reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12A. Centers for Economic Development and Technology Advancement › §18B-12A-6. Agreements; Required Provisions

(a) Notwithstanding section ten, article three, chapter twelve of this code or any other provision of law to the contrary, each doctoral institution is hereby authorized to enter into agreements with one or more centers: Provided, That each center is formed with respect to that specific doctoral institution and meets the conditions set forth either in paragraph (A) or paragraph (B), subdivision (2), section three of this article.
(b) Any agreement with a center shall benefit the doctoral institution or one or more of its schools, departments or institutes whose purpose is to further economic development, training, education and technology research and development in its region.
(c) On the effective date of the agreement, the center is charged with the responsibility of serving as fiscal agent for specified sponsored projects conducted by the faculty, staff and students of the doctoral institution pursuant to terms of the agreement and grants shall be accepted by the center on behalf of the doctoral institution and assigned to the center for fiscal management.
(d) If an agreement is terminated, the funds, contributions or grants paid or held by the center and not encumbered or committed prior to termination shall be distributed as provided for in the agreement.
(e) If part of the agreement, a center may utilize both center employees and personnel of the doctoral institution. The center may pay the costs incurred by the doctoral 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 center may include as costs any applicable overhead and fringe benefit assessments necessary to recover the costs expended by the doctoral institution, pursuant to the terms of the agreement, and the doctoral institution may be reimbursed for expenses incurred by it pursuant to the agreement.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12A. Centers for Economic Development and Technology Advancement › §18B-12A-8. Conflicts of Interest

Notwithstanding any other provision of this code to the contrary, officers and employees of a governing board and the affected doctoral institution may hold appointments to offices of the center and be members of its governing body or officers or employees of other entities contracting with either the center or a governing board of a doctoral institution. The governing body shall make an annual report of these appointments to the doctoral institution.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 12A. Centers for Economic Development and Technology Advancement › §18B-12A-9. No Waiver of Sovereign Immunity

Nothing contained in this article may be construed to waive or abrogate in any way the sovereign immunity of the state or to deprive the governing board of a doctoral institution, a doctoral institution or any officer or employee of a doctoral institution of sovereign immunity.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 13. Higher Education -- Industry Partnerships › §18B-13-1. Legislative Findings; Intent; Definition

(a) Legislative findings. -- The Legislature finds that a pressing need exists for collaborative research and development between institutions of higher education and industry. This need also extends to assisting companies to develop and adapt to new technology. A commitment by the state to support cooperative partnerships between higher education and industry preserves existing jobs and creates new jobs; promotes development of business enterprises and helps them become competitive; and enables West Virginia to achieve the goals of economic growth and full employment by revitalizing and diversifying the economy. Focused research and technical assistance efforts related to West Virginia industry advances such development, improves technology transfer, assists companies in becoming growth leaders and links basic research and technological developments to economic advancement.
(b) Legislative intent. -- It is the intent of the Legislature to adopt the following as state goals to be reached through applied science and technology and partnership programs:
(1) Moving West Virginia into the forefront of science and technology;
(2) Attracting business, federal contracts and industry; and
(3) Creating jobs for the people of this state.
(c) Definition. –- As used in this article, "Qualified business" means a business registered to do business in this state which is engaged in science and technology related "manufacturing" (as defined in section three, article thirteen-s, chapter eleven of this code) or science and technology related "research and development" (as defined in section three, article thirteen-q, or section three, article thirteen-r, chapter eleven of this code) within a research zone, park or technology center.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 13. Higher Education -- Industry Partnerships › §18B-13-3. Powers and Duties

(a) The West Virginia Development Office, in consultation with the Commission, is hereby authorized and directed to develop a strategic comprehensive plan and grant program to attract new science and high technology industries, to retain and expand current state industries through technology and other processes and to increase research grants, contracts, matching funds and procurement arrangements from the federal government, private industry and other agencies. The initial strategic comprehensive plan and each annual plan update shall be developed and filed with the Governor and Legislature.
(b) The West Virginia Development Office, in consultation with the Commission, shall review the work and projects undertaken by the Center of Regional Progress, the Center for Economic Research, the Institute for International Trade Development and the West Virginia Foundation for Science and Technology.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 13. Higher Education -- Industry Partnerships › §18B-13-5. Use of State Property and Equipment; Faculty

