620.050. Council created, members, appointment--registration fee--fund established, use of moneys--council duties--rulemaking authority.
Council created, members, appointment--registration fee--fundestablished, use of moneys--council duties--rulemaking authority.
620.050. 1. There is hereby created, within the department of economicdevelopment, the "Entrepreneurial Development Council". The entrepreneurialdevelopment council shall consist of seven members from businesses locatedwithin the state and licensed attorneys with specialization in intellectualproperty matters. All members of the council shall be appointed by thegovernor with the advice and consent of the senate. The terms of membershipshall be set by the department of economic development by rule as deemednecessary and reasonable. Once the department of economic development has setthe terms of membership, such terms shall not be modified and shall apply toall subsequent members.
2. The entrepreneurial development council shall, as provided bydepartment rule, impose a registration fee sufficient to cover costs of theprogram for entrepreneurs of this state who desire to avail themselves ofbenefits, provided by the council, to registered entrepreneurs.
3. There is hereby established in the state treasury, the"Entrepreneurial Development and Intellectual Property Right Protection Fund"to be held separate and apart from all other public moneys and funds of thestate. The entrepreneurial development and intellectual property rightprotection fund may accept state and federal appropriations, grants, bequests,gifts, fees and awards to be held for use by the entrepreneurial developmentcouncil. Notwithstanding provisions of section 33.080, RSMo, to the contrary,moneys remaining in the fund at the end of any biennium shall not revert togeneral revenue.
4. Upon notification of an alleged infringement of intellectual propertyrights of an* entrepreneur, the entrepreneurial development council shallevaluate such allegations of infringement and may, based upon need, awardgrants or financial assistance to subsidize legal expenses incurred ininstituting legal action necessary to remedy the alleged infringement.Pursuant to rules promulgated by the department, the entrepreneurialdevelopment council may allocate moneys from entrepreneurial development andintellectual property right protection fund, in the form of low-interest loansand grants, to registered entrepreneurs for the purpose of providing financialaid for product development, manufacturing, and advertising of new products.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.
(L. 2008 H.B. 2058)*Word "a" appears in original rolls.