BILL NUMBER: SB 388 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2009
AMENDED IN SENATE APRIL 27, 2009
AMENDED IN SENATE APRIL 22, 2009
AMENDED IN SENATE APRIL 16, 2009
AMENDED IN SENATE APRIL 1, 2009
INTRODUCED BY Senator Calderon
FEBRUARY 26, 2009
An act to add Section 66407 to the Education Code, relating to
college textbooks.
LEGISLATIVE COUNSEL'S DIGEST
SB 388, as amended, Calderon. Educational materials.
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 educational institutions constitute the
other segment.
Existing law urges textbook publishers to take specified actions
aimed at reducing the amounts that students 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.
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.
Existing law requires textbook publishers, for textbooks published
on or after January 1, 2010, to print a summary of the substantive
content differences between the new edition and any prior addition
on, or within, the cover of the textbook, as well as the copyright
date of the previous edition.
Existing law prohibits those responsible for choosing course
materials and adopting textbooks at an institution of higher
education from demanding or receiving anything of value for adopting
specific course materials required for coursework instruction.
This bill would enact the Accountability in College Textbook
Publishing Practices Act, as part of the Donahoe Higher Education
Act, which would require any publisher of college textbooks
who that provides any information
regarding college textbooks or supplemental materials, as defined, to
disclose in writing to any faculty member or entity charged
with selecting textbooks the amount that the textbook would be made
available to the campus bookstore. The bill would require the
publisher to make the textbook available at that price for at least 6
months and would require the publisher to inform the institution 45
days in advance of any price increase. The bill would require the
publisher to inform the institution of previous editions and the
substantial content revisions made from the previous edition.
make the price of the textbooks or supplemental
materials available on its Internet Web site, to charge no more than
the price shown on its Internet Web site on the date that an order is
received, and if the price is otherwise changed, to include the
amount of the change and the date of the change on its Internet Web
site. The bill would also require a publisher to provide
bundled textbooks and supplemental material separately.
The bill would require the campus bookstore to make the textbook
or supplemental material available for sale at a price not exceeding
an amount that is 20% greater than the price quoted by the publisher.
This bill would allow an action for an injunction to be brought
against a publisher or a campus bookstore in superior
court for violating these provisions. The bill would state that
it would become operative on July 1, 2010.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66407 is added to the Education Code, to read:
66407. (a) This section shall be known and may be cited as the
Accountability in College Textbook Publishing Practices Act.
(b) It is the intent of the Legislature that every student seeking
a higher education in the state is offered affordable access to
course materials and to do all of the following:
(1) To encourage textbook publishers and distributors to work with
faculty to promote understanding of the cost to students of
purchasing faculty selected textbooks, including the disclosure of
prices and bundling practices.
(2) To encourage innovation in the development and use of course
materials, including open textbooks and other open educational
resources, that can help students receive the full value of their
educational investment without excessive cost.
(3) To ensure that faculty members are informed of accurate and
relevant pricing information for course materials and that students
are protected as a consumer group.
(4) To strengthen and enforce existing federal regulations.
(c) As used in this section, the following terms have the
following meanings:
(1) "Bundle" means one or more college textbooks or other
supplemental learning materials that may be packaged together to be
sold as course material for one price.
(2) "Campus bookstore" means the bookstore on the campus of, or
otherwise associated with, an institution of higher education.
(1)
(3) "College textbook" means a textbook or set of
textbooks used for, or in conjunction with, a course at an
institution of higher education.
(2) "Supplemental material" means educational material developed
to accompany a college textbook, which may include printed materials,
computer disks, Internet Web site access, and electronically
distributed materials.
(3) "Bundle" means one or more college textbooks or other
supplemental learning materials that may be packaged together to be
sold as course material for one price.
(4) "Custom textbook" means a college textbook that is compiled by
a publisher at the direction of a faculty member or other person or
adopting entity in charge of selecting course materials at an
institution of higher education and may include, alone or in
combination, items such as selections from original instructor
materials, previously copyrighted publisher materials, copyrighted
third-party works, and elements unique to a specific institution,
such as commemorative editions.
