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SB377 SUB1 Senate Bill 377 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

For

Senate Bill No. 377

(By Senators Burdette, Mr. President,

and Boley by request of the Executive.)

____________

[Introduced March 16, l993; 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 five and eight, article one, chapter eighteen-b of said code; to further amend said article by adding thereto new sections, designated sections one-a, one-b and 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; requiring certain information to be provided ina 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; 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 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 toinstitutional board of advisors and exempting such administrative officer from two term 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; removing the fee cap and authorizing the collection of a fee to pay for student public interest research projects; 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 five and eight, article one, chapter eighteen-b of said code be amended and reenacted; that said article be further amended by adding thereto new sections, designated sections one-a, one-b and 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 be amended 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 upon finding 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 of 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 expenditureschedule 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 and every 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 the secretary finds that the amounts requested are in accordance with the approved expenditure schedules and are in accordance with sound fiscal policy, he or she shall submit the requests to the governor. The secretary shall also submit a summary statement showing the amounts expended under the budgetfor 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, the governor shall approve the allotment of 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 or she 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 investmentand 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, the department of administration's division of information systems and communications, and the office of the secretary of education and the arts. 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 of a statewide technology system linking universities and colleges, schools, libraries and, eventually, homes with software, data bases andvideo 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 and coordination of the various educational and other agencies of the state, and the county boards of education, in establishing distance learning technology.
(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 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 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 there are 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 approve courses offered through this program at the elementary andsecondary 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 public television 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 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 station in the program established by this sectionshall be voluntary. No school district, state institution of higher education, public library or public broadcasting 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 broadcasting 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 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 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 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 orinstitutional 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 for the specific program, but the fee shall be equal for all such 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 the auditor shall find to be justly due from thestate, if payment thereof be authorized by law, and if there be 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 same is to be charged, except as provided for in article three-a of this chapter. On the presentation of such warrant to the treasurer, the treasurer shall ascertain whether the same has been drawn in pursuance of an appropriation made by law, and if the treasurer finds it to be so, shall in that case, but not otherwise, endorse 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 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 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 bythe clerk of such court to his or her 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 the clerk's seal to the certificate referred to in this section. The treasurer and the board of investments shall jointly promulgate rules and regulations, in accordance with the provisions of chapter twenty-nine-a of this code governing the procedure for such payments from the treasury
§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 theamount 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 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 West Virginia schools for the deaf and blind, 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, 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 or her 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 a warrant to pay any money out of the state treasury unless satisfied that 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 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 organizations; 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, board of investments and commissioner of agriculture and their employees. The Legislature, the supreme court of appeals and the attorney general, auditor, secretary of state, treasurer, board of investments and 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 a higher education governing board 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 possible employment by the board or agent thereof.
It shall be lawful for a higher education governing board to authorize payment of: (1) All or part of the reasonable expense incurred by a person newly employed by the appropriate board in moving the household furniture, effects and immediate family to the place of employment; and (2) all or part of the reasonable expense incurred by an employee of the board in moving 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 mosteffective 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, it is 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 stateinstitution 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 the ledgers 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 if he 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 oraccounts 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, any institution 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 suchsignature 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 of this 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 tothe 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 a check on a depository, he or she 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. The auditor shall keep accounts of the particular heads of expenditures, and, when issuing 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 the treasurer's signature, personally signed or signed by such employees as are,in writing, authorized by the treasurer to make the treasurer's signature thereto, or bear a facsimile of the treasurer's signature; all warrants when issued by the auditor shall bear the auditor's signature, personally signed or signed by such employees as are, in writing, authorized by the auditor to make 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 respectively to sign checks or warrants as hereinabove provided. Any person, other than 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, 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 beconstrued to prohibit those provisions made pursuant to article three-a of this chapter.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 1. GOVERNANCE.

§18B-1-1a. Goals for post-secondary education.

