Legislature(1995 - 1996)

1995-04-20 House Journal

Full Journal pdf

1995-04-20                     House Journal                      Page 1400
HB 315                                                                       
HOUSE BILL NO. 315 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the financing of technological developments               
by public corporations of the state; and relating to the financing of          
the Kodiak launch complex, the Fairbanks satellite ground station              
space park, and a low-rank coal water fuel technology project."                
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
4/20/95                                                                        
                                                                               
The Governor's transmittal letter, dated April 20, 1995, appears below:        
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that would improve the ability of public corporations      
of the state to finance technological developments.                            
                                                                               
This bill amends AS37.17 to facilitate the Alaska Science and                  
Technology Foundation's (ASTF) development of commercial uses for              
technological developments, among its other purposes.  These                   
amendments will assist state agencies and public corporations such as          
the Alaska Aerospace Development Corporation (AADC) and the                    
Alaska Industrial Development and Export Authority (AIDEA) in                  
technology-related development projects.  ASTF would be able to                
provide guidance through its established peer review system and grant          
review process, as well as financial assistance to projects meeting its        
technological and business criteria.                                           
                                                                               

1995-04-20                     House Journal                      Page 1401
HB 315                                                                       
Existing AS37.17.090(d) requires that at least 50 percent of the ASTF          
endowment income that is distributed by ASTF in a fiscal year must             
be for grants of $100,000 or less.  Section 3 of the bill would exempt         
two grants to AIDEA or AADC from that  requirement.  Absent this               
exemption, ASTF would be limited to providing only minor financial             
assistance to projects of potentially great benefit to the state.  One of      
the two grants is for development of the Kodiak launch complex and             
Fairbanks satellite ground station space park.  The second grant is for        
development of low-rank coal water fuel technology.  It is anticipated         
that the grants from ASTF for these projects may be phased in.                 
                                                                               
                                                                               
Section 5 of the bill also provides ASTF with more flexibility to              
ensure a fair financial return to the state based upon the value derived       
by the grantee from the ASTF grant.  The bill replaces the current             
narrow language of AS37.17.090(g), restricting ASTF to a return from           
"royalties, licenses, and patents", with broader language acknowledging        
that grantees can gain significant economic benefit from an ASTF               
grant without ever earning income from royalties, licenses, and patents.       
For example, ASTF could receive a return from AADC for the                     
operation of the Kodiak launch facility.  Section 5 provides ASTF with         
additional protection for its investments by the addition of language          
allowing ASTF to take a security interest in, and own, patents,                
copyrights, and other intellectual property to secure payment of sums          
owed to ASTF under a grant agreement.                                          
                                                                               
                                                                               
The bill continues to require that the revenue received by ASTF be             
paid into the principal of the endowment, subject to AS37.07.  The             
bill allows ASTF to tailor each "return" provision to the specific             
circumstances of the grantee.  Under this provision, ASTF is able to           
receive a fair return where the grantee is going to manufacture and sell       
its own products based upon ASTF technology.  ASTF is also able to             
receive a fair return based upon the growth in the grantee's business          
based upon the ASTF grant.                                                     
                                                                               
                                                                               
The bill improves ASTF's ability to protect sensitive commercial               
information it receives through the grant process.  Section 4 of the bill      
amends AS37.17.090(f) to allow the board of ASTF to adopt                      
administrative regulations necessary to protect trade secrets and other        

1995-04-20                     House Journal                      Page 1402
HB 315                                                                       
proprietary information submitted to ASTF from disclosure under                
AS09.25.110 - 09.25.120.  These regulations would be adopted by the            
board under standards developed to protect the interests of the state          
and the prospective grantees.                                                  
                                                                               
The bill also contains a section authorizing AIDEA to issue up to              
$20,000,000 in bonds to finance the development of the Kodiak rocket           
launch complex and the Fairbanks satellite ground stations, or to              
finance these projects by other means available to AIDEA.  This                
section also includes a limitation that the board of directors of AIDEA        
and AADC must each determine that there is sufficient commercial               
interest and financial viability to support the debt service and costs of      
the facility before money may be expended for any phase of                     
construction.                                                                  
                                                                               
I urge your prompt consideration and passage of this bill.                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"