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| PRIOR PRINTER'S NOS. 1118, 1204, 2062 | PRINTER'S NO. 2077 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY DINNIMAN, PICCOLA AND WILLIAMS, JUNE 5, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, JUNE 21, 2010 |
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| AN ACT |
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1 | Providing for the sale of certain course materials at |
2 | institutions of higher education, for responsibilities of |
3 | faculty and institutions of higher education and for college |
4 | textbook rental pilot programs; and establishing the College |
5 | Textbook Policies Advisory Committee. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the College |
10 | Textbook Affordability, Accountability and Accessibility Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Advisory committee." The College Textbook Policies Advisory |
16 | Committee established under this act. |
17 | "Bundle." One or more college textbooks or other |
18 | supplemental materials that may be packaged together to be sold |
19 | as course materials for one price. |
20 | "Campus." The grounds and buildings of an institution of |
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1 | higher education that are designated as such by the institution |
2 | of higher education. |
3 | "Campus bookstore." The bookstore on the campus of, or |
4 | otherwise associated with, an institution of higher education. |
5 | "College textbook." A textbook or set of textbooks used for, |
6 | or in conjunction with, a course in postsecondary education at |
7 | an institution of higher education. |
8 | "Custom textbook." A college textbook that is compiled by a |
9 | publisher at the direction of a faculty member or other person |
10 | or adopting entity in charge of selecting course materials at an |
11 | institution of higher education and may include, alone or in |
12 | combination, items, such as selections from original instructor |
13 | materials, previously copyrighted publisher materials or |
14 | copyrighted third-party works. This term does not include purely |
15 | aesthetic changes to a textbook when compared with a prior |
16 | edition, such as a commemorative edition. |
17 | "Institution of higher education" or "institution." Any of |
18 | the 14 State-owned universities that are part of the |
19 | Pennsylvania State System of Higher Education, including the |
20 | four State-related universities. The term also includes |
21 | community colleges that are members of the Pennsylvania |
22 | Commission for Community Colleges and independent or private |
23 | colleges or universities that receive an assistance grant under |
24 | the act of July 18, 1974 (P.L.483, No.174), known as The |
25 | Institutional Assistance Grants Act. |
26 | "Integrated textbook." A college textbook that is: | <-- |
27 | (1) combined with supplemental materials developed by a |
28 | third party and that, by third-party contractual agreement, |
29 | may not be offered by publishers separately from the college |
30 | textbook with which the supplemental materials are combined; |
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1 | or |
2 | (2) combined with supplemental materials that are so |
3 | interrelated with the content of the textbook that the |
4 | separation of the textbook from the supplemental materials |
5 | would render the textbook unusable for its intended purpose. |
6 | "ISBN." International Standard Book Number. |
7 | "Publisher." An entity that publishes college textbooks or |
8 | supplemental materials and markets college textbooks or |
9 | supplemental materials to faculty members at institutions of |
10 | higher education. The term does not include a wholesaler. |
11 | "Substantial content." Parts of a college textbook, such as |
12 | new chapters, additional eras of time, new themes or new subject |
13 | matter. |
14 | "Supplemental material." Educational material developed to |
15 | accompany a college textbook, which may include printed |
16 | materials, computer disks, Internet website access and |
17 | electronically distributed materials. |
18 | Section 3. Publisher requirements. |
19 | (a) Pricing information disclosure.--When a publisher |
20 | provides a faculty member or entity in charge of selecting |
21 | course materials at an institution of higher education with |
22 | information regarding a college textbook or supplemental |
23 | material, the publisher shall include, in writing or |
24 | electronically, the following: |
25 | (1) The price at which the publisher would make the |
26 | college textbook or supplemental material available to the |
27 | campus bookstore of the institution of higher education. |
28 | (2) The copyright dates of the three previous editions |
29 | of the college textbook or supplemental material in the |
30 | preceding ten years, if any. |
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1 | (3) The substantial content revisions made between the |
