NY State Assembly Bill 2009-A10386

Archive: Last Bill Status - In Assembly Committee

Introduced
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- In Committee Senate
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2010	referred to higher education

2009-A10386 (ACTIVE) - Details

See Senate Version of this Bill:: S6721
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 15-D §§730 - 734, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A1001

2009-A10386 (ACTIVE) - Summary

Establishes the textbook transparency act, requiring college textbook publishers to make available the price, and revisions between the last two editions, copyright dates and the variety of formats for a text.

2009-A10386 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10386

TITLE OF BILL:  An act to amend the education law, in relation to estab-
lishing the textbook transparency act

PURPOSE:

The purpose of the legislation is to add transparency to the process of
purchasing textbooks, and to provide institutions of higher education,
and faculty members the knowledge needed to avoid unwarranted expendi-
tures.

SUMMARY OF PROVISIONS:

Section one amends the education law by adding a new article 15, the
textbook transparency act.  The legislation requires college textbook
publishers to provide educational institutions and their facility with
the following information upon request:

* A price at which the publisher would make the product available to the
campus bookstore.

* A list of the substantial revisions between the current textbook and a
previous textbook.

* Copyright dates of all previous editions in the preceding ten years.

* Whether the products are available in other formats, such as paperback
and unbound, including the price at which the bookseller would make the
textbooks available to the campus bookstore in such varied formats.

* Supplemental material that may be bundled or attached to a textbook,
such as a computer disk, access to a special website, or study guides
that are sold as part of the textbook, or are not a component of the
textbook, and are intended to be sold individually, separate from the
textbook.

JUSTIFICATIONS:

The costs for secondary education have risen over the last decade to
astronomical heights. The average annual cost for tuition, room, and
board for the 2007-2008 academic year for a 4-year public university was
estimated at $13,434, and $30,393 for private universities. This is in
comparison to 2001-2002 tuition, room, and board of $9,196 for public
universities and $22,896 for private universities. Tuition costs
increase annually and the price for books is also on that upward spiral.
(See, http://nces.ed.gov/FastFacts/display.asp?id=76.)

According to the U.S. Government Accountability Office, in 2003-2004
students purchased approximately $6 billion of new and used textbooks.
Those figures derive from an average amount paid for textbooks of $898

per student, and amounted to a price increase of 186 percent over 1986's
prices.

The ever-increasing cost of higher education directly affects that abil-
ity of students to better their lives and achieve their dreams.  There-
fore, we must work to lower costs where possible, which this legislation
does by increasing the transparency of the process by which textbooks
are sold.  (See, http://www .gao.gov/new.items/d05806.pdf.)

By increasing the transparency of the textbook selection, pricing and
"add-ons" process, this legislation will provide faculty members and
schools with the information necessary to make more cost effective
choices for the students, and it will empower students to buy their
textbooks in a far more cost-effective manner by providing them with
information on pricing and change of edition information.

New York is not the first state to put forward legislation of this type.
In 2007, the State of Washington enacted the "College Transparency Act,"
as did California. (See, 2008 Mich.St.L.Rev. 637 (Summer); and see
http://www.washpirgstudents.org/news/recentnews/ governor-signs-col-
lege-textbook-transparency-act; see, also,
http://info.sen.ca.gov/pub/0708/bill/asm/ab1501-1550/ab 1548 bill
20071013 chaptered.html.)

Like Washington and California, New York needs to increase the transpar-
ency and accountability of the textbook purchase process in its insti-
tutions of higher education.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

No fiscal implications.

LOCAL FISCAL IMPLICATIONS:

No local fiscal implications.

EFFECTIVE DATE:

This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2009-A10386 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10386

                          I N  A S S E M B L Y

                             March 22, 2010
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to establishing the text-
  book transparency act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The education law is amended by adding a new article 15-D
to read as follows:
                              ARTICLE 15-D
                        TEXTBOOK TRANSPARENCY ACT
SECTION 730. SHORT TITLE.
        731. DEFINITIONS.
        732. INFORMATION COLLEGE TEXTBOOK  PUBLISHERS  MUST  PROVIDE  TO
                EDUCATIONAL INSTITUTIONS.
        733. USING UNDISBURSED FINANCIAL AID TO PURCHASE TEXTBOOKS.
        734. SEVERABILITY.
  S  730.  SHORT TITLE.  THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"TEXTBOOK TRANSPARENCY ACT."
  S 731. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  1. "ADOPTER" MEANS ANY FACULTY MEMBER OR  ACADEMIC  DEPARTMENT  AT  AN
APPROVED INSTITUTION OF HIGHER EDUCATION RESPONSIBLE FOR CONSIDERING AND
CHOOSING  COURSE  MATERIALS TO BE USED IN CONNECTION WITH THE ACCREDITED
COURSES TAUGHT AT THE APPROVED INSTITUTION OF HIGHER EDUCATION;
  2. "APPROVED INSTITUTION OF HIGHER  EDUCATION"  MEANS  AN  EDUCATIONAL
INSTITUTION LOCATED IN THIS STATE WHICH:
  A.  IS DIRECTLY CONTROLLED OR ADMINISTERED BY A PUBLIC AGENCY OR POLI-
TICAL SUBDIVISION;
  B. RECEIVES APPROPRIATIONS DIRECTLY OR INDIRECTLY FROM THE LEGISLATURE
FOR OPERATING EXPENSES;
  C. PROVIDES A POSTSECONDARY COURSE OF INSTRUCTION AT LEAST SIX  MONTHS
IN  LENGTH  LEADING TO OR DIRECTLY CREDITABLE TOWARD A DEGREE OR CERTIF-
ICATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15342-02-0

