PRIOR PRINTER'S NO. 3596 PRINTER'S NO. 3628
No. 2559 Session of 2000
INTRODUCED BY HASAY, CALTAGIRONE, GORDNER, STABACK, BASTIAN,
FLICK, BAKER, ROBERTS, KENNEY, GEIST AND SATHER, MAY 16, 2000
AS REPORTED FROM COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 2000
AN ACT
1 Amending the act of July 2, 1993 (P.L.439, No.64), entitled "An
2 act creating the Ben Franklin/IRC Partnership and providing
3 for its powers; establishing the Ben Franklin/IRC Partnership
4 Fund; providing for certification of industrial resource
5 centers, for certification of Ben Franklin technology centers
6 and for certain transfers; and making repeals," further
7 providing for policy, for definitions, for the Ben
8 Franklin/IRC Partnership and Advisory Board, for industrial
9 resource centers, for technology centers, for certification,
10 for grants, for matching funds, for reporting, FOR REPORTS TO <--
11 GENERAL ASSEMBLY, for transfer of functions and for
12 expiration.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, <--
16 16, 18 and 21 AND 16 of the act of July 2, 1993 (P.L.439, <--
17 No.64), known as the Ben Franklin/IRC Partnership Act, are
18 amended to read:
19 Section 2. Legislative findings and policy.
20 (a) Findings.--The General Assembly finds as follows:
21 [(1) A growing base of successful, small-to-medium-sized
22 Commonwealth manufacturing companies is essential to the
1 economic strength and vitality of this Commonwealth.
2 (2) The existence and growth of small-to-medium-sized
3 Commonwealth manufacturing companies depends on the ability
4 of these companies to:
5 (i) Reorient management practices toward modern
6 manufacturing techniques and technologies.
7 (ii) Successfully compete in both domestic and
8 foreign markets.
9 (iii) Identify, bench mark and adopt the best and
10 most efficient practices and technologies.
11 (iv) Locate and hire a trained work force.
12 (3) There is a need to inform the body politic, the
13 press, the academic and business communities and the
14 population at large about the significance of a successful,
15 competitive United States manufacturing industry to the
16 quality of life, security and economic strength.
17 (4) There is a continuing need to promote, stimulate and
18 encourage within this Commonwealth basic and applied
19 scientific research and development and scientific and
20 technological education.
21 (5) University-based consortia between business,
22 universities and government provide these entities with the
23 advanced technology research and development, training and
24 education necessary to diversify this Commonwealth's economy
25 and thereby stimulate this Commonwealth's economic growth.
26 (6) The industrial resource centers were created to
27 support the modernization efforts of this Commonwealth's
28 small-to-medium-sized manufacturing companies through
29 collaborative initiatives and individual projects that apply
30 and deploy advanced manufacturing management and production
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1 philosophies and techniques in such areas as:
2 (i) Production, planning and inventory control.
3 (ii) Quality improvement.
4 (iii) Plant layouts.
5 (iv) Factory and office automation.
6 (v) Technology improvements.
7 (vi) Work force development and other training
8 programs.
9 (vii) Manufacturing strategies.
10 (7) The Ben Franklin technology centers were created to
11 build partnerships and provide direct assistance to help
12 firms develop and creatively apply techniques and related
13 practices to such activities as:
14 (i) Help companies to form and grow through the
15 development and commercialization of innovative products
16 and services.
17 (ii) Help manufacturers to develop and innovatively
18 apply new technologies and practices that make them more
19 competitive in the global market economy.
20 (iii) Facilitate and support consortia of private
21 companies, academic institutions and government agencies
22 to collaboratively advance the state of knowledge and
23 practices.
24 (iv) Facilitate and support the availability of
25 services and collaborative activities throughout this
26 Commonwealth to provide business and technical
27 assistance.
28 (v) Select firms with potential for growth and
29 facilitate and support collaborative activities and
30 individual initiatives designed to address the needs of
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1 manufacturing and technology-oriented companies for a
2 well-trained work force.
3 (b) Policy.--
4 (1) It is hereby declared to be the policy of the
5 Commonwealth to promote the health, safety and general
6 welfare of its inhabitants through its Department of Commerce
7 by:
8 (i) The creation of the Ben Franklin/IRC
9 Partnership, which shall exist for the purpose of
10 promoting competitiveness of Commonwealth companies
11 through interaction of technology development,
12 modernization and training programs.
13 (ii) The certification of industrial resource
14 centers, which shall exist for the purpose of
15 strengthening the competitive position of small-to-
16 medium-sized Commonwealth manufacturing companies through
17 the promotion, demonstration and transmission of modern
18 manufacturing techniques and technologies.
19 (iii) The certification of Ben Franklin technology
20 centers, which shall exist for the purpose of
21 identifying, generating, developing and refining
22 technology innovation opportunities for Commonwealth
23 businesses.]
