Bill Text: CA SB1053 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public postsecondary education: California Digital Open

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 622, Statutes of 2012. [SB1053 Detail]

Download: California-2011-SB1053-Enrolled.html
BILL NUMBER: SB 1053	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	AMENDED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 19, 2012

INTRODUCED BY   Senators Steinberg and Alquist
   (Principal coauthors: Senators De León, Liu, Pavley, and Yee)
   (Principal coauthors: Assembly Members Blumenfield and Solorio)


                        FEBRUARY 8, 2012

   An act to add Section 66408 to the Education Code, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1053, Steinberg. Public postsecondary education: California
Digital Open Source Library.
   The Donahoe Higher Education Act authorizes the activities of the
4 segments of the postsecondary education system in the state. These
segments include the 3 public postsecondary segments: the University
of California, which is administered by the Regents of the University
of California, the California State University, which is
administered by the Trustees of the California State University, and
the California Community Colleges, which is administered by the Board
of Governors of the California Community Colleges. Private and
independent postsecondary educational institutions constitute the
other segment.
   Provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the regents act, by
resolution, to make them applicable.
   Existing law urges textbook publishers to take specified actions
aimed at reducing the amounts that students pay for textbooks,
including providing to faculty and departments considering textbook
orders a list of all the different products the publisher sells.
Existing law requires the Trustees of the California State University
and the Board of Governors of the California Community Colleges, and
requests the Regents of the University of California, to take
specific actions with their respective academic senates, college and
university bookstores, and faculty to promote the selection of
textbooks that will result in cost savings to students.
   This bill would express legislative findings and declarations
relating to the cost of college and university textbooks. The bill
would add provisions to the Donahoe Higher Education Act to establish
the California Digital Open Source Library, under the administration
of the California State University, in coordination with the
California Community Colleges, for the purpose of housing open source
materials while providing an Internet Web-based way for students,
faculty, and staff to easily find, adopt, utilize, or modify course
materials for little or no cost. The bill would provide that the
California State University would also act in coordination with the
University of California in administering the California Digital Open
Source Library if the regents act, by appropriate resolution, to
authorize the university to participate in the administration of the
library.
   The bill would require that the materials in the library bear a
creative commons attribution license that allows others to use,
distribute, and create derivative works based upon the digital
material while still allowing the authors or creators of the material
to receive credit for their efforts.
   The bill would provide that the provisions added to the Donahoe
Higher Education Act by the bill would become operative only if
funding for the purposes of this bill is provided in an appropriation
in the annual Budget Act or another statute, or through federal or
private funds, or through a combination of state, federal, and
private funds.
   The bill would become operative only if SB 1052 becomes operative
on or before January 1, 2013, and establishes the California Open
Education Resources Council.


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

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) The cost of attending California's public colleges and
universities has skyrocketed in recent years. While fees often tend
to be the most visible cost, other costs not related to tuition, such
as the cost of textbooks, significantly burden both students and
their families.
   (2) For example, the average annual student budget for textbooks
at California's community colleges can be almost 150 percent of the
cost of tuition. Recent studies show that, due to the cost of
textbooks, many students forgo purchasing them altogether. For many
students receiving the Cal Grant B stipend intended for books and
other living expenses, such as transportation, rent, and food, their
entire stipend may be spent on textbooks alone.
   (3) With open education resources (OER), California can offer
students in strategically selected lower division courses the highest
quality textbooks and related materials at no cost online or for
about $20 per textbook in hardcopy.
   (4) OER will bring California's college and university experience
into the 21st century while providing students and their families
with sorely needed financial relief and providing faculty more
flexible and dynamic tools to enhance student success.
   (5) As the state moves towards OER, students and families can be
provided immediate relief with more access to textbooks available on
reserve at campus libraries.
   (b) It is, therefore, the intent of the Legislature to create the
California Digital Open Source Library to serve as a statewide
repository for high-quality digital open source textbooks and related
materials.
  SEC. 2.  Section 66408 is added to the Education Code, to read:
   66408.  (a) The California Digital Open Source Library is hereby
established, and shall be administered by the California State
University, in coordination with the California Community Colleges,
for the purpose of housing open source materials while providing an
Internet Web-based way for students, faculty, and staff to easily
find, adopt, utilize, or modify course materials for little or no
cost. The California State University shall also act in coordination
with the University of California in administering the California
Digital Open Source Library if the regents act, by appropriate
resolution, to authorize the university to participate in the
administration of the library.
   (b) All material in the California Digital Open Source Library
shall bear a creative commons attribution license that allows others
to use, distribute, and create derivative works based upon the
digital material while still allowing the authors or creators of the
material to receive credit for their efforts.
   (c) It is the intent of the Legislature that the public
postsecondary educational segments assist and support faculty in
choosing lower cost, more flexible, and dynamic alternatives such as
open source textbooks and related teaching tools. Nothing in this
section shall be construed to mandate faculty use of any particular
textbook or related materials.
  SEC. 3.  Sections 1 and 2 of this act shall become operative only
if funding for the purposes of this act is provided in an
appropriation in the annual Budget Act or another statute, or through
federal or private funds, or through a combination of state,
federal, and private funds.
  SEC. 4.  This act shall become operative only if Senate Bill 1052
of the 2011-12 Regular Session becomes operative on or before January
1, 2013, and establishes the California Open Education Resources
Council.
       
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