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Regular Session, 2011 ENROLLED
SENATE BILL NO. 165
BY SENATORS WALSWORTH, DORSEY, LAFLEUR, LONG AND NEVERS AND
REPRESENTATIVES BURFORD, HENRY BURNS, TIM BURNS,
CHANEY, GISCLAIR, HOFFMANN, LANDRY, LIGI, LORUSSO,
MONICA, RICHARDSON, SEABAUGH AND SMILEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 17:3351.16, relative to community and technical colleges; to provide relative2
to increasing the availability and use of electronic and digital textbooks and other3
digital instructional materials; to provide relative to the purchase of electronic and4
digital textbooks and other digital instructional materials and content, including5
student charges therefor; to provide for rules; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3351.16 is hereby enacted to read as follows: 8
ยง3351.16. Louisiana Community and Technical College System; electronic and9
digital textbooks and instructional materials; student charges10
A. In an effort to reduce the cost of course materials to students and11
provide a convenient means for students to purchase course materials in a single12
transaction in lieu of purchasing content separately, the Board of Supervisors13
of Community and Technical Colleges shall make every effort to ensure that14
electronic and digital versions are available for all prescribed textbooks and15
other digital instructional materials and shall develop a program for the16
encouragement and sale of electronic and digital textbooks and instructional17
materials.18
B. Beginning in the Fall 2011 semester and thereafter, the board shall:19
(1) Direct institutions under its management to clearly communicate the20
board's desire to increase the availability and accessibility of electronic and21
ACT No. 308 SB NO. 165 ENROLLED
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digital textbooks and other digital instructional materials in community and1
technical colleges when inviting publishers to participate in the textbook2
selection process and encourage all publishers to make available electronic and3
digital versions of the products they offer in addition to the printed version.4
(2) Adopt such rules and regulations as are necessary for the sale and5
distribution of electronic and digital textbook content, or fractions of electronic6
and digital textbook content, instructional materials and assessments.7
C.(1) The board is authorized to charge a student who chooses to8
purchase electronic and digital textbooks and other digital instructional9
materials an amount not greater than the actual cost of such electronic and10
digital textbooks and instructional materials.11
(2) The board may not charge the student for any administrative,12
handling, or other related costs associated with the provision of electronic and13
digital textbooks and other digital instructional materials.14
(3) Notwithstanding any provision of law to the contrary, any monies15
derived from such charges shall remain with the Louisiana Community and16
Technical College System and shall not be deposited into the state general fund.17
Such monies shall be used exclusively to lower the costs of electronic and digital18
textbooks and other digital instructional materials for students.19
(4) Nothing in this Section shall be construed to affect the terms of a20
contract entered into by the board prior to the effective date of the Act which21
originated as Senate Bill No. 165 of the 2011 Regular Session of the Legislature22
of Louisiana.23
(5) Nothing in this Section shall be construed to supersede the24
institutional autonomy or academic freedom of instructors, faculty members,25
or academic departments involved in the selection of college textbooks and26
other instructional materials.27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 165 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: