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PAG LIN 1 1 Section 1. Section 15E.153, Code 1995, is amended to read 1 2 as follows: 1 3 15E.153 WALLACE TECHNOLOGY TRANSFER FOUNDATION ESTABLISHED 1 4 &endash; AUTHORIZED CORPORATION. 1 5 A Wallace technology transfer foundation of Iowa is 1 6 established to formulate plans and recommendations for 1 7 commercial application of advanced technologies within the 1 8 state. The foundation shall be incorporated under chapter 1 9 504A. The foundation shall not be regarded as a state agency, 1 10 except for purposes of chapter 17A. A member of the board of 1 11 directors is not considered a state employee, except for 1 12 purposes of chapter 669. A natural person employed by the 1 13 foundation is a state employee for purposes of the Iowa public 1 14 employees' retirement system, state health and dental plans, 1 15 and other state employee benefits plans and chapter 669. 1 16 Chapters 8, 18, 19A, and 20, and other provisions of law that 1 17 relate to requirements or restrictions dealing with state 1 18 personnel or state funds, do not apply to the foundation and 1 19 any employees of the board or the foundation except to the 1 20 extent provided in this chapter. 1 21 Sec. 2. Section 15E.154, subsection 1, paragraph a, Code 1 22 1995, is amended to read as follows: 1 23 a. Nine members appointed by the governor and confirmed by 1 24 the senate pursuant to section 2.32 for the terms determined 1 25 by the board at its first meeting which shall not exceed three 1 26 years. Of these nine members,twoone shall be chosen from 1 27 thethreetwo names submitted by the governing bodies of the 1 28threestatewide labor organizations representing building 1 29 trades and manufacturing employees, one shall be chosen from 1 30 production agriculture, at least one shall be chosen from a 1 31 food processing business, at least one shall be chosen from a 1 32 biotechnology business, and at least two shall be chosen from 1 33 manufacturing businesses.Also, two of these members shall be1 34chosen from businesses with fewer than one hundred employees.1 35 Sec. 3. Section 15E.155, Code 1995, is amended by striking 2 1 the section and inserting in lieu thereof the following: 2 2 15E.155 GENERAL POWERS AND DUTIES. 2 3 The board of directors shall have all the general powers 2 4 needed to carry out its mission and duties including but not 2 5 limited to the following: 2 6 1. To establish policy in the general administration of 2 7 the affairs of the foundation and to employ and direct staff 2 8 or consultants. 2 9 2. To prepare and adopt a strategic plan as defined in 2 10 section 15E.157. 2 11 3. To sue and be sued in its own name. 2 12 4. To adopt a corporate seal. 2 13 5. To adopt bylaws for its management consistent with the 2 14 provisions of this division. 2 15 6. To make and execute agreements, contracts, and other 2 16 instruments, with any public or private entity, including but 2 17 not limited to a state, federal, or other governmental agency. 2 18 7. To perform the following duties: 2 19 a. Employ and direct staff to operate and manage the 2 20 foundation under the direction of the board. 2 21 b. Receive and approve an annual report of the 2 22 foundation's activities and fiscal condition, including: 2 23 (1) Matters relating to operations and accomplishments. 2 24 (2) A summary of receipts and expenditures, in accordance 2 25 with the classifications the board establishes for its 2 26 operating accounts. 2 27 (3) A summary of assets and liabilities and the status of 2 28 special accounts. 2 29 (4) A statement of proposed and projected activities. 2 30 (5) Recommendations to the general assembly. 2 31 (6) An identification of performance goals of the 2 32 foundation and the extent of progress during the reporting 2 33 period in attaining the goals. 2 34 8. To submit an annual report as required under section 2 35 15E.158, not later than November 1 of each year. 3 1 Sec. 4. Section 15E.157, subsection 4, Code 1995, is 3 2 amended by striking the subsection and inserting in lieu 3 3 thereof the following: 3 4 4. The plan shall propose methods to evaluate the scope 3 5 and effectiveness of technology-based economic development 3 6 activities carried out with financial support of the state and 3 7 shall recommend short-term and long-term objectives to guide 3 8 such activities. 3 9 Sec. 5. Section 15E.157, subsection 6, Code 1995, is 3 10 amended by striking the subsection. 3 11 Sec. 6. Section 15E.158, Code 1995, is amended by striking 3 12 the section and inserting in lieu thereof the following: 3 13 15E.158 ANNUAL REPORT. 3 14 The foundation shall make an annual report to the governor, 3 15 the general assembly, the state board of regents, and the 3 16 department of economic development. The annual report shall 3 17 set forth findings of the foundation as follows: 3 18 1. Proposed annual modifications to the strategic plan as 3 19 defined in section 15E.157. 3 20 2. An evaluation of the performance, relative to short- 3 21 term and long-term objectives stated in the strategic plan, of 3 22 technology-based economic development programs and activities 3 23 which received funding from state appropriations, including 3 24 suggested realignment of activities, responsibilities, or 3 25 funding levels among such programs. 