Senate Bill No. 377
(By Senators Burdette, Mr. President, and Boley,
By request of the Executive)
[Introduced March 16, 1993;
referred to the Committee on Education;
and then to the Committee on Finance.]
A BILL to amend and reenact sections thirteen and fifteen,
article two, chapter five-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend
and reenact section two-a, article five, chapter ten of said
code; to amend and reenact sections one, four, six, eight,
nine, ten and eleven, article three, chapter twelve of said
code; to further amend said chapter by adding thereto a new
article, designated article three-a; to amend and reenact
section four, article four of said chapter; to amend and
reenact sections two, five and eight, article one, chapter
eighteen-b of said code; to further amend said article by
adding thereto a new section, designated section five-a; to
amend and reenact section four, article three of said
chapter; to amend and reenact sections two and four, article
five of said chapter; to further amend said article by
adding thereto a new section, designated section two-a; to
amend and reenact section one, article six of said chapter;
to amend article eight of said chapter by adding thereto a
new section, designated section three-a; to amend and
reenact section four, article nine of said chapter; and to
amend and reenact sections one and fourteen, article ten of
said chapter, all relating to advancing certain
recommendations of the higher education advocacy team;
requiring the secretary of administration to give special
consideration in approving expenditure schedules and
quarterly allotments to accounts which consist predominantly
of personal services; creating the higher education vendor
payment act and providing related exceptions to procedures
involving the state auditor and treasurer; providing for
payment for goods and services through check-writing at the
institutional level; limiting such authority to prohibit
payroll checks or expenditures over five thousand dollars;
defining terms and setting forth findings and policy;
establishing advance allowance accounts; requiring monthly
reports and on-going reconciliation prior to continued
advances; permitting certain allocations from account to
state institutions of higher education; prescribing form and
manner for issuance of checks in accordance with board
guidelines and rules and regulations of the auditor and
treasurer; redefining certain community colleges; requiring
certain information to be provided in a timely manner;
establishing pilot programs for higher education distance
learning and moving the distance learning coordinating
council to the department of education and the arts with
additional responsibility for coordinated planning;requiring the higher education governing boards to make the
educational and workforce needs of the state part of their
master plans and program review; requiring presidential
performance evaluations to be written; requiring governing
boards to assure that students have the opportunity to
complete programs in the normal time-frame and that core
coursework be universally accepted with the grade earned;
removing expired language for the designation of additional
community colleges and further specifying the nature of the
comprehensive community college system to be developed by
the board of directors; requiring the board of directors to
delegate such authority as they deem prudent to the
community colleges to carry out certain functions related to
work force development; requiring a distinct budget for the
community college division of the board; requiring
appropriations to institutional control accounts to be
allocated based upon the resource allocation model;
authorizing certain transfers of funds within and among
certain higher education accounts under certain conditions
and establishing a special efficiency surplus account which
may be carried over to the next fiscal year; requiring
institutional board of advisors to provide advice and
assistance to president relating to certain activities;
authorizing assignment of responsibility for coordinating
institution's economic development activities to
administrative officer appointed to institutional board of
advisors and exempting such administrative officer from twoterm limitation; specifying methods for distributions of
classified staff and faculty salary increases; establishing
a goal for the level of tuition and required fees at state
institutions of higher education; defining full-time
enrollment for fee purposes; providing alternative methods
for payment of fees and standardizing refund policy; and
providing an additional objective for book stores to
minimize the cost to students.
Be it enacted by the Legislature of West Virginia:
That sections thirteen and fifteen, article two, chapter
five-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; that section
two-a, article five, chapter ten of said code be amended and
reenacted; that sections one, four, six, eight, nine, ten and
eleven, article three, chapter twelve of said code be amended and
reenacted; that said chapter be further amended by adding thereto
a new article, designated article three-a; that section four,
article four of said chapter be amended and reenacted; that
sections two, five and eight, article one, chapter eighteen-b of
said code be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
five-a; that section four, article three of said chapter be
amended and reenacted; that sections two and four, article five
of said chapter be amended and reenacted; that said article be
further amended by adding thereto a new section, designated
section two-a; that section one, article six of said chapter be
amended and reenacted; that article eight of said chapter beamended by adding thereto a new section, designated section
three-a; that section four, article nine of said chapter be
amended and reenacted; and that sections one and fourteen,
article ten of said chapter be amended and reenacted, all to read
as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 2. FINANCE DIVISION.
§5A-2-13. Examination and approval of expenditure schedules;
amendments; copies to legislative auditor.
The secretary shall examine the expenditure schedule of each
spending unit, and if he finds that it conforms to the
appropriations made by the Legislature, the requirements of this
article, and is in accordance with sound fiscal policy, he shall
approve the schedule.
In addition, the secretary shall give
special consideration in the approval expenditure schedules to
accounts in which the appropriations consist predominantly of
personal services funds so that the quarterly allotments of funds
to the various spending units pursuant to section fifteen of this
article are sufficient to pay such personnel costs in the quarter
in which they are due.
The expenditure of the appropriations made to a spending
unit shall be only in accordance with the approved expenditure
schedule unless the schedule is amended with the consent of the
secretary, or unless appropriations are reduced in accordance
with the provisions of sections twenty to twenty-three,
inclusive, of this article. The spending officer of a spending
unit shall transmit to the legislative auditor a copy of each andevery requested amendment to such schedule at the same time that
such requested amendment is submitted to the secretary. The
secretary shall send to the legislative auditor copies of any
schedule amended with the secretary's approval.
§5A-2-15. Requests for quarterly allotments; approval or
reduction by governor.
At least thirty days prior to the beginning of each quarter
of the fiscal year, each spending officer shall submit to the
secretary a request for an allotment of public funds sufficient
to operate the unit during the ensuing quarter in accordance with
the approved expenditure schedule.
The secretary shall examine the requests,
giving special
consideration to accounts in which the appropriations consist
predominantly of personal services funds so that the quarterly
allotments of funds to the various spending units are sufficient
to pay such personnel costs in the quarter in which they are due,
and, if he finds that the amounts requested are in accordance
with the approved expenditure schedules and are in accordance
with sound fiscal policy, he shall submit the requests to the
governor. The secretary shall also submit a summary statement
showing the amounts expended under the budget for each preceding
quarter of the fiscal year and the total amount requested for
allotment during the ensuing quarter.
The governor shall consider the amount of requests for
allotment and the collection of revenues. If the governor finds
that the collection of revenue warrants the expenditure of the
amount requested in the allotment, he shall approve the allotmentof funds for the ensuing quarter and send copies of the requests
to the legislative auditor after approval. If the governor finds
that the collection of revenue does not warrant the allotment of
the requested amount, he may reduce the amount of allotments
pending the collection of sufficient revenue.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC
ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF
SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-2a. West Virginia distance learning coordinating council;
creation; duties.
(a) The Legislature finds that the educational benefits of
making a broader range of courses available to West Virginia
students, and the economic benefits from continuing education and
staff development for businesses, industry and the professions,
are immeasurable and that distance learning technology offers an
efficient means of delivering such education and personnel
development courses. The Legislature further finds that distance
learning technology requires a substantial financial investment
and the acquisition and utilization of such technology should,
therefore, be coordinated among the various affected agencies.
(b) To facilitate such coordination, there is hereby created
a West Virginia distance learning coordinating council which
shall be composed of one representative of each of the following:
SatNet, EdNet, the educational broadcasting authority, the West
Virginia library commission, the state department of education,
the higher education central office
, and the department ofadministration's division of information systems and
communications
, and the office of the secretary of education and
the arts. The representative of the department of
administration's division of information systems and
communications shall call the first meeting of the council and
shall chair the meeting until a chair is elected by the council.
The chair elected by the council shall serve a term of one year,
at which time the council shall elect a new chair. A member of
the council may not serve for more than two consecutive terms as
chair
, except by unanimous vote of the council.
The council shall meet at least quarterly and shall develop
long-range plans to integrate the instructional
telecommunications system, to coordinate distance learning in
West Virginia and to clarify the roles of the agencies involved
in the state's distance learning enterprise. The council shall
submit an annual report to the governor and the Legislature,
which includes its recommendations for achieving the best use of
limited resources in the development and operation of a distance
learning technology system.
(c) A goal of the council is the creation a statewide
technology system linking universities and colleges, schools,
libraries and, eventually, homes with software, data bases and
video learning capabilities. In pursuit of this goal, the council
shall determine the most effective and efficient ways to
integrate the capabilities of the state for producing, delivering
and receiving electronic instruction and establish a
comprehensive long-range plan to further the cooperation andcoordination of the various educational and other agencies of the
state, and the county boards of education, in establishing
distance learning technology.
(c) (d) There is hereby created in the state treasury, a
special fund designated the "Distance Learning Fund" which shall
be under the jurisdiction of the secretary of
education and the
arts administration for use solely for the purposes of the
distance learning grant program as provided in this section.
Appropriate guidelines for participation by school
districts, state institutions of higher education, public
libraries and public
broadcasting television stations, in the
grant program, shall be established by the distance learning
coordinating council subject to approval by the legislative
oversight commission on education accountability. Such
guidelines shall include application procedures and shall
establish policies for awarding grants in the event that more
grant applications are received than funds available to honor the
applications in any fiscal year. In allocating funds to
applicants, the council may give due consideration to revenues
available from all other sources. The state board of education
shall accredit courses offered through this program at the
elementary and secondary education level. The higher education
governing boards shall approve courses taught at the
post-secondary level.
