H. B. 101
(By Mr. Speaker, Mr. Kiss, and Delegates Michael,
Mezzatesta, Williams, Doyle, Leach and Tabb)
[Introduced on March 21, 2004]
A BILL to
repeal §18B-10-3, §18B-10-4a and §18B-10-10 of the code
of West Virginia, 1931, as amended;
to amend and reenact
§18B-5-4 of said code; to amend said code by adding thereto a
new section, designated §18B-9-2a; to amend and reenact
§18B-10-1, §18B-10-2, §18B-10-4, §18B-10-4b, §18B-10-5,
§18B-10-6, §18B-10-7a, §18B-10-8, §18B-10-9, §18B-10-11,
§18B-10-12, §18B-10-13, §18B-10-14 and §18B-10-15 of said
code; to amend said code by adding thereto a new section,
designated §18B-10-1b; and to amend and reenact §18C-3-1 of
said code;
all relating to fees collected and moneys expended
by state institutions of higher education; tuition and fee
simplification for public higher education; clarifying
authority of the West Virginia council for community and
technical college education related to community and technical
college tuition and fees; repealing obsolete language;
expanding certain purchasing authority; modifying certain
purchasing procedures; expanding certain employee classifications; creating classifications of fees; authorizing
deferred payment plans for students; requiring maintenance of
support for certain instructional and student activities;
clarifying authority of commission to enter into trust
agreements; clarifying purposes for which fees may be used;
deleting certain restrictions on bookstore sales; clarifying
certain tuition and fee waiver provisions; and clarifying
terms and conditions for the health education student loan
program.
Be it enacted by the Legislature of West Virginia:
That §18B-10-3, §18B-10-4a and §18B-10-10 of the code of West
Virginia, 1931, as amended, be repealed;
that §18B-5-4 of said code
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §18B-9-2a; that §18B-10-1,
§18B-10-2, §18B-10-4, §18B-10-4b, §18B-10-5, §18B-10-6,
§18B-10-7a, §18B-10-8, §18B-10-9, §18B-10-11, §18B-10-12,
§18B-10-13, §18B-10-14 and §18B-10-15 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-10-1b; and that §18C-3-1 of said code be
amended and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment, services and printing.
(a) The council,
commission and each governing board, through the vice chancellor for administration, shall purchase or acquire
all materials, supplies, equipment, services and printing required
for that governing board or the council or commission, as
appropriate, and the state institutions of higher education under
their jurisdiction. The commission and council jointly shall adopt
rules governing and controlling acquisitions and purchases in
accordance with the provisions of this section. The rules shall
assure that the council, commission and governing boards:
(1) Do not preclude any person from participating and making
sales thereof to the governing board or to the council or
commission except as otherwise provided in section five of this
article. Provision of consultant services such as strategic
planning services will not preclude or inhibit the governing
boards, council or commission from considering any qualified bid or
response for delivery of a product or a commodity because of the
rendering of those consultant services;
(2) Establish and prescribe specifications, in all proper
cases, for materials, supplies, equipment, services and printing to
be purchased;
(3) Adopt and prescribe such purchase order, requisition or
other forms as may be required;
(4) 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) Advertise for bids on all purchases exceeding twenty-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;
(6) Post notices of all acquisitions and purchases for which
competitive bids are being solicited in the purchasing office of
the specified institution involved in the purchase, at least two
weeks prior to making such purchases and ensure that the notice is
available to the public during business hours;
(7) Provide for purchasing in the open market;
(8) Provide for vendor notification of bid solicitation and
emergency purchasing;
(9) Provide that competitive bids are not required for
purchases of twenty-five thousand dollars or less; and
(10) Provide for not fewer than three bids where bidding is
required. If fewer than three bids are submitted, an award may be
made from among those received.
(b) The council, commission or each governing board, through
the vice chancellor for administration, may issue a check in
advance to a company supplying postage meters for postage used by
that board, the council or commission and by the state institutions
of higher education under their jurisdiction.
(c) When a purchase is to be made by bid, 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, council or commission and
delivery terms. The preference for resident vendors as provided in
section thirty-seven, article three, chapter five-a of this code
apply to the competitive bids made pursuant to this section.
(d) The governing boards, council and commission 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, council and commission 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. A
record in the purchase file may not be destroyed without the
written consent of the legislative auditor. Those files in which
the original documentation has been held for at least one year and
in which the original documents have been reproduced and archived
on microfilm or other equivalent method of duplication may be
destroyed without the written consent of the legislative auditor.
All files, no matter the storage method, shall be open for
inspection by the legislative auditor upon request.
(e) The commission and council also jointly shall adopt rules
to prescribe qualifications to be met by any person who is to be
employed as a buyer pursuant to this section. These rules shall
require that a person may not be employed as a buyer unless that person, at the time of employment, either is:
(1) A graduate of an accredited college or university; or
(2) Has at least four years' experience in purchasing for any
unit of government or for any business, commercial or industrial
enterprise.
(f) 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 this section and sections five through eight,
inclusive, of this article and the rules of the governing board and
the council and commission. In lieu of separate bonds for such
buyers, a blanket surety bond may be obtained. Any such bond shall
be filed with the secretary of state. The cost of any such bond
shall be paid from funds appropriated to the applicable governing
board or the council or commission.
(g) 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. Notwithstanding any other provision
of this code to the contrary, only those purchases exceeding the
dollar amount for competitive sealed bids in this section are required to be encumbered and they may be entered into the state's
centralized accounting system by the staff of the commission,
council or governing boards to satisfy the requirements of article
two, chapter five-a, and specifically sections twenty-six,
twenty-seven and twenty-eight of said article two, to determine
whether the amount of the purchase is within the commission's,
council's or governing board's quarterly allotment, is in
accordance with the approved expenditure schedule, and otherwise
conforms to the provisions of article two, chapter five-a of this
code.
(h) The governing boards, council and commission may make
requisitions upon the auditor for a sum to be known as an advance
allowance account, not to exceed five percent of the total of the
appropriations for the governing board, council or commission, and
the auditor shall draw a warrant upon the treasurer for such
accounts. All advance allowance accounts shall be accounted for by
the applicable governing board or the council or commission once
every thirty days or more often if required by the state auditor.
(i) Contracts entered into pursuant to this section shall be
signed by the applicable governing board or the council or
commission in the name of the state and shall be approved as to
form by the attorney general. A contract which requires approval
as to form by the attorney general is considered approved if the
attorney general has not responded within fifteen days of
presentation of the contract. A contract or a change order for that contract and notwithstanding any other provision of this code
to the contrary, associated documents such as performance and
labor/material payments, bonds and certificates of insurance which
use terms and conditions or standardized forms previously approved
by the attorney general and do not make substantive changes in the
terms and conditions of the contract do not require approval by the
attorney general. The attorney general shall make a list of those
changes which he or she deems to be substantive and the list, and
any changes thereto, shall be published in the state register. A
contract that exceeds fifteen thousand dollars the dollar amount
requiring competitive sealed bids in this section shall be filed
with the state auditor. If requested to do so, the governing
boards, council or commission shall make all contracts available
for inspection by the state auditor. The governing board, council
or commission, as appropriate, 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.
(j) If the governing board, council or commission purchases or
contracts for materials, supplies, equipment, services and printing
contrary to the provisions of sections four through seven of this
article or the rules pursuant thereto, such purchase or contract is
void and of no effect.
