71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. SB 101
 
LC 1819/SB 101-A4
                            Reprinted
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 101
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 25
 
  On page 1 of the printed A-engrossed bill, line 3, after '
348.696' insert 'and section 5, chapter ___, Oregon Laws 2001
(Enrolled Senate Bill 273)'.
  On page 2, delete lines 5 through 12 and insert:
  ' (3) The moneys in the Higher Education Technology Transfer
Fund are continuously appropriated to the Department of Higher
Education for administrative expenses incurred by the department
under sections 1 to 9 of this 2001 Act and for the purposes of
promoting technology transfer programs and activities.'.
  In line 35, after 'Board' insert 'within the Department of
Higher Education'.
  On page 3, line 22, after the period delete the rest of the
line and lines 23 and 24.
  On page 4, after line 14, insert:
  '  { +  SECTION 6b. + } If Senate Bill 273 becomes law, section
6 of this 2001 Act is amended to read:
  '  { +  Sec. 6. + } The Higher Education Technology Transfer
Fund Board shall:
  ' (1) Manage, administer and protect the Higher Education
Technology Transfer Fund.
  ' (2) Accept, manage and control all moneys and other property
given to or appropriated for the use, support or benefit of the
fund.
  ' (3) Be the custodian of any money, securities or other
property that the board accepts as a gift, bequest or devise
under section 7 (4) of this 2001 Act. The board shall hold such
property as trustee for the fund and shall conserve and
administer such property. Except as prohibited by law or
restricted by the terms of the gift, bequest or devise, the board
may sell or exchange such property. The income from such property
shall be credited to the fund.
  ' (4) Establish by rule the criteria by which the board will
determine whether a higher education institution is an eligible
higher education institution.
  ' (5) Annually determine which higher education institutions
are eligible higher education institutions for the following
year.
  ' (6) Periodically disburse a portion of the moneys received
from the fund to eligible higher education institutions as
follows:
  ' (a) An eligible higher education institution shall receive a
share of moneys disbursed under this subsection that is
proportionate to the sponsored research dollars received by the
eligible higher education institution as compared to the total
amount of sponsored research dollars received by all eligible
higher education institutions.
  ' (b) Disbursements under this subsection shall be by grants or
other appropriate disbursements or expenditures, at such times as
 
