BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 48|
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THIRD READING
Bill No: SB 48
Author: Alquist (D), et al
Amended: 5/12/09
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 5/6/09
AYES: Romero, Huff, Alquist, Hancock, Liu, Maldonado,
Padilla, Simitian
NO VOTE RECORDED: Wyland
SUBJECT : College textbooks: electronic versions
SOURCE : Author
DIGEST : This bill requires that any individual, firm,
partnership, or corporation that offers textbooks for sale
at the University of California, the California State
University, and the California Community Colleges, make
them available for sale in an electronic format, as
specified, by January 1, 2020.
ANALYSIS : Existing law requires publishers and producers
of instructional materials for students attending the
University of California (UC), the California State
University (CSU) and California Community Colleges (CCCs)
to provide the material, at no cost, in an electronic
format for use by disabled students.
This bill:
CONTINUED
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1. Requires any individual, firm, partnership, or
corporation that publishes textbooks offered for sale at
the UC, the CSU, and the CCC, to make them available for
sale in an electronic format by January 1, 2020.
Additionally it:
A. Requires the electronic version to contain the
same content as the printed version.
B. Authorizes the electronic version to be
copy-protected.
2. Defines "textbook" to have the sane meaning as defined
in subdivision (b) of Section 66406.7. ---a book that
contains printed material and as 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 use of each of the students in that class or
group. Textbook does not include a novel.
3. Clarifies that the bill does not authorize the use of
instructional materials in a manner that violates
federal copyright laws, as specified.
Comments
The California Public Interest Research Group (CalPIRG)
released a study in January 2004 that found that students
spent an average of $898 per year on textbooks in 2003-04,
based on a survey of 521 students at seven UC campuses.
According to the author's office, digital textbooks are the
future of the textbook market and have the potential to
significantly reduce costs, increase options for students
and open up the market for more competition. In addition,
the author's office asserts that these textbooks ensure
that college students are equipped with 21st century skills
necessary to succeed in today's digital world.
Prior/Related legislation
SB 216 (Liu) , which was heard and approved by the Senate
Education Committee on April 22, 2009, requires the CSU
Trustees and the Community College Board of Governors, and
requests the UC Regents, to post a list of required
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textbooks for each course and for the coming term on their
Internet Web sites not less than 30 days prior to the first
day of class, including the price charged by the campus
bookstore for each required textbook.
AB 2477 (Liu), Chapter 556, Statutes of 2004 , required the
CSU Trustees and CCC Board of Governors, and requested the
UC Regents to work with the academic senates to encourage
faculty to give consideration to the least costly practices
in assigning textbooks.
AB 1548 (Solorio), Chapter 574, Statutes of 2007 , required
publishers and college bookstores to disclose certain
information and to require faculty and other textbook
adopters to follow specified practices in the adoption and
purchase of textbooks.
AB 1548 (Pavley), Chapter 717, Statutes of 2006 , provided a
pilot program and until January 1, 2016, requiring the
California Department of Education to authorize 12 schools
to purchase and use electronic format instructional
materials with state funding allocated for instructional
materials.
SB 832 (Corbett) of 2007 would have required textbook
publisher to provide prospective purchasers at public and
private postsecondary education institutions with specified
information. SB 832 was vetoed with the following message:
"I am returning Senate Bill 832 without my signature.
I am supportive of efforts to address the cost of
college textbooks and share the concern that these
education costs have an impact on the affordability of
college for many students. However, this bill focuses
strictly on textbook publisher policies and fails to
recognize that the affordability of textbooks is a
shared responsibility among publishers, college
bookstores, and faculty members. Therefore, instead of
this bill, I am signing Assembly Bill 1548. Many of
the same concepts in SB 832 are included in AB 1548,
but AB 1548 recognizes the shared responsibility and
attempts to address the issue in a more comprehensive
manner."
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/12/09)
Associated Students of Sacramento City College
Associated Students of San Jose State University
Associated Students of the University of California Davis
California Association of College Stores
California Communities United Institute
California Postsecondary Education Commission
California State Student Association
Faculty Association of the California Community Colleges
Qualcomm
OPPOSITION : (Verified 5/12/09)
Association of American Publishers
ARGUMENTS IN SUPPORT : The California Postsecondary
Education Commission supports increasing campuses' use of
technology-based solutions for textbook materials and
increasing the availability of web-based educational
materials. This bill will require textbook publisher to
make electronic publications a part of the educational
materials that they sell to colleges and universities.
Electronic versions of textbooks are more mobile and more
easily updated than printed versions, which will improve
access to these materials.
The Associated Students of the University of California
Davis publicly support Senator Alquists efforts to reform
and strengthen the regulations pertaining to college
textbook distribution. "Senate Bill 48 directly affects
the welfare and quality of higher education resources in
the state of California, and helps reduce the overall cost
of education materials paid y students. With tuition fees
and the cost of textbooks rising exponentially each year,
the financial burden for students has become unbearable.
The University of California enjoys constitutional autonomy
and is thus exempt from oversight in regards to executive
compensation and allocation of state funds. However, the
indirect costs of receiving a higher education can be
alleviated; this includes textbooks, electronic materials
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and other resources essential to a successful college
career. This bill will ensure that future students have
the option of purchasing digital version of course
information technological experience."
ARGUMENTS IN OPPOSITION : The Association of American
Publishers believes the state shouldn't force a company to
sell a product in a certain format, especially a particular
media such as a textbook. "It must also be remembered that
there are more than 8,000 textbook publishers in the
nation. Many of these companies are very small and
specialize in very select textbook orders of less than 100
books. Creating an electronic version of that textbook
will cost thousands of dollars. For small textbook orders,
the mandate of the bill may drastically increase the cost
of both the printed books and the e-book version.
Companies may 1) only choose to offer only large textbooks
orders to California, or 2) may no longer choose to do
business in the state." They believe students have
multiple purchasing options, including the e-textbook,
online support tools, alternative format books and/or
custom textbook.
DLW:do 5/13/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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