(e) In any fiscal year moneys in the fund shall be used
first to ensure that any and all school districts, state
institutions of higher education, public libraries and publictelevision stations seeking aid under this program shall receive
telecommunications equipment necessary to participate in the
satellite learning process; second, to provide the school
districts and state institutions of higher education with access
to subjects at the advanced level or the remedial level or which
are not taught in the schools of the district or the service area
or campus; and third, to provide enrichment classes, continuing
education and professional development. However, the council may
set aside a portion of the funds to be used to contract with
state institutions of higher education, state institutions of
public education and public
broadcasting television stations to
develop instructional programs for grades kindergarten through
twelve. Funds may also be used for undergraduate and graduate
course work suitable for broadcast to the school districts, state
institutions of higher education, as appropriate, for continuing
education and professional development for business and industry
seminars, and to develop the capability to transmit programs
cited in this section.
(f) Participation by a local school district, a state
institution of higher education, a public library or a public
broadcasting television station in the program established by
this section shall be voluntary. No school district, state
institution of higher education, public library or public
broadcasting television station receiving funds under this
program shall use those funds for any purpose other than that for
which they were intended. Any school district, state institution
of higher education, public library or public
broadcastingtelevision station shall be eligible to receive funds under this
program regardless of its curriculum, local wealth or previous
contractual arrangements to receive satellite broadcast
instruction.
(g) The secretary of
education and the arts administration
on behalf of the state of West Virginia may contract with
institutions of higher education and the state board of education
for the development or operation, or both, of state employee
training programs transmitted by telecommunications technology.
Instructional programs developed under this section which
are transmitted one-way through the airwaves or by cable
television shall be available to all residents of this state
without charge or fee to the extent permitted by the West
Virginia constitution. "Without charge or fee" shall not require
the providing of equipment to transmit or receive
telecommunications instruction or the providing of commercial
cable
television service. If the instructional program involves
two-way, interactive communication between the instructor and the
participant, the district or institution operating the program
may prescribe academic prerequisites and limit the number of
persons who may enroll in the specific program and give
preference to residents of the district or institutional
attendance area who are age twenty-one or younger but shall not
discriminate against any resident on any other basis. A fee may
be charged which will be paid directly by the individual
participant, but the fee shall be equal for all participants. If
a subscription fee is charged by the originator of the program,the district or institution may pay the subscription fee for all
participants from a grant under this section or from any other
public or private fund legally authorized to be used for this
purpose. Printed materials designed to facilitate or complement
telecommunications programs or electronic reproduction thereof
may be made available for loan by the school district,
institution of higher education through the public library system
or the curriculum technology resource center, subject to the
normal rules and regulations of the lending system and in such
quantities as may be approved by the governing body of the
district or institution.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-1. Manner of payment from treasury; form of checks.
Except as provided in article three-a of this chapter, every
person claiming to receive money from the treasury of the state
shall apply to the auditor for a warrant for same. The auditor
shall thereupon examine the claim, and the vouchers, certificates
and evidence, if any, offered in support thereof, and for so much
thereof as
he the auditor shall find to be justly due from the
state, if payment thereof be authorized by law, and if there be
an appropriation not exhausted or expired out of which it is
properly payable,
he the auditor shall issue
his a warrant on the
treasurer, specifying to whom and on what account the money
mentioned therein is to be paid, and to what appropriation the
same is to be charged,
except as provided for in article three-a
of this chapter. On the presentation of such warrant to thetreasurer,
he the treasurer shall ascertain whether the same has
been drawn in pursuance of an appropriation made by law, and if
he the treasurer finds it to be so,
he the treasurer shall in
that case, but not otherwise, endorse
his a check upon such
warrant, directed to some depository, which check shall be
payable to the order of the person who is to receive the money
therein specified; or
he the treasurer may issue a bank wire in
payment of such warrant,
all except as provided for in article
three-a of this chapter. If such check shall not be presented
for payment within six months after it is drawn, it shall then be
the duty of the treasurer to credit it to the depository on which
it was drawn, to credit the state fund with the amount, and
immediately notify the auditor to make corresponding entries on
his the auditor's books. No state depository shall pay a check
unless it is presented within six months after it is drawn and
every check shall bear upon its face the words, "Void, unless
presented for payment within six months." All claims required by
law to be allowed by any court, and payable out of the state
treasury, shall have the seal of the court allowing or
authorizing the payment of the same affixed by the clerk of such
court to
his the clerk's certificate of its allowance; and no
such claim shall be audited and paid by the auditor unless the
seal of such court be thereto attached as aforesaid. No tax or
fee shall be charged by the clerk for affixing
his the clerk's
seal to the certificate referred to in this section.
§12-3-4. No check to be drawn on depository having insufficient
funds; necessity of warrant and check or bank wire.
The treasurer shall draw no check on any depository unless
there be money enough therein to the credit of the treasury to
pay such check when duly presented for payment. No depository
holding money to the credit of the treasury shall pay out the
same, or any part thereof, except upon a check of the treasurer
endorsed on a warrant of the auditor authorizing such check or a
duly authorized bank wire drawn in place of such check,
except as
provided for in article three-a of this chapter.
§12-3-6. Requisitions on behalf of state boards and
institutions.
Appropriations made to or for any state board or institution
shall be drawn from the treasury upon the requisition of the
proper officers thereof made upon the auditor at such times and
in such amounts as may be necessary for the purposes for which
such appropriations are made; and the auditor shall pay the
amount named in any such requisition at such times and in such
installments as shall be necessary for the purposes for which any
such appropriation is made. But all requisitions for
appropriations for new buildings and substantial betterments,
except such as are under control of the state commissioner of
public institutions, shall be accompanied by the architect's
estimate that the amount named in such requisition is needed for
immediate use.
Except as provided for in article three-a of this
chapter, the auditor shall not issue
his a warrant to pay any
money out of the state treasury unless the same is needed for the
present use.
§12-3-8. Requisition on behalf of institutions to be accompanied
by statement showing funds on hand.
No requisition shall be made upon the auditor for any money
appropriated for the penitentiary,
the university or preparatory
branches thereof, the West Virginia schools for the deaf and
blind,
the West Virginia asylum, the reform school, the
industrial home for girls, the several normal schools, colored
institutes, hospitals for the insane, or miners' hospitals,
state mental health facilities, state hospitals, corrections
facilities, or for any other public institution for education,
charity or correction, except institutions governed by the
university of West Virginia board of trustees and by the board
of directors of the state college system, charity or correction
unless such requisition shall be accompanied by the statement in
writing of the treasurer or other financial officer of such
institution, showing the amount of money in his hands to the
credit of such institution, or otherwise in its control, on the
day such requisition is forwarded for payment.
§12-3-9. Certificate with requisition as to need of money for
present use.
Except as provided for in article three-a of this chapter,
every board or officer authorized by law to issue requisitions
upon the auditor for payment of money out of the state treasury,
shall, before any such money is paid out of the state treasury,
certify to the auditor that the money for which such requisition
is made is needed for present use for the purposes for which it
was appropriated; and the auditor shall not issue
his a warrant
to pay any money out of the state treasury unless
he is satisfiedthat the same is needed for present use for such purposes.
§12-3-10. Itemized statement of claim against state.
Except as provided for in article three-a of this chapter,
it shall be unlawful for any state officer to issue
his a
requisition on the state auditor in payment of any claim unless
an itemized account is filed in the office of the officer issuing
the requisition. If the account is for services, it shall show
the kind of service, dates when performed and names of persons
performing the service; if the account is for materials or
supplies, it shall show in detail the kind of material or
supplies, the quantity, dates of delivery and to whom delivered;
and if the account is for automobile hire or other
transportation, it shall show the date, from where, to where, and
the purpose of the expenditure. No account shall contain an item
designated as "sundry," "miscellaneous," or by terms of like
general nature.
§12-3-11. Travel expenses; rules to be promulgated concerning
same; dues to voluntary organization; recruitment expenses
for higher education governing boards; moving expenses of
employees of higher education governing boards.
The governor shall promulgate rules and regulations
concerning out-of-state travel by state officials and employees,
except those in the legislative and judicial branches of the
state government and except for the attorney general, auditor,
secretary of state, treasurer and commissioner of agriculture and
their employees. The Legislature, the supreme court of appeals
and the attorney general, auditor, secretary of state, treasurerand commissioner of agriculture shall promulgate rules and
regulations concerning out-of-state travel for their respective
branches and departments of state government. Copies of such
rules and regulations shall be filed with the auditor, and the
secretary of state.
Except as provided for in article three-a of
this chapter, it shall be unlawful for the auditor to issue a
warrant in payment of any claim for out-of-state travel expenses
incurred by a state officer or employee unless such claim meets
all the requirements of the rules and regulations so filed.
Payment for dues or membership in annual or other voluntary
organizations shall be made from the proper item or appropriation
after an itemized schedule of such organizations, together with
the amount of such dues or membership, has been submitted to the
budget director and approved by the governor.
It shall be lawful for the
university of West Virginia board
of trustees and the board of directors of the state college
system West Virginia board of regents to authorize the payment of
traveling expenses incurred by any person invited to visit the
campus of any state institution of higher education or any other
facility under control of the
appropriate board to be interviewed
concerning
his possible employment by the board or agent thereof.
