SB460 HFA Boggs, White, Canterbury and Ambler 2-28 #1        JHJ

    Delegates Boggs, White, Canterbury and Ambler move to amend the bill on page one, following the enacting section, by striking out the remainder of the bill in its entirety and inserting in lieu thereof the provisions of Committee Substitute for H. B. 4435 to read as follows:

“ARTICLE 1. STATE DEPOSITORIES.

§12-1-12d. Investments by Marshall University, West VirginiaUniversity and West Virginia School of Osteopathic

               Medicine.

    (a) Notwithstanding any provision of this article to the contrary, the governing boards of Marshall University, and West Virginia University and West Virginia School of Osteopathic Medicine each may invest certain funds with its respective nonprofit foundation that has been established to receive contributions exclusively for that university and which exists on

January 1, 2005. The investment is subject to the limitations of

this section.

    (b) A governing board, through its chief financial officer, may enter into agreements, approved as to form by the State Treasurer, for the investment by its foundation of certain funds subject to their administration. Any interest or earnings on the

moneys invested is retained by the investing university.

    (c) Moneys of a university that may be invested with its foundation pursuant to this section are those subject to the administrative control of the university that are collected under

an act of the Legislature for specific purposes and do not include

any funds made available to the university from the State General

Revenue Fund or the funds established in sections eighteen or eighteen-a, article twenty-two, chapter twenty-nine of this code. Moneys permitted to be invested under this section may be aggregated in an investment fund for investment purposes.

    (d) Of the moneys authorized for investment by this section, Marshall University, West Virginia School of Osteopathic Medicine and West Virginia University each, respectively, may have

invested with its foundation at any time not more than the greater

of:

    (1) $18 $60 million for Marshall University, $25 million for West Virginia School of Osteopathic Medicine and $25 $70 million for West Virginia University; or

    (2) Sixty-five percent of its unrestricted net assets as presented in the statement of net assets for the fiscal year end audited financial reports.

    (3) Notwithstanding subdivisions (1) and (2) subdivision (1) of this subsection, with the approval of the Higher Education Policy Commission, Marshall University may increase the amount invested to $60 million and West Virginia University may increase

the amount invested to $70 million.

    (e) Investments by foundations that are authorized under this section shall be 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. As part of its fiduciary

responsibilities, each governing board shall establish investment

policies in accordance with the Uniform Prudent Investor Act for those moneys invested with its foundation. The governing board shall review, establish and modify, if necessary, the investment objectives as incorporated in its investment policies so as to provide for the financial security of the moneys invested with its

foundation. The governing boards shall give consideration to the

following:

         (1) Preservation of capital;

         (2) Diversification;

         (3) Risk tolerance;

         (4) Rate of return;

         (5) Stability;

         (6) Turnover;

         (7) Liquidity; and

         (8) Reasonable cost of fees.

      (f) A governing board shall report annually by December 31

to the Governor and to the Joint Committee on Government and Finance on the performance of investments managed by its foundation

pursuant to this section.

    (g) The amendments to this section in the second extraordinary session of the Legislature in 2010 apply retroactively so that the authority granted by this section shall be construed as if that authority did not expire on July 1, 2010.