HB0066 • 2020

Promotion of individual invention act.

AN ACT relating to cooperative educational services; authorizing a board of cooperative educational services to establish an intellectual property program as specified; requiring rulemaking; and providing for effective dates.

Technology

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Representative Stith
Last action: 2020-03-11
Official status: inactive
Effective date: 3/1/2020

Plain English Breakdown

The bill is inactive, which means it did not pass into law.

Promotion of Individual Invention Act

This bill allows boards of cooperative educational services to establish programs that help residents create intellectual property like patents, trademarks, and copyrights.

What This Bill Does

Allows boards of cooperative educational services to start a program to support the creation of intellectual property in science, applied science or technology fields.
Requires these programs to have rules about equipment and supplies needed for research and development.
Permits the board to make agreements with participants that require them to give up to 12.5% of any money they earn from their inventions or creative works back to the board.
Sets a deadline for rulemaking by the state superintendent to implement these programs by July 1, 2020.

Who It Names or Affects

Boards of cooperative educational services in Wyoming
Residents who participate in the intellectual property program

Terms To Know

Intellectual Property: Inventions, creative works, or ideas that are protected by law to give creators certain rights.
Lien: A legal claim on property as security for a debt or charge.

Limits and Unknowns

The bill did not pass and is now inactive.
It does not specify how the program will be funded beyond requiring participants to pay fees.
Details about enforcement and penalties are not provided in the summary.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0066S2001

2nd reading • Senator Rothfuss

Adopted

Plain English: The amendment adds language requiring individuals participating in an intellectual property program established by a board of cooperative educational services to pay a participation fee or other remuneration, and removes language specifying that certain payments must go to the board.

Adds a requirement for participants in the intellectual property program to pay a participation fee or other form of payment to the board.
Removes the specific wording that says these fees or payments 'shall be payable to the board'.

The exact amount and nature of the remuneration are not specified in the amendment.

HB0066SS001

Standing Committee • Senate Judiciary Committee

Adopted

Plain English: The amendment changes the bill's language to replace references to 'residents' with 'individuals', and modifies certain sections of the bill text while also setting a specific effective date.

Replaces all instances of 'residents' in the bill with 'individuals'.
Removes several lines from the original bill text, including parts related to intellectual property program requirements.
Adds an effective date of July 1, 2020.

The amendment removes some sections without providing details on what those sections contained, which limits understanding of the full impact of these changes.

Bill History

2020-03-11 Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
2020-03-11 Senate
S No report prior to CoW Cutoff
2020-03-05 Senate
S 3rd Reading:Rerefer to S12 - Rules
2020-03-04 Senate
S 2nd Reading:Passed
2020-03-03 Senate
S COW:Passed
2020-03-02 Senate
S Placed on General File
2020-03-02 Senate
S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0
2020-02-27 Senate
S Introduced and Referred to S01 - Judiciary
2020-02-24 Senate
S Received for Introduction
2020-02-24 House
H 3rd Reading:Passed 50-6-4-0-0
2020-02-21 House
H 2nd Reading:Passed
2020-02-20 House
H COW:Passed
2020-02-17 House
H Placed on General File
2020-02-17 House
H01 - Judiciary:Recommend Do Pass 9-0-0-0-0
2020-02-12 House
H Introduced and Referred to H01 - Judiciary 54-5-1-0-0
2020-02-07 House
H Received for Introduction
2020-01-23 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

20LSO-0339
2020
STATE OF WYOMING
20LSO-0339
Numbered
2.0

HOUSE BILL NO. HB0066

Promotion of individual invention act.

Sponsored by: Representative(s) Stith and Olsen and Senator(s) Dockstader

A BILL

for

AN ACT relating to cooperative educational services; authorizing a board of cooperative educational services to establish an intellectual property program as specified; requiring rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
‑
2
‑
202(a) by creating a new paragraph (xxxviii) and 21
‑
20
‑
108 by creating new subsections (b) and (c) are amended to read:

21
‑
2
‑
202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(xxxviii)

Promulgate rules for intellectual property programs established by boards of cooperative educational services in accordance with W.S. 21
‑
20
‑
108(b).

21
‑
20
‑
108.

Powers and duties of board of cooperative educational services; property; contracts; gifts, grants, bequests or devises; employment and discharge of personnel; expenses; bonding of employees; intellectual property.

(b)

Each board of trustees of cooperative educational services may establish a program to promote the creation of intellectual property including patents, trademarks and copyrights in the fields of science, applied science or technology. In establishing the program, the board may:

(i)

Purchase, own, rent and manage equipment, supplies and other materials reasonably necessary for residents to use to conduct research and development in any scientific, applied scientific or technology field;

(ii)

Enter into contracts with persons and entities to provide mentoring to residents who participate in the program;

(iii)

Assist residents participating in the program in the prosecution of patents, copyrights and trademarks that may arise out of the resident's research and development;

(iv)

Condition the program and residents' participation in the program upon entering an agreement with residents that requires a percentage not more than twelve and one
‑
half percent (12.5%) of any gross royalties, licensing fees, sales and other revenue arising directly from intellectual property developed by residents using the program shall be payable to the board. The intellectual property developed under this section and all proceeds therefrom shall be subject to an automatically attached and perfected first priority lien in favor of the board in an amount not to exceed twelve and one
‑
half percent (12.5%) of all gross revenue earned from the intellectual property including all royalties, fees, sales and other revenue.

(c)

As used in subsection (b) of this section, "resident" means any individual who resides within a member district of a board of cooperative educational services that establishes an intellectual property program as provided in subsection (b) of this section.

Section 2.

The state superintendent of public instruction shall promulgate any rules necessary to implement the provisions of this act not later than July 1, 2020.

Section 3
.

(a) Except as provided in subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b) Section 1 of t
his act is effective July 1, 2020
.

(END)

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HB0066