0001|                           SENATE BILL 1217
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          FERNANDO R. MACIAS
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO ECONOMIC DEVELOPMENT; AMENDING THE DUTIES OF THE
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0012|     TECHNOLOGY ENTERPRISE DIVISION OF THE ECONOMIC DEVELOPMENT
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0013|     DEPARTMENT TO PROVIDE FOR CENTERS OF EXCELLENCE FOR RESEARCH
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0014|     AND TECHNOLOGY TRANSFER AND FOR REFERRAL SERVICES; MAKING AN
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0015|     APPROPRIATION.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  Section 9-15-16 NMSA 1978 (being Laws 1991,
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0019|     Chapter 21, Section 21) is amended to read:
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0020|          "9-15-16.  TECHNOLOGY ENTERPRISE DIVISION CREATED.--The
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0021|     "technology enterprise division" is created as a division of
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0022|     the economic development department.  The division shall:
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0023|               A.  enhance the business climate to encourage the
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0024|     start-up, relocation, development and growth of technology-
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0025|     based industry in New Mexico;
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0001|               B.  promote an expanded, diversified technology-
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0002|     based economy, emphasizing areas that:
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0003|                    (1)  derive from the state's technological
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0004|     strengths;
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0005|                    (2)  provide a commercial advantage;
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0006|                    (3)  lend themselves to a distributed
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0007|     technology-based industry network; and
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0008|                    (4)  utilize imaginative state, federal and
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0009|     private partnerships; <s>[and]</s>
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0010|               C.  attain sufficient levels of human, financial and
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0011|     physical resources to support in-state industries and attract
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0012|     new industries to New Mexico; <u>and</u>
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0013|               <u>D.  encourage the development of centers of
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<u></u>0014| <u>    excellence for research and technology transfer</u>."
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0015|          Section 2.  Section 9-15-17 NMSA 1978 (being Laws 1991,
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0016|     Chapter 21, Section 22) is amended to read:
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0017|          "9-15-17.  DIRECTOR--DUTIES.--The director of the
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0018|     technology enterprise division is responsible for the overall
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0019|     supervision of the division in accordance with the provisions
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0020|     of Section 9-15-16 NMSA 1978.  In addition, the director shall:
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0021|               A.  formulate and submit to the <u>economic
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<u></u>0022| <u>    development</u> commission a five-year state technology
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0023|     development plan;
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0024|               B.  develop and be responsible for the operating and
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0025|     capital budgets of the division;
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0001|               C.  develop agreements with federal research,
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0002|     development, testing and evaluating organizations and
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0003|     universities to facilitate the transfer and commercialization
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0004|     of technology;
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0005|               D.  recommend to the secretary <u>of economic
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<u></u>0006| <u>    development</u> proposed projects and contracts in accordance with
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0007|     the policies, procedures and guidelines established by the
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0008|     <u>economic development</u> department;
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0009|               E.  subject to the approval of the secretary <u>of
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<u></u>0010| <u>    economic development</u>, apply for and accept any federal funds
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0011|     or grants and private donations;
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0012|               F.  develop requests for proposals in technology
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0013|     commercialization areas given priority by the <u>economic
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<u></u>0014| <u>    development</u> commission in the state's economic development and
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0015|     tourism plan; receive and refer with commentary to the
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0016|     secretary <u>of economic development</u> proposals submitted in
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0017|     response to requests for proposals; confer with research
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0018|     investigators to assist them when needed; monitor progress on
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0019|     state-funded research and development projects; maintain
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0020|     contact with research and development offices of the
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0021|     universities, federal laboratories and private research
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0022|     operations; and receive reports of individual projects;
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0023|               G.  prepare an annual report on:
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0024|                    (1)  the status of the technology enterprise
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0025|     division;
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0001|                    (2)  the status of ongoing research and
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0002|     development projects;
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0003|                    (3)  the results obtained from completed
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0004|     projects and the dissemination of those results; and
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0005|                    (4)  other activities of the division;
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0006|               H.  maintain and update records on the status of all
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0007|     completed and ongoing projects;
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0008|               I.  request from each entity under contract with the
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0009|     division a detailed description of tasks and associated budgets
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0010|     for review and approval by the <u>economic development</u>
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0011|     commission; and
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0012|               J.  perform such other duties as are assigned to him
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0013|     by the secretary <u>of economic development</u> in order to further
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0014|     the purposes of Section <s>[9-15-17]</s> <u>9-15-16</u> NMSA 1978."
