Bill Text: OR HB3292 | 2011 | Regular Session | Introduced
Bill Title: Relating to marketing of university intellectual property.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3292 Detail]
Download: Oregon-2011-HB3292-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3841
House Bill 3292
Sponsored by Representative GELSER; Representatives CLEM,
MATTHEWS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates program in Oregon Business Development Department to
catalog and market university intellectual property to promote
economic development in state.
A BILL FOR AN ACT
Relating to marketing of university intellectual property;
creating new provisions; and amending ORS 351.230, 351.240 and
353.050.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Business Development Department
shall create a program, in cooperation with the Oregon University
System and Oregon Health and Science University, to catalog and
market intellectual property developed within the Oregon
University System and Oregon Health and Science University.
(2) Commercialization of intellectual property under the
program shall be dependent upon the purchaser's ability to locate
any research, business or other employment based upon the
intellectual property in this state. + }
SECTION 2. ORS 351.230 is amended to read:
351.230. { + In conjunction with the Oregon Business
Development Department as provided in section 1 of this 2011
Act, + } the State Board of Higher Education may manage, develop
or dispose of by assignment, sale, lease, license or other action
deemed advisable by the board, property acquired under ORS
351.220, and may contract with any person or agency, board,
commission or department of this or any other state or with the
federal government regarding the management, development or
disposition thereof. The board may make gratuitous assignments of
such property to any trust or fund, the sole beneficiary of which
is the State Board of Higher Education or any of the institutions
or activities under its control, subject to the share, if any,
agreed to be paid to the assignor. The board may reassign such
property to the inventor, author or discoverer.
SECTION 3. ORS 351.240 is amended to read:
351.240. (1) { + In conjunction with the Oregon Business
Development Department as provided in section 1 of this 2011
Act, + } the State Board of Higher Education may determine the
terms and conditions of any transaction authorized by ORS 351.220
to 351.250 and need not require competitive bids in connection
therewith. No formal publicity or advertising is required
regarding property for the development of which the board wishes
to contract, but the board shall make reasonable efforts to
disseminate such information in appropriate research and
industrial circles.
(2) The board may delegate any of the duties, functions and
powers granted to the board under ORS 351.220 to 351.250 to any
state institution of higher education within the Oregon
University System.
SECTION 4. ORS 353.050 is amended to read:
353.050. Except as otherwise provided in this chapter, the
Oregon Health and Science University Board of Directors, or
university officials acting under the authority of the board,
shall exercise all the powers of the Oregon Health and Science
University and shall govern the university. In carrying out its
powers, rights and privileges, the university shall be a
governmental entity performing governmental functions and
exercising governmental powers. The university or the board may
either within or outside the state:
(1) Determine or approve policies for the organization,
administration and development of the university.
(2) Appoint and employ any instructional, administrative,
professional, trade, occupational and other personnel as are
necessary or appropriate to carry out the missions of the
university, and prescribe their compensation and terms of office
or employment.
(3) Make any and all contracts and agreements, enter into any
partnership, joint venture or other business arrangement, create
and participate fully in the operation of any business structure,
including but not limited to the development of business
structures for health care delivery systems and networks with any
public or private government, nonprofit or for-profit person or
entity that in the judgment of the university or the board is
necessary or appropriate to carry out the university's missions
and goals.
(4) Acquire, purchase, receive, hold, control, convey, sell,
manage, operate, lease, license, lend, invest, improve, develop,
use, dispose of and hold title to real and personal property of
any nature, including intellectual property, in its own name.
{ + Actions taken by the university or the board regarding
intellectual property shall be coordinated with the Oregon
Business Development Department as provided in section 1 of this
2011 Act. + }
(5) Sue in its own name and be sued, plead and be impleaded in
all actions, suits or proceedings in any forum brought by or
against it by any and all private or state, local, federal or
other public entities, agencies or persons.
(6) Encourage gifts and donations for the benefit of the
university, and subject to the terms of the gift, retain, invest
and use such gifts as deemed appropriate by the university or the
board.
(7) Acquire, receive, hold, keep, pledge, control, convey,
manage, use, lend, expend and invest all funds, appropriations,
gifts, bequests, stock and revenue from any source to the
university.
(8) Borrow money for the needs of the university, in such
amounts and for such time and upon such terms as may be
determined by the university or the board.
(9) Erect, construct, improve, develop, repair, maintain,
equip, furnish, lease, lend, convey, sell, manage, operate, use,
dispose of and hold title to buildings, structures and lands for
the university.
