SENATE AMENDED
        PRIOR PRINTER'S NOS. 1987, 2033, 2146         PRINTER'S NO. 2369

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1709 Session of 1993


        INTRODUCED BY GORDNER, LESCOVITZ, COLAIZZO, ROONEY, BATTISTO,
           COY, WOZNIAK, KENNEY, MARKOSEK, VEON, ITKIN, LINTON, FAJT,
           McCALL, LaGROTTA, SANTONI, MUNDY, ROBERTS, PRESTON, KASUNIC,
           STURLA, ALLEN, FLICK, DENT, CESSAR, HASAY, HANNA AND RUDY,
           MAY 28, 1993

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 23, 1993

                                     AN ACT

     1  Creating the IRC/Ben Franklin BEN FRANKLIN/IRC Partnership and    <--
     2     providing for its powers; establishing the IRC/Ben Franklin    <--
     3     BEN FRANKLIN/IRC Partnership Fund; providing for               <--
     4     certification of industrial resource centers, for
     5     certification of Ben Franklin technology centers and for
     6     certain transfers; and making repeals.

     7                         TABLE OF CONTENTS
     8  Section 1.  Short title.
     9  Section 2.  Legislative findings and policy.
    10  Section 3.  Definitions.
    11  Section 4.  IRC/Ben Franklin BEN FRANKLIN/IRC Partnership.        <--
    12  Section 5.  Powers and duties of partnership.
    13  Section 6.  Partnership board.
    14  Section 7.  Fund.
    15  Section 8.  IRC/Ben Franklin BEN FRANKLIN/IRC Partnership         <--
    16                 Advisory Board.
    17  Section 9.  Duties of advisory board.
    18  Section 10.  Industrial resource centers.

     1  Section 11.  Ben Franklin technology centers.
     2  Section 12.  Certification.
     3  Section 13.  Applications for and approval of grants to centers.
     4  Section 14.  Requirement of matching funds.
     5  Section 15.  Records.
     6  Section 16.  Reporting requirements.
     7  Section 17.  Rules and regulations.
     8  Section 18.  Transfers.
     9  Section 19.  References.
    10  Section 20.  Repeals.
    11  Section 21.  Sunset.
    12  Section 22.  Effective date.
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15  Section 1.  Short title.
    16     This act shall be known and may be cited as the IRC/Ben        <--
    17  Franklin BEN FRANKLIN/IRC Partnership Act.                        <--
    18  Section 2.  Legislative findings and policy.
    19     (a)  Findings.--The General Assembly finds as follows:
    20         (1)  A growing base of successful, small-to-medium-sized
    21     Commonwealth manufacturing companies is essential to the
    22     economic strength and vitality of this Commonwealth.
    23         (2)  The existence and growth of small-to-medium-sized
    24     Commonwealth manufacturing companies depends on the ability
    25     of these companies to:
    26             (i)  Reorient management practices toward modern
    27         manufacturing techniques and technologies.
    28             (ii)  Successfully compete in both domestic and
    29         foreign markets.
    30             (iii)  Identify, bench mark and adopt the best and
    19930H1709B2369                  - 2 -

     1         most efficient practices and technologies.
     2             (iv)  Locate and hire a trained work force.
     3         (3)  There is a need to inform the body politic, the
     4     press, the academic and business communities and the
     5     population at large about the significance of a successful,
     6     competitive United States manufacturing industry to the
     7     quality of life, security and economic strength.
     8         (4)  There is a continuing need to promote, stimulate and
     9     encourage within this Commonwealth basic and applied
    10     scientific research and development and scientific and
    11     technological education.
    12         (5)  University-based consortia between business,
    13     universities and government provide these entities with the
    14     advanced technology research and development, training and
    15     education necessary to diversify this Commonwealth's economy
    16     and thereby stimulate this Commonwealth's economic growth.
    17         (6)  The industrial resource centers were created to
    18     support the modernization efforts of this Commonwealth's
    19     small-to-medium-sized manufacturing companies through
    20     collaborative initiatives and individual projects that apply
    21     and deploy advanced manufacturing management and production
    22     philosophies and techniques in such areas as:
    23             (i)  Production, planning and inventory control.
    24             (ii)  Quality improvement.
    25             (iii)  Plant layouts.
    26             (iv)  Factory and office automation.
    27             (v)  Technology improvements.
    28             (vi)  Work force development and other training
    29         programs.
    30             (vii)  Manufacturing strategies.
    19930H1709B2369                  - 3 -

