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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 286 |
SENATORS GARDNER-OELSLAGER-SPADA-FINGERHUT-PRENTISS-
SHOEMAKER-HORN-KEARNS-BLESSING-McLIN-WHITE-WATTS-MUMPER-
HERINGTON-ESPY-RAY-HAGAN
A BILL
To amend section 3345.14 of the Revised Code to permit the board
of trustees of a state college or university to establish rules
that describe circumstances in which an employee of that
institution may solicit or may be given a financial interest in any firm,
corporation, or other association to which the board has assigned,
licensed, transferred, or sold the institution's interest in
discoveries, inventions, or patents
resulting from research conducted at or by employees of the institution and to
authorize the Ohio Ethics Commission to assist with the development of the
rules.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3345.14 of the Revised Code be amended to read as
follows:
Sec. 3345.14. (A) AS USED IN THIS SECTION, "STATE COLLEGE OR
UNIVERSITY" MEANS ANY STATE UNIVERSITY OR COLLEGE DEFINED IN DIVISION
(A)(1) OF SECTION 3345.12 of the Revised Code, AND ANY OTHER INSTITUTION OF HIGHER
EDUCATION DEFINED IN DIVISION (A)(2) OF THAT SECTION.
(B) All rights to and interests in discoveries
or, inventions, including OR patents
thereon,
which result from
research or investigation conducted in, OR BY EMPLOYEES
OF, any experiment station,
bureau, laboratory, or research facility, OR OTHER
FACILITY of any state college or
university shall be the sole property of such college or
university. No person, firm, association, corporation, or
governmental agency which uses the facilities of such college or
university in connection with such research or investigation and
no faculty member, employee, or student of such college or
university participating in or making such discoveries or
inventions, shall have any rights to or interests in such
discoveries or inventions, including income therefrom, except as
may, by determination of the board of trustees of such college or
university, be assigned, licensed, transferred, or paid to such
persons or entities IN ACCORDANCE WITH DIVISION (C) OF THIS
SECTION OR IN ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (D) OF
THIS SECTION.
(C) As may be determined from time to time by the board of
trustees of any state college or university, the college or
university may retain, assign, license, transfer, sell, or
otherwise dispose of, in whole or in part and upon such terms as
the board of trustees may direct, any and all rights to,
interests in, or income from any such discoveries, inventions, or
patents which the college or university owns or may acquire. Such
dispositions may be to any individual, firm, association,
corporation, or governmental agency, or to any faculty member,
employee, or student of the college or university as the board of
trustees may direct. Any and all income or proceeds derived or
retained from such dispositions shall be applied to the general
or special use of the college or university as determined by the
board of trustees of such college or university.
(D)(1) NOTWITHSTANDING ANY PROVISION
of the Revised Code 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 TRUSTEES OF ANY
STATE COLLEGE OR UNIVERSITY MAY ADOPT RULES IN ACCORDANCE WITH SECTION 111.15
of the Revised Code THAT SET FORTH CIRCUMSTANCES UNDER WHICH AN EMPLOYEE OF THE COLLEGE OR
UNIVERSITY MAY SOLICIT OR ACCEPT, AND UNDER WHICH A PERSON MAY GIVE OR PROMISE
TO GIVE TO SUCH AN EMPLOYEE, A FINANCIAL INTEREST IN ANY FIRM, CORPORATION, OR
OTHER ASSOCIATION TO WHICH THE BOARD HAS ASSIGNED, LICENSED, TRANSFERRED, OR
SOLD THE COLLEGE OR UNIVERSITY'S INTERESTS IN DISCOVERIES OR INVENTIONS
MADE OR CREATED BY THAT
EMPLOYEE OR IN PATENTS ISSUED TO THAT EMPLOYEE.
(2) RULES ESTABLISHED UNDER DIVISION (D)(1) OF THIS SECTION SHALL
INCLUDE THE FOLLOWING:
(a) A REQUIREMENT THAT EACH COLLEGE OR UNIVERSITY EMPLOYEE
DISCLOSE TO THE COLLEGE OR UNIVERSITY BOARD OF TRUSTEES ANY
FINANCIAL INTEREST THE EMPLOYEE HOLDS IN A FIRM, CORPORATION, OR
OTHER ASSOCIATION AS DESCRIBED IN DIVISION (D)(1) OF THIS SECTION;
(b) A REQUIREMENT THAT ALL DISCLOSURES MADE UNDER DIVISION
(D)(2)(a) OF THIS SECTION ARE
REVIEWED BY OFFICIALS DESIGNATED BY THE COLLEGE OR UNIVERSITY BOARD OF
TRUSTEES. THE
OFFICIALS DESIGNATED UNDER THIS DIVISION SHALL DETERMINE THE INFORMATION THAT
SHALL BE
DISCLOSED AND SAFEGUARDS THAT SHALL BE APPLIED
IN ORDER TO MANAGE, REDUCE, OR ELIMINATE ANY ACTUAL OR
POTENTIAL CONFLICT OF INTEREST.
(c) A REQUIREMENT THAT IN IMPLEMENTING DIVISION (D) OF
THIS SECTION ALL MEMBERS OF THE COLLEGE OR UNIVERSITY BOARD OF TRUSTEES SHALL
BE GOVERNED BY CHAPTER 102. AND SECTIONS 2921.42 AND 2921.43 of the Revised Code.
(d) GUIDELINES TO ENSURE THAT ANY FINANCIAL INTEREST HELD BY ANY
EMPLOYEE OF THE COLLEGE OR UNIVERSITY DOES NOT RESULT IN MISUSE OF THE
STUDENTS, EMPLOYEES, OR
RESOURCES OF THE COLLEGE OR UNIVERSITY FOR THE BENEFIT OF THE
FIRM, CORPORATION, OR OTHER ASSOCIATION IN WHICH SUCH INTEREST IS
HELD OR DOES NOT OTHERWISE INTERFERE WITH THE DUTIES AND RESPONSIBILITIES
OF THE EMPLOYEE WHO HOLDS SUCH AN INTEREST.
(3) RULES ESTABLISHED UNDER DIVISION (D)(1) OF THIS SECTION MAY
INCLUDE OTHER PROVISIONS AT THE DISCRETION OF THE COLLEGE OR UNIVERSITY
BOARD OF TRUSTEES.
(E) NOTWITHSTANDING DIVISION (D) OF THIS SECTION, THE
OHIO ETHICS COMMISSION RETAINS AUTHORITY TO PROVIDE ASSISTANCE TO A
COLLEGE OR UNIVERSITY BOARD OF TRUSTEES IN THE IMPLEMENTATION OF DIVISION
(D)(2) OF THIS SECTION AND TO ADDRESS ANY MATTER THAT IS OUTSIDE THE
SCOPE OF THE EXCEPTION TO DIVISION (B) OF THIS SECTION AS SET FORTH
IN DIVISION (D) OF THIS SECTION OR AS SET FORTH IN RULES ESTABLISHED
UNDER DIVISION (D) OF THIS SECTION.
Section 2. That existing section 3345.14 of the Revised Code is hereby
repealed.
Section 3. Within ninety days after the effective date of this
section, a committee consisting of representatives of the
presidents of the state colleges and universities shall develop
in consultation with the Ohio Ethics Commission a model set of
rules for the board of trustees of each state college or university to use in
adopting its own
rules under division (D) of section 3345.14 of the Revised Code.
Each state college or university president may designate a
representative to serve on the committee. Organization of the
committee shall be coordinated by the executive director of the
Inter-University Council.
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