(a) Findings and directives.
The Legislature finds that higher education is a vital force in the future of West Virginia. For the state to realize its considerable potential in the twenty-first century, West Virginia should invest in its people through a strong and dynamic higher education system.
The Legislature further finds that the people of West Virginia have demonstrated their support for this finding through their involvement and comments at meetings held throughout the state pursuant to Senate Concurrent Resolution 30 adopted at the regular session of the West Virginia Legislature, one thousand nine hundred ninety-two. The Legislature, also, endorses the report submitted by the higher education advocacy team pursuant to said resolution and directs the affected educational agencies to implement unified strategies for accomplishing the needed improvements.
(b) Goals and objectives.
In the pursuance of the above findings, the following goals and objectives are hereby adopted with respect to the investments which are necessary for higher education in West Virginia to contribute fully to the growth, development and quality of lifeof the state and its citizens:
(1) Students should be better prepared in high school to meet college standards jointly agreed upon by higher education and the public schools as required under subsection (c) of section five of this article. Those standards should be conveyed to students prior to entering tenth grade.
(2)More students should obtain education beyond the high school level for our individual and collective economic development;
(A) The awareness of post-secondary educational opportunities among the state's citizens should be expanded and their motivation to take advantage of available opportunities should be enhanced;
(B) Assistance in overcoming the financial barriers to post-secondary education should be provided;
(C) A student-friendly environment should be created within post-secondary education to encourage and expand participation for the increasingly diverse student population;
(3) Students should be prepared to compete in a global economy in which the good jobs will require an advanced education and level of skill which far surpasses former requirements;
(A) Academic preparation should be improved to ensure that students enrolling in programs of post-secondary education are adequately prepared to be successful in their selected fields of study and career plans;
(B) College graduates should meet or exceed national andinternational standards for skill levels in reading, oral and written communications, mathematics, critical thinking, science and technology, research and human relations;
(C) College graduates should meet or exceed national and international standards for performance in their fields through national accreditation of programs and through outcomes assessment of graduates;
(4) Resources should be focused on programs and courses which offer the greatest opportunities for students and the greatest opportunity for job creation and retention in the state;
(A) An entrepreneurial spirit and flexibility should be created within higher education to respond to the needs of the current work force and other nontraditional students for college-level skills upgrading and retraining;
(B) A focus should be created on programs supportive of West Virginia employment opportunities and the emerging high technology industries;
(C) Closer linkages should be established among higher education and business, labor, government, community and economic development organizations;
(5) Resources should be used to their maximum potential and faculty and technology should be combined in a way that makes West Virginia higher education more productive than similar institutions in other states;
(A) Institutional missions should be clarified and resources should be shifted to programs which meet the current and futurework force needs of the state;
(B) Program duplication necessary for geographic access should be determined and unnecessary duplication should be eliminated;
(C) Systematic ongoing mechanisms should be established for each state institution of higher education to set goals, measure the extent to which those goals are met, and use results of quantitative evaluation processes to improve institutional effectiveness;
(D) Institutional productivity and administrative efficiency standards should be established to ensure that state institutions of higher education are more productive and efficient than similar institutions in other states;
(6) The compensation of faculty, staff and administrators should be established at competitive levels to attract and keep quality personnel at state institutions of higher education;
(A) Faculty and staff classification and compensation at state institutions of higher education should be competitive with relevant market levels; and
(B) Available revenues should be distributed in an equitable fashion which enables each state institution of higher education to fulfill its mission and reward its employees appropriately.
§18B-1-1b. Implementation of findings, directives, goals and objectives.

The board of trustees and the board of directors shall develop a plan for implementation of the legislative findings,directives, goals and objectives set forth in section one-a of this article and to ensure accountability in implementing said findings, directives, goals and objectives in consultation with the secretary of education and the arts, the president of the West Virginia association of private colleges, the president of the joint commission for vocational-technical-occupational education, and the president of the West Virginia economic development council. A written report of the plan required by this section shall be submitted to the governor and the legislative oversight commission on education accountability by the first day of December, one thousand nine hundred ninety-three.
§18B-1-5. Board of trustees and board of directors under department of education and the arts.

