Senate Bill No. 524
(By Senators Tomblin (Mr. President) and Dempsey)
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[Introduced February 12, 2004; referred to the Committee on
Education.]
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A BILL 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) On the effective date of this section, the joint commission for vocational-technical-occupational education is
reconstituted as the West Virginia council for community and
technical college education and all terms of members appointed by
the governor prior to the effective date of this section expire
upon the appointment by the governor of all the members required to
be appointed by this section.
(b) The council is comprised of eight members selected as
follows:
(1)
Three Seven members appointed by the governor, with the
advice and consent of the Senate;
and
(2) Two members appointed by the governor from a list of six
persons nominated by the president of the Senate: Provided, That
no more than two nominees may be from the same congressional
district and no more than three may be from the same political
party;
(3) Two members appointed by the governor from a list of six
persons nominated by the speaker of the House of Delegates:
Provided, That no more than two nominees may be from the same
congressional district and no more than three may be from the same
political party; and
(4) (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) Two members appointed by the governor from a list of six
persons nominated by the president of the Senate: Provided, That
no more than two nominees may be from the same congressional
district;
(7) Two members appointed by the governor from a list of six
persons nominated by the speaker of the House of Delegates:
Provided, That no more than two nominees may be from the same
congressional district; and
(8) (6) Six 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.
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
for 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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(NOTE: The purpose of this board is to change the process of
appointing members for the West Virginia council for community and
technical college education and the PROMISE scholarship board of
control to bring the appointment process in line with the recent
West Virginia supreme court ruling in
state ex. rel. West Virginia
citizens action group v. West Virginia economic development grant
committee. Certain council or board members that were selected by
the governor from a list of names nominated by the speaker of the
House of Delegates and the president of the Senate will now be
appointed solely by the governor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)