BILL NUMBER: AB 2214 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Harper
(Coauthors: Assembly Members Travis Allen, Gallagher, Mathis, and
Patterson)
(Coauthor: Senator Huff)
FEBRUARY 18, 2016
An act to amend Section 66406.7 of, and to add Section
66407.3 to to, the Education Code,
relating to public postsecondary education, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2214, as amended, 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 chapter also
includes the College Textbook Transparency Act which, among other
things, provides that certain faculty members, defined as adopters,
are authorized to receive royalties or other compensation from sales
of course materials that include the instructor's writing or other
work, subject to the employer's standing policies or collective
bargaining agreements relating to employee conflicts of interest.
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 faculty members to
whom the bill is applicable to file a form even if they have no
disclosable income in the calendar year. The bill would require that
these forms be filed under penalty of perjury, thereby imposing a
state-mandated local program by expanding the scope of the crime of
perjury.
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,
$50, 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.
(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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 66406.7 of the
Education Code is amended to read:
66406.7. (a) This section shall be known and may be cited as the
College Textbook Transparency Act.
(b) As used in this section, the following terms have the
following meanings:
(1) "Adopter" means any faculty member or academic department or
other adopting entity at an institution of higher education
responsible for considering and choosing course materials to be used
in connection with the accredited courses taught at that institution.
(2) "Complimentary copies" or "review course materials" only
includes books that in all appearances are the same as the regular
student edition of the textbook, and contain no material other than
that found in the regular student edition of the textbook.
(3) "Instructor copies" or "complimentary teacher editions" means
books with information that is meant to be for the exclusive use of
teachers and not for students. These books contain answers and
solutions, test questions, and pedagogical techniques, and are often
labeled instructor's edition or instructor's manuals.
(4) "New edition of textbook" means a subsequent version of an
earlier standard textbook. A standard textbook is the primary, full,
and unabridged edition of a textbook. An abridged, alternate format,
or alternate version of a standard textbook shall not be considered a
new edition.
(5) "Publisher" means any publishing house, publishing firm, or
publishing company that publishes textbooks or other course
materials, specifically designed for postsecondary instruction.
(6) "Textbook" means a book that contains printed material and is
intended for use as a source of study material for a class or group
of students, a copy of which is expected to be available for the use
of each of the students in that class or group. "Textbook" does not
include a novel.
(7) "Unsolicited complimentary copies" means all items described
in paragraph (2) and that were not requested by faculty but are sent
by the publisher unsolicited by a faculty or staff member.
(c) (1) Adopters are encouraged to consider cost in the adoption
of textbooks.
(2) Publishers shall facilitate the work done by adopters by
providing transparency in the adoption process and shall be
responsive in a timely manner to requests for information on textbook
cost and content, and the full range of options.
(d) (1) On or after January 1, 2010, the publisher of a textbook
shall print on the outer cover of, or within, the standard textbook,
both of the following items:
(A) For any new editions of textbooks initially published on or
after January 1, 2010, a summary of the substantive content
differences between the new edition and the prior edition.
(B) The copyright date of the previous edition of the textbook.
(2) For instructor copies or complimentary teacher editions, it
shall be noted on the exterior of the book that the book is an
instructor's copy and is not for resale.
(e) (1) A publisher, or agent or employee of a publisher, of
textbooks intended for use at a postsecondary educational institution
shall respond to a request from an adopter for any of the following:
(A) A list of the products offered for sale by that publisher that
are relevant to the needs and interests of adopters.
(B) The price at which the new book is available from the
publisher.
(C) The copyright date of any prior edition of a textbook, if
available.
(D) A list of the substantial content differences or changes made
between the current edition initially published on or after January
1, 2010, and the previous edition of the textbook, including, but not
necessarily limited to, new chapters, additional eras of time, new
themes, or new subject matter.
(2) The information described in this subdivision shall be
available in print or electronically to the adopter.
(f) Each campus bookstore at any public postsecondary educational
institution shall post in its store or on its Internet Web site a
disclosure of its retail pricing policy on new and used textbooks.
(g) Each public postsecondary educational institution shall
encourage adopters with course material selection responsibilities to
place their orders with sufficient lead time, whenever possible, to
enable the university-managed bookstore or contract-managed bookstore
to confirm the availability of the requested materials.
(h) This section does not limit the authority of faculty over
decisions relating to the selection of textbooks.
(i) An adopter at an institution of higher education shall not
demand or receive anything of value, including the donation of
equipment or goods, any payment, loan, advance, or deposit of money,
present or promised, for adopting specific course materials required
for coursework or instruction, except that an employee may receive
any of the following:
(1) Complimentary copies, review course materials, or instructor
copies. The adopters shall not sell instructor copies.
(2) Royalties or other compensation from sales of course materials
that include the instructor's writing or other work. Receipt of
these royalties or compensation is subject to the employer's standing
policies or collective bargaining agreements relating to employee
conflicts of interest. interest and, with
respect to faculty members of the California State University and the
California Community Colleges, subject to the requirements of
Section 66407.3.
(3) Honoraria for academic peer review of course materials.
Receipt of honoraria is subject to the employer's standing policies
relating to employee conflicts of interest.
(4) Training in the use of course materials and course
technologies. Payment for travel and lodging and or meals shall be
subject to the employer's standing polices relating to employee
conflicts of interest and compensation.
(j) A publisher or campus bookstore shall not solicit faculty for
the purpose of the sale of instructor copies or complimentary
teachers editions of textbooks that have been provided by a publisher
at no charge to a faculty member or other employee. This subdivision
does not apply to unsolicited complimentary copies.
(k) A campus bookstore shall not engage in any trade of any course
material marked, or otherwise identified, as instructor copies or
complementary teachers editions of textbooks.
(l) Any self-published textbook by an instructor for use with that
instructor's class shall be exempt from this section, if the
instructor discloses the publishing and use of those materials to his
or her employer institution.
SECTION 1. SEC. 2. 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. A faculty member
to whom this section is applicable shall be required to
file a form even if he or she has no disclos able income
in the calendar year. A faculty member shall file the form required
by this section under penalty of perjury.
(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. fifty dollars ($50). 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.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.