As Reported by House Ethics and Standards Committee         1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 286  5            

      1999-2000                                                    6            


      SENATORS GARDNER-OELSLAGER-SPADA-FINGERHUT-PRENTISS-         8            

    SHOEMAKER-HORN-KEARNS-BLESSING-McLIN-WHITE-WATTS-MUMPER-       9            

     HERINGTON-ESPY-RAY-HAGAN-REPRESENTATIVES MEAD-JACOBSON-       10           

     AMSTUTZ-JOLIVETTE-GOODMAN-J. BEATTY-BUEHRER-FERDERBER-        12           

                     A. CORE-GOODING-BENDER                                     


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend section 3345.14 of the Revised Code to       15           

                permit the board of trustees of a state college    16           

                or university to establish rules that describe     17           

                circumstances in which an employee of that                      

                institution may solicit or may be given a          18           

                financial interest in any firm, corporation, or    19           

                other association to which the board has                        

                assigned, licensed, transferred, or sold the       20           

                institution's interest in discoveries,             21           

                inventions, or patents resulting from research or  22           

                investigation conducted at or by employees of the               

                institution and to authorize the Ohio Ethics       24           

                Commission to assist with the development of the                

                rules.                                             25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That section 3345.14 of the Revised Code be      29           

amended to read as follows:                                        30           

      Sec. 3345.14.  (A)  AS USED IN THIS SECTION, "STATE COLLEGE  39           

OR UNIVERSITY" MEANS ANY STATE UNIVERSITY OR COLLEGE DEFINED IN    40           

DIVISION (A)(1) OF SECTION 3345.12 OF THE REVISED CODE, AND ANY    41           

OTHER INSTITUTION OF HIGHER EDUCATION DEFINED IN DIVISION (A)(2)   42           

OF THAT SECTION.                                                                

