H. B. 3229
Delegates M. Poling, Paxton, Stowers, Ennis, Moye, Shaver,
Williams, Perry, Shott, Sumner and Canterbury
(Originating in the House Committee on Education)
[March 18, 2009]
A BILL 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
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.
(b) The purposes of the Science and Research Council include,
but are not limited to, the following:
(1) To increase the capacity of the state and its state institutions of higher education to attract, implement and utilize
cutting-edge, competitive research funds and infrastructure;
(2) To provide 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 by article eighteen-a of this chapter and the
Research Challenge Fund established in section twelve, article one-
b of this chapter;
(3) To encourage research collaboration among both public and
private institutions of higher education within and outside the
state, as well as with the private sector;
(4) To promote education at all levels in the fields of
science, technology, engineering and mathematics; and
(5) To provide 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 Science and Research Council replaces the EPSCoR State
Advisory Council, and consists of thirteen 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, as chosen by the provost of each institution;
(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; and
(8) Four members appointed by the Governor who have
demonstrated interest, knowledge, skill and experience in academic
research and scientific innovation and possess recognized
credentials and expertise in one or more of the following:
(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.
(10) At least two of the members appointed by the Governor
shall be representatives of business or industry.
(11) Of the initial appointees 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. Thereafter, all terms are for four years.
(d) The Chancellor serves as chair of the Science and Research
(e) Members of the Science and Research Council serve without
compensation, but are entitled to reimbursement by the Commission
for expenses, including travel expenses, that actually are incurred
by the member in the official conduct of business of the Science
and Research Council.
§ 18B-18B-2. Strategic plan; reports.
(a) The Science and Research Council shall develop a strategic
plan for science and technology research in the state to establish
a collaborative process that shall engage all scientific research
resources, both public and private, into a comprehensive, strategic
network. The Council's strategic plan serves as the state plan for
science and technology research.
(b) The strategic plan shall address, at the least, science
and technology research resources and their relation to:
(1) Human and physical infrastructure;
(2) Policy development;
(3) Education and outreach;
(4) Research innovation; and
(5) Economic development.
(c) The Science and Research Council periodically shall reassess the strategic plan and update it as necessary. Any new or
updated strategic plan shall be approved by the Commission prior to
(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 Science and Research Council.
(e) The Science and Research Council shall report to the
Legislative Oversight Commission on Education Accountability by
July 1, 2010, and annually thereafter, on progress in implementing
the strategic plan, as well as any updates to the strategic plan.