BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 388
AUTHOR: Calderon
AMENDED: April 27, 2009
FISCAL COMM: No HEARING DATE: May 6, 2009
URGENCY: No CONSULTANT:Nancy Anton
NOTE: This bill has been referred to the Committees on
Education and Judiciary. A "do pass" motion should include
referral to the Committee on Judiciary.
SUBJECT : College Textbooks
SUMMARY
This bill establishes the Accountability in College
Textbook Publishing Practices Act and requires that college
textbook publishers under specified circumstances provide
to faculty members textbook prices and other specified
textbook-related information. The bill provides for a
superior court-issued injunction for a violation of these
provisions.
BACKGROUND
Current law urges textbook publishers to contain the cost
of postsecondary instructional materials by doing a number
of things including giving students the
option of buying books without additional "bundled"
materials and providing specified information to faculty
on the books and other materials that they sell, including
both bundled and unbundled options, and the net price of
each
product.
Current law also requires the California State University
(CSU) Trustees and the California Community College (CCC)
Board of Governors, and requests that the University of
California (UC) Regents, work with their academic senates
to encourage faculty to consider cost when assigning
textbooks, disclose cost and related information to
students, and work with publishers to deliver cost savings
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to students.
ANALYSIS
This bill establishes the Accountability in College
Textbook Publishing Practices Act and requires college
textbook publishers:
1) If they provide a faculty member with information
regarding a college textbook to also provide:
a) The price at which the textbook would be
sold at the bookstore.
b) The copyright dates of the three previous
editions in the preceding 10 years, if any.
c) The substantial content revisions made
between the current edition and the previous
edition, if any.
d) Whether the information is available in any
other format, including paperback or unbound and
the associated costs.
2) If they provide a faculty member with the price of a
textbook to also:
a) Make the textbook available at or below that
price for at least six months.
b) Notify the faculty and campus bookstore of
any price increase at least 45 days in advance of
the increase.
3) To make material available unbundled at separate
prices, with specified exception.
4) Provide faculty members, in writing, the price of any
custom textbook prior to accepting the order for the
custom textbook.
Any publisher violating any of these provisions could be
enjoined by any superior court.
STAFF COMMENTS
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1) Referral to Judiciary Committee. Information from
staff of the Judiciary Committee indicates that they
do not intend to hear this bill and upon receipt of it
will waive their hearing and the bill will go directly
to the floor.
2) Related legislation . SB 216 (Liu), which was heard
and approved 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 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.
In addition, SB 386 (Runner) was heard and approved by this
Committee (9-0) on April 29, 2009. This measure
requires CCC and CSU faculty (and requests UC faculty)
to justify the adoption of a new edition of any
textbook within three years of a previous adoption and
to disclose any financial interest related to the
purchase of the new edition.
3) Previous legislation . AB 2477 (Ch. 556 Of 2004)
Requires 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 (Ch. 574 of 2004) 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. SB 832 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
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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.
SUPPORT
None received.
OPPOSITION
None received.