ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 472
(By Senator Prezioso)
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[Originating in the Committee on Education;
reported April 2, 1997.]
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A BILL to amend and reenact section two, article one, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section six, article four of said chapter, all relating to
the Marshall university graduate college; giving state
institutions of higher education discretion to order a
person alleged to have parked or operated a vehicle in
violation of the rules and who fails to appear before a
designated official within ten days to appear before a
magistrate; increasing the maximum fine for handicap
violations; allowing a college or university to utilize
academic restrictions in lieu of the court system; and
expanding situations in which a vehicle parked on any college or university campus may be removed.
Be it enacted by the Legislature of West Virginia:
That section two, article one, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section six, article
four of said chapter be amended and reenacted, to read as
follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code shall have the meaning hereinafter
ascribed to them unless the context clearly indicates a different
meaning:
(a) "Governing board" or "board" means the university of West
Virginia board of trustees or the board of directors of the state
college system, whichever is applicable within the context of the
institution or institutions referred to in this chapter or in
other provisions of law;
(b) "Governing boards" or "boards" means both the board of
trustees and the board of directors;
(c) "Freestanding community colleges" means southern West
Virginia community and technical college and West Virginia
northern community and technical college, which shall not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges,
community and technical education programs of regional campuses
of West Virginia university and divisions of state institutions
of higher education which have a defined community and technical
college district and offer community and technical college
education in accordance with the provisions of section three-a,
article three of this chapter;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in
section three-a, article three of this chapter, and also shall
include post-secondary vocational education programs in the state
as those terms are defined in this section. Community and
technical college education shall be delivered through a system
which includes eleven community and technical college districts
assigned to state institutions of higher education under the
jurisdiction of the board of directors and the board of trustees,
respectively;
(g) "Directors" or "board of directors" means the board of
directors of the state college system created pursuant to article
three of this chapter or the members thereof;
(h) "Higher educational institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Post-secondary vocational education programs" means any
college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of directors;
(j) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(k) "Senior administrator" means the person hired by the
governing boards in accordance with section one, article four of
this chapter, with such powers and duties as may be provided for
in section two of said article;
(l) "State college" means Bluefield state college, Concord
college, Fairmont state college, Glenville state college,
Shepherd college, West Liberty state college or West Virginia
state college;
(m) "State college system" means the state colleges and
community and technical colleges, and also shall include post- secondary vocational education programs in the state as those
terms are defined in this section;
(n) "State college system community and technical colleges"
means the freestanding community and technical colleges and
community and technical colleges operated on the campuses of state colleges under the jurisdiction of the board of directors
of the state college system and all of their associated branches,
centers and off-campus locations;
(o) "State institution of higher education" means any
university, college or community and technical college in the
state university system or the state college system as those
terms are defined in this section;
(p) "Trustees" and "board of trustees" means the university of
West Virginia board of trustees created pursuant to article two
of this chapter or the members thereof;
(q) "University", "university of West Virginia" and "state
university system" means the multi-campus, integrated university
of the state, consisting of West Virginia university, including
West Virginia university at Parkersburg, Potomac state college of
West Virginia university, West Virginia university institute of
technology and the West Virginia university school of medicine;
Marshall university, including the Marshall university school of
medicine and the Marshall university community and technical
college; the graduate college of Marshall university; and the
West Virginia school of osteopathic medicine;
(r) "University system community and technical colleges" means
Marshall university community and technical college, community
and technical education programs at West Virginia university at
Parkersburg, community and technical education programs at
Potomac state college of West Virginia university and West Virginia university institute of technology community and
technical college under the jurisdiction of the university of
West Virginia board of trustees and all their associated
branches, centers and off-campus locations; and
(s) "Regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university
and West Virginia university institute of technology. The chief
executive officer of a regional campus shall be known as "campus
president", shall serve at the will and pleasure of the president
of West Virginia university, and shall report to the president of
West Virginia university or his or her designee in the method
specified by West Virginia university. The board of advisors for
West Virginia university established pursuant to section one,
article six of this chapter shall serve as the advisory board for
West Virginia university and its regional campuses. The advisory
boards previously appointed for each regional campus shall be
known as "Boards of Visitors" and shall provide guidance to the
regional campus presidents. Each regional campus shall adopt
separate strategic plans required by section one-c of this
article.
(t) "Academic restrictions" means withholding the grades of a
student at the end of a semester, withholding the transcript of
a student, prohibiting a student from registering the next
semester or any combination of the three; and (u) "Habitual violator" means a person who has received five or more citations within the last year.
(v) The advisory board previously appointed for the West
Virginia graduate college shall be known as the "Board of
Visitors" and shall provide guidance to Marshall university
graduate college.
ARTICLE 4. GENERAL ADMINISTRATIONS.
§18B-4-6. Acquisition, operation and regulation of parking areas
and facilities at state institutions of higher education;
regulation of parking, speed and flow of traffic on campus
roads and driveways; civil and criminal penalties; disposition
of revenue.