     1         (7)  The Ben Franklin technology centers were created to
     2     build partnerships and provide direct assistance to help
     3     firms develop and creatively apply techniques and related
     4     practices to such activities as:
     5             (i)  Help companies to form and grow through the
     6         development and commercialization of innovative products
     7         and services.
     8             (ii)  Help manufacturers to develop and innovatively
     9         apply new technologies and practices that make them more
    10         competitive in the global market economy.
    11             (iii)  Facilitate and support consortia of private
    12         companies, academic institutions and government agencies
    13         to collaboratively advance the state of knowledge and
    14         practices.
    15             (iv)  Facilitate and support the availability of
    16         services and collaborative activities throughout this
    17         Commonwealth to provide business and technical
    18         assistance.
    19             (v)  Select firms with potential for growth and
    20         facilitate and support collaborative activities and
    21         individual initiatives designed to address the needs of
    22         manufacturing and technology-oriented companies for a
    23         well-trained work force.
    24     (b)  Policy.--It is hereby declared to be the policy of the    <--
    25     (B)  POLICY.--                                                 <--
    26         (1)  IT IS HEREBY DECLARED TO BE THE POLICY OF THE
    27     Commonwealth to promote the health, safety, morals and         <--
    28     general welfare of its inhabitants through its Department of
    29     Commerce by:
    30             (1) (I)  The creation of the IRC/Ben Franklin BEN      <--
    19930H1709B2369                  - 4 -

     1         FRANKLIN/IRC Partnership, which shall exist for the
     2         purpose of promoting competitiveness of Commonwealth
     3         companies through interaction of technology development,
     4         modernization and training programs.
     5             (2) (II)  The certification of industrial resource     <--
     6         centers, which shall exist for the purpose of
     7         strengthening the competitive position of small-to-
     8         medium-sized Commonwealth manufacturing companies through
     9         the promotion, demonstration and transmission of modern
    10         manufacturing techniques and technologies.
    11             (3) (III)  The certification of Ben Franklin           <--
    12         technology centers, which shall exist for the purpose of
    13         identifying, generating, developing and refining
    14         technology innovation opportunities for Commonwealth
    15         businesses.
    16     These purposes are hereby declared to be public purposes for
    17     which public money may be spent.
    18         (2)  IT IS ALSO THE POLICY OF THE COMMONWEALTH NOT TO      <--
    19     DUPLICATE OR TO MANDATE THE DELIVERY OF TECHNICAL AND
    20     PROFESSIONAL ECONOMIC DEVELOPMENT SERVICES CURRENTLY BEING
    21     PROVIDED OR THOSE WHICH MAY BE PROVIDED IN THE FUTURE BY
    22     OTHER ECONOMIC DEVELOPMENT ORGANIZATIONS THROUGHOUT THIS
    23     COMMONWEALTH.
    24  Section 3.  Definitions.
    25     The following words and phrases when used in this act shall
    26  have the meanings given to them in this section unless the
    27  context clearly indicates otherwise:
    28     "Advisory board."  The IRC/Ben Franklin BEN FRANKLIN/IRC       <--
    29  Partnership Advisory Board.
    30     "Ben Franklin technology center."  A nonprofit corporation,
    19930H1709B2369                  - 5 -

