Bill Text: CA SB1045 | 2009-2010 | Regular Session | Amended

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Bill Title: Donahoe Higher Education Act: textbooks: reporting

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-22 - Set, first hearing. Hearing canceled at the request of author. [SB1045 Detail]

Download: California-2009-SB1045-Amended.html

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BILL NUMBER: SB 1045	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 15, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Alquist

                        FEBRUARY 16, 2010

    An act to amend Section 66410 of the Education Code,
relating to postsecondary education.   An act relating
to postsecondary education. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1045, as amended, Alquist. Donahoe Higher Education Act:
textbooks  : reporting requirements  .
    Existing law, the   The  Donahoe Higher
Education Act, sets forth, among other things, the missions and
functions of California's public and independent segments of higher
education, and their respective institutions of higher education.
Among other things, the act requires publishers of textbooks offered
for sale at a public or a private postsecondary institution of
education to make the textbooks available, in whole or in part, to
the extent practicable, in an electronic format by January 1, 2020,
and requires electronic versions of textbooks to include the same
content as the printed versions  and permits the electronic
versions to be copy-protected  . 
   This bill would instead require the electronic versions of
textbooks to contain, at a minimum, the same content as printed
versions.  
   This bill would require the Legislative Analyst's Office to submit
a report to the Legislature by June 1, 2011, with key findings on
certain matters relating to electronic textbooks, including the
degree to which state and federal copyright protection laws may
complicate the implementation of the provisions relating to
electronic versions of textbooks. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) As the costs of tuition and fees at institutions of higher
education are expected to rise, students need relief from the costs
of higher education.  
   (b) Electronic textbooks hold the potential to expand student
access to educational materials at a more affordable rate.  

   (c) As this technology is constantly developing, it is not yet
clear what policy enactments are necessary to ensure rapid
implementation and integration into California's institutions of
higher education. 
   SEC. 2.    (a) The Legislative Analyst's Office shall
report to the Legislature by June 1, 2011, with key findings on the
following matters:  
   (1) The degree to which state and federal copyright protection
laws may complicate the implementation of subdivision (a) of Section
66410 of the Education Code.  
   (2) California's authority to regulate bundling of electronic
textbooks to the extent practicable, with an emphasis on following
the intent of the federal Higher Education Opportunity Act of 2008
(Public Law 110-315).  
   (b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on June 1, 2015, pursuant to Section
10231.5 of the Government Code.  
   (2) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
 
  SECTION 1.    Section 66410 of the Education Code
is amended to read:
   66410.  (a) No later than January 1, 2020, any individual, firm,
partnership, or corporation that publishes textbooks offered for sale
at the University of California, the California State University,
the California Community Colleges, or a private postsecondary
educational institution in the state shall, to the extent
practicable, make the textbooks available, in whole or in part, for
sale in an electronic format. The electronic version of any textbook
shall contain, at a minimum, the same content as the printed version
and may be copy-protected.
   (b) For purposes of this section, "textbook" has the same meaning
as defined in subdivision (b) of Section 66406.7.
   (c) This section does not authorize any use of instructional
materials that would constitute an infringement of copyright under
the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et
seq.).