THE SENATE

S.B. NO.

1144

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TECHNOLOGY TRANSFER AT THE UNIVERSITY OF HAWAII.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the board of regents of the University of Hawaii has established a regulatory framework and compliance program to balance the unique benefits and ethical issues specific to university research and technology transfer and to assure compliance with applicable external regulations.  The university framework and compliance program incorporates long-standing ethical research principles and technology transfer regulations currently used by the federal government.  The board periodically updates its policies and procedures to reflect the best practices currently in place at several of the university's peer institutions.  In this manner, the university strives to remain competitive for external research funding and to continue to attract innovative faculty.

     The legislature finds that it is a matter of statewide concern to support the contributions by the University of Hawaii to the economic health and diversification of the State.  The legislature further finds that the timely and efficient commercialization of intellectual property created by basic and applied research at the university greatly benefits the public.

     The purpose of this Act is to clarify the application of the state ethics code to allow technology transfer activities sponsored by the University of Hawaii, provided that such activities comport with a regulatory framework and compliance program approved by the board of regents.

     SECTION 2.  Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§84-    University of Hawaii technology transfer activities.  This chapter shall not apply to faculty, professional and administrative staff, executives, and managers of the University of Hawaii who are engaged in technology transfer activities; provided that such persons comply with a regulatory framework and research compliance program approved by the University of Hawaii board of regents that is regularly updated and incorporates best practices for ethical research principles.  For the purposes of this section, "technology transfer activities" means the process of transferring scientific findings from one organization to another for the purpose of further development and commercialization.  Technology transfer activities may include identifying new technologies, protecting technologies through patents and copyrights, forming development and commercialization strategies, and other related activities."

     SECTION 3.  The board of regents of the University of Hawaii shall submit a written report to the legislature regarding the development and implementation of its regulatory framework and compliance program that incorporates ethical research principles and technology transfer regulations used by the federal government no later than twenty days prior to the convening of the regular session of 2016.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 7, 2059, and shall be repealed on June 30, 2020.


 


 

Report Title:

State Ethics Code; University of Hawaii; Technology Transfer Activities

 

 

Description:

Clarifies application of State Ethics Code to University of Hawaii technology transfer activities, provided that the activities comport with a regulatory framework and research compliance program approved by the board of regents of the University of Hawaii.  Requires the board of regents to submit a written report to the legislature regarding its technology transfer activity regulatory program prior to the regular session of 2016.  Effective 01/07/2059 and sunsets 06/30/2020.  (SD2)

 

 

 

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