reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-7b. Tuition Waivers for High School Graduates in Foster Care

The governing boards shall make provision for institutions under their respective jurisdictions to award a tuition and fee waiver for undergraduate courses at state institutions of higher education for any student, beginning with incoming freshmen in the fall, two thousand, semester or term, who graduate from high school or pass the GED examination while in the legal custody of the state Department of Health and Human Resources. The student must be in foster care or other residential care for at least one year prior to the waiver award. If the foster care or other residential care is provided in another state, the student must first be returned to this state for waiver award eligibility.
To be eligible for a waiver award, a student must first: (1) Apply to and be accepted at the institution; and (2) apply for other student financial assistance, other than student loans, in compliance with federal financial aid rules, including the federal Pell grant.
Waiver renewal is contingent upon the student continuing to meet the academic progress standards established by the institution.
The waiver provided by this section for each eligible student may be used for no more than four years of undergraduate study. An initial waiver must be granted within two years of graduation from high school or passing the GED examination.
The waiver may only be used after other sources of financial aid that are dedicated solely to tuition and fees are exhausted.
Any award under this section is in addition to the number of fee waivers permitted in sections five and six of this article for undergraduate, graduate and professional schools.
No student who is enrolled in an institution of higher education as of the effective date of this section is eligible for a waiver award under the provisions of this section.
The governing boards may establish any limitations on the provisions of this section as they consider proper.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-7c. Tuition and Fee Waivers for Certain Veterans Receiving Federal Educational Assistance Benefits

(a) The Legislature finds that:
(1) The United States Congress, in enacting the Post-9/11 Veterans Educational Assistance Act of 2008, 38 U.S.C. §3301, et seq., has established a program within the United States Department of Veterans Affairs known as the "Yellow Ribbon G.I. Education Enhancement Program";
(2) Under the Act, certain individuals who served or are serving on active duty in the United States Armed Forces after September 11, 2001, are eligible to receive educational assistance benefits equal to the cost of undergraduate resident tuition and mandatory fees charged by a state institution of higher education; and
(3) The Program provides additional educational assistance benefits above the cost of undergraduate resident tuition and mandatory fees to veterans receiving benefits under the Act.
(b) The purpose of this section is to require state institutions of higher education to participate in the Program and encourage private institutions of higher education located in the state to participate.
(c) As soon as practicable after the effective date of this section, the governing board of each state institution of higher education shall enter into an agreement with the United States Secretary of Veterans Affairs to participate in the Program. For every eligible veteran who is enrolled or will be enrolled as an undergraduate student, the agreement shall provide for a waiver of the cost of tuition and mandatory fees not otherwise covered under 38 U.S.C. §3313(c)(1)(A) at a percentage equal to the maximum contribution available for match by the United States Department of Veterans Affairs. The agreement also may provide for a waiver of the cost of tuition and mandatory fees not otherwise covered under 38 U.S.C. §3313(c)(1)(A) at a percentage equal to the maximum contribution available for match by the United States Department of Veterans Affairs for every eligible veteran who is or will be enrolled in a graduate or professional program.
(d) For the purposes of the limitation on the amount of fee waivers permitted at state institutions of higher education set forth in sections five and six of this article, any waiver granted by a state institution of higher education in connection with the Program is not counted toward the amount of undergraduate, graduate or professional fee waivers permitted at that institution.
(e) The Legislature encourages every private institution of higher education located in the state to participate in the Program.
(f) For the purposes of this section:
(1) "The Act" means the Post-9/11 Veterans Educational Assistance Act of 2008, 38 U.S.C. §3301, et seq.;
(2) "The Program" means the Yellow Ribbon G.I. Education Enhancement Program, 38 U.S.C. §3317; and
(3) "Eligible veteran" means any individual who is eligible to participate in the Program.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-9. Authority to Excuse Students in Certain Educational Programs From Payment of Enrollment Fees