     1  incorporated for the purposes of identifying and generating
     2  technology innovation opportunities among Commonwealth
     3  businesses.
     4     "Centers."  The Ben Franklin technology centers and the
     5  industrial resource centers.
     6     "Department."  The Department of Commerce of the
     7  Commonwealth.
     8     "Industrial resource center."  A nonprofit corporation,
     9  incorporated for the purposes of enhancing and supporting the
    10  competitive ability of Commonwealth manufacturers by helping
    11  them take advantage of and benefit from the transmission of
    12  production techniques and technologies.
    13     "Manufacturing."  The giving of new shapes, new qualities or
    14  new combinations to matter by the application of skill and labor
    15  thereto.
    16     "Partnership."  The IRC/Ben Franklin BEN FRANKLIN/IRC          <--
    17  Partnership.
    18     "Partnership board."  The board of directors of the IRC/Ben    <--
    19  Franklin BEN FRANKLIN/IRC 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.
    24     "Secretary."  The Secretary of Commerce of the Commonwealth.
    25     "Small-to-medium-sized Commonwealth manufacturing company."
    26  A Pennsylvania manufacturing company which meets the small
    27  business size standards established by the United States Small
    28  Business Administration.
    29  Section 4.  IRC/Ben Franklin BEN FRANKLIN/IRC Partnership.        <--
    30     (a)  Creation.--A body corporate and politic, to be known as
    19930H1709B2369                  - 6 -

     1  the IRC/Ben Franklin BEN FRANKLIN/IRC Partnership, is hereby      <--
     2  created as a public authority and instrumentality of the
     3  Commonwealth. This authority shall exercise the powers of the
     4  Commonwealth as an agency of the Commonwealth.
     5     (b)  Members.--The partnership shall be composed of the
     6  following members:
     7         (1)  The secretary.
     8         (2)  A representative of the Governor's Office with
     9     responsibilities for technology to be appointed by the
    10     Governor.
    11         (3)  Five representatives from the manufacturing or
    12     advanced technology business sector to be appointed by the
    13     Governor, at least two of whom shall be representatives of
    14     small-to-medium-sized businesses.
    15         (4)  Two representatives from the education sector to be
    16     appointed by the Governor, one of whom shall be a president
    17     or board member of a four-year college or university and one
    18     of whom shall be a president or board member of an
    19     institution that provides vocational instruction.
    20         (5)  A representative from organized labor to be
    21     appointed by the Governor.
    22         (6)  The chairman of the Milrite Council.
    23         (7)  Four representatives of the General Assembly
    24     appointed as follows:
    25             (i)  One representative appointed by the President
    26         pro tempore of the Senate.
    27             (ii)  One representative appointed by the Minority
    28         Leader of the Senate.
    29             (iii)  One representative appointed by the Speaker of
    30         the House of Representatives.
    19930H1709B2369                  - 7 -

     1             (iv)  One representative appointed by the Minority
     2         Leader of the House of Representatives.
     3     (c)  Chair.--The secretary shall chair the partnership board
     4  and shall be authorized to designate an officer or employee
     5  within the department in accordance with section 6(c) to chair
     6  partnership board meetings in his absence.
     7     (d)  Terms.--
     8         (1)  The secretary and the representative of the
     9     Governor's Office with responsibilities for technology shall,
    10     for as long as they hold their respective positions, serve on
    11     the partnership board for terms of four years, the terms to
    12     run concurrently with that of the Governor.
    13         (2)  Those remaining members of the partnership board
    14     initially appointed by the Governor shall serve for the
    15     following term of years:
    16             (i)  The two representatives from the private sector,
    17         one representative from the education sector and the
    18         labor representative shall serve terms of four years.
    19             (ii)  Two representatives from the private sector and
    20         one representative from the education sector shall serve
    21         for terms of three years.
    22             (iii)  One representative from the private sector
    23         shall serve a term of two years.
    24         (3)  The representatives of the General Assembly shall
    25     serve terms of two years, such terms to run concurrently with
    26     the term of the legislative session.
    27  All of their respective successors shall serve for terms of four
    28  years or until their respective successors shall be duly
    29  appointed by the Governor. Any member appointed to fill a
    30  vacancy created otherwise than by expiration of term shall be
    19930H1709B2369                  - 8 -

