As Passed by the House                        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-TIBERI-MOTTLEY-CALLENDER-SALERNO-                    

     CORBIN-D. MILLER-PERRY-WOMER BENJAMIN-TRAKAS-ROBINSON-        13           

   CALVERT-METTLER-OLMAN-METZGER-WILLIAMS-VERICH-CLANCY-ALLEN-     14           

  ASLANIDES-GARDNER-WIDENER-CAREY-JERSE-PATTON-WILSON-O'BRIEN-     15           

   VESPER-AUSTRIA-HARRIS-BRITTON-DePIERO-BARNES-ROBERTS-JONES      16           


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend section 3345.14 of the Revised Code to       19           

                permit the board of trustees of a state college    20           

                or university to establish rules that describe     21           

                circumstances in which an employee of that                      

                institution may solicit or may be given a          22           

                financial interest in any firm, corporation, or    23           

                other association to which the board has                        

                assigned, licensed, transferred, or sold the       24           

                institution's interest in discoveries,             25           

                inventions, or patents resulting from research or  26           

                investigation conducted at or by employees of the               

                institution and to authorize the Ohio Ethics       28           

                Commission to assist with the development of the                

                rules.                                             29           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        31           

      Section 1.  That section 3345.14 of the Revised Code be      33           

amended to read as follows:                                        34           

      Sec. 3345.14.  (A)  AS USED IN THIS SECTION, "STATE COLLEGE  43           

                                                          2      


                                                                 
OR UNIVERSITY" MEANS ANY STATE UNIVERSITY OR COLLEGE DEFINED IN    44           

DIVISION (A)(1) OF SECTION 3345.12 OF THE REVISED CODE, AND ANY    45           

OTHER INSTITUTION OF HIGHER EDUCATION DEFINED IN DIVISION (A)(2)   46           

OF THAT SECTION.                                                                