A. 10386                            2

  D. MEETS THE STANDARDS FOR ACCREDITATION AS DETERMINED BY  THE  MIDDLE
STATES  COMMISSION  ON  HIGHER  EDUCATION, OR IF A PUBLIC JUNIOR COLLEGE
MEETS THE STANDARDS ESTABLISHED BY THE  COORDINATING  BOARD  FOR  HIGHER
EDUCATION  FOR  SUCH  PUBLIC  JUNIOR  COLLEGES,  OR BY OTHER ACCREDITING
BODIES RECOGNIZED BY THE UNITED STATES OFFICE OF EDUCATION OR BY UTILIZ-
ING ACCREDITATION STANDARDS APPLICABLE TO THE INSTITUTION AS ESTABLISHED
BY THE COORDINATING BOARD FOR HIGHER EDUCATION;
  E.  DOES NOT DISCRIMINATE IN THE HIRING OF ADMINISTRATORS, FACULTY AND
STAFF OR IN THE ADMISSION OF STUDENTS ON THE BASIS OF RACE, COLOR, RELI-
GION, SEX, OR NATIONAL ORIGIN AND IS OTHERWISE IN  COMPLIANCE  WITH  THE
FEDERAL  CIVIL  RIGHTS ACTS OF 1964 AND 1968 AND EXECUTIVE ORDERS ISSUED
PURSUANT THERETO; AND
  F. PERMITS FACULTY MEMBERS TO SELECT TEXTBOOKS  WITHOUT  INFLUENCE  OR
PRESSURE BY ANY RELIGIOUS OR SECTARIAN SOURCE;
  3.  "COLLEGE TEXTBOOK" MEANS A TEXTBOOK OR A SET OF TEXTBOOKS USED FOR
A COURSE OF POSTSECONDARY EDUCATION AT AN APPROVED PUBLIC INSTITUTION OF
HIGHER EDUCATION;
  4. "INTEGRATED TEXTBOOK" MEANS A COLLEGE TEXTBOOK THAT:
  A. IS COMBINED WITH MATERIALS DEVELOPED BY A THIRD PARTY AND THAT,  BY
THIRD-PARTY  CONTRACTUAL  AGREEMENT,  MAY  NOT  BE OFFERED BY PUBLISHERS
SEPARATELY FROM THE  COLLEGE  TEXTBOOK  WITH  WHICH  THE  MATERIALS  ARE
COMBINED; OR
  B.  INCLUDES  FUNCTIONALLY INTERDEPENDENT COURSE MATERIALS DESIGNED TO
BE USED SOLELY AS A SINGLE UNIT AND WHOSE SEPARATION WOULD SUBSTANTIALLY
DEGRADE THE ACADEMIC CONTENT SO THAT IT  WOULD  NOT  BE  USABLE  TO  THE
STUDENT;
  5.  "PRODUCTS"  MEANS  ALL  VERSIONS  OF  A COLLEGE TEXTBOOK OR SET OF
COLLEGE TEXTBOOKS, EXCEPT CUSTOM TEXTBOOKS OR SPECIAL EDITIONS OF  TEXT-
BOOKS,  AVAILABLE  IN THE SUBJECT AREA FOR WHICH A PROSPECTIVE PURCHASER
IS TEACHING A COURSE, INCLUDING SUPPLEMENTAL MATERIAL,  BOTH  WHEN  SOLD
TOGETHER OR SEPARATELY FROM A COLLEGE TEXTBOOK;
  6.  "SUPPLEMENTAL MATERIAL" MEANS EDUCATIONAL MATERIAL THAT MAY ACCOM-
PANY A COLLEGE TEXTBOOK, INCLUDING PRINTED  MATERIALS,  COMPUTER  DISKS,
WEBSITE  ACCESS,  AND  ELECTRONICALLY  DISTRIBUTED  MATERIALS,  THAT  IS
NEITHER:
  A. BOUND BY THIRD-PARTY CONTRACTUAL AGREEMENTS TO BE SOLD IN AN  INTE-
GRATED TEXTBOOK; NOR
  B. A COMPONENT OF AN INTEGRATED TEXTBOOK.
  S  732. INFORMATION COLLEGE TEXTBOOK PUBLISHERS MUST PROVIDE TO EDUCA-
TIONAL INSTITUTIONS. 1. TO THE EXTENT PRACTICABLE, AN APPROVED  INSTITU-
TION  OF HIGHER EDUCATION SHALL ENCOURAGE FACULTY MEMBERS OR ADOPTERS TO
PLACE THEIR INITIAL ORDERS FOR COLLEGE TEXTBOOKS  WITH  SUFFICIENT  TIME
FOR  THE  CAMPUS  BOOKSTORE  TO  FACTOR  SUCH  INFORMATION  INTO STUDENT
BUYBACK, RESEARCH THE AVAILABILITY OF THE COURSE MATERIAL, AND EXCHANGE,
WHEN APPROPRIATE, RELEVANT INFORMATION WITH FACULTY TO SUPPORT EFFECTIVE
USE OF COURSE MATERIALS SUCH AS BUNDLES AND TO PROMOTE COST EFFICIENCIES
FOR STUDENTS.
  2. EACH PUBLISHER OF COLLEGE TEXTBOOKS SHALL  PROVIDE,  UPON  REQUEST,
THE  FOLLOWING INFORMATION TO FACULTY MEMBERS OR ADOPTERS AT AN APPROVED
INSTITUTION OF HIGHER  EDUCATION,  WHENEVER  THE  PUBLISHER  PROVIDES  A
FACULTY  MEMBER  OR  ADOPTER  WITH  INFORMATION  ABOUT  THE  PUBLISHER'S
PRODUCTS:
  A. THE PRICE AT WHICH THE PUBLISHER WOULD MAKE THE PRODUCTS  AVAILABLE
TO THE CAMPUS BOOKSTORE;
  B.  THE SUBSTANTIAL CONTENT REVISIONS FOR SUCH PRODUCTS MADE BETWEEN A
CURRENT TEXTBOOK EDITION AND THE PREVIOUS EDITION, IF ANY;

