to the satisfaction of the commission
that an increase will be used to maintain high-quality programs at the institution;
(F) Has demonstrated to the satisfaction of the commission
that the institution is making adequate progress toward achieving
the goals for education established by the southern regional
education board; and
(G) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(2) In making a determination on tuition and fee proposals the
commission also may take into consideration whether the per capita
income in an institution's service region exceeds the state per
capita income. For the purposes of this subdivision only:
(A) Service region is the county in which the main campus of
the institution is located and the contiguous West Virginia
counties; and
(B) Per capita income for the service region shall be computed
using the most current annual, county-level per capita income data
published by the United States department of commerce, bureau of
economic analysis, weighted by the compatible year population
estimates published by the United States census bureau.
(3) (2) This section may not be construed to require equal
increases among institutions or to require any level of increase at
an institution.
(4) (3) The commission shall report to the legislative
oversight commission on education accountability regarding the
basis for each approval or denial as determined using the criteria established in subdivision (1) of this subsection.
(o) The amount of fees assessed immediately prior to the
effective date of this act under the provisions of this article
relating to a higher education resource fee, a faculty improvement
fee, a medical education fee, a health professions fee and a
student activities fee are included in the appropriate tuition or
fees classifications established under subsection (a) of this
section.
§18B-10-1b. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Auxiliary capital fees" means charges levied on students
to support debt service, capital projects and campus maintenance
and renewal for the auxiliary facilities of the institutions;
(b) "Auxiliary fees" means charges levied on all students to
support auxiliary enterprises or optional charges levied only on
students using the auxiliary service. Auxiliary fees include sales
and service revenue from entities that exist predominately to
furnish goods or services to students, faculty or staff such as
residence halls, faculty and staff housing, food services,
intercollegiate athletics, student unions, bookstores, parking and
other service centers;
(c) "Full-time graduate student" means an individual who is
enrolled for nine or more credit hours in a regular term;
(d) "Full-time undergraduate student" means an individual who is enrolled for twelve or more credit hours in a regular term;
(e) "Required educational and general capital fees" means: (1)
Charges levied on all students to support debt service of
systemwide bond issues; and (2) charges levied on all students to
support debt service, capital projects and campus maintenance and
renewal for an institution's educational and general educational
facilities; and
(f) "Tuition and required educational and general fees" means:
(1) Charges levied on all students of that class or category to
support educational and general program services; and (2) optional
charges levied for education and general services collected only
from students using the service or from students for whom the
services are made available. Educational and general expenditures
are categorized as instruction, research, academic support, student
services, institutional support, operation and maintenance of plant
and scholarships and fellowships. Education and general
expenditures do not include expenditures for auxiliary enterprises,
hospitals or independent operations.
§18B-10-2. Higher education resource assessment.
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. (a) Pursuant to the authority granted by section
four, article one-b of this chapter, the commission shall establish
a higher education resource assessment per student for each state
institution of higher education under its jurisdiction. The institutions shall transfer all funds collected pursuant to this
section to the commission.
(b) The commission shall fix the
fee rates assessment for the
various institutions and classes of students under its jurisdiction
and may, from time to time, change these
rates assessments. The
amount of the
fee charged at assessment for 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 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
(c) Each institution shall maintain a level of support 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
comparable to that level supported by the higher
education resource fee previously authorized by this section.
Up
to ten percent of the fee collections
(d) The assessment 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.
: Provided, That To the maximum extent practicable, the
board
commission shall
to the maximum extent practicable, offset the
impact, if any, on financially needy students of any potential
fee
assessment increases under this section by allocating an
appropriate amount of
such fee the 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 shall on or before the first day of July of
each year, 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.
§18B-10-4. Medical education.
