(b) Definitions. – Solely for the purposes of this article, the following words and phrases have the meanings ascribed to them.
- (1) "Directed research endowment" or "research endowment" means an account established at or administered by a participating institution or its affiliated research corporation or foundation in accordance with the provisions of section four of this article;
- (2) "Directed research endowment plan" or "research plan" means the strategies and procedures formally approved and adopted by a governing board of a participating institution pursuant to section seven of this article outlining how a participating institution proposes to use directed research endowment proceeds to meet established goals and objectives;
- (3) "Directed research endowment proceeds" or "endowment proceeds" means those investment earnings accruing to a participating institution's directed research endowment and available for expenditure by a participating institution or its affiliated research corporation in accordance with the provisions of section four of this article;
- (4) "Trust fund" means the special account designated as the West Virginia Research Trust Fund established in section three of this article;
- (5) "Participating institution" means Marshall University, West Virginia University or West Virginia State University;
- (6) "Qualified private donation" or "qualified donation" means a private donation, gift or bequest to a directed research endowment that meets the criteria set forth in section five of this article;
- (7) "Qualified private donation pledge" or "qualified pledge" means a pledge, commitment or other agreement to give a private donation to a directed research endowment that is made pursuant to a written agreement between the donor and the institution or its affiliated research corporation or foundation and that meets the criteria set forth in section five of this article;
(8) "Foundation" means a corporation created, organized and located in West Virginia that meets the following conditions:
- (A) Is organized and operated for educational purposes in support of one or more state institutions of higher education;
- (B) Is designated by the board of governors of one or more state institutions of higher education to receive charitable contributions for educational purposes on behalf of the institution or institutions;
- (C) Does not have any part of its earnings inuring to the benefit of a private shareholder or individual;
- (D) Is not disqualified from tax exemption under 26 U.S.C. §501(c)(3) for any reason; and
- (E) Does not participate or intervene in, on behalf of or in opposition to any political campaigns for public office;
- (9) "Research corporation" means an organization created pursuant to the provisions of article twelve of this chapter; and
- (10) "State college" means the West Virginia School of Osteopathic Medicine, Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University or West Liberty University.