Senate Bill No. 444
(By Senators Plymale, Jenkins and Beach)
[Introduced March 5, 2013; referred to the Committee on
Education; and then to the Committee on Finance .]
A BILL to
amend and reenact §12-1-12d of the Code of West Virginia,
1931, as amended, relating to increasing the amounts that
Marshall University and West Virginia University may have
invested with their respective foundations under certain
Be it enacted by the Legislature of West Virginia:
That §12-1-12d of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. STATE DEPOSITORIES.
§12-1-12d. Investments by Marshall University and West Virginia
(a) Notwithstanding any provision of this article to the
contrary, the governing boards of Marshall University and West
Virginia University 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.
Any such 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 and West Virginia University each,
respectively, may have invested with its foundation at any time not
more than the greater of:
(1) $18 million for Marshall University and $25 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) of this
subsection, with the approval of the Higher Education Policy
Commission, Marshall University may increase the amount invested to
$30 $60 million and West Virginia University may increase the
amount invested to $40 $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
(1) Preservation of capital;
(3) Risk tolerance;
(4) Rate of return;
(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
shall apply retroactively so
that the authority granted by this section shall be construed as if
that authority did not expire on July 1, 2010.
NOTE: The purpose of this bill is to increase the amounts
that Marshall University and West Virginia University may have
invested with their respective foundations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would