      (B)  All rights to and interests in discoveries or,          49           

inventions, including OR patents thereon, which result from        51           

research or investigation conducted in any experiment station,     52           

bureau, laboratory, or research facility, OR OTHER FACILITY of     54           

any state college or university, OR BY EMPLOYEES OF ANY STATE      55           

COLLEGE OR UNIVERSITY ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT  56           

OR WITH FUNDING, EQUIPMENT, OR INFRASTRUCTURE PROVIDED BY OR       57           

THROUGH ANY STATE COLLEGE OR UNIVERSITY, shall be the sole         58           

property of such THAT college or university.  No person, firm,     60           

association, corporation, or governmental agency which uses the    61           

facilities of such college or university in connection with such   62           

research or investigation and no faculty member, employee, or      63           

student of such college or university participating in or making   64           

such discoveries or inventions, shall have any rights to or        65           

interests in such discoveries or inventions, including income      66           

therefrom, except as may, by determination of the board of         67           

trustees of such college or university, be assigned, licensed,     68           

transferred, or paid to such persons or entities IN ACCORDANCE     69           

WITH DIVISION (C) OF THIS SECTION OR IN ACCORDANCE WITH RULES      70           

ADOPTED UNDER DIVISION (D) OF THIS SECTION.                        71           

      (C)  As may be determined from time to time by the board of  73           

trustees of any state college or university, the college or        74           

university may retain, assign, license, transfer, sell, or         75           

otherwise dispose of, in whole or in part and upon such terms as   76           

the board of trustees may direct, any and all rights to,           77           

interests in, or income from any such discoveries, inventions, or  78           

patents which the college or university owns or may acquire.       79           

Such dispositions may be to any individual, firm, association,     80           

corporation, or governmental agency, or to any faculty member,     81           

employee, or student of the college or university as the board of  82           

                                                          3      


                                                                 
trustees may direct.  Any and all income or proceeds derived or    83           

retained from such dispositions shall be applied to the general    84           

or special use of the college or university as determined by the   85           

board of trustees of such college or university.                   86           

      (D)(1)  NOTWITHSTANDING ANY PROVISION OF THE REVISED CODE    89           

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     90           

TRUSTEES OF ANY STATE COLLEGE OR UNIVERSITY MAY ADOPT RULES IN     91           

ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT SET FORTH  92           

CIRCUMSTANCES UNDER WHICH AN EMPLOYEE OF THE COLLEGE OR                         

UNIVERSITY MAY SOLICIT OR ACCEPT, AND UNDER WHICH A PERSON MAY     93           

GIVE OR PROMISE TO GIVE TO SUCH AN EMPLOYEE, A FINANCIAL INTEREST  94           

IN ANY FIRM, CORPORATION, OR OTHER ASSOCIATION TO WHICH THE BOARD  95           

HAS ASSIGNED, LICENSED, TRANSFERRED, OR SOLD THE COLLEGE OR        96           

UNIVERSITY'S INTERESTS IN DISCOVERIES OR INVENTIONS MADE OR        97           

CREATED BY THAT EMPLOYEE OR IN PATENTS ISSUED TO THAT EMPLOYEE.    98           

      (2)  RULES ESTABLISHED UNDER DIVISION (D)(1) OF THIS         100          

SECTION SHALL INCLUDE THE FOLLOWING:                               101          

      (a)  A REQUIREMENT THAT EACH COLLEGE OR UNIVERSITY EMPLOYEE  103          

DISCLOSE TO THE COLLEGE OR UNIVERSITY BOARD OF TRUSTEES ANY        104          

FINANCIAL INTEREST THE EMPLOYEE HOLDS IN A FIRM, CORPORATION, OR   105          

OTHER ASSOCIATION AS DESCRIBED IN DIVISION (D)(1) OF THIS          106          

SECTION;                                                                        

      (b)  A REQUIREMENT THAT ALL DISCLOSURES MADE UNDER DIVISION  108          

(D)(2)(a) OF THIS SECTION ARE REVIEWED BY OFFICIALS DESIGNATED BY  110          

THE COLLEGE OR UNIVERSITY BOARD OF TRUSTEES.  THE OFFICIALS        112          

DESIGNATED UNDER THIS DIVISION SHALL DETERMINE THE INFORMATION                  

THAT SHALL BE DISCLOSED AND SAFEGUARDS THAT SHALL BE APPLIED IN    115          

ORDER TO MANAGE, REDUCE, OR ELIMINATE ANY ACTUAL OR POTENTIAL      116          

CONFLICT OF INTEREST.                                                           

      (c)  A REQUIREMENT THAT IN IMPLEMENTING DIVISION (D) OF      118          

THIS SECTION ALL MEMBERS OF THE COLLEGE OR UNIVERSITY BOARD OF     119          

TRUSTEES SHALL BE GOVERNED BY CHAPTER 102. AND SECTIONS 2921.42    120          

AND 2921.43 OF THE REVISED CODE.                                                

                                                          4      


                                                                 
      (d)  GUIDELINES TO ENSURE THAT ANY FINANCIAL INTEREST HELD   122          

BY ANY EMPLOYEE OF THE COLLEGE OR UNIVERSITY DOES NOT RESULT IN    123          

MISUSE OF THE STUDENTS, EMPLOYEES, OR RESOURCES OF THE COLLEGE OR  125          

UNIVERSITY FOR THE BENEFIT OF THE FIRM, CORPORATION, OR OTHER      126          

ASSOCIATION IN WHICH SUCH INTEREST IS HELD OR DOES NOT OTHERWISE   127          

INTERFERE WITH THE DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE     128          

WHO HOLDS SUCH AN INTEREST.                                                     

      (3)  RULES ESTABLISHED UNDER DIVISION (D)(1) OF THIS         130          

SECTION MAY INCLUDE OTHER PROVISIONS AT THE DISCRETION OF THE      131          

COLLEGE OR UNIVERSITY BOARD OF TRUSTEES.                           132          

      (E)  NOTWITHSTANDING DIVISION (D) OF THIS SECTION, THE OHIO  135          

ETHICS COMMISSION RETAINS AUTHORITY TO PROVIDE ASSISTANCE TO A                  

COLLEGE OR UNIVERSITY BOARD OF TRUSTEES IN THE IMPLEMENTATION OF   136          

DIVISION (D)(2) OF THIS SECTION AND TO ADDRESS ANY MATTER THAT IS  137          

OUTSIDE THE SCOPE OF THE EXCEPTION TO DIVISION (B) OF THIS         138          

SECTION AS SET FORTH IN DIVISION (D) OF THIS SECTION OR AS SET     139          

FORTH IN RULES ESTABLISHED UNDER DIVISION (D) OF THIS SECTION.     140          

      Section 2.  That existing section 3345.14 of the Revised     142          

Code is hereby repealed.                                           143          

      Section 3.  Within ninety days after the effective date of   145          

this section, a committee consisting of representatives of the     146          

presidents of the state colleges and universities shall develop    147          

in consultation with the Ohio Ethics Commission a model set of     148          

rules for the board of trustees of each state college or           149          

university to use in adopting its own rules under division (D) of  151          

section 3345.14 of the Revised Code.  Each state college or        152          

university president may designate a representative to serve on    153          

the committee.  Organization of the committee shall be             154          

coordinated by the executive director of the Inter-University      155          

Council.