It shall be lawful for the
university of West Virginia board
of trustees and the board of directors of the state college
system West Virginia board of regents to authorize payment of:
(1) All or part of the reasonable expense incurred by a person
newly employed by the
appropriate board in moving
his the
household furniture, effects and immediate family to
his theplace of employment; and (2) all or part of the reasonable
expense incurred by an employee of the board in moving
his the
household furniture, effects and immediate family as a result of
a reassignment of the employee which is considered desirable,
advantageous to and in the best interest of the state:
Provided,
That no part of the moving expenses of any one such employee
shall be paid more frequently than once in twelve months.
ARTICLE 3A. WEST VIRGINIA HIGHER EDUCATION VENDOR PAYMENT ACT.
§12-3A-1. Short title.
This article may be referred to and cited as the "West
Virginia Higher Education Vendor Payment Act."
§12-3A-2. Legislative findings and policy.
It is hereby the finding of the Legislature that it is in
the public interest to ensure the most efficient and cost-
effective operation of state institutions of higher education.
It is further the finding of the Legislature that the most
effective usage of current and future revenues and resources
committed by the Legislature to state institutions of higher
education is predicated upon a high degree of budgetary self-
governance and localized decision-making authority.
It is further the finding of the Legislature that state
institutions of higher education are currently overly constrained
in their capacity to meet these management expectations in the
face of existing relevant statutes and administrative rules and
regulations.
In order to effect this increased ability to respond more
efficiently to day-to-day campus financial management demands, itis hereby declared to be the public policy in this state to
encourage excellence in higher education through the
establishment of a greater degree of state college and university
fiscal self-governance.
§12-3A-3. Definitions.
Unless the context in which used clearly requires a
different meaning, as used in this article:
(1) "Advance allowance account" means a properly balanced
entry of expenditures against an overall appropriation provided
by law, as kept by the auditor or treasurer pursuant to the
provisions of this article;
(2) "Board" or "governing board" means the university of
West Virginia board of trustees and the board of directors of the
state college system;
(3) "Business officer" means the employee at a state
institution of higher education who is charged by the president
of the institution with the overall responsibility for the proper
management of the business affairs of that institution;
(4) "Institution" or "institutions" mean state institutions
of higher education as those terms are defined in section two,
article one, chapter eighteen-b of this code; and
(5) "Month" means a calendar month.
§12-3A-4. Establishment of an advance allowance account; monthly
account reports.
Each governing board is hereby authorized to make
requisition upon the auditor for a sum of moneys to be drawn upon
an advance allowance account. This account shall be kept on theledgers of both the auditor and treasurer and at no time may the
moneys advanced from this account during any fiscal year exceed
the annual appropriation made by law to the respective board for
the various institutions governed by the board.
Except for the month immediately preceding the effective
date of this article, each governing board shall certify to the
auditor and treasurer for the first month immediately following
the first advance under the provisions of this article, and for
each successive month thereafter, an accurate and true accounting
of all moneys provided to the board during such month, in such
manner and form as the auditor and treasurer may prescribe.
§12-3A-5. Review of requisition by auditor; manner of payment
from treasury; reports and advance allowances to be
reconciled.
The auditor, when presented with a requisition from a
governing board under the provisions of this article, shall
examine the claim, and for so much thereof as the auditor finds
to be justly due from the state, if payment thereof is authorized
by law, if reports for the second prior month reconcile with
requisitions made and advance allowances provided that month, and
if there is an appropriation not exhausted or expired out of
which it is properly payable, the auditor shall issue a warrant
on the treasurer, specifying to whom and on what account the
money mentioned therein is to be paid, and to what appropriation
the warrant is to be charged. On presentation of such warrant to
the treasurer, he or she shall ascertain whether the warrant has
been drawn in pursuance of an appropriation made by law, and ifhe or she finds it to be so, he or she shall in that case, but
not otherwise, endorse a check upon such warrant, directed to
some depository, which check shall be payable to the appropriate
board, or may issue a bank wire in payment of such warrant.
If the reports submitted cannot be reconciled against the
requisitions made by and advance allowances provided to the
governing board during such time, the auditor and treasurer may
take all steps reasonable and necessary to protect the interests
of the state.
§12-3A-6. Board authority to set up accounts for state
institutions of higher education; proper expenditures from
accounts.
Each governing board may establish a checking account or
accounts for the receipt of and expenditure of such moneys
provided under the advance allowance as it may allocate to the
institutions and may prescribe, in keeping with the provisions of
this article and the rules pursuant hereto which may be
established by the auditor and treasurer, the manner of
expenditure of these moneys. Under no circumstances, however,
shall any institution expend these moneys for any goods or
services in excess of five thousand dollars, or for compensation
for personal services rendered by an employee of the governing
board or of the institution.
§12-3A-7. Form of checks.
Under guidelines established by the appropriate governing
board in accordance with the provisions of this article and such
rules as may be established by the auditor and treasurer, anyinstitution may draw upon any advance allowance allotted to such
institution and may expend such moneys on preprinted checks which
shall be in a form authorized and approved by the auditor,
treasurer and governing board. Such checks shall carry a warrant
number prescribed and authorized by the governing board, which
shall consult with the auditor. Any check so issued by any
institution under the provisions of this article shall be
personally signed by the business officer of that institution, or
by such employees as are, in writing, duly authorized by the
business officer to make such signature thereto, and
countersigned by the president of the same, or by such employees
as are, in writing, duly authorized by the president to make such
signature thereto. Such signatures may be made, if necessary, by
means of any mechanical or electrical device as the business
officer or president of an institution may select, but in all
instances such devices shall undergo review and shall receive
approval from the governing board, and the governing board shall
consult with the auditor and treasurer in this matter. Any such
mechanical or electrical device shall be safely kept in their
respective offices so that no one has access thereto except the
business officer, the president and duly authorized employees of
the institutions.
The institution shall, at a minimum, record the purpose for
issuance of the check, the date the check is issued, the date the
check is mailed and the institution shall certify all this
information, and any other requirements made of the institution
by the appropriate governing board pursuant to the provisions ofthis article, to the appropriate governing board in preparation
of the monthly report of the governing board to the auditor and
the treasurer on the advance allowance moneys, their deposit and
expenditure.
If any check issued by an institution pursuant to the
provisions of this article is not presented for payment within
six months after it is drawn, the institution that issued the
check shall report the occurrence in its immediate next monthly
report to the governing board and the governing board shall
include such information in its monthly report to the treasurer.
Upon receipt of such information, the treasurer shall credit to
the depository on which the original advance allowance was drawn,
credit the state fund with the amount, and immediately notify the
auditor to make corresponding entries on the auditor's books. No
state depository may pay a check issued by an institution
pursuant to the provisions of this article unless it is presented
within six months after it is drawn and every such check shall
bear upon its face the words, "Void, unless presented for payment
within six months."
ARTICLE 4. ACCOUNTS, REPORTS AND GENERAL PROVISIONS.
§12-4-4. Accounts of expenditures; signing of checks and
warrants; facsimile signatures and use of mechanical and
electrical devices; forgery; penalty.
When the treasurer issues
his a check on a depository,
he
the treasurer shall credit the same to the account of such
depository, and charge it to the general account of receipts and
disbursements mentioned in section two of this article. Theauditor shall keep accounts of the particular heads of
expenditures, and, when
he the auditor issues
his a warrant on
the treasurer, shall credit the treasurer's account therewith and
charge the same under the particular head of expenditure to which
it properly belongs, distinguishing especially the disbursements
on account of the capital and the annual income of the school
fund, as directed in section two of this article in relation to
receipts belonging to the said fund.
Except as provided for in
article three-a of this chapter, all checks when issued by the
treasurer shall bear
his the treasurer's signature, personally
signed
by him, or
signed by such employees as are, in writing,
authorized by
him the treasurer to make
his the treasurer's
signature thereto, or bear a facsimile of the treasurer's
signature; all warrants when issued by the auditor shall bear
his
the auditor's signature, personally signed
by him, or
signed by
such employees as are, in writing, authorized by
him the auditor
to make
his the auditor's signature thereto, or bear a facsimile
of the auditor's signature. Such signature of the treasurer, or
auditor, respectively, may be made, however, by means of such
mechanical or electrical device as the treasurer, or auditor,
respectively, may select, after the same shall have been approved
by the governor and the attorney general; any such mechanical or
electrical device, as respectively selected, to be safely kept in
their respective offices so that no one shall have access thereto
except the treasurer, or the auditor, and such of their
respective employees as may be authorized to respectively sign
checks or warrants as hereinabove provided.
