SB 524 Text

ENROLLED
Senate Bill No. 524
(By Senators Tomblin, Mr. President, and Dempsey)
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[Passed February 24, 2004; in effect from passage.]
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AN ACT to amend and reenact §18B-2B-4 of the code of West Virginia, 1931, as amended; and to amend and reenact §18C-7-4 of said code, all relating to changing the appointment process for certain members of the council for community and technical college education and the PROMISE scholarship board of control.

Be it enacted by the Legislature of West Virginia:
That §18B-2B-4 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §18C-7-4 of said code be amended and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.

§18B-2B-4. Appointment, composition and terms of council.
(a) There is hereby continued the West Virginia council for community and technical college education. Any member appointed by the governor prior to the effective date of this section may continue to serve the term for which the member has been appointed.
(b) The council is comprised of eight members selected as follows:
(1) Seven members appointed by the governor, with the advice and consent of the Senate; and
(2) The assistant superintendent for technical and adult education of the state department of education who serves as an ex officio, nonvoting member of the council.
(c) The governor may, but is not required to, reappoint any person who was a member of the joint commission immediately prior to the effective date of this section: Provided, That the individual selected is otherwise eligible to serve.
(d) All appointed members shall be citizens of the state, shall represent the public interest and shall be persons who understand and are committed to achieving the goals and objectives set forth in section one-a, article one of this chapter, the essential conditions for community and technical college education programs and services set forth in article three-c of this chapter and the goals for secondary and post-secondary vocational- technical-occupational and adult basic education in the state. The appointed members shall represent the interests of the business, labor and employer communities and demonstrate knowledge of the education needs of the various regions, attainment levels and age groups within the state.
(e) The governor may not appoint any person to be a member of the council who is an officer, employee or member of an advisory board of any state college or university, the holder of any other public office or public employment under the government of this state or any of its political subdivisions, an appointee or employee of any governing board or an immediate family member of any employee under the jurisdiction of the commission or any governing board. No individual may serve on the council who is engaged in providing, or employed by a person or company whose primary function is to provide, workforce development services and activities. Of the members appointed by the governor, no more than four thereof may belong to the same political party and no more than three may be appointed from any congressional district.
(f) Members of the council shall serve for terms of four years, except that of the original appointments, one member shall be appointed for one year; two members shall be appointed for two years; two members shall be appointed for three years; and two members shall be appointed for four years. No member may serve more than two consecutive full terms nor may any member be appointed to a term which results in the member serving more than eight consecutive years.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.

ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.

§18C-7-4. Appointment of the PROMISE scholarship board of control; compensation; proceedings generally.

(a) On the effective date of this section, the board of the PROMISE scholarship program is abolished.
As soon as practical after the effective date of this section, the governor shall appoint the West Virginia PROMISE scholarship board of control comprised of fifteen members as follows:
(1) The chairperson of the higher education policy commission or a designee who is a member of the commission;
(2) The chancellor of the higher education policy commission or his or her designee;
(3) The state superintendent of schools or his or her designee;
(4) The secretary of education and the arts;
(5) The state treasurer or his or her designee;
(6) Ten at-large private sector members representative of the state's business and economic community who have knowledge, skill and experience in an academic, business or financial field. Any member appointed by the governor prior to the effective date of this section may continue to serve the term for which the member has been appointed.
The ten appointed members shall be residents of the state. The ten appointed members shall be appointed by the governor with the advice and consent of the Senate. No more than six of the ten appointed members may be from the same political party. No more than four of the ten appointed members may be from the same congressional district.
(b) Appointed members shall serve a term of four years and may be reappointed at the expiration of their terms. In the event of a vacancy among appointed members, the governor shall appoint a person representing the same interests to fill the unexpired term. A person appointed to fill a vacancy shall be appointed only for the remainder of that term and is eligible for reappointment. Unless a vacancy occurs due to death, resignation or removal pursuant to subsection (e) of this section, an appointed member of the board shall continue to serve until a successor has been appointed and qualified as provided in subsection (a) of this section. Of the initial appointments, the governor shall appoint three members to a one-year term, two members to a two-year term, three members to a three-year term and two members to a four-year term. Thereafter, all terms shall be for four years.
(c) Members of the board shall serve without compensation, but shall be reimbursed by the office of the secretary of education and the arts for expenses, including travel expenses, actually incurred by a member in the official conduct of the business of the board at the same rate as is paid the employees of the state.
(d) The secretary of education and the arts is the chairperson and presiding officer of the board. A majority of the members of the board constitute a quorum for the transaction of business.
(e) The members appointed by the governor may be removed by the governor for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal by the governor of the state elective officers in accordance with section five, article six, chapter six of this code.

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