A. 10386                            3

  C. THE COPYRIGHT DATES OF ALL PREVIOUS EDITIONS OF SUCH COLLEGE  TEXT-
BOOK IN THE PRECEDING TEN YEARS, IF ANY; AND
  D.  WHETHER  THE PRODUCTS ARE AVAILABLE IN ANY OTHER FORMAT, INCLUDING
PAPERBACK AND UNBOUND, AND THE PRICE AT WHICH THE PUBLISHER  WOULD  MAKE
THE PRODUCTS IN THE OTHER FORMATS AVAILABLE TO THE CAMPUS BOOKSTORE.
  3.  A  PUBLISHER  THAT  SELLS  A COLLEGE TEXTBOOK AND ANY SUPPLEMENTAL
MATERIAL ACCOMPANYING SUCH COLLEGE TEXTBOOK AS  A  SINGLE  BUNDLE  SHALL
ALSO  MAKE AVAILABLE THE COLLEGE TEXTBOOK AND EACH SUPPLEMENTAL MATERIAL
AS SEPARATE AND UNBUNDLED ITEMS, EACH SEPARATELY PRICED.
  S 733. USING UNDISBURSED FINANCIAL AID TO  PURCHASE  TEXTBOOKS.  WHERE
EXISTING  TECHNOLOGY  AND CONTRACTS MAKE IT FEASIBLE, AN APPROVED PUBLIC
INSTITUTION OF HIGHER EDUCATION SHALL  DEVELOP  A  POLICY  THAT  PERMITS
STUDENTS TO USE FINANCIAL AID THAT HAS NOT BEEN DISBURSED FOR TUITION OR
FEES  TO  PURCHASE REQUIRED TEXTBOOKS FOR COURSES TAUGHT AT THE INSTITU-
TION AT STORES ON THE CAMPUS OF THE INSTITUTION.
  S 734. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR SECTION OF
THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO
BE INVALID AND AFTER EXHAUSTION OF  ALL  FURTHER  JUDICIAL  REVIEW,  THE
JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF,
BUT SHALL BE CONFINED IN ITS OPERATION TO THE  CLAUSE,  SENTENCE,  PARA-
GRAPH,  OR  SECTION OF THIS ARTICLE DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED. THE PROVISIONS  OF  THIS
SECTION  SHALL  APPLY  TO  ALL  SECTIONS  OF  THIS  ARTICLE EXCEPT THOSE
SECTIONS WHICH ARE EXPRESSLY SUBJECT TO SEPARATE SEVERABILITY PROVISIONS
CONTAINED HEREINBEFORE IN THIS ARTICLE.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

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Assembly Bill A10386

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10386 (ACTIVE) - Details

2009-A10386 (ACTIVE) - Summary

2009-A10386 (ACTIVE) - Sponsor Memo

2009-A10386 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

PEOPLES-STOKES

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10386 (ACTIVE) - Details

2009-A10386 (ACTIVE) - Summary

2009-A10386 (ACTIVE) - Sponsor Memo

2009-A10386 (ACTIVE) - Bill Text download pdf

Comments