24 (1) A growing base of companies which leverage advanced
25 technology and innovation to achieve leading positions in
26 their markets and industries is essential to the economic
27 strength and vitality of this Commonwealth in the global,
28 knowledge-based economy.
29 (2) The ability of innovative, advanced technology
30 companies to thrive depends upon the Commonwealth fostering a
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1 strong entrepreneurial business environment with adequate and
2 appropriate people, technology and capital resources and the
3 collaborative capacity to link these elements together in
4 response to market opportunities.
5 (3) A growing base of productive and profitable small-
6 to-medium-sized manufacturing companies is essential to the
7 economic strength and vitality of this Commonwealth.
8 (4) The competitive success of Commonwealth companies
9 depends on the ability of each company to:
10 (i) identify, understand and serve demanding
11 domestic and foreign markets;
12 (ii) employ modern management methods in all aspects
13 of the enterprise;
14 (iii) educate, empower, reward, recruit and retain a
15 skilled work force;
16 (iv) select, implement and optimize the most
17 advanced technologies appropriate to the enterprise;
18 (v) perform as a resourceful supplier and responsive
19 customer; and
20 (vi) master the dynamic requirements for robust
21 participation in electronic business as information
22 technologies transform commerce.
23 (5) There is a need to inform the body politic, the
24 press, the academic and business communities and the
25 population at large about the significance of a successful,
26 competitive United States manufacturing industry and the
27 importance of an entrepreneurial environment to the quality
28 of life, security and economic strength.
29 (6) There is a continuing need to promote, stimulate and
30 encourage within this Commonwealth basic and applied
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1 scientific research and development; scientific and
2 technological education; an appropriate infrastructure to
3 support high risk, technology-oriented entrepreneurship; and
4 a dynamic, cooperative network of organizations dedicated to
5 deploying new technologies and methods to the industrial
6 foundation of this Commonwealth.
7 (7) Consortia and other forms of collaboration between
8 business, associations, universities, nonprofit research
9 institutes and government provide these entities with the
10 advanced technology research and development, training and
11 education, and deployment of technologies and techniques
12 necessary to diversify and grow the economy of this
13 Commonwealth.
14 (8) The industrial resource centers were created to
15 support the modernization efforts of this Commonwealth's
16 manufacturing companies through collaborative initiatives and
17 individual projects which apply and deploy advanced
18 manufacturing management and production philosophies and
19 techniques in such areas as:
20 (i) market analysis and development;
21 (ii) selection, implementation and optimization of
22 available technologies;
23 (iii) production planning and inventory control;
24 (iv) factory and office automation;
25 (v) quality assurance and improvement;
26 (vi) lean manufacturing;
27 (vii) supply chain development;
28 (viii) work force development;
29 (ix) enterprise management; and
30 (x) electronic business and information technology.
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1 (9) The Ben Franklin Technology Partners were created to
2 serve as the Commonwealth's key regional partner to reach out
3 to and assist companies and communities in identifying,
4 developing, adapting and implementing advanced technology and
5 innovation opportunities within an entrepreneurial business
6 environment. The Ben Franklin Technology Partners build
7 partnerships and provide direct assistance to help firms
8 develop and creatively apply techniques and related practices
9 through such activities as:
10 (i) Helping companies to form and grow through the
11 development and commercialization of innovative products
12 and services.
13 (ii) Helping manufacturers to develop and
14 innovatively apply new technologies and practices which
15 make them more competitive in the global market economy.
16 (iii) Facilitating and supporting consortia,
17 initiatives and strategies involving private companies,
18 academic institutions, government agencies and other
19 organizations to collaboratively advance the state of
20 knowledge and practices and the ability of communities to
21 support innovative, advanced technology companies.
22 (iv) Facilitating and supporting the availability of
23 services and collaborative activities throughout this
24 Commonwealth to provide business and technical
25 assistance.
26 (v) Selecting firms with potential for growth and
27 facilitating and supporting collaborative activities and
28 individual initiatives designed to address the needs of
29 manufacturing and technology-oriented companies for a
30 well-trained work force.
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1 (vi) Providing forms of risk and growth capital to
2 technology-based enterprises both directly and through
3 the support and creation of alternative funding
4 mechanisms.
5 (b) Policy.--
6 (1) It is declared to be the policy of the Commonwealth
7 to promote the health, safety and general welfare of its
8 inhabitants through the department by:
9 (i) The creation of the partnership board, which
10 shall exist for the purpose of promoting, stimulating,
11 encouraging and coordinating programs, actions, services
12 and investments which advance the competitiveness of
13 Commonwealth companies in the global economy through
14 innovation; through an entrepreneurial business
15 environment; and through the interaction of technology
16 development, industrial modernization and work force
17 training programs. The partnership board shall be
18 responsible for directing policy development and
19 coordinating the activities of all of the industrial
20 modernization and technology-related programs in this
21 Commonwealth.
22 (ii) The certification of industrial resource
23 centers, which shall exist for the purpose of promoting
24 the competitiveness of Commonwealth manufacturing
25 companies through interaction of technology deployment,
26 market analysis, management modernization, work force
27 development and training programs.