2 | current edition of the college textbook or supplemental |
3 | material and the previous edition, if any. |
4 | (4) Whether the college textbook or supplemental |
5 | material is available in any other format, including |
6 | paperback and unbound, and the price at which the publisher |
7 | would make the college textbook or supplemental material in |
8 | the other format available to the campus bookstore of such |
9 | institution of higher education. |
10 | (b) Unbundling of college textbooks from supplemental |
11 | materials.-- |
12 | (1) A publisher that sells a college textbook and any |
13 | supplemental material accompanying the college textbook as a |
14 | bundle or as an integrated textbook shall also make available | <-- |
15 | the college textbook and each supplemental material as |
16 | separate and unbundled items, each separately priced. |
17 | (2) A publisher is not required to make available |
18 | supplemental items developed by a third party and that, by |
19 | third-party contractual agreement, may not be offered by the |
20 | publisher separately from the college textbook. |
21 | (c) Custom textbooks.--When a faculty member or entity in |
22 | charge of selecting course materials at an institution of higher |
23 | education directs a publisher to compile a custom textbook, the |
24 | publisher shall provide, in writing or electronically, prior to |
25 | accepting an order for the custom textbook, the price at which |
26 | the publishers would make the custom textbook available to the |
27 | campus bookstore. |
28 | Section 4. Faculty responsibilities. |
29 | (a) General duties.--A faculty member or entity in charge of |
30 | selecting college textbooks, supplemental materials or bundled |
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1 | textbook packages for an institution of higher education shall: |
2 | (1) Consider the least costly practices in assigning |
3 | college textbooks, consistent with educationally sound |
4 | practices as determined by the appropriate faculty or entity. |
5 | (2) Consider the use of college textbooks, supplemental |
6 | materials and bundled textbook packages for a longer period |
7 | of time, to the extent they are not outdated. |
8 | (3) Work with bookstores to review timeliness and the |
9 | processes involved in ordering and stocking selected course |
10 | materials, disclose college textbook costs to students and |
11 | actively promote and publicize book buyback programs. |
12 | (4) Provide a statement to the entity designated by the |
13 | president or chancellor of the institution to disseminate the |
14 | information required under section 5(a) detailing college |
15 | textbooks or supplemental learning materials, whether bundled |
16 | or unbundled, that are required or recommended for the |
17 | course. Where possible, the statement shall indicate if an |
18 | earlier edition may be effective for use by a student. |
19 | (5) Encourage participation in college textbook rental |
20 | programs that exist or may exist in the future. |
21 | (b) Prohibited conduct by faculty and academic |
22 | departments.-- |
23 | (1) No faculty member or academic department may demand |
24 | or receive any payment, loan, subscription, advance, deposit |
25 | of money, services or any thing, present or promised, as an |
26 | inducement for requiring students to purchase a specific |
27 | college textbook required for coursework or instruction. |
28 | (2) Notwithstanding the provisions of paragraph (1), a |
29 | faculty member or academic department may receive: |
30 | (i) Sample copies, instructor's copies or |
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1 | instructional material. |
2 | (ii) Royalties or other compensation from the sale |
3 | of college textbooks that include the writing or work of |
4 | the particular faculty member or academic department. |
5 | (3) A violation of this subsection may result in the |
6 | institution taking disciplinary action, subject to any |
7 | contractual requirements, against the faculty member or |
8 | academic department, including, where appropriate, referral |
9 | to law enforcement. |
10 | (c) Construction.--Nothing in this section shall be |
11 | construed: |
12 | (1) To prohibit a faculty member or academic department |
13 | from requiring the most recent edition of a college textbook. |
14 | (2) To supersede the institutional autonomy or academic |
15 | freedom of instructors, faculty members or academic |
16 | departments involved in the selection of college textbooks, |
17 | supplemental materials and other classroom materials. |
18 | Section 5. Responsibilities of institutions of higher |
19 | education. |
20 | (a) General rule.--Except as otherwise provided in this |
21 | section, each institution shall make available at student |
22 | registration and throughout the year on its Internet website and |
23 | upon written request a listing of all college textbooks and |
