THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TOMLINSON, PICCOLA, SCARNATI, DINNIMAN, M. WHITE, ALLOWAY, GREENLEAF, EARLL AND MENSCH, OCTOBER 27, 2011

REFERRED TO EDUCATION, OCTOBER 27, 2011  

AN ACT

Authorizing the State System of Higher Education and its

employees to enter into certain economic development

agreements; providing for approval and notice, for reports

and for limitations; and making an inconsistent repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the State System

of Higher Education Intellectual Property Act.

Section 2.  Scope of act.

This act shall apply to all economic development transactions

entered into by State-owned universities and system employees.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Economic development agreement."  An agreement that allows a

State-owned university to develop and market intellectual

property owned or created by a State System of Higher Education

employee.

"State-owned university."  One of the 14 institutions under

the State System of Higher Education or any other institution

that may be admitted to the State System of Higher Education

subsequent to the enactment of this act in accordance with the

provisions of the act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949.

"System employee."  An individual employed by the State

System of Higher Education or one of its constituent

universities.

Section 4.  Authorization.

State-owned universities and system employees may enter into

economic development agreements that inure to the benefit of the

State-owned universities and system employees.

Section 5.  Approval and notice.

(a)  Review and approval.--Agreements entered into under this

act shall be reviewed and approved in accordance with the form

and legality reviews of the act of October 15, 1980 (P.L.950,

No.164), known as the Commonwealth Attorneys Act.

(b)  Public availability.--Agreements authorized by this act

shall be made available to the public by listing them with the

Treasury Department in accordance with the provisions of Chapter

17 of the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

Section 6.  Reports.

The State System of Higher Education and each State-owned

university shall monitor and report agreements entered into

under this act on an annual basis to the Education Committee of

the Senate and the Education Committee of the House of

Representatives. The information shall be reported in compliance

with any legal protections provided by copyright or trademark

laws or other Federal or State law.

Section 7.  Limitations.

(a)  Contracts.--Nothing in this act shall alter, impair or

limit the terms or conditions of any sponsorship agreement,

grant agreement, collective bargaining agreement or other

contract.

(b)  Use of public resources.--This act shall not authorize

the unlawful use of public resources by private individuals in

the development of intellectual property.

Section 8.  Repeal.

Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2)  The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act, is repealed insofar as it

is inconsistent with this act.

Section 9.  Effective date.

This act shall take effect in 60 days.