     1  appointed for the unexpired term of the member whom he is to
     2  succeed.
     3     (e)  Compensation.--The members shall receive no compensation
     4  for their services but shall be reimbursed for their expenses
     5  actually incurred by them in the performance of their duties
     6  under this act.
     7  Section 5.  Powers and duties of partnership.
     8     (a)  General rule.--The partnership shall have the following
     9  powers and duties:
    10         (1)  To promote, stimulate and encourage competitiveness
    11     through interaction of technology development, deployment,
    12     modernization and education and training programs.
    13         (2)  To monitor the development of State and regional
    14     plans to maximize coordination and cooperation between the
    15     centers.
    16         (3)  To ensure that the activities of the centers are
    17     coordinated to the greatest possible extent with other
    18     organizations responsible for these four spheres of business
    19     assistance:
    20             (i)  Technology assistance.
    21             (ii)  Business finance.
    22             (iii)  Business development.
    23             (iv)  Education and training.
    24         (4)  To coordinate efforts to identify and pursue Federal
    25     and State funding opportunities, including opportunities to
    26     assist defense-based firms in converting to nondefense
    27     activities.
    28         (5)  To adopt bylaws, regulations and guidelines dealing
    29     with the organization, meetings, activities and other
    30     considerations as it may deem appropriate and consistent.
    19930H1709B2369                  - 9 -

     1         (6)  To make contracts of every name and nature and to
     2     execute all instruments necessary or convenient for the
     3     carrying on of its business.
     4         (7)  To conduct examinations and investigations on any
     5     relevant material for its information.
     6         (8)  To review the financial and disclosure information
     7     submitted by the centers and request an independent audit of
     8     the center's records.
     9         (9)  To appoint subcommittees, as needed.
    10         (10)  To sue and be sued, implead and be impleaded,
    11     complain and defend in all courts.
    12         (11)  To approve funding allocations to centers.
    13         (12)  To accept funds from various sources, including,
    14     but not limited to:
    15             (i)  Separate State appropriations to the Ben
    16         Franklin technology centers.
    17             (ii)  Separate State appropriations to the industrial
    18         resource centers.
    19             (iii)  Any other State appropriations, Federal funds,
    20         royalties, gifts, grants, bequests, devises and private
    21         funds.
    22         (13)  To comply with Federal legislation and regulations.
    23     (b)  Debt restriction.--Notwithstanding any other provisions
    24  of this act, the partnership shall not have the authority to
    25  issue any bonds, notes or any other obligation evidencing a debt
    26  or liability of the partnership, the Commonwealth or any of its
    27  political subdivisions.
    28  Section 6.  Partnership board.
    29     (a)  Organization.--The powers of the partnership shall be
    30  exercised by a board consisting of the members of the
    19930H1709B2369                 - 10 -

     1  partnership. Within 90 days after the effective date of this
     2  act, the partnership board shall meet and organize. The
     3  secretary and his successor in office shall be the chair and      <--
     4  chief executive officer. The partnership board shall elect a
     5  secretary and treasurer from their number. At the first meeting
     6  in each year thereafter, they shall elect from their number a
     7  secretary and treasurer.
     8     (b)  Quorum.--A majority of the members shall constitute a
     9  quorum of the partnership board for the purpose of organizing
    10  the partnership and conducting the business thereof, and all
    11  action shall be taken by a vote of a majority of the members
    12  present, unless specified otherwise in the bylaws of the
    13  partnership or in this act. Only members or their designees who
    14  are physically present at a meeting shall count toward a quorum
    15  of the partnership board.
    16     (c)  Designees.--Each public officer of the partnership board
    17  may designate an officer or employee of the Commonwealth to
    18  represent him at meetings of the partnership board. Each
    19  designee may lawfully vote and otherwise act on behalf of the
    20  member of the partnership board for whom he constitutes the
    21  designee. The designation shall be in writing delivered to the
    22  partnership and shall continue in effect until revoked or
    23  amended in writing delivered to the partnership.
    24     (d)  Staff services.--The department shall provide an
    25  executive director and staff services to the partnership for its
    26  administration of this act, including review of the proposals
    27  submitted to the partnership by the advisory board.
    28  Section 7.  Fund.
    29     (a)  Establishment.--There is hereby established in the State
    30  Treasury a special fund to be known as the IRC/Ben Franklin BEN   <--
    19930H1709B2369                 - 11 -