28 (iii) The certification of the partners, which shall
29 serve as the Commonwealth's key regional partner to
30 foster an entrepreneurial environment and to grow
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1 communities of companies and institutions within their
2 regions which leverage advanced technologies and
3 innovation to achieve leading roles in their markets.
4 These purposes are hereby declared to be public purposes for
5 which public money may be spent.
6 (2) It is also the policy of the Commonwealth not to
7 duplicate or to mandate the delivery of technical and
8 professional economic development services currently being
9 provided or those which may be provided in the future by
10 other economic development organizations throughout this
11 Commonwealth.
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 ["Advisory board." The Ben Franklin/IRC Partnership Advisory
17 Board.
18 "Ben Franklin technology center." A nonprofit corporation,
19 incorporated for the purposes of identifying and generating
20 technology innovation opportunities among Commonwealth
21 businesses.]
22 "Ben Franklin Technology Partners." One of four regional
23 nonprofit corporations, incorporated for the purposes of serving
24 as the Commonwealth's key regional partners to reach out to and
25 assist companies and communities in identifying, developing,
26 adapting and implementing advanced technology and innovation
27 opportunities within an entrepreneurial business environment, in
28 collaborating as a Statewide network.
29 "Centers." The Ben Franklin [technology centers] Technology
30 Partners and the industrial resource centers.
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1 "Commonwealth manufacturing company." A Pennsylvania
2 manufacturing company.
3 "Department." The Department of [Commerce] Community and
4 Economic Development of the Commonwealth.
5 "Industrial resource center." A nonprofit corporation,
6 incorporated for the purposes of enhancing and supporting the
7 competitive ability of Commonwealth manufacturers by helping
8 them [take advantage of and benefit from the transmission of
9 production] to identify, assess, select, implement and optimize
10 techniques and technologies.
11 "Manufacturing." The giving of new shapes, new qualities or
12 new combinations to matter by the application of skill and labor
13 thereto.
14 "Partners." The Ben Franklin Technology Partners.
15 "Partnership." The Ben [Franklin/IRC] Franklin Technology
16 Partners/Industrial Resource Centers Partnership.
17 "Partnership board." The board of directors of the Ben
18 [Franklin/IRC] Franklin Technology Partners/Industrial Resource
19 Centers Partnership.
20 "Private sector funds." Monetary or in-kind support from
21 private businesses, corporations, individuals, trade
22 associations, foundations [and], federally and locally supported
23 grant programs and other non-Commonwealth sources.
24 "Secretary." The Secretary of [Commerce] Community and
25 Economic Development of the Commonwealth.
26 ["Small-to-medium-sized Commonwealth manufacturing company."
27 A Pennsylvania manufacturing company which meets the small
28 business size standards established by the United States Small
29 Business Administration.]
30 Section 4. Ben [Franklin/IRC] Franklin Technology
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1 Partners/Industrial Resource Centers Partnership.
2 (a) Creation.--A body corporate and politic, to be known as
3 the Ben [Franklin/IRC] Franklin Technology Partners/Industrial
4 Resource Centers Partnership, is hereby created as a public
5 authority and instrumentality of the Commonwealth. [This
6 authority shall exercise the powers of the Commonwealth as an
7 agency of the Commonwealth.]
8 (b) Members.--The partnership board shall be composed of the
9 following members:
10 (1) The secretary.
11 (2) A representative of the Governor's Office with
12 responsibilities for technology, to be appointed by the
13 Governor.
14 (3) [Five] Ten representatives from the private
15 manufacturing or advanced technology business sector to be
16 appointed by the Governor, at least [two] four of whom [shall
17 be representatives of small-to-medium-sized businesses.] must
18 represent regional Ben Franklin Technology Partners boards
19 and at least four of whom must represent industrial resource
20 center boards. One of these ten should come from the private
21 capital community.
22 [(4) Two representatives from the education sector to be
23 appointed by the Governor, one of whom shall be a president
24 or board member of a four-year college or university and one
25 of whom shall be a president or board member of an
26 institution that provides vocational instruction.]
27 (4) Two representatives from the education sector in
28 positions that are reflective of the programs assigned to the
29 board to be appointed by the Governor.
30 (5) A representative from organized labor to be
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1 appointed by the Governor.
2 [(6) The chairman of the Milrite Council.]