(a) The governing boards are authorized to provide for the low cost and economical use and sharing of state property and equipment, including computers, research labs and other scientific and necessary equipment to assist any qualified business within an approved research park or zone or technology center. The commission shall approve a schedule of nominal or reduced-cost reimbursements to the state for such use.
(b) The governing boards shall develop and provide for a program of release time, sabbaticals or other forms of faculty involvement or participation with any qualifying business.
(c) The Legislature finds that cooperation, communication and coordination are integral components of higher education’s involvement in economic development. In order to proceed in a manner that is cost effective and time efficient, it is the duty of the commission to review and coordinate such aspects of the programs administered by the governing boards. The review and coordination may not operate to affect adversely sources of funding or any statutory characterization of any program as an independent entity.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 14. Miscellaneous › §18B-14-2. Transfer of Credit for Courses Completed

(a) The Legislature finds that:
(1) The state has an increasing need for individuals with a post-secondary credential or degree;
(2) Post-secondary education institutions offering programs primarily below the baccalaureate level often are a more affordable option for students; and
(3) Implementing a seamless education system with uniform transfer of credits among post-secondary institutions in the state would greatly benefit students.
(b) The commission and council jointly shall develop recommendations for implementing course credit transfer among private and public higher education institutions in the state. When developing policy regarding transfer affecting private institutions, the commission and council shall consult with at least two representatives from the private higher education institutions. The commission and council shall report the recommendations on public higher education institutions to the Legislative Oversight Commission on Education Accountability by December 1, 2015. The commission and council shall report the recommendations on private higher education instututions to the Legislative Oversight Commission on Education Accountability by December 1, 2017. The recommendations shall address the following:
(1) Providing a uniform method for transferring credit between institutions for a course successfully completed by a student if:
(A) The course curriculum of the sending institution is at least seventy percent the same or similar to that of the receiving institution;
(B) The sending institution validates that the student successfully competed the course for which credit will be transferred; and
(C) The sending institution is accredited by a regional, national, programmatic or other accrediting body recognized by the U.S. Department of Education under the Higher Education Act of 1965, as amended;
(2) Establishing a uniform method for each institution to provide clear and specific details of course content for each course it offers in a manner that allows a sending institution to determine:
(A) Whether its course is at least seventy percent the same or similar to the receiving institution; and if not,
(B) What changes to its course curriculum is needed to achieve the seventy percent level;
(3) Providing to the student and sending institution clear and specific details regarding:
(A) Reasons that a receiving institution denies course credit transfer; and
(B) Additional information or actions, if any, necessary to permit the transfer; and
(4) Allowing a student to resubmit a course credit transfer request following denial.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 14. Miscellaneous › §18B-14-3. College Credit Authorized for Learning English as Second Language

State Institutions of higher education are authorized to offer college credit hours for English learned as a second language and may accept English learned as a second language to satisfy an institutions foreign language requirement. To obtain college credit the student must be enrolled in the institution granting credit and be certified as having reached a satisfactory score on the test of English as a foreign language.
The Higher Education Policy Commission and the Council for Community and Technical College Education shall jointly propose rules to set and identify scores required on the test of English as a foreign language for course credit being offered.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 15. Severability › §18B-15-1. Severability

Pursuant to section ten, article two, chapter two of this code, if any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the chapter, and to this end the provisions of this chapter are declared to be severable.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 16. Health Care Education › §18B-16-3. Definitions

