Enrolled Version - Final Version
House Bill 3229 History
H. B. 3229
Delegates M. Poling, Paxton, Stowers, Ennis, Moye, Shaver,
Williams, Perry, Shott, Sumner and Canterbury
[Passed April 8, 2009; in effect July 1, 2009.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18B-18B-1 and 18B-
18B-2, all relating to creation of the Science and Research
Council; establishing purposes; providing for membership
appointments, qualifications, and terms of office; providing
that the council replaces the EPSCoR Advisory Council;
requiring development of a strategic state plan for science
and technology research; and requiring annual reports to the
Legislative Oversight Commission on Education Accountability.
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 article, designated §18B-18B-1 and 18B-18B-
2, all to read as follows:
ARTICLE 18B. SCIENCE AND RESEARCH COUNCIL.
§18B-18B-1. Science and Research Council established; purposes.
(a) The Science and Research Council is hereby established.
For the purposes of this article only, "council" means the Science
and Research Council established herein.
(b) The purposes of the council include, but are not limited
to, the following:
(1) Increasing the capacity of the state and state
institutions of higher education to attract, implement and use
cutting-edge, competitive research funds and infrastructure;
(2) Providing expertise and policy guidance in science and
research to the state, its agencies and state institutions of
higher education regarding federal programs such as the
Experimental Program to Stimulate Competitive Research ("EPSCoR")
and similar state programs such as the West Virginia Research Trust
Fund established in article eighteen-a of this chapter and the
Research Challenge Fund established in section twelve, article one-
b of this chapter;
(3) Encouraging research collaboration among public and
private institutions of higher education and the private sector,
both within and outside the state;
(4) Promoting education at all levels in the fields of
science, technology, engineering and mathematics; and
(5) Providing recommendations to the Commission and state
policymakers, including the Governor and Legislature, regarding
science and research initiatives and effective programmatic
activities, budgets and investments to implement those initiatives.
(c) The council replaces the EPSCoR State Advisory Council and
consists of fifteen members as follows:
(1) The vice presidents in charge of research at Marshall
University and West Virginia University;
(2) A representative of health sciences at Marshall University
and a representative of health sciences at West Virginia
University, appointed by the deans of the respective schools of
(3) The Secretary of Education and the Arts or designee;
(4) The State Superintendent of Schools or designee;
(5) The Secretary of Commerce or designee;
(6) The Vice Chancellor for Science and Research of the
(7) The Chancellor of the Commission who chairs the council;
(8) One member engaged in applied research at Marshall
University and one member engaged in applied research at West
Virginia University, appointed by the provosts of the respective
(9) Four members, appointed by the Governor, who have
demonstrated interest, knowledge, skill and experience in academic
research and scientific innovation and who possess recognized
credentials and expertise in one or more of the following areas:
(A) Science, technology, engineering or mathematics ("STEM")
(B) Cyberinfrastructure, information technology or computer
(C) Research and development;
(D) Technology based economic development or industry; or
(E) Undergraduate research or science education.
At least two of the members appointed by the Governor shall be representatives of business or industry.
(d) Of the initial appointments made by the Governor, one
member shall be appointed to a one-year term; one member shall be
appointed to a two-year term; one member shall be appointed to a
three-year term; and one member shall be appointed to a four-year
term. Of the initial appointments made by the deans of schools of
medicine, the member appointed by the dean of the Marshall
University School of Medicine shall be appointed to a two-year
term, and the member appointed by the dean of the West Virginia
University School of Medicine shall be appointed to a three-year
term. Of the initial appointments made by the provosts, the member
appointed by the West Virginia University provost shall be
appointed to a two-year term, and the member appointed by the
Marshall University provost shall be appointed to a four-year term.
(e) After the initial appointments, all members serve terms of
four years. Each appointed member who qualifies under the
provisions of this section may serve for no more than two
successive terms. An appointment to fill a vacancy on the council
or reappointment of a member who is eligible to serve an additional
term is made in accordance with the provisions of this section.
(f) Members of the council serve without compensation, but are
entitled to reimbursement by the commission for expenses, including
travel expenses, actually incurred by the member in the official
conduct of the business of the council.
§ 18B-18B-2. Strategic plan; reports.
(a) The council shall develop a strategic state plan for science and technology research that establishes a collaborative
process to engage all scientific research resources, both public
and private, in a comprehensive, strategic network. The council's
strategic state plan serves as the state plan for science and
(b) At a minimum, the strategic plan shall address science and
technology research resources and their relation to the following
areas of research:
(1) Human and physical infrastructure;
(2) Policy development;
(3) Education and outreach;
(4) Research innovation; and
(5) Economic development.
(c) Periodically, the council shall reassess the strategic
state plan and update it as needed. Any new or updated strategic
state plan shall be approved by the commission prior to becoming
(d) The EPSCoR Advisory Council's current "Vision 2015: The
West Virginia Science and Technology Strategic Plan" serves as the
state plan for science and technology research until a plan is
approved by the council.
(e) The council shall report to the Legislative Oversight
Commission on Education Accountability by July 1, 2010, and
annually thereafter, on progress in implementing the strategic
state plan, as well as any updates to the plan.