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State Bills 2005
These bills have been introduced in their respective state legislatures during 2005, or during a prefiling period at the end of 2004. (For bills introduced in 2006, go to State Bills 2006.)
For specific wording on each bill, sponsors, and other details, click on the state name to go to the legislature's web site and use its bill tracking service or legislative information service to access the bill's records. The wording and status of bills may be subject to rapid and frequent change although it is more likely that bills will sit in committee for months without action.
California
California's regular session adjourned 9/9.
Assembly Bill 1315
Amended bill: Adds language that only full-time students would be eligible.
Amended bill: Adds language that only full-time students would be eligible.
Original bill: Creates pilot program for grants up to $1,000 for purchase of textbooks by community college students. Chancellor to appoint oversight committee to set criteria and select cities for the pilot (funded by the participating cities).
Status: Filed 2/22. Referred to Assembly Committee on Higher Education.
Connecticut
Connecticut's regular session adjourned 6/8.
House Bill 5368
Extends current sales tax exemption on college textbooks at higher education institutions to textbooks required for courses at private occupational schools.
Extends current sales tax exemption on college textbooks at higher education institutions to textbooks required for courses at private occupational schools.
Status: Filed 1/19. Referred to Joint Committee on Higher Education and Employment Advancement. Public hearing 2/1. Referred to Joint Committee on Finance, Revenue, and Bonding, 2/22.
House Bill 6860
Proposed amendment: Replaces the entire bill with new language requiring book adoptions to be posted online with ISBNs; requires publishers to identify changes in new editions; mandates policies for use of required textbooks; and calls for a textbook summit to examine ways to reduce textbook costs.
Proposed amendment: Replaces the entire bill with new language requiring book adoptions to be posted online with ISBNs; requires publishers to identify changes in new editions; mandates policies for use of required textbooks; and calls for a textbook summit to examine ways to reduce textbook costs.
Substitute bill: Revised language clarifies that bundles may be sold at public schools, but textbooks also must be available for individual sale.
Amended bill: Adds requirement that publishers must supply textbooks for separate sale.
Original bill: Requires sellers of books to students at public higher ed institutions to sell textbooks separately from other products recommended by publishers.
Status: Filed 3/3. Referred to Joint Committee on Higher Education and Employment Advancement. Public hearing 3/8. Committee voted to recommend passage, 3/15. On House calendar for third reading, 4/14. Proposed amendment not voted on as of regular session adjournment.
Florida
Florida's regular session adjourned 5/6.
House Bill 891
Substitute bill: Clarifies language that only textbooks are exempt, not other materials. Original bill: Exempts educational materials required or recommended for higher education courses from sales taxes. House staff determined state and local governments would lose $26.9 million in revenue in 2005-06. Bill is identical to SB 1720.
Substitute bill: Clarifies language that only textbooks are exempt, not other materials. Original bill: Exempts educational materials required or recommended for higher education courses from sales taxes. House staff determined state and local governments would lose $26.9 million in revenue in 2005-06. Bill is identical to SB 1720.
Status: Filed 2/17. Referred to House Finance and Tax Committee, House Education Appropriations Committee, and Fiscal Council. Hearing held 4/15. Finance and Tax recommended passage, 4/19. Died in committee, 5/6.
Senate Bill 1720
Substitute bill: Clarifies language that only textbooks are exempt, not other materials.
Substitute bill: Clarifies language that only textbooks are exempt, not other materials.
Original bill: Exempts educational materials required or recommended for higher education courses from sales taxes. Bill is identical to HB 891.
Status: Filed 2/23. Referred to Senate Education Committee, Senate Government Efficiency Appropriations Committee, and Senate Ways and Means Committee, 3/14. Education Committee hearing, 4/12. Education Committee recommended passage. Died in committee, 5/6.
Illinois
House Bill 3725
Waives state sales tax on required textbooks (leaves 1/25% municipal sales tax in place).
Waives state sales tax on required textbooks (leaves 1/25% municipal sales tax in place).
Status: Filed 2/24. Referred to House Revenue Committee. Motion to recommend passage to House fails. Referred back to House Rules Committee, 3/10.