For purposes of this article, and in addition to the definitions set forth in section two, article one of this chapter, the terms used in this article have the following definitions ascribed to them:
(a) "Advisory panel" or "panel" means the West Virginia rural health advisory panel created under section six of this article.
(b) "Allied health care" means health care other than that provided by physicians, nurses, dentists and mid-level providers and includes, but is not limited to, care provided by clinical laboratory personnel, physical therapists, occupational therapists, respiratory therapists, medical records personnel, dietetic personnel, radiologic personnel, speech-language-hearing personnel and dental hygienists.
(c) "Mid-level provider" includes, but is not limited to, advanced nurse practitioners, nurse-midwives and physician assistants.
(d) "Office of community and rural health services" means that agency, staff or office within the Department of Health and Human Resources which has as its primary focus the delivery of rural health care.
(e) "Primary care" means basic or general health care which emphasizes the point when the patient first seeks assistance from the medical care system and the care of the simpler and more common illnesses. This type of care is generally rendered by family practice physicians, general practice physicians, general internists, obstetricians, pediatricians, psychiatrists and mid-level providers.
(f) "Primary health care education sites" or "sites", whether the term is used in the plural or singular, means those rural health care facilities established for the provision of educational and clinical experiences pursuant to section seven of this article.
(g) "Rural health care facilities" or "facilities", whether the term is used in the plural or singular, means nonprofit, free-standing primary care clinics in medically underserved or health professional shortage areas and nonprofit rural hospitals with one hundred or less licensed acute care beds located in a nonstandard metropolitan statistical area.
(h) "Schools of medicine" means the West Virginia University school of medicine, which is the school of health sciences; the Marshall school of medicine, which is the Marshall medical school; and the West Virginia school of osteopathic medicine.
(i) "Vice chancellor" means the vice chancellor for health sciences provided for under section six, article two of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 16. Health Care Education › §18B-16-4. Establishment of Rural Health Initiative; Goals of Rural Health Initiative

There is hereby established a rural health initiative under the auspices of the board of trustees and under the direction and administration of the vice chancellor. This initiative shall combine the efforts of the rural health initiative as created by this article in the year one thousand nine hundred ninety-one, and the Kellogg program as administered by the vice chancellor before the effective date of this section. The goals of the rural health initiative include, but are not limited to:
(a) The development of at least six primary health care education sites;
(b) The establishment of satellite programs from the primary health care education sites to provide additional opportunities for students and medical residents to serve under role models in rural areas;
(c) The provision of training to all medical students under the direction of primary care physicians practicing in rural areas;
(d) The provision of admission preferences for qualified students entering primary care in needed specialties in underserved areas;
(e) The creation of medical residency rotations in hospitals and clinics in rural areas and the provision of incentives to medical residents to accept the residencies at these hospitals and clinics;
(f) The placement of mid-level providers in rural communities and the provision of support to the mid-level providers;
(g) The extension of rural hospital physician respite loan programs to rural primary health care clinics;
(h) The development of innovative programs which enhance student interest in rural health care opportunities;
(i) The increased placement of primary care physicians in underserved areas;
(j) The increased retention of obstetrical providers and the availability of prenatal care;
(k) The increased use of underserved areas of the state in the educational process;
(l) An increase in the number of support services provided to rural practitioners;
(m) An increase in the retention rate of graduates from West Virginia medical schools, nursing schools and allied health care education programs;
(n) The development of effective health promotion and disease prevention programs to enhance wellness; and
(o) The establishment of primary health care education sites which complement existing community health care resources and which do not relocate the fundamental responsibility for health care from the community to the board of trustees.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 16. Health Care Education › §18B-16-5. Powers and Duties of the Vice Chancellor

In addition to all other duties assigned to the vice chancellor by the Higher Education Policy Commission, the vice chancellor shall:
(a) Provide assistance to communities in planning an educational and clinical component for the primary health care education sites;
(b) Coordinate and approve the provision of faculty members, students, interns and residents at the education sites;
(c) Report directly to the Higher Education Policy Commission regarding the rural health initiative;
(d) Oversee the administration of the Kellogg foundation grant;
(e) Coordinate the rural health initiative with the allied health care education programs within the state college and community college systems;
(f) Prepare the budget for the rural health initiative and submit the budget to the Higher Education Policy Commission for their approval;
(g) Distribute the funds which were appropriated to the Higher Education Policy Commission for the rural health initiative;
(h) Mediate any disputes between the institutions of higher education regarding the rural health initiative;
(i) Consult with the Council for Community and Technical College Education established under §18B-2B-3 of this code on the coordination of the education of student practical nurses with the rural health initiative; and
(j) Perform such other duties as may be prescribed by this article or as may be necessary to effectuate the provisions of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 16. Health Care Education › §18B-16-8. Allocation of Appropriations

