§ 37-147-11. University ties with and interest in private entities; application; Authority permission.
(1) Notwithstanding any other provision of state law, an officer or employee of a university, except any chief executive officer, any chief financial officer, any chief research officer or any member of the authority, may, pursuant to subsections (2) and (3) of this section, apply to the authority which, under policies, rules and regulations established by the authority, may grant permission to establish and maintain a material financial interest in a private entity which provides or receives equipment, material, supplies or services in connection with the university in order to facilitate the transfer of technology developed by the officer or employee of the university from the university to commercial and industrial enterprises for economic development.
(2) To receive consideration for permission pursuant to subsection (1) of this section, the officer or employee of the university must first receive approval in writing from the chief executive officer, or his designee, of the university at which he is employed. The chief executive officer may grant approval to the officer or employee only if all the following conditions are met:
(a) The officer or employee provides a detailed description of his interest in the private entity to the chief executive officer;
(b) The nature of the undertaking or enterprise is fully described to the chief executive officer;
(c) The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking may benefit the economy of this state;
(d) The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking will not adversely affect research, public service or instructional activities at the university; and
(e) The officer's or employee's interest in the private entity, or benefit from the interest, will not adversely affect any substantial state interest.
(3) The authority may authorize an officer or employee of a university to establish and maintain a material financial interest in a private entity if all of the following conditions are met:
(a) The application as set forth in subsection (2) of this section is approved by the chief executive officer of the university at which the applying officer or employee is employed;
(b) The authority enters such application upon its minutes and reaches positive findings:
(i) That the application contains an adequately detailed description of the officer's or employee's interest in the private entity;
(ii) That the application contains a detailed description of the proposed undertaking or enterprise that is sufficient;
(iii) That the authority is satisfied that the proposed undertaking will benefit the economy of the state;
(iv) That the authority is satisfied that the proposed venture will not adversely affect research, public service or instructional activities at the university; and
(v) That the officer's or employee's interests in the private entity or benefit from the interest will not adversely affect any substantial state interest.
(4) On the recommendation of the authority, the chief executive officer of the university at which the officer or employee is employed may require that the university or the university's research corporation have a share in any royalties or shares or other proceeds or equity positions from the proposed undertaking of the private entity.
(5) The authority may establish policies, rules and regulations for the implementation of this section.
Sources: Laws, 1992, ch. 530, § 6, eff from and after July 1, 1992.
§ 37-147-11. University ties with and interest in private entities; application; Authority permission.
(1) Notwithstanding any other provision of state law, an officer or employee of a university, except any chief executive officer, any chief financial officer, any chief research officer or any member of the authority, may, pursuant to subsections (2) and (3) of this section, apply to the authority which, under policies, rules and regulations established by the authority, may grant permission to establish and maintain a material financial interest in a private entity which provides or receives equipment, material, supplies or services in connection with the university in order to facilitate the transfer of technology developed by the officer or employee of the university from the university to commercial and industrial enterprises for economic development.
(2) To receive consideration for permission pursuant to subsection (1) of this section, the officer or employee of the university must first receive approval in writing from the chief executive officer, or his designee, of the university at which he is employed. The chief executive officer may grant approval to the officer or employee only if all the following conditions are met:
(a) The officer or employee provides a detailed description of his interest in the private entity to the chief executive officer;
(b) The nature of the undertaking or enterprise is fully described to the chief executive officer;
(c) The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking may benefit the economy of this state;
(d) The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking will not adversely affect research, public service or instructional activities at the university; and
(e) The officer's or employee's interest in the private entity, or benefit from the interest, will not adversely affect any substantial state interest.
(3) The authority may authorize an officer or employee of a university to establish and maintain a material financial interest in a private entity if all of the following conditions are met:
(a) The application as set forth in subsection (2) of this section is approved by the chief executive officer of the university at which the applying officer or employee is employed;
(b) The authority enters such application upon its minutes and reaches positive findings:
(i) That the application contains an adequately detailed description of the officer's or employee's interest in the private entity;
(ii) That the application contains a detailed description of the proposed undertaking or enterprise that is sufficient;
(iii) That the authority is satisfied that the proposed undertaking will benefit the economy of the state;
(iv) That the authority is satisfied that the proposed venture will not adversely affect research, public service or instructional activities at the university; and
(v) That the officer's or employee's interests in the private entity or benefit from the interest will not adversely affect any substantial state interest.
(4) On the recommendation of the authority, the chief executive officer of the university at which the officer or employee is employed may require that the university or the university's research corporation have a share in any royalties or shares or other proceeds or equity positions from the proposed undertaking of the private entity.
(5) The authority may establish policies, rules and regulations for the implementation of this section.
Sources: Laws, 1992, ch. 530, § 6, eff from and after July 1, 1992.
§ 37-147-11. University ties with and interest in private entities; application; Authority permission.
(1) Notwithstanding any other provision of state law, an officer or employee of a university, except any chief executive officer, any chief financial officer, any chief research officer or any member of the authority, may, pursuant to subsections (2) and (3) of this section, apply to the authority which, under policies, rules and regulations established by the authority, may grant permission to establish and maintain a material financial interest in a private entity which provides or receives equipment, material, supplies or services in connection with the university in order to facilitate the transfer of technology developed by the officer or employee of the university from the university to commercial and industrial enterprises for economic development.
(2) To receive consideration for permission pursuant to subsection (1) of this section, the officer or employee of the university must first receive approval in writing from the chief executive officer, or his designee, of the university at which he is employed. The chief executive officer may grant approval to the officer or employee only if all the following conditions are met:
(a) The officer or employee provides a detailed description of his interest in the private entity to the chief executive officer;
(b) The nature of the undertaking or enterprise is fully described to the chief executive officer;
(c) The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking may benefit the economy of this state;
(d) The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking will not adversely affect research, public service or instructional activities at the university; and
(e) The officer's or employee's interest in the private entity, or benefit from the interest, will not adversely affect any substantial state interest.
(3) The authority may authorize an officer or employee of a university to establish and maintain a material financial interest in a private entity if all of the following conditions are met:
(a) The application as set forth in subsection (2) of this section is approved by the chief executive officer of the university at which the applying officer or employee is employed;
(b) The authority enters such application upon its minutes and reaches positive findings:
(i) That the application contains an adequately detailed description of the officer's or employee's interest in the private entity;
(ii) That the application contains a detailed description of the proposed undertaking or enterprise that is sufficient;
(iii) That the authority is satisfied that the proposed undertaking will benefit the economy of the state;
(iv) That the authority is satisfied that the proposed venture will not adversely affect research, public service or instructional activities at the university; and
(v) That the officer's or employee's interests in the private entity or benefit from the interest will not adversely affect any substantial state interest.
(4) On the recommendation of the authority, the chief executive officer of the university at which the officer or employee is employed may require that the university or the university's research corporation have a share in any royalties or shares or other proceeds or equity positions from the proposed undertaking of the private entity.
(5) The authority may establish policies, rules and regulations for the implementation of this section.
Sources: Laws, 1992, ch. 530, § 6, eff from and after July 1, 1992.
