BILL NUMBER: SB 832 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2007
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 amended, Corbett. Public postsecondary education:
textbooks.
(1) The
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 postsecondary education
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 College Textbook Affordability Act
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 . The bill
would require the publisher of a textbook, as defined, its agents,
and employees to make available to each prospective purchaser
of that textbook at a public postsecondary educational
institution, 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 , and a complete list of all differences
or changes made between the current edition and previous editions of
the textbook . 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
no . State-mandated local program: yes
no .
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 as
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 cost
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.
66407. (a) This section shall be known as, and
may be cited as, the College Textbook Affordability Act.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Product" includes 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.
(c) Each publisher, agent, or employee of a publisher of textbooks
intended for use at a postsecondary educational institution shall
provide prospective purchasers at a public postsecondary educational
institution with all 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.
(3) A complete list of all differences or changes made between the
current edition and previous editions of the textbook.
(d) The lists required by subdivision (c) shall be made available
to the prospective purchaser at the start of any sales interaction at
a public postsecondary educational institution, whether that
interaction is in person, by telephone, or electronic. The lists
required by subdivision (c) shall also be made available in a
prominent position on the Internet Web site of the publisher.
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.