Whenever the cost of any institute, workshop, special course, or other educational program is wholly financed by a grant from any federal, state or local agency or from any foundation, corporation or other association or person, except for indirect costs of administration and other overhead expenses, such as the cost of providing classrooms and other facilities, the governing board of the state institution of higher education administering the program has the authority to excuse all students enrolled in such program from the payment of tuition and other fees.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-10. The Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver

(a) This section is known as the Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver.
(b) A state institution of higher education shall waive undergraduate tuition and mandatory fee charges for a state resident that has been honorably discharged from any branch of the United States Armed Forces if that resident:
(1) Has received the Medal of Honor or a Purple Heart Medal. The waiver pursuant to this subdivision is for the amount of tuition and mandatory fee charges that exceeds the total amount of any state and federal education benefits, grants or scholarships received by the resident;
(2) Has received the Medal of Honor or a Purple Heart Medal and sustained wounds during military combat that resulted in either a permanent disability or a loss of limb. The waiver pursuant to this subdivision is for the amount of tuition and mandatory fee charges that exceeds state and federal education benefits, grants or scholarships received by the resident that are designated solely for tuition and mandatory fees.
(c) Tuition and mandatory fee waivers provided pursuant to this section are not counted when determining the maximum number of waivers permitted at an institution by section five of this article.
(d) A tuition and mandatory fee waiver is available pursuant to this section for a maximum of eight semesters.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-11. Fees and Money Derived From Athletic Contests

The governing board of a state institution of higher education may fix and charge admission fees to athletic contests at institutions under its jurisdiction. The governing board may enter into contracts and spend and receive money under such contracts for the student athletic teams of the institutions to contest with other athletic teams inside or outside the state. All money received from such fees and contracts shall be deposited in the auxiliary operating account of the institution and expended for any purpose considered necessary and proper by the governing board.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-12. Student Activities

(a) The governing board of a state institution of higher education may make funds available from tuition and fees to support extracurricular activities of the students as considered necessary. (b) Each institution shall maintain a level of support for extracurricular activities of the students comparable to that level supported by student activities fees previously authorized by this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-13. Fees From Operation of Dormitories, Faculty Homes, Dining Halls and Cafeterias

The appropriate governing board of each state institution of higher education shall fix the fees to be charged students and faculty members for rooms, board and meals at the dormitories, faculty homes, dining halls and cafeterias operated by such board at the institution. Such fees shall be commensurate with the complete cost of such services.
All fees collected for such services shall be used first to meet interest, principal and sinking fund requirements due on any outstanding revenue bonds for which the receipts may have been pledged as security and to pay the operating and maintenance costs of the dormitories, faculty homes, dining halls and cafeterias. Any such receipts not needed for these purposes may be expended by the appropriate governing board for any other auxiliary enterprise or educational and general instructional costs.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-15. Authority of Educational Institutions to Provide Special Services and Programs; Collection and Disposition of Fees Therefor

(a) The governing board of each state institution of higher education may provide special services and special programs at such institutions and may fix and collect special fees or charges therefor. Such special services and special programs include, but are not limited to, any of the following:
(1) The conduct of music camps and band, orchestra or voice clinics for secondary school students or other youth groups; summer tutoring programs for primary and secondary school students; speech therapy clinics and services; educational and psychological testing programs; student guidance programs; and statistical studies and calculations by an electronic computer service.
(2) Rental of lockers or other storage facilities and the maintenance and operation of parking facilities for use by students, faculty, staff and visitors.
(3) Rental of musical recordings, educational films, slides and other audiovisual aids.
(4) Microfilming or other mechanical reproduction of records and noncopyrighted library reference materials.
(5) Institutes, conferences, workshops, postgraduate and refresher noncredit courses and any other special program or special service customarily provided by institutions of higher education.
(6) Motor pools consisting of motor vehicles for the use of their employees when carrying on the business and affairs of the institutions.
(b) All fees or charges collected for any such special services or programs shall cover the total cost of the service or program.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-16. Disposition of Funds in State Treasury

