HB 4712 Text

COMMITTEE SUBSTITUTE
FOR
H. B. 4712

(By Mr. Speaker, Mr. Kiss, and Delegates Mezzatesta,
Michael, Beane, Kominar and Hall
)
(Originating in the Committee on Education)
[March 1, 2004]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-5, relating to higher education; institutions of higher education; and providing autonomy and operating flexibility to the institutions.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-1-5, to read as follows:
ARTICLE 1. GOVERNANCE.

§18B-1-5. Flexibility for certain institutions of higher education.

(a) The Legislature finds that the statutes and policies governing the institutions listed in subsection (b) of this section are unduly burdensome and prevent those institutions from operating in an efficient and economical manner. It is the intent of the Legislature to maintain high quality and competitive higher education institutions and programs and to provide the desired operating flexibility and cost-savings to those institutions by exempting those institutions from the provisions of law which hinder their efficient and economical operation.
(b) The provisions of this code listed in subsection (d) of this section do not apply to West Virginia university; Marshall university; West Virginia school of osteopathic medicine; Bluefield state college; Concord college; Fairmont state college; Glenville state college; Shepherd college; West Liberty state college or West Virginia state college.
(c) The provisions of law listed in subsection (d) of this section continue to apply to the community and technical college at West Virginia university institute of technology; West Virginia university at Parkersburg; West Virginia northern community and technical college; eastern West Virginia community and technical college; New River community and technical college; Marshall community and technical college; Fairmont state community and technical college; and Shepherd community and technical college.
(d) The following provisions of this code do not apply to the institutions listed in subsection (b) of this section: Article six-a, chapter twenty-nine of this code; section six, article one of this chapter; sections three, four and five, article one-a of this chapter; article one-b of this chapter; sections one, two, three, four, five, six, seven, eight, nine, ten and eleven, article seven of this chapter; article eight of this chapter; article nine of this chapter; and sections one, two, three, four, four-a, eight, eleven, twelve, thirteen and fourteen, article ten of this chapter.
(e) The higher education policy commission is abolished. All powers, duties, authorities, responsibilities, property, obligations, contracts, rules, orders and resolutions of the commission are transferred to the council, which shall be exercised by the council in fulfilling its responsibilities over the community and technical colleges and in maintaining statewide higher education programs including, but not limited to, student financial aid.
(f) The governing board of each institution listed in subsection (b) of this section is responsible for operating the institution in the manner it determines to be most effective and efficient. Authorities and responsibilities of each governing board includes establishing any policy necessary to implement the provisions of this section and continue operation of the institution; setting tuition and fee rates; negotiating faculty and staff salaries, benefits and responsibilities; determining and delivering programs and services at the institution; maintaining the institutional compact; and maintaining the goals for postsecondary education established by the Legislature.
(g) The general revenue portion of the institutional operating budget for each institution listed in subsection (b) of this section shall be set by legislative appropriation for ten years. In any year, the general revenue appropriation for each institution may not exceed one-half percent greater than the general revenue appropriation for the prior fiscal year.

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