BILL NUMBER: ACR 252	CHAPTERED
	BILL TEXT

	RESOLUTION CHAPTER  190
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2004
	ADOPTED IN SENATE  AUGUST 26, 2004
	ADOPTED IN ASSEMBLY  AUGUST 18, 2004

INTRODUCED BY   Assembly Member Mullin

                        JULY 8, 2004

   Assembly Concurrent Resolution No. 252--Relative to the California
Council on Science and Technology.


	LEGISLATIVE COUNSEL'S DIGEST


   ACR 252, Mullin.  California Council on Science and Technology.
   This measure would request the California Council on Science and
Technology to create a study group, as specified, on how the State of
California should treat intellectual property created under state
contracts.




   WHEREAS, California is home to many of the world's top research
universities, national laboratories, and leading-edge high technology
companies that generate significant intellectual property; and
   WHEREAS, It is in the interest of the state to ensure that the
results of state-funded research are promptly protected and
developed; and it is in the interest of the state to facilitate,
promote, and enhance technology transfer programs that will
facilitate the transfer of technology into the marketplace for the
public benefit; and
   WHEREAS, The State of California supports the establishment of
government-university-industry partnerships to develop leading-edge
research results that would encourage economic development through
growth of small business, development of emerging industries, and
creation of jobs within the state; and
   WHEREAS, The Bureau of State Audits Report, "State-Owned"
Intellectual Property, November 2000, stated that policies and
guidelines should be established to assist state agencies in
determining how best to administer state-owned intellectual property
so that it can be utilized in the best interests of the public; and
   WHEREAS, The Legislature supports the use of efficient models to
develop and streamline infrastructures, policies, and processes for
the management of intellectual property developed under state funding
in order to stimulate economic development in the state similar to
the approach used by the federal government; and
   WHEREAS, A comprehensive intellectual property policy can foster
major technological developments; and
   WHEREAS, In this time of fiscal crisis, it is necessary for the
state to create public-private partnerships; and
   WHEREAS, The California Council on Science and Technology has a
proven record of accomplishment in providing timely, impartial
analyses of complex issues for the legislative and executive branches
of government, including energy research in the Public Interest
Energy Research Program, Critical Path Analysis of California's
Science and Technology Education System and Nanoscience and
Nanotechnology:  Opportunities and Challenges in California; now,
therefore, be it
   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature requests the California
Council on Science and Technology to create a special study group to
develop recommendations to the Governor and the Legislature on how
the state should treat intellectual property created under state
contracts, grants, and agreements, including, but not limited to, the
following:
   (1) Promoting the utilization of intellectual property arising
from state-supported contracts, grants, and agreements.
   (2) Encouraging maximum participation of small business firms in
those state-supported awards.
   (3) Promoting collaboration between commercial concerns and
nonprofit organizations, including universities.
   (4) Ensuring that the intellectual property created by nonprofit
organizations and small business firms is used in a manner to promote
free competition and enterprise without unduly encumbering future
research and discovery.
   (5) Promoting the commercialization and public availability of
that intellectual property made in the state by California and United
States industry and labor.
   (6) Ensuring that there are mechanisms in place that allow the
state to obtain certain minimal rights in state-supported
intellectual property to meet the needs of the state and protect the
public against nonuse or unreasonable use of that intellectual
property.
   (7) Minimizing the costs of administering policies in this area;
and be it further
   Resolved, That the Legislature requests the California Council on
Science and Technology, upon creation of the study group, to work
with its sustaining institutions, state agencies, including the
office of the Attorney General, and other organizations, to complete
this study.  Members of the study group are to include, but are not
limited to, the following:
   (1) The Department of General Services.
   (2) Experts in contract and licensing with the state and federal
governments.
   (3) Research and development practitioners.
   (4) Experts in technology transfer.
   (5) Individuals representing the public interest; and be it
further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the Attorney General and the Department of General
Services.