Bill Text: CA AB2880 | 2015-2016 | Regular Session | Amended
Bill Title: State intellectual property.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB2880 Detail]
Download: California-2015-AB2880-Amended.html
BILL NUMBER: AB 2880 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2016
AMENDED IN SENATE JUNE 16, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Committee on Judiciary (Assembly Members Mark Stone
(Chair), Alejo, Chau, Chiu, Cristina Garcia, Holden, and Ting)
FEBRUARY 25, 2016
An act to amend Section 14615.1 of, and to add Section
6253.11 to, of the Government Code, and to amend
Section 10335 of the Public Contract Code, relating to state
intellectual property.
LEGISLATIVE COUNSEL'S DIGEST
AB 2880, as amended, Committee on Judiciary. State intellectual
property.
(1) The California Public Records Act requires a state or local
agency, as defined, to make public records available for inspection,
subject to certain exceptions.
This bill would require a public agency to comply with a request
to inspect or copy a public record that is protected by the federal
Copyright Revision Act of 1976 unless the record is otherwise exempt
from disclosure.
(2)
(1) Under existing law, contracts by state agencies for
services rendered to the state are, with certain exceptions, of no
effect unless and until approved by the Department of General
Services. Existing law imposes various requirements with respect to
contracts for services rendered to the state. Existing law requires
the department to develop factors for state agencies to consider in
deciding whether to sell or license their intellectual property.
This bill would, for contracts entered into on or after January 1,
2017, require a state agency entering into a contract for services
to consider the intellectual property rights of both the state and
the contracting party unless the agency, prior to execution of the
contract, obtains the consent of the department.
(3)
(2) Existing law exempts from the Administrative
Procedure Act certain actions to maintain, develop, or prescribe
processes, procedures, or policies by the Department of General
Services that are required or authorized by the Legislature with
respect to the general operations of the department or the awarding
of state contracts.
This bill would additionally exempt those actions taken with
respect to the department's above-described duties relating to the
management and development of state intellectual property, as
provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6253.11 is added to the
Government Code, to read:
6253.11. A public agency shall comply with a request to inspect
or copy a public record that is protected by the Copyright Revision
Act of 1976 (17 U.S.C. Sec. 101 et seq.) to the extent permitted by
this chapter, unless that public record is otherwise exempt from
disclosure under any other law, including, but not limited to,
Sections 6254 and 6255.
SEC. 2. SECTION 1. Section 14615.1
of the Government Code is amended to read:
14615.1. (a) Where the Legislature directs or authorizes the
department to maintain, develop, or prescribe processes, procedures,
or policies in connection with the administration of its duties under
this chapter and Chapter 2 (commencing with Section 14650) of this
part, Chapter 2 (commencing with Section 13988) of Part 4.5, or
Section 6611 of the Public Contract Code or Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code, the action
by the department shall be exempt from the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with Section
11400), and Chapter 5 (commencing with Section 11500)). This section
shall apply to actions taken by the department with respect to the
State Administrative Manual and the State Contracting Manual.
(b) To the extent permitted by the United States and California
Constitutions, subdivision (a) also applies to actions taken by the
department prior to January 1, 1999, with respect to competitive
procurement in the State Administrative Manual and the State
Contracting Manual.
SEC. 3. SEC. 2. Section 10335 of the
Public Contract Code is amended to read:
10335. (a) This article shall apply to all contracts, including
amendments, entered into by any state agency for services to be
rendered to the state, whether or not the services involve the
furnishing or use of equipment, materials, or supplies or are
performed by an independent contractor. Except as provided in
Sections 10295.6 and 10351, and paragraphs (8) and (9) of subdivision
(b) of Section 10340, all contracts subject to this article are of
no effect unless and until approved by the department. Each contract
shall be transmitted with all papers, estimates, and recommendations
concerning it to the department and, if approved by the department,
shall be effective from the date of approval. This article shall
apply to any state agency that by general or specific statute is
expressly or impliedly authorized to enter into the transactions
referred to in this section. This article shall not apply to
contracts for the construction, alteration, improvement, repair, or
maintenance of real or personal property, contracts for services
subject to Chapter 10 (commencing with Section 4525) of Division 5 of
Title 1 of the Government Code, to contracts that are listed as
exceptions in Section 10295, contracts of less than five thousand
dollars ($5,000) in amount, contracts of less than five thousand
dollars ($5,000) where only per diem or travel expenses, or a
combination thereof, are to be paid, contracts between state
agencies, or contracts between a state agency and local agency or
federal agency.
(b) In exercising its authority under this article with respect to
contracts for the services of legal counsel, other than the Attorney
General, entered into by any state agency that is subject to Section
11042 or Section 11043 of the Government Code, the department, as a
condition of approval of the contract, shall require the state agency
to demonstrate that the consent of the Attorney General to the
employment of the other counsel has been granted pursuant to Section
11040 of the Government Code. This consent shall not be construed in
a manner that would authorize the Attorney General to establish a
separate program for reviewing and approving contracts in the place
of, or in addition to, the program administered by the department
pursuant to this article.
(c) Until January 1, 2001, the department shall maintain a list of
contracts approved pursuant to subdivision (b). This list shall be
filed quarterly with the Senate Committee on Budget and Fiscal Review
and the Assembly Committee on Budget. The list shall be limited to
contracts with a consideration in excess of twenty thousand dollars
($20,000) during the life of the contract and shall include
sufficient information to identify the provider of legal services,
the length of each contract, applicable hourly rates, and the need
for the services. The department shall add a contract that meets
these conditions to the list within 10 days after approval. A copy of
the list shall be made available to any requester. The department
may charge a fee to cover the cost of supplying the list as provided
in Section 6253 of the Government Code.
(d) (1) In exercising its authority under this article, a state
agency shall consider the processes, procedures, or policies
developed by the department pursuant to Chapter 2 (commencing with
Section 13988) of Part 4.5 of Division 3 of Title 2 of the Government
Code.
(2) For contracts under this article entered into on or after
January 1, 2017, a state agency shall consider the intellectual
property rights of both the state and the contracting party unless
the state agency, prior to execution of the contract, obtains the
consent of the department.
(e) Contracts subject to the approval of the department shall also
have the department's approval for a modification or amendment
thereto, with the following exceptions:
(1) An amendment to a contract that only extends the original time
for completion of performance for a period of one year or less is
exempt. If the original contract was subject to approval by the
department, one fully executed copy including transmittal document,
explaining the reason for the extension, shall be sent to the legal
office of the department. A contract may only be amended once under
this exemption.
(2) Contracts let or awarded on the basis of a law requiring
competitive bidding may be modified or amended only if the contract
so provides or if authorized by the law requiring competitive
bidding.
(3) If an amendment to a contract has the effect of giving the
contract as amended an increase in monetary amount, or an agreement
by the state to indemnify or save harmless any person, the amendment
shall be approved by the department.