Except as may be provided for in any bond resolution in effect, funds in the State Treasury heretofore collected from any of the sources defined in the foregoing sections shall remain in the State Treasury for use by the institution where collected. Any interest revenue generated by a special student fee account shall only be expended at or for the institution where such fee was collected. Exempted schools may transfer and deposit all fees and funds collected under this article into a single special revenue account: Provided, That if the governing board of an exempted school does transfer and deposit all such fees and funds into a single special revenue account, the governing board shall account for each classification of fees and funds separately in their internal accounting system.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11. Miscellaneous Institutes and Centers › §18B-11-1. Center for Regional Progress Created; Director Powers; Mission and Purpose

(a) There is hereby created an economic development entity known as the "center for regional progress" at Marshall University. The center shall be under the control and supervision of a director, which position is to be filled by an individual qualified by experience and education. The director shall be appointed by the president of Marshall University. The director may employ such staff as is necessary to accomplish the center's mission and purpose. The director shall have administrative control and supervision of the center. The center shall emphasize the creation of new jobs and the retention of existing jobs as the foundation necessary for the economic development of West Virginia. The center shall provide basic and applied research and technical assistance; counseling and referral service; graduate research and cooperative education programs; management and marketing assistance; continuing education, seminars, workshops; courses to meet both employer and employee educational needs; and such other activities as are necessary to carry out the provisions of this article. The center shall provide research and technical assistance to meet the economic and community development needs of local, municipal, county and state governments.
(b) The center shall upon request respond to public policy needs of the Legislature and the executive; and apply for and obtain grants or funds from all available sources, private and public, state, federal, and otherwise. The center shall maintain a roster of faculty and staff at Marshall University and other institutions of higher education from which specific expertise may be drawn.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11. Miscellaneous Institutes and Centers › §18B-11-2. Institute for Public Affairs; Creation and Purposes

(a) There is hereby created as an independent entity the institute for public affairs, to be located and operated at West Virginia University. The institute shall be under the control and supervision of a director, which position is to be filled by an individual whose credentials include accomplishments in the interdisciplinary academic fields and government. The director shall be appointed by the president of West Virginia University. The institute shall engage faculty from institutions of higher education throughout the state and shall cooperatively develop a program with other such institutions. The terms of such participation may be by contract, loan, part-time basis or other such arrangement.
(b) The institute is directed to conduct independent research and propose strategies and options on public issues and policies upon its own initiative or as may be requested by the executive or the Legislature.
(c) The institute is directed to seek all other funds, grants, and other sources of assistance from other agencies of government as well as the private sector.
(d) The director shall have administrative control and supervision of the institute.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11. Miscellaneous Institutes and Centers › §18B-11-3. Institute for International Trade Development; Creation and Purpose

There is hereby created as an independent entity the institute for international trade development, to be located and operated at Marshall University. The institute is established to facilitate faculty involvement in the formation and continuation of international market entry and development strategy, to provide assistance to state businesses in exporting and attracting foreign investment, and to engage in other activities designed to promote, develop and stimulate export expansion and foreign direct investment. The institute shall be under the control and supervision of a director, who shall be appointed from among the faculty by the president of Marshall University. The institute shall engage faculty from institutions of higher education throughout the state and shall cooperatively develop an export program with the other such institutions. The terms of such participation may be by contract, loan, part-time basis, or other such arrangement. The institute shall develop with the board of trustees and the Governor a program of student internships in international business to place qualified students for academic credit with businesses in West Virginia to help develop export awareness and potential. The institute shall further provide research and analysis on matters of international trade upon request of the executive or the Legislature; initiate partnership grants, and proposals in the area of international trade in accordance with the provisions of article two-a, chapter five-b of this code; and apply for and obtain grants or funds from all available sources, private and public.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11A. State Autism Training Center › §18B-11A-1. Purpose

