Senate
File
2453
-
Introduced
SENATE
FILE
2453
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3180)
A
BILL
FOR
An
Act
providing
for
investment
by
regents
institutions
in
1
certified
innovation
funds
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
262C.1
Findings
and
purpose.
1
1.
Legislative
findings.
The
general
assembly
finds
and
2
declares
all
of
the
following:
3
a.
The
state
of
Iowa
has
established
state-certified
4
innovation
funds
to
promote
the
growth
of
high-potential
5
early-stage
companies,
commercialize
research,
expand
Iowa’s
6
technology
ecosystem,
and
enhance
economic
competitiveness.
7
b.
Iowa’s
three
public
universities
collectively
steward
8
sizeable
endowments
that
support
the
long-term
missions
of
the
9
institutions.
10
c.
A
modest,
risk-appropriate
allocation
of
endowment
11
assets
into
state-certified
innovation
funds
will
do
all
of
the
12
following:
13
(1)
Expand
commercialization
pathways
for
14
institution-developed
technologies.
15
(2)
Increase
research
to
market
conversions.
16
(3)
Strengthen
Iowa’s
innovation
ecosystem.
17
(4)
Generate
economic
benefits
for
communities
throughout
18
Iowa.
19
d.
A
one
percent
allocation
of
endowment
assets
represents
20
a
small,
diversified
portion
of
institution
endowments,
21
consistent
with
commonly
accepted
endowment
investment
22
practices
and
long-term
portfolio
strategies.
23
2.
Purpose.
The
purpose
of
this
chapter
is
to
support
24
economic
growth
in
Iowa
by
requiring
institutions
to
deploy
a
25
limited
portion
of
their
endowment
assets
into
state-certified
26
innovation
funds
while
maintaining
prudent
investment
standards
27
and
fiduciary
responsibility
to
the
endowment
beneficiaries.
28
Sec.
2.
NEW
SECTION
.
262C.2
Definitions.
29
As
used
in
this
chapter,
unless
the
context
otherwise
30
requires:
31
1.
“Board”
means
the
state
board
of
regents.
32
2.
“Endowment
assets”
means
all
pooled,
investable
assets
33
held
for
the
benefit
of
an
institution,
including
but
not
34
limited
to
foundation-managed
endowments,
quasi-endowments,
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long-term
investment
pools,
and
assets
held
subject
to
1
donor-imposed
restrictions.
2
3.
“Innovation
fund”
means
the
same
as
defined
in
section
3
15E.52.
4
4.
“Institution”
means
a
regents
institution
specified
in
5
section
262.7,
subsections
1
through
3.
6
Sec.
3.
NEW
SECTION
.
262C.3
Investment
in
innovation
funds.
7
1.
By
July
1,
2027,
each
institution
shall
ensure
that
8
no
less
than
one
percent
of
its
total
endowment
assets
are
9
invested
in
one
or
more
innovation
funds.
The
one
percent
10
allocation
shall
be
calculated
based
on
the
average
quarterly
11
market
value
of
endowment
assets
for
the
most
recently
12
completed
fiscal
year.
13
2.
An
institution
shall
retain
discretion
to
determine
all
14
of
the
following:
15
a.
Which
innovation
funds
to
invest
in.
16
b.
When
investments
are
made,
subject
to
the
requirements
of
17
this
chapter.
18
c.
The
structure
of
commitments,
provided
that
all
19
investments
comply
with
prudent
investor
standards.
20
3.
An
institution
may
implement
investments
required
by
21
this
chapter
through
any
of
the
following
means:
22
a.
Direct
commitments.
23
b.
Reallocation
of
existing
assets.
24
c.
Rolling
commitments
as
capital
is
called,
provided
full
25
compliance
is
achieved
by
the
date
provided
in
subsection
1.
26
4.
Investments
made
pursuant
to
this
chapter
shall
be
27
managed
in
accordance
with
generally
accepted
institutional
28
fiduciary
standards
applicable
to
endowment
funds.
29
Sec.
4.
NEW
SECTION
.
262C.4
Waiver
——
penalty
for
30
noncompliance.
31
1.
The
board
may
grant
an
institution
a
one-year
waiver
from
32
the
requirements
of
this
chapter
if
adequate
innovation
fund
33
capacity
is
not
available
or
market
conditions
would
materially
34
impair
prudent
investment.
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2.
If
an
institution
fails
to
comply
with
this
chapter
1
without
receiving
a
waiver,
the
board
may
do
any
of
the
2
following:
3
a.
Direct
the
institution
to
carry
out
corrective
action
4
within
a
specified
time
frame.
5
b.
If
the
institution
fails
to
complete
the
corrective
6
action
required
under
paragraph
“a”
within
the
time
frame
7
specified
by
the
board,
withhold
up
to
one-half
of
one
percent
8
of
the
moneys
appropriated
to
the
institution
through
the
9
board
in
the
fiscal
year
until
the
institution
becomes
fully
10
compliant.
11
Sec.
5.
NEW
SECTION
.
262C.5
Reports.