In addition to the fees specifically provided for in sections
one, two and three of this article, all
The commission shall determine an appropriate portion of all
tuition and fees paid by medical students enrolled for credit at
the West Virginia university school of medicine, Marshall
university school of medicine and the West Virginia school of
osteopathic medicine
to be used to support the health education
student loan fund. shall pay a medical education fee. The board of
trustees shall fix the fee rates for students at each institution
and may from time to time change these rates. The fee imposed by
this section is in addition to the maximum fees allowed to be
collected under the provisions of section one of this article and
is not limited thereby. Refunds of the fee may be made in the same
manner as any other fee collected at state institutions of higher education. Medical education fees collected shall be deposited in
a special revenue account which is hereby created in the state
treasury for the school at which the fees are collected and shall
be used by the school to offset general operating costs: Provided,
That the board of trustees shall deposit a portion of the total
fees collected therein into The portion determined by the
commission for this purpose shall be deposited into the health
education student loan fund account in accordance with the
provisions of article three, chapter eighteen-c of this code.
Before the first day of July of each year, the board of
trustees shall provide the legislative auditor with a report of the
projected fee collections for each of the schools of medicine.
§18B-10-4b. Additional fee waivers for health sciences and
technology academy programs.
(a) In addition to the number of fee waivers permitted in
sections five and six of this article for undergraduate, graduate
and professional schools, each state institution of higher
education may waive all fees or any part thereof for students who
are residents of West Virginia and who successfully complete the
health sciences and technology academy affiliated programs.
as
defined in chapter eighteen-b, article one, section two of the code
of West Virginia.
(b) For purposes of
this section
four-b, article ten, chapter
eighteen-b of this code, "Health Sciences and Technology Academy
Programs" means
those programs
in the for health sciences
designed
to assist junior high and high school students, in conjunction with their parents and teachers, to enhance their knowledge and
abilities in subject matters which
would will further a career in
the field of health sciences.
§18B-10-5. Fee waivers -- Undergraduate schools.
From time to time, each governing board may establish
, from
time to time, fee waivers for students in undergraduate studies at
institutions under its jurisdiction entitling recipients to waiver
of
enrollment, tuition,
registration capital higher education
resource and other fees subject to the following conditions and
limitations:
(1) (a) No state
educational institution
of higher education
may have in effect at any time undergraduate fee waivers in a
number which exceeds five percent of the number of full-time
equivalent undergraduate students registered during the fall
semester of the immediately preceding academic year.
(2) (b) Each undergraduate fee waiver
shall entitle entitles
the recipient thereof to attend a designated state
educational
institution
of higher education without payment of the
enrollment,
tuition,
registration capital higher education resource and other
fees as may be prescribed by the governing board and
be is for a
period of time not to exceed eight semesters of undergraduate
study.
(3) (c) The governing board shall make rules governing the
award of undergraduate fee waivers, the issuance and cancellation
of certificates entitling the recipients to the benefits thereof,
the use of the fee waivers by the recipients and the rights and duties of the recipients in respect to the fee waivers. These
rules may not be inconsistent with the provisions of this section.
(4) (d) The awarding of undergraduate fee waivers shall be
entered in the minutes of the meetings of the governing board.
and
each board shall file with the legislative auditor a copy of the
rules governing the award of the fee waivers and a list of the
names of the recipients thereof
§18B-10-6. Fee waivers - Professional and graduate schools.
In addition to the fee waivers heretofore authorized for
undergraduate study by the provisions of section five of this
article,
from time to time, each governing board may establish
from
time to time fee waivers for study in graduate and professional
schools under
their its jurisdiction, including medicine and
dentistry, entitling the recipients to waiver of
enrollment
tuition,
registration capital higher education resource and other
fees, subject to the following conditions and limitations:
(1) (a) West Virginia university may not have in effect at any
time graduate and professional school fee waivers in a number which
exceeds ten percent of the number of full-time equivalent graduate
and professional students registered during the corresponding fall
semester, spring semester and summer term of the immediately
preceding academic year. In addition to the above ten percent, all
graduate assistants employed by West Virginia university shall be
granted a fee waiver.
(b) All other Institutions of higher education
other than West
Virginia university may not have in effect at any time graduate and professional school fee waivers in a number which exceeds five
percent of the number of full-time equivalent graduate and
professional students registered during the corresponding fall
semester, spring semester and summer term of the immediately
preceding academic year. In addition to the above five percent,
all graduate assistants employed by
the other these institutions
shall be granted a fee waiver.
