0001| HOUSE BILL 57 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| KIP W. NICELY | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO POST-SECONDARY EDUCATION; INCLUDING UTILITY | 0012| FACILITIES AND HEALTH CARE FACILITIES IN THE DEFINITION OF | 0013| RESEARCH PARKS; EXPANDING THE PURPOSE OF THE RESEARCH PARK ACT | 0014| TO INCLUDE SCIENCE, CONSERVATION AND HEALTH CARE; MAKING A | 0015| RESEARCH PARK AN AGENCY OR POLITICAL SUBDIVISION FOR THE | 0016| PURPOSE OF FURNISHING GOODS AND SERVICES TO THE OPERATING | 0017| UNIVERSITY. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. Section 21-28-2 NMSA 1978 (being Laws 1989, | 0021| Chapter 264, Section 2) is amended to read: | 0022| "21-28-2. RESEARCH PARK--PURPOSE.--The purpose of the | 0023| University Research Park Act is to: | 0024| |A.| promote the public welfare and prosperity of | 0025| the people of New Mexico; ~[and]~ | - 1 - 0001| |B.| foster economic development within ~[the | 0002| state by forging]~ |New Mexico|; | 0003| |C. forge| links between ~[the state's]~ |New | 0004| Mexico's| educational institutions, business and industrial | 0005| communities and government through the development of research | 0006| parks on university real property; and ~[through]~ | 0007| |D. engage in| other cooperative ventures of | 0008| innovative technological significance ~[which]~ |that| will | 0009| advance education, |science|, research, |conservation, health | 0010| care| or economic development within ~[the state]~ |New | 0011| Mexico|." | 0012| Section 2. Section 21-28-3 NMSA 1978 (being Laws 1989, | 0013| Chapter 264, Section 3, as amended) is amended to read: | 0014| "21-28-3. DEFINITIONS.--As used in the University | 0015| Research Park Act: | 0016| A. "bond" or "bonds" means any bond, note or other | 0017| evidence of indebtedness; | 0018| B. "regents" means: | 0019| (1) in the case of an educational institution | 0020| named in Article 12, Section 11 of the constitution of New | 0021| Mexico, the board of regents of the institution; | 0022| (2) in the case of a community college, the | 0023| community college board; | 0024| (3) in the case of a technical and vocational | 0025| institute, the governing board of the technical and vocational | - 2 - 0001| institute district; and | 0002| (4) in the case of an area vocational school, | 0003| the governing board of the area vocational school district; | 0004| C. "research park" means research and development | 0005| facilities, research institutes, testing laboratories, | 0006| offices, light manufacturing, |utility facilities, health care | 0007| facilities|, related businesses, ~[and]~ government | 0008| installations and similar facilities, ~[together with]~ | 0009| |including| land; ~[including]~ all necessary appurtenances; | 0010| |and| rights and franchises acquired, constructed and | 0011| developed by a university or under its authority ~[which]~ | 0012| |that| are suitable or necessary to promote the social welfare | 0013| ~[of the state]~ of New Mexico through the advancement of | 0014| education, science, research, |conservation, health care|, | 0015| economic development and related purposes; | 0016| D. "research park corporation" means any | 0017| corporation formed pursuant to the provisions of the | 0018| University Research Park Act; | 0019| E. "technological innovations" means research, | 0020| development, prototype assembly, manufacture, patenting, | 0021| licensing, marketing and sale of inventions, ideas, practices, | 0022| applications, processes, machines, technology and related | 0023| property rights of all kinds; and | 0024| F. "university" means: | 0025| (1) a New Mexico educational institution | - 3 - 0001| named in Article 12, Section 11 of the constitution of New | 0002| Mexico; | 0003| (2) a community college organized pursuant to | 0004| the Community College Act; | 0005| (3) a technical and vocational institute | 0006| organized pursuant to the Technical and Vocational Institute | 0007| Act; and | 0008| (4) an area vocational school organized | 0009| pursuant to ~[the Area Vocational School Act]~ |Chapter 21, | 0010| Article 17 NMSA 1978|." | 0011| Section 3. Section 21-28-6 NMSA 1978 (being Laws 1989, | 0012| Chapter 264, Section 6) is amended to read: | 0013| "21-28-6. POWERS OF RESEARCH PARK CORPORATION.