The purpose of the Legislature in the enactment of this article is to establish and develop an autism training center in the State of West Virginia with a highly skilled, interdisciplinary, appropriately experienced staff which will train teachers, parents, guardians and others important to the autistic person's education and training. The center is established and operated by the Marshall university board of Governors or its designees.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11A. State Autism Training Center › §18B-11A-2. Definitions

For the purposes of this article:
(a) "Board" means the Marshall university board of Governors;
(b) "Center" means the autism training center;
(c) "Client" means a person with the primary diagnosis of autism or autistic-like behavior; and
(d) "Expenses" means those reasonable and customary expenditures related to training and treatment of eligible clients as defined in the rules and regulations promulgated by the center.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11A. State Autism Training Center › §18B-11A-3. Powers and Duties of Board of Governors and State Autism Center

The board of Governors is authorized to operate a state autism training center, including either the acquisition by purchase, lease, gift or otherwise, of necessary lands, and the construction of necessary buildings; the expansion, remodeling, altering or equipping of necessary buildings; and the making of contracts by the board of trustees with any state, county or municipal agency, or nonprofit institution, providing for the equipment, expenses, compensation of personnel, operation and maintenance of any facility of such agency or institution utilized for the purposes of this article. The board or its designees may make and enter into all contracts and agreements necessary and incidental to the performance of its powers and duties under this section, and may cooperate with other agencies of the state, county and federal governments.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11A. State Autism Training Center › §18B-11A-5. Rules and Regulations

The board, after consultation with the center, shall make and adopt rules, regulations and standards for the establishment, operation, cost reimbursement, fees for services, maintenance and government control of the center established pursuant to this article, including such rules, regulations and standards as may be necessary for cooperation under and compliance with any existing or future federal statutes pertaining to grants-in-aid for client training or facilities and such other rules and regulations as may be necessary to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11A. State Autism Training Center › §18B-11A-6. Advisory Board

The board of Governors shall appoint a board of West Virginia citizens to advise the center director on matters of policy. The advisory board shall be composed of fifty percent parents or guardians of clients eligible for the center's program; forty percent persons from professional fields related to autism, such as special education, psychology, hearing and speech, neurology and pediatrics; and ten percent knowledgeable lay citizens such as legislators or other lay community leaders. The director of the center shall be an ex officio nonvoting member of the advisory board.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11A. State Autism Training Center › §18B-11A-7. Trainee Team; Expense

The primary method of providing services through the center is by the use of trainee teams. A trainee team shall consist of an eligible client, a professional chosen by the primary local service agency and the client's parent or parents or guardian.
The center may charge agencies such fees and reimburse trainee team or client expenses as provided by rules and regulations. The center may also provide for reasonable and customary expenses in excess of fees charged sending agencies for each trainee team or otherwise eligible client, including child care for other children of attending parents and others as specified in rules and regulations.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11B. West Virginia Poison Center › §18B-11B-1. Intent

The Legislature hereby finds that the current level of scientific information regarding the chemicals, hazardous and noxious substances, biochemical agents, toxic household products and various combinations of them that lead to human poisoning with the added risks associated with criminal activity and clandestine terrorism involving toxic materials and agents requires the immediate availability of accurate information, resources and services to assess toxic threats to the public, prevent human poisoning and assist the general public, the police, firefighters, public health officials, emergency service workers, health care providers and other first responding emergency personnel.
It is the intent of the Legislature that poison control services be provided throughout the state on a consistent and prompt basis by any and all electronic means as well as by a toll free telephone network in order that illness or death that may result from the exposure of an individual to poisonous substances may be avoided. The Legislature also finds that the West Virginia Poison Center located at the Robert C. Byrd Health Sciences Center, West Virginia University, Charleston Division and operated by West Virginia University meets these criteria and is hereby continued as the West Virginia Poison Center.
The Legislature further finds that effective poison control, not only saves lives and protects the public welfare but also reduces emergency medical costs and is considered an essential emergency service.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11B. West Virginia Poison Center › §18B-11B-2. West Virginia Poison Center Continued; Certification