(2) (c) Each graduate or professional school fee waiver
shall
entitle entitles the recipient to waiver of the
enrollment,
tuition,
registration capital higher education resource and other
fees as may be prescribed by the governing boards and
be is for a
period of time not to exceed the number of semesters normally
required in the recipient's academic discipline.
(3) (d) The governing boards shall make rules governing the
award of graduate and professional school fee waivers, the issuance
and cancellation of certificates entitling the recipients to the
benefits thereof, the use of the fee waivers by the recipients and
the rights and duties of the recipients in respect to the fee
waivers. These rules may not be inconsistent with the provisions
of this section.
(2) (e) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each
governing board.
, and each board shall file with the legislative
auditor a copy of the rules governing the award of the fee waiver
and a list of the names of the recipients thereof.
§18B-10-7a. Tuition and fee waivers or adjustments for residents at least sixty-five years old.
The
board of trustees and the board of directors governing
boards shall promulgate a
joint rule
in accordance with article
three-a, chapter twenty-nine-a of this code that establishes
establishing a reduced tuition and fee program for senior citizens.
The
joint rule shall include at least the following:
(a)
The program shall include One option for
those individuals
who attend undergraduate and graduate courses without receiving
credit and one option for
individuals those who attend
undergraduate and graduate courses for credit;
(b) A
requirement that participant the following conditions be
met under either option of the program:
shall meet the following
requirements:
(1) The participant is a resident of West Virginia;
(2) The participant is sixty-five years of age or older;
and
(3) Classroom space is available;
and
(4) The instructor of the class consents;
(c)A method of establishing priority for allowing a
participant to attend a class or course;
(d)A determination of whether to require participants to pay
special fees, including laboratory fees, if the fees are required
of all other students;
(e)A determination of whether to require participants to pay
for parking;
(f)
Requirements for participants in the program under the no
credit option:
(1)
A No grade or credit may
not be given; and
(2) The total tuition and fees charged for each course or
class, excluding laboratory and parking fees, may not exceed fifty
dollars.
: Provided, That After the first day of July, two
thousand four, the governing boards may
by joint rule change the
maximum fee; and
(g)
A requirement for participants in the program under the
for credit option that tuition and fee rates may not exceed fifty
percent of the normal rates charged to state residents by the
institution.
§18B-10-8. Collection; disposition and use of capital and auxiliary
capital fees; creation of special capital and
auxiliary capital improvements funds; revenue bonds.
(a)
In addition to all other fees imposed by the governing
boards, there is hereby imposed and the governing boards are hereby
directed to provide for the collection of an additional
registration fee from all students enrolled in any state
institution of higher education under its jurisdiction in the
amounts hereinafter provided. Effective the first day of July, two
thousand four, this section, and any rules adopted by the
commission in accordance with this section and article three-a,
chapter twenty-nine-a of this code, govern the collection,
disposition and use of the capital and auxiliary capital fees
authorized by section one of this article. Prior to the first day
of July, two thousand four, the statutory provisions governing
collection and disposition of capital funds in place prior to the enactment of this section remain in effect.
(1) (b) Fees for full-time students. -- The governing boards
shall fix capital and auxiliary capital fees for full-time students
at each state institution of higher education per semester.
For
institutions under its jurisdiction, the a governing
boards have
authority to increase board may fix such
additional registration
fee fees at institutions of higher education under its jurisdiction
at higher rates for students who are
nonresidents not residents of
this state.
(2) (c) Fees for part-time students. - For all part-time
students and for all summer school students, the governing boards
shall impose and collect such
fee fees in proportion to, but not
exceeding,
that the fees paid by full-time students.
(b) 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 may not be limited thereby. Refunds of such
fee fees may be
made in the same manner as any other fee collected at state
institutions of higher education.
(c) (d) There is created in the state treasury a special
capital improvements fund
and special auxiliary capital
improvements fund for each state institution of higher education
and the commission into which shall be paid all proceeds,
respectively, of:
(1) The
additional registration capital and
auxiliary capital fees collected from students at all state
institutions of higher education pursuant to this section;
and (2)
the fees collected from such students pursuant to section one of this article. to The fees shall be expended by the commission and
governing boards for the payment of the principal of or interest on
any revenue bonds issued by the board of regents or the succeeding
governing boards for which such
registration fees were pledged
prior to the enactment of this section.