     1  FRANKLIN/IRC Partnership Fund into which shall be deposited any
     2  State appropriations to the centers, any other State
     3  appropriations for a purpose related to this act, Federal funds,
     4  royalties, gifts, grants, bequests, devises, private funds and
     5  funds from any other source for the purposes of this act. Funds
     6  appropriated by the General Assembly for the Ben Franklin
     7  Partnership Program will be used solely for the Ben Franklin
     8  Partnership Program and funds appropriated by the General
     9  Assembly for the Industrial Resource Centers will be used solely
    10  for the Industrial Resource Centers. Any other moneys, including
    11  Federal funds, which are earmarked for a specific program or
    12  purpose must be allocated to that program or purpose.
    13     (b)  Appropriation of moneys.--Moneys in the fund, including
    14  Federal funds, are hereby appropriated out of the fund with the   <--
    15  approval of the Governor MUST BE ANNUALLY APPROPRIATED BY THE     <--
    16  GENERAL ASSEMBLY for the purposes set forth in this act.
    17  Section 8.  IRC/Ben Franklin BEN FRANKLIN/IRC Partnership         <--
    18                 Advisory Board.
    19     (a)  Creation.--There is hereby created within the department
    20  the IRC/Ben Franklin BEN FRANKLIN/IRC Partnership Advisory        <--
    21  Board.
    22     (b)  Members.--The advisory board shall be composed of the
    23  following members:
    24         (1)  The chair of the board of each industrial resource
    25     center.
    26         (2)  The chair of the board of each of the Ben Franklin
    27     technology centers.
    28         (3)  The chair of the board of the Economic Planning and
    29     Development Council.
    30         (4)  The State director of the small business development
    19930H1709B2369                 - 12 -

     1     centers.
     2         (5)  The president of the Pennsylvania Economic
     3     Development Association.
     4     (c)  Chair.--The advisory board shall be chaired by two
     5  representatives, one of whom shall be selected by the chairs of
     6  the boards of the industrial resource centers and one of whom
     7  shall be selected by the chairs of the boards of the Ben
     8  Franklin technology centers. These cochairs shall attend and
     9  fully participate in the discussions held at all partnership
    10  board meetings, in order to convey to the partnership board the
    11  views of the advisory board.
    12     (d)  Votes.--For voting purposes, there shall exist 11 total
    13  votes. Four of the votes shall be equally divided among the
    14  industrial resource center chairs. Four of the votes shall be
    15  equally divided among the Ben Franklin technology center chairs.
    16  The three remaining votes shall be equally divided among the
    17  chair of the board of the Economic Planning and Development
    18  Commission, the State director of the small business development
    19  centers and the president of the Pennsylvania Economic
    20  Development Association.
    21     (e)  Term.--All members of the advisory board shall serve for
    22  as long as they continue to hold the positions outlined above.
    23     (f)  Compensation.--The advisory board members shall receive
    24  no compensation for their services but shall be reimbursed for
    25  their expenses actually incurred by them in the performance of
    26  their duties under this act.
    27     (g)  Purpose.--The advisory board shall facilitate discussion
    28  among the organizations represented to promote better
    29  coordination of services and opportunities.
    30     (h)  Staff support.--The staff to the partnership shall
    19930H1709B2369                 - 13 -

     1  provide staff support to the advisory board.
     2  Section 9.  Duties of advisory board.
     3     The advisory board shall:
     4         (1)  Make recommendations to the partnership.
     5         (2)  Issue periodic reports.
     6         (3)  Sponsor and conduct conferences and studies.
     7         (4)  Collect and disseminate information.
     8         (5)  Develop strategies designed to coordinate the
     9     efforts of the centers, promote joint funding proposals for
    10     each of the centers and develop strategies designed to
    11     facilitate the sharing of information and the best and most
    12     efficient manufacturing practices.
    13  The duties of the advisory board shall not include the review
    14  and approval of annual funding proposals and allocations for
    15  each of the centers.
    16  Section 10.  Industrial resource centers.
    17     An industrial resource center shall:
    18         (1)  Serve manufacturing industries in this Commonwealth.
    19         (2)  Offer manufacturers comprehensive assistance which
    20     may include, but is not limited to:
    21             (i)  The capacity to help manufacturing firms
    22         evaluate those elements which are critical to their
    23         competitive ability, such as the need for implementation
    24         of process technology, the need for continuous
    25         improvement in quality and understanding the nature of
    26         existing and future global markets.
    27             (ii)  The ability to assist companies in identifying
    28         and applying appropriate technologies.
    29             (iii)  The ability to transmit products and
    30         techniques to improve the manufacturing process.
    19930H1709B2369                 - 14 -