3 (7) Four representatives of the General Assembly
4 appointed as follows:
5 (i) One representative appointed by the President
6 pro tempore of the Senate.
7 (ii) One representative appointed by the Minority
8 Leader of the Senate.
9 (iii) One representative appointed by the Speaker of
10 the House of Representatives.
11 (iv) One representative appointed by the Minority
12 Leader of the House of Representatives.
13 (b.1) Ethics.--
14 (1) No individual who is an officer or employee of the
15 partners, who is an officer or employee of an industrial
16 resource center or who is in a position to benefit
17 financially from any decision or undertaking of the
18 partnership board may be a member of the partnership.
19 (2) Each member under subsection (b)(1), (2) and (7)
20 shall be deemed a "public official" for purposes of 65
21 Pa.C.S. Ch. 11 (relating to ethics standards and financial
22 disclosure).
23 (c) Chair.--The secretary shall chair the partnership board
24 and shall be authorized to designate an officer or employee with
25 broad policy responsibility within the department in accordance
26 with section 6(c) to chair partnership board meetings in his
27 absence.
28 (d) Terms.--
29 (1) The secretary and the representative of the
30 Governor's Office with responsibilities for technology shall,
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1 for as long as they hold their respective positions, serve on
2 the partnership board for terms of four years, the terms to
3 run concurrently with that of the Governor.
4 (2) Those remaining members of the partnership board
5 initially appointed by the Governor shall serve for the
6 following term of years:
7 (i) [Two] Four representatives from the private
8 sector, one representative from the education sector and
9 the labor representative shall serve terms of four years.
10 (ii) [Two] Three representatives from the private
11 sector and one representative from the education sector
12 shall serve for terms of three years.
13 (iii) [One representative] Three representatives
14 from the private sector shall serve a term of two years.
15 (3) The representatives of the General Assembly shall
16 serve terms of two years, such terms to run concurrently with
17 the term of the legislative session.
18 All of their respective successors shall serve for terms of four
19 years or until their respective successors shall be duly
20 appointed by the Governor. Any [member] members appointed to
21 fill a vacancy created otherwise than by expiration of term
22 shall be appointed for the unexpired term of the member whom he
23 is to succeed.
24 (e) Compensation.--The members shall receive no compensation
25 for their services but shall be reimbursed for their expenses
26 actually incurred by them in the performance of their duties
27 under this act.
28 Section 5. Powers and duties of partnership.
29 (a) General rule.--The partnership shall have the following
30 powers and duties:
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1 [(1) To promote, stimulate and encourage competitiveness
2 through interaction of technology development, deployment,
3 modernization and education and training programs.
4 (2) To monitor the development of State and regional
5 plans to maximize coordination and cooperation between the
6 centers.
7 (3) To ensure that the activities of the centers are
8 coordinated to the greatest possible extent with other
9 organizations responsible for these four spheres of business
10 assistance:
11 (i) Technology assistance.
12 (ii) Business finance.
13 (iii) Business development.
14 (iv) Education and training.
15 (4) To coordinate efforts to identify and pursue Federal
16 and State funding opportunities, including opportunities to
17 assist defense-based firms in converting to nondefense
18 activities.]
19 (1) To promote, stimulate, encourage and coordinate
20 programs, actions, services and investments which advance the
21 competitiveness of Commonwealth companies in the global
22 economy through innovation; an entrepreneurial business
23 environment and the interaction of technology development,
24 technology deployment, industrial modernization, market
25 analysis and development; and work force development and
26 training programs.
27 (2) To take responsibility for overall funding <--
28 allocations, direct policy development and foster
29 coordination among all technology-related programs in the
30 Commonwealth.
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1 (3) (2) To advise the Governor and the executive
2 agencies, upon request, concerning matters of science,
3 technology, engineering, innovation, entrepreneurship,
4 industrial modernization and manufacturing competitiveness,
5 which relate to economic growth and the health, safety and
6 welfare of this Commonwealth and its citizens.
7 (4) (3) To monitor the development of State and regional <--
8 plans to advance the economy of this Commonwealth in relation
9 to technology, innovation, an entrepreneurial business
10 environment and manufacturing performance and to promote
11 collaboration between regional entities and Commonwealth
12 agencies in the preparation and execution of such plans.
13 (4.1) (4) To encourage and assist efforts to identify <--
14 and pursue Federal and other funding opportunities,
15 particularly those leading to or supporting Statewide
16 strategic initiatives.
17 (5) To adopt bylaws[, regulations] and guidelines
18 dealing with the organization, meetings, activities and other
19 considerations as it may deem appropriate and consistent.
20 (6) To make contracts of every name and nature and to
21 execute all instruments necessary or convenient for the
22 carrying on of its business.
23 (7) To conduct examinations and investigations on any
24 relevant material for its information.