(k) Any governing board or the council or commission, as
appropriate, may request the director of purchases to make available, from time to time, the facilities and services of that
department to the governing boards, council or commission in the
purchase and acquisition of materials, supplies, equipment,
services and printing and the director of purchases shall cooperate
with that governing board, council or commission, as appropriate,
in all such purchases and acquisitions upon such request.
(l) Each governing board or the council or commission, as
appropriate, shall permit private institutions of higher education
to join as purchasers on purchase contracts for materials,
supplies, services and equipment entered into by that governing
board or the council or commission. Any private school desiring to
join as purchasers on such purchase contracts shall file with that
governing board or the council or commission an affidavit signed by
the president of the institution of higher education or a designee
requesting that it be authorized to join as purchaser on purchase
contracts of that governing board or the council or commission, as
appropriate. The private school shall agree that it is bound by
such terms and conditions as that governing board or the council or
commission may prescribe and that it will be responsible for
payment directly to the vendor under each purchase contract.
(m) Notwithstanding any other provision of this code to the
contrary, the governing boards, council and commission, as
appropriate, may make purchases from cooperative buying groups,
consortia, the federal government or from federal government
contracts if the materials, supplies, services, equipment or printing to be purchased is available from cooperative buying
groups, consortia, the federal government or from a federal
contract and purchasing from the cooperative buying groups,
consortia, federal government or from a federal government contract
would be the most financially advantageous manner of making the
purchase.
(n) An independent performance audit of all purchasing
functions and duties which are performed at any institution of
higher education shall be performed each fiscal year. The joint
committee on government and finance shall conduct the performance
audit and the governing boards, council and commission, as
appropriate, are responsible for paying the cost of the audit from
funds appropriated to the governing boards, council or commission.
(o) The governing boards shall require each institution under
their respective jurisdictions to notify and inform every vendor
doing business with that institution of the provisions of section
fifty-four, article three, chapter five-a of this code, also known
as the "prompt pay act of 1990".
(p) Consultant services, such as strategic planning services,
may not preclude or inhibit the governing boards, council or
commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services.
(q) After the commission or council, as appropriate, has
granted approval for lease-purchase arrangements by the governing boards, a governing board may enter into lease-purchase
arrangements for capital improvements, including equipment. Any
lease-purchase arrangement so entered shall constitute a special
obligation of the state of West Virginia. The obligation under a
lease-purchase arrangement so entered may be from any funds legally
available to the institution and must be cancelable at the option
of the governing board or institution at the end of any fiscal
year. The obligation, any assignment or securitization thereof,
never constitutes an indebtedness of the state of West Virginia or
any department, agency or political subdivision thereof, within the
meaning of any constitutional provision or statutory limitation,
and may not be a charge against the general credit or taxing powers
of the state or any political subdivision thereof. Such facts
shall be plainly stated in any lease-purchase agreement. Further,
the lease-purchase agreement shall prohibit assignment or
securitization without consent of the lessee and the approval of
the attorney general of West Virginia. Proposals for any
arrangement must be requested in accordance with the requirements
of this section and any rules or guidelines of the commission and
council. In addition, any lease-purchase agreement which exceeds
one hundred thousand dollars total shall be approved by the
attorney general of West Virginia. The interest component of any
lease-purchase obligation is exempt from all taxation of the state
of West Virginia, except inheritance, estate and transfer taxes.
It is the intent of the Legislature that if the requirements set forth in the Internal Revenue Code of 1986, as amended, and any
regulations promulgated pursuant thereto are met, the interest
component of any lease-purchase obligation also is exempt from the
gross income of the recipient for purposes of federal income
taxation and may be designated by the governing board or the
president of the institution as a bank-qualified obligation.
(r) Notwithstanding any other provision of this code to the
contrary, the commission, council and governing boards have the
authority, in the name of the state, to lease, or offer to lease,
as lessee, any grounds, buildings, office or other space in
accordance with this paragraph and as provided below:
(1) The commission, council and governing boards have sole
authority to select and to acquire by contract or lease all
grounds, buildings, office space or other space, the rental of
which is necessarily required by the commission, council or
governing boards for the institutions under their jurisdiction.
The chief executive officer of the commission, council or an
institution shall certify the following:
(A) That the grounds, buildings, office space or other space
requested is necessarily required for the proper function of the
commission, council or institution;
(B) That the commission, council or institution will be
responsible for all rent and other necessary payments in connection
with the contract or lease; and
(C) That satisfactory grounds, buildings, office space or other space is not available on grounds and in buildings currently
owned or leased by the commission, council or the institution.
Before executing any rental contract or lease, the commission,
council or a governing board shall determine the fair rental value
for the rental of the requested grounds, buildings, office space or
other space, in the condition in which they exist, and shall
contract for or lease the premises at a price not to exceed the
fair rental value.
(2) The commission, council and governing boards are
authorized to enter into long-term agreements for buildings, land
and space for periods longer than one fiscal year but not to exceed
forty years. Any purchase of real estate, any lease-purchase
agreement and any construction of new buildings or other
acquisition of buildings, office space or grounds resulting
therefrom, pursuant to the provisions of this subsection shall be
presented by the policy commission or council, as appropriate, to
the joint committee on government and finance for prior review.
Any such lease shall contain, in substance, all the following
provisions:
(A) That the commission, council or governing board, as
lessee, has the right to cancel the lease without further
obligation on the part of the lessee upon giving thirty days'
written notice to the lessor at least thirty days prior to the last
day of the succeeding month;
(B) That the lease is considered canceled without further obligation on the part of the lessee if the Legislature or the
federal government fails to appropriate sufficient funds therefor
or otherwise acts to impair the lease or cause it to be canceled;
and
(C) That the lease is considered renewed for each ensuing
fiscal year during the term of the lease unless it is canceled by
the commission, council or governing board before the end of the
then-current fiscal year.
(3) The commission, council or institution which is granted
any grounds, buildings, office space or other space leased in
accordance with this section may not order or make permanent
changes of any type thereto, unless the commission, council or
governing board, as appropriate, has first determined that the
change is necessary for the proper, efficient and economically
sound operation of the institution. For purposes of this section,
a "permanent change" means any addition, alteration, improvement,
remodeling, repair or other change involving the expenditure of
state funds for the installation of any tangible thing which cannot
be economically removed from the grounds, buildings, office space
or other space when vacated by the institution.
(4) Leases and other instruments for grounds, buildings,
office or other space, once approved by the commission, council or
governing board, may be signed by the chief executive officer of
the commission, council or institution. Any lease or instrument
exceeding one hundred thousand dollars annually shall be approved as to form by the attorney general. A lease or other instrument
for grounds, buildings, office or other space that contains a term,
including any options, of more than six months for its fulfillment
shall be filed with the state auditor.
(5) The commission and council jointly may promulgate rules
they consider necessary to carry out the provisions of this
section.
(s) Purchasing card use may be expanded by the council,
commission and state institutions of higher education pursuant to
the provisions of this subsection.
(1) The council and commission jointly shall establish
procedures to be implemented by the council, commission and any
institution under their respective jurisdictions using purchasing
cards. The procedures shall ensure that each maintains:
(A) Appropriate use of the purchasing card system;
(B) Full compliance with the provisions of article three,
chapter twelve of this code relating to the purchasing card
program; and
(C) Sufficient accounting and auditing procedures for all
purchasing card transactions.
(2) By the first day of November, two thousand four, the
council and commission jointly shall present the procedures to the
legislative oversight commission on education accountability for
its adoption.
