Senate Bill No. 28
(By Senator Sypolt)
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[Introduced
January 13, 2010; referred to the Committee on Health and Human Resources .]
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A BILL to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931, as
amended, relating to prohibiting abortions at state college or university
medical facilities except when the abortion is necessary to save the life of
the woman receiving the abortion.
Be it enacted by the Legislature of West Virginia:
That §18B-2A-4 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers
and duties:
(a) Determine, control, supervise and manage the
financial, business and education policies and affairs of the state institution
of higher education under its jurisdiction;
(b) Develop a master plan for the institution under its
jurisdiction.
(1) The ultimate responsibility for developing and
updating the master plans at the institutional level resides with the board of
Governors, but the ultimate responsibility for approving the final version of
the institutional master plans, including periodic updates, resides with the
commission or council, as appropriate.
(2) Each master plan shall include, but not be limited
to, the following:
(A) A detailed demonstration of how the master plan will
be used to meet the goals and objectives of the institutional compact;
(B) A well-developed set of goals outlining missions,
degree offerings, resource requirements, physical plant needs, personnel needs,
enrollment levels and other planning determinates and projections necessary in a
plan to assure that the needs of the institution's area of responsibility for a
quality system of higher education are addressed;
(C) Document the involvement of the commission or
council, as appropriate, institutional constituency groups, clientele of the
institution and the general public in the development of all segments of the
institutional master plan.
(3) The plan shall be established for periods of not
less than three nor more than five years and shall be revised periodically as
necessary, including the addition or deletion of degree programs as, in the
discretion of the appropriate governing board, are necessary;
(c) Prescribe for the institution under its
jurisdiction, in accordance with its master plan and compact, specific functions
and responsibilities to achieve the goals, objectives and priorities established
in articles one and one-d of this chapter to meet the higher education needs of
its area of responsibility and to avoid unnecessary duplication;
(d) Direct the preparation of a budget request for the
institution under its jurisdiction, which relates directly to missions, goals
and projections as found in the institutional master plan and the institutional
compact;
(e) Consider, revise and submit to the commission or
council, as appropriate, a budget request on behalf of the institution under its
jurisdiction;
(f) Review, at least every five years, all academic
programs offered at the institution under its jurisdiction. The review shall
address the viability, adequacy and necessity of the programs in relation to
established state goals, objectives and priorities, the institutional master
plan, the institutional compact and the education and workforce needs of its
responsibility district. As a part of the review, each governing board shall
require the institution under its jurisdiction to conduct periodic studies of
its graduates and their employers to determine placement patterns and the
effectiveness of the education experience. Where appropriate, these studies
should coincide with the studies required of many academic disciplines by their
accrediting bodies;
(g) Ensure that the sequence and availability of
academic programs and courses offered by the institution under its jurisdiction
is such that students have the maximum opportunity to complete programs in the
time frame normally associated with program completion. Each governing board is
responsible to see that the needs of nontraditional college-age students are
appropriately addressed and, to the extent it is possible for the individual
governing board to control, to assure core course work completed at the
institution under its jurisdiction is transferable to any other state
institution of higher education for credit with the grade earned;
(h) Subject to the provisions of article one-b of this
chapter, approve the teacher education programs offered in the institution under
its control. In order to permit graduates of teacher education programs to
receive a degree from a nationally accredited program and in order to prevent
expensive duplication of program accreditation, the commission may select and
use one nationally recognized teacher education program accreditation standard
as the appropriate standard for program evaluation;
(I) Use faculty, students and classified employees in
institutional-level planning and decisionmaking when those groups are affected;
(j) Subject to the provisions of federal law and
pursuant to the provisions of article nine of this chapter and to rules adopted
by the commission and the council, administer a system for the management of
personnel matters, including, but not limited to, personnel classification,
compensation and discipline for employees at the institution under its
jurisdiction;
(k) Administer a system for hearing employee grievances
and appeals. Notwithstanding any other provision of this code to the contrary,
the procedure established in article two, chapter six-c of this code is the
exclusive mechanism for hearing prospective employee grievances and appeals;
(l) Solicit and use or expend voluntary support,
including financial contributions and support services, for the institution