(a) The governing boards are hereby authorized to construct,
maintain and operate automobile parking facilities or areas upon
any premises owned or leased at any state institution of higher
education under their jurisdiction for use by students, faculty,
staff and visitors. The governing boards may charge fees for use
of the parking facilities or areas under their control. All
moneys collected for the use of the parking facilities or areas
shall be paid to the credit of the state institution of higher
education at which the fees were charged into a special fund
which is hereby created in the state treasury. The moneys in the
fund shall be used first to pay the cost of maintaining and
operating the parking facilities or areas, but any excess not
needed for this purpose may be used for the acquisition of
property by lease or purchase and the construction thereon on the property of additional parking facilities or areas. Any money in
the fund not needed immediately for the acquisition,
construction, maintenance or operation of the parking facilities
or areas may be temporarily invested by the governing boards with
the state board of investments to the credit of the state
institution of higher education at which the fees were charged.
(b) Notwithstanding any other motor vehicle or traffic law
or regulation to the contrary, the respective board is governing
boards are hereby authorized to regulate and control at any state
institution of higher education under their jurisdiction the
speed, flow and parking of vehicles on campus roads, driveways
and parking facilities or areas. Rules for this purpose shall be
promulgated by the governing boards in the manner prescribed in
chapter twenty-nine-a of this code and when so promulgated shall
have the force and effect of law. In each parking facility or
area a summary of the rules governing the use of the facility or
area including, but not limited to, the availability of temporary
parking permits and where same the temporary parking permits may
be obtained, and of the penalties which may be imposed for
violations of the rules shall be conspicuously posted. Along
each campus road and driveway, notice signs pertaining to the
speed of vehicles, spaces available for parking, directional flow
of traffic and penalties which may be imposed for violations of
the rules shall be conspicuously posted.
(c) Any person parking any vehicle or operating any vehicle in violation of the rules shall be issued a citation describing
the offense charged and ordering an appearance within ten days,
excluding Saturdays, Sundays and holidays observed by the college
or university, before a designated official of the state
institution of higher education and, if the person cited fails to
appear within said ten days, the state institution of higher
education may order ordering an appearance before a magistrate
located in the county in which the state institution of higher
education is located or before the judge of the municipal court,
if the state institution of higher education is located within a
municipality having such an official.
The designated official of the state institution of higher
education shall have exclusive jurisdiction of the offense until
the offense is forwarded to the magistrate court. during the
ten-day period. Any person so cited may plead no contest to the
offense and, by so pleading, shall be subject to a civil penalty
to be determined uniformly by the designated official and
commensurate with the severity of the parking offense in an
amount of not more than ten dollars for each offense as partial
reimbursement for the parking offense, except for handicap
violations which will not exceed one hundred dollars. The
penalty for traffic and speeding offenses shall be commensurate
with the severity of the offense in an amount of not more than
ten dollars for each traffic or speeding offense. These funds
shall be used to reimburse to the state institution of higher education for the cost of regulating traffic and parking. Moneys
derived from civil penalties imposed herein by this section shall
be deposited in the special fund in the state treasury created by
this section and credited to the state institution of higher
education at which the penalty was paid.
Upon the expiration of the ten days, or Upon a pleading of
not guilty before the designated official of the state
institution of higher education or upon referral from the state
institution of higher education, within the ten days, the
magistrate or judge of the municipal court shall have
jurisdiction of the offense, and any person cited under the
provisions of this section, upon a finding of guilty by the
magistrate or municipal judge, shall be subject to a fine of not
less than ten dollars nor more than twenty dollars for each
offense, the amount to be commensurate with the severity of the
offense. The state institution of higher education may utilize
academic restrictions in lieu of the court system for students
enrolled at their institution.
Each designated official of the state institution of higher
education presiding over a case under the provisions of this
section shall keep or cause to be kept a record of every citation
which alleges a violation of such these provisions, or the rules
promulgated in accordance therewith, with these provisions, and
shall keep a record of every official action in reference thereto
to these provisions including, but not limited to, a record of every plea of no contest, conviction or acquittal of the offense
charged and the amount of the fine or of the civil penalty
resulting from each citation.
(d) Whenever a vehicle is parked on any state institution of
higher education campus road, driveway or parking facility or
area in a manner which violates posted rules and substantially
impedes the flow of traffic or endangers the health and safety,
or the vehicle is owned or operated by one who habitually
violates posted regulations or operator or owner of a vehicle
cannot be determined, the institution may, in addition to the
issuing of a citation and subsequent procedures set forth herein
in this section, remove the vehicle, by towing or otherwise, to
an area owned by the institution or areas designated for this
purpose. The vehicle, having been towed to the designated area
or areas, may be rendered immovable by use of locking wheel
blocks or other device not damaging to the vehicle. The state
institution of higher education shall maintain any vehicle so
towed in the same condition as it was immediately prior to being
towed, but shall not be liable for any damage to a vehicle towed
to, or kept in, a designated area pursuant to the provisions of
this section. The state institution of higher education shall
pay for the cost of removing the vehicle and shall have a right
to reimbursement from the owner for this cost and for the
reasonable cost of keeping the vehicle in the designated area.
Until payment of these costs, the state institution of higher education may retain possession of the vehicle, and the
institution shall have a lien on the vehicle for the amount due.
The state institution of higher education may enforce this lien
in the manner provided in section fourteen, article eleven,
chapter thirty-eight of this code for the enforcement of other
liens.
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