25 (8) To review the financial and disclosure information
26 submitted by the centers and [request an independent audit of
27 the center's records.] insure that independent audits and
28 regional board oversight are in place which should reasonably
29 be able to detect and respond to any matters of impropriety
30 at the centers.
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1 (9) To appoint subcommittees, as needed.
2 (10) To sue and be sued, implead and be impleaded,
3 complain and defend in all courts.
4 (11) To approve funding allocations to centers and other
5 programs and entities assigned to the board.
6 (12) To accept funds from various sources, including,
7 but not limited to:
8 (i) Separate [State] Commonwealth appropriations to
9 [the Ben Franklin technology centers] programs and
10 entities assigned to the board, including, but not
11 limited to, the Ben Franklin Technology Partners and the
12 industrial resource centers.
13 [(ii) Separate State appropriations to the
14 industrial resource centers.]
15 (iii) Any other State appropriations, Federal funds,
16 funds established under official orders and other
17 statutes, royalties, gifts, grants, bequests, devises and
18 private funds.
19 (13) To comply with Federal legislation and regulations.
20 (b) Debt restriction.--Notwithstanding any other provisions
21 of this act, the partnership shall not have the authority to
22 issue any bonds, notes or any other obligation evidencing a debt
23 or liability of the partnership, the Commonwealth or any of its
24 political subdivisions.
25 Section 6. Partnership board.
26 (a) Organization.--The powers of the partnership shall be
27 exercised by a board consisting of the members of the
28 partnership. Within 90 days after the effective date of this
29 act, the partnership board shall meet and organize. The
30 secretary shall be the chair and chief executive officer. The
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1 partnership board shall elect a secretary and treasurer from
2 their number. At the first meeting in each year thereafter, they
3 shall elect from their number a secretary and treasurer.
4 (b) Quorum.--A majority of the members shall constitute a
5 quorum of the partnership board for the purpose of organizing
6 the partnership and conducting the business thereof, and all
7 action shall be taken by a vote of a majority of the members
8 present, unless specified otherwise in the bylaws of the
9 partnership or in this act. Only members or their designees who
10 are physically present at a meeting or able to participate fully
11 in the deliberations by appropriate telecommunications means
12 shall count toward a quorum of the partnership board.
13 (c) Designees.--Each public officer of the partnership board
14 may designate an officer or employee of the Commonwealth to
15 represent him at meetings of the partnership board. Each
16 designee may lawfully vote and otherwise act on behalf of the
17 member of the partnership board for whom he constitutes the
18 designee. The designation shall be in writing delivered to the
19 partnership and shall continue in effect until revoked or
20 amended in writing delivered to the partnership.
21 (d) Staff services.--The department shall provide an
22 executive director and staff services to the partnership for its
23 administration of this act[, including review of the proposals
24 submitted to the partnership by the advisory board].
25 Section 8. Ben Franklin/IRC Partnership Advisory Board.
26 (a) Creation.--There is hereby created within the department
27 the Ben Franklin/IRC Partnership Advisory Board.
28 (b) Members.--The advisory board shall be composed of the
29 following members:
30 (1) The chair of the board of each industrial resource
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1 center.
2 (2) The chair of the board of each of the Ben Franklin
3 technology centers.
4 (3) The chair of the board of the Economic Planning and
5 Development Council.
6 (4) The State director of the small business development
7 centers.
8 (5) The president of the Pennsylvania Economic
9 Development Association.
10 (c) Chair.--The advisory board shall be chaired by two
11 representatives, one of whom shall be selected by the chairs of
12 the boards of the industrial resource centers and one of whom
13 shall be selected by the chairs of the boards of the Ben
14 Franklin technology centers. These cochairs shall attend and
15 fully participate in the discussions held at all partnership
16 board meetings, in order to convey to the partnership board the
17 views of the advisory board.
18 (d) Votes.--For voting purposes, there shall exist 11 total
19 votes. Four of the votes shall be equally divided among the
20 industrial resource center chairs. Four of the votes shall be
21 equally divided among the Ben Franklin technology center chairs.
22 The three remaining votes shall be equally divided among the
23 chair of the board of the Economic Planning and Development
24 Commission, the State director of the small business development
25 centers and the president of the Pennsylvania Economic
26 Development Association.
27 (e) Term.--All members of the advisory board shall serve for
28 as long as they continue to hold the positions outlined above.
29 (f) Compensation.--The advisory board members shall receive
30 no compensation for their services but shall be reimbursed for
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1 their expenses actually incurred by them in the performance of
2 their duties under this act.
3 (g) Purpose.--The advisory board shall facilitate discussion
4 among the organizations represented to promote better
5 coordination of services and opportunities.
6 (h) Staff support.--The staff to the partnership shall
7 provide staff support to the advisory board.
8 Section 9. Duties of advisory board.
9 The advisory board shall:
10 (1) Make recommendations to the partnership.