(a) The primary health care education sites established under this article shall be supported financially in part from line item appropriations to the university of West Virginia health sciences account. Funds shall be distributed to the state’s schools of medicine upon consideration of the recommendations of the vice chancellor. Appropriations to the university of West Virginia health sciences account to support the rural health initiative shall be by line item, with at least one line item designated for primary health education program support at the schools of medicine and at least one line item designated for rural health initiative site support.
(b) The vice chancellor shall require each school of medicine to submit a detailed proposal which shall state, with specificity, how each school of medicine will be working to further the goals and meet the criteria set forth in this article and the amount of appropriation which would be needed by each school to implement the proposal.
The vice chancellor shall, giving consideration to the proposals, prepare a comprehensive plan to be presented to the board of trustees, which plan shall include a recommendation for allocations of moneys appropriated for program support and a recommendation for the allocation of moneys designated for support of the primary health care education sites commensurate with each school’s level of participation in such sites.
(c) Notwithstanding the provisions of §12-3-12 of this code, any funds appropriated to the Higher Education Policy Commission in accordance with the provisions of this section that remain unallocated or unexpended at the end of any fiscal year shall not expire, shall remain in the line item to which they were originally appropriated and shall be available in the next fiscal year to the board of trustees or a school of medicine for allocation or expenditure for the purposes of this article.
(d) Additional financial support shall come from fees generated by services, from grants and contracts, and from community resources. Any fees so generated shall be paid to and expended by the facility established as a primary health care education site unless an alternative fee arrangement is mutually agreed upon by the chief administrator of the site and the vice chancellor for health sciences.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 17. Legislative Rules › §18B-17-1. Legislative Authorization; Effective Date of Rules; Technical Deficiencies Waived

(a) Under the provisions of article three-a, chapter twenty-nine-a of the Code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in this article, subject only to the limitations set forth with respect to each rule in the section or sections of this chapter authorizing its promulgation. The Legislature further declares that all rules now or hereafter authorized in this article are within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.
(b) The effective date of the legislative rules authorized in this article is governed by the provisions of section fourteen, article three-a, chapter twenty-nine-a of this code unless the governing board promulgating the rules establishes an effective date which is earlier than that provided by that section, in which case the effective date established by the governing board shall control, unless the Legislature, in the bill authorizing the rules, establishes an effective date for the rules, in which case the effective date established by the Legislature controls.
(c) The Legislature further declares each legislative rule now or hereafter authorized under this article to have been validly promulgated, notwithstanding any failure to comply with any requirement of article three-a, chapter twenty-nine-a of this code relating to the promulgation of rules at any stage of the promulgation process prior to authorization by the Legislature in this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 17. Legislative Rules › §18B-17-4. Higher Education Policy Commission

(a) The legislative rule filed in the state register on February 2, 2001, and modified and refiled on April 3, 2001, relating to the Higher Education Policy Commission (higher education finance policy), is authorized.
(b) The legislative rule filed in the state register on November 20, 2001, relating to the Higher Education Policy Commission (higher education report card rule), is authorized.
(c) The legislative rule filed in the state register on January 4, 2002, relating to the Higher Education Policy Commission (performance indicators rule), is authorized.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 17. Legislative Rules › §18B-17-5. Authorizing West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence Scholarship Program (Promise)

The legislative rule filed in the state register on January 4, 2002, and modified and refiled on January 18, 2002, relating to the Higher Education Policy Commission (West Virginia providing real opportunities for maximizing in-state student excellence scholarship program -- PROMISE -- rule), is authorized.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 17. Legislative Rules › §18B-17-6. Authorizing Rules of Higher Education Policy Commission