(a) The West Virginia Poison Center (hereinafter referred to as "the Center") currently a part of and located at the Robert C. Byrd Health Sciences Center, West Virginia University, Charleston Division and operated by West Virginia University, is hereby continued as a special service under West Virginia University.
(b) The center shall be certified by the American Association of Poison Centers or other similar organization with the same or higher certification standards, and shall have a director who is a board certified toxicologist.
(c) The West Virginia Poison Center is exempt from temporary budget hiring freezes that may apply to colleges and universities under the Higher Education Policy Commission.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11B. West Virginia Poison Center › §18B-11B-3. Advisory Board

There is hereby created the West Virginia Poison Center Advisory Board (hereinafter referred to as the board). The board shall be composed of eight members. The members include: The Chancellor of the West Virginia Higher Education Policy Commission or his or her designee; the Secretary of the Department of Military Affairs and Public Safety or his or her designee; the Commissioner of the Bureau for Public Health or his or her designee; the Associate Vice President of West Virginia University, Health Sciences Center, West Virginia University, Charleston, West Virginia, who shall be chairman of the board; the president of the West Virginia Hospital Association or his or her designee; two members appointed by the Director of the Poison Center who shall represent professional health care organizations in this state with extensive experience in public health education, research or administration; and one member appointed by the Director of the Poison Center to represent the general public. All appointed members shall serve terms of four years and may be reappointed. Appointed members of the advisory board shall serve without compensation, but may be reimbursed for any necessary and reasonable expenses incurred in attending meetings on the same basis as members of the Legislature are reimbursed for expenses.
The board shall provide advice and assistance to the director of the center in providing services as set out in this article. The board shall meet not less than two times each year on the call of the chair. Not later than July 1, of each year, the board shall prepare an annual report for the calendar year for submission to the Governor and the Legislature. The report shall include an analysis of the activities of the center and any recommendations for improvement the board may deem necessary or appropriate.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11B. West Virginia Poison Center › §18B-11B-4. Center Responsibilities

The center shall provide:
(1) Twenty-four hour, seven days a week emergency telephone management and treatment referral of victims of poisoning to include determining whether treatment can be accomplished at the scene of the incident or transport to an emergency treatment or other facility is required and carrying out telephone follow-up to families and other individuals to assure that adequate care is provided;
(2) Emergency telephone treatment recommendations for all types of poisonings, chemical exposures, drug overdoses and exposure to weapons of mass destruction. This information shall be provided to medical and nonmedical providers;
(3) Telephone follow-up for hospitalized and nonhospitalized patients to assess progress and recommend additional treatment as necessary;
(4) Surveillance of human poison exposures. This includes those related chemicals, drugs, biologicals and weapons of mass destruction;
(5) Community education in poison prevention; and
(6) Education in the recognition and management of poisonings for health care providers.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11B. West Virginia Poison Center › §18B-11B-5. Powers and Responsibilities of the Director

The Director of the West Virginia Poison Center:
(1) Shall ensure that the center is certified by the American Association of Poison Control Centers and remains in good standing with that organization;
(2) Is authorized to enter into agreements with other state agencies or departments, with public or private colleges or universities, schools of medicine or hospitals for the use of laboratories, personnel, equipment and other fixtures, facilities or services;
(3) May accept federal funds granted by the United States Congress or by executive order of the President of the United States as well as gifts, grants, endowments and donations from individuals and private organizations or foundations for all or any of the functions of the center;
(4) Develop and advocate for an annual budget for the center;
(5) Maintain a central office at the current location of the center; and
(6) Employ adequate professional and technical employees to meet the requirements of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 11B. West Virginia Poison Center › §18B-11B-6. Immunity of Center and Staff

