Bill Text: CA AB20 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: University of California: California State University:

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 402, Statutes of 2009. [AB20 Detail]

Download: California-2009-AB20-Introduced.html

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BILL NUMBER: AB 20	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Solorio

                        DECEMBER 1, 2008

   An act to add Article 6 (commencing with Section 92060) to Chapter
1 of Part 57 of Division 9 of Title 3 of the Education Code,
relating to the University of California.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 20, as introduced, Solorio. University of California:
contracts.
   Existing law establishes the University of California as a public
trust administered by the Regents of the University of California.
Employees of the university provide instruction to students and
conduct research at each of the 10 campuses of the university, which
are located in Berkeley, Davis, Irvine, Los Angeles, Merced,
Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz.
   This bill would urge the regents, and require the Department of
General Services, to establish a model contract with standard
contract provisions. The bill would define the term contract to mean
a research, training, or service agreement between the state and the
university, or a grant from the state to the university for research,
training, or service. The bill would require that, to the extent
feasible, these standard contract provisions include, but not
necessarily be limited to, provisions relating to specified legal
issues. The bill would require that any and all standard provisions
in the model contract agreed upon under the bill be used in contracts
entered into between the university and the state, unless either of
the contracting parties determines that a specific standard contract
provision is inappropriate for a specific contract. The bill would
authorize the Department of General Services to use the services of
any state agency, defined to include every state office, officer,
department, division, bureau, board, and commission, in implementing
the bill.
   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.  Article 6 (commencing with Section 92060) is added to
Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code,
to read:

      Article 6.  Contracts


   92060.  For the purposes of this article, "contract" means a
research, training, or service agreement between the state and the
University of California or a grant from the state to the University
of California for research, training, or service.
   92060.5.  The Legislature finds and declares all of the following:

   (a) The University of California is the state's premier public
university.
   (b) The university receives about $3 billion from the state
General Fund each year.
   (c) In the 2006-07 fiscal year, state agencies and departments
entered into a total of 1,266 contracts or contract amendments with
the university.
   (d) Many of these contracts contain similar provisions, such as
provisions dealing with issues relating to liability, intellectual
property, the right to undertake additional research, the right to
publish, hiring, personnel, invoicing, and payments.
   (e) The provisions of each contract or contract amendment are
typically negotiated between attorneys representing the state
agencies and departments and attorneys representing the university.
   (f) The drafting of many of these contracts takes six months to a
year, and, in many cases, the state is paying for both sides of the
contract negotiations.
   (g) It would be more cost effective and efficient if the state and
the university would establish standardized "boilerplate" provisions
that would apply to all contracts between the state and the
university, allowing for variations only in unusual situations.
   (h) The federal government has established the Federal
Demonstration Partnership, which provides for uniform contracting
provisions.
   92061.  (a) The regents are urged to, and the Department of
General Services, acting for the state, shall, establish a model
contract with standard contract provisions. The Department of General
Services shall seek the active participation of state agencies and
departments that have contracts with the university. The model
contract may be revised in a manner determined by the university and
the Department of General Services. To the extent feasible, these
standard contract provisions shall include, but not necessarily be
limited to, provisions relating to all of the following:
   (1) Liability.
   (2) Intellectual property.
   (3) The right to undertake additional research.
   (4) The right to publish.
   (5) Hiring and other personnel-related matters.
   (6) Invoicing.
   (7) Payments.
   (8) Dispute resolution.
   (9) Travel.
   (10) Termination.
   (11) Administrative overhead and indirect costs.
   (b) Any and all standard provisions in the model contract agreed
upon pursuant to subdivision (a) shall be used in contracts entered
into between the university and the state, unless either of the
contracting parties determines that a specified standard contract
provision is inappropriate for a specified contract.
   (c) In implementing this section, the Department of General
Services may use the services of any state agency, as that term is
defined in Section 11000 of the Government Code.
   (d) The Department of General Services and the university may
determine those types of contracts for which the use of the model
contract would be inappropriate.
   (e) It is not the intent of the Legislature that the model
contract provisions waive the requirements of the law.