(10) Purchase any and all insurance, operate a self-insurance
program or otherwise arrange for the equivalent of insurance
coverage of any nature and the indemnity and defense of its
officers, agents and employees or other persons designated by the
university to carry out or further the missions of the
university.
(11) Create, develop, supervise, control and adopt academic
programs, including standards, qualifications, policies or
practices relating to admissions, curriculum, academic
advancement, grading policy, student conduct, credits and
scholarships and the granting of academic degrees, certificates
and other forms of recognition.
(12) Authorize, create, eliminate, establish, operate,
reorganize, reduce or expand any program, school, institute,
health care facility or other unit of operation.
(13) Establish, charge, collect and use charges for enrollment
into the university, including charges such as tuition for
education and general services, incidental fees and such other
charges found by the university to be necessary to carry out its
educational programs. Fees realized in excess of amounts
allocated and exceeding required reserves shall be considered
surplus incidental fees and shall be allocated for programs under
the control of the board and found to be advantageous to the
cultural or physical development of students of the university
upon the recommendation of the recognized student government of
the university.
(14) Establish, charge, collect and use charges and fees for
university services and the use of university facilities.
(15) Impose charges, fines, fees and such other regulations
considered convenient or necessary to control and regulate
traffic and parking of vehicles to the same extent allowed the
State Board of Higher Education. This authority includes the
authority to enforce the regulations of the university in a court
to the extent allowed the State Board of Higher Education in
enforcing the state board's regulations as provided in ORS
352.360 (7).
(16) Commission special campus security officers to be known as
university police. University police commissioned under this
subsection have all the powers and authority given by statute to
peace officers and police officers of this state. University
police shall complete training necessary for certification as
police officers at an academy operated or authorized by the
Department of Public Safety Standards and Training at the expense
of the Oregon Health and Science University Board of Directors.
University police are not authorized to carry firearms as police
officers and are not police officers for purposes of ORS 238.005,
243.005 or 243.736. The university is a criminal justice agency
for purposes of ORS 181.715 and 181.720 and a law enforcement
unit within the meaning of ORS 181.610 (12).
(17) Enforce and recover for payment to the university any
fines that are authorized by this chapter.
(18) Adopt, amend or repeal bylaws, administrative rules,
regulations and orders applicable to the matters that are the
subject of this chapter.
(19) Contract with any state agency for the performance of such
duties, functions and powers as is appropriate. A state agency
shall not charge the university for such services an amount that
is greater than the actual cost of the services.
(20) Purchase, receive, subscribe for or otherwise acquire,
own, hold, vote, use, sell, mortgage, lend, pledge, invest in or
otherwise dispose of and deal in or with the shares, stock or
other equity or interests in or obligations of any other entity.
Separate funds may be established for such investments. The State
of Oregon shall have no proprietary or other interest in such
investments or such funds.
(21) Make available, by lease or otherwise, or control access
to any health care facilities or services or other of its
properties and assets to such persons, firms, partnerships,
associations or corporations and on such terms as considered
appropriate, charge and collect rent or other fees or charges
therefor and terminate or deny any such access or any such lease
or other agreement for such reasons as considered appropriate and
as may be consistent with its obligations under any such lease or
other agreement.
(22) Contract for the operation of any department, section,
equipment or holdings of the university and enter into any
agreements with any person, firm or corporation for the
management by said person, firm or corporation on behalf of the
university of any of its properties or for the more efficient or
economical performance of clerical, accounting, administrative
and other functions relating to its health care facilities.
(23) Select and appoint faculty as medical and dental staff
members and others licensed to practice the healing arts,
delineate and define the privileges granted each such individual,
adopt and direct a plan for faculty clinical income and set the
terms and conditions of that plan (including such modifications
to any such existing plan as considered necessary or appropriate
upon expiration of the term of such plan), and determine the
extent to which and the terms upon which each such individual may
provide teaching, research, consulting or other services at the
university or any other health care facility.
(24) Enter into affiliation, cooperation, territorial,
management or other similar agreements with other public or
private universities or health care providers for the sharing,
division, allocation or furnishing of services on an exclusive or
a nonexclusive basis, referral of patients, management of
facilities, formation of health care delivery systems and other
similar activities.
(25) Perform any other acts that in the judgment of the board
or university are requisite, necessary or appropriate in
accomplishing the purposes described in or carrying out the
powers granted by this chapter.
(26) Exercise these powers, notwithstanding that as a
consequence of the exercise of such powers, the university
engages in activities that might otherwise be deemed
anticompetitive within the contemplation of state or federal
antitrust laws.
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