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2004 SESSION

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SB 173 Higher educational institutions; definition includes a governmental instrumentality.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Regulation of certain private and out-of-state institutions of higher education. Revises the definition of "institution of higher education" as set forth in the law regulating private and out-of-state colleges, universities, etc., to provide an explicit exception for any public institution of higher education established in statute as an authority and declared a governmental instrumentality pursuant to § 23-14. Present law provides an exception for all state-supported institutions of higher education that are listed in § 23-9.5. However, Eastern Virginia Medical School is covered by the law by virtue of the fact that it is not so listed as a "state-supported institution of higher education" (although EVMS does receive some state funds). Thus, this public institution is currently inadvertently captured under the reporting, etc. requirements of the law relating to private and out-of-state entities.

SUMMARY AS INTRODUCED:

Regulation of certain private and out-of-state institutions of higher education. Revises the definition of "institution of higher education" as set forth in the law regulating private and out-of-state colleges, universities, etc., to provide an explicit exception for educational institutions declared governmental instrumentalities pursuant to § 23-14. Present law provides an exception for all state-supported institutions of higher education that are listed in § 23-9.5. However, certain public institutions established by statutory law are inappropriately covered by the law by virtue of the fact that such institutions are declared to be governmental instrumentalities in § 23-14 and are not listed as "state-supported institutions of higher education" in § 23-9.5 (although they may receive state funds). Thus, such public institutions, notably the Eastern Virginia Medical School, were inadvertently captured under the reporting, etc. requirements of the law relating to private and out-of-state entities.