(3) Notwithstanding any other provision of this code to the contrary, if the legislative oversight commission on education
accountability adopts the procedures, the council, commission, and
any institution authorized pursuant to subdivision (4) of this
subsection, may use purchasing cards for:
(A) Travel expenses directly related to the job duties of the
traveling employee, including fuel and food; and
(B) Any routine, regularly-scheduled payment, including, but
not limited to, utility payments and real property rental fees.
The council, commission and each institution annually by the
thirtieth day of June, shall provide to the state purchasing
division a list of all goods or services for which payment was made
pursuant to this provision during that fiscal year.
(4) The commission and council each shall evaluate the
capacity of each institution under its jurisdiction for complying
with the procedures established pursuant to subdivision (3) of this
subsection. The commission and council each shall authorize
expanded use of purchasing cards pursuant to said subdivision (3)
for any such institution it determines has the capacity to comply.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-2a. Nonclassified employee limitation exemption.
The Legislature finds that the doctoral institutions, as
defined in section one, article eight of this chapter, have unique
staffing demands for their extensive research and doctoral
programs, and therefore require additional nonclassified staff. Each doctoral institution may exceed the percentage of
nonclassified employees authorized in section two, article nine of
this chapter by an additional five percent.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among such the tuition and
fees any one or more of the following as defined in section one-b
of this article:
(1) Health service fees Tuition and required educational and
general fees;
(2) Infirmary fees Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing system-wide and institutional debt
service and future systemwide and institutional debt service, capital projects and campus renewal for educational and general
facilities.
(4) Subject to any covenants or restrictions imposed with
respect to revenue bonds payable from such accounts, an institution
may expend funds from each such special revenue account for any
purpose for which funds were collected within that account
regardless of the original purpose for which the funds were
collected.
(3) (c) The purposes for which tuition and fees may be
expended include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular fees
activities. which fees Additionally, tuition and fees may be used
to finance a student's attorney to perform legal services for
students in civil matters at such the institutions: Provided, That
such the legal services shall be are limited only to those types of
cases, programs or services approved by the administrative head of
such the institution where such the legal services are to be
performed. and
(4) Graduate center fees and branch college fees, or either,
if the establishment and operations of graduate centers or branch
colleges are otherwise authorized by law.
(b) All fees collected at any graduate center or at any branch
college shall be paid into special funds and shall be used solely
for the maintenance and operation of the graduate center or branch
college at which they were collected The commission shall set tuition and fee goals for residents at each institution after
examining tuition and fees at the institutions' peers. Tuition and
fees for nonresident, undergraduate students shall, at a minimum,
cover actual instructional costs as determined in accordance with
commission policy. Students enrolled in undergraduate courses
offered at off-campus locations shall pay an off-campus instruction
fee and may not be required to pay the athletic fee and the student
activity fee
(d) The commission and council jointly shall propose a rule
for legislative approval in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to govern the
fixing, collection and expenditure of tuition and other fees.
(e) The Legislature finds that an emergency exists and,
therefore, the commission and council jointly shall file the rule
required by subsection (d) of this section as an emergency rule
pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code, subject to the prior approval of the
legislative oversight commission on education accountability.
(c) 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.
(f) The schedule of all tuition and fees, and any changes
therein, shall be entered in the minutes of the meeting of the
appropriate governing board and the board shall file with the commission or council, or both, as appropriate, and the legislative
auditor a certified copy of such schedule and changes.
(d) In addition to the fees mentioned in the preceding
paragraph, each governing board may impose and collect a student
union building fee. All such building fees collected at an
institution shall be paid into a special student union building
fund for such institution, which is hereby created in the state
treasury. Pursuant to the provisions of section ten of this
article, the fees shall be used only for the following purposes:
(1) The construction, operation and maintenance of a student
union building or a combination student union and dining hall
building;
(2) The payment of the principal of and interest on any bond
issued to finance part or all of the construction of a student
union building or a combination student union and dining hall
building; or
(3) The renovation of an existing structure for use as a
student union building or a combination student union and dining
hall building, all as more fully provided in section ten of this
article.
Any moneys in such funds not needed immediately for such
purposes may be invested in any such bonds or other securities as
are now or hereafter authorized as proper investments for state
funds.
(e) (g) The boards shall establish the rates to be charged full-time students, as defined in section one-b of this article,
who are enrolled during a regular academic term.
(1) For fee purposes, a full-time undergraduate student is one
enrolled for twelve or more credit hours in a regular term, and a
full-time graduate student is one enrolled for nine or more credit
hours in a regular term.
(2) (1) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour and
graduate students taking fewer than nine credit hours in a regular
term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(3) (2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the above provisions.
(f) (h) All fees are due and payable by the student upon
enrollment and registration for classes except as provided for in
this subsection:
(1) The governing boards shall permit fee payments to be made
in up to three installments over the course of the academic term.
All fees shall be paid prior to the awarding of course credit at
the end of the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally available to students for the payment of fees. The governing
boards may charge the students for the reasonable and customary
charges incurred in accepting credit cards and other methods of
payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code, defining conditions under which an
institution may offer tuition and fee deferred payment plans
through the institution or through third parties.
(5) An institution may charge interest or fees for any
deferred or installment payment plans.
(g) The rule related to assessment, payment and refund of fees
including refund of fees upon voluntary or involuntary withdrawal
from classes, shall comply with all applicable state and federal
laws and shall be uniformly applied throughout the system.
(h) (i) In addition to the other fees provided in this
section, each governing board may impose, collect and distribute a
fee to be used to finance a nonprofit, student-controlled public
interest research group if the students at the institution
demonstrate support for the increased fee in a manner and method established by that institution's elected student government. The
fee may not be used to finance litigation against the institution.
(i) (j)Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with a revised policy adopted by the respective governing boards
and approved the tuition rule proposed by the commission and
council jointly pursuant to this section. The revised tuition
policy rule shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
commission, council or both, as appropriate, a mandatory auxiliary
fee under the following conditions:
(A) The fee shall be approved by the commission, council or
both, as appropriate, and either the students below the senior
level at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the institution by the fees. and that amount shall be returned to
general revenue All state subsidies for the auxiliary services
shall cease five years from the date the mandatory auxiliary fee
was is implemented;
(E) The commission, council or both, as appropriate, shall
certify to the Legislature by the first day of October in the
fiscal year following implementation of the fee, and annually
thereafter, the amount of fees collected for each of the five
years;
(4) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.
(j) (k) A penalty may not be imposed by the commission or
council upon any institution based upon the number of nonresidents
who attend the institution unless the commission or council
determines that admission of nonresidents to any institution or
program of study within the institution is impeding unreasonably
the ability of the resident students to attend the institution or
participate in the programs of the institution. The institutions
shall report annually to the commission or council on the numbers
of nonresidents and such other enrollment information as the
commission or council may request.
(k) (l) Tuition and fee increases of the governing boards are
subject to rules adopted by the commission and council jointly
pursuant to this section and in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code. pursuant to
subsection (a), section four, article one-b of this chapter
(1) A governing board of an institution under the jurisdiction
of the commission may propose tuition and fee increases of up to
nine and one-half percent for undergraduate resident students for
any fiscal year. The nine and one-half percent total includes the
amount of increase over existing tuition and fees, combined with
the amount of any newly established, specialized fee which may be
proposed by a governing board. except that proposed tuition and
fees increases for community and technical colleges may be A
governing board of an institution under the jurisdiction of the
council may propose tuition and fee increases of up to four and
three quarters percent. The four and three-quarters percent total
includes the amount of increase over existing tuition and fees,
combined with the amount of any newly established, specialized fee
which may be proposed by a governing board. Any proposed increase
shall be approved by the commission. The commission or council, as
appropriate, shall examine individually each request from a
governing board for an increase. Any proposed increase requires
the approval of the commission or council, as appropriate.
