BILL ANALYSIS                                                                                                                                                                                                    


          |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:



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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  

          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.

          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  

           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  


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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

           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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