Senate Bill No. 721
(By Senators Plymale, Edgell, Boley, Bowman, Caldwell, Dempsey,
Guills, Harrison, Sprouse, Unger and White)
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[Originating in the Committee on Education;
reported February 27,
2004.]
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A BILL to amend and reenact §18B-12A-2, §18B-12A-3 and §18B-12A-6
of the code of West Virginia, 1931, as amended, all relating
to allowing agreements between a center for economic
development and technology advancement and more than one
doctoral institution; and correcting subdivision reference.
Be it enacted by the Legislature of West Virginia:
That §18B-12A-2, §18B-12A-3 and §18B-12A-6 of the code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
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 one or more state
institution institutions of higher education as defined in
subsection (d), section one, article eight of this chapter.
§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 one or more doctoral
institution institutions. and each
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 each participating doctoral institution or a senior member of the doctoral
institution's administrative staff is a member of the appropriate
governing body;
and
(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.
§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 (B), subdivision
(2) (3), 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.
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