HF 4252

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; requiring an investigation by the attorney general;
requiring a report.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin INVESTIGATION REGARDING ELECTRIC VEHICLES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Product" means a patented technology or product
needed to competitively mass-produce a hybrid or all-electric motor vehicle powered by
electricity delivered from batteries on board the vehicle, including, but not limited to, a
nickel metal hydride battery.
new text end

new text begin Subd. 2. new text end

new text begin Intent. new text end

new text begin It is the intent of the legislature to address the serious
socioeconomic, environmental, and national security concerns arising from the removal
and withholding from the marketplace products that make hybrid or all-electric vehicles a
fully viable alternative whose dissemination through mass production would greatly
reduce the dependence on petroleum-based fuels by investigating if the withholding can
be overcome through legal action to promote the progress of science and useful arts by
compelling the exclusively held rights to these products to be released to the public
domain.
new text end

new text begin Subd. 3. new text end

new text begin Investigation. new text end

new text begin (a) The attorney general shall investigate the legal grounds
for filing suit on behalf of the state of Minnesota against General Motors Corporation,
Chevron Corporation, and any other corporation the attorney general determines may have
withheld a product from the marketplace, thereby harming our environment, society,
economy, and national security.
new text end

new text begin (b) The purpose of the investigation is to ascertain facts and to develop legal
strategies based on patent law, antitrust law, constitutional law, and other legal doctrine,
by which the state may compel the release onto the market at fair market value the
patent rights to a product where the public interest in the product's commercialization
is paramount and vital for the public good and protection of our environment, society,
economy, and national security.
new text end

new text begin (c) If a corporation withholding the use of a product persists in refusing to
mass-produce it at fair market value, the investigation must consider whether the state
may pursue a legal taking of the exclusive right to produce the product and releasing
it to the public domain.
new text end

new text begin (d) The state attorney general must also investigate and pursue legal action to
recover damages to justly compensate for the harm to the environment, society, economy,
and national security caused by a corporation that has withheld exclusive rights to one or
more products, which rights are entrusted to them for purposes of scientific progress under
the Constitution of the United States and laws of the United States.
new text end

new text begin Subd. 4. new text end

new text begin Other parties. new text end

new text begin If, as a result of the investigation under subdivision 3, the
attorney general determines that grounds exist to pursue legal action, the attorney general
shall invite attorneys general from other states to join Minnesota in the action.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin By January 15, 2009, the attorney general shall submit a report on
the results of the investigation under subdivision 3 and any subsequent activities to the
chairs and ranking minority members of the senate and house committees with primary
jurisdiction over the judiciary, transportation policy, and energy policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end