(d) (e) The governing boards may make expenditures from any of
the special capital improvements funds
or special auxiliary capital
improvement funds established in this section to finance, in whole
or in part, together with any federal, state or other grants or
contributions, any one or more of the following projects:
(1) The acquisition of land or any rights or interest therein;
(2) The construction or acquisition of new buildings;
(3) The renovation or construction of additions to existing
buildings;
(4) The acquisition of furnishings and equipment for any such
buildings; and
(5) The construction or acquisition of any other capital
improvements or capital education facilities at such state
institutions of higher education, including any roads, utilities or
other properties, real or personal, or for other purposes
necessary, appurtenant or incidental to the construction,
acquisition, financing and placing in operation of such buildings,
capital improvements or capital education facilities,
including
student unions, dormitories, housing facilities, food service
facilities, motor vehicle parking facilities and athletic
facilities.
(e) (f) The governing boards, in their discretion, may use the
moneys in such special capital improvements funds
and special
auxiliary improvement funds to finance the costs of the above
purposes on a cash basis.
or The commission,
upon request of
institutions or when requested by the governing boards, singly or
jointly, may, from time to time, issue revenue bonds of the state
as provided in this section to finance all or part of such purposes
and pledge all or any part of the moneys in such special funds for
the payment of the principal of and interest on such revenue bonds,
and for reserves therefor. Any pledge of such special funds for
such revenue bonds shall be a prior and superior charge on such
special funds over the use of any of the moneys in such funds to
pay for the cost of any of such purposes on a cash basis.
:
Provided, That Any expenditures from such special funds, other than
for the retirement of revenue bonds, may
only be made
only by the
commission or governing boards to meet the cost of a predetermined
capital improvements program for one or more of the state
institutions of higher education, in such order of priority as was
agreed upon by the governing board or boards and the commission and
for which the aggregate revenue collections projected are presented
to the governor for inclusion in the annual budget bill, and
only
with the are approval approved of
by the Legislature
as indicated
by direct appropriation for expenditure. for the purpose
(f) (g) Such revenue bonds may be authorized and issued, from
time to time, by the commission or governing boards to finance, in
whole or in part, the purposes provided in this section in an aggregate principal amount not exceeding the amount which the
commission determines can be paid as to both principal and interest
and reasonable margins for a reserve therefor from the moneys in
such special funds.
(g) (h) The issuance of such revenue bonds shall be authorized
by a resolution adopted by the governing board receiving the
proceeds and the commission and such revenue bonds shall bear such
date or dates, mature at such time or times not exceeding forty
years from their respective dates; be in such form either coupon or
registered, with such exchangeability and interchangeability
privileges; be payable in such medium of payment and at such place
or places, within or without the state; be subject to such terms of
prior redemption at such prices not exceeding one hundred five per
centum of the principal amount thereof; and shall have such other
terms and provisions as determined by the governing board receiving
the proceeds and the commission. Such revenue bonds shall be
signed by the governor and by the chancellor of the commission or
the chair of the governing boards authorizing the issuance thereof,
under the great seal of the state, attested by the secretary of
state, and the coupons attached thereto shall bear the facsimile
signature of the chancellor of the commission or the chair of the
appropriate governing boards. Such revenue bonds shall be sold in
such manner as the commission or governing board determines is for
the best interests of the state.
(h) (i) The commission or governing boards may enter into
trust agreements with banks or trust companies, within or without the state, and in such trust agreements or the resolutions
authorizing the issuance of such bonds may enter into valid and
legally binding covenants with the holders of such revenue bonds as
to the custody, safeguarding and disposition of the proceeds of
such revenue bonds, the moneys in such special funds, sinking
funds, reserve funds or any other moneys or funds; as to the rank
and priority, if any, of different issues of revenue bonds by the
commission or governing boards under the provisions of this
section; as to the maintenance or revision of the amounts of such
additional registration, fees;
as to the extent to which swap
agreements, as defined in section two-h, article two-g, chapter
thirteen of this code shall be used in connection with such revenue
bonds, including such provisions as payment, term, security,
default and remedy provisions as the commission shall consider
necessary or desirable; if any, under which such
additional
registration fees may be reduced; and as to any other matters or
provisions which are
deemed considered necessary and advisable by
the commission or governing boards in the best interests of the
state and to enhance the marketability of such revenue bonds.
