COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 67
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
____________
[Originating in the Committee
on Finance;
reported March 7, 1997.]
____________
A BILL to repeal section four, article two, chapter eighteen-b of
the code of West Virginia, one thousand nine hundred thirty- one, as amended; to amend and reenact sections two and
eight-b, article one of said chapter; and to amend and
reenact sections two, three and four, article six of said
chapter, all relating to restructuring the Marshall
university graduate school and the West Virginia graduate
college into the West Virginia graduate college of Marshall
university; providing definitions; repealing the
establishment of the West Virginia graduate college;
providing for the adoption and review of policies,
procedures, programs and standards; providing legislative
intent with respect to impact on fund allocations and strategic plans; and providing for election of member to
governing body advisory councils of faculty, students and
classified staff by the South Charleston campus of the
graduate college and by the regional campus of West Virginia
university.
Be it enacted by the Legislature of West Virginia:
That section four, article two, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that sections two and eight-b, article one
of said chapter be amended and reenacted; and that sections two,
three and four, article six of said chapter be amended and
reenacted, all 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
in this section 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 may 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 of the board;
(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 program"
means any college-level course or program beyond the high school
level provided
through by 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 that 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 includes
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 of the board;
(q) "University", "university of West Virginia" and "state
university system" means the multicampus, 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 West Virginia graduate college
of Marshall
university; and the West Virginia school of osteopathic medicine:
Provided, That the university board of trustees, after
appropriate study, may recommend to the Legislature a new name
for the West Virginia graduate college of Marshall university;
(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
the
"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
the "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.
§18B-1-8b. West Virginia graduate college of Marshall
university.
(a) Notwithstanding any other provisions of this code to the
contrary, the West Virginia graduate college shall cease to be an
individual higher education institution, as defined by subsection
(h), section two, article one of this chapter and shall be merged
and consolidated with Marshall university, effective the first
day of July, one thousand nine hundred ninety-seven.
(b) The Legislature recognizes that the procedures,
policies, rules and practices for the operation of the graduate
programs may have been different at Marshall university and the
West Virginia graduate college. The board of trustees
is hereby
directed to shall establish procedures, policies, rules and
practices for the operation of the graduate programs of the West
Virginia graduate college of Marshall university. In developing
these procedures, policies, rules and practices, the board of
trustees should consider but not be bound by the traditions of
Marshall university, the flexibility of the West Virginia graduate college and the multiple missions of the two
institutions. Nothing
herein in this section shall be
interpreted to abrogate the power or responsibility of the board
of trustees to approve and review graduate programs offered
within the university system, nor to limit the statewide mission
of West Virginia university or any other institution.
(c) Nothing contained
herein in this section shall be
interpreted to authorize the provision or expansion of any four- year programs offered by Marshall university to any sites
formerly offering graduate school courses by the West Virginia
graduate college.
(d) It is the intent of the Legislature that the program
review and approval process for campus offerings for graduate
education by the graduate college of Marshall university be
separate and distinct from the process for the approval of
undergraduate education program offerings.
(e) It is the Legislature's intent that, through the fiscal
year two thousand-- year beginning the first day of July, two
thousand
one, the proportionate share of the funds which would
have been generated by the board of trustees resource allocation
policy for the West Virginia graduate college shall be allocated
to the West Virginia graduate college of Marshall university. It
is further the intent of the Legislature that the merger and
consolidation of West Virginia graduate school and Marshall
university shall not result in any financial gain or loss to the board of trustees or any institution within the university system
in the appropriation decisions by the Legislature.
(f) It is the intent of the Legislature that Marshall
university and the West Virginia graduate college of Marshall
university each receive any increase in state appropriated funds
for the higher education efficiency fund for the fiscal year
beginning the first day of July, one thousand nine hundred
ninety-seven,
set out as provided for in section one-c, article
one of this chapter, and further, that they shall not be denied
any
increases moneys from the fund because of the need for
changes in their strategic plans necessitated by the merger and
consolidation of the two institutions:
Provided, That Marshall
university shall prepare a revised strategic plan and submit it
to the board of trustees for approval by the first day of
November, one thousand nine hundred ninety-seven.