11 (2) Issue periodic reports.
12 (3) Sponsor and conduct conferences and studies.
13 (4) Collect and disseminate information.
14 (5) Develop strategies designed to coordinate the
15 efforts of the centers, promote joint funding proposals for
16 each of the centers and develop strategies designed to
17 facilitate the sharing of information and the best and most
18 efficient manufacturing practices.
19 The duties of the advisory board shall not include the review
20 and approval of annual funding proposals and allocations for
21 each of the centers.]
22 Section 10. Industrial resource centers.
23 An industrial resource center shall:
24 (1) Serve manufacturing industries in this Commonwealth.
25 (1.1) Work with companies, such as engineering design,
26 software engineering, accounting, educational corporations
27 and institutions and distribution centers, to help specific
28 manufacturing firms serviced by those companies modernize
29 their manufacturing techniques and technologies.
30 (2) Offer manufacturers comprehensive assistance which
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1 may include, but is not limited to:
2 (i) The capacity to help manufacturing firms
3 evaluate those elements which are critical to their
4 competitive ability, such as [the need for]
5 implementation of commercially available process
6 [technology, the need for] technologies, continuous
7 improvement in quality, development of work force skills
8 and understanding the nature of [existing and future]
9 global markets.
10 (ii) The ability to assist companies in identifying
11 and applying appropriate technologies.
12 (iii) The ability to transmit products and
13 techniques to improve [the] manufacturing [process]
14 processes.
15 (iv) [An information service designed to]
16 Information services which provide manufacturers with
17 practical data on business issues and the availability
18 and capability of commercially available processes and
19 technologies and assistance with implementation.
20 (v) The development of demonstration sites which
21 manufacturers can visit to learn about and evaluate
22 technologies.
23 (vi) Providing manufacturers with services designed
24 to help them better understand [as well as] and apply
25 modern manufacturing techniques and concepts.
26 (vii) Working with the department and other State
27 agencies and local or regional organizations in the
28 implementation of economic development plans.
29 (viii) Providing manufacturers with marketing
30 strategies and assistance in training and [workforce]
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1 work force development.
2 (3) Represent a consortium of interest designed to meet
3 the needs of [industry in its particular region.]
4 manufacturers in their particular regions.
5 (4) Be an independent nonprofit institution overseen by
6 a regional board of directors comprising private industry,
7 economic development organization and university and
8 educational institution representatives, with at least 50%
9 representation from private industry.
10 (5) Complement and cooperate with every other center and
11 [shall] make every effort to share expertise and clientele to
12 develop a strong Statewide network.
13 [Section 11. Ben Franklin technology centers.
14 A Ben Franklin technology center shall:
15 (1) Act to assist companies and regions to identify and
16 develop local technology opportunities which make significant
17 contributions to this Commonwealth's economy.
18 (2) Offer businesses comprehensive assistance which may
19 include, but not be limited to:
20 (i) Development and strengthening of joint research
21 and development efforts, including facilities for
22 advanced technologies activities, equipment, personnel,
23 land and related activities, which will lead to new
24 technologies which will create or preserve jobs.
25 (ii) Providing training and curriculum development
26 related to advanced technology in order to provide a
27 skilled work force to secure employment in advanced
28 technology industries.
29 (iii) Technical assistance and technology transfer
30 activities on an areawide or Statewide basis to transfer
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1 research and development activities into the marketplace.
2 (iv) Assistance through small business incubators,
3 including, but not limited to, space services and
4 technical assistance.
5 (v) Market development, feasibility studies and
6 other activities related to increasing jobs in advanced
7 technology industries.
8 (vi) Staff support for advanced technology councils
9 or other mechanisms to encourage labor, business,
10 university and government linkages in promoting advanced
11 technology industrial diversification.
12 (vii) Facilitate establishment of technology parks,
13 which will serve as locations for facilities devoted to
14 research and development and technology-intensive light
15 manufacturing.
16 (3) Represent a consortium of interest designed to meet
17 the needs of businesses in their particular regions.
18 (4) Be an independent nonprofit institution overseen by
19 a regional board of directors comprising economic
20 development, university and private industry participants,
21 with at least 50% representation from private industry.
22 (5) Complement and cooperate with every other center and
23 shall make every effort to share expertise and clientele to
24 develop a strong Statewide network.]
25 Section 11.1. Ben Franklin Technology Partners.
26 The Ben Franklin Technology Partners shall do all of the
27 following:
28 (1) Serve as the Commonwealth's key regional partners to
29 reach out to and assist companies and communities in
30 identifying, developing, adapting and implementing advanced
20000H2559B3628 - 22 -
1 technology and innovation opportunities within an
2 entrepreneurial business environment.