Approval for any increase shall be based on a determination by the
commission that the institution has met the following conditions:
In determining whether to approve or disapprove the governing
board's request, the commission or council shall determine the
progress the institution has made toward meeting the conditions
outlined in this subdivision and shall make this determination the
predominate factor in its decision. The commission or council
shall consider the degree to which each institution has met the
following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the commission or
council;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of
article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Is implementing the efficiency measures required by
section nine, article five of this chapter;
(E) Has demonstrated to the satisfaction of the commission or
council that an increase will be used to maintain high-quality
programs at the institution;
(F) Has demonstrated to the satisfaction of the commission or
council that the institution is making adequate progress toward
achieving the goals for education established by the southern
regional education board; and
(G) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(2) In making a determination on tuition and fee proposals the
commission also may take into consideration whether the per capita
income in an institution's service region exceeds the state per
capita income. For the purposes of this subdivision only:
(A) Service region is the county in which the main campus of
the institution is located and the contiguous West Virginia
counties; and
(B) Per capita income for the service region shall be computed
using the most current annual, county-level per capita income data
published by the United States department of commerce, bureau of
economic analysis, weighted by the compatible year population
estimates published by the United States census bureau.
(3) (2) This section may not be construed to does not require
equal increases among institutions or to require any level of
increase at an institution.
(4) (3) The commission and council shall report to the
legislative oversight commission on education accountability
regarding the basis for each approval or denial as determined using
the criteria established in subdivision (1) of this subsection.
(4) For fiscal year two thousand five only, a governing board
of any institution under the jurisdiction of the commission may
increase tuition and fees for undergraduate resident students by one and one-half percent greater than the amount authorized by the
commission pursuant to the provisions of this section.
(m) The amount of fees assessed immediately prior to the
effective date of this act under the provisions of this article
relating to a higher education resource fee, a faculty improvement
fee, a medical education fee, a health professions fee and a
student activities fee are included in the appropriate tuition or
fees classifications established under subsection (a) of this
section.
§18B-10-1b. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Auxiliary capital fees" means charges levied on students
to support debt service, capital projects and campus maintenance
and renewal for the auxiliary facilities of the institutions;
(b) "Auxiliary fees" means charges levied on all students to
support auxiliary enterprises or optional charges levied only on
students using the auxiliary service. Auxiliary fees include sales
and service revenue from entities that exist predominately to
furnish goods or services to students, faculty or staff such as
residence halls, faculty and staff housing, food services,
intercollegiate athletics, student unions, bookstores, parking and
other service centers;
(c) "Full-time graduate student" means a graduate student who is enrolled for nine or more credit hours in a regular term;
(d) "Full-time undergraduate student" means an undergraduate
student who is enrolled for twelve or more credit hours in a
regular term;
(e) "Required educational and general capital fees" means:
(1) Charges levied on all students to support debt service of
systemwide bond issues; and
(2) Charges levied on all students to support debt service,
capital projects and campus maintenance and renewal for an
institution's educational and general educational facilities; and
(f) "Tuition and required educational and general fees" means:
(1) Charges levied on all students of that class or category
to support educational and general program services; and
(2) Optional charges levied for education and general services
collected only from students using the service or from students for
whom the services are made available. Educational and general
expenditures are categorized as instruction, research, academic
support, student services, institutional support, operation and
maintenance of plant and scholarships and fellowships. Education
and general expenditures do not include expenditures for auxiliary
enterprises, hospitals or independent operations.
§18B-10-2. Higher education resource assessment.
In addition to the fees specifically provided for in section
one of this article, all students enrolled for credit at a state
institution of higher education shall pay a higher education resource fee.
(a) Pursuant to the authority granted by section four, article
one-b of this chapter, and section six, article two-b of this
chapter, the commission and council jointly shall establish a
higher education resource assessment per student for each state
institution of higher education under their respective
jurisdictions. Community and technical colleges shall transfer all
funds collected pursuant to this section to the council. All other
institutions shall transfer all funds collected pursuant to this
section to the commission. Any reference in this code to higher
education resource fee means this higher education resource
assessment.
(b) The commission and council jointly shall fix the fee rates
assessment for the various institutions and classes of students
under its jurisdiction and may, from time to time, change these
rates and may periodically change these assessments. The amount of
the fee charged at assessment for each institution shall be
prorated for part-time students. The fee imposed by this section
is in addition to the maximum fees allowed to be collected under
the provision of section one of this article and is not limited
thereby. Refunds of such fee may be made in the same manner as any
other fee collected at state institutions of higher education.
Ninety percent of the total fees collected at each institution
pursuant to this section shall be deposited in a special fund in
the state treasury for the institution at which the fees are collected and may be used by the institution for
(c) Each institution shall maintain a level of support for
libraries and library supplies, including books, periodicals,
subscriptions and audiovisual materials, instructional equipment
and materials; and for the improvement in quality and scope of
student services comparable to that level supported by the higher
education resource fee previously authorized by this section. Up
to ten percent of the fee collections
(d) The assessment shall be deposited in a special fund and
expended or allocated by the commission or council to meet its
general operating expenses of the commission or to fund statewide
programs. Provided, That the board shall, to the maximum extent
practicable To the maximum extent practicable, the commission and
council shall offset the impact, if any, on financially needy
students of any potential fee increases assessment increase under
this section by allocating an appropriate amount of such fee the
revenue to the state scholarship program to be expended in
accordance with the provisions of article five, chapter eighteen-c
of this code.
The commission shall on or before the first day of July of
each year, provide the legislative auditor with a report of the
projected fee collections for the board and each of its
institutions and the expenditures proposed for such fee.
§18B-10-4. Medical education.
In addition to the fees specifically provided for in sections one, two and three of this article, all
The commission shall determine an appropriate portion of all
tuition and fees paid by medical students enrolled for credit at
the West Virginia university school of medicine, Marshall
university school of medicine and the West Virginia school of
osteopathic medicine to be used to support the health education
student loan fund. shall pay a medical education fee. The board
of trustees shall fix the fee rates for students at each
institution and may from time to time change these rates. The fee
imposed by this section is in addition to the maximum fees allowed
to be collected under the provisions of section one of this article
and is not limited thereby. Refunds of the fee may be made in the
same manner as any other fee collected at state institutions of
higher education. Medical education fees collected shall be
deposited in a special revenue account which is hereby created in
the state treasury for the school at which the fees are collected
and shall be used by the school to offset general operating costs:
Provided, That the board of trustees shall deposit a portion of the
total fees collected therein into The portion determined by the
commission for this purpose shall be deposited into the health
education student loan fund account in accordance with the
provisions of article three, chapter eighteen-c of this code.
Before the first day of July of each year, the board of
trustees shall provide the legislative auditor with a report of the
projected fee collections for each of the schools of medicine.
§18B-10-4b. Additional fee waivers for health sciences and
technology academy programs.
(a) In addition to the number of fee waivers permitted in
sections five and six of this article for undergraduate, graduate
and professional schools, each state institution of higher
education may waive all fees or any part thereof for students who
are residents of West Virginia and who successfully complete the
health sciences and technology academy affiliated programs. as
defined in chapter eighteen-b, article one, section two of the code
of West Virginia.