(a) The legislative rule filed in the state register on the August 25, 2003, relating to the Higher Education Policy Commission (higher education adult part-time student grant program -- HEAPS -- rule), is authorized.
(b) The legislative rule filed in the state register on the October 22, 2003, relating to the Higher Education Policy Commission (purchasing efficiencies rule), is authorized.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-1. Legislative Findings

(a) The Legislature hereby finds that the essence of excellence in education is the attraction and retention of outstanding faculty; and that, however necessary modern facilities and efficient and effective administration may be, the faculty provides the catalyst by which all the elements of higher education combine to offer a quality education. The Legislature further finds that the attraction and retention of outstanding faculty at all state colleges and universities, particularly those who have attained distinction as scholars, teachers and researchers, requires a long-term and permanent commitment from both public and private sources. Private support will help strengthen the commitment of citizens and organizations to the promotion of excellence in higher education and will provide moneys for salaries competitive with those paid to faculty of similar eminence working for this country's leading colleges and universities.
(b) The Legislature further finds that the appropriation of public moneys to attract and retain outstanding faculty and to encourage the commitment of private moneys with a view toward the accumulation of moneys in trust funds for these purposes is a proper annual expense of the state. Therefore, the establishment of an eminent scholars endowment trust fund at each state institution of higher education is a proper means of providing for the advancement of public higher education in this state.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-2. Definition

Whenever the following term is used in this article, it has the meaning described below:
"Board of Governors" or "board" means the institutional boards of Governors, individually or collectively, created pursuant to subsection (b), section one, article two-a of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-4. Powers and Duties of Governing Boards

(a) Each board of Governors is hereby expressly authorized to receive private or public grants, gifts or bequests restricted by the donor to the programs set out in this article. The board may hold, invest or reinvest such moneys and expend the income from the moneys as provided in section five of this article.
(b) Each board is exempt from liability for any loss or decrease in value of the assets or income of the fund, except as losses or decreases in value are shown to be the result of bad faith, gross negligence or intentional misconduct.
(c) For the purpose of valuing assets, a board may use any commonly accepted techniques of appraisal or commonly accepted principles of accounting. No agency of government nor any person, natural or corporate, may charge or collect any fee or receive any part of the principal or income from any appropriation, grant, gift or bequest as a fee for the acquisition or administration of the appropriation, grant, gift or bequest.
(d) A board shall at all times adhere to the terms and limitations of any appropriation, grant, gift or bequest received. However, a board may refuse to receive any grant, gift or bequest which incorporates terms and limitations which it considers to be unacceptable.
(e) A board may, in its sole discretion, borrow money when necessary in order to avoid the untimely sale of assets. At no time, however, may the board incur any debt obligation for such purpose which exceeds twelve months in duration.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-5. Administration of Fund

(a) Each eminent scholars endowment trust fund established at a state institution of higher education pursuant to section three of this article is to be administered by the appropriate board of Governors. The fund at each institution shall consist of new gifts or bequests of private moneys specifically restricted and designated for the uses set out in this article.
(b) Gifts and bequests received after July 1, 2002, and restricted by the donor for use consistent with the purposes of this article constitute the principal in these accounts. The principal in each account may not be expended for any purpose. Each board of Governors shall adopt a spending policy to protect the principal and the purchasing power of the original gift.
(c) Investment earnings accruing in each account during the previous fiscal year may be expended for the purposes set out in this article.
(d) The investment earnings accrued and any matching funds appropriated by the Legislature shall be used solely to supplement the base salaries of faculty who are appointed as eminent scholars after July 1, 2002, and who are selected as set out in this article.
(e) Gifts and bequests constituting the principal in these accounts may not consist of institutional funds or funds or assets received from the institution's affiliated foundation.
(f) For the purpose of encouraging the donation of private moneys to the fund, each board may designate specific chairs or specific areas of academic study or research as subjects of challenge grants. A specific chair, or a chair in a designated academic or research area, shall be established whenever the total amount of principal and accumulated investment earnings dedicated to it reaches an amount considered sufficient by the board to support the anticipated salary supplement for the chair.
(g) Salary supplements awarded under this article shall be in addition to the base contract salary of the faculty member. The base contract salary of the faculty member shall be consistent with that of other similarly situated faculty at the institution with the same rank, experience and field of study and shall be paid from funds other than those constituting the endowment accounts established pursuant to this article, investment earnings authorized for expenditure by the institutions spending policy, or the state appropriation to match the eligible investment earnings.
(h) Nothing in this article may be construed to require any specific level of funding by the Legislature.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-6. Duties of Higher Education Policy Commission