(i) (j) After the issuance of any of such revenue bonds, the
additional registration fees at the state institutions of higher
education
pledged to the payment thereof may not be reduced as long
as any of such revenue bonds are outstanding and unpaid except
under such terms, provisions and conditions as shall be contained
in the resolution, trust agreement or other proceedings under which
such revenue bonds were issued. Such revenue bonds shall be and constitute negotiable instruments under the uniform commercial code
of this state; shall, together with the interest thereon, be exempt
from all taxation by the state of West Virginia, or by any county,
school district, municipality or political subdivision thereof; and
such revenue bonds may not be
considered to be obligations or debts
of the state and the credit or taxing power of the state may not be
pledged therefor, but such revenue bonds shall be payable only from
the revenue pledged therefor as provided in this section.
(j) (k) Additional revenue bonds may be issued by the
commission or governing boards pursuant to this section and
financed by additional revenues or funds dedicated from other
sources. It is the intent of the Legislature to authorize over a
five-year period beginning on the
seventeenth first day of
June
July, two thousand
four, additional sources of revenue and funds to
effect such funding for capital improvement.
(k) (l) Funding of systemwide and campus-specific revenue
bonds under any other section of this code is hereby continued and
authorized pursuant to the terms of this section. Revenues of any
state institution of higher education pledged to the repayment of
any
revenue bonds issued pursuant to this code shall remain
the
responsibility of that institution pledged.
(l) (m) Any revenue bonds
for state institutions of higher
education proposed to be issued under this section or
article
twelve-b, chapter eighteen other sections of this code
first must
be
first approved by the commission.
(m) (n) Revenue bonds issued pursuant to
article twelve-b, chapter eighteen of this code may be issued by the commission or
governing boards, either singly or jointly.
(n) (o) Fees pledged for repayment of revenue bonds issued
under this section or article twelve-b, chapter eighteen prior to
the effective date of this section shall be transferred to the
commission in a manner prescribed by the commission. The
commission shall have the authority to transfer funds from the
accounts of institutions pledged for the repayment of revenue bonds
issued prior to the effective date of this section or issued
subsequently by the commission upon the request of institutions, if
an institution fails to transfer the pledged revenues to the
commission in a timely manner.
(p) Effective the first day of July, two thousand four, the
capital and auxiliary capital fees authorized by this section and
section one of this article are in lieu of any other fees set out
in this code for capital and auxiliary capital projects to benefit
public higher education institutions. Notwithstanding any other
provisions of this code to the contrary, in the event any capital,
tuition, registration or auxiliary fees are pledged to the payment
of any revenue bonds issued pursuant to any general bond
resolutions of the commission, any of its predecessors or any
institution, adopted prior to the effective date of this section,
such fees shall remain in effect in amounts not less than the
amounts in effect as of that date, until such time as the revenue
bonds payable from any of such fees have been paid or the pledge of
such fees is otherwise legally discharged.
§18B-10-9. Authority to excuse students in certain educational
programs from payment of enrollment fees
.
Whenever the cost of any institute, workshop, special course,
or other educational program is wholly financed by a grant from any
federal,
state or local agency or from any foundation, corporation
or other association or person, except for indirect costs of
administration and other overhead expenses, such as the cost of
providing classrooms and other facilities, the governing board of
the state
educational institution
of higher education administering
such the program
shall have has the authority to excuse all
students enrolled in such program from the payment of tuition
registration and other
enrollment fees.
§18B-10-11. Fees and money derived from athletic contests.
The
directors of athletics at governing board of a state
institutions institution of higher education may fix and charge
admission fees to athletic contests at
state institutions
of higher
education under its jurisdiction and may enter into contracts and
spend and receive money under such contracts for the student
athletic teams of
state the institutions
of higher education to
contest with other athletic teams inside or outside the state. All
money received from such fees and contracts shall be deposited in
to the athletic accounts of the state institutions of higher
education the auxiliary operating account of the institution and
expended for any purpose considered necessary and proper by the
governing board.
