Bill Text: PA HB1286 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing certain requirements relating to publishing and selling of certain college textbooks.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2009-04-20 - Referred to EDUCATION [HB1286 Detail]

Download: Pennsylvania-2009-HB1286-Introduced.html

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PRINTER'S NO. 1524
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1286 Session of2009
INTRODUCED BY PRESTON, BRENNAN, BROWN, P. COSTA, DeLUCA, DONATUCCI, FABRIZIO, FRANKEL, GEORGE, GOODMAN, HALUSKA, JOSEPHS, KORTZ, McILVAINE SMITH, MUNDY, MURPHY, M. O'BRIEN, PARKER, SIPTROTH, WHITE AND YOUNGBLOOD, APRIL 20, 2009
REFERRED TO COMMITTEE ON EDUCATION, APRIL 20, 2009
AN ACT
Establishing certain requirements relating to publishing and
selling of certain college textbooks.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the
Accountability in College Textbook Publishing Practices Act.
Section 2. Purpose and intent.
The purpose of this section is to ensure that every student
seeking higher education in this Commonwealth is offered
affordable access to course materials. It is the intent of this
section to:
(1) encourage college textbook publishers and
distributors to work with faculty to promote understanding of
the cost to students of purchasing faculty selected
textbooks, including the disclosure of prices and bundling
practices;
(2) encourage innovation in the development and use of
course materials, including open textbooks and other open
educational resources, that can help students receive the
full value of their educational investment without excessive
cost;
(3) ensure that faculty members are informed of accurate
and relevant pricing information for course materials and
that students are protected as a consumer group; and
(4) strengthen and enforce existing Federal regulations.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bundle." One or more college textbooks or other
supplemental learning materials that may be packaged together to
be sold as course materials for one price.
"Campus bookstore." The bookstore on the campus of, or
otherwise associated with, an institution of higher education.
"College textbook." A textbook or set of textbooks used for,
or in conjunction with, a course in postsecondary education at
an institution of higher education .
"Custom textbook." A college textbook that is compiled by a
publisher at the direction of a faculty member or other person
or adopting entity in charge of selecting course materials at an
institution of higher education and may include, alone or in
combination, items such as selections from original instructor
materials, previously copyrighted publisher materials,
copyrighted third-party works and elements unique to a specific
institution, such as commemorative editions.
"Institution of higher education." Any of the 14 State-owned
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universities that are part of the Pennsylvania State System of
Higher Education, including the four State-related universities.
The term also includes community colleges that are members of
the Pennsylvania Commission for Community Colleges.
"Integrated textbook." A college textbook that is:
(1) combined with supplemental 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 supplemental materials are combined;
or
(2) combined with supplemental materials that are so
interrelated with the content of the textbook that the
separation of the textbook from the supplemental materials
would render the textbook unusable for its intended purpose.
"Publisher." A publisher of college textbooks or
supplemental materials that markets college textbooks or
supplemental materials to faculty members at institutions of
higher education.
"Substantial content." Parts of a college textbook, such as
new chapters, additional eras of time, new themes or new subject
matter.
"Supplemental material." Educational material developed to
accompany a college textbook, which may include printed
materials, computer disks, Internet website access and
electronically distributed materials.
Section 4. Publisher requirements.
(a) Pricing information disclosure.--When a publisher
provides a faculty member or entity in charge of selecting
course materials at an institution of higher education with
information regarding a college textbook or supplemental
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material, the publisher shall include, with any such information
and in writing, which may include electronic communications, the
following:
(1) The price at which the publisher would make the
college textbook or supplemental material available to the
campus bookstore of such institution of higher education.
(2) The copyright dates of the three previous editions
of such college textbook in the preceding ten years, if any.
(3) The substantial content revisions made between the
current edition of the college textbook or supplemental
material and the previous edition, if any.
(4) Whether the college textbook or supplemental
material is available in any other format, including
paperback and unbound, and the price at which the publisher
would make the college textbook or supplemental material in
the other format available to the campus bookstore of such
institution of higher education.
(b) Pricing information accountability.--When a publisher
provides a faculty member or entity in charge of selecting
course materials at an institution of higher education with the
price at which the publisher would make the college textbook or
supplemental material available to the campus bookstore of such
institution of higher education as required under this section
or under 20 U.S.C. § 1015 (relating to improvements in market
information and public accountability in higher education), the
publisher shall:
(1) make the college textbook supplemental material
available to the campus bookstore at such institution of
higher education at or below such price provided to a faculty
member or other entity in charge of selecting course
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materials for at least six months; and
(2) notify such faculty member or entity in charge of
selecting course materials and such campus bookstore in
writing, which may include electronic communications, at
least 45 days in advance of any increase in such price and
the amount of increase.
(c) Unbundling of college textbooks from supplemental
materials.--
(1) A publisher that sells a college textbook and any
supplemental material accompanying such college textbook as a
bundle or as an integrated textbook shall also make available
the college textbook and each supplemental material as
separate and unbundled items, each separately priced.
(2) Publishers are not required to make available
supplemental items developed by a third party and that, by
third-party contractual agreement, may not be offered by
publishers separately from the college textbook.
(d) Custom textbooks.--When a faculty member or entity in
charge of selecting course materials at an institution of higher
education directs a publisher to compile a custom textbook, the
publisher shall provide, in writing, which may include
electronic communications, prior to accepting an order for the
custom textbook, the price at which the publishers would make
the custom textbook available to the campus bookstore.
Section 5. Effective date.
This act shall take effect July 1, 2010.
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