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0015|          Section 3.  Section 9-15-19 NMSA 1978 (being Laws 1991,
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0016|     Chapter 21, Section 24) is amended to read:
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0017|          "9-15-19.  TECHNOLOGY ENTERPRISE FUND CREATED.--There is
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0018|     created in the state treasury the "technology enterprise fund". 
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0019|     No money appropriated to this fund or accruing to it through
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0020|     cooperative research and technology transfer agreements, gifts,
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0021|     grants or bequests shall be transferred to another fund or
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0022|     encumbered or disbursed in any manner except for activities
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0023|     conducted pursuant to Sections 9-15-16 through <s>[9-15-19]</s> <u>9-
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<u></u>0024| <u>    15-20</u> NMSA 1978.  The fund shall not revert at the end of a
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0025|     fiscal year.  Money appropriated to the research and
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0001|     development fund is appropriated to the technology enterprise
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0002|     fund; provided, any existing agreement to be paid from funds
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0003|     appropriated to the research and development fund shall be paid
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0004|     from the technology enterprise fund.  Disbursements from the
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0005|     fund shall be made only upon warrant drawn by the secretary of
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0006|     finance and administration pursuant to vouchers signed by the
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0007|     secretary <u>of economic development</u> or his designee for the
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0008|     purpose of paying the cost of activities conducted pursuant to
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0009|     Sections 9-15-16 through <s>[9-15-19]</s> <u>9-15-20</u> NMSA 1978."
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0010|          Section 4.  A new Section 9-15-20 NMSA 1978 is enacted to
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0011|     read:
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0012|          "9-15-20.  [<u>NEW MATERIAL</u>]  CENTERS OF EXCELLENCE FOR
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0013|     RESEARCH AND TECHNOLOGY TRANSFER--AWARD OF FUNDS--TECHNOLOGY
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0014|     TRANSFER AND TECHNICAL REFERRAL CLEARINGHOUSE.--
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0015|               A.  The technology enterprise division is authorized
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0016|     to award funds from the technology enterprise fund for the
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0017|     purpose of establishing centers of excellence for research and
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0018|     technology transfer.  Awards of funds shall be made on a
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0019|     competitive basis and shall be based upon scientific or
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0020|     technological merit and subsequent potential for commercial
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0021|     development.
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0022|               B.  Centers of excellence for research and
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0023|     technology transfer shall primarily undertake ongoing basic
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0024|     research and applied research and development with a focus on
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0025|     long-run commercial development.  The centers should build upon
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0001|     the strengths of the state's educational institutions, national
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0002|     laboratories and private industry.
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0003|               C.  The technology enterprise division shall
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0004|     establish a clearinghouse to provide technological transfer and
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0005|     technical referral services and shall fund educational
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0006|     institutions to establish technical information databases and
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0007|     industrial liaison offices that are easily accessible by both
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0008|     public and private sector organizations.  The services provided
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0009|     shall include:
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0010|                    (1)  disseminating research and technical
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0011|     information;
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0012|                    (2)  referring clients to researchers or
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0013|     laboratories for the purpose of testing and evaluating new
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0014|     products, processes and innovations;
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0015|                    (3)  assisting persons developing innovations
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0016|     or new technology in locating enterprises or entrepreneurs that
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0017|     may be interested in applying innovations or new technologies;
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0018|     and
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0019|                    (4)  providing managerial assistance to
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0020|     enterprises requesting such assistance, but particularly to
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0021|     small enterprises of special importance to the New Mexico
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0022|     economy.
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0023|               D.  The economic development department shall adopt
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0024|     and promulgate rules and regulations necessary to implement the
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0025|     provisions of this section."
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0001|          Section 5.  APPROPRIATION.--Two million dollars
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0002|     ($2,000,000) is appropriated from the general fund to the
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0003|     technology enterprise fund in fiscal year 1998 for the purpose
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0004|     of implementing the provisions of Section 9-15-20 NMSA 1978. 
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0005|     Any unexpected or unencumbered balance remaining at the end of
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0006|     fiscal year 1998 shall not revert to the general fund.
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0007|                              
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