24 | supplemental materials, including the ISBN, required and |
25 | recommended for courses to be offered during the upcoming term, |
26 | provided that: |
27 | (1) If the ISBN is not available, the institution shall |
28 | include the author, title, edition, publisher and copyright |
29 | date for the college textbook or supplemental material. |
30 | (2) If the institution determines that the disclosure of |
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1 | the information relating to a college textbook or |
2 | supplemental material is not practicable, then the |
3 | institution shall so indicate by placing the designation "To |
4 | Be Determined" in lieu of the information required in |
5 | paragraph (1). As this information becomes available, it |
6 | shall be posted on the institution's Internet website and |
7 | provided as soon as possible to students and those who have |
8 | previously requested such information. |
9 | (b) Publication.--The institution shall provide the |
10 | information required under subsections (a) and (d) to existing |
11 | and accepted incoming students by posting the information on the |
12 | institution's Internet website used for course scheduling, |
13 | preregistration and registration. The institution shall inform, |
14 | in writing, students and all others who make a written request |
15 | for such information of the availability of the information. The |
16 | posting of this information on the Internet website of the |
17 | campus bookstore shall satisfy the provisions of this section |
18 | provided that such information is freely available to students |
19 | and the general public. |
20 | (c) Information to bookstore.--An institution of higher |
21 | education shall make available to a bookstore that is operated |
22 | by, or in a contractual relationship or otherwise affiliated |
23 | with, the institution, and shall also make available to off- |
24 | campus bookstores upon request, as soon as practicable after the |
25 | request of the bookstore, the most accurate information |
26 | available relating to: |
27 | (1) The institution's course schedule for the subsequent |
28 | academic period. |
29 | (2) For each course or class offered by the institution |
30 | for the subsequent academic period: |
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1 | (i) The information required by subsection (a) for |
2 | each college textbook or supplemental material required |
3 | or recommended for the course or class. |
4 | (ii) The number of students enrolled in such course |
5 | or class. |
6 | (iii) The maximum student enrollment for such course |
7 | or class. |
8 | (d) Dissemination of other information to students.--An |
9 | institution of higher education is encouraged to disseminate to |
10 | students information relating to: |
11 | (1) Available programs for renting college textbooks or |
12 | for purchasing used college textbooks. |
13 | (2) Available college textbook buyback programs. |
14 | (3) Available alternative content delivery programs, |
15 | including digital textbooks. |
16 | (4) Other available cost-saving strategies for acquiring |
17 | college textbooks and supplemental materials. |
18 | (5) Campus and off-campus bookstore information, to the |
19 | extent available, including location, hours and Internet |
20 | website information. |
21 | (e) Textbook information.--Nothing in this section shall be |
22 | construed to prohibit or restrict the ability of a bookstore |
23 | from also providing textbook information to students. |
24 | Section 6. College textbook rental program. |
25 | (a) General rule.--An institution of higher education may, |
26 | with the approval of the administration, authorize the |
27 | establishment of a college textbook rental program for the |
28 | students of any campus. Programs may receive and use Federal, |
29 | State and private funding to aid in the establishment of such |
30 | programs. |
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1 | (b) Task force.--The administrators of a campus with a |
2 | college textbook rental program may convene a task force to |
3 | determine recommended policies and procedures to establish and |
4 | operate a college textbook rental pilot program. The task force |
5 | must include students, faculty, administrators and bookstore |
6 | managers. |
7 | (c) Textbook selection.--The program may not limit the |
8 | rights of faculty to select appropriate textbooks in accordance |
9 | with established policies and procedures. |
10 | (d) Powers of campuses with college textbook rental |
11 | programs.--The administrators of a campus with a college |
12 | textbook rental program may: |
13 | (1) Establish policies for the program, including, but |
14 | not limited to, implementing practices to achieve the best |
15 | possible purchase price for college textbooks and for the |
16 | provision of rental services. Such policies shall be |