If Any person, otherthan the treasurer, or auditor, respectively, or their respective
employees duly and respectively authorized by them so to do, as
above provided,
who shall sign the name of the treasurer or the
auditor, respectively, by the use of any mechanical or electrical
device, or otherwise, or use the facsimile of the signature of
either of them, on any check or warrant, or utter or attempt to
employ as true such forged check or warrant, knowing the same to
be forged,
he shall be guilty of a felony, and, upon conviction,
shall be confined in the penitentiary not less than two nor more
than ten years:
Provided, That nothing in this section may be
construed to prohibit those provisions made pursuant to article
three-a of this chapter.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code shall have the meaning hereafter ascribed
to them unless the context clearly indicates a different meaning:
(a) "Governing board" or "board" means the university of
West Virginia board of trustees or the board of directors of the
state college system, whichever is applicable within the context
of the institution or institutions referred to in this chapter or
in other provisions of law;
(b) "Governing boards" or "boards" means both the board of
trustees and the board of directors;
(c) "Community colleges" means Southern West Virginia
Community College, West Virginia Northern Community College, and
the community college branch of Fairmont State College located in
Clarksburg which shall be administered as a unit with Fairmont
State College. any institution of higher education which has been
designated as a community college by the board of directors under
the provisions of section four, article three of this chapter;
(d) "Directors" or "board of directors" means the board of
directors of the state college system created pursuant to article
three of this chapter or the members thereof;
(e) "Higher educational institution" means any institution
as defined by sections 401(f), (g), (h) of the federal higher
education facilities act of 1963, as amended;
(f) "Post-secondary vocational education programs" means any
college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of directors;
(g) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(h) "Senior administrator" means the person hired by the
governing boards in accordance with section one, article four of
this chapter, with such powers and duties as may be provided for
in section two of said article four;
(i) "State college" means Bluefield State College, Concord
College, Fairmont State College, Glenville State College,
Shepherd College, West Liberty State College, West Virginia
Institute of Technology, or West Virginia State College;
(j) "State college system" means the state colleges andcommunity colleges, and also shall include post-secondary
vocational education programs in the state, as those terms are
defined in this section;
(k) "State institution of higher education" means any
university, college or community college in the state university
system or the state college system as those terms are defined in
this section;
(l) "Trustees" and "board of trustees" means the university
of West Virginia board of trustees created pursuant to article
two of this chapter or the members thereof;
(m) "University of West Virginia" and "state university
system" means the multi-campus, integrated university of the
state, consisting of West Virginia University including West
Virginia University at Parkersburg, Potomac State College of West
Virginia University and the West Virginia University School of
Medicine; Marshall University including the Marshall University
School of Medicine; the West Virginia Graduate College; and the
West Virginia School of Osteopathic Medicine; and
(n) "University" means the multi-campus, integrated
university of the state, consisting of West Virginia University
including West Virginia University at Parkersburg, Potomac State
College of West Virginia University and the West Virginia
University School of Medicine; Marshall University including the
Marshall University School of Medicine; the West Virginia
Graduate College; or the West Virginia School of Osteopathic
Medicine.
§18B-1-5. Board of trustees and board of directors under
department of education and the arts.
(a) The university of West Virginia board of trustees and
the board of directors of the state college system, created in
articles two and three of this chapter, are under the
jurisdiction of the department of education and the arts created
in article one, chapter five-f of this code, and are subject to
the supervision of the secretary of education and the arts.
Rules adopted by the governing boards shall be subject to
approval by the secretary of education and the arts. The budget
submitted by each board pursuant to the provisions of section
eight of this article shall be subject to approval of the
secretary of the department of education and the arts, all
pursuant to the provisions of article two, chapter five-f of this
code.
The respective chancellors of the university of West
Virginia board of trustees and the board of directors of the
state college system shall provide any and all information
requested by the secretary of education and the arts in a timely
manner.
(b) The secretary of education and the arts is responsible
for the coordination of policies and purposes of the state
university system and the state college system and shall provide
for and facilitate sufficient interaction between the governing
boards, and between the governing boards and the state board of
education, to assure appropriate mission and program coordination
and cooperation among (1) the state university system, (2) the
state college system, exclusive of the community colleges, (3)
the community colleges and community college components of four-year institutions, if any, and (4) the vocational-technical
centers in the state, recognizing the inherent differences in the
missions and capabilities of these four categories of
institutions.
(c) The secretary of education and the arts shall conduct a
special study of the West Virginia University at Parkersburg,
Potomac State College of West Virginia University and the
University of West Virginia College of Graduate Studies to
determine the role and mission of said institutions in the
reorganized system of higher education in the state and shall
submit a report on the study to the Legislature on or before the
first day of January, one thousand nine hundred ninety.
§18B-1-5a. Pilot program of delivering educational services via
distance learning.
(a) The intent of the Legislature in enacting this section
is to create the framework for establishing an educational
delivery system to address findings that:
(1) The strength of the economy of the State of West
Virginia is directly affected by the percentage of the available
work force possessing college degrees and/or an advanced
vocational-technical education from which an employer may draw;
(2) Real and perceived barriers within West Virginia and its
systems of higher education, such as the cost of a college
education, the availability of appropriate course work at
locations and times convenient for students with families and/or
jobs, and inadequate preparation for college-level work, have
created road blocks for West Virginians in achieving theireducational goals and, in turn, have limited the economic
opportunities available to them and the State of West Virginia;
and
(3) Because of the state's history of a low college going
rate and a low percentage of state residents who hold college
degrees, meeting the current and future work force needs of West
Virginia will require attention to the needs of working-age
adults for upgrading their skills, continuing their educations,
preparing for new careers and other lifelong learning pursuits,
in addition to attending to the educational needs of traditional
college age students.
(b) Such a delivery system should employ the best available
technology and qualified instructors to provide courses of
instruction to students at remote locations by means of
electronic transmission and computer assisted instruction. It
should make maximum use of the currently existing resources,
facilities, equipment and personnel in the state's systems of
public and higher education and other educational and
administrative agencies and should be low-tuition,
commuter-oriented, open door admissions, serving adults of all
ages. The courses of instruction offered through such a system
should be relevant to the needs of the target population as
expressed in the major findings listed in subsection (a) of this
section and should meet the several goals of helping students to
prepare for college level work, to increase their likelihood of
securing gainful employment given their other relevant life
circumstances, to obtain higher education core curriculumcoursework that is universally accepted at all state institutions
of higher education with the grade earned, and to minimize the
amount of additional course work they will be required to take at
less convenient times and locations to achieve their educational
goals. The delivery system should also include adequate student
support services such as student advising, career counseling,
library access and immediate interaction with peers and
instructors.
(c) The secretary of education and the arts shall be
responsible for establishing a three-year pilot program
consisting of several sites within the state for the delivery of
educational programs consistent with the the goals established in
this section. To assist in the development of this program, the
secretary shall appoint an advisory committee comprised of
persons from public education, higher education, the West
Virginia distance learning coordinating council, the Legislature
and the business community. In consultation with the advisory
committee, the secretary shall select the pilot sites for
offering the educational programs, the various technologies for
program delivery, the types of courses to be offered, the course
instructors and site coordinators and their training, the fees to
be charged, and other issues relevant to program administration.
For the purposes of the pilot program, there is hereby
established in the state treasury a special revolving fund within
the account of the secretary of education and the arts into which
appropriations, course fees and other moneys received by the
secretary for the purposes of the program shall be paid forexpenditure in the operation of the pilot program, including, but
not limited to, personnel services, current expense and
equipment. If a permanent program is established at the
conclusion of the pilot program, the secretary shall transfer the
balance of funds in such fund to such other accounts in the state
treasury as appropriate for support of the permanent program. If
such a permanent program is not established, the balance of such
fund shall revert to the general revenue. During each year of the
pilot program, the secretary shall report to the governor and the
Legislature on the progress of the program, whether it should be
continued or discontinued, and, if continued, any recommended
modifications in program scope and mission and any action which
is necessary on behalf of the governor or the Legislature to
improve the success of the program. At the end of the pilot
program, the secretary shall make a final report to the governor
and the Legislature as to whether the findings set forth in this
section are being addressed through such an educational delivery
system and shall recommend whether it should become permanent. If
the secretary recommends that the delivery system should become
permanent, the secretary shall also recommend specific structures
for program support and administration, instructional development
and objectives, technology, student support services and other
relevant policy issues.
§18B-1-8. Powers and duties of governing boards generally.
(a) Each governing board shall separately have the power and
duty to:
(1) Determine, control, supervise and manage the financial,business and educational policies and affairs of the state
institutions of higher education under its jurisdiction;
(2) Prepare a master plan for the state institutions of
higher education under its jurisdiction, setting forth the goals,
missions, degree offerings, resource requirements, physical plant
needs, state personnel needs, enrollment levels and other
planning determinates and projections necessary in such a plan
to
assure that the needs of the state for a quality system of higher
education are addressed: Provided, That the master plan for
post-secondary vocational education is subject to approval by the
joint commission for post-secondary occupational education. The
plan shall also address the roles and missions of private
post-secondary education providers in the state. Each board
shall involve the executive and legislative branches of state
government and the general public in the development of all
segments of the plan for post-secondary education in the state.