(b) For purposes of this section four-b, article ten, chapter
eighteen-b of this code, "Health Sciences and Technology Academy
Programs" means those programs in the for health sciences designed
to assist junior high and high school students in conjunction with
their parents and teachers, to enhance their knowledge and
abilities in subject matters which would will further a career in
the field of health sciences.
§18B-10-5. Fee waivers -- Undergraduate schools.
Each governing board periodically may establish fee waivers
for students in undergraduate studies at institutions under its
jurisdiction entitling recipients to waiver of enrollment, tuition
registration, higher education resource tuition, capital and other
fees subject to the following conditions and limitations:
(1) No state educational institution may
(a) A state institution of higher education may not have in effect at any time a number of undergraduate fee waivers in a
number which exceeds five percent of the number of full-time
equivalent undergraduate students registered during the fall
semester of the immediately preceding academic year.
(2) (b) Each undergraduate fee waiver shall entitle entitles
the recipient thereof to attend a designated state educational
institution of higher education without payment of the enrollment,
tuition, registration, higher education resource capital and other
fees as may be prescribed by the governing board and be is for a
period of time not to exceed eight semesters of undergraduate
study.
(3) (c) The governing board shall make rules governing the
award of undergraduate fee waivers; the issuance and cancellation
of certificates entitling the recipients to the benefits thereof;
the use of the fee waivers by the recipients; and the rights and
duties of the recipients in with respect to the fee waivers. These
rules may not be inconsistent with the provisions of this section.
(4) (d) The awarding of undergraduate fee waivers shall be
entered in the minutes of the meetings of the governing board. and
each board shall file with the legislative auditor a copy of the
rules governing the award of the fee waivers and a list of the
names of the recipients thereof
(e) Students enrolled in an administratively-linked community
and technical college shall be awarded a proportionate share of the
total number of undergraduate fee waivers awarded by a governing board. The number to be awarded to students of the community and
technical college is based upon the full-time equivalent enrollment
of that institution.
§18B-10-6. Fee waivers - Professional an
d graduate schools.
In addition to the fee waivers heretofore authorized for
undergraduate study by the provisions of section five of this
article, each governing board periodically may establish from time
to time fee waivers for study in graduate and professional schools
under their its jurisdiction, including medicine and dentistry,
entitling the recipients to waiver of enrollment tuition,
registration higher education resource capital, and other fees,
subject to the following conditions and limitations:
(1) (a) West Virginia university may not have in effect at any
time graduate and professional school fee waivers in a number which
exceeds ten percent of the number of full-time equivalent graduate
and professional students registered during the corresponding fall
semester, spring semester and summer term of the immediately
preceding academic year. In addition to the above ten percent, all
graduate assistants employed by West Virginia university shall be
granted a fee waiver.
(b) All other Institutions of higher education other than West
Virginia university may not have in effect at any time a number of
graduate and professional school fee waivers in a number which
exceeds five percent of the number of full-time equivalent graduate
and professional students registered during the corresponding fall semester, spring semester and summer term of the immediately
preceding academic year. In addition to the above five percent,
all graduate assistants employed by the other these institutions
shall be granted a fee waiver.
(2) (c) Each graduate or professional school fee waiver shall
entitle entitles the recipient to waiver of the enrollment,
tuition, registration higher education resource capital, and other
fees as may be prescribed by the governing boards and be is for a
period of time not to exceed the number of semesters normally
required in the recipient's academic discipline.
(3) (d) The governing boards shall make rules governing the
award of graduate and professional school fee waivers; the issuance
and cancellation of certificates entitling the recipients to the
benefits thereof; the use of the fee waivers by the recipients; and
the rights and duties of the recipients in with respect to the fee
waivers. These rules may not be inconsistent with the provisions
of this section.
(4) (e) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each
governing board. and each board shall file with the legislative
auditor a copy of the rules governing the award of the fee waiver
and a list of the names of the recipients thereof.
§18B-10-7a. Tuition and fee waivers or adjustments for residents
at least sixty-five years old.
The board of trustees and the board of directors
(a) Each governing board shall promulgate a joint rule in
accordance with article three-a, chapter twenty-nine-a of this code
that establishes rule establishing a reduced tuition and fee
program for senior citizens. The joint rule shall include at least
the following:
(a) The program shall include
(1) One option for those individuals who attend undergraduate
and graduate courses without receiving credit and one option for
individuals those who attend undergraduate and graduate courses for
credit;
(b) A participant
(2) A requirement that the following conditions be met under
either option of the program: shall meet the following
requirements:
(1) (A) The participant is a resident of West Virginia;
(2) (B) The participant is sixty-five years of age or older;
and
(3) (C) Classroom space is available; and
(4) The instructor of the class consents;
(c)(3) A method of establishing priority for allowing a
participant to attend a class or course;
(d)(4) A determination of whether to require participants to
pay special fees, including laboratory fees, if the fees are
required of all other students;
(e)(5) A determination of whether to require participants to
pay for parking;
(f)(6) Requirements for participants in the program under
the no credit option:
(1)(A) A grade or credit may not be given; and
(2) (B) The total tuition and fees charged for each course or
class, excluding laboratory and parking fees, may not exceed fifty
dollars. Provided, That After the first day of July, two thousand
four, the governing boards may by joint rule change the maximum
fee; and
(g) (7) A requirement for participants in the program under
the for credit option that tuition and fee rates may not exceed
fifty percent of the normal rates charged to state residents by the
institution.
(b) The provisions of this section apply to both classroom-
based courses, electronic and internet-based courses, and all other
distance education delivery.
§18B-10-8. Collection; disposition and use of capital and auxiliary
capital fees; creation of special capital and
auxiliary capital improvements funds; revenue bonds.
(a) In addition to all other fees imposed by the governing
boards, there is hereby imposed and the governing boards are hereby
directed to provide for the collection of an additional
registration fee from all students enrolled in any state
institution of higher education under its jurisdiction in the amounts hereinafter provided.
(a) Effective the first day of July, two thousand four, this
section, and any rules adopted by the commission, council, or both,
in accordance with this section and article three-a, chapter
twenty-nine-a of this code, govern the collection, disposition and
use of the capital and auxiliary capital fees authorized by section
one of this article. Prior to the first day of July, two thousand
four, the statutory provisions governing collection and disposition
of capital funds in place prior to the enactment of this section
remain in effect.
(1) (b) Fees for full-time students. -- The governing boards
shall fix capital and auxiliary capital fees for full-time students
at each state institution of higher education, the additional
registration fee shall be fifty dollars per semester. For
institutions under its jurisdiction, the a governing boards have
authority to increase board may fix such additional registration
fee fees at institutions of higher education under its jurisdiction
at higher rates for students who are nonresidents not residents of
this state.
(2) (c) Fees for part-time students. - For all part-time
students and for all summer school students, the governing boards
shall impose and collect such fee fees in proportion to, but not
exceeding, that the fees paid by full-time students. (b) The fee
imposed by this section is in addition to the maximum fees allowed
to be collected under the provision of section one of this article and may not be limited thereby. Refunds of such fee fees may be
made in the same manner as any other fee collected at state
institutions of higher education.
