California Legislature—2015–16 Regular Session

Assembly BillNo. 2214


Introduced by Assembly Member Harper

(Coauthors: Assembly Members Travis Allen, Gallagher, Mathis, and Patterson)

(Coauthor: Senator Huff)

February 18, 2016


An act to add Section 66407.3 to the Education Code, relating to public postsecondary education, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2214, as introduced, Harper. Public postsecondary education: faculty royalty income disclosure.

(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions and functions of the segments of postsecondary education in this state. The California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, constitute the 3 segments of public postsecondary education in this state. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by appropriate resolution, to make those provisions applicable.

An existing chapter of the Donahoe Higher Education Act relates to the use of academic materials, and provides that a court of competent jurisdiction is authorized to grant relief that is necessary to enforce the provisions of this chapter, including through the issuance of an injunction.

This bill would add to this chapter a provision that requires the trustees and the governing board of each community college district, and requests the regents, to require their faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose.

The bill would require that the information provided by the faculty members under this bill be available to the public on the Internet Web site of the institution at which the faculty members teach, as specified. The bill would authorize the trustees, community college governing boards, or regents to require a faculty member who does not file the information required under this bill in a timely manner to pay an administrative fine of up to 25% of the unreported income or $5,000, whichever is smaller, as specified.

The bill would authorize the trustees and the community college district governing boards to expend the proceeds of these fines for general educational purposes at the campuses at which the faculty members who were assessed the fines were employed. With respect to the California State University, the bill would establish the California State University Faculty Royalty Disclosure Fund as a continuously appropriated fund for the deposit of fine proceeds and their allocation to the appropriate campuses. The bill would request the regents to allocate the proceeds of any administrative fines they collect pursuant to the bill in a manner similar to that described for the California State University.

To the extent that this provision would impose new duties on community college districts, this bill would constitute a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 66407.3 is added to the Education Code,
2to read:

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66407.3.  

(a) The Trustees of the California State University
4and the governing board of each community college district shall,
5and the Regents of the University of California are requested to,
6require its faculty members to annually disclose, on or before April
715, 2017, and on or before April 15 of each year thereafter, on a
8form and in a manner to be determined by the trustees, the
9governing board, or the regents, as appropriate, all of the income
10he or she received in the immediately preceding calendar year
11from a publisher, periodical, or provider of online content for
12royalties, advances, consulting services, or for any other purpose.

13(b) The trustees, community college district governing boards,
14and regents shall ensure that the information provided by the
15faculty members pursuant to subdivision (a) is available to the
16public on the Internet Web site of the institution at which the
17faculty members teach. The information provided by an individual
18faculty member pursuant to this section shall remain available on
19the Internet Web site for as long as that individual is employed as
20a teacher at that institution.

21(c) The trustees, community college district governing board,
22and the regents, as appropriate, may require, with proper notice
23and an opportunity for a hearing, a faculty member who does not
24file the information required pursuant to this section in a timely
25manner to pay an administrative fine of up to 25 percent of the
26unreported income or five thousand dollars ($5,000), whichever
27is smaller. The proceeds of any administrative fines collected
28pursuant to this subdivision shall be collected by the trustees or
29by a community college district governing board, as appropriate,
30and shall be deposited in a fund for allocation pursuant to
31subdivision (d).

32(d) (1) The trustees shall deposit the proceeds of administrative
33fines collected pursuant to subdivision (c) into the California State
34University Faculty Royalty Disclosure Fund, which is hereby
35established. Notwithstanding Section 13340 of the Government
P4    1Code, the moneys in the California State University Faculty
2Royalty Disclosure Fund are continuously appropriated to the
3trustees for allocation for expenditure for general educational
4purposes at the campus at which the faculty member who was
5assessed the fine is employed.

6(2) The governing board of a community college district is
7authorized to expend the proceeds of any administrative fines
8collected pursuant to subdivision (c) for general educational
9purposes at the campus at which the faculty member who was
10assessed the fine is employed.

11(3) The regents are requested to allocate the proceeds of any
12administrative fines collected pursuant to subdivision (c) in a
13manner similar to that described in paragraph (1).

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SEC. 2.  

If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.



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