BILL NUMBER: AB 317 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Solorio
FEBRUARY 18, 2009
An act relating to postsecondary education.
An act to amend Section 66406.7 of the Education Code, relating
to college textbooks.
LEGISLATIVE COUNSEL'S DIGEST
AB 317, as amended, Solorio. Postsecondary education:
textbook affordability. college textbooks.
Existing
(1) Existing law establishes the
California Community Colleges, under the administration of the Board
of Governors of the California Community Colleges, the California
State University, under the administration of the Trustees of the
California State University, and the University of California, under
the administration of the Regents of the University of California, as
the 3 segments of public postsecondary education in this state.
Existing law expresses the finding and declaration of the
Legislature that the production and pricing of college textbooks
deserves a high level of attention from educators and lawmakers
because they impact the quality and affordability of higher
education. 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 require college and university bookstores to
work with the academic senates of each respective campus to pursue
prescribed policies aimed at making textbooks more affordable for
students.
This bill would express the intent of the Legislature to enact
legislation that will make textbooks more affordable for California
college students.
Existing law, the College Textbook Transparency Act, encourages
faculty members and academic departments that select course materials
at institutions of higher education to consider cost in the adoption
of textbooks, and prohibits those persons and departments from
demanding or receiving anything of value for adopting course
materials, with specified exceptions. The act also requires each
campus bookstore at a public postsecondary educational institution to
post in its store, or on its Internet Web site, a disclosure of its
retail pricing policy on new and used textbooks.
This bill would require each faculty member or academic department
that selects course materials, and each campus bookstore at a public
postsecondary educational institution, to provide the Internet
address of a college open textbook Internet Web site, as defined.
Because this bill would impose new duties on community college
districts, the bill would constitute a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66406.7 of the
Education Code is amended to read:
66406.7. (a) This section shall be known and may be cited as the
College Textbook Transparency Act.
(b) As used in this section, the following terms have the
following meanings:
(1) "Adopter" means any faculty member or academic department or
other adopting entity at an institution of higher education
responsible for considering and choosing course materials to be used
in connection with the accredited courses taught at that institution.
(2) "College open textbook Internet Web site" means
www.collegeopentextbooks.org.
(2)
(3) "Complimentary copies" or "review course materials"
only includes books that in all appearances are the same as the
regular student edition of the textbook, and contain no material
other than that found in the regular student edition of the textbook.
(3)
(4) "Instructor copies" or "complimentary teacher
editions" means books with information that is meant to be for the
exclusive use of teachers and not for students. These books contain
answers and solutions, test questions, and pedagogical techniques,
and are often labeled instructor's edition or instructor's manuals.
(4)
(5) "New edition of textbook" means a subsequent
version of an earlier standard textbook. A standard textbook is the
primary, full, and unabridged edition of a textbook. An abridged,
alternate format, or alternate version of a standard textbook shall
not be considered a new edition.
(5)
(6) "Publisher" means any publishing house, publishing
firm, or publishing company that publishes textbooks or other course
materials, specifically designed for postsecondary instruction.
(6)
(7) "Textbook" means a book that contains printed
material and is 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.
(7)
(8) "Unsolicited complimentary copies" means all items
described in paragraph (2) (3) and that
were not requested by faculty but are sent by the publisher
unsolicited by a faculty or staff member.
(c) (1) Adopters are encouraged to consider cost in the adoption
of textbooks.
(2) Publishers shall facilitate the work done by adopters by
providing transparency in the adoption process and shall be
responsive in a timely manner to requests for information on textbook
cost and content, and the full range of options.
(d) (1) On or after January 1, 2010, the publisher of a textbook
shall print on the outer cover of, or within, the standard textbook,
both of the following items:
(A) For any new editions of textbooks initially published on or
after January 1, 2010, a summary of the substantive content
differences between the new edition and the prior edition.
(B) The copyright date of the previous edition of the textbook.
(2) For instructor copies or complimentary teacher editions, it
shall be noted on the exterior of the book that the book is an
instructor's copy and is not for resale.
(e) (1) A publisher, or agent or employee of a publisher, of
textbooks intended for use at a postsecondary educational institution
shall respond to a request from an adopter for any of the following:
(A) A list of the products offered for sale by that publisher that
are relevant to the needs and interests of adopters.
(B) The price at which the new book is available from the
publisher.
(C) The copyright date of any prior edition of a textbook, if
available.
(D) A list of the substantial content differences or changes made
between the current edition initially published on or after January
1, 2010, and the previous edition of the textbook, including, but not
necessarily limited to, new chapters, additional eras of time, new
themes, or new subject matter.
(2) The information described in this subdivision shall be
available in print or electronically to the adopter.
(f) Each campus bookstore at any public postsecondary educational
institution shall post in its store or on its Internet Web site a
disclosure of its retail pricing policy on new and used textbooks
and the Internet address of a college open textbook Internet Web
site .
(g) Each public postsecondary educational institution shall
encourage adopters with course material selection responsibilities to
place their orders with sufficient lead time, whenever possible, to
enable the university-managed bookstore or contract-managed bookstore
to confirm the availability of the requested materials.
(h) This section does not limit the authority of faculty over
decisions relating to the selection of textbooks.
(i) An adopter at an institution of higher education shall not
demand or receive anything of value, including the donation of
equipment or goods, any payment, loan, advance, or deposit of money,
present or promised, for adopting specific course materials required
for coursework or instruction, except that an employee may receive
any of the following:
(1) Complimentary copies, review course materials, or instructor
copies. The adopters shall not sell instructor copies.
(2) Royalties or other compensation from sales of course materials
that include the instructor's writing or other work. Receipt of
these royalties or compensation is subject to the employer's standing
policies or collective bargaining agreements relating to employee
conflicts of interest.
(3) Honoraria for academic peer review of course materials.
Receipt of honoraria is subject to the employer's standing policies
relating to employee conflicts of interest.
(4) Training in the use of course materials and course
technologies. Payment for travel and lodging and or meals shall be
subject to the employer's standing polices relating to employee
conflicts of interest and compensation.
(j) An adopter at an institution of higher education shall provide
the Internet address of a college open textbook Internet Web site on
any syllabus, course materials list, and any other related course
materials, including course materials that are available
electronically, that list the textbooks required for that course.
(j)
(k) A publisher or campus bookstore shall not solicit
faculty for the purpose of the sale of instructor copies or
complimentary teachers editions of textbooks that have been provided
by a publisher at no charge to a faculty member or other employee.
This subdivision does not apply to unsolicited complimentary copies.
(k)
(l) A campus bookstore shall not engage in any trade of
any course material marked, or otherwise identified, as instructor
copies or complementary teachers editions of textbooks.
(l)
(m) Any self-published textbook by an instructor for
use with that instructor's class shall be exempt from this section,
if the instructor discloses the publishing and use of those materials
to his or her employer institution.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation that will make textbooks more affordable for
California college students.