The plan shall be established for periods of not less than five
nor more than ten years and shall be periodically revised as
necessary, including the addition or deletion of degree programs
as in the discretion of the boards may be necessary. Whenever a
state institution of higher education desires to establish a new
degree program, such program proposal shall not be implemented
until the same is filed with both governing boards. Upon
objection thereto within sixty days by either governing board,
such program proposal shall be filed with the secretary of
education and the arts, who shall approve or disapprove such
proposal within one year of the filing of said program proposal;
(3) Prescribe and allocate among the state institutions of
higher education under its jurisdiction, in accordance with its
master plan, specific functions and responsibilities to meet the
higher education needs of the state and to avoid unnecessary
duplication;
(4) Consult with the executive branch and the Legislature in
the establishment of funding parameters, priorities and goals;
(5) Establish guidelines for and direct the preparation of
budget requests for each of the state institutions of higher
education under its jurisdiction, such requests to relate
directly to missions, goals and projections in its state master
plan;
(6) Consider, revise and submit to the appropriate agencies
of the executive and legislative branches of state government
separate budget requests on behalf of the state institutions of
higher education under its jurisdiction or a single budget for
the state institutions of higher education under its
jurisdiction:
Provided, That when a single budget is submitted,
that budget shall be accompanied by a tentative schedule of
proposed allocations of funds to the separate state institutions
of higher education under its jurisdiction;
(7) Prepare and submit to the Speaker of the House of
Delegates and the President of the Senate, no later than the
first day of each regular session of the Legislature, and to any
member of the Legislature upon request, an analysis of the budget
request submitted under subdivision (6) of this subsection. The
analysis shall summarize all amounts and sources of funds outsideof the general revenue fund anticipated to be received by each
state institution of higher education under its jurisdiction and
the effect of such funds on the budget request;
(8) Prepare and submit to the legislative auditor, no later
than the first day of July of each year, the approved operating
budgets of each state institution of higher education under its
jurisdiction for the fiscal year beginning on that date and, no
later than the first day of August, a summary of federal and
other external funds received at each such institution during the
previous fiscal year;
(9) Establish a system of information and data management
that can be effectively utilized in the development and
management of higher education policy, mission and goals;
(10) Review, at least every five years, all academic
programs offered at the state institutions of higher education
under its jurisdiction. The review shall address the viability,
adequacy and necessity of the programs in relation to its master
plan
and the educational and workforce needs of the state. As a
part of such review, each governing board shall require each of
its institutions to conduct periodic studies of its graduates and
their employers to determine placement patterns and the
effectiveness of the educational experience. Where appropriate,
these studies should make use of the studies required of many
academic disciplines by their accrediting bodies. The governing
boards shall also ensure that the sequence and availability of
academic programs and courses is such that students have the
maximum opportunity to complete programs in the time framenormally associated with program completion, that the needs of
non-traditional college age students are appropriately addressed,
and that core coursework completed at any state institution of
higher education is transferable to another state institution of
higher education for credit with the grade earned;
(11) Utilize faculty, students, and classified staff in
institutional level planning and decision-making when those
groups are affected;
(12) Administer a uniform system of personnel classification
and compensation for all employees other than faculty and policy
level administrators;
(13) Establish a uniform system for the hearing of employee
grievances and appeals therefrom, so that aggrieved parties may
be assured of timely and objective review;
(14) Solicit and utilize or expend voluntary support,
including financial contributions and support services, for the
state institutions of higher education;
(15) Appoint a president or other administrative head for
each institution of higher education from candidates submitted by
the search and screening committees of the institutional boards
of advisors pursuant to section one, article six of this chapter;
(16) Conduct
written performance evaluations of each
institution's president in every fourth year of employment as
president, recognizing unique characteristics of the institution
and utilizing institutional personnel, institutional boards of
advisors, staff of the appropriate governing board and persons
knowledgeable in higher education matters who are not otherwiseemployed by a governing board;
(17) Submit to the joint committee on government and
finance, no later than the first day of December of each year, an
annual report of the performance of the system of higher
education under its jurisdiction during the previous fiscal year
as compared to stated goals in its master plan and budget
appropriations for that fiscal year
. ; and
(18) Administer an advance allowance account, drawn upon the
warrant of the auditor and issued by check or bank wire by the
treasurer, all pursuant to the provisions of article three-a of
chapter twelve of this code.
(b) The power herein given to each governing board to
prescribe and allocate among the state institutions of higher
education under its jurisdiction specific functions and
responsibilities to meet the higher educational needs of the
state and avoid unnecessary duplication shall not be restricted
by any provision of law assigning specified functions and
responsibilities to designated state institutions of higher
education, and such power shall supersede any such provision of
law:
Provided, That each governing board may delegate, with
prescribed standards and limitations, such part of its power and
control over the business affairs of a particular state
institution of higher education to the president or other
administrative head of such state institution of higher education
in any case where it deems such delegation necessary and prudent
in order to enable such institution to function in a proper and
expeditious manner:
Provided, however, That such delegationshall not be interpreted to include classification of employees,
lawful appeals made by students in accordance with the
appropriate governing board's policy, lawful appeals made by
faculty or staff, or final review of new or established academic
or other programs. Any such delegation of power and control may
be rescinded by the appropriate governing board at any time, in
whole or in part.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-4. Community colleges.
(a) Effective the first day of July, one thousand nine
hundred eighty-nine, the following institutions are hereby
established or continued as freestanding community colleges:
Southern West Virginia Community College and West Virginia
Northern Community College.
On or before the first day of July,
one thousand nine hundred ninety, the board of directors may
designate other facilities, centers, locations and schools as
freestanding community colleges. Such freestanding community
colleges shall not be operated as branches or off-campus
locations of any other state institution of higher education.
(b) The directors, in accordance with article two-b, chapter
eighteen of this code, shall cooperate with the state board of
vocational education, the state council of vocational-technical
education, and the joint commission for
vocational-technical-occupational post-secondary occupational
education to develop a
comprehensive system of academic,
vocational, technical and career development programs to serve
the educational needs of adults for college preparatory, two-yearassociate degree, continuing education, workforce training and
retraining, and other such programs within the state. The board
of directors shall delegate such authority as they deem prudent
to the community college presidents, or other administrative
heads, to work with campus level advisory committees to assess
the work force needs of business and industry within their
service areas, regularly review and revise curricula to ensure
that the work force needs are met, develop new programs and phase
out or modify existing programs as appropriate to meet such
needs, provide professional development opportunities for faculty
and staff, establish cooperative programs and student internships
with business and industry, streamline procedures for designing
and implementing customized training programs, and to accomplish
such other complements of a quality comprehensive community
college. network of post-secondary vocational, job training
and other educational centers, utilizing In developing such a
system, the various educational agencies shall establish
cooperative relationships to utilize existing community colleges
and programs,
public school vocational centers and other existing
facilities
, and existing training to serve the identified needs
within the service area. The community colleges shall be
organized into eight community college service areas which shall
have the same boundaries as the regional educational service
agencies established by the state board of education pursuant to
section twenty-six, article two, chapter eighteen of this code:
Provided, That any community college and the branches thereof
existing on the effective date of this section may be located inmore than one community college service area created pursuant to
this section and shall not be affected by such service area
boundary.
(c) A separate division of community colleges shall be
established under the board of directors and
shall have a
distinct budget. The community college division shall be
supervised by the vice chancellor for community colleges. The
community colleges shall be responsible directly to and subject
to the governance of the vice chancellor for community colleges,
who shall regularly convene the presidents or other
administrative heads of the community colleges as a community
college council.
The vice chancellor for community colleges shall consider
(1) existing branch colleges, community college components, off-
campus locations, and, through agreements with the state board of
vocational education, vocational technical centers included
within the boundaries of the eight community college service
areas and (2) the needs of each such region in determining the
enrollment, programs and functions of all community colleges, and
the names and locations of newly designated community colleges:
Provided, That Programs at community colleges shall be two years
or less in duration.
(d) The board of directors may fix tuition and establish and
set such other fees to be charged students as it deems
appropriate, and shall pay such tuition and fees collected into
a revolving fund for the partial or full support, including the
making of capital improvements, of any community collegeestablished, continued or designated hereunder. Funds collected
at any such community college may be used only for the benefit of
that community college. The board of directors may also
establish special fees for such purposes as, including, but not
limited to, health services, student activities, student
recreation, athletics or any other extracurricular purposes.
Such special fees shall be paid into special funds and used
at
the community college at which they were collected only for the
purposes for which collected.
Moneys collected at a branch college or off-campus location
of a state institution of higher education which is subsequently
designated as a community college shall be transferred to and
vested in the successor community college.
(e) The board of directors may allocate funds from the
appropriations for the state college system for the operation and
capital improvement of any community college continued,
established or designated under authority of this section and may
accept federal grants and funds from county boards of education,
other local governmental bodies, corporations or persons. The
directors may enter into memoranda of agreements with such
governmental bodies, corporations or persons for the use or
acceptance of local facilities and/or the acceptance of grants or
contributions toward the cost of the acquisition or construction
of such facilities. Such local governmental bodies may convey
capital improvements, or lease the same without monetary
consideration, to the board of directors for the use by the
community college, and the board of directors may accept suchfacilities, or the use or lease thereof, and grants or
contributions for such purposes from such governmental bodies,
the federal government or any corporation or person.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-2. Allocation of appropriations.
(a) From appropriations to the institutional control
accounts of the respective governing boards for allocation to the
state institutions of higher education under their jurisdiction,
the governing boards shall allocate all such funds above the
amounts appropriated for fiscal year one thousand nine hundred
ninety-three, to their respective institutions proportional to
such amounts as are indicated by application of the resource
allocation model to move per student appropriations at state
institutions of higher education in West Virginia toward the
averages for similar institutions in member states of the
southern regional education board: Provided, That all funds
appropriated for salary increases at the state institutions of
higher education for fiscal year one thousand nine hundred
ninety-four, shall be considered "new money" and shall be
allocated in such a manner: Provided, however, That any funding
which a state institution of higher education may receive from
such allocations which are in excess of the amounts required to
fund a state mandated salary increase shall be used to address
the institutions highest academic priorities, including, but not
limited to, maintaining an appropriate balance between full-time
and adjunct faculty, and shall not be used for granting
additional general salary increases if the goals set forth in theinstitution's written salary policy pursuant to section three-a,
article eight of this chapter have been met.
(b) From appropriations for the higher education governing
boards, the governing boards shall jointly allocate funds for the
operation of the central office under the senior administrator
and shall share equally the cost of suitable offices for the
senior administrator and other staff in Charleston.