All money derived from such fees and under such contracts shall be used to defray the cost of maintaining the athletic
department and athletic program of such institutions. The
operation of training camps and training tables and providing room
accommodations for participants in the athletic program of such
institutions shall be recognized and considered as a proper part of
such maintenance, but the specific mention of training camps and
training tables and providing room accommodations shall not be
construed or understood to limit in any way the general power and
authority otherwise granted and conferred by this section:
Provided, That one percent of the total gross receipts deposited
into the athletic accounts and (2) not less than twenty-five
percent of the net receipts from televised athletic events, bowl
games and post-season tournaments deposited into the athletic
accounts shall be transferred into a separate and distinct special
revenue account for each individual state institution of higher
education, which special revenue account shall be designated
"athletic facilities construction, repair or replacement reserve
account," in the state treasury. Such revenues shall be used only
for construction, repair or replacement of athletic facilities at
the same individual state institution of higher education to which
such special revenue account is credited. Notwithstanding any
other provision in this section to the contrary, in the year in
which they are received, no more than twenty-five percent of the
net receipts from televised athletic events, bowl games and
post-season tournaments deposited into athletic accounts may be
transferred into other accounts of the same state institution of higher education having such receipts for the support of academic
programs to meet an occasional rather than recurrent need or
expense, and in accord with legislative rules promulgated by the
appropriate governing board in accordance with chapter
twenty-nine-a of this code, notwithstanding any other provision of
this code to the contrary.
§18B-10-12. Student activities.
(a) The
president or other administrative head governing board
of
any a state institution of higher education
may authorize the
collection of fees from students for the may make funds available
from tuition and fees to support
of extracurricular activities of
the students
as considered necessary. and after authorizing the
collection of such fees, the president or other administrative head
shall file with the state auditor and state budget director a
certified detailed statement of the fees amount authorized to be
collected expended and the purpose for which they are to be spent.
(b) Each institution shall maintain a level of support for
extracurricular activities of the students comparable to that level
supported by student activities fees previously authorized by this
section.
§18B-10-13. Fees from operation of dormitories, faculty homes,
dining halls and cafeterias.
The appropriate governing board of each state institution of
higher education shall fix the fees to be charged students and
faculty members for rooms, board and meals at the dormitories,
faculty homes, dining halls and cafeterias operated by such board at the institution. Such fees shall be commensurate with the
complete cost of such services.
All fees collected for such services shall be used first to
meet interest, principal and sinking fund requirements due on any
outstanding revenue bonds for which the receipts may have been
pledged as security and to pay the operating and maintenance costs
of the dormitories, faculty homes, dining halls and cafeterias.
and
to meet interest, principal and sinking fund requirements due on
any outstanding revenue bonds for which such receipts may have been
pledged as security. Any such receipts not needed for these
purposes may be expended by the appropriate governing board
to
defray the costs in whole or in part for the construction of any
such facility for any other auxiliary enterprise or educational and
general instructional costs.
§18B-10-14. Bookstores.
(a) The appropriate governing board of each state institution
of higher education
shall have has the authority to establish and
operate a bookstore at the institution
. The bookstore shall be
operated for the use of the institution itself, including each of
its schools and departments, in making purchases of to sell books,
stationery and other school and office supplies generally carried
in college
stores bookstores.
, and for the benefit of students and
faculty members in purchasing such products for their own use, but
no sales shall be made to the general public.
(b) The prices to be charged
the institution, the students and
the faculty for such products shall be fixed by the governing board, shall not be less than the prices fixed by any fair trade
agreements and shall, in all cases, include in addition to the
purchase price paid by the bookstore a sufficient handling charge
to cover all expenses incurred for personal and other services,
supplies and equipment, storage and other operating expenses.
to
the end that the prices charged shall be commensurate with the
total cost to the state of operating the bookstore
(c) Each governing board
also shall
also ensure that
bookstores operated at institutions under its jurisdiction meet the
additional objective of minimizing the costs to students of
purchasing textbooks by adopting policies which may require the
repurchase and resale of textbooks on an institutional or a
statewide basis and provide for the use of certain basic textbooks
for a reasonable number of years.