12
1.
Each
institution
shall
submit
an
annual
report
to
the
13
board
that
includes
all
of
the
following:
14
a.
The
total
endowment
assets
held
by
the
institution.
15
b.
The
amount
and
percentage
of
total
endowment
assets
16
invested
in
innovation
funds.
17
c.
The
names
of
innovation
funds
the
institution
is
invested
18
in
and
the
total
commitments
and
capital
deployed
in
each
fund.
19
d.
The
expected
or
realized
economic
impact
in
Iowa
of
the
20
investments.
21
2.
The
board
shall
compile
the
reports
received
pursuant
22
to
subsection
1
and
submit
a
consolidated
annual
report
to
the
23
general
assembly
by
December
1
of
each
year.
24
Sec.
6.
NEW
SECTION
.
262C.6
Standards
for
innovation
funds.
25
Innovation
funds
receiving
investment
under
this
chapter
26
must
support
the
commercialization
of
institution
technologies,
27
spinouts,
or
research-derived
innovations
and
report
such
28
efforts
through
existing
reporting
and
compliance
obligations
29
under
section
15E.52
and
rules
adopted
pursuant
to
that
30
section.
This
section
shall
not
be
construed
to
require
31
additional
reporting
beyond
that
required
under
section
15E.52
32
and
rules
adopted
pursuant
to
that
section.
33
Sec.
7.
NEW
SECTION
.
262C.7
List
of
innovation
funds.
34
The
economic
development
authority
shall
maintain
a
public
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list
of
all
innovation
funds
eligible
for
investment
by
an
1
institution
pursuant
to
this
chapter.
The
authority
shall
2
notify
the
board
of
any
changes
to
the
list.
3
Sec.
8.
NEW
SECTION
.
262C.8
Implementation
and
construction
4
of
chapter.
5
Implementation
of
this
chapter
shall
not
alter
donor
intent
6
and
shall
be
carried
out
in
a
manner
consistent
with
applicable
7
restrictions
and
fiduciary
obligations.
This
chapter
shall
not
8
be
construed
to
alter
donor
intent,
beneficiary
designation,
9
an
institution’s
spending
policy,
or
the
permissible
use
10
of
endowment
distributions.
This
chapter
addresses
only
11
investment
allocation
and
implementation
consistent
with
12
applicable
fiduciary
standards.
13
Sec.
9.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
14
importance,
takes
effect
upon
enactment.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
requires
the
university
of
Iowa,
Iowa
state
19
university,
and
the
university
of
northern
Iowa
(institutions)
20
to
ensure
that
no
less
than
1
percent
of
their
respective
21
total
endowment
assets
are
invested
by
July
1,
2027,
in
one
or
22
more
innovation
funds
certified
by
the
economic
development
23
authority
under
Code
section
15E.52.
24
The
bill
provides
that
each
institution
shall
retain
25
discretion
to
determine
which
innovation
funds
to
invest
in,
26
when
investments
are
made,
and
the
structure
of
commitments.
27
The
bill
authorizes
an
institution
to
implement
investments
28
through
direct
commitments,
reallocation
of
existing
assets,
29
or
rolling
commitments
as
capital
is
called.
Investments
30
made
pursuant
to
the
bill
shall
be
managed
in
accordance
with
31
generally
accepted
institutional
fiduciary
standards
applicable
32
to
endowment
funds.
33
The
bill
authorizes
the
state
board
of
regents
(board)
to
34
grant
an
institution
a
one-year
waiver
from
the
requirements
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of
the
bill
if
adequate
innovation
fund
capacity
is
not
1
available
or
market
conditions
would
materially
impair
prudent
2
investment.
If
an
institution
fails
to
comply
with
the
bill
3
without
receiving
a
waiver,
the
bill
authorizes
the
board
to
4
direct
the
institution
to
carry
out
corrective
action
within
5
a
specified
time
frame,
after
which
the
board
may
withhold
up
6
to
0.5
percent
of
the
moneys
appropriated
to
the
institution
7
through
the
board
in
the
fiscal
year
until
the
institution
8
becomes
fully
compliant.
9
The
bill
requires
each
institution
to
submit
an
annual
10
report
to
the
board
with
specified
content
on
investments
under
11
the
bill
and
requires
the
board
to
submit
a
consolidated
report
12
to
the
general
assembly
by
December
1
of
each
year.
13
The
bill
requires
innovation
funds
receiving
investment
14
under
the
bill
to
support
the
commercialization
of
institution
15
technologies,
spinouts,
or
research-derived
innovations
and
16
report
such
efforts
through
existing
reporting
and
compliance
17
obligations.
18
The
bill
requires
the
economic
development
authority
to
19
maintain
a
public
list
of
all
innovation
funds
eligible
for
20
investment
by
an
institution
and
notify
the
board
of
any
21
changes
to
the
list.
22
The
bill
includes
standards
for
implementation
and
23
construction
of
the
bill
relating
to
donor
intent
and
other
24
matters.
25
The
bill
takes
effect
upon
enactment.
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