     1             (iv)  An information service designed to provide
     2         manufacturers with practical data on the availability and
     3         capability of commercially available processes and
     4         technologies.
     5             (v)  The development of demonstration sites which
     6         manufacturers can visit to learn about and evaluate
     7         technologies.
     8             (vi)  Providing manufacturers with services designed
     9         to help them better understand as well as apply modern
    10         manufacturing techniques and concepts.
    11             (vii)  Working with the department and other State
    12         agencies and local or regional organizations in the
    13         implementation of economic development plans.
    14             (viii)  Providing manufacturers with marketing
    15         strategies and assistance in training and workforce
    16         development.
    17         (3)  Represent a consortium of interest designed to meet
    18     the needs of industry in its particular region.
    19         (4)  Be an independent nonprofit institution overseen by
    20     a regional board of directors comprising private industry,
    21     economic development and university representatives, with at
    22     least 50% representation from private industry.
    23         (5)  Complement and cooperate with every other center and
    24     shall make every effort to share expertise and clientele to
    25     develop a strong Statewide network.
    26  Section 11.  Ben Franklin technology centers.
    27     A Ben Franklin technology center shall:
    28         (1)  Act to assist companies and regions to identify and
    29     develop local technology opportunities which make significant
    30     contributions to this Commonwealth's economy.
    19930H1709B2369                 - 15 -

     1         (2)  Offer businesses comprehensive assistance which may
     2     include, but not be limited to:
     3             (i)  Development and strengthening of joint research
     4         and development efforts, including facilities for
     5         advanced technologies activities, equipment, personnel,
     6         land and related activities, which will lead to new
     7         technologies which will create or preserve jobs.
     8             (ii)  Providing training and curriculum development
     9         related to advanced technology in order to provide a
    10         skilled work force to secure employment in advanced
    11         technology industries.
    12             (iii)  Technical assistance and technology transfer
    13         activities on an areawide or Statewide basis to transfer
    14         research and development activities into the marketplace.
    15             (iv)  Assistance through small business incubators,
    16         including, but not limited to, space services and
    17         technical assistance.
    18             (v)  Market development, feasibility studies and
    19         other activities related to increasing jobs in advanced
    20         technology industries.
    21             (vi)  Staff support for advanced technology councils
    22         or other mechanisms to encourage labor, business,
    23         university and government linkages in promoting advanced
    24         technology industrial diversification.
    25             (vii)  Facilitate establishment of technology parks,
    26         which will serve as locations for facilities devoted to
    27         research and development and technology-intensive light
    28         manufacturing.
    29         (3)  Represent a consortium of interest designed to meet
    30     the needs of businesses in their particular regions.
    19930H1709B2369                 - 16 -

     1         (4)  Be an independent nonprofit institution overseen by
     2     a regional board of directors comprising economic
     3     development, university and private industry participants,
     4     with at least 50% representation from private industry.
     5         (5)  Complement and cooperate with every other center and
     6     shall make every effort to share expertise and clientele to
     7     develop a strong Statewide network.
     8  Section 12.  Certification.
     9     (a)  Power to review and certify.--The partnership shall have
    10  the power to review and certify all applications for regional
    11  industrial resource centers, industry-specific industrial
    12  resource centers and Ben Franklin technology centers. The
    13  standards for certification of each type of center shall be
    14  developed by the partnership by regulation.
    15     (b)  Existing centers.--Centers in existence and in receipt
    16  of funds from the department as of the date this act becomes
    17  effective are hereby deemed certified.
    18     (c)  Modification or revocation.--The partnership shall have
    19  the power to certify centers or to modify or revoke their
    20  certifications consistent with the rules and regulations to be
    21  promulgated by the partnership. The partnership also shall have
    22  the power to change the number of regions or change the minimum
    23  service boundary within a given region. These actions shall
    24  require a two-thirds majority vote of the partnership board.
    25  Section 13.  Applications for and approval of grants to centers.
    26     The partnership is hereby authorized to make grants to
    27  certified centers; however, before any grant may be made, the
    28  certified center shall submit a funding proposal to the
    29  partnership, and the partnership shall determine that WHETHER     <--
    30  the funding proposal is consistent with the purposes of this
    19930H1709B2369                 - 17 -