Neither the director nor any employee of the center staff shall be considered a member of any patient treatment team, or acting in concert with any responsible treating entity, including emergency personnel, hospital or clinic employees, or private medical practitioners of any health care treatment team.
The center and its employees are immune from any and all liability arising from the good faith provision of services provided under the provisions of this article. The immunity granted by this section is in addition to any other immunity now existing or granted under any other provision of this code or by common law.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-1. Definitions

The following words used in this article shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) "Agreement" means any agreement being entered into between a governing board and a corporation pursuant to section four of this article.
(b) "Corporation" means a nonstock, not-for-profit corporation established under the general corporation laws of the state which meets the description presented by section three of this article.
(c) "Corporate directors" means the board of directors of a corporation.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-2. Legislative Findings and Purpose

(a) The Legislature finds and determines that the future economic development in the state will depend in part upon research developed at the state institutions of higher education, and enhanced research opportunities for state institutions of higher education will promote the general economic welfare of the citizens of the state. In order to enhance the competitive position of state institutions of higher education in the current environment for research and development, expenditures for equipment and material for research projects must be handled in an expeditious fashion, and the acquisition and utilization of research grants can be simplified and expedited through the utilization of private corporations.
(b) The interest of the citizens of the state will be best met by agreements entered into and carried out by the governing boards and corporations to provide research assistance for state institutions of higher education. Therefore, in order to facilitate research and development grants and opportunities for state institutions of higher education, it is appropriate to authorize the governing boards to contract with private corporations organized for the purpose of providing such services to state institutions of higher education.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-3. Boards Authorized to Contract With Corporations; Characteristics of Corporations

Each governing board for a state institution of higher education is hereby authorized to enter into agreements and any other contractual relationships with one or more corporations formed with respect to such state institution of higher education, but only if each such corporation meets the following descriptions:
(1) The president and the president's appointees from the institution shall constitute a majority of the voting corporate directors.
(2) The corporation must be organized as a nonprofit, nonstock corporation under the general corporation laws of the state exclusively for charitable, educational or scientific purposes within the meaning of section 501(c) of the Internal Revenue Code of 1986, as amended, to foster and support research at the respective state institution of higher education and to provide evaluation, development, patenting, management and marketing services for inventions of the faculty, staff and students of such state institution of higher education.
(3) The meetings of the corporate directors shall be subject to the provisions of section three, article nine-a, chapter six of this code.
(4) Upon dissolution of the corporation, the assets of the corporation shall be transferred to such entity as the appropriate governing board shall designate for the benefit of the state institution of higher education: Provided, That such recipient shall be an organization operated exclusively for charitable, educational or scientific purposes as shall at such time qualify as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-4. Agreement; Required Provisions

(a) Notwithstanding section ten, article three, chapter twelve of this code or any other provision of law to the contrary, each governing board is hereby authorized to enter into an agreement with a private corporation, which agreement shall be for the benefit of the state institution of higher education and contain the following provisions, subject to further specification as is mutually agreed upon by the governing board and the corporation:
(1) On the effective date of the agreement, the corporation is charged with the responsibility of serving as fiscal agent for sponsored projects conducted by the faculty, staff and students of the state institution of higher education, and grants shall be accepted by the corporation on behalf of the institution and assigned to the corporation for fiscal management.
(2) The corporation shall provide evaluation, development, patenting, licensing, management and marketing services for inventions, processes, trademarks, except institutional trademarks an institution's governing board elects to retain, copyrights or any other intellectual property developed by faculty, staff and students of any state institution of higher education.
(3) The corporation has the right to determine the application of the proceeds from any invention, process, trademark, except institutional trademarks an institution's governing board elects to retain, copyright or any other intellectual property developed by the faculty, staff or students of an institution among the corporation, the inventor or developer, and the institution.
(4) The corporation has the right to receive, purchase, hold, lease, use, sell and dispose of real and personal property of all classes subject to the provisions of section ten of this article.
(5) The corporation has such additional responsibilities related to the administration of research and development at the institution as are necessary or desirable.
(b) Upon termination of the agreement, the funds or grants paid or held by the corporation, and all other property held by the corporation, shall be transferred to the institution or its designee as the governing board directs.
(c) A corporation may utilize both corporation employees and personnel of the institution. The corporation may pay the costs incurred by the institution including personnel funded on grants and contracts, fringe benefits of personnel funded on grants and contracts, administrative support costs and other costs which may require reimbursement. The corporation may include as costs any applicable overhead and fringe benefit assessments necessary to recover the costs expended by the institution, pursuant to the terms of the agreement, and that a board may be reimbursed for expenses incurred by it pursuant to the agreement.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-6. Conflicts of Interest

