BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1548
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1548 (Solorio)
          As Amended September 5, 2007
          Majority vote
           
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          |ASSEMBLY:  |46-24|(June 6, 2007)  |SENATE: |30-8 |(September 10, |
          |           |     |                |        |     |2007)          |
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           Original Committee Reference:    HIGHER ED.  

           SUMMARY  :  Establishes 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.

           The Senate amendments  :

          1)Require publishers to respond to and make available in print  
            or electronically requests for the following:

             a)   A list of all products for sale by that publisher that  
               are relevant to the needs and interests of adopters;

             b)   The copyright date of any prior edition of a textbook; 

             c)   The price at which the new book is available from the  
               publisher; and,

             d)   A list of 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.
           
           2)Specify that publisher disclosure required on the cover of, or  
            within, textbooks apply to textbooks published after January  
            1, 2010.

          3)Remove the exemption for publishers that make available for  
            sale two or fewer textbooks in California.

          4)Exempt any self-published textbook by an instructor for use  
            with that instructor's class, if the instructor discloses the  








                                                                  AB 1548
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            publishing and use of those materials to his employer  
            institution.

          5)Delete the authority of the Attorney General, a district  
            attorney, or any affected resident of this state to bring a  
            civil action to enforce this statute.

          6)Make technical and clarifying changes.
           
           AS PASSED BY THE ASSEMBLY, this measure:
           
           1)Required publishers to print on the outer cover of, or within,  
            a textbook the following items:

             a)   For any new editions of textbooks, a summary of the  
               substantive differences between the new edition and the  
               prior edition;

             b)   The copyright date of the previous version of the  
               textbook; and,

             c)   A notation on the exterior of instructor copies or  
               complimentary teacher editions that the book is an  
               instructor's copy and not for resale.

          2)Required campus bookstores in any postsecondary education  
            institution to post on the store shelf or their Internet Web  
            site a disclosure of its retail pricing policy on new and used  
            textbooks.

          3)Required postsecondary education institutions to institute  
            practices that encourage textbook adopters to place their  
            orders with sufficient lead time to enable the  
            university-managed bookstore or contract-managed bookstore to  
            confirm the availability of the requested materials.

          4)Prohibited employees or departments at a postsecondary  
            education institution from demanding or receiving anything of  
            value, as defined, for adopting specific course materials  
            required for coursework or instruction, except for  
            complimentary copies, royalties from the instructor's writing,  
            honoraria for academic peer review of course materials, and  
            training in the use of course materials and technologies. 

          5)Prohibited a publisher or campus bookstore from soliciting  








                                                                  AB 1548
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            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.

          6)Prohibited a bookstore from engaging in the trade of any  
            course materials identified as instructor copies or  
            complimentary teachers editions of textbooks. 

           FISCAL EFFECT  :  $70 to $140 million in General Fund costs to  
          public postsecondary education institutions.  Costs to the  
          California Community Colleges would count toward meeting the  
          Proposition 98 guarantee

           COMMENTS  :  The California Public Interest Research Groups  
          released a study in January 2004 that found that students spent  
          an average of $898 per year on textbooks in 2003-04, based on a  
          survey of 521 students at seven University of California  
          campuses.  A new textbook costs $102.44 on average-58% more  
          expensive than the price of an average used textbook.   
          Fifty-nine percent of students who searched for a used book for  
          the Fall 2003 quarter/semester were unable to find even one used  
          book for their classes. 

          Generally, the college textbook selection and distribution  
          process is as follows:  publishers produce materials; faculty  
          select which to assign from a selection list provided by  
          publishers; institution department chairs approve textbook  
          selections; lists of assigned textbooks are submitted to  
          bookstores; bookstores order and stock based on faculty  
          estimates of how many students may purchase the books from the  
          bookstore; students purchase from the bookstore, off-campus  
          stores or online.


           Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960

                                                               FN: 0003185