17 | developed with the input of faculty, students and bookstores. |
18 | (2) Institute other procedures necessary to establish |
19 | and operate the program in accordance with the provisions of |
20 | this act. |
21 | (3) Charge students a fine for any late, lost or |
22 | damaged books, as determined by the program, provided that |
23 | students may not be charged a fine for normal textbook wear |
24 | and tear. |
25 | (4) Students shall not be required to participate in a |
26 | textbook rental program. |
27 | (e) Construction.--Nothing in this section shall be |
28 | construed to: |
29 | (1) change or limit any textbook rental program or |
30 | program in existence at an institution of higher education |
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1 | prior to the enactment date of this act; or |
2 | (2) restrict an institution of higher education from |
3 | establishing or piloting other textbook rental models or |
4 | programs as deemed appropriate by the institution of higher |
5 | education. |
6 | Section 7. Electronic versions of college textbooks. |
7 | (a) General rule.--No later than January 1, 2020, an |
8 | individual, firm, partnership or corporation that publishes |
9 | college textbooks offered for sale at institutions of higher |
10 | education shall, to the extent practicable, make the college |
11 | textbooks available, in whole or in part, for sale in an |
12 | electronic format when commercially reasonable. |
13 | (b) Construction.--Nothing in this section shall be |
14 | construed to authorize any use of instructional materials that |
15 | would constitute an infringement of copyright under Federal law. |
16 | (c) Definition.--For purposes of this section, "college |
17 | textbook" means a book, not including a novel, that contains |
18 | printed material and is intended for use as a source of study |
19 | material for a class or group of students, a copy of which is |
20 | expected to be available for the use of each of the students in |
21 | that class or group. |
22 | Section 8. College textbook adoption policies. |
23 | (a) General rule.--An institution of higher education may |
24 | implement policies, procedures and guidelines that promote |
25 | efforts to minimize the cost of college textbooks for students |
26 | at the institution while maintaining the quality of education |
27 | and academic freedom. The policies, procedures and guidelines |
28 | shall ensure that: |
29 | (1) The adoption of a college textbook by a faculty |
30 | member is made with sufficient lead time so as to confirm |
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1 | availability of the requested materials and, where possible, |
2 | ensure maximum availability of used college textbooks. |
3 | (2) (i) During the college textbook adoption process, |
4 | the intent to use all items ordered, particularly each |
5 | individual item sold as part of a bundled package, is |
6 | affirmatively confirmed before the adoption is finalized |
7 | by the faculty member. |
8 | (ii) If the faculty member does not intend to use |
9 | each item in a bundled package, the faculty member shall |
10 | notify the bookstore, and the bookstore shall order the |
11 | individualized items if: |
12 | (A) Procurement of the individualized items is |
13 | cost effective for both the institution and the |
14 | students. |
15 | (B) The individualized items are made available |
16 | by the publisher. |
17 | (3) Faculty members affirmatively acknowledge the quoted |
18 | retail price to the bookstore of any college textbook |
19 | selected for use in each course. |
20 | (4) Faculty members shall give due consideration to both |
21 | the educational value and cost of new edition college |
22 | textbooks and any supplemental materials when previous |
23 | editions do not significantly differ in a substantive way, as |
24 | determined by the appropriate faculty member. |
25 | (5) Required or assigned college textbooks are made |
26 | available to students who are otherwise unable to afford the |
27 | cost. |
28 | (6) Decisions regarding textbook adoption are made in a |
29 | timely manner to ensure a bookstore's ability to have |
30 | textbooks available for the first day of class. |
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1 | Section 9. College Textbook Policies Advisory Committee. |
2 | (a) Establishment.--A standing committee of the State Board |
3 | of Education to be known as the College Textbook Policies |
4 | Advisory Committee is established. The Department of Education |
5 | shall provide staff support for the advisory committee. |
6 | (b) Membership.--The advisory committee shall be comprised |
7 | of: |
8 | (1) The Deputy Secretary for Higher Education of the |
9 | Department of Education or a designee. |
10 | (2) The chairman of the State Board of Education Higher |
11 | Education Council or a designee. |
12 | (3) One faculty member representing the State System of |
13 | Higher Education as recommended by the Chancellor of the |
