Combating Patent Trolls

Problem

 “Patent trolls” tax our innovation economy by amassing thousands of cheap, second-rate patents and deploying them on unsuspecting small companies, claiming unauthorized use of their intellectual property. These companies gain the rights to patents for the sole purpose of profiting through litigation or licensing, rather than by producing their own bonafide goods or services. The number of patent lawsuits has increased tenfold since 2000, and more than 60% of all patent lawsuits are filed by these “non-practicing entities,” up from 30% in 2009. And with an average lawsuit costing $1.6 million, the nefarious actions of patent trolls add up quickly. Settlements can cost upwards of $30,000, which can be devastating to a small start-up with limited capital. New companies are already at risk of failure for plenty of reasons apart from patent trolls unfairly gaming the legal system.

Solution

My legislation would protect innovation and entrepreneurship in the Commonwealth by prohibiting making a bad faith assertion of patent infringement and creating a legal means for companies to defend themselves from those litigating or threatening patent infringement litigation in bad faith. Studies have shown that in states with an already established VC presence, like Massachusetts, the passage of anti-troll laws leads to a 19% increase in the number of firms receiving VC funding, and my legislation can help us realize that economic potential.

Buy Local: How Government Spending Can Create Jobs and Support the Economy

Problem

In New Mexico alone, over $2 billion in government procurement dollars trickled to out-of-state companies in two years. This problem is replicated in varying degrees all across the nation. Even when local firms are ready and willing to bid on government contracts, loopholes in the procurement code can encourage governments to hire out-of-state firms. This limits the economic impact state spending has on the local economy.

Solution

When state and local businesses buy local, money flows directly into the local economy creating jobs, building tax revenue, reducing the ecological impacts of transport, and increasing food security. Our recent study found a clear path for government to contract more with local businesses to create thousands of permanent jobs, while also building tax revenue. We produced the first report that provides a snapshot to the public and policymakers of in-state and out-of-state purchasing by state agencies, municipalities, counties and school districts. The report provides a roadmap of doable best practices and can be replicated nationally. We have conducted a series of trainings to connect procurement officials with local businesses, and we will introduce legislation to close procurement loopholes that incentivize out-of-state spending.

Combating Patent Trolls

Problem

 “Patent trolls” tax our innovation economy by amassing thousands of cheap, second-rate patents and deploying them on unsuspecting small companies, claiming unauthorized use of their intellectual property. These companies gain the rights to patents for the sole purpose of profiting through litigation or licensing, rather than by producing their own bonafide goods or services. The number of patent lawsuits has increased tenfold since 2000, and more than 60% of all patent lawsuits are filed by these “non-practicing entities,” up from 30% in 2009. And with an average lawsuit costing $1.6 million, the nefarious actions of patent trolls add up quickly. Settlements can cost upwards of $30,000, which can be devastating to a small start-up with limited capital. New companies are already at risk of failure for plenty of reasons apart from patent trolls unfairly gaming the legal system.

Solution

My legislation would protect innovation and entrepreneurship in the Commonwealth by prohibiting making a bad faith assertion of patent infringement and creating a legal means for companies to defend themselves from those litigating or threatening patent infringement litigation in bad faith. Studies have shown that in states with an already established VC presence, like Massachusetts, the passage of anti-troll laws leads to a 19% increase in the number of firms receiving VC funding, and my legislation can help us realize that economic potential.

Rural Infrastructure, Transportation and Innovation Act

Problem

Wisconsin’s construction industry supports 100,000 people in the state, with jobs located in urban and rural areas with public and private contract opportunities. Currently, a disparity exists between large and small construction companies being awarded public building contracts. Since 2015, Wisconsin’s five largest contractors were awarded 25% of the aggregate contracts, as large companies are often able to underbid smaller companies. Small businesses face hurdles when trying to increase their workforce, improve equipment and technology, and cut costs. Another issue facing Wisconsin is a workforce shortage of skilled workers who trained at certified apprenticeship programs, learning from experts in their field.

Solution

This proposal creates tax incentives for Wisconsin construction companies that invest in employee development, business growth, and process updates. Allowing small companies to compete and win contracts could create an influx of revenue in rural communities, while increasing family-supporting jobs, and potentially lowering costs to local governments. Incentivizing smaller companies to equip themselves to compete for larger public projects will increase market competition, while creating construction cost efficiencies; with these efficiencies Wisconsin will save tax dollars on necessary projects. Additionally, if a project is awarded to a general contractor in a rural area and they are able to hire more employees, the entire community will see microeconomic growth. To help communities across the state, we must invest in our small businesses so they are able to prosper equally.

Data Science for Water Infrastructure

Problem

The City of Syracuse experiences frequent water main breaks, and the Department of Water spends most of their time responding to emergencies rather than undertaking proactive main repairs. Additionally, when the water main breaks occur, oftentimes the valves to isolate the breaks don’t work. This forces the Department of Water to use valves farther away from breaks to turn off the water, which means that more people are affected by water system failure.