(d) All moneys derived from the operation of the
store
bookstore shall be paid into a special revenue fund as provided in
section two, article two, chapter twelve of this code. Subject to
the approval of the governor, each governing board shall
, subject
to the approval of the governor, fix and, from time to time, change
the amount of the revolving fund necessary for the proper and
efficient operation of each bookstore.
(e) Moneys derived from the operation of the bookstore shall
be used first to replenish the stock of goods and to pay the costs
of operating and maintaining the
store bookstore.
From any balance
in the Marshall university bookstore fund not needed for operation
and maintenance and replenishing the stock of goods, the governing board of that institution shall have authority to expend a sum not
to exceed two hundred thousand dollars for the construction of
quarters to house the bookstore in the university center at
Marshall university. Until such quarters for housing the bookstore
are completed, the governing board of Marshall university and the
governor shall take this authorization into account in fixing the
amount of the revolving fund for the Marshall university bookstore.
Notwithstanding any other provision of this section, any
institution that has contracted with a private entity for bookstore
operation shall deposit into an appropriate account all revenue
generated by the operation and enuring to the benefit of the
institution. The institution shall use the funds for nonathletic
scholarships.
§18B-10-15. Authority of educational institutions to provide
special services and programs; collection and
disposition of fees therefor.
(a) The appropriate governing board of each state institution
of higher education
shall have has authority to provide special
services and special programs at such institutions and may fix and
collect special fees or charges therefor. Such special services
and special programs
may include,
but are not limited to, any
one
or more of the following:
(1) The conduct of music camps and band, orchestra or voice
clinics for secondary school students or other youth groups, summer
tutoring programs for primary and secondary school students, speech
therapy clinics and services, educational and psychological testing programs, student guidance programs and statistical studies and
calculations by an electronic computer service.
(2) Rental of lockers or other storage facilities and the
maintenance and operation of parking facilities for use by
students, faculty, staff and visitors.
(3) Rental of musical recordings, educational films, slides
and other audiovisual aids.
(4) Microfilming or other mechanical reproduction of records
and noncopyrighted library reference materials.
(5) Institutes, conferences, workshops, postgraduate and
refresher noncredit courses and any other special program or
special service customarily provided by institutions of higher
education.
(6) Motor pools consisting of motor vehicles for the use of
their employees when carrying on the business and affairs of the
institutions.
(b) All fees or charges collected for any such special
services or programs shall
be paid into a special fund and shall be
expended solely for the maintenance, operation and support of such
services and programs cover the total cost of the service or
program.
Whenever any such special service is provided by one school,
division or department of a state institution of higher education
for the benefit of any other school, division or department in the
same institution, the cost shall be paid by the school, division or
department requesting the service and shall be deposited and expended as provided above. Whenever a motor pool is provided by
the governing board of a state institution of higher education,
such board may charge any school, college, department or division
of such institution for which a vehicle is used a reasonable amount
for such use, which amount shall be paid by such school, college,
department or division and shall be deposited and expended as above
provided.
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) Legislative findings.
-- The Legislature finds that there
is a critical need for additional practicing health care
professionals in West Virginia. Therefore, there is hereby created
a health education student loan program to be administered by the
senior administrator of the higher education central office. The
purpose of this program is to provide a loan for tuition and fees
to students enrolled in health education programs at West Virginia
institutions of higher education who intend to practice their
profession in underserved areas in the state following completion
of their studies. The loans are not to be awarded on the basis of
the financial need of the student, rather the loans are to be
awarded based on the need of the state to retain all levels of
health professionals in all areas of the state and where possible
to complement the rural health initiative established in article sixteen, chapter eighteen-b of this code.
(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) Establishment of special account.
