BILL ANALYSIS
SB 48
Page 1
Date of Hearing: July 7, 2009
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
SB 48 (Alquist) - As Amended: June 24, 2009
SENATE VOTE : 32-5
SUBJECT : College textbooks: electronic versions.
SUMMARY : Requires textbook publishers to make textbooks
available in electronic format by January 1, 2020.
Specifically, this bill :
1)Requires publishers that offer textbooks for sale at the
University of California (UC), the California State University
(CSU), the California Community Colleges (CCC), or private
postsecondary institutions in the state, to the extent
practicable, to make those textbooks, in whole or in part,
available for sale in an electronic format by January 1, 2020.
2)Provides that the electronic version of any textbook shall
contain the same content as the printed version and may be
copy-protected.
3)Establishes that, for the purposes of this bill, "textbook"
means a book, excluding a novel, 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.
4)Provides that the provisions of this bill do not authorize any
use of instructional materials that would constitute an
infringement of copyright under the federal Copyright Revision
Act of 1976, as amended.
EXISTING LAW requires publishers and producers of instructional
materials for students attending UC, CSU, or CCC to provide the
material, at no cost, in an electronic format for use by
disabled students.
FISCAL EFFECT : None. This bill is keyed non-fiscal by
Legislative Counsel.
SB 48
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COMMENTS : Background : In 2007, the California State Auditor
(Auditor) released a report entitled "Affordability of College
Textbooks: Textbook Prices Have Risen Significantly in the Last
Four Years, but Some Strategies May Help to Control These Costs
for Students." The Auditor's findings were consistent with
numerous other reports showing that increases in textbook prices
have significantly outpaced median household incomes, making it
more likely that students will forgo or delay attending college
because of the financial burden.
Purpose of this bill : The author notes that the California
Public Interest Research Group (CALPIRG) has found that the
average student spends $900 a year on required textbooks; this
is approximately 20% of tuition and fees at a four year public
institution and 50% of tuition at a CCC. According to the
author, electronic 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. Additionally, the author argues that electronic
textbooks ensure that college students are equipped with the
21st century skills necessary to succeed in today's ever
increasing digital world. The author believes that by requiring
the availability of electronic textbooks by January 1, 2020,
this bill will reduce educational costs for students and ensure
that college graduates have the technological experience and
knowledge that the 21st century workplace requires.
Enforcement : It us unclear how the requirements established by
this bill would be enforced as there is currently no enforcement
mechanism. Options for enforcement, should the author seek to
provide for enforcement, could include prohibiting college
bookstores from offering textbooks or prohibiting faculty from
requiring textbooks from publishers that do not comply with this
bill.
Related Legislation : AB 386 (Ruskin), pending in the Senate
Appropriations Committee, authorizes California's public
colleges and universities to provide captioning for nonprinted
instructional materials for students with disabilities if the
publisher does not respond to a request for this service within
a two-week period. SB 388 (Calderon), pending in this
Committee, establishes the Accountability in College Textbook
Publishing Practices Act. SB 216 (Liu), which was held in the
Senate Appropriations Committee, would have required the CSU
Board of Trustees and the CCC Board of Governors, and requested
SB 48
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the UC Board of Regents, to post a list of required textbooks
for each course and for the coming term on their Internet
websites not less than 30 days prior to the first day of class,
including the price charged by the campus bookstore for each
required textbook.
Previous Legislation : AB 1548 (Solario) Chapter 574, Statutes
of 2007, established the College Textbook Transparency Act for
the purposes of requiring 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 422 (Steinberg), Chapter 379,
Statutes of 1999, required publishers and producers of
instructional materials for students attending UC, CSU, and CCC
to provide the material, at no cost, in an electronic format for
use by disabled students.
REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Teachers
California Postsecondary Education Commission
Faculty Association of California Community Colleges
Opposition
None on file
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960