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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 487 By: Pugh of the Senate
and
Nollan of the House
An Act relating to the Oklahoma Science and
Technology Research and Development Board; amending
74 O.S. 2011, Section 5060.6, which rela tes to board
of directors; modifying membership of board;
appointing chair; establishing length of term;
specifying quorum; and providing an effective date.
AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
"An Act relating to the Oklahoma Science and
Technology Research and Development Board; amending
74 O.S. 2011, Section 5060.6, which relates to board
of directors; modifying membership of board;
appointing chair; specifying member s to serve at the
pleasure of their appointing authority; specifying
quorum; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 5060.6, is
amended to read as follows:
Section 5060.6 A. The board of directors for the Oklahoma
Center for the Advancement of Science and Technology (OCAST) is
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hereby reconstituted as the Oklahoma Science and Technology Research
(OSTRaD) and Development (OSTRaD) Board shall consist of nine (9)
members and shall be comprised as follows:
1. The Director of the Oklahoma Department of Commerce Four
members appointed by the Governor as follows:
a. two members representing a higher education
institution technology transfer office within this
state or a scientist or engineer with extensive
experience managing applied scientific or
technological research, and
b. two members who are or who have served as executive
officers in industries of life sciences, biotech,
autonomous systems, aerospace, energy, information
technology, other emerging technologies or finance ;
2. The Chancellor of the Oklahoma State Regents for Higher
Education Two members appointed by the President Pro Tempore of the
Senate who are or who have served as executive officers in
industries of life sciences, biotech, autonomous systems , aerospace
systems, aerospace, energy, information technology, other emerging
technologies or finance, one of whom resides within this state in a
current U.S. Census Bureau metropolitan statistical area containing
at least five hundred thousand (500,000) residents according to the
most recent Federal Decennial Census and one of whom resides within
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this state and outside the metropolitan statistical areas described
in this paragraph;
3. The president of the University of Oklahoma Two members
appointed by the Speaker of the House of Representatives who are or
who have served as executive officers in industries of life
sciences, biotech, autonomous systems , aerospace systems, aerospace,
energy, information technology, oth er emerging technologies or
finance, one of whom resides within this state in a current U.S.
Census Bureau metropolitan statistical area containing at least five
hundred thousand (500,000) residents according to the most recent
Federal Decennial Census and one of whom resides within this state
and outside the metropolitan statistical areas described in this
paragraph; and
4. The president of Oklahoma State University;
5. The president of one of the regional universities in The
State System of Higher Educ ation designated by the Chancellor;
6. The president of a private Oklahoma university classified by
the Carnegie Foundation as a national doctorate -granting institution
offering graduate engineering degrees to be appointed by the
Governor;
7. The Governor's appointed cabinet Secretary of Agriculture;
8. A member of the House of Representatives, who shall serve as
an ex officio nonvoting member, appointed by the Speaker of the
House of Representatives;
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9. A member of the Senate, who shall serve as an ex officio
nonvoting member, appointed by the President Pro Tempore of the
Senate;
10. Two members, appointed by the Governor, who shall be
engineers or scientists with extensive experience in managing basic
or applied scientific or technological research a t Oklahoma
institutions of higher education, who shall serve terms of four (4)
years; provided that, the two members who possess these
qualifications and are serving on the board of directors of the
Center on July 1, 2002, shall fill these positions on the Oklahoma
Science and Technology Research and Development Board for initial
terms to expire on June 30, 2003;
11. Five members appointed by the Governor who are or who have
served as chief executive officers or senior executive officers of
corporations engaged in information technology, biotechnology,
genetics, other emerging technologies, agriculture, oil and natural
gas, early stage high risk venture capital finance, other
significant Oklahoma industries, or Oklahoma industries that are
potentially significant to the state economy or who are or who have
served as chief executive officers or senior executive officers of a
private nonprofit organization or who are or who have served as
chief executive officers or senior executive officers of foundations
with a history of supporting research and development. Two members
appointed pursuant to this paragraph shall serve initial terms to
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expire on June 30, 2005, and two shall serve initial terms to expire
on June 30, 2006. For the position for which the initia l
appointment begins after July 1, 2005, the initial term shall expire
on June 30, 2009;
12. Four members appointed by the Governor who represent small
business. One appointee shall serve an initial term to expire on
June 30, 2005, and one shall serve an initial term to expire on June
30, 2006. For the two positions for which the initial appointments
begin after July 1, 2005, one appointee shall serve an initial term
to expire on June 30, 2008, and one appointee shall serve an initial
term to expire on June 30, 2009;
13. One member appointed by the Governor who represents rural
Oklahoma. The initial appointee shall serve a term to expire on
June 30, 2004; and
14. Until June 30, 2004, or vacation of the offices, six
members who, before the effective dat e of this act, were appointed
by the Governor and who are serving on the board of directors of
OCAST on July 1, 2002. These positions on the Oklahoma Science and
Technology Research and Development Board shall cease to exist on
June 30, 2004, or when the position is vacated if the vacancy occurs
prior to June 30, 2004. A member of the OCAST board who holds one
of these positions may be appointed to a position described in
paragraphs 9 through 12 of this subsection on the Oklahoma Science
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and Technology Research and Development Board if the member meets
the qualifications for such position.