The Higher Education Policy Commission shall:
(a) Establish documentation standards and review procedures to determine the eligibility of donor gifts to participate in the eminent scholars program when the gift is initially received or whenever the terms are significantly changed;
(b) Require that each participating institution report on total gifts received, investment earnings realized and anticipated expenditures in its annual operating budget request;
(c) Annually develop and submit a consolidated budget request for the eminent scholars program to the Governor for the fiscal year beginning on July 1, 2003. The budget request shall include a request for an appropriation by the Legislature to each institutional account each fiscal year in an amount equal to the investment earnings in the previous fiscal year which are intended for use in the fiscal year to supplement the salaries of eminent scholars;
(d) Allocate any funds appropriated by the Legislature among the participating institutions in equal installments at the beginning of each quarter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-7. Process for Preparation of Executive Budget

(a) The Governor shall consider for inclusion in the appropriate account the budget request of the policy commission for the eminent scholars program.
(b) Whether or not the Governor includes the budget request of the policy commission as described in subsection (a) of this section, the Legislature may include an appropriation in the appropriate account.
(c) Nothing in this section shall be construed to require any specific level of funding by the Legislature.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-8. Selection of Eminent Scholars

(a) Each institution shall establish criteria for the selection of persons to be appointed as eminent scholars pursuant to this article. The criteria shall include, but not be limited to:
(1) The prospective appointees' record of distinguished academic or professional work in an appropriate field as judged in national terms and verified by the department or college benefitting from the salary supplement;
(2) The prospective appointees' record of increasing the quality and reputation of academic programs and economic development through new research centers; and
(3) The relevance of prospective appointees' academic or professional work to the economic development goals of the state as defined by the West Virginia council for community and economic development.
(b) Appointees shall submit to peer review at the department or college and any other review procedures that are established by the institution.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-9. Authorization to Solicit Private Moneys; Terms of Grants; Reports; Handling of Moneys

Each institution, and each dean and department chair within each institution, may solicit moneys for the endowment of eminent scholars pursuant to this article. All persons and institutions engaged in soliciting moneys shall apprise the board of their actions and provide periodic reports, at least once each fiscal year, regarding the amounts secured and, upon receipt of any moneys, shall forward them immediately to the board for deposit.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18. Eminent Scholars Endowment Trust Fund Act › §18B-18-10. Other Funds

Effective July 1, 2002, all funds existing in accounts established in the eminent scholars endowment trust fund act and the distinguished professors endowment trust fund act as previously set out in articles twenty-two-a and twenty-two-e, respectively, of chapter eighteen of this code are hereby transferred to the institution for which they were previously designated. Moneys used to fund chairs or professorships established under these two articles shall continue to be used for the purposes and in the manner previously designated. Funds accrued under these two articles may not be transferred to the trust funds established by this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-1. Legislative Findings; Purpose; and Intent