3 (2) Coordinate and provide comprehensive assistance to
4 the growing base of innovative, advanced technology companies
5 and their communities, examples of which include:
6 (i) Development and strengthening of joint research
7 and development efforts, including facilities for
8 advanced technologies activities, equipment, personnel,
9 land and related activities which will lead to new or
10 improved technologies to create or preserve jobs.
11 (ii) Providing, stimulating and opening access to
12 multiple forms of seed capital and growth financing,
13 which are needed at various stages to support innovative,
14 advanced technology businesses and an entrepreneurial
15 business environment.
16 (iii) Facilitating and supporting education and
17 training activities and innovative approaches which
18 complement and leverage the efforts of primary education
19 providers and programs in order to provide a skilled work
20 force needed by advanced technology industries.
21 (iv) Technical assistance and technology transfer
22 activities on a regional or Statewide basis to transfer
23 research and development activities into the marketplace.
24 (v) Assistance through small business incubators,
25 including space, services and technical assistance.
26 (vi) Market development, market positioning,
27 feasibility studies and other activities related to
28 increasing jobs in innovative, advanced technology
29 industries.
30 (vii) Support for councils or other mechanisms to
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1 encourage labor, business, university and government
2 linkages in promoting advanced technology, technology-
3 based entrepreneurship and industrial diversifications.
4 (viii) Facilitating establishment of technology
5 parks and other site developments which will serve to
6 foster and support the growth and retention of
7 innovative, advanced technology companies in a given
8 community.
9 (3) Represent a consortium of interest designed to meet
10 the needs of innovative, advanced technology businesses in
11 their particular regions by linking people, technology and
12 capital in response to market opportunities.
13 (4) Be independent nonprofit institutions overseen by
14 regional boards of directors comprising economic development,
15 university or nonprofit research institutions and private
16 industry participants, with at least 50% representation from
17 private industry.
18 (5) Complement and cooperate with every other center and
19 make every effort to share expertise and clientele to develop
20 a strong Statewide network.
21 Section 12. Certification.
22 (a) Power to review and certify.--The partnership shall have
23 the power to review and certify all applications for regional
24 industrial resource centers, industry-specific industrial
25 resource centers and [Ben Franklin technology centers] partners.
26 The standards for certification of each type of center shall be
27 developed by the partnership [by regulation].
28 (b) Existing centers.--Centers in existence and in receipt
29 of funds from the department as of the date this act becomes
30 effective are hereby deemed certified.
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1 (c) Modification or revocation.--The partnership shall have
2 the power to certify centers or to modify or revoke their
3 certifications consistent with the [rules and] regulations to be
4 promulgated by the partnership. The partnership also shall have
5 the power to change the number of regions or change the minimum
6 service boundary within a given region. These actions shall
7 require a two-thirds majority vote of the partnership board.
8 Section 13. Applications for and approval of grants to centers.
9 The partnership is hereby authorized to make grants to
10 certified centers[; however, before any grant may be made, the
11 certified center shall submit a funding proposal to the
12 partnership, and the partnership shall determine whether the
13 funding proposal is consistent with the purposes of this act.
14 Approval by the partnership of a certified center's individual
15 research and development or consulting projects or financial
16 assistance will not be required, provided such projects or
17 financial assistance are approved by the board of the certified
18 center and meet the requirements set forth in this act and in
19 regulations and guidelines established by the partnership.] and
20 to monitor that those grants are utilized in compliance with
21 broad policies and guidelines established by the partnership.
22 The certified centers shall submit a funding proposal to the
23 partnership according to guidelines specified by the partnership
24 to facilitate the partnership's oversight. However, once an
25 overall center grant or allocation is made by the partnership,
26 responsibility for specific center strategies, programs,
27 initiatives, projects, staffing and other spending shall rest
28 solely with the center's regional board of directors as long as
29 those activities adhere to the policies and guidelines of the
30 partnership. This sole responsibility of the center boards shall
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1 apply to all funding received by the center from the
2 Commonwealth or derived from Commonwealth funds, such as
3 paybacks, reimbursements, investment returns, fees for services
4 and any other similar forms of income. The centers shall make a
5 full accounting of all such sources and uses of funds to the
6 partnership on an annual basis and upon request.
7 Section 14. Requirement of matching funds.
8 Funds in the form of a grant made to an industrial resource
9 center or to [a Ben Franklin technology center] regional
10 partners by the partnership pursuant to this act shall be
11 matched by private sector funds on a minimum basis to be
12 established by [regulation] the partnership. Private matching
13 funds shall include, but not be limited to, monetary or in-kind
14 support from private businesses, corporations, individuals,
15 trade associations, foundations [and], federally and locally
16 subsidized grants and other forms of non-Commonwealth support.
17 For [Ben Franklin technology centers] partners only, private
18 matching funds shall also include machinery and equipment.