(c) (d) There is created in the state treasury a special
capital improvements fund and special auxiliary capital
improvements fund for each state institution of higher education
and the commission into which shall be paid all proceeds, of the
respectively, of:
(1) The additional registration capital and auxiliary capital
fees collected from students at all state institutions of higher
education pursuant to this section; and
(2) The fees collected from such students pursuant to section
one of this article. to
The fees shall be expended by the commission and governing
boards for the payment of the principal of or interest on any
revenue bonds issued by the board of regents or the succeeding
governing boards for which such registration fees were pledged
prior to the enactment of this section.
(d) (e) The governing boards may make expenditures from any of
the special capital improvements funds or special auxiliary capital
improvement funds established in this section to finance, in whole
or in part, together with any federal, state or other grants or
contributions, for any one or more of the following projects:
(1) The acquisition of land or any rights or interest therein;
(2) The construction or acquisition of new buildings;
(3) The renovation or construction of additions to existing
buildings;
(4) The acquisition of furnishings and equipment for any such
buildings; and
(5) The construction or acquisition of any other capital
improvements or capital education facilities at such state
institutions of higher education, including any roads, utilities or
other properties, real or personal, or for other purposes
necessary, appurtenant or incidental to the construction,
acquisition, financing and placing in operation of such buildings,
capital improvements or capital education facilities, including
student unions, dormitories, housing facilities, food service
facilities, motor vehicle parking facilities and athletic
facilities.
(e) (f) The governing boards, in their discretion, may use the
moneys in such special capital improvements funds and special
auxiliary improvement funds to finance the costs of the above
purposes on a cash basis. or The commission, upon request of
institutions or when singly or jointly requested by the governing
boards, singly or jointly, may from time to time periodically may
issue revenue bonds of the state as provided in this section to
finance all or part of such purposes and pledge all or any part of
the moneys in such special funds for the payment of the principal
of and interest on such revenue bonds, and for reserves therefor.
Any pledge of such special funds for such revenue bonds shall be a prior and superior charge on such special funds over the use of any
of the moneys in such funds to pay for the cost of any of such
purposes on a cash basis. Provided, That Any expenditures from
such special funds, other than for the retirement of revenue bonds,
may only be made by the commission or governing boards only to meet
the cost of a predetermined capital improvements program for one or
more of the state institutions of higher education, in such order
of priority as was agreed upon by the governing board or boards and
the commission and for which the aggregate revenue collections
projected are presented to the governor for inclusion in the annual
budget bill, and only with the approval of are approved by the
Legislature as indicated by direct appropriation for the purpose
for expenditure.
(f) (g) Such revenue bonds periodically may be authorized and
issued from time to time by the commission or governing boards to
finance, in whole or in part, the purposes provided in this section
in an aggregate principal amount not exceeding the amount which the
commission determines can be paid as to both principal and interest
and reasonable margins for a reserve therefor from the moneys in
such special funds.
(g) (h) The issuance of such revenue bonds shall be authorized
by a resolution adopted by the governing board receiving the
proceeds and the commission and such revenue bonds shall bear such
date or dates; mature at such time or times not exceeding forty
years from their respective dates; be in such form either coupon or registered, with such exchangeability and interchangeability
privileges; be payable in such medium of payment and at such place
or places, within or without the state; be subject to such terms of
prior redemption at such prices not exceeding one hundred five per
centum of the principal amount thereof; and shall have such other
terms and provisions as determined by the governing board receiving
the proceeds and the commission. Such revenue bonds shall be
signed by the governor and by the chancellor of the commission or
the chair of the governing boards authorizing the issuance thereof,
under the great seal of the state, attested by the secretary of
state, and the coupons attached thereto shall bear the facsimile
signature of the chancellor of the commission or the chair of the
appropriate governing boards. Such revenue bonds shall be sold in
such manner as the commission or governing board determines is for
the best interests of the state.
(h) (i) The commission or governing boards may enter into
trust agreements with banks or trust companies, within or without
the state, and in such trust agreements or the resolutions
authorizing the issuance of such bonds may enter into valid and
legally binding covenants with the holders of such revenue bonds as
to the custody, safeguarding and disposition of the proceeds of
such revenue bonds, the moneys in such special funds, sinking
funds, reserve funds or any other moneys or funds; as to the rank
and priority, if any, of different issues of revenue bonds by the
commission or governing boards under the provisions of this section; as to the maintenance or revision of the amounts of such
additional registration fees; as to the extent to which swap
agreements, as defined in section two-h, article two-g, chapter
thirteen of this code shall be used in connection with such revenue
bonds, including such provisions as payment, term, security,
default and remedy provisions as the commission shall consider
necessary or desirable, if any, under which such additional
registration fees may be reduced; and as to any other matters or
provisions which are deemed considered necessary and advisable by
the commission or governing boards in the best interests of the
state and to enhance the marketability of such revenue bonds.
(i) (j) After the issuance of any of such revenue bonds, the
additional registration fees at the state institutions of higher
education pledged to the payment thereof may not be reduced as long
as any of such revenue bonds are outstanding and unpaid except
under such terms, provisions and conditions as shall be contained
in the resolution, trust agreement or other proceedings under which
such revenue bonds were issued. Such revenue bonds shall be and
constitute negotiable instruments under the uniform commercial code
of this state; shall, together with the interest thereon, be exempt
from all taxation by the state of West Virginia, or by any county,
school district, municipality or political subdivision thereof; and
such revenue bonds may not be considered to be obligations or debts
of the state and the credit or taxing power of the state may not be
pledged therefor, but such revenue bonds shall be payable only from the revenue pledged therefor as provided in this section.
(j) (k) Additional revenue bonds may be issued by the
commission or governing boards pursuant to this section and
financed by additional revenues or funds dedicated from other
sources. It is the intent of the Legislature to authorize over a
five-year period beginning on the seventeenth first day of June
July, two thousand four, additional sources of revenue and funds to
effect such funding for capital improvement.
(k) (l) Funding of systemwide and campus-specific revenue
bonds under any other section of this code is hereby continued and
authorized pursuant to the terms of this section. Revenues of any
state institution of higher education pledged to the repayment of
any revenue bonds issued pursuant to this code shall remain the
responsibility of that institution pledged.
(l) (m) Any revenue bonds for state institutions of higher
education proposed to be issued under this section or article
twelve-b, chapter eighteen other sections of this code first must
be first approved by the commission.
(m) (n) Revenue bonds issued pursuant to article twelve-b,
chapter eighteen of this code may be issued by the commission or
governing boards, either singly or jointly.
(n) (o) Fees pledged for repayment of revenue bonds issued
under this section or article twelve-b, chapter eighteen prior to
the effective date of this section shall be transferred to the
commission in a manner prescribed by the commission. The commission shall have the authority to transfer funds from the
accounts of institutions pledged for the repayment of revenue bonds
issued prior to the effective date of this section or issued
subsequently by the commission upon the request of institutions, if
an institution fails to transfer the pledged revenues to the
commission in a timely manner.
(p) Effective the first day of July, two thousand four, the
capital and auxiliary capital fees authorized by this section and
section one of this article are in lieu of any other fees set out
in this code for capital and auxiliary capital projects to benefit
public higher education institutions. Notwithstanding any other
provisions of this code to the contrary, in the event any capital,
tuition, registration or auxiliary fees are pledged to the payment
of any revenue bonds issued pursuant to any general bond
resolutions of the commission, any of its predecessors or any
institution, adopted prior to the effective date of this section,
such fees shall remain in effect in amounts not less than the
amounts in effect as of that date, until such time as the revenue
bonds payable from any of such fees have been paid or the pledge of
such fees is otherwise legally discharged.
