SENATE BILL
55th legislature - STATE OF NEW MEXICO - second session, 2022
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO ECONOMIC DEVELOPMENT; CREATING THE TECHNOLOGY RESEARCH COLLABORATIVE FUND; AUTHORIZING GRANTS FOR TECHNOLOGY RESEARCH; REPEALING THE NEW MEXICO RESEARCH APPLICATIONS ACT; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 21-11-8.6 NMSA 1978 (being Laws 2013, Chapter 130, Section 1) is amended to read:
"21-11-8.6. 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] technology research collaborative shall be administratively attached to the economic development department.
B. Participating institutions associated with the technology research collaborative shall include national laboratories, other major research institutes and all of the post-secondary educational institutions in New Mexico.
C. The purpose of the technology research collaborative is 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, encourage new opportunities for business and increase jobs; and
(3) commercialize the intellectual property that is created. [and
(4) create a work force to support enterprises based on the intellectual property that is created]
D. Intellectual property created by an employee or agent of an institution associated with the technology research collaborative shall be owned by that institution. Intellectual property created jointly by the technology research collaborative and an institution shall be owned jointly by those entities. 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.] E. 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, the university of New Mexico health sciences center, New Mexico state university and the New Mexico institute of mining and technology;
(3) [five] two 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;
(6) the director of the air force research laboratory at Kirtland air force base or the director's designee; and
(7) the director of the army research laboratory at White Sands missile range or the director's designee.
[G.] F. Appointed members shall serve for two-year terms at the pleasure of the governor. Members shall serve until their successors have been appointed. The governor may fill any vacancy on the board for the remainder of an unexpired term.
[H.] G. 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 the board shall meet a minimum of four times per year. Board members shall not vote by proxy.
[I.] H. 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.] I. The board [shall]:
(1) may 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 technology research collaborative; and
(2) shall prepare annual reports to the legislature on the expenditures and progress of the technology research collaborative.
J. The "technology research collaborative fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and other money distributed or otherwise allocated to the fund. Balances in the fund at the end of any fiscal year shall not revert to the general fund. The economic development department shall administer the fund. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of economic development or the secretary's authorized representative.
K. Money in the technology research collaborative fund may be used to make grants of not less than fifty thousand dollars ($50,000) and not greater than five hundred thousand dollars ($500,000) to provide financing for technology research and marketing through grants to participating institutions associated with the technology research collaborative. Grants may be approved only by an affirmative vote of at least seven members of the board. Grants shall include at least the university of New Mexico, the university of New Mexico health sciences center, New Mexico state university or the New Mexico institute of mining and technology and Sandia national laboratories, Los Alamos national laboratory, the air force research laboratory at Kirtland air force base or the army research laboratory at White Sands missile range. Grants shall be evaluated and approved or denied based upon the following criteria:
(1) the member institutions involved in the grant;
(2) the purpose for which the matured technology may be used;
(3) the commercial market potential for the matured technology;
(4) the readiness of the technology for potential commercial use;
(5) resources needed to complete the technology development;
(6) the proposed time line for completion of the technology development; and
(7) the potential for private sector job creation resulting from commercialized use of the matured technology.
L. Money in the technology research collaborative fund may be used for administrative and reimbursable costs incurred by the technology research collaborative and by the economic development department."
SECTION 2. APPROPRIATION.--Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the technology research collaborative fund for expenditure in fiscal year 2023 and subsequent fiscal years for grants in support of the purposes of the technology research collaborative; provided that not more than five million dollars ($5,000,000) shall be expended in any one fiscal year. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
SECTION 3. REPEAL.--Sections 53-7B-1 through 53-7B-10 NMSA 1978 (being Laws 2009, Chapter 66, Sections 1 through 10) are repealed.
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.
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