19 [Private matching funds shall not include any fees received by
20 an industrial resource center or a Ben Franklin technology
21 center for direct business services relating to a project
22 subsidized by the partnership or interest accrued on proceeds
23 from any State grant.]
24 Section 16. Reporting requirements.
25 Centers shall be required to annually submit to the
26 partnership the following:
27 (1) The center's current mailing address and telephone
28 number.
29 (2) A copy of the center's current articles of
30 incorporation and bylaws if they are amended during the
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1 previous year.
2 (3) A list of the center's current officers and
3 directors.
4 (4) Financial information as the partnership may
5 [require.] request. However, at a minimum, centers shall
6 submit an independent audit which covers all funds received
7 directly from the Commonwealth and funds derived from
8 Commonwealth support, such as paybacks, reimbursements,
9 investment returns, fees for services, CASH RESERVES, <--
10 INTEREST, RETURN OF DEPRECIATION and any other similar forms
11 of income which result at least partially from initial
12 expenditure of Commonwealth funds. THE AUDIT SHALL INCLUDE <--
13 ALL OF THE COMMUNICATIONS BETWEEN THE AUDITORS AND THE
14 MANAGERS OF THE CENTER. THE AUDIT SHALL BE CONDUCTED IN
15 ACCORDANCE WITH APPROPRIATE GOVERNMENT AUDITING STANDARDS AND
16 SHALL BE A PUBLIC RECORD. THE PARTNERSHIP SHALL PROVIDE
17 COPIES OF ALL AUDITS TO THE DEPARTMENT. Upon request, centers
18 shall also furnish general financial and program information
19 about activities at the center supported entirely by non-
20 Commonwealth sources, such as Federal or foundation grants
21 arranged directly by the center.
22 (5) Disclosure information of the center's officers and
23 directors as the partnership may require to ensure the
24 integrity of this act.
25 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
26 SECTION 16.1. REPORTS TO GENERAL ASSEMBLY.
27 THE PARTNERSHIP SHALL SUBMIT TO THE CHAIRMAN AND THE MINORITY
28 CHAIRMAN OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE OF
29 THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
30 COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE OF THE HOUSE OF
20000H2559B3628 - 27 -
1 REPRESENTATIVES A REPORT SPECIFYING THE ACTIVITIES OF EACH
2 CENTER, WHICH REPORT SHALL DETAIL THE BUDGET OF EACH CENTER, THE
3 INDIVIDUAL PROJECTS AND ACTIVITIES OF EACH CENTER AND THE
4 PROGRESS OF EACH CENTER IN ACHIEVING AND IMPLEMENTING THE GOALS
5 AND POLICIES AS SPECIFIED IN SECTION 2. THE FIRST SUCH REPORT
6 SHALL BE SUBMITTED ON SEPTEMBER 1, 2000, AND REPORTS SHALL
7 THEREAFTER BE SUBMITTED ON THE FIRST DAY OF FEBRUARY AND THE
8 FIRST DAY OF SEPTEMBER OF EACH YEAR. THE CENTERS SHALL SUBMIT
9 SUCH INFORMATION TO THE PARTNERSHIP, AT THE TIME AND IN THE
10 MANNER SPECIFIED BY THE PARTNERSHIP, SO AS TO ENABLE THE
11 PARTNERSHIP TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
12 SECTION 3. SECTIONS 18 AND 21 OF THE ACT ARE AMENDED TO
13 READ:
14 Section 18. Transfers.
15 All allocations, appropriations, equipment, files, records,
16 contracts, agreements, obligations and other materials which are
17 used, employed or expended in connection with the powers, duties
18 or functions of the board of the Ben [Franklin] Franklin/IRC
19 Partnership Fund under the provisions of the act of April 9,
20 1929 (P.L.177, No.175), known as The Administrative Code of
21 1929, [and the department in connection with the industrial
22 resource centers] are hereby transferred to the partnership
23 created by this act with the same force and effect as if the
24 allocations and appropriations have been made to and the items
25 had been the property of the partnership in the first instance
26 and as if the contracts, agreements and obligations had been
27 incurred or entered into by the partnership.
28 Section 21. Sunset.
29 The Ben Franklin/IRC Partnership, together with its statutory
30 functions and duties, shall terminate and go out of existence on
20000H2559B3628 - 28 -
1 December 31, [2000] 2006, unless reestablished or continued by
2 the General Assembly. The Legislative Budget and Finance
3 Committee shall be required to present to the General Assembly a
4 report evaluating the partnership by December 31, [1999] 2005. <--
5 This report shall provide the General Assembly with a
6 recommendation as to whether the partnership is to be continued
7 and, if so, the changes which are suggested by the committee to
8 improve the operation of the partnership.
9 Section 2 4. This act shall take effect in 60 days. <--
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