under its jurisdiction;
(m) Appoint a president for the institution under its
jurisdiction subject to the provisions of section six, article one- b of this
chapter;
(n) Conduct written performance evaluations of the
president pursuant to section six, article one-b of this chapter;
(o) Employ all faculty and staff at the institution
under its jurisdiction. The employees operate under the supervision of the
president, but are employees of the governing board;
(p) Submit to the commission or council, as appropriate,
no later than November 1, of each year an annual report of the performance of
the institution under its jurisdiction during the previous fiscal year as
compared to established state goals, objectives, and priorities, and goals
stated in its master plan and institutional compact;
(q) Enter into contracts or consortium agreements with
the public schools, private schools or private industry to provide technical,
vocational, college preparatory, remedial and customized training courses at
locations either on campuses of the public institution of higher education or at
off-campus locations in the institution's responsibility district. To accomplish
this goal, the boards may share resources among the various groups in the
community;
(r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this chapter;
(s) Delegate, with prescribed standards and limitations,
the part of its power and control over the business affairs of the institution
to the president in any case where it considers the delegation necessary and
prudent in order to enable the institution to function in a proper and
expeditious manner and to meet the requirements of its master plan and
institutional compact. If a governing board elects to delegate any of its power
and control under the provisions of this subsection, it shall enter the
delegation in the minutes of the meeting when the decision was made and shall
notify the commission or council, as appropriate. Any delegation of power and
control may be rescinded by the appropriate governing board, the commission or
council, as appropriate, at any time, in whole or in part, except that the
commission may not revoke delegations of authority made by the governing boards
of Marshall University or West Virginia University as they relate to the state
institutions of higher education known as Marshall University and West Virginia
University;
(t) Unless changed by the commission or the council, as
appropriate, continue to abide by existing rules setting forth standards for
acceptance of advanced placement credit for the institution under its
jurisdiction. Individual departments at a state institution of higher education
may, upon approval of the institutional faculty Senate, require higher scores on
the advanced placement test than scores designated by the governing board when
the credit is to be used toward meeting a requirement of the core curriculum for
a major in that department;
(u) Consult, cooperate and work with the State Treasurer
and the State Auditor to update as necessary and maintain an efficient and
cost-effective system for the financial management and expenditure of special
revenue and appropriated state funds at the institution under its jurisdiction
that ensures that properly submitted requests for payment be paid on or before
due date but, in any event, within fifteen days of receipt in the State
Auditor's office;
(v) In consultation with the appropriate chancellor and
the Secretary of the Department of Administration, develop, update as necessary
and maintain a plan to administer a consistent method of conducting personnel
transactions, including, but not limited to, hiring, dismissal, promotions and
transfers at the institution under its jurisdiction. Each personnel transaction
shall be accompanied by the appropriate standardized system or forms which shall
be submitted to the respective governing board and the Department of Finance and
Administration;
(w) Notwithstanding any other provision of this code to
the contrary, transfer funds from any account specifically appropriated for its
use to any corresponding line item in a general revenue account at any agency or
institution under its jurisdiction as long as such transferred funds are used
for the purposes appropriated;
(x) Transfer funds from appropriated special revenue
accounts for capital improvements under its jurisdiction to special revenue
accounts at agencies or institutions under its jurisdiction as long as such
transferred funds are used for the purposes appropriated;
(y) Notwithstanding any other provision of this code to
the contrary, acquire legal services that are necessary, including
representation of the governing board, its institution, employees and officers
before any court or administrative body. The counsel may be employed either on a
salaried basis or on a reasonable fee basis. In addition, the governing board
may, but is not required to, call upon the Attorney General for legal assistance
and representation as provided by law; and
(z) Contract and pay for disability insurance for a
class or classes of employees at a state institution of higher education under
its jurisdiction; and
(aa) The governing boards
shall prohibit the performance of an abortion at any institution or facility
under the respective jurisdiction of the governing boards, except when the
performance of the abortion is necessary to save the life of the woman receiving
the abortion.
NOTE: The purpose of this bill is to prohibit abortions
at state college or university medical facilities, except when the abortion is
necessary to save the life of the woman receiving the abortion.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be
added.