(a) The Legislature finds that the continued expansion of the nation's economy is dependent upon the ability of its institutions of higher education to increase the quality, quantity and productivity of its citizens who are engaged in scientific and technical fields of study. Failure of the United States to compete in these areas may lead to lower standards of living, dependence upon foreign intellectual capital and international insecurity. The economic future of West Virginia is equally dependent upon the ability of Marshall University and West Virginia University, the state's two doctoral-granting, public research universities, as well as its other higher education institutions to promote, educate and train researchers and research support staff in these diverse fields of study.
The Legislature further finds that a recent emphasis on the creation of innovative curricula and the receipt of significant private donations by Marshall University and West Virginia University has led to major expansions in certain areas of study, including energy, national security technology, environmental sciences, health and biomedical sciences, biometrics, biotechnology and nanotechnology. Despite these expansions, the additional investment of both private donations and state moneys is critical to recruiting world-class scientists, researchers, research staff, technicians and professional degree graduates, as well as providing funding for laboratories and scientific equipment.
(b) The purpose of the Legislature in enacting this article is to establish a state fund to be administered by the Higher Education Policy Commission to address the findings outlined in subsection (a) of this section. The fund will make public moneys available to the state's two doctoral-granting public research universities, Marshall University and West Virginia University, and a state land grant higher education institution, West Virginia State University, to match qualified private donations and qualified private donation pledges; thereby creating an incentive for donors to support certain priority areas of study consistent with each participating institution's long-range strategic plan for research. Creation of this fund promotes strategic private donations targeted to specific areas of research and creates a sustainable source of funding for research initiatives that are critical to achieving long-term goals including, but not limited to, the following:
(1) Research-based economic development and economic diversification; and
(2) Increased potential for patenting, licensing and related technology transfer and commercialization of scientific and technological research in the state.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-3. West Virginia Research Trust Fund; Use of Investment Earnings

(a) There is continued in the State Treasury a special fund to be known as the West Virginia Research Trust Fund which shall consist of appropriations of moneys to the fund made by the Legislature, all earnings from investment of the fund and any unmatched portion of state moneys returned by a state institution of higher education.
(b) Expenditures from the trust fund shall be made for the purposes set forth in this article and are not subject to separate appropriation by the Legislature. Any balance in the trust fund at the end of each fiscal year, including accrued investment earnings on any unmatched portion of state moneys returned by a state institution of higher education, does not expire to the General Revenue Fund, but remains in the trust fund to be expended as provided by this article.
(c) In accordance with and subject to the provisions of section eight of this article, the commission shall make available moneys in this account to match qualified donations and qualified pledges as follows:
(1) Sixty-five percent to West Virginia University;
(2) Thirty percent to Marshall University; and
(3) Five percent to West Virginia State University.
(d) Investment earnings accruing in the account may be expended by the commission to provide matching research funds to state colleges in accordance with the provisions of section ten of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-4. Directed Research Endowments

(a) The governing board of each participating institution may create and administer or enter into an agreement with its research corporation and/or foundation to administer one or more directed research endowments to receive qualified donations and matching state moneys allocated for distribution to that institution.
(b) A research endowment consists of qualified donations and
matching moneys distributed by the commission from the trust fund in accordance with the provisions of section eight of this article.
(c) Subject to the following conditions, the governing board of a participating institution or its research corporation may invest moneys deposited into the research endowment either directly or through a foundation subject to the following conditions:
(1) Any interest or other investment earnings on the moneys invested are retained by the participating institution to be used for the purposes set forth in this article;
(2) Any investments authorized by this subsection are made in accordance with and subject to the provisions of the Uniform Prudent Investor Act codified as article six-c, chapter forty-four of this code; and
(3) Any investments authorized by this subsection are not subject to the provisions of section twelve-d, article one, chapter twelve of this code.
(d) Investment earnings accruing to a participating institution's research endowment, hereinafter referred to as endowment proceeds, may be expended by the governing board of the participating institution or its research corporation, subject to the provisions of section six of this article and the following conditions:
(1) Endowment proceeds may be expended only for the eligible uses designated; and
(2) The principal of a research endowment may not be expended for any purpose.
(e) The governing board of a participating institution is exempt from liability for any loss or decrease in value of the assets or income of a directed research endowment, except as losses or decreases in value are shown to be the result of bad faith, gross negligence or intentional misconduct.
(f) The governing board of each participating institution shall promulgate a rule or rules for the administration of research endowments that fulfills the purposes and requirements of this article and section six, article one of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-5. Qualified Private Donations