(c) Any tuition and registration fee collections paid into
tuition and registration fee special capital improvement funds
and special revenue bond funds which accrue in excess of the
amounts necessary to protect the interests of all holders of
obligations for which such fees were pledged by the board of
regents and shall remain pledged under the governing boards,
shall be allocated to each governing board in proportion to the
amounts of such fees collected through the institutions under its
jurisdiction and shall be deposited in special capital
improvement funds in the state treasury under the name of the
governing board for expenditure for capital improvements at the
institutions under the appropriate board's jurisdiction.
§18B-5-2a. Authorizing certain transfers within and among
general and special revenue accounts of state institutions
of higher education.
(a) In accordance with the provisions of section seventeen,
article two, chapter five-a of this code, the transfer of amounts
between items of appropriations, or the transfer of moneys in a
special account established for a particular purpose into another
account for expenditure for another purpose, are specificallyauthorized for a spending unit under the jurisdiction of the
governing boards subject to the following conditions:
(1) The president, or other administrative head, and a
majority of the board of advisors of a state institution of
higher education approves such a transfer and the president
submits a written request for such a transfer to the secretary of
education and the arts, the appropriate governing board, the
legislative auditor and the legislative oversight commission on
education accountability;
(2) The secretary of education and the arts, after
consultation with the appropriate governing board, the
legislative auditor and the legislative oversight commission on
education accountability, gives written approval to such a
request for a transfer and follows such procedures as may be
required by the secretary of administration, the auditor and the
treasurer to effect such a transfer prior to any expenditure of
the moneys so transferred;
(3) Such a transfer does not increase the moneys allocated
or appropriated to personal services, unless such transfer to
personal services shall be for the employment of personnel for
summer school, and then only in such amounts as mandated for
salary purposes by articles eight and nine of this chapter, or
unless a quarterly allotment of funds pursuant to section
fifteen, article two, chapter five-a of this code is insufficient
to meet the appropriated personal services budget of the spending
unit in that fiscal quarter, in which case, such a transfer may
only be made to meet such an insufficiency and shall beaccompanied by a pledge to replace such funds in the original
accounts by the end of that fiscal year;
(4) Not more than ten percent of the total allocation or
appropriation in any general revenue account of a state
institution of higher education may be transferred between the
items of allocation or appropriation thereof or between the
accounts established for such institution;
(5) The transfer of moneys in a special account established
for a particular purpose into another account for expenditure for
another purpose shall not exceed such amounts as are determined
by the president, or other administrative head, of the
institution to be in excess of that reasonably required to
accomplish the purposes for which the account was established,
unless such excess balances are insufficient to provide the
amounts necessary for a temporary transfer in the case of a
quarterly allotment which is insufficient to meet the
appropriated personal services budget;
(6) Funds may not be transferred pursuant to this subsection
from accounts established under sections two, three and twelve,
article ten of this chapter; and
(7) Funds in any general or special account established for
a specific state institution of higher education shall not be
transferred pursuant to this section for use by another state
institution of higher education.
(b) If, due to increased efficiency in operations, a state
institution of higher education accumulates balances in any of
its accounts, or accounts established for the institution by itsgoverning board, which are in excess of the amounts needed to
accomplish the purposes for which the accounts were established,
either general or special revenue, the institution may employ the
transfer provisions established in subsection (a) paragraphs (1)
and (2) of this section to transfer such excess balances into a
special efficiency surplus revolving fund which shall be created
in the state treasury for the institution and which shall be
carried forward into the subsequent fiscal years. In the case of
such transfers, the president shall, in addition to the request
for a transfer, also submit to the secretary of education and the
arts, the appropriate governing board, the legislative auditor
and the legislative oversight commission on education
accountability, documentation of the efficiencies accomplished
which resulted in the excess balance. Funds transferred into the
special surplus fund of an institution shall be budgeted by the
president, or other administrative head, of the institution in
consultation with the faculty senate and student government
organization to meet the highest academic priorities of the
institution:
Provided, That such funds may not be used to support
a continuing operation or expense unless the efficiencies which
resulted in such funds becoming available are likewise
continuing:
Provided, however, That the restrictions on fund
transfers set forth in subsection (a) paragraphs (3), (4), (5)
and (6) of this section shall not apply to transfers to the
efficiency surplus revolving fund:
Provided, further, That the
restriction set forth in subsection (a) paragraph (7) of this
section shall apply to such transfers.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment and printing.
(a) Each governing board, through the senior administrator,
shall purchase or acquire all materials, supplies, equipment and
printing required for that board, and the state institutions of
higher education under its jurisdiction. The governing boards
shall adopt rules governing and controlling acquisitions and
purchases in accordance with the provisions of this section.
Such rules shall assure that the governing board: (1) Shall not
preclude any person from participating and making sales thereof
to the board except as otherwise provided in section five of this
article; (2) shall establish and prescribe specifications, in all
proper cases, for materials, supplies, equipment and printing to
be purchased; (3) shall adopt and prescribe such purchase order,
requisition or other forms as may be required; (4) shall
negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market
or through other accepted methods of governmental purchasing as
may be practicable in accordance with general law; (5) shall
advertise for bids on all purchases exceeding five thousand
dollars, to purchase by means of sealed bids and competitive
bidding or to effect advantageous purchases through other
accepted governmental methods and practices; and (6) shall post
in a public place in the central office of the governing boards,
in the purchasing office of the specific institution involved in
the purchase and in the office of the department of purchases,
available to the public during all business hours, notices of allacquisitions and purchases for which competitive bids are being
solicited, at least two weeks prior to making such purchases.
The governing boards shall further adopt rules relating to
purchasing in the open market pursuant to section thirteen,
article three, chapter five-a of this code, and shall further
make provision for vendor notification of bid solicitation and
emergency purchasing.
Any or all bids may be rejected. However, all purchases
based on advertised bid requests shall be awarded to the lowest
responsible bidder taking into consideration the qualities of the
articles to be supplied, their conformity with specifications,
their suitability to the requirements of the governing boards and
delivery terms:
Provided, That the preference for resident
vendors as provided in section forty-four, article three of said
chapter five-a shall apply to the competitive bids made pursuant
to this section.
The governing boards shall maintain a purchase file, which
shall be a public record and open for public inspection. After
the award of the order or contract, the governing boards shall
indicate upon the successful bid that it was the successful bid,
and shall further indicate why bids are rejected and, if the
mathematical low vendor is not awarded the order or contract, the
reason therefor. No records in the purchase file shall be
destroyed without the written consent of the legislative auditor.
(b) The governing boards shall also adopt rules to prescribe
qualifications to be met by any person who, on and after the
effective date of this section, is to be employed as a buyerpursuant to this section. Such rules shall provide that no
person shall be employed as a buyer unless such person, at the
time of employment, either is (1) a graduate of an accredited
college or university or (2) has at least four years' experience
in purchasing for any unit of government or for any business,
commercial or industrial enterprise. Any person making purchases
and acquisitions pursuant to this section shall execute a bond in
the penalty of fifty thousand dollars, payable to the state of
West Virginia, with a corporate bonding or surety company
authorized to do business in this state as surety thereon, in
form prescribed by the attorney general and conditioned upon the
faithful performance of all duties in accordance with sections
four through seven of this article and the rules of the governing
boards. In lieu of separate bonds for such buyers, a blanket
surety bond may be obtained. Any such bond or bonds shall be
filed with the secretary of state. The cost of any such bond or
bonds shall be paid from funds appropriated to the applicable
governing board.
(c) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article
two, chapter five-a of this code, relating to expenditure
schedules and quarterly allotments of funds and in accordance
with section sixteen, article three of said chapter.
The governing boards may make requisitions upon the auditor
for a sum to be known as an advance allowance account,
in no case
to exceed five percent of the total of the appropriations for theboard, and the auditor shall draw a warrant upon the treasurer
for such accounts; and all such advance allowance accounts shall
be accounted for by the applicable governing board once every
calendar month. thirty days or more often if required by the
state auditor. Such authority shall not be delegated to any
state institution under the control and supervision of the board.
Contracts entered into pursuant to this section shall be
signed by the applicable governing board in the name of the state
and shall be approved as to form by the attorney general. A
contract that requires more than six months for its fulfillment
shall be filed with the state auditor. The governing board shall
prescribe the amount of deposit or bond to be submitted with a
bid or contract, if any, and the amount of deposit or bond to be
given for the faithful performance of a contract. If the
governing board purchases or contracts for materials, supplies,
equipment and printing contrary to the provisions of sections
four through seven of this article or the rules pursuant thereto,
such purchase or contract shall be void and of no effect.
Either governing board may request the director of purchases
to make available, from time to time, the facilities and services
of that department to the board in the purchase and acquisition
of materials, supplies, equipment and printing, and the director
of purchases shall cooperate with that governing board in all
such purchases and acquisitions upon such request.
Each governing board shall permit private institutions of
higher education to join as purchasers on purchase contracts for
materials, supplies and equipment entered into by that governing board. Any private school desiring to join as purchasers on such
purchase contracts shall file with that governing board an
affidavit signed by the president of the institution of higher
education or a designee requesting that it be authorized to join
as purchaser on purchase contracts of that governing board and
agreeing that it will be bound by such terms and conditions as
that governing board may prescribe, and that it will be
responsible for payment directly to the vendor under each
purchase contract.
ARTICLE 6. OTHER BOARDS AND ADVISORY COUNCILS.
§18B-6-1. Institutional boards of advisors.