(g) Each valid agreement, obligation or claim entered into
or incurred by the board of trustees on behalf of the West
Virginia graduate college
is hereby shall be undertaken by the
board of trustees on behalf of Marshall university.
ARTICLE 6. ADVISORY COUNCILS OF FACULTY.
§18B-6-2. Advisory councils of faculty.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an
advisory council of faculty.
During the month of April of each even-numbered year, each
president or other administrative head of a state institution of
higher education, including Potomac state college of West
Virginia university, West Virginia university at Parkersburg,
and
West Virginia university institute of technology
and the South
Charleston campus of the West Virginia graduate college of
Marshall university, at the direction of the councils and in
accordance with procedures established by the councils, shall
convene a meeting or otherwise institute a balloting process to
elect one faculty to serve on the appropriate governing board's
advisory council of faculty, which shall consist of one faculty,
so elected, from each
such institution under the appropriate
governing board. Terms of the members of each council shall be
for two years and shall begin on the first day of July of each
even-numbered year and members of each advisory council
shall be
are eligible to succeed themselves.
The advisory councils of faculty shall meet at least once
each quarter. One of the quarterly meetings shall be
held during
the month of July,
at which meeting each council shall elect when
a chairman
shall be elected, who shall be by virtue of the office
a voting member of the appropriate governing board:
Provided,
That the chairman shall serve no more than two consecutive terms.
No member may vote by proxy at
such the election. In the event
of a tie in the last vote taken for
such the election, a member authorized by the council shall select the chairman by lot from
the names of those persons tied. Immediately following the
election of a chairman, each council shall elect, in the manner
prescribed by this section for the election of a chairman, a
member of that council to preside over meetings of the council in
the chairman's absence.
Should If the chairman
vacate vacates
the position, the council shall meet and elect a new chairman to
fill the unexpired term within thirty days following
such the
vacancy.
In electing the chairman of the advisory council for
the board of trustees, West Virginia university and its regional
campuses shall have a total of two votes, which shall be cast for
one individual, and the elected representatives from Marshall
university, the West Virginia graduate college, and West Virginia
school of osteopathic medicine shall have one vote per school.
Each advisory council of faculty, through its chairman and
in any other appropriate manner, shall consult and advise its
governing board in matters of higher education in which the
faculty members may have an interest.
Members of each advisory council shall serve without
compensation, but
shall be are entitled to reimbursement for
actual and necessary expenses incurred in the performance of
their official duties from funds allocated to the state
institution of higher education served.
Each governing board shall furnish secretarial services to
its advisory council of faculty, and each advisory council shall cause to be prepared minutes of its meetings, which
minutes shall
be available, upon request, to any faculty member of a state
institution of higher education represented on the council.
Such
The minutes shall be forwarded to the advisory council of faculty
serving the other governing board.
§18B-6-3. Advisory councils of students.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an
advisory council of students.
The student government organization at each state
institution of higher education shall elect a student, who may be
the elected head or president of
such the organization, to serve
on the appropriate governing board's advisory council of
students, which are hereby created, consisting of the elected
representatives of each institution under the appropriate
governing board:
Provided, That the student government
organization at each institution in the university system,
including Potomac state college of West Virginia university, West
Virginia university at Parkersburg,
and West Virginia university
institute of technology
and the South Charleston campus of the
West Virginia graduate college of Marshall university, shall
elect one student per three thousand students enrolled at each
institution with a minimum of one representative from each
institution. The student government of each institution shall determine how its representatives
shall be are elected. Terms of
the members of
such the council councils shall be are for one
year
and shall begin beginning on the first day of May of each
year, and members of the advisory councils
shall be are eligible
to succeed themselves.
Each institution shall have only one vote in all matters.
The advisory councils of students shall meet at least once each
quarter, and shall meet during each month of June, at which
meeting each council shall elect a chairman, who prior to
such
the elections must be entitled to vote in the state of West
Virginia. By virtue of the office, the chairman
shall be is a
voting member of the appropriate governing board. No member may
vote by proxy at
such the election. In the event of a tie in the
last vote taken for
such the election, a member authorized by the
council shall select the chairman by lot from the names of those
persons tied. Immediately following the election of a chairman,
each council shall elect, in the manner prescribed by this
section for the election of a chairman, a member of that council
to preside over meetings of the council in the chairman's
absence.
