BILL NUMBER: SB 1053	AMENDED
	BILL TEXT

	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, as amended, 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  joint
 administration of the California State University 
and   , 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  would also be a joint administrator
of   in administering  the California  Digital
 Open Source  Digital  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
sufficient 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.
   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.  (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 the 50 most widely taken 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 
accomplish both of the following: 
    (1)     Create
  cr   eate  the California Digital Open
Source Library to serve as a statewide repository for high-quality
digital open source textbooks and related materials. 
   (2) Provide for the availability of free copies of textbooks to be
placed on reserve at campus libraries. 
  SEC. 2.  Section 66408 is added to the Education Code, to read:
   66408.  (a) The California  Digital  Open Source 
Digital  Library is hereby established, and shall be
 jointly  administered by the California State
University  and   , 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  shall also be a joint administrator
of   in administering  the California  Digital
 Open Source  Digital  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
 Digital  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 provide incentives to assist and
support faculty in choosing lower cost alternatives such as open
source textbooks and related teaching tools.
   SEC.   3.    Sections 1 and 2 of this act
shall become operative only if sufficient 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. 3.   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.