BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 388|
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THIRD READING
Bill No: SB 388
Author: Calderon (D)
Amended: 4/27/09
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 5/6/09
AYES: Romero, Huff, Alquist, Hancock, Liu, Maldonado,
Padilla, Simitian, Wyland
SUBJECT : College textbooks
SOURCE : Author
DIGEST : This bill establishes the Accountability in
College Textbook Publishing Practices Act and requires that
college 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.
ANALYSIS : 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.
CONTINUED
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Current law also requires the California State University
(CSU) Trustees and the California Community College (CCC)
Board of Governors, and requests 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
to students.
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
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custom textbook.
Related Legislation
SB 216 (Liu), which is in the Senate Appropriations
Committee, requires the CSU Trustees and the CCC 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 the Senate
Education Committee on April 29, 2009. This bill requires
CCC and CSU faculty (and requests UC faculty) to prepare a
justification on the adoption of a new edition of any
textbook within three years of a previous adoption.
Prior Legislation
AB 2477 (Liu), Chapter 556, Statutes of 2004, required the
CSU Trustees and the 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. SB 832 (Corbett), 2007-08 Session, would have
required textbook publishers 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
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/11/09)
California Student Public Interest Research Group
University of California Student Association
Community College League of California
DLW:cm 5/12/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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