COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 154
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Originating in the Committee on Education;
reported February 25, 2004.]
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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 creating the
distinguished graduate student fellowship program;
establishing endowment trust funds; providing definitions;
receiving public and private funding; investing or reinvesting
funds; providing for administration and use of funds;
specifying powers and duties of higher education policy
commission; providing for standards and review; requiring
annual reports; providing evaluation criteria for applicant
selection; authorizing governing boards to solicit private funds; and creating 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 include, but are not limited to, the
following:
(1) Increasing the number of graduate students and post-
doctorates 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 who 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
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; and
(5) Increasing the quantity and quality of academic research,
as measured by federal and external expenditures for research and
development.
(b) The task force is chaired by the chancellor of higher
education and is comprised of ten additional members selected as
follows:
(1) The secretary of education and the arts or designee;
(2) The executive director of the West Virginia experimental
program to stimulate competitive research;
(3) The executive director of the West Virginia development
office or designee;
(4) The chief academic officers of Marshall University and
West Virginia University; and
(5) Five members appointed by the governor who represent academic and business interests. Of the appointments made by the
governor, at least three are 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 and recommendations 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; definitions.
(a) This article is known and may be cited as the West
Virginia Distinguished Graduate Student Fellowship Program.
(b) For the purposes of this article,
(1) "Trust fund" or "trust funds" means the distinguished
graduate student fellowship endowment trust fund;
(2) "Institution" or "institutions" means Marshall university
and West Virginia university, either singly or jointly; and
(3) "Fellowship program" means the West Virginia Distinguished
Graduate Student Fellowship Program established pursuant to this
article.
§18C-9-2. Legislative findings.
(a) For the year two thousand, statistics for West Virginia
colleges and universities show the following:
(1) A total of two thousand five hundred forty-seven graduate
students enrolled in science and engineering, ranking the state
thirty-eighth in the nation;
(2) A total of ninety-four doctorates in science and
engineering awarded, ranking the state fortieth in the nation; and
(3) A total of forty-seven post-doctorate students in science
and engineering appointed, ranking the state forty-sixth in the
nation.
(b) In view of these statistics, the Legislature finds that it
is in the best interest of the people of West Virginia to increase
the number of graduate and post-doctorate students in science and
engineering fields as an effective strategy to enhance the research
capacity, improve graduate education, and stimulate economic
development in the state. Therefore, the Legislature hereby
establishes the West Virginia distinguished graduate student
fellowship program at Marshall university and at West Virginia
university.
§18C-9-3. Establishment of funds.
There is hereby established at Marshall university and at West
Virginia university each, a distinguished graduate student
fellowship endowment trust fund.
§18C-9-4. Powers and duties of Marshall university and West
Virginia university governing boards.
(a) The board of governors of Marshall university and West
Virginia university each 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 or 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) At all times, each board shall adhere to the terms and
limitations of any appropriation, grant, gift or bequest received.
A board may refuse to receive any grant, gift or bequest which
incorporates terms and limitations that it considers unacceptable.
(e) At its sole discretion, each board may 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) The trust funds established at Marshall University and
West Virginia University pursuant to section three of this article
are administered by the board of governors at each institution.
Each trust fund consists 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 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 may 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.
(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.
§18C-9-6. Duties of the higher education policy commission.
The higher education policy commission has the following
powers and duties related to the fellowship program:
(a) To establish documentation standards and review procedures
to determine the eligibility of donor gifts for participation in
fellowship program when the gift is initially received or when the
terms of the gift are significantly changed;
(b) To ensure that the annual operating budget request for
each institution includes the total amount of gifts received by the
trust fund, the amount of investment earnings realized, and the
anticipated expenditures;
(c) To develop and submit to the governor an annual
consolidated budget request for the fellowship program 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. Nothing in this article
requires any specific level of funding by the Legislature.
(d) To allocate any funds appropriated by the Legislature
between the institutions at the beginning of each quarter; and
(e) To submit to the Legislature no later than the first day
of December of each year a 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 the budget request of the
policy commission for inclusion in the appropriate account for the
fellowship program.
(b) The Legislature may include an appropriation in the
appropriate account, regardless of the governor's action on the
budget request submitted by the policy commission as described in
subsection (a) of this section.
(c) Nothing in this section requires 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. For each candidate, the
criteria shall include, but are not limited to, the following:
(1) The overall postsecondary academic record including grades received in math, science and engineering courses and scores on
standardized tests;
(2) The overall research record, including participation in
externally-funded research projects and authorship or co-authorship
of books, chapters or articles in peer-reviewed journals; and
(3) The relevance of academic and research expertise and
experience to the goals and objectives of the West Virginia
experimental program to stimulate competitive research, and the
West Virginia science and technology advisory council.
§18C-9-9. Authorization to solicit private moneys, terms of
grants, reports; handling of moneys.
(a) Each institution and each dean and department chair within
each institution, may solicit moneys for the endowment of the
fellowship program pursuant to this article. All persons and
institutions engaged in soliciting moneys shall apprise the
appropriate governing board of their actions and provide periodic
reports, at least once each fiscal year, regarding the amounts
secured.
(b) When any moneys are received, they shall be forwarded
immediately to the appropriate governing board for deposit in the
trust fund of that institution.
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.
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