An Act ENROLLED 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; specifying member s to serve at the pleasure of their appointing authority; specifying quorum; and declaring an emergency. SUBJECT: Oklahoma Science and Technology Research and Dev elopment Board 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 Advanceme nt of Science and Technology (OCAST) is 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 Depa rtment 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 ENR. S. B. NO. 487 Page 2 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 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 t his 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 pri vate Oklahoma university classified by the Carnegie Foundation as a national doctorate -granting institution offering graduate engineering degrees to be appointed by the Governor; ENR. S. B. NO. 487 Page 3 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; 9. A member of the Senate, who shall serve as an ex officio nonvoting member, appointed by the President Pro Te mpore 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 serv e 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 B oard 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 m embers 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 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 po sitions for which the initial appointments begin after July 1, 2005, one appointee shall serve an initial term ENR. S. B. NO. 487 Page 4 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 a re 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 Okl ahoma and shall serve at the pleasure of their respect ive 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 Boa rd, 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 ENR. S. B. NO. 487 Page 5 members shall serve a four-year term at the pleasure of their appointing authority. 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 p osition. 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 predet ermined 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 p rovided 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 Section 6 of Title 51 of the Oklahoma Statutes. I. The Board shall establish an executive committee com posed 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 th e executive ENR. S. B. NO. 487 Page 6 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 immediately 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. ENR. S. B. NO. 487 Page 7 Passed the Senate the 4th day of May, 2021. Presiding Officer of the Senate Passed the House of Representatives the 22nd day of April, 2021. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this _______ _____________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _______________________________ __ Approved by the Governor of the State of Oklahoma this _____ ____ day of _________________ __, 20_______, at _______ o'clock _______ M. _________________________ ________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: _______________________________ __