(a) The board of trustees and the board of directors, 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 board of trustees and theboard of directors 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, the chancellors of the board of trustees and the board of directors, and the state superintendent of schools shall develop standards and suggest implementation methods for a standardized test to be used to predict post-secondary educational success such as the test offered by the American College Testing program. The test, hereinafter referred as the post-secondary academic success score or PASS, is to be administered to all students during the fall semester of the ninth grade. The secretary of education and the arts, thechancellors of the board of trustees and the board of directors, and the state superintendent of schools shall submit a joint report outlining their findings to the governor and the legislative oversight commission on education accountability by the first day of December, one thousand nine hundred ninety-three.
§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 their educational 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 collegedegrees, 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. The delivery system 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 curriculum course work 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 educationalgoals. 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 is responsible for establishing a three-year pilot program consisting of several sites within the state for the delivery of educational programs consistent with 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 contract with the appropriate governing board for the regionally-accredited institutions to offer the courses. The contracts shall specify 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, the institutions in the state willing to enroll the student participants, the collection of tuition and fees, a method for accounting for the funds collected and expended, and other issues relevant to program administration. During the 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, ifcontinued, 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 forpost-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 ofbudget 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 outside of 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, nolater 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 work force 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 frame normally associated with program completion, that the needs of nontraditional college age students are appropriately addressed, and that core course work 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 ininstitutional 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 otherwise employed 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 yearas 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.
(19) The governing boards shall have the power and authority to enter into contracts or consortium agreements with the public schools, private schools or private industry to provide technical, vocational, college preparatory, remedial, and customized training courses at locations either on campuses of public institutions of higher education or at off-campus locations in such institutions' regional educational service areas. To accomplish this goal, the boards are permitted to share resources among the various groups in the community. The governing boards shall promulgate uniform legislative rules providing for entering into said contracts and consortium agreements and for determining and granting credit for work experience for courses offered by the consortium.
(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 highereducation, 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 delegation shall 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.
(c) The governing boards shall promulgate uniform legislative rules by the first day of September, one thousand nine hundred ninety-three, setting forth standards for acceptance of advanced placement credit for their respective institutions. Individual departments at institutions of higher education may, upon approval of the institutional faculty senate, require higher scores on the advanced placement test than scores designated by the appropriate governing board when the credit is to be used toward meeting a requirement of the core curriculum for a major in that department.
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. 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 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-year associate degree, continuing education, work force 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, provideprofessional 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. 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 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 in more 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 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.
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 college established, 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 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 suchgovernmental 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 such facilities, 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. Beginning with fiscal year one thousand nine hundred ninety-four, the governing boards shall effect an equalization of the institutional state funding differences calculated by the resource allocation model at tenpercent per year over a ten year period until such time as the percentage of institutional differences as determined by the resource allocation model are equalized. After the ten year phase-in period, all appropriations to the institutional control accounts of the respective governing boards shall be allocated to their respective institutions proportional to such amounts as are indicated by application of the resource allocation model: 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 the institution'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 specifically authorized for a spending unit under the jurisdiction of the governing boards subject to the following conditions:
(1) The president, or other administrative head of a state institution of higher education submits a written request to the appropriate governing board. The appropriate governing board approves the request for such a transfer and submits a writtenrequest for such a transfer to the secretary of education and the arts. The legislative auditor and the legislative oversight commission on education accountability are to be furnished a copy of the request;
(2) The secretary of education and the arts, after consultation with the appropriate governing board, 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 be accompanied by a pledge to replace such funds in the original accounts within ninety days: Provided, That in no event shall the transfer extend beyond the end of that fiscal year in which said transfer occurs;
(4) Not more than ten percent of the total allocation or appropriation in any general revenue account of a stateinstitution 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; and
(6) 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 its governing 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) subdivisions (1) and (2) of this section to transfer such excess balances into a special efficiency surplus revolving fund which shall becreated 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) subdivisions (3), (4), and (5) of this section shall not apply to transfers to the efficiency surplus revolving fund: Provided, further, That the restriction set forth in subsection (a) subdivision (6) 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 ofhigher 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 all acquisitions 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 buyer pursuant 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 accreditedcollege 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, 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 everycalendar month.
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 joinas 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 four may 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 this section upon presentation of an itemized sworn statement thereof. All expenses incurred by the board of advisors and theinstitution 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 may comment 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-operative programs; to communicate better 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.
(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; distribution of nonclassified administrative salary increases.

