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.
end deleteThis 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.
end delete(2)
end deletebegin insert(1)end insert 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)
end deletebegin insert(2)end insert 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 6253.11 is added to the Government
2Code, to read:
A public agency shall comply with a request to inspect
4or copy a public record that is protected by the Copyright Revision
5Act of 1976 (17 U.S.C. Sec. 101 et seq.) to the extent permitted
6by this chapter, unless that public record is otherwise exempt from
7disclosure under any other law, including, but not limited to,
8Sections 6254 and 6255.
Section 14615.1 of the Government Code is
11amended to read:
(a) Where the Legislature directs or authorizes the
13department to maintain, develop, or prescribe processes,
14procedures, or policies in connection with the administration of
15its duties under this chapter and Chapter 2 (commencing with
16Section 14650) of this part, Chapter 2 (commencing with Section
P3 113988) of Part 4.5, or Section 6611 of the Public Contract Code
2or Part 2 (commencing with Section 10100) of Division 2 of the
3Public Contract Code, the action by the department shall be exempt
4from the Administrative Procedure Act (Chapter 3.5 (commencing
5with Section 11340), Chapter 4 (commencing with Section 11370),
6Chapter 4.5 (commencing with Section 11400), and Chapter 5
7(commencing with Section 11500)). This section shall apply to
8
actions taken by the department with respect to the State
9Administrative Manual and the State Contracting Manual.
10(b) To the extent permitted by the United States and California
11Constitutions, subdivision (a) also applies to actions taken by the
12department prior to January 1, 1999, with respect to competitive
13procurement in the State Administrative Manual and the State
14Contracting Manual.
Section 10335 of the Public Contract Code is amended
17to read:
(a) This article shall apply to all contracts, including
19amendments, entered into by any state agency for services to be
20rendered to the state, whether or not the services involve the
21furnishing or use of equipment, materials, or supplies or are
22performed by an independent contractor. Except as provided in
23Sections 10295.6 and 10351, and paragraphs (8) and (9) of
24subdivision (b) of Section 10340, all contracts subject to this article
25are of no effect unless and until approved by the department. Each
26contract shall be transmitted with all papers, estimates, and
27recommendations concerning it to the department and, if approved
28by the department, shall be effective from the date of approval.
29This article shall apply to any state agency that by
general or
30specific statute is expressly or impliedly authorized to enter into
31the transactions referred to in this section. This article shall not
32apply to contracts for the construction, alteration, improvement,
33repair, or maintenance of real or personal property, contracts for
34services subject to Chapter 10 (commencing with Section 4525)
35of Division 5 of Title 1 of the Government Code, to contracts that
36are listed as exceptions in Section 10295, contracts of less than
37five thousand dollars ($5,000) in amount, contracts of less than
38five thousand dollars ($5,000) where only per diem or travel
39expenses, or a combination thereof, are to be paid, contracts
P4 1between state agencies, or contracts between a state agency and
2local agency or federal agency.
3(b) In exercising its authority under this article with respect to
4contracts for the
services of legal counsel, other than the Attorney
5General, entered into by any state agency that is subject to Section
611042 or Section 11043 of the Government Code, the department,
7as a condition of approval of the contract, shall require the state
8agency to demonstrate that the consent of the Attorney General to
9the employment of the other counsel has been granted pursuant to
10Section 11040 of the Government Code. This consent shall not be
11construed in a manner that would authorize the Attorney General
12to establish a separate program for reviewing and approving
13contracts in the place of, or in addition to, the program administered
14by the department pursuant to this article.
15(c) Until January 1, 2001, the department shall maintain a list
16of contracts approved pursuant to subdivision (b). This list shall
17be filed quarterly with the Senate
Committee on Budget and Fiscal
18Review and the Assembly Committee on Budget. The list shall be
19limited to contracts with a consideration in excess of twenty
20thousand dollars ($20,000) during the life of the contract and shall
21include sufficient information to identify the provider of legal
22services, the length of each contract, applicable hourly rates, and
23the need for the services. The department shall add a contract that
24meets these conditions to the list within 10 days after approval. A
25copy of the list shall be made available to any requester. The
26department may charge a fee to cover the cost of supplying the list
27as provided in Section 6253 of the Government Code.
28(d) (1) In exercising its authority under this article, a state
29agency shall consider the processes, procedures, or policies
30developed by the department
pursuant to Chapter 2 (commencing
31with Section 13988) of Part 4.5 of Division 3 of Title 2 of the
32Government Code.
33(2) For contracts under this article entered into on or after
34January 1, 2017, a state agency shall consider the intellectual
35property rights of both the state and the contracting party unless
36the state agency, prior to execution of the contract, obtains the
37consent of the department.
38(e) Contracts subject to the approval of the department shall
39also have the department’s approval for a modification or
40
amendment thereto, with the following exceptions:
P5 1(1) An amendment to a contract that only extends the original
2time for completion of performance for a period of one year or
3less is exempt. If the original contract was subject to approval by
4the department, one fully executed copy including transmittal
5document, explaining the reason for the extension, shall be sent
6to the legal office of the department. A contract may only be
7amended once under this exemption.
8(2) Contracts let or awarded on the basis of a law requiring
9competitive bidding may be modified or amended only if the
10contract so provides or if authorized by the law requiring
11competitive bidding.
12(3) If an amendment to a contract has the
effect of giving the
13contract as amended an increase in monetary amount, or an
14agreement by the state to indemnify or save harmless any person,
15the amendment shall be approved by the department.
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