--A | 0014| research park corporation shall have all the powers necessary | 0015| and convenient to carry out and effectuate the provisions of | 0016| the University Research Park Act, including but not limited to | 0017| the power |to|: | 0018| A. ~[to]~ approve or disapprove ~[research]~ | 0019| proposals; | 0020| B. ~[to]~ sue and be sued in its corporate name; | 0021| C. ~[to]~ purchase, take, receive or otherwise | 0022| acquire; own, hold, |dispose of or| use; and otherwise deal in | 0023| and with ~[real property or personal]~ property, including |an | 0024| interest in or ownership of| intangible personal property | 0025| ~[and]~, intellectual property ~[and]~ |or| technological | - 4 - 0001| innovations ~[or any interest therein]~; | 0002| D. ~[to]~ sell, convey, pledge, exchange, transfer | 0003| ~[and]~ |or| otherwise dispose of ~[all or any part of any | 0004| of]~ its assets and properties for ~[such]~ consideration upon | 0005| ~[such]~ terms and conditions ~[as]~ |that| the corporation | 0006| shall determine; provided that any sale, conveyance, pledge, | 0007| exchange, transfer or disposal of ~[any]~ |a| real property | 0008| interest by a research park corporation shall be made in | 0009| accordance with the provisions of Section 13-6-2 NMSA 1978; | 0010| E. ~[to]~ make contracts, incur liabilities | 0011| ~[and]~ |or| borrow money at ~[such]~ rates of interest ~[as]~ | 0012| |that| the research park corporation may determine; | 0013| F. ~[to]~ make and execute all contracts, | 0014| agreements ~[and]~ |or| instruments necessary or convenient in | 0015| the exercise of the powers and functions of the corporation | 0016| granted by ~[this]~ |the University Research Park Act|; | 0017| G. ~[to]~ receive and administer grants, contracts | 0018| and private gifts; | 0019| H. ~[to]~ invest and reinvest its funds; | 0020| I. ~[to]~ conduct its activities, carry on its | 0021| operations, have offices and exercise the powers granted by | 0022| the University Research Park Act; | 0023| J. ~[to]~ make and alter bylaws ~[not | 0024| inconsistent]~ |that may contain provisions indemnifying any | 0025| person who is or was a director, officer, employee or agent of | - 5 - 0001| the corporation and that are consistent| with the University | 0002| Research Park Act, for the administration and regulation of | 0003| the affairs of research park corporations ~[and such bylaws | 0004| may contain provisions indemnifying any person who is or was a | 0005| director, officer, employee or agent of the corporation]~; | 0006| K. ~[to]~ employ ~[such]~ officers and employees | 0007| ~[as]~ |that| it deems necessary, set their compensation and | 0008| prescribe their duties; | 0009| L. ~[to]~ enter into agreements with insurance | 0010| carriers to insure against any loss in connection with its | 0011| operations; | 0012| M. ~[to]~ authorize retirement programs and other | 0013| benefits for salaried officers and employees of the research | 0014| park corporation; | 0015| N. ~[to]~ employ fiscal consultants, attorneys and | 0016| ~[such]~ other consultants ~[and employees as]~ |that| may be | 0017| required ~[in its judgment]~ and to fix and pay their | 0018| compensation; |and| | 0019| O. ~[to acquire, hold and dispose of intellectual | 0020| property and technological innovations and]~ enter into | 0021| license agreements and contracts, |including those| involving | 0022| intellectual property and technological innovations such as | 0023| patents, copyrights, franchises |and| trademarks ~[and matters | 0024| related thereto; and | 0025| P. to do all things authorized by law not | - 6 - 0001| inconsistent with the provisions of the University Research | 0002| Park Act]~." | 0003| Section 4. Section 21-28-7 NMSA 1978 (being Laws 1989, | 0004| Chapter 264, Section 7, as amended) is amended to read: | 0005| "21-28-7. LIMITATIONS ON APPLICATION OF LAWS.--~[Except | 0006| as provided in this section]~ | 0007| |A.| A research park corporation shall not be | 0008| deemed an agency, ~[or]~ public body or other political | 0009| subdivision of ~[the state]~ |New Mexico|, including for | 0010| purposes of applying statutes and laws relating to personnel, | 0011| procurement of goods and services, meetings of the board of | 0012| directors, gross receipts tax, disposition or acquisition of | 0013| ~[real or personal]~ property, capital outlays, per diem and | 0014| mileage and inspection of records. | 0015| |B.| A research park corporation shall be deemed | 0016| an agency or other political subdivision of the state for | 0017| purposes of applying statutes and laws relating to the | 0018| |furnishing of goods and services to the university that | 0019| operates it and the| risk management fund. ~[and]~ | 0020| |C.| A research park corporation, its officers, | 0021| directors and employees shall be granted immunity from | 0022| liability for any tort as provided in the Tort Claims Act. A | 0023| research park corporation may ~[also]~ enter into agreements | 0024| with insurance carriers to insure against ~[any]~ |a| loss in | 0025| connection with its operations even though the loss may be | - 7 - 0001| included among losses covered by the risk management fund of | 0002| ~[the state]~ |New Mexico|." | 0003|  |