AN ACT

RELATING TO HIGHER EDUCATION; CREATING THE TECHNOLOGY RESEARCH COLLABORATIVE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. TECHNOLOGY RESEARCH COLLABORATIVE CREATED--PURPOSE.--

          A. The "technology research collaborative" is created. The New Mexico institute of mining and technology shall be the fiscal agent for the collaborative.

          B. Participating institutions associated with the collaborative shall include national laboratories, other major research institutes and all the post-secondary institutions of New Mexico.

          C. The purposes of the collaborative are to:

                (1) establish advanced technology centers based on the wealth of scientific and technical talent that exists in the member institutions;

                (2) develop and create new intellectual property for the state and encourage new opportunities for business and increased jobs;

                (3) commercialize the intellectual property; and

                (4) create a work force to support enterprises based on the intellectual property.

          D. Intellectual property created by an employee or agent of an institution associated with the collaborative shall be owned by that institution. Intellectual property created jointly shall be owned jointly. If the intellectual property is created using federal funds, the applicable federal laws and regulations shall govern the ownership.

          E. The collaborative may receive appropriations from the legislature through the board of regents of the New Mexico institute of mining and technology and may receive any other items of value from public or private sources.

          F. The "board of the technology research collaborative" is created. The board shall consist of eleven members as follows:

                (1) the governor, or the governor's designee, who shall chair the collaborative;

                (2) the presidents, or their designees, of the university of New Mexico, New Mexico state university and New Mexico institute of mining and technology;

                (3) five members at large, appointed by the governor with the consent of the senate;

                (4) the director of Sandia national laboratories, or the director's designee; and

                (5) the director of Los Alamos national laboratory, or the director's designee.

          G. Appointed members shall serve for two-year terms at the pleasure of the governor. Members serve until their successors have been appointed. The governor may fill any vacancy on the board for the remainder of an unexpired term.

          H. The board may elect officers as it deems necessary to carry out its duties. A majority of the members of the board shall constitute a quorum for the transaction of business, and shall meet four times per year. Board members shall not vote by proxy.

          I. Public members of the board shall receive per diem and mileage pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

          J. The board shall:

                (1) employ a director and other staff, who shall be exempt from the provisions of the Personnel Act, as the board deems necessary to provide continuity and management of the collaborative; and

                (2) prepare annual reports to the legislature on expenditures and progress of the collaborative.