Notwithstanding any other provision of this code to the contrary, officers and employees of a governing board and the affected state institution of higher education may hold appointments to offices of the corporation and be corporate directors or officers or employees of other entities contracting with either the corporation or a governing board of a state institution of higher education. The executive director of the corporation shall have dual appointment with the state institution of higher education. The governing board of a state institution of higher education and the corporate directors must be informed of such appointments annually.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-7. No Waiver of Sovereign Immunity

Nothing contained in this article shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the state or to deprive a governing board of a state institution of higher education, a state institution of higher education or any officer or employee thereof of sovereign immunity.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-9. Sections and Provisions Severable

The sections of this article, and the provisions and parts of said sections, are severable, and it is the intention to enact the whole or any part of the powers provided for in this article, and, if any of said sections, or the provisions or parts of any said sections, or the application thereof to any person or circumstance, are for any reason held unconstitutional or invalid, it is the intention that the remaining sections of this article, and the remaining provisions or parts of any said sections, shall remain in full force and effect.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12. Research and Development Agreements for State Institutions of Higher Education › §18B-12-10. Assignment or Transfer of Property to Certain Corporations

(a) Institutional boards of Governors may provide and transfer funding and property, both real and personal, to corporations as defined in section one of this article, and with which the institution under its jurisdiction has contracted pursuant to the provisions of this article. Any deed that transfers real property under the provisions of this section to a corporation, as defined in section one of this article, for either: (i) Research and development; (ii) economic development projects resulting in the creation of employment related to the results of research and development conducted on the property; or (iii) both; under this section shall include provisions requiring that the real property revert to the institution under the following circumstances:
(1) For a period of two years, the property is not used for at least one of the purposes for which it may be conveyed;
(2) The corporation to which the real property is transferred is dissolved; or
(3) The corporation files a petition in bankruptcy.
(b) Any corporation, as that term is defined in section one of this article, may provide and transfer funding and property, both real and personal, to another person, firm or corporation for: (i) Research and development; (ii) economic development projects resulting in the creation of employment related to the results of research and development conducted on the property; or (iii) both. Any deed that transfers real property to a person, firm or corporation shall include provisions requiring that the real property revert to the corporation, as defined in section one of this article, under the following circumstances:
(1) For a period of six months, the property is not used for at least one of the purposes for which it may be conveyed;
(2) The corporation to which the real property is transferred is dissolved; or
(3) The corporation files a petition in bankruptcy.
(c) The person, firm or corporation that receives real property from the corporation, as defined in section one of this article, may not transfer the property to another party without the written permission of the corporation, as defined in section one of this article. The corporation, as defined in section one of this article, may not grant any such request unless the corporation determines that covenants in the deed or lease agreement provide adequate assurance that the terms of subsections (a) and (b) of this section are preserved.
(d) At least twenty days before the transfer of any property pursuant to the provisions of this section, the institutional board of Governors or the corporation, as defined in section one of this article, whichever is appropriate, shall give public notice of the transfer through a Class II legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12A. Centers for Economic Development and Technology Advancement › §18B-12A-1. Legislative Findings and Purpose