(a) There shall be established at each state institution of
higher education, hereinafter referred to as the "institution,"
excluding centers and branches thereof, an institutional board of
advisors. The board of advisors shall consist of eleven members,
including an administrative officer of the institution appointed
by the president of the institution; a full-time member of the
faculty with the rank of instructor or above duly elected by the
faculty; a member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body; a member of the institutional classified staff duly elected
by the classified staff; and, appointed by the appropriate
governing board, seven lay citizens of the state who have
demonstrated a sincere interest in and concern for the welfare of
that institution and who are representative of its population and
fields of study, including at least two alumni of the
institution. Of the seven lay citizen members, no more than fourmay be of the same political party.
The administrative officer, faculty member, student member
and classified staff member shall serve for a term of one year,
and the seven lay citizen members shall serve terms of four years
each. All members
, except the administrative officer, shall be
eligible to succeed themselves for no more than one additional
term. A vacancy in an unexpired term of a member shall be filled
within sixty days of the occurrence thereof 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 April preceding the
commencement of the term.
Each board of advisors shall hold a regular meeting at least
quarterly, commencing in July of each year. Additional meetings
may be held upon the call of the chairman, president of the
institution, or upon the written request of at least four
members. A majority of the members shall constitute a quorum for
conducting the business of the board of advisors.
(b) One of the seven lay citizen members shall be elected as
chairman by the board of advisors in July of each year:
Provided, That no member shall serve as chairman for more than
two consecutive years at a time.
The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under thissection upon presentation of an itemized sworn statement thereof.
All expenses incurred by the board of advisors and the
institution under this section shall be paid from funds allocated
to the institution for such purpose.
(c) The board of advisors shall review, prior to the
submission by the president to its governing board, all proposals
of the institution in the areas of mission, academic programs,
budget, capital facilities and such other matters as requested by
the president of the institution or its governing board or
otherwise assigned to it by law. The board of advisors shall
comment on each such proposal in writing, with such
recommendations for concurrence therein or revision or rejection
thereof as it deems proper. Such written comments and
recommendations shall accompany the proposal to the governing
board, and the governing board shall include such comments and
recommendations in its consideration of and action on the
proposal. The governing board shall promptly acknowledge receipt
of the comments and recommendations and shall notify the board of
advisors in writing of any action taken thereon.
(d) Upon request therefor in writing by the president of the
institution, the board of advisors may authorize transfers
between items of allocation or appropriation in accordance with
the provisions of section nineteen-a, article two, chapter five-a
of this code.
(e) The board of advisors shall review, prior to their
implementation by the president, all proposals regarding
institution-wide personnel policies. The board of advisors maycomment on such proposals in writing.
(f) The board of advisors shall provide advice and
assistance to the president in establishing closer connections
between higher education and business, labor, government,
community and economic development organizations to give students
greater opportunities to experience the world of work, such as
business and community service internships, apprenticeships and
co-op programs; to better communicate and serve the current work
force and work force development needs of their service area,
including the needs of nontraditional students for college-level
skills upgrading and retraining and the needs of employers for
specific programs of limited duration; and to assess the
performance of institution's graduates and assist in job
placement. The administrative officer of the institution serving
on the advisory council may be assigned the responsibility for
coordinating the institution's activities related to economic
development.
(f) (g) Upon the occurrence of a vacancy in the office of
president of the institution, the board of advisors shall serve
as a search and screening committee for candidates to fill the
vacancy under guidelines established by its governing board.
When serving as a search and screening committee, the board of
advisors and its governing board are each authorized to appoint
up to three additional persons to serve on the committee as long
as the search and screening process is in effect. The three
additional appointees of the board of advisors shall be faculty
members of the institution. Only for the purposes of the searchand screening process, such additional members shall possess the
same powers and rights as the regular members of the board of
advisors, including reimbursement for all reasonable and
necessary expenses actually incurred. Following the search and
screening process, the committee shall submit the names of at
least three candidates to the governing board for consideration
and appointment. If the governing board rejects all candidates
so submitted, the committee shall submit the names of at least
three additional candidates, and this process shall be repeated
until the governing board appoints one of the candidates so
submitted. The governing board shall provide all necessary staff
assistance to the board of advisors in its role as a search and
screening committee.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-3a. Institutional salary policies; distribution of faculty
salary increases.
Beginning with the fiscal year one thousand nine hundred
ninety-four, faculty salary increases shall be distributed within
each state institution of higher education in accordance with a
written institutional salary policy which achieves or moves
toward the following goals:
(1) Each full-time faculty member receives at least the
amount indicated by the minimum salary schedules pursuant to
section two of this article;
(2) Each full-time faculty member within a discipline group,
receives a salary which is competitive with those in similar
disciplines at peer institutions;
(3) Faculty are recognized for outstanding performance;
(4) Equity among salaries is maintained; and
(5) The institution's faculty are effectively involved in
the administration of the campus-level faculty salary policy.
(b) With respect to funds appropriated for faculty salary
increases in fiscal year one thousand nine hundred ninety-four,
the respective higher education governing boards, with the
concurrence of the secretary of education and the arts, shall
submit a detailed plan in accordance with this section for the
distribution of faculty salary funds which results in an average
salary increase of two thousand dollars, including benefits, for
full-time faculty at each state institution of higher education,
prorated for less than full-time employment, to the legislative
oversight commission on education accountability. Such plan
shall be approved by the legislative oversight commission on
education accountability prior to the distribution of such funds.
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) Before the first day of July, one thousand nine hundred
ninety, the governing boards shall establish by rule and
implement an equitable system of job classifications, 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 correspondingpositions in institutions under both boards. The system of job
classifications shall be submitted to the secretary of education
and the arts for review and approval prior to implementation on
said date.
By such date and with consideration to recommendations of
the institutions, the appropriate governing board shall furnish
each classified employee written confirmation of the assignment
to the appropriate classification, job title and pay grade and of
the proper placement on the salary schedule pursuant to section
three of this article notwithstanding the actual salary paid.
Such assignment may be appealed in accordance with article
twenty-nine of chapter eighteen of this code:
Provided, That
nothing herein shall nullify or void any personnel classification
system in effect immediately prior to the first day of July, one
thousand nine hundred eighty-nine.
(b) Beginning with the fiscal year one thousand nine hundred
ninety-four, classified staff salary increases distributed within
each state institution of higher education shall be in accordance
with a uniform employee classification system and salary policy
which is adopted by the respective governing boards and approved
in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code, and which:
(i) Pays each full-time classified staff not less than the
minimum salary of the range established for the pay grade of the
employee's position when the mid point of such range is
established at eighty-four percent of the competitive market rate
for such position, prorated for less than full-time employment;and
(ii) Pays each full-time classified employee an additional
amount across-the-board based on the difference between the total
amount required pursuant to subdivision (i) of this subsection
and the amount appropriated for classified salary increases,
including benefits, divided by the number of state funded
classified employees, prorated for less than full-time
employment: Provided, That with respect to funds appropriated for
staff salary increases in fiscal year one thousand nine hundred
ninety-four, the respective higher education governing boards,
with the concurrence of the secretary of education and the arts,
shall submit a detailed plan for the distribution of such funds
in accordance with this section to the legislative oversight
commission on education accountability. Such plan shall be
approved by the legislative oversight commission on education
accountability prior to the distribution of such funds.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE
INSTITUTIONS OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at educational
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 fees any one or
more of the following: (1) Health service fees, (2) infirmary
fees, (3) student activities, recreational, athletic and
extracurricular fees, which said fees may be used to finance astudent's attorney to perform legal services for students in
civil matters at such institutions:
Provided, That such legal
services shall be limited to only those types of cases, programs
or services approved by the administrative head of such
institution where such 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. 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:
Provided, however, That the maximum fees to be
collected under this section for resident students shall not
exceed five hundred dollars per semester, and for nonresident
students, one thousand dollars per semester
: Provided, further,
That the governing boards shall use the median of the average
tuition and required fees at similarly classified institutions in
member states of the southern regional education board as a goal
in establishing tuition and required fee levels at state
institutions of higher education under their jurisdiction. The
schedule of all 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 legislative auditor a certified
copy of such schedule and changes.
(b) 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 aninstitution shall be paid into a special student union building
fund for such institution, which is hereby created in the state
treasury, and shall be used only for the construction, operation
and maintenance of a student union building or a combination
student union and dining hall building or for 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 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 immediately needed 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.
(c) The boards shall establish the rates to be charged
full-time students enrolled during a regular academic term. For
fee purposes a full-time undergraduate student shall be one
enrolled for twelve or more credit hours in a regular term, and
a full-time graduate student shall be one enrolled for nine or
more credit hours in a regular term. Undergraduate students
taking less 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 less
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.
Fees for students enrolled in summer terms or othernon-traditional time periods shall be prorated based upon the
number of credit hours for which the student enrolls in
accordance with the above provisions.
(d) All fees shall be due and payable by the student upon
enrollment and registration for classes. The governing boards
may, however, permit fee payments to be made in two or more
installments, plus interest at a rate to be set by the board,
over the course of the academic term: Provided, That all fees
must be paid prior to the awarding of course credit at the end of
the term. The governing boards may also authorize the acceptance
of credit cards for payment of fees or other payment methods
which may be generally available to students and may provide for
disposition of the reasonable and customary charges for such
services.
