West Virginia Code

WVC 5- CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
WVC 5-1C- ARTICLE 1C. SCIENCE AND TECHNOLOGY COUNCIL.

WVC 5 - 1 C- 1 §§5-1C-1 TO 5-1C-5.
Repealed.

Acts, 2003 Reg. Sess., Ch. 197.

WVC 5-1C-2 §5-1C-2. Science and technology advisory council; members, appointment and expenses; appointment, duties, and compensation of director.
(a) (1) The science and technology advisory council created by chapter one hundred twenty, acts of the Legislature, regular session, one thousand nine hundred ninety-six, which is a body corporate and politic, constituting a public corporation and government instrumentality, is hereby abolished and a new science and technology advisory council is created within the office of the governor.

(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.

WVC 5-1C-3 §5-1C-3. Powers and duties of science and technology council.
(a) (1) The council shall consult with the board of trustees of the university system, the board of directors of the college system and with state business leaders in the exercise of its powers and duties, which include, but are not limited to, the following:

(A) Preparation of a comprehensive strategic plan and recommendation of programs in furtherance of the comprehensive strategic plan that will support and foster state science and technology research;

(B) Cooperation with appropriate state spending units to retain and enlarge existing state industries through technology expansion; and

(2) The council may seek public and private research grants and contracts, matching funds and procurement arrangements from the state and federal government, private industry and other agencies, in furtherance of its mission and programs.

(3) The council shall develop an initial comprehensive strategic plan that will support and foster economic growth in science and technology research and development in the state and shall provide the initial plan to the chief technology officer within the office of the governor and the joint committee on government and finance no later than the first day of July, one thousand nine hundred ninety-seven. The initial comprehensive strategic plan shall include, but not be limited to, the following:

(A) A science and technology policy;

(B) The identification of strengths and weaknesses in the basic science resources and research capabilities in the state;

(C) The identification of methods that will coordinate and engender collaborative research efforts between research entities throughout the state, whether public or private;

(D) The designation of areas for potential scientific and technological development, including those related to and having a direct impact upon the economic development of the state;

(E) Recommendations on how to improve and strengthen the partnership between the private sector, institutions of higher education and government;

(F) Recommendations on how to improve the infrastructure for research and research training;

(G) Recommendations on a system to transfer technology to the private sector in the state;

(H) Recommendations on information systems that serve the effectiveness and efficiency of state spending units and higher education and further the overall management goals and purposes of government;

(I) Recommendations on a tracking system for special needs students enrolled in the public schools and state colleges and universities, and the programs and services provided for those students;

(J) Recommendations on legislative changes required to improve the overall science and technology environment in the state; and

(K) Other recommendations on science and technology policy and programs as appropriate.

(4) The strategic plan may be updated and refiled on or before the first day of July of each year. The council shall submit an annual work plan each year beginning the first day of July, one thousand nine hundred ninety-eight, to the chief technology officer and the joint committee on government and finance.

(b) In developing its strategic plan, the science and technology council shall utilize its resources as well as the technical support available to it through the university of West Virginia system, the state college system of West Virginia, the West Virginia development office, the West Virginia experimental program to stimulate competitive research (EPSCoR), federal and state agencies, and other appropriate organizations that have an interest in fostering science and technology research and development in West Virginia.

(c) The council shall undertake to keep abreast of state and national scientific and technological developments and work to establish, foster and successfully conclude university, college and other scientific research projects or clusters.

(d) To reduce and avoid duplication of research work and expenditures, the council shall, as a part of its comprehensive strategic plan, formulate methods that will coordinate and generate collaborative efforts between research entities throughout West Virginia, whether public or private, and foster synergistic relationships among them. Cooperating agencies may contract with the council, as provided in section four of this article, so as to participate in science and technology projects, jointly or through the programs of the council with other participating institutions, government units and private business firms.

WVC 5-1C-4 §5-1C-4. Public-private partnerships; funding.
(a) In furtherance of its mission, the science and technology council is authorized to enter into contracts or joint venture agreements with federal and state agencies; with nonprofit corporations organized pursuant to the corporate laws of this state or other jurisdictions that are qualified under section 501(c)(3) of the Internal Revenue Code; and with other organizations that conduct research, make grants, improve educational programs and work for the scientific, educational or economic development of this state. The chief technology officer within the office of the governor and the council, by a majority vote, shall approve all contracts and joint venture agreements. The council may also enter into contractual agreements for consideration even though the entities are funded from sources other than the state. Members of the council may sit on the boards of directors of any contracting private nonprofit corporation, foundation or firm: Provided, That members of the council are not exempt from any of the provisions of chapter six-b of this code.

(b) The council may receive and accept gifts or grants from private foundations, corporations, individuals, devises and bequests or from other lawful sources. The funds shall be paid into a special account in the state treasury for the use and benefit of the science and technology advisory council.

WVC 5-1C-5 §5-1C-5. Exemptions.
The provisions of this article do not apply to the Legislature or the judiciary.

Note: WV Code updated with legislation passed through the 2012 1st Special Session

Recent legislation affecting the Code

Citation	Year/Session	Short Title
§ 5 - 16 - 7 - (Amended Code)	SENATE BILL - 22 PASSED - Regular Session SB22 SUB1 ENR (Uploaded - 05/07/2013)	Requiring maternity services coverage for all health insurance plan dependents in certain circumstances
§ 5 - 10 - 27 - (Amended Code)	SENATE BILL - 394 PASSED - Regular Session SB394 ENR (Uploaded - 05/07/2013)	Relating to scholarships for dependent children of law-enforcement officers who die in performance of duty
§ 5 - 10 D- 11 - (New Code)	SENATE BILL - 431 PASSED - Regular Session SB431 SUB1 ENR (Uploaded - 05/07/2013)	Relating to public employer liability for delinquent retirement contributions
§ 5 - 16 - 3 - (Amended Code)	SENATE BILL - 458 PASSED - Regular Session SB458 ENR (Uploaded - 05/07/2013)	Permitting PEIA operate Medicare retiree health plan on calendar-year basis
§ 5 - 10 - 14 - (Amended Code) § 5 - 10 - 18 - (Amended Code)	SENATE BILL - 469 PASSED - Regular Session SB469 SUB1 ENR (Uploaded - 05/07/2013)	Clarifying service credit for certain PERS members
§ 5 - 10 - 48 - (Amended Code)	HOUSE BILL - 2469 PASSED - Regular Session hb2469 ENR (Uploaded - 05/07/2013)	Increasing the cap on earnings during temporary reemployment after retirement
§ 5 - 22 - 1 - (Amended Code)	HOUSE BILL - 2716 PASSED - Regular Session HB2716 SUB ENR (Uploaded - 05/07/2013)	Relating to the West Virginia Fairness in Competitive Bidding Act
§ 5 - 10 B- 13 - (Amended Code) § 5 - 10 B- 14 - (New Code)	HOUSE BILL - 2837 PASSED - Regular Session HB2837 SUB ENR (Uploaded - 05/07/2013)	Amending various provisions of the Code affecting the Treasurer's Office

West Virginia Code *

Recent legislation affecting the Code