§18B-10-9. Authority to excuse students in certain educational
programs from payment of enrollment fees
.
Whenever the cost of any institute, workshop, special course,
or other educational program is wholly financed by a grant from any
federal, state or local agency or from any foundation, corporation or other association or person, except for indirect costs of
administration and other overhead expenses, such as the cost of
providing classrooms and other facilities, the governing board of
the state educational institution of higher education administering
such the program shall have has the authority to excuse all
students enrolled in such program from the payment of tuition
registration and other enrollment fees.
§18B-10-11. Fees and money derived from athletic contests.
The directors of athletics at governing board of a state
institutions institution of higher education may fix and charge
admission fees to athletic contests at state institutions of higher
education under its jurisdiction. and The governing board may
enter into contracts and spend and receive money under such
contracts for the student athletic teams of state the institutions
of higher education to contest with other athletic teams inside or
outside the state. All money received from such fees and contracts
shall be deposited in to the athletic accounts of the state
institutions of higher education the auxiliary operating account of
the institution and expended for any purpose considered necessary
and proper by the governing board.
All money derived from such fees and under such contracts
shall be used to defray the cost of maintaining the athletic
department and athletic program of such institutions. The
operation of training camps and training tables and providing room
accommodations for participants in the athletic program of such institutions shall be recognized and considered as a proper part of
such maintenance, but the specific mention of training camps and
training tables and providing room accommodations shall not be
construed or understood to limit in any way the general power and
authority otherwise granted and conferred by this section:
Provided, That one percent of the total gross receipts deposited
into the athletic accounts and (2) not less than twenty-five
percent of the net receipts from televised athletic events, bowl
games and post-season tournaments deposited into the athletic
accounts shall be transferred into a separate and distinct special
revenue account for each individual state institution of higher
education, which special revenue account shall be designated
"athletic facilities construction, repair or replacement reserve
account," in the state treasury. Such revenues shall be used only
for construction, repair or replacement of athletic facilities at
the same individual state institution of higher education to which
such special revenue account is credited. Notwithstanding any
other provision in this section to the contrary, in the year in
which they are received, no more than twenty-five percent of the
net receipts from televised athletic events, bowl games and
post-season tournaments deposited into athletic accounts may be
transferred into other accounts of the same state institution of
higher education having such receipts for the support of academic
programs to meet an occasional rather than recurrent need or
expense, and in accord with legislative rules promulgated by the appropriate governing board in accordance with chapter
twenty-nine-a of this code, notwithstanding any other provision of
this code to the contrary.
§18B-10-12. Student activities.
(a) The president or other administrative head governing board
of any a state institution of higher education may authorize the
collection of fees from students for the may make funds available
from tuition and fees to support of extracurricular activities of
the students as considered necessary. and after authorizing the
collection of such fees, the president or other administrative head
shall file with the state auditor and state budget director a
certified detailed statement of the fees amount authorized to be
collected expended and the purpose for which they are to be spent.
(b) Each institution shall maintain a level of support for
extracurricular activities of the students comparable to that level
supported by student activities fees previously authorized by this
section.
§18B-10-13. Fees from operation of dormitories, faculty homes,
dining halls and cafeterias.
The appropriate governing board of each state institution of
higher education shall fix the fees to be charged students and
faculty members for rooms, board and meals at the dormitories,
faculty homes, dining halls and cafeterias operated by such board
at the institution. Such fees shall be commensurate with the
complete cost of such services.
All fees collected for such services shall be used first to
meet interest, principal and sinking fund requirements due on any
outstanding revenue bonds for which the receipts may have been
pledged as security and to pay the operating and maintenance costs
of the dormitories, faculty homes, dining halls and cafeterias. and
to meet interest, principal and sinking fund requirements due on
any outstanding revenue bonds for which such receipts may have been
pledged as security. Any such receipts not needed for these
purposes may be expended by the appropriate governing board to
defray the costs in whole or in part for the construction of any
such facility for any other auxiliary enterprise or educational and
general instructional costs.
§18B-10-14. Bookstores.
The appropriate governing board of each state institution of
higher education shall have the authority to
(a) Each governing board may establish and operate a bookstore
at the institution. The bookstore shall be operated for the use of
the institution itself, including each of its schools and
departments, in making purchases of the institutions under its
jurisdiction to sell books, stationery and other school and office
supplies generally carried in college stores bookstores. and for
the benefit of students and faculty members in purchasing such
products for their own use, but no sales shall be made to the
general public.
(b) The prices to be charged the institution, the students and the faculty for such products shall be fixed by the governing
board, shall may not be less than the prices fixed by any fair
trade agreements and shall, in all cases, include in addition to
the purchase price paid by the bookstore a sufficient handling
charge to cover all expenses incurred for personal and other
services, supplies and equipment, storage and other operating
expenses. to the end that the prices charged shall be commensurate
with the total cost to the state of operating the bookstore
(c) Each governing board also shall also ensure that
bookstores operated at institutions under its jurisdiction meet the
additional objective of minimizing the costs to students of
purchasing textbooks by adopting policies which may require the
repurchase and resale of textbooks on an institutional or a
statewide basis and provide for the use of certain basic textbooks
for a reasonable number of years.
(d) All moneys derived from the operation of the store
bookstore shall be paid into a special revenue fund as provided in
section two, article two, chapter twelve of this code. Subject to
the approval of the governor, each governing board periodically
shall subject to the approval of the governor, fix and, from time
to time change the amount of the revolving fund necessary for the
proper and efficient operation of each bookstore.
(e) Moneys derived from the operation of the bookstore shall
be used first to replenish the stock of goods and to pay the costs
of operating and maintaining the store bookstore. From any balance in the Marshall university bookstore fund not needed for operation
and maintenance and replenishing the stock of goods, the governing
board of that institution shall have authority to expend a sum not
to exceed two hundred thousand dollars for the construction of
quarters to house the bookstore in the university center at
Marshall university. Until such quarters for housing the bookstore
are completed, the governing board of Marshall university and the
governor shall take this authorization into account in fixing the
amount of the revolving fund for the Marshall university bookstore.
Notwithstanding any other provision of this section, any
institution that has contracted with a private entity for bookstore
operation shall deposit into an appropriate account all revenue
generated by the operation and enuring to the benefit of the
institution. The institution shall use the funds for nonathletic
scholarships.
§18B-10-15. Authority of educational institutions to provide
special services and programs; collection and
disposition of fees therefor.
(a) The appropriate governing board of each state institution
of higher education shall have authority to may provide special
services and special programs at such institutions and may fix and
collect special fees or charges therefor. Such special services
and special programs may include, but are not limited to, any one
or more of the following:
(1) The conduct of music camps and band, orchestra or voice
clinics for secondary school students or other youth groups; summer
tutoring programs for primary and secondary school students; speech
therapy clinics and services; educational and psychological testing
programs; student guidance programs; and statistical studies and
calculations by an electronic computer service.
(2) Rental of lockers or other storage facilities and the
maintenance and operation of parking facilities for use by
students, faculty, staff and visitors.
(3) Rental of musical recordings, educational films, slides
and other audiovisual aids.
(4) Microfilming or other mechanical reproduction of records
and noncopyrighted library reference materials.
(5) Institutes, conferences, workshops, postgraduate and
refresher noncredit courses and any other special program or
special service customarily provided by institutions of higher
education.
(6) Motor pools consisting of motor vehicles for the use of
their employees when carrying on the business and affairs of the
institutions.
