BILL NUMBER: AB 2471	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 24, 2012

   An act to add Section 66409.5 to the Education Code, relating to
postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2471, as introduced, Lara. Postsecondary education:
e-textbooks.
   (1) 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 require the trustees and the governing board of
each community college district, and urge the regents and the
governing body of each private postsecondary educational institution
that offers a baccalaureate degree, to develop and adopt rules,
regulations, and procedures that would prohibit the assignment of an
e-textbook, as defined, as required or recommended reading in a
course offered at the postsecondary educational institution unless
that e-textbook complies with specified requirements. These
requirements include: pricing tiers reflecting consumer access rights
over period of time, as specified; cloud storage, as defined; and a
refund policy, as prescribed.
   Because the bill would impose new duties on community college
districts, it 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: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 66409.5 is added to the Education Code, to
read:
   66409.5.  (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 and the governing body of
each private postsecondary educational institution that offers a
baccalaureate degree are urged to, develop and adopt rules,
regulations, and procedures that would prohibit the assignment of an
e-textbook as required or recommended reading in a course offered at
the postsecondary educational institution unless that e-textbook
complies with all of the requirements of subdivision (b).
   (b) An e-textbook assigned as required or recommended reading in a
course offered at the postsecondary educational institution shall
comply with all of the following:
   (1) The e-textbook shall be offered with pricing tiers that
reflect consumer access rights over periods of time. At a minimum,
both a "rental" price and a "lifetime purchase" price shall be listed
by the publisher, clearly noting consumer access to the e-textbook
over periods of time.
   (2) The e-textbook shall be offered with cloud storage, and shall
be housed by copyright publishers for access by consumers.
   (3) The publisher shall make available to the consumer a clear and
explicit refund policy allowing a full refund for a purchased
e-textbook for up to 14 days from the date of purchase or for up to
50 pages of the e-textbook read by the consumer.
   (c) As used in this section:
   (1) "Cloud storage" means a model of networked online storage
where data is stored in virtualized pools of storage that can be
accessed through a Web service application programming interface
(API) or through a Web-based user interface. Cloud storage access
shall be consistent with purchased price tier, including
indefinitely.
   (2) "E-textbook" means an electronic text, image, or interactive
modular-based publication in digital form produced on, published by,
and readable on, computers or other digital devices. "E-textbook"
includes enhancement components, including multimedia.
   (3) "Lifetime purchase" means a price that allows access to
e-textbook material in perpetuity. A feature that is available at the
time of purchase shall be available to the consumer indefinitely.
   (4) "Multimedia" includes, but is not necessarily limited to,
sound, images, video, animated graphics, and interactive features.
   (5) "Rental" means a price that allows access to an e-textbook for
an explicit, set amount of time, with the expiration date for the
e-textbook clearly noted to the consumer.
  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.