(a) Private donations and pledges to a research endowment meet the criteria for designation as a qualified donation or qualified pledge under the following conditions:
(1) The donation or pledge is expressly and specifically restricted by the donor for one or more of the eligible uses designated in section six of this article; however, nothing in this subdivision prohibits a participating institution from designating unrestricted gifts or bequests, or any portion thereof, for use as a qualified donation;
(2) The individual donation or pledge is a minimum of $50,000 or is bundled with other qualified donations or qualified pledges to meet the $50,000 threshold; and
(3) Donations or pledges may be accepted from individuals, partnerships, associations, public and private for-profit and nonprofit corporations and nongovernmental foundations.
(b) The following may not be included as a qualified donation or a qualified pledge:
(1) Any donation or pledge received by a participating institution or its affiliated research corporation or foundation prior to the effective date of this article;
(2) Educational and general fees, auxiliary fees or other student fees generated by the participating institution;
(3) Proceeds from promissory notes, bonds, loans or other instruments evidencing an indebtedness or any other obligation of repayment by the governing board to the maker of the instrument;
(4) Any moneys or assets, other than qualified donations or qualified pledges, received from the participating institution's affiliated research corporation or foundation; or
(5) Any other moneys received from the state or federal government.
(c) The president of each participating institution or his or her designee shall make the initial determination of whether a donation or pledge meets the criteria for qualified donations or qualified pledges as set forth in this section. The president shall also provide a report to the governing board at least once each fiscal year regarding the amount of qualified donations and qualified pledges the participating institution has received.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-6. Eligible Uses of Directed Research Endowment Proceeds

(a) Endowment proceeds may be expended by a participating institution or its affiliated research corporation for any of the following designated uses:
(1) To pay the base salaries of newly endowed department chairs, new professorship positions, new research scientists and new research staff positions, including, but not limited to, research technicians and support personnel, and to fund affiliated graduate or undergraduate student research fellowships.
All positions or fellowships shall be engaged primarily in one of the following areas of research:
(A) Energy and environmental sciences;
(B) Nanotechnology and materials science;
(C) Biological, biotechnological and biomedical sciences;
(D) Transportation technology and logistics;
(E) Biometrics, security, sensing and related identification technologies; or
(F) Gerontology; or
(2) To purchase basic infrastructure directly related to an area of research identified in subdivision (1) of this subsection, including, but not limited to, laboratory and scientific equipment, and other essential equipment and materials.
(b) Eligibility criteria regarding the expenditure of directed endowment proceeds to pay the base salaries of personnel, to fund student fellowships and to purchase basic infrastructure shall be established by rules of the commission promulgated pursuant to section eleven of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-7. Directed Research Endowment Plans

(a) To facilitate the goals of this article and to ensure the prudent expenditure of state moneys, the governing board of each participating institution shall submit to the commission a directed research endowment plan.
(b) The research plan shall include, but is not limited to, the following:
(1) An assessment of the participating institution's current research initiatives, including any initiatives falling within an area of research identified in section six of this article;
(2) An analysis of possible strategies to enhance current research initiatives;
(3) An outline of the participating institution's proposed uses of endowment proceeds, including identification of any specific disciplinary hires, collaborations or acquisitions currently under consideration;
(4) A list of proposed uses contained in the research plan including the anticipated costs associated with each proposed use;
(5) An analysis of the anticipated costs compared to the expected endowment proceeds available to the institution;
(6) An evaluation of how the research plan furthers the purposes of this article and addresses the research needs of the institution;
(7) Identification of the proposed uses for which alternative funding sources may be sought to enhance the comprehensive research initiatives contemplated by the participating institution. Alternative funding sources exclude qualified donations, matching moneys from the trust fund and the endowment proceeds generated from the trust fund; and
(8) Notation of the amount allocated for distribution to the participating institution pursuant to section three of this article.
(c) The governing board of each participating institution shall submit its research plan to the commission prior to submitting its first request for a distribution of matching moneys from the trust fund.