(5) "Integrated textbook" means a college textbook that is
combined with supplemental materials developed by a third party that,
by third-party contractual agreement, may not be offered by
publishers separately from the college textbook with which the
supplement materials are combined. "Integrated textbook" also means a
textbook that is combined with supplemental materials that are so
interrelated with the content of the textbook that the separation of
the textbook from the supplemental materials would render the
textbook unusable for its intended purpose.
(5) "Publisher" means a publisher of college textbooks or
supplemental materials that markets college textbooks or supplemental
materials to faculty members at institutions of higher learning.
(6) "Substantial content" means parts of a college textbook, such
as new chapters, additional eras of time, new themes, or new subject
matter.
(7) "Publisher" means a publisher of college textbooks or
supplemental materials that markets college textbooks or supplemental
materials to faculty members at institutions of higher education.
(8) "Campus bookstore" means the bookstore on the campus of, or
otherwise associated with, an institution of higher education.
(7) "Supplemental material" means educational material developed
to accompany a college textbook, which may include printed materials,
computer disks, Internet Web site access, and electronically
distributed materials.
(9)
(8) For purposes of this section, "writing" includes
electronic communications.
(d) If a publisher provides a faculty member or entity in charge
of selecting course materials at an institution of higher education
with information regarding a college textbook or supplemental
material, the publisher shall include all of the following
information, in writing, in its communication:
(1) The price at which the publisher would make the college
textbook or supplemental material available to the institution's
campus bookstore.
(2) The copyright dates of the three previous editions of the
college textbook in the preceding 10 years, if any.
(3) The substantial content revisions made between the current
edition of the college textbook or supplemental material and the
previous edition, if any.
(4) Whether the
college textbook or supplemental material is material,
the publisher shall also communicate whether the college textbook or
supplemental material is available in any other format,
including paperback or unbound, and the price at which the publisher
would make the college textbook or supplemental material in the other
format available to the institution's campus bookstore
.
(e) If a publisher provides a faculty member or entity in charge
of selecting course materials at an institution of higher education
with the price at which the publisher would make the college textbook
or supplemental material available to the institution's campus
bookstore as required by this section, the publisher shall do
both all of the following:
(1) Make the college textbook or supplemental material available
to that institution's campus bookstore at or below the price for at
least six months.
(2) Notify the faculty member or entity in charge of selecting
course materials, and the campus bookstore, in writing, of any
increase in the price of the textbook or supplemental material,
including the amount of the increase, at least 45 days in advance of
the increase.
(1) Make the price at which the textbook or supplemental material
is made available to the institution's campus bookstore available on
the publisher's Internet Web site.
(2) Charge no more than the price shown on the publisher's
Internet Web site on the date that the order is received from the
institution's campus bookstore by the publisher.
(3) If after a price is provided, but before an order is placed,
the publisher changes the price at which it will make a textbook or
supplemental material available to the institution's campus
bookstore, the publisher shall make information available on its
Internet Web site regarding the amount of the change in price,
whether the price was increased or decreased, and the date or dates
when the price was changed.
(f) A publisher that sells a college textbook and any supplemental
material as a bundle or as an integrated textbook
shall also make the college textbook and each item of supplemental
material available, as separate and unbundled items at separate
prices , except that this subdivision does not apply to
integrated textbooks .
(g) If a faculty member or entity in charge of selecting course
materials at an institution of higher education directs a publisher
to compile a custom textbook or bundle , the publisher
shall provide, in writing, prior to accepting an order for the custom
textbook or bundle , the price at which the publisher
would make the custom textbook or bundle available to the
campus bookstore.
(h) A campus bookstore shall make the textbook or supplemental
material available for sale at a price not exceeding an amount that
is 20 percent greater than the price at which the textbook or
supplemental material was purchased by the campus bookstore,
excluding any applicable taxes.
(h)
(i) Any publisher or campus bookstore
violating any of the provisions of this section may be enjoined by
any superior court of competent jurisdiction upon action for an
injunction.
(j) This section shall become operative on July 1, 2010.
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CORRECTIONS Text--Page 6.
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