     1  act. Approval by the partnership of a certified center's
     2  individual research and development or consulting projects, or
     3  financial assistance will not be required, provided such
     4  projects or financial assistance are approved by the board of
     5  the certified center and meet the requirements set forth in this
     6  act and in regulations and guidelines established by the
     7  partnership.
     8  Section 14.  Requirement of matching funds.
     9     Funds in the form of a grant made to an industrial resource
    10  center or to a Ben Franklin technology center by the partnership
    11  pursuant to this act shall be matched by private sector funds on
    12  a minimum basis to be established by regulation. Private
    13  matching funds shall include, but not be limited to, monetary or
    14  in-kind support from private businesses, corporations,
    15  individuals, trade associations, foundations and federally and
    16  locally subsidized grants. For Ben Franklin technology centers
    17  only, private matching funds shall also include machinery and
    18  equipment. Private matching funds shall not include any fees
    19  received by an industrial resource center or a Ben Franklin
    20  technology center for direct business services relating to a
    21  project subsidized by the partnership or interest accrued on
    22  proceeds from any State grant.
    23  Section 15.  Records.
    24     Centers shall permit authorized employees or agents of the
    25  partnership or the Commonwealth to inspect the center's books
    26  and records during regular business hours, upon the reasonable
    27  request of the partnership.
    28  Section 16.  Reporting requirements.
    29     Centers shall be required to annually submit to the
    30  partnership the following:
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     1         (1)  The center's current mailing address and telephone
     2     number.
     3         (2)  A copy of the center's current articles of
     4     incorporation and bylaws if they are amended during the
     5     previous year.
     6         (3)  A list of the center's current officers and
     7     directors.
     8         (4)  Financial information as the partnership may
     9     require.
    10         (5)  Disclosure information of the center's officers and
    11     directors as the partnership may require to ensure the
    12     integrity of this act.
    13  Section 17.  Rules and regulations.
    14     The partnership shall promulgate rules and regulations to
    15  carry out the purposes of this act.
    16  Section 18.  Transfers.
    17     All allocations, appropriations, equipment, files, records,
    18  contracts, agreements, obligations and other materials which are
    19  used, employed or expended in connection with the powers, duties
    20  or functions of the board of the Ben Franklin Partnership Fund
    21  under the provisions of the act of April 9, 1929 (P.L.177,
    22  No.175), known as The Administrative Code of 1929, and the
    23  department in connection with the industrial resource centers
    24  are hereby transferred to the partnership created by this act
    25  with the same force and effect as if the allocations and
    26  appropriations have been made to and the items had been the
    27  property of the partnership in the first instance and as if the
    28  contracts, agreements and obligations had been incurred or
    29  entered into by the partnership.
    30  Section 19.  References.
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     1     All references to the board of the Ben Franklin Partnership
     2  Fund existing in law and not repealed by this act shall
     3  hereinafter be deemed to refer to the partnership created by
     4  this act.
     5  Section 20.  Repeals.
     6     As much of section 203 as refers to the board of the Ben
     7  Franklin Partnership Fund and sections 448(n), 448(n.1) and
     8  2503-B of the act of April 9, 1929 (P.L.177, No.175), known as
     9  The Administrative Code of 1929, are repealed.
    10  Section 21.  Sunset.
    11     The IRC/Ben Franklin BEN FRANKLIN/IRC Partnership, together    <--
    12  with its statutory functions and duties, shall terminate and go
    13  out of existence on December 31, 2000, unless reestablished or
    14  continued by the General Assembly. The Legislative Budget and
    15  Finance Committee shall be required to present to the General
    16  Assembly a report evaluating the partnership by December 31,
    17  1999. This report shall provide the General Assembly with a
    18  recommendation as to whether the partnership is to be continued
    19  and, if so, the changes which are suggested by the committee to
    20  improve the operation of the partnership.
    21  Section 22.  Effective date.
    22     This act shall take effect immediately IN 120 DAYS.            <--






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