BILL NUMBER: AB 1548	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 23, 2007

   An act to add Section 66406.7 to the Education Code, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1548, as introduced, Solorio. Public postsecondary education:
Transparency in College Textbook Publishing Practices Act.
   (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 education 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 currently pay for
textbooks. 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,
among other things, to work with the academic senates of each
respective segment to encourage faculty to give consideration to the
least costly practices in assigning textbooks, to encourage faculty
to disclose to students how new editions of textbooks are different
from previous editions and the cost to students for textbooks
selected, to review procedures for faculty to inform college and
university bookstores of textbook selections, and to encourage
faculty to work closely with publishers and college and university
bookstores in creating bundles and packages that are economically
sound and deliver cost savings to students.
   Existing law expresses the intent of the Legislature to encourage
private colleges and universities to work with their respective
academic senates, and to encourage faculty to consider practices in
selecting textbooks that will result in the lowest costs to students.

   This bill would express findings and declarations of the
Legislature relating to the cost of college and university textbooks.
The bill would add the Transparency in College Textbook Publishing
Practices Act to the Donahoe Higher Education Act. The bill would
prohibit a public postsecondary education institution from buying,
selling, or allowing the sale on its campus of a textbook, as
defined, unless and until the publisher of that textbook posts on its
Internet Web site specified information about that textbook or
otherwise makes this information available in a manner acceptable to
the trustees, board of governors, or regents as appropriate. The bill
would authorize the Attorney General, a district attorney, or any
affected resident of this state to bring a civil action to enforce
the bill.
   Pursuant to existing law, the bill would apply to the University
of California only to the extent that the regents act, by resolution,
to make these provisions applicable. Because the bill would impose
new duties on community college districts, the 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.
   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.  The Legislature finds and declares all of the
following:
   (a) Textbook prices have climbed to levels that deny some students
access to high-quality, affordable education in California.
According to a 2005 GAO report, college textbook prices have
increased by 186 percent from 1986 to 2004, inclusive, which is
almost triple the rate of inflation over the same period.
   (b) Textbook affordability is an issue that directly affects all
students in California. California students spend an average of nine
hundred dollars ($900) per year on textbooks, an amount that exceeds
tuition for many community college students. With rising tuition,
fees, and living expenses, and diminishing student aid, the price of
textbooks represents an increasing portion of the overall cost of
education.
   (c) Several factors contribute to rising textbook prices.
Publishers have shortened revision cycles, so that as new editions
become available, used textbooks become obsolete and students are no
longer able to sell or buy less expensive, used versions. Textbook
publishers also "bundle" supplemental materials such as workbooks and
CD-ROMs with textbooks to increase prices. However, 65 percent of
faculty interviewed for the California Public Interest Research Group
study reported that they rarely or never use these additional
bundled materials. Some faculty members and administrators may also
receive compensation from textbook publishers as inducement for
adopting particular textbooks.
   (d) Students, families, faculty members, and administrators do not
have adequate information about factors influencing the high costs
of textbooks. This act will create more transparency in the practices
of college textbook publishing companies serving California, and
will provide the public, and especially students, with the
information they need to have access to affordable, high-quality
textbooks.
  SEC. 2.  Section 66406.7 is added to the Education Code, to read:
   66406.7.  (a) This section shall be known, and may be cited, as
the Transparency in College Textbook Publishing Practices Act.
   (b) A public postsecondary education institution shall not buy,
sell, or allow the sale on its campus of a textbook unless and until
the publisher of that textbook posts all of the following on its
Internet Web site or otherwise makes the following information
available to the public in a manner acceptable to the governing body
of the segment:
   (1) For any bundled textbook, the price difference between the
bundled textbook and the same unbundled textbook.
   (2) For any new editions of textbooks, a summary of the
substantive differences between the new edition and the prior
edition.
   (3) For any new editions of textbooks, an estimate of how long the
new edition will remain in print.
   (4) The amount and recipient of any compensation provided to
faculty or administrators of a public postsecondary education
institution as inducement to adopt particular textbooks for
university courses, except for sample copies or royalties.
   (c) The Attorney General, a district attorney, or any affected
resident of this state may bring a civil action to enforce this
section.
   (d) As used in this section:
   (1) "Bundled textbook" means a textbook that is packaged with
additional materials including, but not necessarily limited to, a
supplemental workbook or a CD-ROM.
   (2) "Textbook" means a book that 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 individual use of each student in
that class or group.
   (3) "Unbundled textbook" means a textbook that is offered for sale
without any additional materials.
  SEC. 3.  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.