                                                          2      


                                                                 
      (B)  All rights to and interests in discoveries or,          45           

inventions, including OR patents thereon, which result from        47           

research or investigation conducted in any experiment station,     48           

bureau, laboratory, or research facility, OR OTHER FACILITY of     50           

any state college or university, OR BY EMPLOYEES OF ANY STATE      51           

COLLEGE OR UNIVERSITY ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT  52           

OR WITH FUNDING, EQUIPMENT, OR INFRASTRUCTURE PROVIDED BY OR       53           

THROUGH ANY STATE COLLEGE OR UNIVERSITY, shall be the sole         54           

property of such THAT college or university.  No person, firm,     56           

association, corporation, or governmental agency which uses the    57           

facilities of such college or university in connection with such   58           

research or investigation and no faculty member, employee, or      59           

student of such college or university participating in or making   60           

such discoveries or inventions, shall have any rights to or        61           

interests in such discoveries or inventions, including income      62           

therefrom, except as may, by determination of the board of         63           

trustees of such college or university, be assigned, licensed,     64           

transferred, or paid to such persons or entities IN ACCORDANCE     65           

WITH DIVISION (C) OF THIS SECTION OR IN ACCORDANCE WITH RULES      66           

ADOPTED UNDER DIVISION (D) OF THIS SECTION.                        67           

      (C)  As may be determined from time to time by the board of  69           

trustees of any state college or university, the college or        70           

university may retain, assign, license, transfer, sell, or         71           

otherwise dispose of, in whole or in part and upon such terms as   72           

the board of trustees may direct, any and all rights to,           73           

interests in, or income from any such discoveries, inventions, or  74           

patents which the college or university owns or may acquire.       75           

Such dispositions may be to any individual, firm, association,     76           

corporation, or governmental agency, or to any faculty member,     77           

employee, or student of the college or university as the board of  78           

trustees may direct.  Any and all income or proceeds derived or    79           

retained from such dispositions shall be applied to the general    80           

or special use of the college or university as determined by the   81           

board of trustees of such college or university.                   82           

                                                          3      


                                                                 
      (D)(1)  NOTWITHSTANDING ANY PROVISION OF THE REVISED CODE    85           

TO THE CONTRARY, INCLUDING BUT NOT LIMITED TO SECTIONS 102.03,                  

102.04, 2921.42, AND 2921.43 OF THE REVISED CODE, THE BOARD OF     86           

TRUSTEES OF ANY STATE COLLEGE OR UNIVERSITY MAY ADOPT RULES IN     87           

ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT SET FORTH  88           

CIRCUMSTANCES UNDER WHICH AN EMPLOYEE OF THE COLLEGE OR                         

UNIVERSITY MAY SOLICIT OR ACCEPT, AND UNDER WHICH A PERSON MAY     89           

GIVE OR PROMISE TO GIVE TO SUCH AN EMPLOYEE, A FINANCIAL INTEREST  90           

IN ANY FIRM, CORPORATION, OR OTHER ASSOCIATION TO WHICH THE BOARD  91           

HAS ASSIGNED, LICENSED, TRANSFERRED, OR SOLD THE COLLEGE OR        92           

UNIVERSITY'S INTERESTS IN DISCOVERIES OR INVENTIONS MADE OR        93           

CREATED BY THAT EMPLOYEE OR IN PATENTS ISSUED TO THAT EMPLOYEE.    94           

      (2)  RULES ESTABLISHED UNDER DIVISION (D)(1) OF THIS         96           

SECTION SHALL INCLUDE THE FOLLOWING:                               97           

      (a)  A REQUIREMENT THAT EACH COLLEGE OR UNIVERSITY EMPLOYEE  99           

DISCLOSE TO THE COLLEGE OR UNIVERSITY BOARD OF TRUSTEES ANY        100          

FINANCIAL INTEREST THE EMPLOYEE HOLDS IN A FIRM, CORPORATION, OR   101          

OTHER ASSOCIATION AS DESCRIBED IN DIVISION (D)(1) OF THIS          102          

SECTION;                                                                        

      (b)  A REQUIREMENT THAT ALL DISCLOSURES MADE UNDER DIVISION  104          

(D)(2)(a) OF THIS SECTION ARE REVIEWED BY OFFICIALS DESIGNATED BY  106          

THE COLLEGE OR UNIVERSITY BOARD OF TRUSTEES.  THE OFFICIALS        108          

DESIGNATED UNDER THIS DIVISION SHALL DETERMINE THE INFORMATION                  

THAT SHALL BE DISCLOSED AND SAFEGUARDS THAT SHALL BE APPLIED IN    111          

ORDER TO MANAGE, REDUCE, OR ELIMINATE ANY ACTUAL OR POTENTIAL      112          

CONFLICT OF INTEREST.                                                           

      (c)  A REQUIREMENT THAT IN IMPLEMENTING DIVISION (D) OF      114          

THIS SECTION ALL MEMBERS OF THE COLLEGE OR UNIVERSITY BOARD OF     115          

TRUSTEES SHALL BE GOVERNED BY CHAPTER 102. AND SECTIONS 2921.42    116          

AND 2921.43 OF THE REVISED CODE.                                                

      (d)  GUIDELINES TO ENSURE THAT ANY FINANCIAL INTEREST HELD   118          

BY ANY EMPLOYEE OF THE COLLEGE OR UNIVERSITY DOES NOT RESULT IN    119          

MISUSE OF THE STUDENTS, EMPLOYEES, OR RESOURCES OF THE COLLEGE OR  121          

UNIVERSITY FOR THE BENEFIT OF THE FIRM, CORPORATION, OR OTHER      122          

                                                          4      


                                                                 
ASSOCIATION IN WHICH SUCH INTEREST IS HELD OR DOES NOT OTHERWISE   123          

INTERFERE WITH THE DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE     124          

WHO HOLDS SUCH AN INTEREST.                                                     

      (3)  RULES ESTABLISHED UNDER DIVISION (D)(1) OF THIS         126          

SECTION MAY INCLUDE OTHER PROVISIONS AT THE DISCRETION OF THE      127          

COLLEGE OR UNIVERSITY BOARD OF TRUSTEES.                           128          

      (E)  NOTWITHSTANDING DIVISION (D) OF THIS SECTION, THE OHIO  131          

ETHICS COMMISSION RETAINS AUTHORITY TO PROVIDE ASSISTANCE TO A                  

COLLEGE OR UNIVERSITY BOARD OF TRUSTEES IN THE IMPLEMENTATION OF   132          

DIVISION (D)(2) OF THIS SECTION AND TO ADDRESS ANY MATTER THAT IS  133          

OUTSIDE THE SCOPE OF THE EXCEPTION TO DIVISION (B) OF THIS         134          

SECTION AS SET FORTH IN DIVISION (D) OF THIS SECTION OR AS SET     135          

FORTH IN RULES ESTABLISHED UNDER DIVISION (D) OF THIS SECTION.     136          

      Section 2.  That existing section 3345.14 of the Revised     138          

Code is hereby repealed.                                           139          

      Section 3.  Within ninety days after the effective date of   141          

this section, a committee consisting of representatives of the     142          

presidents of the state colleges and universities shall develop    143          

in consultation with the Ohio Ethics Commission a model set of     144          

rules for the board of trustees of each state college or           145          

university to use in adopting its own rules under division (D) of  147          

section 3345.14 of the Revised Code.  Each state college or        148          

university president may designate a representative to serve on    149          

the committee.  Organization of the committee shall be             150          

coordinated by the executive director of the Inter-University      151          

Council.