senate Bill S1655

2013-2014 Legislative Session

Relates to establishing the state university commercialization facilities use policy

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Jan 09, 2013 referred to higher education

S1655 - Bill Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยง355, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7154

S1655 - Bill Texts

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Relates to establishing the state university commercialization facilities use policy.

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BILL NUMBER:S1655

TITLE OF BILL:
An act
to amend the education law, in relation to establishing the state
university commercialization facilities use policy

PURPOSE:
To codify state university facilities use policy for the purposes of
encouraging commercialization activity on campuses.

SUMMARY OF PROVISIONS:
University facilities may be used by private firms for the purposes of
commercializing new technologies. The cost of the use of university
space may be met with user fees, other non-university resources or
equity share in the applicant firm. The policy permits companies to
retain intellectual property rights under these circumstances. The
effectiveness of the policy will be evaluated annually.

Amends section 35 of the education law by adding a new subdivision 3-a.

JUSTIFICATION:
The state university system is one of the great sources for innovation
in the state. The majority of licensed SUNY technologies need
continued development in order to be made into a product or service
for public consumption. SUNY can ensure that those development
dollars stay in New York through programs that leverage use of its
facilities and equipment in consideration for equity in New York
based startup companies that license SUNY technology.

Companies often apply for access to university facilities to perform
development work, working side-by-side with SUNY researchers to solve
practical barriers to commercialization. However, SUNY must recover
the costs associated with the company's use of its facilities and
research, and development dollars are scarce. An equity-based
facilities access program will allow SUNY to open its doors and meet
the research and development needs of New York based startups, SUNY
can accept an equity position valued at the cash equivalent of its
cost to provide access to a given facility or equipment.

R&D assistance is a major incentive to entrepreneurs to create
companies around SUNY technology and locate in New York to gain
access to SUNY's state-of-the-art facilities and
equipment. With this program, SUNY can make New York an even more
attractive entrepreneurial environment and retain high growth
companies.

LEGISLATIVE HISTORY: 2012 S.7154.

FISCAL IMPLICATIONS: None expected.

EFFECTIVE DATE: Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1655

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to establishing the state
  university commercialization facilities use policy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 355 of the education law is amended by adding a new
subdivision 3-a to read as follows:
  3-A.  A. THE STATE UNIVERSITY MAY MAKE AVAILABLE FACILITIES RELATED TO
THE COMMERCIALIZATION OF NEW TECHNOLOGIES AS AUTHORIZED BY THE  CHANCEL-
LOR IN CONSULTATION WITH STATE UNIVERSITY CAMPUSES.
  B.  COSTS ASSOCIATED WITH THE USE OF THESE FACILITIES MAY BE PAID FROM
USER FEES, OR FROM OTHER NON-UNIVERSITY RESOURCES, OR  IN  THE  FORM  OF
EQUITY  SHARES  IN  THE  COMPANY.  STATE  FUNDS MAY BE MADE AVAILABLE TO
OFFSET OVERHEAD COSTS AS  EQUITY  HOLDINGS  MATURE  AND  EVENTUALLY  ARE
LIQUIDATED.
  C.  COMPANIES,  INCLUDING THEIR EMPLOYEES AND CONSULTANTS FROM OUTSIDE
THE STATE UNIVERSITY WHO UTILIZE UNIVERSITY FACILITIES UNDER THIS  POLI-
CY, MAY RETAIN OWNERSHIP OF ALL PATENTABLE INVENTIONS AND DISCOVERIES.
  D.  THE  TRUSTEES SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO CARRY OUT THIS PROGRAM, AND ON AN ANNUAL  BASIS  SHALL  EVALUATE  AND
REPORT  ON  THE IMPACT OF THIS PROGRAM ON COMMERCIALIZATION ACTIVITY AND
OUTCOMES IN NEW YORK STATE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06209-01-3

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