3 26 Sec. 7. Section 15E.161, subsection 1, Code 1995, is 3 27 amended to read as follows: 3 28 1.There shall be created by theThe board of directors 3 29 shall create a Wallace technology transfer foundation fund. 3 30 The fund is composed of money appropriated by the general 3 31 assembly for that purpose, and moneys available to and 3 32 obtainedor acceptedby the board under this chapter, 3 33 including money from the United States,other states in the3 34union, foreign nations, state agencies,political 3 35 subdivisions, and private sources, and moneys from fees 4 1 charged under this chapter. 4 2 Sec. 8. Section 15E.161, subsection 4, paragraph b, Code 4 3 1995, is amended to read as follows: 4 4 b. Authorize payment from the fund, from fees and from any 4 5 income received by investment of money in the fund, for costs, 4 6 commissions, attorney fees, and other reasonable expenses 4 7related to and necessary for making and protecting direct4 8loans under this section, and for the recovery of moneys4 9loaned or the management of property acquired in connection4 10with the loans. 4 11 Sec. 9. REPEALS. Sections 15E.152, 15E.159, 15E.160, 4 12 15E.165, and 15E.166, Code 1995, are repealed. 4 13 EXPLANATION 4 14 This bill makes several changes to the Wallace technology 4 15 transfer foundation as follows: 4 16 1. Section 15E.153 is amended to provide that the 4 17 foundation is established to formulate plans and 4 18 recommendations for commercial application of advanced 4 19 technologies within the state. The bill does not change the 4 20 current not-for-profit corporate status of the foundation. 4 21 2. Section 15E.154, regarding the composition of the 4 22 voting members of the board of directors, is amended to 4 23 eliminate one of the two members currently selected from the 4 24 statewide labor organizations representing building trades and 4 25 manufacturing employees and to reduce the number of names 4 26 submitted by those organizations from three to two. The bill 4 27 also eliminates the requirement that two voting members be 4 28 chosen from businesses with fewer than 100 employees. The 4 29 number of voting directors remains at nine. 4 30 3. Section 15E.155, regarding the general powers and 4 31 duties of the board of directors, is amended to eliminate the 4 32 prohibition on foundation staff also being employed by a state 4 33 agency or department. Other general duties and powers of the 4 34 board currently on the nonexclusive list of powers and duties 4 35 are removed by the bill, including funding research projects 5 1 and collecting information on research and technology transfer 5 2 at regents institutions. 5 3 4. Section 15E.157, regarding the strategic plan for 5 4 science and technology development, is amended to eliminate 5 5 the requirement that the plan be formulated in cooperation 5 6 with university-based research consortia, private universities 5 7 and colleges, the community colleges, and private businesses 5 8 and the requirements for certain findings regarding technology 5 9 transfer. 5 10 5. Section 15E.158, regarding the funding of foundation 5 11 activities, is struck and replaced with a provision regarding 5 12 the foundation's annual report. The annual report is required 5 13 to include proposed changes to the strategic plan, and an 5 14 evaluation of the performance of technology-based economic 5 15 development programs and activities which receive state 5 16 funding in relation to the objectives of the strategic plan. 5 17 6. Section 15E.161, regarding the foundation fund, is 5 18 amended to delete a reference to certain receipts of the fund 5 19 including moneys obtained from state agencies, other states, 5 20 or foreign nations. The bill also removes the limitation that 5 21 fund expenditures authorized by the board must be related and 5 22 necessary for making and protecting direct loans by the fund 5 23 and for recovering moneys loaned or managing property acquired 5 24 in connection with the loans. 5 25 7. Sections 15E.152 (mission statement), 15E.159 5 26 (authority to issue bonds and notes), 15E.160 (science and 5 27 technology advisory council), 15E.165 (manufacturing 5 28 technology program), and 15E.166 (regionally based 5 29 manufacturing program) are repealed. 5 30 BACKGROUND STATEMENT 5 31 SUBMITTED BY THE AGENCY 5 32 During the 1995 Session, House File 512 was enacted, 5 33 providing that the Wallace foundation was to make a report by 5 34 December 1, 1995, on a plan regarding restructuring the 5 35 foundation and merging it with the department of economic 6 1 development in fiscal year 1996-1997. 6 2 The foundation has issued that plan as directed. It 6 3 recommends that the foundation remain intact for the purpose 6 4 of continuing the strategic planning process now described in 6 5 section 15E.157 and elsewhere, but to divest its other 6 6 functions. The proposed amendments in this bill are to 6 7 implement those recommendations of the restructuring plan 6 8 pertaining to continuation of the foundation in this limited 6 9 role. The amendments eliminate Code provisions relating to 6 10 current functions of the foundation as a provider of financial 6 11 assistance for technology transfer projects. 6 12 LSB 3434DP 76 6 13 mk/jw/5
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