SF 104

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                        STATE OF WYOMING  ENGROSSED
                       SENATE FILE NO. SF0104
 Higher education-research funding.
 Sponsored by: Senator(s) Scott, Biteman and Rothfuss and
               Representative(s) Neiman
                                 A BILL
                                   for
1 AN ACT relating to higher education; providing funding for
2 specified research projects at the University of Wyoming;
3 allocating   revenue     generated      by   research    as    specified;
4 specifying conditions and permitted uses for appropriated
5 funds;     authorizing    fundraising  to     support    research
6 projects; requiring nonstate matching funds as specified;
7 creating     an     account;     requiring  reports;    providing
8 appropriations; and providing for an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12Section 1.   W.S. 21-16-2001 is created to read:
13
14ARTICLE 20
15FACULTY RESEARCH PROJECTS
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1
221-16-2001.        Faculty research projects; incentives.
3
4(a)   The university faculty research project account
5 is   created.      All    investment      earnings  from     funds     in   the
6 account shall be credited to the account. Notwithstanding
7 9-2-1008, 9-2-1012(e) or 9-4-207, funds within the account
8 shall not lapse or revert. Funds within the account are
9 continuously        appropriated     to    the        university        and      shall
10 remain    available       for   distribution  as    provided        by     this
11 section.
12
13(b)   The     funds      within     the        account  created       by
14 subsection (a) of this section shall be used to incentivize
15 and fund faculty research projects at the University of
16 Wyoming by providing funds for:
17
18(i)    The      acquisition  of        enhanced  research
19 capabilities,        additional      research-related  equipment        or
20 both;
21
22(ii)    Research projects that interest particular
23 donors   who    have      provided   matching  funds       as   provided      by
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1 subsection (c) of this section and that coincide with the
2 mission of the university;
3
4(iii)        Research       projects    requested        by    Wyoming
5 businesses      that       fit     the    university's      current        research
6 strengths,      regardless  of    whether    the    businesses       provide
7 matching funds for the research;
8
9(iv)        Other    research    projects      specified        by    the
10 university;
11
12(v)     Research        stipends       for    graduate        students
13 assisting with research projects funded, in whole or in
14 part,    with      the    funds     appropriated  from   the      university
15 faculty research project account, where a graduate student
16 shall    receive     a     research      stipend    of    not   more       than    one
17 thousand     five    hundred        dollars    ($1,500.00)  per     month   in
18 addition to the graduate student's regular income. Funds
19 expended under this paragraph shall not require matching
20 funds.
21
22(c)   Except as provided by paragraph (b)(v) of this
23 section, funds appropriated from the account shall only be
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1 expended by the university as matching funds for research
2 projects     under    paragraphs       (b)(i)   through       (iv)   of   this
3 section upon receipt of matching nonstate funds at the rate
4 of one dollar ($1.00) of appropriated funds for not less
5 than one dollar ($1.00) of matching nonstate funds from any
6 person.
7
8(d)   Unless the University of  Wyoming       negotiates an
9 explicit profit distribution model for a research project
10 with the faculty researcher or the university negotiates to
11 retain no percentage or a different percentage of ownership
12 of     any   innovation    or     patent    right,      the    profits     and
13 ownership     from    research    conducted     at    the     University    of
14 Wyoming, in whole or in part, with funds appropriated from
15 the university faculty research project account, shall be
16 distributed as follows:
17
18(i)     Fifteen percent (15%) to the University of
19 Wyoming;
20
21(ii)    Eight‑five    percent      (85%)    to    the   faculty
22 researcher.
23
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1(e)   For purposes of this section, "person" includes
2 an     individual,    partnership,     corporation,      joint    stock
3 company or any other association or entity, excluding all
4 public entities.
5
6(f)   The   University   of   Wyoming   shall   report    to   the
7 joint education interim committee, joint minerals, business
8 and economic development interim committee and the joint
9 appropriations committee not later than October 1, 2027 and
10 not less than annually thereafter on the number of research
11 projects funded in whole or in part by this section, the
12 subjects of the funded research and the amount of money
13 expended on each funded project. The University of Wyoming
14 shall also report on the number of graduate students who
15 received research stipends under paragraph (b)(v) of this
16 section and the amount of money expended on those stipends.
17
18Section 2.
19
20(a)   There   is   appropriated     fifty   million       dollars
21 ($50,000,000.00) from the general fund to the university
22 faculty research project account created by this act. This
23 appropriation shall not be transferred or expended for any
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1 other        purpose.       This       appropriation  shall     not     lapse     or
2 revert,        notwithstanding  W.S.      9-2-1008,  9-2-1012(e)       and
3 9-4-207. It  is     the intent  of the        legislature       that this
4 appropriation not be included in the standard budget for
5 the University of Wyoming for the immediately succeeding
6 fiscal biennium, provided that the University of Wyoming
7 may include this appropriation as an exception request for
8 the immediately succeeding fiscal biennium.
9
10(b)     There      is     appropriated  one    million     two    hundred
11 thousand dollars ($1,200,000.00) from the general fund to
12 the     University  of     Wyoming       for    purposes        of     providing
13 research stipends for graduate students in accordance with
14 W.S. 21-16-2001(b)(v), as created by section 1 of this act.
15 This appropriation shall not be transferred or expended for
16 any    other        purpose      and    any     unexpended,        unobligated        funds
17 remaining from this appropriation shall revert as provided
18 by     law     on    June      30,      2028.    It     is     the    intent     of    the
19 legislature  that     this      appropriation  be     included    in    the
20 standard       budget       of     the    University  of     Wyoming    for    the
21 immediately succeeding fiscal biennium.
22
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1(c)     The appropriations in this section shall not be
2 deemed as part of the University of Wyoming's state aid
3 program as appropriated in the biennial budget bill. Funds
4 within the state aid program appropriated to the university
5 shall    not    be    used   to    match      funds   appropriated     in   this
6 section but may be used for fundraising purposes to raise
7 the necessary matching funds.
8
9Section       3.   This    act    is   effective     immediately     upon
10 completion of all acts necessary for a bill to become law
11 as     provided      by   Article       4,    Section   8   of   the   Wyoming
12 Constitution.
13
14(END)
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