14 | State System of Higher Education. |
15 | (4) One faculty member representing each of the State- |
16 | related institutions as recommended by the chancellors of the |
17 | State-related institutions. |
18 | (5) One faculty member representing community colleges |
19 | as recommended by the Commission for Community Colleges. |
20 | (6) One faculty member representing private and |
21 | independent colleges and universities as recommended by the |
22 | Association of Independent Colleges and Universities of |
23 | Pennsylvania. |
24 | (7) The chairman and minority chairman of the Education |
25 | Committee of the Senate and the chairman and minority |
26 | chairman of the House of Representatives or their designees. |
27 | (8) Nine members appointed by the chairman of the State |
28 | Board of Education as follows: |
29 | (i) Three members representing college bookstores, |
30 | with one representing campus bookstores, one representing |
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1 | off-campus bookstores and one representing online |
2 | bookstores that focus primarily on the sale of college |
3 | textbooks. |
4 | (ii) Two members representing textbook publishers. |
5 | (iii) Four student members representing college |
6 | students, of whom one must attend a State System of |
7 | Higher Education institution, one must attend a |
8 | State-related institution, one must attend a community |
9 | college and one must attend an independent or private |
10 | college or university within this Commonwealth. The |
11 | student members shall be appointed, respectively, by the |
12 | chairman from a list of students recommended by the |
13 | Chancellor of the State System of Higher Education, the |
14 | chancellors of the State-related institutions, the |
15 | Commission for Community Colleges or the Association of |
16 | Independent Colleges and Universities of Pennsylvania. |
17 | (9) One member possessing a background in information |
18 | technology-electronic media appointed by the chairman of the |
19 | State Board of Education. |
20 | (c) Recommendations.--The advisory committee shall examine |
21 | national and international efforts relating to college textbook |
22 | affordability and accessibility and make recommendations that: |
23 | (1) Ensure that students have access to affordable |
24 | course materials by decreasing costs to students and |
25 | enhancing transparency and disclosure with respect to the |
26 | selection, purchase, sale and use of course materials. |
27 | (2) Identify ways to decrease the cost of college |
28 | textbooks and supplemental materials for students while |
29 | supporting the academic freedom of faculty members to select |
30 | high quality course materials for students. |
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1 | (3) Encourage college textbook publishers and |
2 | distributors to work with faculty to promote understanding of |
3 | the cost to students of purchasing faculty-selected college |
4 | textbooks, including the disclosure of prices and bundling |
5 | practices. |
6 | (4) Encourage innovation in the development and use of |
7 | course materials, including open-source college textbooks and |
8 | other open-source educational resources, that can help |
9 | students receive the full value of their educational |
10 | investment without excessive cost. |
11 | (5) Ensure that faculty members are informed of accurate |
12 | and relevant pricing information for course materials and |
13 | that students are protected as a consumer group. |
14 | (6) Make recommendations to the General Assembly and the |
15 | State Board of Education to strengthen existing State laws |
16 | and regulations and to propose any additional and necessary |
17 | State laws and regulations. |
18 | (d) First meeting.-- The advisory committee shall hold its |
19 | first meeting within 60 days of the effective date of this |
20 | section. The advisory committee shall meet at least once |
21 | quarterly. Members of the advisory committee shall serve without |
22 | compensation. The deputy secretary for Higher Education of the |
23 | Department of Education shall serve as committee chair. |
24 | (e) Report.--No later than 18 months after the effective |
25 | date of this section, the advisory committee shall make a report |
26 | to the State Board of Education that outlines its findings and |
27 | recommendations. The report shall also be delivered to the |
28 | Governor's Office, members of the Education Committee of the |
29 | Senate and members of the Education Committee of the House of |
30 | Representatives. The report shall be updated every three years |
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1 | and may also be posted on the Department of Education's Internet |
2 | website. |
3 | Section 10. Effective date. |
4 | This act shall take effect July 1, 2010, or immediately, |
5 | whichever is later. |
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