(a) 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.
Funds shall be 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, plus 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.
(c) Funds shall be appropriated for faculty salary increases in fiscal year one thousand nine hundred ninety-five. 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 fifteen hundred dollars, plus 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.
(d) Funds shall be appropriated for faculty salary increases in fiscal year one thousand nine hundred ninety-six. 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 fifteen hundred dollars, plus 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.
(e) Funds shall be appropriated for salary increases for nonclassified administrative staff in fiscal year one thousand nine hundred ninety-four. With respect to funds appropriated, the governing boards shall grant an across-the-board salary increase of two thousand dollars plus benefits for each full-time member of the nonclassified administrative staff; in fiscal year one thousand nine hundred ninety-five, the governing boards shall grant an across-the-board salary increase of one thousand five hundred dollars plus benefits for each full-time member of the nonclassified administrative staff; and in fiscal year one thousand nine hundred ninety-six, the governing boards shall grant an across-the-board salary increase of one thousand five hundred dollars plus benefits for each full-time member of the nonclassified administrative staff. For each of these fiscal years the pro-rated amount shall be granted for less than full-time employment.
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 January, 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 corresponding positions in institutions under both boards: Provided, That before implementing the classification system, each classified employee is given an opportunity in a public hearing setting to address decisions affecting his or her classification assignment and pay scale. The system of job classifications shall be submitted to the secretary of education and the arts for review and approval prior to implementation.
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 a salary schedule. 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 effectimmediately prior to the first day of July, one thousand nine hundred eighty-nine.
(b) Funds shall be appropriated for classified staff salary increases in fiscal year one thousand nine hundred ninety-four. With respect to funds appropriated, the governing boards shall grant an across-the-board salary increase of fifteen hundred dollars plus benefits for each full-time member of the classified staff, pro rated for less than full time employment.
(c) Funds shall be appropriated for classified staff salary increases. Beginning with the fiscal year one thousand nine hundred ninety-five 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 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 a level to result in an average increase in salary of seven hundred and fifty dollars plus benefits.
(d) Funds shall be appropriated for classified staff salary increases. In fiscal year one thousand nine hundred ninety-six, 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 isadopted 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 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 a level to result in an average increase in salary of seven hundred and fifty dollars plus benefits.
(e) The Legislature finds that an emergency situation exists and therefore, the governing boards are hereby authorized to establish by emergency rule, under the procedures of article three-a, chapter twenty-nine-a of this code, a rule to implement the provisions of this article, after approval by the legislative oversight commission on education accountability, which shall receive said proposed rule by the first day of November, one thousand, nine hundred ninety-three. Upon approval of such emergency rule by the legislative oversight commission on education accountability, and the effective date of the implementation of said rule, the salary schedule set out in section three of this article shall be deemed null and void and with the force and effect of law. Any other provisions of this article inconsistent with said rule shall be deemed null and void and without the force and effect of law. Any other provisions of this article inconsistent with said rule shall be deemed null and void upon lawful implementation of the rule.
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 a student'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 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 highereducation under their jurisdiction: Provided, further, That students enrolled in undergraduate courses offered at off-campus locations shall pay an off-campus instruction fee and shall not pay the athletic fee and the student activity fee. The off-campus instruction fee shall be used solely for the support of off-campus courses offered by the institution. Off-campus locations for each institution shall be defined by the appropriate governing board. The schedule of all 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 an institution 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. Anymoneys 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 fewer than twelve credit hours in a regular term shall have their fees reduced pro rata based upon one-twelfth of the full-time rate per credit hour, and graduate students taking fewer than nine credit hours in a regular term shall have their fees reduced pro rata based upon one-ninth of the full-time rate per credit hour.
Fees for students enrolled in summer terms or other nontraditional time periods shall be prorated based upon the number of credit hours for which the student enrolls in accordance with the above provisions.
(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 acceptanceof 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 legislative rules regarding the refund of any fees upon the voluntary or involuntary withdrawal from classes of any student which rules shall comply with all applicable state and federal law and shall be uniformly applied throughout the systems.
(f) The governing boards shall establish legislative 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) In addition to the fees mentioned in the preceding subsections, each institutional board of advisors may impose, collect and distribute a fee to be used to finance a non-profit, student-controlled public interest research group: Provided, That the students at such institution demonstrate support for the increased fee.
§18B-10-14. Book Stores.

The appropriate governing board of each state institution of higher education shall have the authority to establish and operate a book store at the institution. The book store shall beoperated 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 book store 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 book store.
Each governing board shall also ensure that book stores operated at institutions under its jurisdiction meet the additional objective of minimizing the costs to students of purchasing textbooks by adopting policies which may require the repurchase and resale of textbooks on an institutional or a statewide basis and provide for the use of certain basic textbooks for a reasonable number of years.
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 timeto time change the amount of the revolving fund necessary for the proper and efficient operation of each book store.
Moneys derived from the operation of the book store 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 book store 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 book store in the university center at Marshall University. Until such quarters for housing the book store 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 book store.

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