(e) The governing boards shall establish rules regarding the
refund of any fees upon the voluntary or involuntary withdrawal
from classes of any student which shall comply with all
applicable state and federal law and shall be uniformly applied
throughout the systems.
(f) The governing boards shall establish rules using the fee
structure or other penalties to provide a disincentive for
students to register for classes in excess of the typical
full-time course load, that being from twelve to eighteen credit
hours for an undergraduate student and from nine to fifteen
credit hours for a graduate student, and then to withdraw from
such excess classes after the semester has begun.
(c) Refund, as an erroneous payment, may be made of any suchfees upon the voluntary or involuntary withdrawal from classes of
any student until eight weeks of the school semester or term have
expired, but no refund may be made thereafter.
§18B-10-14. Bookstores.
The appropriate governing board of each state institution of
higher education shall have 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 books,
stationery and other school and office supplies generally carried
in college stores, 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. 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.
Each governing board shall also ensure that bookstores
operated at institutions under its jurisdiction meet the
additional objective of minimizing the costs to students of
purchasing textbooks. To meet this objective, the governing
boards may adopt policies which require the repurchase and resaleof textbooks on an institutional or a statewide basis and provide
for the use of certain basic textbooks for a reasonable number of
years.
All moneys derived from the operation of the store shall be
paid into a special revenue fund as provided in section two,
article two, chapter twelve of this code. 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.
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. 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.
NOTE: The purpose of this bill is to advance recommendations
of the Higher Education Advocacy Team.
(1) Bridge the Gap.
§10-5-2a moves the Distance Learning Coordinating Councilfrom the Department of Administration to the Department of
Education and the Arts and gives it additional responsibility for
coordinated planning for a statewide distance learning technology
system.
§18B-1-5a creates a framework for establishing an
educational delivery system which employs the best available
technology and qualified instructors to provide courses of
instruction to students at remote locations by means of
electronic transmission and computer assisted learning. The
section sets out findings and goals for the program, including
helping students prepare for college level work, increasing their
likelihood of securing gainful employment, obtaining college core
coursework and minimizing the additional coursework they will
need to take at less convenient times and locations to meet their
educational objectives. The three-year pilot is under the
Secretary of Education and the Arts, assisted by an advisory
council, and will be partially funded through student fees.
(2) Community and Technical Education.
§18B-1-2 amends definitions to permit the community college
branch of Fairmont State College at Clarksburg to be operated as
a full community college under the administration of Fairmont
State College and to retain its tuition and fees at the campus
level for operational expenses.
§18B-3-4 removes expired language authorizing the Board of
Directors to designate additional freestanding community colleges
and further specifies the nature of the comprehensive community
college system to be developed by the Board. The Board of
Directors is required to delegate such authority as it deems
prudent to the community college presidents and advisory councils
to assess the work force needs in their service area;
appropriately review and revise curricula; develop, phase-out and
modify programs; provide professional development for faculty and
staff; establish cooperative programs and student internships;
streamline procedures for designing and implementing customized
training programs; and carry out other complements of a quality
comprehensive community college system. A distinct budget is
required for the Board of Director's community college division.
§18B-6-1 requires Institutional Boards of Advisors to
provide advice and assistance to the institution's President in
establishing closer ties to business, labor, government,
community and economic development organizations to give students
greater opportunities for business and community internships,
etc.; to better communicate and serve current workforce needs;
and assess the performance of graduates. The responsibility for
coordinating the institution's economic development activities
may be assigned to the administrative officer appointed to the
board and such administrative officer is exempted from the two
term limitation.
(3) Students.
§18B-1-8 (10) requires the governing boards to assure that
students have an opportunity to complete programs in the normal
time-frame, that the needs of nontraditional students are
appropriately addressed and that core coursework is universally
accepted at all state institutions of higher education with the
grade earned.
§18B-10-1 requires the governing boards to use the median of
the average tuition and required fees charged at similarly
classified institutions in member states of the Southern Regional
Education Board as a goal in establishing tuition and required
fee levels at state institutions of higher education under their
jurisdiction. Tuition and required fees in West Virginia are at
about this level currently. Full-time enrollment for fee
purposes is defined as more than 12 credits for undergraduates
and more than 9 credits for graduates. Fees are required to be
reduced pro rata for students enrolling for less than full-time.
The section also authorizes to permit payment of fees in two or
more installments and by credit card or other payment methods.
The rules for granting refunds upon withdrawal would also be
standardized at not less than 50%, less finance or service
charges, if withdrawal occurs prior to the 6th week. The
governing boards would be required to promulgate rules using the
fee structure or other penalties to create a disincentive for
students to register for more than a typical full-time course
load and then drop courses once the semester has begun.
§18B-10-14 requires the governing boards to ensure that book
stores meet an additional objective for minimizing the cost to
students and authorizes the boards to adopt policies which
require textbook repurchase and resale programs and for the use
of textbooks for a reasonable period of time.
(4) Resource Allocation and Salary Policy.
§18B-5-2 requires appropriations to the institutional
control accounts, above the amounts for FY93, not counting the
reduction, to be allocated to the institutions based on the
Resource Allocation Model. Funds received by an institution in
excess of the amount needed to fund a mandated salary increase,
if any, are to be used to address the institutions highest
academic priorities, including but not limited to maintaining a
proper balance between full-time and adjunct faculty, and not for
additional general salary increases.
§18B-8-3a requires faculty salaries to be distributed
beginning in FY94 in accordance with a written institutional
salary policy with five objectives: the minimum statutory
schedule met for all faculty; salaries within discipline groups
are competitive with similar discipline groups at peer
institutions; recognize outstanding performance; maintain equity;and involve the institution's faculty in policy. For FY94 the
governing boards, with the concurrence of the Secretary, are to
submit a detailed plan in accordance with the section which
results in an average salary increase of $2,000, including
benefits, for full-time faculty at each state institution of
higher education, prorated for less than full-time employment, to
the legislative oversight commission on education accountability.
Such plan shall be approved by the Legislative Oversight
Commission on Education Accountability for approval prior to
distribution.
§18B-9-4 requires classified staff salaries to be
distributed beginning FY94 in accordance with a uniform
classification and salary policy (as is required by the statute
to have been completed and implemented by 7/1/90). The section
would first require each employee to be paid at least the minimum
for their pay grade when the mid point of the range for their pay
grade is set at 84% of the competitive market rate, and then
grant an across-the-board increase, prorated for part-time
employment, from remaining funds.
(5) Quarterly Allotments.
§5A-2-13 and 15 require the Secretary of Administration to
give special consideration in approving expenditure schedules and
quarterly allotments to accounts which consist predominantly of
personal services.
§18B-5-2a allows spending units under the jurisdiction of
the governing boards to transfer funds between items of
appropriations and from special accounts established for a
particular purpose to other accounts for other purposes under
certain conditions. Transfers to pay personal services are
prohibited except for the employment of personnel for summer
school or in the event of an insufficient quarterly allotment to
meet the appropriated personal services budget. Insufficiency
transfers must be accompanied by a pledge to replace the funds by
the end of the fiscal year.
(6) Institutional Check Writing Authority.
§12-3A-1 et seq. creates the Higher Education Vendor Payment
Act. The WV Code
Chapter 12 amendments provide related
exceptions to procedures involving the state auditor and
treasurer. The Vendor Payment Act authorizes payment for goods
and services up to $5,000 through check-writing at the
institutional level and prohibits payroll checks. Advance
allowance accounts would be established for the institutions from
which they would write the checks. Monthly reports and on-going
reconciliation is required prior to continued advances. Related
amendments are also made in
§18B-5-4.
(7) Line Item and Special Account Transfers.
§18B-5-2a(a) authorizes spending units under the
jurisdiction of the governing boards to transfer amounts between
items of appropriation and from special accounts to other
accounts for other purposes subject to the following conditions:
(a) the president and board of advisors request it; (b) the
Secretary approves after consultation with the governing board,
Legislative Auditor and Legislative Oversight Commission on
Education Accountability; (c) the transfer does not increase
money for personal services, except summer school or quarterly
allotment shortfalls; (d) not more than 10% of general revenue
money may be transferred; (e) transfers from special funds are
limited to excess balances as determined by the president, with
a limited exception if necessary because of quarterly allotment
insufficiency; (f) funds may not be transferred from the Higher
Education Resource, Faculty Improvement, and Student Activity fee
accounts; and (g) funds established for one institution may not
be transferred for use at another.
§18B-5-2a(b) allows institutions to transfer fund balances
accumulated due to increased efficiency to a special Efficiency
Surplus Revolving Fund for the institution which will be carried
over into subsequent fiscal years and budgeted in consultation
with the faculty senate and student government to meet the
institution's highest academic priorities. The procedures are
the same as for the above transfers, except that limitations (c),
(d), (e) and (f) above do not apply and the president must also
submit documentation of the efficiencies which were accomplished.
(8) Other.
(a)
§18B-1-5 requires the chancellors to provide any and all
information requested of the Secretary in a timely manner.
(b)
§18B-1-8 also requires the master plan for state
institutions of higher education prepared by the governing boards
to include such determinates and projections necessary to ensure
that the needs of the state for a quality system of higher
education are addressed. The educational and workforce needs of
the state are also required to be a part of the program review
process. The governing boards shall require institutions to
conduct periodic reviews employers and graduates to determine
placement patterns and effectiveness.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Sections §§12-3A-1 et seq., 18B-1-5a, 18B-5-2a and 18B-8-3a
are new; therefore, strike-throughs and underscoring have been
omitted.
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