House Bill 3745
Creates statewide textbook rental program for public higher ed institutions. Students would still be given option to buy textbooks from rental inventory at 20% to 40% discount off retail prices.
Creates statewide textbook rental program for public higher ed institutions. Students would still be given option to buy textbooks from rental inventory at 20% to 40% discount off retail prices.
Status: Filed 2/24. Referred to the House Higher Education Committee. Committee failed to meet reporting deadline. Referred back to Rules Committee, 3/10.
Kentucky
Kentucky's regular session adjourned 3/22.
BR 343
Requests a study of course materials pricing, to include publisher pricing policies; production costs; market competition and profit margins for publishers, distributors, and booksellers; effects of digital materials on book prices; relationship between distribution structures for new and used books; role of shorter revision cycles; adoption practices and the effect of marketing incentives. Concurrent resolution from both House and Senate.
Requests a study of course materials pricing, to include publisher pricing policies; production costs; market competition and profit margins for publishers, distributors, and booksellers; effects of digital materials on book prices; relationship between distribution structures for new and used books; role of shorter revision cycles; adoption practices and the effect of marketing incentives. Concurrent resolution from both House and Senate.
Status: Prefiled for 2006 session, 11/14.
Maryland
Maryland's regular session adjourned 4/11.
House Bill 70
Amended bill: Deletes exemption. Establishes the University Textbook Consortium within the University System of Maryland to enable institutions to get volume discounts on the purchase of textbooks. Participation in the consortium is voluntary.
Amended bill: Deletes exemption. Establishes the University Textbook Consortium within the University System of Maryland to enable institutions to get volume discounts on the purchase of textbooks. Participation in the consortium is voluntary.
Original bill: Exempts textbooks required for college courses from sales taxes. Department of Legislative Services determined general fund would lose $12 million in revenue in FY 2006.
Status: Filed 1/12. Referred to House Ways and Means Committee. Hearing held 1/20. Committee recommended passage of amended version, 3/7. Passed House 135-0, 3/10. Referred to Senate Committee on Education, Health, and Environmental Affairs. Public hearing held 3/30. Passed Senate 46-0, 4/4. Approved by governor, 5/10. Effective 7/1/05.
Massachusetts
House Bill 1262
Encourages colleges and faculty to reduce the cost of textbooks to students by picking less expensive materials, increasing access to used books, starting rentals. Requires textbook publishers to provide pricing information to faculty and sell bundled components separately.
Encourages colleges and faculty to reduce the cost of textbooks to students by picking less expensive materials, increasing access to used books, starting rentals. Requires textbook publishers to provide pricing information to faculty and sell bundled components separately.
Status: Referred to the Joint Committee on Higher Education, 1/26.
Michigan
Senate Resolution 24
Urges state school faculty to coordinate textbook selection to pressure publishers to make books more affordable; urges state institutions to explore group textbook purchasing.
Urges state school faculty to coordinate textbook selection to pressure publishers to make books more affordable; urges state institutions to explore group textbook purchasing.
Status: Referred to Senate Committee on Education, 4/20.
Nebraska
Nebraska's regular session adjourned 6/3.
Legislative Bill 556
Prohibits the University of Nebraska from providing credit or financial aid for the purchase of required textbooks and supplies at any on-campus university business without providing for the same credit or financial aid at off-campus non-university businesses.
Prohibits the University of Nebraska from providing credit or financial aid for the purchase of required textbooks and supplies at any on-campus university business without providing for the same credit or financial aid at off-campus non-university businesses.
Status: Filed 1/18. Referred to Legislative Committee on Education. Hearing, 3/14. Bill will be carried over to the next session.
New Jersey
Assembly Bill 4036
Authorizes public institutions to establish textbook rental programs if requested by the student government and if any existing contracts will permit. The rental program must be self-sustaining; average annual rental costs should not exceed 50% of the average annual retail purchase cost. The program can be disbanded with the student government's approval and cannot limit faculty in selecting course texts.
