Senate Bill No. 154
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
____________
[Introduced January 14, 2004; referred to the Committee on
Education; and then to the Committee on Finance.]
____________
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-14-12; and to
amend said code by adding thereto a new article, designated
§18C-9-1, §18C-9-2, §18C-9-3, §18C-9-4, §18C-9-5, §18C-9-6,
§18C-9-7, §18C-9-8 and §18C-9-9, all relating to the creation
of a distinguished graduate student fellowship program at West
Virginia university and Marshall university; establishing an
endowment trust fund; receiving public and private funding;
investing or reinvesting funds; administration by the board of
governors of the universities; funds shall be used as stipends
for graduate student fellows; creation of standards and review
by the higher education policy commission; creation and
submission of an annual report to the governor; criteria to be
considered when evaluating an applicant; permission to solicit private funding; and creation of a statewide task force on
graduate studies.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-14-12; and to
amend said code by adding thereto a new article, designated
§18C-9-1, §18C-9-2, §18C-9-3, §18C-9-4, §18C-9-5, §18C-9-6,
§18C-9-7, §18C-9-8 and §18C-9-9, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 14. MISCELLANEOUS.
§18B-14-12. Creation of the statewide task force on graduate
study in science, technology, engineering and
mathematics.
(a) There is hereby created a statewide task force on graduate
study in science, technology, engineering and mathematics to
address issues which shall include, but are not limited to, the
following:
(1) Increasing the number of graduate students and
postdoctorates in science, technology, engineering and mathematics,
including the number of women and minority graduate students in
these fields;
(2) Increasing the number of West Virginia undergraduate and
graduate students that receive nationally competitive scholarships and fellowships in science, technology, engineering and
mathematics, such as Goldwater, Howard Hughes, National Science
Foundation and Udall Fellowships;
(3) Increasing the quality of graduate faculty and programs in
science, technology, engineering and mathematics;
(4) Coordinating graduate programs in science, technology,
engineering and mathematics with the goals and objectives of the
state of West Virginia Experimental Program to Stimulate
Competitive Research, the state science and technology advisory
council, the state economic development office, and the Minority
Doctoral Scholar Program of the southern regional education board;
(5) Increasing the quantity and quality of academic research,
as measured by federal and external expenditures for research and
development;
(b) The task force shall be chaired by the chancellor of
higher education and shall be comprised of eleven members selected
as follows: the secretary of education and the arts or his or her
designee; the executive director of the state of West Virginia
Experimental Program to Stimulate Competitive Research; the
executive director of the state development office or his or her
designee; the provosts of Marshall University and West Virginia
University; and five members appointed by the governor who shall
represent academic and business interests. No more than three of the governor's appointees may be non-residents of the state.
(c) Appointments to the task force shall be made so that
members may begin their deliberations no later than the first day
of July, two thousand four.
(d) The task force shall complete its work and report on its
findings to the legislative oversight commission on education
accountability, the higher education policy commission, and the
science and technology advisory council by the first day of
December, two thousand four.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 9. WEST VIRGINIA DISTINGUISHED GRADUATE FELLOWSHIP
PROGRAM.
§18C-9-1. Title.
This article shall be known and cited as the West Virginia
Distinguished Graduate Student Fellowship Program.
§18C-9-2. Findings.
(a) In the year two thousand, West Virginia colleges and
universities enrolled a total of two thousand five hundred
forty-seven graduate students in science and engineering, ranking
the state thirty-eighth in the nation.
(b) In the year two thousand, West Virginia colleges and
universities awarded a total of ninety-four doctorates in science
and engineering, ranking the state fortieth in the nation.
(c) In the year two thousand, West Virginia colleges and
universities appointed a total of forty-seven postdoctorate
students in science and engineering, ranking the state forty-sixth
in the nation.
(d) Increasing the number of graduate and postdoctorate
students in science and engineering fields is an effective strategy
for enhancing West Virginia's research capacity, improving graduate
education, and stimulating economic development.
§18C-9-3. Establishment of funds.
There is hereby established at Marshall University and at West
Virginia University Distinguished Graduate Student Fellowship
Endowment Trust Funds.
§18C-9-4. Powers and duties of governing boards at Marshall
University and West Virginia University.
(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 forth in this article. The board may
hold, invest or reinvest such funds and expend the income from the
funds 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, each board may use any
commonly accepted technique 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) Each 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) Each board may, at 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.
§18C-9-5. Administration of fund.
(a) Each distinguished graduate student fellowship endowment
trust fund established at Marshall University and West Virginia
University 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
funds specifically restricted and designated for the uses set out in this article.
(b) Gifts and bequests received after the first day of July,
two thousand four, 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 purpose set forth in
this article.
(d) The investment earnings accrued and any matching funds
appropriated by the Legislature shall be used solely as stipends
for graduate students who are selected as distinguished graduate
student fellows after the first day of July, two thousand four, and
who are selected as set forth in this article.
(e) For the purpose of encouraging the donation of private
moneys to the endowment fund, each board of governors may designate
specific areas of graduate academic study or research as subjects
of challenge grants.
(f) Nothing in this article may be construed to require any
specific level of funding by the Legislature.
§18C-9-6. Duties of the higher education policy commission.
(a) The higher education policy commission shall establish
documentation standards and review procedures to determine the
eligibility of donor gifts to participate in the distinguished
graduate student fellowship program when the gift is initially
received or whenever the terms of the gift are significantly
changed.
(b) Require that each institution report annually on total
gifts received by the endowment fund, investment earnings realized
and anticipated expenditures in its annual operating budget
request.
(c) Annually develop and submit a consolidated budget request
for the distinguished graduate student fellowship program to the
governor for the fiscal year beginning on the first day of July,
two thousand four. 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 as stipends for distinguished graduate student fellows.
(d) Allocate any funds appropriated by the Legislature among
the institutions at the beginning of each quarter.
(e) Submit to the Legislature no later than the first day of
December of each year an annual report on the status of the
program, the value of endowment holdings, the investment earnings realized, graduate student stipends paid, and the qualifications
and accomplishments of the graduate students selected as
distinguished graduate student fellows.
§18C-9-7. 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 distinguished graduate student fellowship 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.
§18C-9-8. Selection of distinguished graduate student fellows.
(a) Each institution shall establish criteria for the
selection of persons to be appointed as distinguished graduate
student fellows pursuant to this article. The criteria shall
include, but are not limited to, the following:
(1) The candidate's overall postsecondary academic record,
including grades received in math, science and engineering courses
and scores on standardized tests;
(2) The candidate's overall research record, including
participation in externally-funded research projects and authorship or coauthorship of books, chapters or articles in peer-reviewed
journals; and
(3) The relevance of the candidate's academic and research
expertise and experience to the goals and objectives of the state's
experimental program to stimulate competitive research, and the
state's science and technology advisory council.
§18C-9-9. Authorization to solicit private moneys, terms of
grants, reports; handling of moneys.
Each institution, designated in this article, and each dean
and department chair within each institution, may solicit moneys
for the endowment of distinguished graduate student fellows
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.
NOTE: The purpose of this legislation is to create a
statewide task force on graduate studies and to create a
distinguished graduate student fellowship program at West Virginia
University and Marshall University.
§18B-14-12 is a new section; therefore, strike-throughs and
underscoring have been omitted.
§18C-9-1 is a new article; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