-- There is hereby
established continued a special revolving fund account under the
board of trustees 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 shall consist of:
(1) All funds on deposit in the medical student loan fund in
the state treasury on the effective date of this section, or which
are due or become due for deposit in the fund as obligations made
under the previous enactment of this section;
(2) thirty-three percent of the annual collections from the
medical education fee established by section four, article ten,
chapter eighteen-b of this code, or such other percentage as may be
established by the board of trustees by legislative rule subject to
approval of the Legislature pursuant to the provisions of article
three-a, chapter twenty-nine-a of this code; 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) penalties assessed to individuals for failure to perform
under the terms of a loan contract as set forth under this section,
and Repayment of any loans which may be made from funds in excess
of those needed for 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
shall not expire or revert. All costs associated with the
administration of this section shall be paid from the health
education student loan fund.
(c) Eligibility and forgiveness requirements for health
education student loan.
-- An individual is eligible for a health
education student loan if the individual: (1) Is enrolled or
accepted for enrollment at the West Virginia university school of
medicine, Marshall university school of medicine, the West Virginia
school of osteopathic medicine in a program leading to the degree
of medical doctor (M.D.) or doctor of osteopathy (D.O.):
Provided,
That the individual has not yet received one of these
degrees and is not in default of any previous student loan; (2)
meets the established academic standards; and (3) signs a contract
to practice his or her health profession in an underserved area of
the state: Provided, however,
That for every year that an
individual serves in an underserved area, ten thousand dollars of the loan granted to the individual will be forgiven.
Loans shall be awarded by the senior administrator, with the
advice of the board of trustees, on a priority basis from the pool
of all applications with the first priority being a commitment to
serve in an underserved area of the state or in a medical specialty
in which there is a shortage of practitioners in the state as
determined by the state division of health at the time the loan is
granted.
At the end of each fiscal year, any individual who has
received a health education student loan shall submit to the board
of trustees a notarized, sworn statement of service on a form
provided for that purpose. Upon receipt of such statement in
proper form and verification that the individual has complied with
the terms under which the loan was granted, the board of trustees
commission shall cancel up to ten thousand dollars of the
outstanding loan for every full twelve consecutive calendar months
of such service.
If an individual fails to submit the required statement of
service, or submits a fraudulent statement, in addition to other
penalties, the individual is in breach of contract resulting in a
penalty of three times the amount of the outstanding balance of the
loan granted.
A loan recipient who subsequently fails to meet the academic
standards necessary for completion of the course of study under
which the loan was granted or who fails to complete the course of
study under which the original loan was granted is liable for repayment of the loan amount under the terms for the repayment of
loans established by the board of trustees at the time the loan
contract was executed.
(d) (c)
Loans granted under medical student loan program.
--
Any student granted a medical student loan under the provisions of
this section prior to the effective date of the amendment and
reenactment of this section at the second extraordinary session of
the Legislature in the year one thousand nine hundred ninety-one
continues to be eligible for consideration for receipt of such a
loan, and/or obligated to repay such loan, as the case may be,
under the prior provisions. Thereafter, The senior administrator
vice chancellor for administration may utilize any funds remaining
in the health education student loan fund after all loan grants
have been disposed of for the purposes of the medical student loan
program. An individual is eligible for loan consideration if the
individual demonstrates financial need, meets established academic
standards and 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.):
Provided,
That the individual has not yet received one of these
degrees and is not in default of any previous student loan:
Provided, however,
That the board of trustees commission shall give
priority for the loans to residents of this state, as defined by
the board of trustees commission.
(d) At the end of each fiscal year, any individual who has
received a medical student loan and who has actually 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 board of trustees commission a notarized, sworn statement of
service on a form provided for that purpose. Upon receipt of such
statement in proper form and verification of services rendered, the
board of trustees commission shall cancel five thousand dollars of
the outstanding loan or loans for every full twelve consecutive
calendar months of such service.
(e) Report by senior administrator. -- No later than thirty
days following the end of each fiscal year, the senior
administrator vice chancellor of administration shall prepare and
submit a report to the board of trustees commission for inclusion
in the statewide report card required under section six eight,
article two 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 of the senior
administrator shall include at a minimum 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.
(f) Promulgation of rules. -- The secretary of the department of education and the arts shall promulgate rules necessary for the
operation of this section.
________
(NOTE: The purpose of this bill is to simplify the tuition
and fee system at state institutions of higher education.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18B-10-1b is new; therefore, underscoring and strike-throughs
have been omitted.)
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