(2) The council shall consist of eleven members who have professional, labor or managerial knowledge in science and technology development and operations and shall be appointed as follows:
(A) The governor shall appoint five members, with the advice and consent of the Senate. No more than three of the five members may belong to the same political party. Three of the five members shall also be from different congressional districts of the state, and, shall provide a broad state geographical distribution of members of the council;
(B) The governor shall appoint one member, with the advice and consent of the Senate, from a list of two persons recommended by the speaker of the House of Delegates;
(C) The governor shall appoint one member, with the advice and consent of the Senate, from a list of two persons recommended by the president of the Senate;
(D) The governor shall appoint two members, with the advice and consent of the Senate, from a list of four persons recommended by the chancellor of the university of West Virginia system;
(E) The governor shall appoint one member, with the advice and consent of the Senate, from a list of two persons recommended by the chancellor of the state college system of West Virginia; and
(F) The governor shall appoint one member, with the advice and consent of the Senate, from a list of two persons recommended by the council for community and economic development.
(b) The terms of the council members first taking office on or after the effective date of this legislation expire as designated by the governor at the time of their appointment, with three terms expiring at the end of the first year, four terms expiring at the end of the second year, and four terms expiring at the end of the third year. As the original appointments expire, each subsequent appointment is for a full three-year term. Any member whose term has expired shall serve until a successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. In cases of any vacancy in the office of a member, the vacancy shall be filled by the governor in the same manner as the original appointment was made.
(c) Members of the council are not entitled to compensation for services performed as members, but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties. A majority of serving members constitutes a quorum for the purpose of conducting business. The governor shall designate a chair, who is not a public official, for a term to run concurrently with the term of office of the member designated as chair. The council shall conduct all meetings in accordance with the open meeting law pursuant to article nine-a, chapter six of this code.
(d) The council shall prepare and publish an annual report of its activities and accomplishments and submit it to the governor and to the legislative joint committee on government and finance on or before the fifteenth day of December of each year.
(e) Each year, the council shall submit to the governor a list of science and technology projects recommended for funding. The projects shall serve to fulfill the policies established by the science and technology strategic plan. The recommendation shall itemize the funds requested and shall identify any expenditures that will be matched by federal funds, or matched by foundation, corporate or by other funds.
(f) The chair of the council also shall serve as the executive director of the council for his or her term of office. He or she shall hold a graduate degree and have professional experience in fields involving science and technology research or development. The expenses of the executive director shall be paid from funds provided by foundation grants, in-kind contributions or other funds obtained pursuant to subsection (b), section four of this article. The executive director shall provide or obtain scientific and technical information to support the administrative work of the council, and to that end may contract with the university system, a nonprofit organization or any state spending unit for research and administrative support.
(g) The executive director of the council shall be available to the governor, the chief technology officer within the office of the governor, the speaker of the House of Delegates and the president of the Senate, to analyze and comment upon proposed legislation and rules which relate to or materially affect state scientific and technical issues.
Note: WV Code updated with legislation passed through the 2012 1st Special Session