1.1.................... moves to amend H. F. No. 789 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [135A.27] OPEN EDUCATIONAL RESOURCE COUNCIL.
1.4    Subdivision 1. Digital open source resources. (a) For purposes of this section, the
1.5following terms have the meanings given them.
1.6(b) "Digital open source resources" means educational materials that are:
1.7(1) digital;
1.8(2) modular;
1.9(3) encoded in an Extensible Markup Language (XML) format or other appropriate
1.10successor format;
1.11(4) designed to achieve operability on a range of platforms, including a range of
1.12operating systems and platforms such as tablets and smartphones;
1.13(5) placed under a Creative Commons attribution license that allows individuals and
1.14entities to use, distribute, and create derivative works while still allowing the author of
1.15the textbook to receive credit for the author's work; and
1.16(6) in conformity with Section 508 of the federal Rehabilitation Act of 1973 (United
1.17States Code, Title 29, section 794d), as amended, and the latest version of the Web Content
1.18Accessibility Guidelines adopted by the World Wide Web Consortium.
1.19(c) "Education materials" includes any material that is used by a faculty member
1.20of an institution of higher education as course material, including but not limited to
1.21textbooks, study guides, worksheets, journals, video, audio recordings, or massive open
1.22online courses.
1.23    Subd. 2. Establishment of council; membership. (a) The Open Educational
1.24Resource Council is established.
1.25(b) The council consists of the following 11 members:
1.26(1) three faculty members from the University of Minnesota, appointed by the
1.27University of Minnesota faculty senate;
2.1(2) three faculty members from the Minnesota State Colleges and Universities,
2.2appointed by the inter faculty organization;
2.3(3) two faculty members from a state community college, appointed by the
2.4Minnesota State College Faculty;
2.5(4) one faculty member from a state technical college, appointed by the Minnesota
2.6State College Faculty; and
2.7(5) two faculty members from a Minnesota not-for-profit college or university,
2.8appointed by the Minnesota Private College Council.
2.9(c) The director of the Office of Higher Education, or the director's designee,
2.10serves as a nonvoting, ex officio member of the council and shall provide necessary and
2.11appropriate administrative and technical support to the council.
2.12(d) The appointments under paragraph (b) must be made by October 1, 2013.
2.13(e) The council's membership terms, compensation, filling of vacancies, and removal
2.14of members are as provided in section 15.0575.
2.15(f) In coordination with the director of the Office of Higher Education, the council
2.16may employ necessary staff to carry out the council's functions.
2.17    Subd. 3. Duties. (a) The council is responsible for carrying out the following duties:
2.18(1) develop strategies to increase the use of digital open source resources;
2.19(2) develop a program that offers faculty of the University of Minnesota, Minnesota
2.20State Colleges and Universities, and Minnesota not-for-profit colleges and universities the
2.21necessary skills to implement the use of digital open source resources into their coursework;
2.22(3) develop, if possible, a working partnership with the University of Minnesota
2.23open textbook catalog to increase access to digital open source resources;
2.24(4) locate digital open source resources for potential use by the University of
2.25Minnesota open textbook catalog;
2.26(5) in partnership with the University of Minnesota open textbook catalog, create
2.27and administer a standardized, rigorous review process for digital open source resources.
2.28This process shall ensure that all digital open source resources have been tested and
2.29validated as having met accessibility requirements for students with disabilities. Digital
2.30open source resources and ancillary materials shall include documentation for students
2.31with disabilities that describes available accessibility features;
2.32(6) develop and administer a Web site that allows individuals to search, learn about,
2.33and access digital open source resources; and
2.34(7) regularly request and consider, from each of the respective statewide student
2.35associations of the University of Minnesota, the Minnesota State College Student
2.36Association, the Minnesota State University Student Association, and the Minnesota
3.1Association of Private College Students, advice and guidance on digital open source
3.2textbooks, including guidance and advice on issues related to the format, accessibility, and
3.3usability of digital open source textbooks.
3.4(b) Nothing in this section mandates that faculty use any digital open source textbook.
3.5    Subd. 4. Grants. The council may apply for, receive, and spend in the council's
3.6own name grants and gifts of money consistent with the duties specified in this section.

3.7    Sec. 2. REPORTS.
3.8The council must report to the chairs and ranking minority members of the legislative
3.9committees with jurisdiction over higher education on January 15, 2014, and January 15,
3.102015, on progress in carrying out the duties in subdivision 3. The 2015 report must include
3.11outline the council's plans to continue its work in the biennium beginning July 1, 2015.

3.12    Sec. 3. APPROPRIATION.
3.13$500,000 is appropriated from the general fund to the director of the Office of Higher
3.14Education to carry out the duties required under section 1."
3.15Amend the title accordingly