the board determines appropriate. Board grants or disbursements
may be in gross, in installments or both.
  ' (7) Retain up to 10 percent of the moneys received from the
fund for administering the programs and activities of the board.
  '  { +  (8) Annually report to the Oregon Council for Knowledge
and Economic Development on the goals, activities and operations
of the board and the performance of the fund. + }
  '  { +  SECTION 6c. + } If Senate Bill 273 becomes law, section
6 of this 2001 Act, as amended by section 6b of this 2001 Act, is
amended to read:
  '  { +  Sec. 6. + } The Higher Education Technology Transfer
Fund Board shall:
  ' (1) Manage, administer and protect the Higher Education
Technology Transfer Fund.
  ' (2) Accept, manage and control all moneys and other property
given to or appropriated for the use, support or benefit of the
fund.
  ' (3) Be the custodian of any money, securities or other
property that the board accepts as a gift, bequest or devise
under section 7 (4) of this 2001 Act. The board shall hold such
property as trustee for the fund and shall conserve and
administer such property. Except as prohibited by law or
restricted by the terms of the gift, bequest or devise, the board
may sell or exchange such property. The income from such property
shall be credited to the fund.
  ' (4) Establish by rule the criteria by which the board will
determine whether a higher education institution is an eligible
higher education institution.
  ' (5) Annually determine which higher education institutions
are eligible higher education institutions for the following
year.
  ' (6) Periodically disburse a portion of the moneys received
from the fund to eligible higher education institutions as
follows:
  ' (a) An eligible higher education institution shall receive a
share of moneys disbursed under this subsection that is
proportionate to the sponsored research dollars received by the
eligible higher education institution as compared to the total
amount of sponsored research dollars received by all eligible
higher education institutions.
  ' (b) Disbursements under this subsection shall be by grants or
other appropriate disbursements or expenditures, at such times as
the board determines appropriate. Board grants or disbursements
may be in gross, in installments or both.
  ' (7) Retain up to 10 percent of the moneys received from the
fund for administering the programs and activities of the board.
  '  { - (8) Annually report to the Oregon Council for Knowledge
and Economic Development on the goals, activities and operations
of the board and the performance of the fund. - }
  '  { +  SECTION 6d. + }  { + The amendments to section 6 of
this 2001 Act by section 6c of this 2001 Act become operative on
January 2, 2006. + } ' .
  On page 5, delete lines 29 through 45 and insert:
  '  { +  SECTION 11. + } ORS 348.696 is amended to read:
  ' 348.696. The Education Endowment Fund is established separate
and distinct from the General Fund. Moneys in the fund shall be
invested as provided in ORS 293.701 to 293.790. All  { +
declared + } earnings on moneys in the fund shall be transferred
and appropriated continuously   { - in the following amounts - }
 { +  as follows + }:   { +
  ' (1) All declared earnings from the Oregon Growth Account and
the Oregon Resource and Technology Development Account to the
Higher Education Technology Transfer Fund established in section
2 of this 2001 Act; + }
  '  { - (1) - }  { +  (2) + } 75 percent of   { - the - }
 { + all declared  + }earnings  { + not described in subsection
(1) of this section + } to the Oregon Education Fund established
by ORS 348.716; and
  '  { - (2) - }  { +  (3) + } 25 percent of   { - the - }  { +
all declared  + }earnings  { + not described in subsection (1) of
this section + } to the Oregon Student Assistance Commission for
need grants awarded under ORS 348.260.
  '  { +  SECTION 12. + } ORS 348.696, as amended by sections 13
and 14, chapter 1070, Oregon Laws 1999, is amended to read:
  ' 348.696. The Education Endowment Fund is established separate
and distinct from the General Fund. Moneys in the fund shall be
invested as provided in ORS 293.701 to 293.790. All  { +
declared + } earnings on moneys in the fund shall be transferred
and appropriated continuously   { - in the following amounts - }
 { +  as follows + }:   { +
  ' (1) All declared earnings from the Oregon Growth Account and
the Oregon Resource and Technology Development Account to the
Higher Education Technology Transfer Fund established in section
2 of this 2001 Act; + }
  '  { - (1) - }  { +  (2) + } 75 percent of   { - the - }  { +
all declared  + }earnings  { + not described in subsection (1) of
this section  + }to the Oregon Education Fund established by ORS
348.716; and
  '  { - (2) - }  { +  (3) + } 25 percent of   { - the - }
 { + all declared  + }earnings  { + not described in subsection
(1) of this section  + }to the Oregon Student Assistance
Commission for the Oregon Opportunity Grant program under ORS
348.260.'.
  On page 6, delete lines 1 through 13.
  After line 16, insert:
  '  { +  SECTION 14. + } Section 5, chapter ___, Oregon Laws
2001 (Enrolled Senate Bill 273), is amended to read:
  '  { +  Sec. 5. + } (1) The Oregon Council for Knowledge and
Economic Development shall advise the Governor, the Legislative
Assembly, the State Board of Higher Education, the State Board of
Education, the Oregon Economic and Community Development
Commission, the Oregon Growth Account Board { + , the Higher
Education Technology Transfer Fund Board + } and the Oregon
Resource and Technology Development Board in matters pertaining
to knowledge based economic development in Oregon and the
collaboration of Oregon's higher education, business, industry
and capital resources to promote the following:
  ' (a) High quality research and development;
  ' (b) Private-public models for sharing profit and intellectual
property;
  ' (c) The transfer and commercialization of technology and
knowledge from higher education to the private sector;
  ' (d) A technologically skilled workforce; and
  ' (e) Capital resources for investment in and commercialization
of technology developed by higher education or other research
institutions, including but not limited to national labs and
health care related research entities.
  ' (2) Prior to December 31, 2002, the council shall provide a
progress report to the Governor and to the appropriate interim
legislative committees regarding the status of the council's
mission. The progress report shall also provide recommendations
about:
  ' (a) Increasing high quality research and development in this
state;
  ' (b) Developing successful models for intellectual property
and profit-sharing;
  ' (c) Increasing the transfer and commercialization of
technology and knowledge;
  ' (d) Providing sufficient capital for investment in and
commercialization of technology developed by higher education
institutions or other research institutions, including but not
limited to public, private and university foundations;
  ' (e) Promoting the development of a technologically skilled
workforce;
  ' (f) Reviewing the performance of existing programs that
support technology transfer and commercialization in Oregon,
including but not limited to utilization of federal programs and
funding;
  ' (g) Reviewing the performance and utilization of
philanthropic programs and funding that support technology and
commercialization in Oregon, including but not limited to public,
private and university foundations; and
  ' (h) Continuing the council past its sunset date.
  ' (3) In addition to the report required by subsection (2) of
this section, the council may also provide reports to the
Governor and to the Legislative Assembly as the council
determines necessary.
  ' (4) All legislation recommended by official action of the
council must indicate that it is introduced at the request of the
council. Such legislation shall be prepared in time for
presession filing pursuant to ORS 171.130.'.
  In line 17, delete '14' and insert '15'.
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