Should If the chairman
vacate vacates the position, the
council shall meet and elect a new chairman to fill the unexpired
term within thirty days following
such the vacancy.
In electing
the chairman of the advisory council for the board of trustees,
West Virginia university and its regional campuses shall have a
total of two votes, which shall be cast for one individual, and the elected representatives from Marshall university, the West
Virginia graduate college, and West Virginia school of
osteopathic medicine shall have one vote per school.
Each advisory council of students, through its chairman and
in any other appropriate manner, shall consult and advise its
governing board in matters of higher education in which the
students may have an interest.
Members of each advisory council shall serve without
compensation, but
shall be are entitled to reimbursement for
actual and necessary expenses incurred in the performance of
their official duties from funds allocated to the state
institution of higher education
served which they serve.
Each governing board shall furnish secretarial services to
its advisory council of students, and each advisory council shall
cause to be prepared minutes of its meetings, which minutes shall
be available, upon request, to any student of a state institution
of higher education represented on the council.
Such The minutes
shall be forwarded to the advisory council of students serving
the other governing board.
§18B-6-4. Advisory councils of classified employees.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an
advisory council of classified employees.
During the month of April of each even-numbered year, each president or other administrative head of a state institution of
higher education, including Potomac state college of West
Virginia university, West Virginia university at Parkersburg,
and
West Virginia university institute of technology
and the South
Charleston campus of the West Virginia graduate college of
Marshall university, at the direction of the councils and in
accordance with procedures established by the councils, shall
convene a meeting or otherwise institute a balloting process to
elect one classified employee to serve on the appropriate
governing board's advisory council of classified employees, which
shall consist of one classified employee,
so elected, from each
such institution under the appropriate governing board. Terms of
the members of
such the councils
shall be are for two years
and
shall begin beginning on the first day of July of each
even-numbered year, and members of the advisory councils
shall be
are eligible to succeed themselves. For the purpose of this
section the term "institution of higher education" includes the
facilities and staff supervised by the senior administrator
employed by the governing boards, who
shall be deemed is a part
of the state college system, and the West Virginia network for
telecomputing, who
shall be deemed is a part of the state
university system.
Each advisory council of classified employees shall meet at
least once each quarter. One of the quarterly meetings shall be
during the month of July, at which meeting each council shall elect a chairman, who shall be by virtue of the office a voting
member of the appropriate governing board:
Provided, That the
chairman shall serve no more than two consecutive terms:
Provided, however, That the board of directors' advisory council
for classified employees' chairman
shall may not be a member of
the staff supervised by the central administrative official. No
member may vote by proxy at
such the election. In the event of
a tie in the last vote taken for
such the election, a member
authorized by the council shall select the chairman by lot from
the names of those persons tied. Immediately following the
election of a chairman, each council shall elect, in the manner
prescribed by this section for the election of a chairman, a
member of the council to preside over meetings of the council in
the chairman's absence.
Should If the chairman
vacate vacates
the position, the council shall
meet and elect a new chairman to
fill the unexpired term within thirty days following
such the
vacancy.
In electing the chair of the advisory council for the
board of trustees, West Virginia university and its regional
campuses shall have a total of two votes, which shall be cast for
one individual, and the elected representatives from Marshall
university, the West Virginia graduate college, the West Virginia
network for telecomputing and West Virginia school of osteopathic
medicine shall have one vote per school.
Each advisory council of classified employees, through its chairman and in any other appropriate manner, shall consult and
advise its governing board in matters of higher education in
which the classified employees may have an interest.
Members of each advisory council shall serve without
compensation, but
shall be are entitled to reimbursement for
actual and necessary expenses incurred in the performance of
their official duties from funds allocated to the state
institution of higher education
served which they serve.
Each governing board shall furnish secretarial services to
its advisory council of classified employees, and each advisory
council shall cause to be prepared minutes of its meetings, which
minutes shall be available, upon request, to any classified
employee of a state institution of higher education represented
on the council.
Such The minutes shall be forwarded to the
advisory council of classified employees serving the other
governing board.
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