| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| 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 |
| |
1 | Establishing certain requirements relating to publishing and |
2 | selling of certain college textbooks. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the |
7 | Accountability in College Textbook Publishing Practices Act. |
8 | Section 2. Purpose and intent. |
9 | The purpose of this section is to ensure that every student |
10 | seeking higher education in this Commonwealth is offered |
11 | affordable access to course materials. It is the intent of this |
12 | section to: |
13 | (1) encourage college textbook publishers and |
14 | distributors to work with faculty to promote understanding of |
15 | the cost to students of purchasing faculty selected |
16 | textbooks, including the disclosure of prices and bundling |
17 | practices; |
|
1 | (2) encourage innovation in the development and use of |
2 | course materials, including open textbooks and other open |
3 | educational resources, that can help students receive the |
4 | full value of their educational investment without excessive |
5 | cost; |
6 | (3) ensure that faculty members are informed of accurate |
7 | and relevant pricing information for course materials and |
8 | that students are protected as a consumer group; and |
9 | (4) strengthen and enforce existing Federal regulations. |
10 | Section 3. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Bundle." One or more college textbooks or other |
15 | supplemental learning materials that may be packaged together to |
16 | be sold as course materials for one price. |
17 | "Campus bookstore." The bookstore on the campus of, or |
18 | otherwise associated with, an institution of higher education. |
19 | "College textbook." A textbook or set of textbooks used for, |
20 | or in conjunction with, a course in postsecondary education at |
21 | an institution of higher education . |
22 | "Custom textbook." A college textbook that is compiled by a |
23 | publisher at the direction of a faculty member or other person |
24 | or adopting entity in charge of selecting course materials at an |
25 | institution of higher education and may include, alone or in |
26 | combination, items such as selections from original instructor |
27 | materials, previously copyrighted publisher materials, |
28 | copyrighted third-party works and elements unique to a specific |
29 | institution, such as commemorative editions. |
30 | "Institution of higher education." Any of the 14 State-owned |
|
1 | universities that are part of the Pennsylvania State System of |
2 | Higher Education, including the four State-related universities. |
3 | The term also includes community colleges that are members of |
4 | the Pennsylvania Commission for Community Colleges. |
5 | "Integrated textbook." A college textbook that is: |
6 | (1) combined with supplemental materials developed by a |
7 | third party and that, by third-party contractual agreement, |
8 | may not be offered by publishers separately from the college |
9 | textbook with which the supplemental materials are combined; |
10 | or |
11 | (2) combined with supplemental materials that are so |
12 | interrelated with the content of the textbook that the |
13 | separation of the textbook from the supplemental materials |
14 | would render the textbook unusable for its intended purpose. |
15 | "Publisher." A publisher of college textbooks or |
16 | supplemental materials that markets college textbooks or |
17 | supplemental materials to faculty members at institutions of |
18 | higher education. |
19 | "Substantial content." Parts of a college textbook, such as |
20 | new chapters, additional eras of time, new themes or new subject |
21 | matter. |
22 | "Supplemental material." Educational material developed to |
23 | accompany a college textbook, which may include printed |
24 | materials, computer disks, Internet website access and |
25 | electronically distributed materials. |
26 | Section 4. Publisher requirements. |
27 | (a) Pricing information disclosure.--When a publisher |
28 | provides a faculty member or entity in charge of selecting |
29 | course materials at an institution of higher education with |
30 | information regarding a college textbook or supplemental |
|
1 | material, the publisher shall include, with any such information |
2 | and in writing, which may include electronic communications, the |
3 | following: |
4 | (1) The price at which the publisher would make the |
5 | college textbook or supplemental material available to the |
6 | campus bookstore of such institution of higher education. |
7 | (2) The copyright dates of the three previous editions |
8 | of such college textbook in the preceding ten years, if any. |
9 | (3) The substantial content revisions made between the |
10 | current edition of the college textbook or supplemental |
11 | material and the previous edition, if any. |
12 | (4) Whether the college textbook or supplemental |
13 | material is available in any other format, including |
14 | paperback and unbound, and the price at which the publisher |
15 | would make the college textbook or supplemental material in |
16 | the other format available to the campus bookstore of such |
17 | institution of higher education. |
18 | (b) Pricing information accountability.--When a publisher |
19 | provides a faculty member or entity in charge of selecting |
20 | course materials at an institution of higher education with the |
21 | price at which the publisher would make the college textbook or |
22 | supplemental material available to the campus bookstore of such |
23 | institution of higher education as required under this section |
24 | or under 20 U.S.C. § 1015 (relating to improvements in market |
25 | information and public accountability in higher education), the |
26 | publisher shall: |
27 | (1) make the college textbook supplemental material |
28 | available to the campus bookstore at such institution of |
29 | higher education at or below such price provided to a faculty |
30 | member or other entity in charge of selecting course |
|
1 | materials for at least six months; and |
2 | (2) notify such faculty member or entity in charge of |
3 | selecting course materials and such campus bookstore in |
4 | writing, which may include electronic communications, at |
5 | least 45 days in advance of any increase in such price and |
6 | the amount of increase. |
7 | (c) Unbundling of college textbooks from supplemental |
8 | materials.-- |
9 | (1) A publisher that sells a college textbook and any |
10 | supplemental material accompanying such college textbook as a |
11 | bundle or as an integrated textbook shall also make available |
12 | the college textbook and each supplemental material as |
13 | separate and unbundled items, each separately priced. |
14 | (2) Publishers are not required to make available |
15 | supplemental items developed by a third party and that, by |
16 | third-party contractual agreement, may not be offered by |
17 | publishers separately from the college textbook. |
18 | (d) Custom textbooks.--When a faculty member or entity in |
19 | charge of selecting course materials at an institution of higher |
20 | education directs a publisher to compile a custom textbook, the |
21 | publisher shall provide, in writing, which may include |
22 | electronic communications, prior to accepting an order for the |
23 | custom textbook, the price at which the publishers would make |
24 | the custom textbook available to the campus bookstore. |
25 | Section 5. Effective date. |
26 | This act shall take effect July 1, 2010. |
|