05 LC 22
5832
Senate
Bill 317
By:
Senator Shafer of the 48th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for findings of the General Assembly; to amend Chapters 3 and 4 of Title
20 of the Official Code of Georgia Annotated, relating respectively to
postsecondary education and vocational, technical, and adult education, so as to
provide that each publisher of a textbook shall provide for use by students
having a print access disability an electronic format accessible to Braille
translation, text to speech, and screen-reading software of such textbook as is
available; to provide for exceptions; to define terms; to provide for
construction; to provide for counseling on avoiding violation of copyright laws
and agreements not to duplicate; to provide for civil liability; to provide for
related matters; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that:
(1)
Many students in the public universities, colleges, and technical colleges of
the state who have a print access disability would welcome increased
availability of electronic format textbooks;
(2)
Requiring textbook publishers to provide an electronic format accessible to
Braille translation, text to speech, and screen-reading software of textbooks,
with exceptions for undue hardship, would increase the access to secondary
education for students who have a print access disability at no cost to the
state. Since many textbooks already include a CD-ROM version without additional
cost, the cost of textbooks for students may remain the same;
(3)
Emerging technologies make electronic format textbooks user friendly, and most
disabled students would be able to use electronic format textbooks. Electronic
format textbooks would make readers for disabled students less necessary;
and
(4)
Protection of publishers´ copyright and intellectual property rights is
possible through technology and law. One method is requiring students to agree
to use the electronic format textbook solely for personal and noncommercial
use.
SECTION
2.
Chapter
3 of Title 20 of the Official Code of Georgia Annotated, relating to
postsecondary education, is amended by inserting a new Code section to be
designated Code Section 20-3-87 to read as follows:
"20-3-87.
(a)
As used in this Code section, the term:
(1)
'Person' means a corporation, partnership, company, or other business
organization or business entity but does not include an institution or employee
of the Board of Regents of the University System of Georgia.
(2)
'Print access disability' means any condition in which an individual´s
independent reading of, reading comprehension of, or visual access to printed
material is limited or reduced due to a sensory, neurological, cognitive,
physical, psychiatric, or other disability recognized by state or federal law.
The term is applicable to but not limited to individuals who are blind, have low
vision, or have reading disorders or physical disabilities.
(3)
'Publisher' means:
(A)
The person or entity which prints and issues a textbook that is generally
available for purchase by the public; and
(B)
The person who offers for sale material available for purchase primarily by
students.
(4)
'Textbook' means a book which is recommended or required by an instructor of a
course of study offered for credit toward a degree by a unit of the university
system and that is printed or reproduced and commercially available for purchase
primarily by students.
(b)
The publisher of a textbook shall provide for use by students having a print
access disability an electronic format accessible to Braille translation, text
to speech, and screen-reading software of such textbook as is available unless
such availability creates an undue hardship as defined in the Americans with
Disabilities Act of 1990, 42 U.S.C. Section 12111.
(c)
This Code section shall not be construed to authorize infringement on copyright
or other intellectual property rights for any textbook. A publisher may require
a written request for an electronic format textbook that includes a statement
signed by an individual at the institution of the university system who is
responsible for monitoring compliance with the Americans with Disabilities Act
of 1990, 42 U.S.C. Section 12101 et seq., in which such individual verifies that
the student for whom the electronic format textbook is being requested has been
properly counseled in the use of the electronic format textbook in a manner to
avoid violating any copyright laws and that the institution has on file a form
signed by the student in which he or she agrees to use the electronic format
textbook solely for his or her own educational purposes and agrees not to copy
or otherwise duplicate the electronic format textbook for use by another
individual.
(d)
A person who violates subsection (b) of this Code section may be held liable for
actual damages to the individual whose rights were
violated."
SECTION
3.
Chapter
4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational,
technical, and adult education, is amended by inserting a new Code section to be
designated Code Section 20-4-37 to read as follows:
"20-4-37.
(a)
As used in this Code section, the term:
(1)
'Person' means a corporation, partnership, company, or other business
organization or business entity but does not include an institution or employee
of the Department of Adult and Technical Education.
(2)
'Print access disability' means any condition in which an individual´s
independent reading of, reading comprehension of, or visual access to printed
material is limited or reduced due to a sensory, neurological, cognitive,
physical, psychiatric, or other disability recognized by state or federal law.
The term is applicable to but not limited to individuals who are blind, have low
vision, or have reading disorders or physical disabilities.
(3)
'Publisher' means:
(A)
The person which prints and issues a textbook that is generally available for
purchase by the public; and
(B)
The person which offers for sale material available for purchase primarily by
students.
(4)
'Textbook' means a book which is recommended or required by an instructor of a
course of study offered for credit by a technical college under the control and
management of the Department of Technical and Adult Education and that is
printed or reproduced and commercially available for purchase primarily by
students.
(b)
The publisher of a textbook shall provide for use by students having a print
access disability an electronic format accessible to Braille translation, text
to speech, and screen-reading software of such textbook as is available unless
such availability creates an undue hardship as defined in the Americans with
Disabilities Act of 1990, 42 U.S.C. Section 12111.
(c)
This Code section shall not be construed to authorize infringement on copyright
or other intellectual property rights for any textbook. A publisher may require
a written request for an electronic format textbook that includes a statement
signed by an individual at the institution under the control of the department
who is responsible for monitoring compliance with the Americans with
Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq., in which such
individual verifies that the student for whom the electronic format textbook is
being requested has been properly counseled in the use of the electronic format
textbook in a manner to avoid violating any copyright laws and that the
institution has on file a form signed by the student in which he or she agrees
to use the electronic format textbook solely for his or her own educational
purposes and agrees not to copy or otherwise duplicate the electronic format
textbook for use by another individual.
(d)
A person who violates subsection (b) of this Code section may be held liable for
actual damages to the individual whose rights were
violated."
SECTION
4.
This
Act shall become effective July 1, 2006.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.