B. The two legislatively appointed members of the Board shall
be persons of demonstrated knowledge of and commitment to the
advancement of science and technology in Okl ahoma and shall serve at
the pleasure of their respective appointing authority Secretary of
Science and Innovation .
B. The Secretary of Science and Innovation, or a designee of
the Governor, shall serve as chair.
C. In making appointments to the Oklahoma Science and
Technology Research and Development Board, appropriate consideration
shall be given to representation upon the Board by race, gender and
geographical area.
D. Gubernatorial appointees appointed after July 1, 2002, shall
serve four-year terms except for initial terms as provided in this
section. Terms shall expire on June 30. All gubernatorial
appointees shall be subject to confirmation by the Senate. Except
as otherwise provided in this section, any vacancy in board
positions filled by appo intment of the Governor shall be filled for
the unexpired term in the same manner as the original appointment
With the exception of the Secretary of Science and Innovation, all
members shall serve a four-year term at the pleasure of their
appointing authority.
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E. The Board shall elect, annually, a chair who shall be from
the private sector membership of the Board. A vice -chair shall be
elected annually from among all the members of the Board. Persons
elected to the position of chair or vice -chair shall not serve more
than two consecutive terms in said position.
F. The Board shall meet at least once each calendar quarter and
at such other times:
1. Upon call of the chair;
2. Upon call of the chief executive officer of the Center
OSTRaD or the Institute; or
3. Upon written request of a majority of the board members.
G. A majority of the F. Five voting members of the Board shall
constitute a quorum. A quorum of the Board shall be necessary to
transact business. All actions of the board members shall b e made
by a majority of the quorum present . A board member appointed
pursuant to paragraphs 3, 4, 5 or 6 of subsection A of this section
may send a predetermined designee as a representative to board
meetings who may participate with full voting privilege s. All other
board members may send a predetermined designee as a representative
to board meetings who may vote; provided, the designee may vote at
no more than thirty percent (30%) of meetings during a fiscal year.
H. Members of the Board shall be entit led to compensation and
expenses as may be provided in the charter or bylaws of the Board .
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G. The members of the Board shall not be subject to the dual -
office-holding prohibitions set forth in Section 6 of Title 51 of
the Oklahoma Statutes.
I. The Board shall establish an executive committee composed of
the chair, vice-chair, and three (3) additional voting members
chosen by the chair from among the remaining board members. The
executive committee, in intervals between board meetings, may
transact any board business that has been delegated to the executive
committee. A majority of the executive committee shall be necessary
to transact business and all actions of the executive committee
shall be by a majority vote of the committee.
SECTION 2. It being im mediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. "
Passed the House of Repres entatives the 22nd day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 487 By: Pugh of the Senate
and
Nollan of the House
An Act relating to the Oklahoma Science and
Technology Research and Development Board; amending
74 O.S. 2011, Section 5060.6, which relates to board
of directors; modifying membership of board;
appointing chair; establishing length of t erm;
specifying quorum; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 2. AMENDATORY 74 O.S. 2011, Section 5060.6, is
amended to read as follows:
Section 5060.6. A. The board o f directors for the Oklahoma
Center for the Advancement of Science and Technology (OCAST) is
hereby reconstituted as the Oklahoma Science and Technology Research
(OSTRaD) and Development (OSTRaD) Board shall consist of eleven (11)
members and shall be comprised as follows:
1. The Director of the Oklahoma Department of Commerce Two
members appointed by the Governor, with the advice and consent of
the Senate;
2. The Chancellor of the Oklahoma State Regents for Higher
Education Three members appointed by the President Pro Tempore of
the Senate;
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3. The president of the University of Oklahoma Three members
appointed by the Speaker of the House of Representatives ;
4. The president of Oklahoma State University;
5. The president of one of the regional universit ies in The
State System of Higher Education designated by the Chancellor ; Two
members appointed by the Chancellor of The State System of Higher
Education; and
6. The president of a private Oklahoma university classified by
the Carnegie Foundation as a nat ional doctorate-granting institution
offering graduate engineering degrees to be appointed by the
Governor;
7. The Governor's appointed cabinet Secretary of Agriculture;
8. A member of the House of Representatives, who shall serve as
an ex officio nonvot ing member, appointed by the Speaker of the
House of Representatives;
9. A member of the Senate, who shall serve as an ex officio
nonvoting member, appointed by the President Pro Tempore of the
Senate;
10. Two members, appointed by the Governor, who shal l be
engineers or scientists with extensive experience in managing basic
or applied scientific or technological research at Oklahoma
institutions of higher education, who shall serve terms of four (4)
years; provided that, the two members who possess these
qualifications and are serving on the board of directors of the
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Center on July 1, 2002, shall fill these positions on the Oklahoma
Science and Technology Research and Development Board for initial
terms to expire on June 30, 2003;
11. Five members appoin ted by the Governor who are or who have
served as chief executive officers or senior executive officers of
corporations engaged in information technology, biotechnology,
genetics, other emerging technologies, agriculture, oil and natural
gas, early stage high risk venture capital finance, other
significant Oklahoma industries, or Oklahoma industries that are
potentially significant to the state economy or who are or who have
served as chief executive officers or senior executive officers of a
private nonprofit organization or who are or who have served as
chief executive officers or senior executive officers of foundations
with a history of supporting research and development. Two members
appointed pursuant to this paragraph shall serve initial terms to
expire on June 30, 2005, and two shall serve initial terms to expire
on June 30, 2006. For the position for which the initial
appointment begins after July 1, 2005, the initial term shall expire
on June 30, 2009;
12. Four members appointed by the Governor w ho represent small
business. One appointee shall serve an initial term to expire on
June 30, 2005, and one shall serve an initial term to expire on June
30, 2006. For the two positions for which the initial appointments
begin after July 1, 2005, one appo intee shall serve an initial term
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to expire on June 30, 2008, and one appointee shall serve an initial
term to expire on June 30, 2009;
13. One member appointed by the Governor who represents rural
Oklahoma. The initial appointee shall serve a term to ex pire on
June 30, 2004; and
14. Until June 30, 2004, or vacation of the offices, six
members who, before the effective date of this act, were appointed
by the Governor and who are serving on the board of directors of
OCAST on July 1, 2002. These positions on the Oklahoma Science and
Technology Research and Development Board shall cease to exist on
June 30, 2004, or when the position is vacated if the vacancy occurs
prior to June 30, 2004. A member of the OCAST board who holds one
of these positions may be appointed to a position described in
paragraphs 9 through 12 of this subsection on the Oklahoma Science
and Technology Research and Development Board if the member meets
the qualifications for such position.
B. The two legislatively appointed members of the Board shall
be persons of demonstrated knowledge of and commitment to the
advancement of science and technology in Oklahoma and shall serve at
the pleasure of their respective appointing authority
5. The Secretary of Science and Innovation .
B. The Secretary of Science and Innovation shall serve as
chair.
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C. In making appointments to the Oklahoma Science and
Technology Research and Development Board, appropriate consideration
shall be given to representation upon the Board by race, gender and
geographical area.
D. Gubernatorial appointees appointed after July 1, 2002, shall
serve four-year terms except for initial terms as provided in this
section. Terms shall expire on June 30. All gubernatorial
appointees shall be subject to confirmation by the Se nate. Except
as otherwise provided in this section, any vacancy in board
positions filled by appointment of the Governor shall be filled for
the unexpired term in the same manner as the original appointment
With the exception of the Secretary of Science a nd Innovation, all
members shall be appointed for a term of (4) years .
E. The Board shall elect, annually, a chair who shall be from
the private sector membership of the Board. A vice -chair shall be
elected annually from among all the members of the Boar d. Persons
elected to the position of chair or vice -chair shall not serve more
than two consecutive terms in said position.
F. The Board shall meet at least once each calendar quarter and
at such other times:
1. Upon call of the chair;
2. Upon call of the chief executive officer of the Center or
the Institute; or
3. Upon written request of a majority of the board members.
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G. F. A majority of the six voting members of the Board shall
constitute a quorum. A quorum of the Board shall be necessary to
transact business. All actions of the board members shall be made
by a majority of the quorum present . A board member appointed
pursuant to paragraphs 3, 4, 5 or 6 of subsection A of this section
may send a predetermined designee as a representative to boar d
meetings who may participate with full voting privileges. All other
board members may send a predetermined designee as a representative
to board meetings who may vote; provided, the designee may vote at
no more than thirty percent (30%) of meetings duri ng a fiscal year.
H. Members of the Board shall be entitled to compensation and
expenses as may be provided in the charter or bylaws of the Board .
G. The members of the Board shall not be subject to the dual -
office-holding prohibitions set forth in Secti on 6 of Title 51 of
the Oklahoma Statutes.
I. The Board shall establish an executive committee composed of
the chair, vice-chair, and three (3) additional voting members
chosen by the chair from among the remaining board members. The
executive committee, in intervals between board meetings, may
transact any board business that has been delegated to the executive
committee. A majority of the executive committee shall be necessary
to transact business and all actions of the executive committee
shall be by a majority vote of the committee.
SECTION 3. This act shall become effective November 1, 2021.
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Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of ______ ____,
2021.
Presiding Officer of the House
of Representatives