BILL NUMBER: SB 832 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Corbett
FEBRUARY 23, 2007
An act to add Section 66407 to the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 832, as introduced, Corbett. Public postsecondary education:
textbooks.
(1) The Donahoe Higher Education Act authorizes the activities of
the 4 segments of the higher education system in the state. These
segments include the 3 public 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
institutions of higher education 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 to the Donahoe Higher Education Act a provision
prohibiting a public postsecondary institution from buying, selling,
or authorizing the sale on its campus of a textbook, as defined,
unless and until the publisher, or the agent or distributor of the
publisher of that textbook, has made available to each prospective
purchaser of that textbook a complete list of all of the products, as
defined, offered for sale by that publisher and, for each product
listed, the wholesale price of that product and the estimated length
of time that the publisher intends to keep that product on the
market. Pursuant to existing law, this prohibition would apply to the
University of California only to the extent that the regents act, by
resolution, to make it applicable. To the extent that 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. The Legislature finds and declares all of the
following:
(a) Textbooks are an essential part of a comprehensive and
high-quality postsecondary education. The availability and
affordability of textbooks directly impact the quality and
affordability of postsecondary education. It is in the best interests
of the state that high-quality course materials be available and
affordable to students.
(b) Textbooks are expensive. The General Accounting Office and
independent student research have shown that textbook prices are, as
of 2005, 26 percent of the cost of tuition at an average four-year
university and 72 percent of tuition at the average community
college.
(c) Textbook publishers artificially inflate prices through a
number of practices, including:
(1) Undermining the used book market by often producing new
editions of textbooks that contain few, if any, changes from one
edition to the other.
(2) Inflating textbook prices by "bundling" textbooks with
additional items that both students and faculty report are not
actually used for class, but which do drive up the price of the
textbooks.
(3) Keeping faculty members in the dark about the costs of
textbooks, so that they are unable to make educated purchasing
decisions for their students.
(d) To deliver high-quality materials to students that are
affordable, all of the following should occur:
(1) Textbook publishers should produce textbooks that are
inexpensive as possible without sacrificing the educational quality
of the textbooks.
(2) Textbook publishers should keep their products on the market
for as long as possible without sacrificing educational quality.
Textbook revisions should only be done if there is significant new
content to the subject materials.
(3) Textbook publishers should disclose to faculty members and the
public all of the different products they sell, and they should list
how much each of those products costs and the length of time they
intend to produce each product.
(4) Textbook publishers should ensure that any textbooks and
supplementary items that are bundled together should also be
available for purchase separately.
(5) Faculty should consider the least costly practices in
assigning textbooks when these practices are educationally sound, as
determined by the appropriate faculty.
(6) College and university bookstores should work with faculty to
review timelines and processes involved in ordering and stocking
selected textbooks, disclose textbook costs to faculty and students,
and actively promote and publicize book buyback programs.
(7) Colleges and universities should do everything within their
power to promote a vibrant used book market, including, but not
necessarily limited to, used book exchange and rental programs.
(e) The production and pricing of college textbooks deserves a
high level of attention from educators and lawmakers because
textbooks impact the quality and affordability of higher education.
(f) The Legislature urges textbook publishers, faculty members,
bookstores, and colleges and universities to adopt the solutions
proposed in subdivision (d) above.
SEC. 2. Section 66407 is added to the Education Code, to read:
66407. (a) 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 the textbook, or the agent or distributor
of the publisher of the textbook, has made available to each
prospective purchaser of the textbook both of the following:
(1) A complete list of all of the products offered for sale by
that publisher.
(2) For each product listed pursuant to paragraph (1), the
wholesale price of that product and the estimated length of time that
the publisher intends to keep that product on the market.
(b) The list required by subdivision (a) shall be made available
to the prospective purchaser at the start of any sales interaction,
whether that interaction is in person, by telephone, or electronic.
The list required by subdivision (a) shall also be made available in
a prominent position on the Internet Web site of the publisher.
(c) As used in this section:
(1) "Product" includes, but is not necessarily limited to, each
different version of a particular textbook or set of textbooks in a
particular subject area, and includes a supplemental item, whether
that item is sold separately or concurrently with a textbook.
(2) "Textbook" is a book 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.
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.