BILL ANALYSIS �
SB 1539
Page 1
SENATE THIRD READING
SB 1539 (Corbett)
As Amended May 2, 2012
Majority vote
SENATE VOTE :24-10
HIGHER EDUCATION 8-1
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|Ayes:|Block, Olsen, Achadjian, | | |
| |Brownley, Fong, Galgiani, | | |
| |Lara, Portantino | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller | | |
| | | | |
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SUMMARY : Requires the publisher of a textbook, or an agent or
employee of the publisher, to provide prescribed data about the
textbook to prospective purchasers. Specifically, this bill :
1)Requires each publisher, agent, or employee of a publisher of
college textbooks to provide prospective purchasers at a
California college or university with a complete list of
products that are germane to the subject area of interest and
offered for sale by the publisher and requires the publishers
to provide the following for each of these products:
a) The wholesale price of the product;
b) The estimated length of time the publisher intends to
keep the product on the market; and,
c) A complete list of all differences or changes made
between the current edition and the previous edition of the
textbook for each new edition of a product.
2)Requires the lists be made available to the prospective
purchaser at the start of any sales interaction at a college
or university whether in person, by telephone, or
electronically and requires these lists by made available on
the publisher's Web site.
SB 1539
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3)Includes a variety of terms and definitions, as specified.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Several reports throughout the last decade have noted
the increasing cost of college textbooks. In 2004, the
California Public Interest Research Group released a study that
found the cost of textbooks has been rapidly increasing, from an
average of $642 per year in 1996-97 to $898 per year in 2003-04.
A report by the California State Auditor's Office in 2008 found
that textbook costs represented 60% of the total cost to
education for community college students, with an annual
textbook cost of $692 dollars for students taking a full-time
course load.
State and federal laws passed since 2008 have worked to
substantially increase the amount of information provided by
publishers. Publishers are required, among other things, to
give to faculty information about differences from prior
editions, the price the textbook will be offered to the campus
bookstore and to the public, and the copyright dates of the
three previous editions.
Federal law also requires the Comptroller General of the United
States to report by July 1, 2013, on the implementation of the
requirements imposed upon institutions of higher education,
college bookstores and publishers, and particularly to examine:
1)The availability of college textbook information on course
schedules.
2)The provision of pricing information to faculty by publishers.
3)The use of bundled and unbundled material.
4)The implementation of the federal Higher Education Opportunity
Act by institutions of higher education, including the costs
and benefits to such institutions and to students.
Need for this bill. According to the author, "SB 1539 seeks to
close the gap of AB 1548 (Solorio), 2007, which among other
things requires the differences between the newest edition and
the previous edition to be printed on the inside cover of the
SB 1539
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textbook. SB 1539 would require that this information be
provided at the beginning of this transaction. Often times the
textbook itself would not be given to the professor during the
negotiation phase, which means the professor would not have the
information needed to make a sound decision."
Effects of the bill:
1)The provisions of this bill essentially restate existing law
except for: a) the requirements that publishers provide to
faculty a list of the all products and the anticipated length
the product will be on the market; and, b) the requirement
that publishers list information about textbooks on their Web
sites.
2)This bill requires publishers to disclose to faculty all
products offered for sale that are germane to the faculty's
subject area of interest. This bill defines "product" to
include each version of a textbook or set of textbooks,
including a supplemental item whether or not the supplemental
item is sold separately or together with a textbook. This
bill also defines "product" to include digital formats of
textbooks. Current law requires publishers to disclose to
faculty if textbooks are available in other formats, such as
paperback or unbound, but is silent about digital formats.
Analysis Prepared by : Kevin J. Powers / HIGHER ED. / (916)
319-3960
FN: 0004161