(a) The Legislature finds that economic development in West Virginia depends in part on the effective and efficient management of research grants and opportunities at doctoral institutions of higher education, on collaborations developed between doctoral institutions and businesses and industry and on the advancement and commercialization of new and evolving technologies. It is in the best interests of citizens of the state to develop programs which promote these goals and contribute to the general economic welfare of citizens. In order to enhance the competitive position of doctoral institutions in the current environment for research and economic development, expenditures for equipment and material for research projects must be handled efficiently and effectively and the acquisition and use of grant funds should be simplified and expedited through the use of centers for economic development and technology advancement.
(b) The purpose of this article is to provide a mechanism for doctoral institutions to enter into agreements with centers for economic development and technology advancement to provide research assistance; to provide maximum flexibility as to the form of organization of centers so as to encourage and facilitate private sector participation in and support of research and economic development grants and opportunities in collaboration with doctoral institutions; to expedite the acquisition, administration and management of research and development grants and opportunities; to provide technical assistance in the commercialization of research opportunities; and to authorize doctoral institutions to contract with centers organized for the purpose of providing these services.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12A. Centers for Economic Development and Technology Advancement › §18B-12A-2. Definitions

The following words used in this article have the meaning ascribed to them in this section unless the context clearly indicates a different meaning:
(a) "Agreement" means any agreement or contractual relationship being entered into between a doctoral institution and a center pursuant to the provisions of this article.
(b) "Center" means a center for economic development and technology advancement created pursuant to section three of this article.
(c) "Governing body" means the governing body of a center created pursuant to the provisions of this article.
(d) "President" means the chief executive officer of a center employed pursuant to section five of this article.
(e) "Doctoral institution" means a state institution of higher education as defined in subsection (d), section one, article eight of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12A. Centers for Economic Development and Technology Advancement › §18B-12A-3. Establishment of Centers for Economic Development and Technology Advancement; Doctoral Institutions Authorized to Enter Into Agreements

There is authorized the establishment of independent entities to be known as centers for economic development and technology advancement. Each center shall be formed with respect to a specific doctoral institution and each center shall meet the following conditions:
(1) Representatives from private sector business and industry constitute a majority of the voting members of the governing body of each center;
(2) The president of the appropriate doctoral institution or a senior member of the doctoral institution's administrative staff is a member of the appropriate governing body.
(3) Each center shall be organized as one of the following:
(A) A nonprofit, nonstock corporation under the general corporation laws of the state exclusively for charitable, educational or scientific purposes within the meaning of section 501(c) of the Internal Revenue Code of 1986, as amended; or
(B) A corporation, partnership, limited partnership, limited liability company or other form of entity authorized to be formed under this code.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12A. Centers for Economic Development and Technology Advancement › §18B-12A-5. Appointment of President; Qualifications

(a) The governing body of each center shall employ a president who shall be the chief executive officer of the center and who shall serve at the will and pleasure of the governing body;
(b) The center shall be under the control and supervision of the president who, with the approval of the governing body, may employ staff as is necessary to carry out the center's purpose and scope;
(c) The governing body shall set the qualifications for the position of president and shall conduct a thorough search for qualified candidates. A qualified candidate is one who meets at least the following criteria:
(1) Possesses a broad understanding of the relationship between public and private sector research, the advancement and commercialization of new and emerging technologies and economic development and has significant experience and an established professional reputation in these fields;
(2) Holds, at a minimum, a bachelor's degree in a field related to the duties and responsibilities of the position of president;
(3) Demonstrates specifically that he or she has developed effective and successful grant management skills, as well as skill in fostering collaborations between business-industry and doctoral institutions;
(4) Demonstrates strong communication skills and the ability to work with all types of businesses and industry, government agencies and higher education institutions; and
(5) Possesses other skills, qualifications or attributes as the governing body may consider appropriate or desirable.