Solution

We used data to develop a model with risk scores for each water main segment. These risk scores help the water department to prioritize work and identify projects to ensure that water system failures cause as little disruption as possible. With this model, Syracuse is now 5 times more likely to identify a main that is likely to break, allowing us to deploy crews to test and repair water main valves and isolate the break to the smallest area possible, thereby reducing the number of people affected by water system failures. This not only allows us to identify priority main segments and coordinate main repairs with other departments and utilities, but also allows us to adjust operations and prioritize other types of work. We have also been able to deploy technology to help identify leaks before they become debilitating breaks.

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Accelerated Career Certification for the Unemployed/Underemployed

 

Problem

The problem is that there is an existing gap between labor and the skills needed to fill positions across various industries. According to McKinsey and Company, 40% of American employers say they cannot find people with the skills they need for entry-level jobs; 60% of American employers say applicants are not prepared for entry level jobs. This law also addresses getting unemployed and underemployed individuals back to work – in New Jersey, according to the US Department of Labor, approximately 9% of our workforce is underutilized, amounting to more than 418,000 workers.

Solution

The new law will direct the Commissioner of Labor and Workforce Development, in consultation with the Higher Education, county colleges, county vocational schools, and the Adult Education-High School Equivalency Office, to design and implement a pilot program through which an eligible adult may obtain a career and technical certificate on an accelerated schedule. The law will require the commissioner to ensure that the pilot program includes at least 20 “industry recognized” certificate programs, and that the maximum time to complete a program does not exceed 12 months. The law will also require that each course offered through the program integrates appropriate math, English, career and technical instruction.

Second Chance Scholars Program

Problem

Young adults and teenagers can be disconnected from their communities, schools, and the workforce, which can lead to involvement in violence and crime. 

Solution

For years the county has had a summer jobs program for high school students. Months into his first term, Matthew Meyer created a Second Chance Scholars program. Mr. Meyer utilized data gathered by the Centers for Disease Control and Prevention in a recent epidemiological study that identified characteristics most often found in young adults and teenagers engaged in violence in New Castle County’s largest city. The administration then identified a small group of high school students with such characteristics and invited them into the summer jobs program. Using data and smart science, Mr. Meyer’s administration is focused on identifying those individuals most likely to engage in criminal activity and immersing such individuals in alternatives to violence, educational and job training opportunities, mentorship and networks of community support.

Common Sense Regulations for Ride Share Companies

Problem

Popular ride-sharing companies like Uber and Lyft were operating in Connecticut cities and towns without any regulation.

Solution

After meeting with consumer protection advocates and representatives of the companies for two years, I crafted legislation establishing common sense regulations for ride-share companies like background checks for drives, vehicle safety inspections, minimum insurance standards and bans on surge pricing during severe weather or emergencies. The bill became law in 2017 and, in the end, was publicly supported by both Uber and Lyft proving that government and business can work together in the best interest of consumers.

Battlefields to Boardrooms

Problem

Veterans have a higher unemployment rate than the broader labor market. The idea that veterans come home and have trouble finding long-term employment is unacceptable.

Solution

My proposal utilizes our tax code to encourage employers to provide work opportunities to those who have honorably served our country. The NJ Battlefield to Boardroom Act would provide a corporation business tax credit and gross income tax credit for qualified wages of certain veterans. These two credits would provide an employer with a credit in the amount of 10 percent of the wages paid to a veteran. The credits may not exceed $1,200 for each qualified veteran per tax year. The bill also contains provisions aimed at preventing potential misuse of the credit, prohibiting taxpayers from simultaneously using the wages or employment of a veteran to qualify for this credit and any other generally available employment incentive that comes in the form of a New Jersey tax credit or grant.

Creating Portable Benefits

 

Problem

When people are employed as part-time workers or independent contractors, they are less likely to have access to traditional benefits and more likely to face financial and personal stress. American workers have traditionally relied upon their employers to provide the social guarantees that allow individuals and families to prosper, including health insurance, workers compensation, retirement plans, paid sick leave, life insurance, etc. However, as employers embrace the “gig economy” and move to hiring independent contractors and other non-traditional workers, benefits are no longer required or provided. Due to the instability that is inherent to so much of their work, non-traditional workers have a serious need for workplace benefits.

Solution

To establish a fund that allows policy experimentation to see what works in order to ensure the dignity and security for workers and their families in a rapidly changing economy. The purpose of my bill, An Act establishing portable benefits for independent workers innovation fund, does just that. It establishes a statewide program that will encourage employers and organizations to find innovative ways to provide this growing independent workforce with access to many of the social insurance protections that are typically provided to workers through traditional full-time employment.