(b) All fees or charges collected for any such special
services or programs shall be paid into a special fund and shall be
expended solely for the maintenance, operation and support of such
services and programs cover the total cost of the service or
program.
Whenever any such special service is provided by one school,
division or department of a state institution of higher education
for the benefit of any other school, division or department in the
same institution, the cost shall be paid by the school, division or
department requesting the service and shall be deposited and
expended as provided above. Whenever a motor pool is provided by
the governing board of a state institution of higher education,
such board may charge any school, college, department or division
of such institution for which a vehicle is used a reasonable amount
for such use, which amount shall be paid by such school, college,
department or division and shall be deposited and expended as above
provided.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.
§18C-3-1. Health education loan program; establishment;
administration; eligibility and loan cancellation;
required report.
(a) Legislative findings. -- The Legislature finds that there
is a critical need for additional practicing health care
professionals in West Virginia. Therefore, there is hereby created
a health education student loan program to be administered by the
senior administrator of the higher education central office. The
purpose of this program is to provide a loan for tuition and fees
to students enrolled in health education programs at West Virginia
institutions of higher education who intend to practice their profession in underserved areas in the state following completion
of their studies. The loans are not to be awarded on the basis of
the financial need of the student, rather the loans are to be
awarded based on the need of the state to retain all levels of
health professionals in all areas of the state and where possible
to complement the rural health initiative established in article
sixteen, chapter eighteen-b of this code.
(a) For the purposes of this section, vice chancellor of
administration means the person employed pursuant to section two,
article four, chapter eighteen-b of this code.
(b)
Establishment of special account. - There is
hereby
established continued a special revolving fund account under the
board of trustees commission in the state treasury to be known as
the health education student loan fund which shall be used to carry
out the purposes of this section. The fund
shall consist consists
of:
(1) All funds on deposit in the medical student loan fund in
the state treasury
on the effective date of this section, or which
are due or become due for deposit in the fund as obligations made
under the previous enactment of this section;
(2) thirty-three percent of the annual collections from the
medical education fee established by section four, article ten,
chapter eighteen-b of this code, or such other percentage as may be
established by the board of trustees by legislative rule subject to
approval of the Legislature pursuant to the provisions of article three-a, chapter twenty-nine-a of this code;
(2) Those funds provided pursuant to the provisions of section
four, article ten, chapter eighteen-b of this code;
(3) Appropriations provided by the Legislature;
(4) penalties assessed to individuals for failure to perform
under the terms of a loan contract as set forth under this section,
and repayment of any loans which may be made from funds in excess
of those needed for loans
(4) Repayment of any loans made under this section;
(5) Amounts provided by medical associations, hospitals, or
other medical provider organizations in this state, or by political
subdivisions of the state, under an agreement which requires the
recipient to practice his or her health profession in this state or
in the political subdivision providing the funds for a
predetermined period of time and in such capacity as set forth in
the agreement; and
(6) Other amounts which may be available from external
sources.
Balances remaining in the fund at the end of the fiscal year
shall do not expire or revert. All costs associated with
the
administration of administering this section shall be paid from the
health education student loan fund.
(c) Eligibility and forgiveness requirements for health
education student loan. -- An individual is eligible for a health
education student loan if the individual: (1) Is enrolled or accepted for enrollment at the West Virginia university school of
medicine, Marshall university school of medicine, the West Virginia
school of osteopathic medicine in a program leading to the degree
of medical doctor (M.D.) or doctor of osteopathy (D.O.):
Provided, That the individual has not yet received one of these
degrees and is not in default of any previous student loan; (2)
meets the established academic standards; and (3) signs a contract
to practice his or her health profession in an underserved area of
the state: Provided, however, That for every year that an
individual serves in an underserved area, ten thousand dollars of
the loan granted to the individual will be forgiven.
Loans shall be awarded by the senior administrator, with the
advice of the board of trustees, on a priority basis from the pool
of all applications with the first priority being a commitment to
serve in an underserved area of the state or in a medical specialty
in which there is a shortage of practitioners in the state as
determined by the state division of health at the time the loan is
granted.
At the end of each fiscal year, any individual who has
received a health education student loan shall submit to the board
of trustees a notarized, sworn statement of service on a form
provided for that purpose. Upon receipt of such statement in
proper form and verification that the individual has complied with
the terms under which the loan was granted, the board of trustees
commission shall cancel up to ten thousand dollars of the outstanding loan for every full twelve consecutive calendar months
of such service.
If an individual fails to submit the required statement of
service, or submits a fraudulent statement, in addition to other
penalties, the individual is in breach of contract resulting in a
penalty of three times the amount of the outstanding balance of the
loan granted.
A loan recipient who subsequently fails to meet the academic
standards necessary for completion of the course of study under
which the loan was granted or who fails to complete the course of
study under which the original loan was granted is liable for
repayment of the loan amount under the terms for the repayment of
loans established by the board of trustees at the time the loan
contract was executed.
(d) Loans granted under medical student loan program. -- Any
student granted a medical student loan under the provisions of this
section prior to the effective date of the amendment and
reenactment of this section at the second extraordinary session of
the Legislature in the year one thousand nine hundred ninety-one
continues to be eligible for consideration for receipt of such a
loan, and/or obligated to repay such loan, as the case may be,
under the prior provisions. Thereafter, the senior administrator
(c) The vice chancellor for administration may utilize any
funds
remaining in the health education student loan fund
after all
loan grants have been disposed of for the purposes of the medical student loan program.
The commission shall give priority for the
loans to residents of this state, as defined by the commission. An
individual is eligible for loan consideration if the individual:
(1) Demonstrates financial need;
(2) Meets established academic standards;
and
(3) Is enrolled or accepted for enrollment at one of the
aforementioned schools of medicine in a program leading to the
degree of medical doctor (M.D.) or doctor of osteopathy (D.O.);
Provided, That
(4) The individual has not yet received one of
these the
degrees
provided in subdivision (3) of this subsection; and
(5) Is not in default of any previous student loan.
Provided,
however, That the board of trustees shall give priority for the
loans to residents of this state, as defined by the board of
trustees.
(d) At the end of each fiscal year, any individual who has
received a medical student loan and who has
actually rendered
services as a medical doctor or a doctor of osteopathy in this
state in a medically underserved area or in a medical specialty in
which there is a shortage of physicians, as determined by the
division of health at the time the loan was granted, may submit to
the
board of trustees commission a notarized, sworn statement of
service on a form provided for that purpose. Upon receipt of
such
statement in proper form and verification of services rendered, the
board of trustees the statement the commission shall cancel five thousand dollars of the outstanding loan or loans for every full
twelve consecutive calendar months of such service.
(e)
Report by senior administrator. -- No later than thirty
days following the end of each fiscal year, the
senior
administrator vice chancellor for administration shall prepare and
submit a report to the
board of trustees commission for inclusion
in the statewide report card required under section
six eight,
article
two one-b, chapter eighteen-b of this code to be submitted
to the legislative oversight commission on education accountability
established under section eleven, article three-a, chapter
twenty-nine-a of this code.
At a minimum, the report
of the senior
administrator shall include
at a minimum the following information:
(1) The number of loans awarded;
(2) The total amount of the loans awarded;
(3) The amount of any unexpended moneys in the fund; and
(4) The rate of default during the previous fiscal year on the
repayment of previously awarded loans.
(f) Promulgation of rules. -- The secretary of the department
of education and the arts shall promulgate rules necessary for the
operation of this section.