BILL NUMBER: AB 2214	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 66407.3 is added to the Education Code, to
read:
   66407.3.  (a) The Trustees of the California State University and
the governing board of each community college district shall, and the
Regents of the University of California are requested to, require
its 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.
   (b) The trustees, community college district governing boards, and
regents shall ensure that the information provided by the faculty
members pursuant to subdivision (a) is available to the public on the
Internet Web site of the institution at which the faculty members
teach. The information provided by an individual faculty member
pursuant to this section shall remain available on the Internet Web
site for as long as that individual is employed as a teacher at that
institution.
   (c) The trustees, community college district governing board, and
the regents, as appropriate, may require, with proper notice and an
opportunity for a hearing, a faculty member who does not file the
information required pursuant to this section in a timely manner to
pay an administrative fine of up to 25 percent of the unreported
income or five thousand dollars ($5,000), whichever is smaller. The
proceeds of any administrative fines collected pursuant to this
subdivision shall be collected by the trustees or by a community
college district governing board, as appropriate, and shall be
deposited in a fund for allocation pursuant to subdivision (d).
   (d) (1) The trustees shall deposit the proceeds of administrative
fines collected pursuant to subdivision (c) into the California State
University Faculty Royalty Disclosure Fund, which is hereby
established. Notwithstanding Section 13340 of the Government Code,
the moneys in the California State University Faculty Royalty
Disclosure Fund are continuously appropriated to the trustees for
allocation for expenditure for general educational purposes at the
campus at which the faculty member who was assessed the fine is
employed.
   (2) The governing board of a community college district is
authorized to expend the proceeds of any administrative fines
collected pursuant to subdivision (c) for general educational
purposes at the campus at which the faculty member who was assessed
the fine is employed.
   (3) The regents are requested to allocate the proceeds of any
administrative fines collected pursuant to subdivision (c) in a
manner similar to that described in paragraph (1).
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.