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Email: Chapter 18, Article 23

ARTICLE 23. ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER EDUCATION.

§18-23-1.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-2.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-3.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-4.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-4a.

Repealed.

Acts, 2011 Reg. Sess., Ch. 79.

§18-23-5.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-6. Bonds of officers and employees of state institutions of higher education.

[Repealed].

§18-23-7. Disposition of state moneys in possession of officers of state institutions of higher education; manner of expending appropriations; certification of deficiency in appropriations.

[Repealed].

§18-23-8. Visitation and inspection of state institutions of higher education.

The governing boards, or one or more of their members, shall visit each of the state institutions of higher education under their control and management in whole or in part as often as may be necessary, and may hold a regular meeting of the governing boards at any such institution. During any such visitation the governing boards or any member thereof shall thoroughly inspect all the departments thereof and investigate the condition and management of the same; and for the purpose of aiding any such investigation the governing boards or any member thereof shall have power to summon and compel the attendance of witnesses, to be examined under oath, which any member shall have the power to administer; and the governing boards or any member thereof shall have access to all books, papers and property necessary to any such investigation, and may order the production of any books, papers or property. Witnesses, other than employees of the state, shall be entitled to the same fees as in civil cases in the circuit court. In any investigation by the governing boards, or by any member thereof, they or he may cause the testimony to be taken in shorthand and transcribed and filed in the office of the governing board as soon after the same is taken as practicable. Any person refusing or failing to obey the order of the governing boards or any member thereof, issued under the provisions of this section, or to give or produce any evidence required, shall be reported by the governing boards or the member thereof conducting the investigation to the proper circuit court or the judge thereof, and such person so refusing or failing shall be dealt with by the court or judge as for contempt.

§18-23-9. Books and accounts.

[Repealed].

§18-23-10. Records of state institutions of higher education for statistical and other purposes; conference of chief officers.

[Repealed].

§18-23-11. Special investigation of any state institution of higher education by Governor or committee appointed by him

The Governor is hereby empowered to make a special investigation, either in person or by a committee appointed by him of the condition, management or affairs of any state institution of higher education, and for the purpose of aiding any such investigation the Governor or committee shall have the same powers as are conferred upon the governing boards by section eight of this article, in making similar investigations.

§18-23-12. Governing boards to perform duties required by Governor.

The Governor may require the governing boards to perform any duty or work pertaining to the management and control of any of the institutions under their control and consistent with the objects of this article.

§18-23-13.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-14.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-15.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-16. Cost of dormitories, housing facilities, food service facilities and motor vehicle parking facilities to be paid from proceeds of revenue bonds.

[Repealed].

§18-23-17. Agreements with trustees for bondholders.

[Repealed].

§18-23-18.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-19. Payment of principal and interest of construction bonds from revenues of dormitories, housing facilities, food service facilities or motor vehicle parking facilities; redemption of bonds.

[Repealed].

§18-23-20. When dormitories, housing facilities, food service facilities or motor vehicle parking facilities become property of state.

When the particular bonds for any dormitory or dormitories, housing facilities, food service facilities or motor vehicle parking facilities and the interest on the bonds shall have been paid or a sufficient amount has been provided for their payment and shall continue to be held for that purpose, the dormitories, housing facilities, food service facilities or motor vehicle parking facilities shall thereafter be exclusively the property of the State of West Virginia and thereafter the rents, fees and charges collected for the use or occupancy of, or service rendered and furnished by, the dormitories, housing facilities, food service facilities or motor vehicle parking facilities shall be paid into the state Board of Investments as provided by the provisions of section two, article two, chapter twelve of this code, as amended, and used and expended for the benefit of the institution where collected: Provided, That nothing in this section precludes any governing board from pledging the rents, fees and charges to pay the principal and interest on any bonds thereafter issued to construct new or to improve existing dormitories, housing facilities, food service facilities or motor vehicle parking facilities pursuant to section nineteen of this article. The rents, fees and charges shall be paid as may be provided in a trust agreement authorized pursuant to section seventeen of this article and in the absence of such trust agreement as provided in section nineteen of this article.

§18-23-21. State debt not to be incurred for dormitories, housing facilities, food service facilities or motor vehicle parking facilities; federal and private assistance; provisions separable.

Nothing in these sections dealing with dormitories, housing facilities, food service facilities or motor vehicle parking facilities may be so construed or interpreted as to authorize or permit the incurring of state debt of any kind or nature as contemplated by the Constitution of this state in relation to the state debt. The dormitories, housing facilities, food service facilities or motor vehicle parking facilities herein are of the character described as self-liquidating projects under the laws of this state.

Any governing board authorized to issue bonds under the provisions of this article is authorized and empowered to accept loans or grants or temporary advances for the purpose of paying part or all of the cost of construction of the dormitories, housing facilities, food service facilities or motor vehicle parking facilities and the other purposes herein authorized, from the United States of America or a federal or public agency or department of the United States or any private agency, corporation or individual, which temporary advances may be repaid out of the proceeds of the bonds authorized to be issued under the provisions of this article and to enter into the necessary contracts and agreements to carry out the purposes hereof with the United States of America or a federal or public agency or department of the United States or with any private agency, corporation or individual. The provisions and parts of this section are separable and are not matters of mutual essential inducement and it is the intention to confer the whole or any part of the powers herein provided for and if any of the sections or provisions, or parts thereof, are for any reason illegal or invalid, it is the intention that the remaining sections and provisions or parts thereof shall remain in full force and effect.

§18-23-22.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-23.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18-23-24.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.