Authorizes public institutions to establish textbook rental programs if requested by the student government and if any existing contracts will permit. The rental program must be self-sustaining; average annual rental costs should not exceed 50% of the average annual retail purchase cost. The program can be disbanded with the student government's approval and cannot limit faculty in selecting course texts.
Status: Introduced 5/5. Referred to Assembly Education Committee.
Assembly Resolution 271
Urges publishers to package textbooks separately from additional instructional materials, disclose price differential between bundled and unbundled texts, and present new information in a separate supplement rather than issuing a new edition.
Urges publishers to package textbooks separately from additional instructional materials, disclose price differential between bundled and unbundled texts, and present new information in a separate supplement rather than issuing a new edition.
Status: Introduced 5/5. Referred to Assembly Education Committee.
New York
Assembly Bill 1214
Under the current sales tax exemption on college textbooks, expands the definition of "textbooks" to include supplementary books, manipulatives, art reproductions, maps, sheet music, manuals, almanacs, atlases, general dictionaries and encyclopedia, magazines, and newspapers.
Under the current sales tax exemption on college textbooks, expands the definition of "textbooks" to include supplementary books, manipulatives, art reproductions, maps, sheet music, manuals, almanacs, atlases, general dictionaries and encyclopedia, magazines, and newspapers.
Status: Filed 1/19. Referred to Assembly Committee on Education.
Assembly Bill 1951/Senate Bill 2381
Identical bills: Allows students or their parents to deduct textbook expenses on their state income tax form.
Identical bills: Allows students or their parents to deduct textbook expenses on their state income tax form.
Status: A1951 filed 1/24. Referred to Assembly Committee on Ways and Means. S2381 filed 2/14. Referred to Senate Committee on Investigations and Government Operations.
Assembly Bill 1965
Extends current sales tax exemption on textbooks to include any book recommended or required for college courses.
Extends current sales tax exemption on textbooks to include any book recommended or required for college courses.
Status: Filed 1/24. Referred to Assembly Committee on Ways and Means.
Assembly Bill 2270
Requires institutions to make booklists available to anyone on request 60 days before the term starts. Allows off-campus booksellers to obtain student mailing lists; advertise in campus media; and use campus charge accounts.
Requires institutions to make booklists available to anyone on request 60 days before the term starts. Allows off-campus booksellers to obtain student mailing lists; advertise in campus media; and use campus charge accounts.
Status: Filed 1/25. Referred to the Assembly Committee on Higher Education.
Assembly Bill 3877
Requires state and city universities to provide all booksellers, upon request, with lists of textbooks to be used for courses.
Requires state and city universities to provide all booksellers, upon request, with lists of textbooks to be used for courses.
Status: Introduced 2/7. Referred to the Assembly Committee on Higher Education.
Assembly Bill 4766
Requires state university of New York to form an academic review board to develop cost controls for sale of textbooks in campus bookstores, including: requiring publishers to justify new editions; sample copies provided only on request; price caps on reprinted editions.
Requires state university of New York to form an academic review board to develop cost controls for sale of textbooks in campus bookstores, including: requiring publishers to justify new editions; sample copies provided only on request; price caps on reprinted editions.
Status: Introduced 2/14. Referred to the Assembly Committee on Higher Education.
Assembly Bill 8355
Directs Department of Education to conduct a study of bundling practices and report back, with recommendations, to the legislature and governor by July 1, 2006.
Directs Department of Education to conduct a study of bundling practices and report back, with recommendations, to the legislature and governor by July 1, 2006.
Status: Filed, 5/18. Referred to the Assembly Committee on Higher Education. Referred to the Assembly Committee on Ways and Means, 6/21.
North Carolina
House Bill 1539/Senate Bill 758
Amends the Umstead Act to allow the University of North Carolina system (including its bookstores) to engage in business activities, provided they do not compete unfairly with private business. Also establishes a panel to deal with complaints of unfair competition.
Amends the Umstead Act to allow the University of North Carolina system (including its bookstores) to engage in business activities, provided they do not compete unfairly with private business. Also establishes a panel to deal with complaints of unfair competition.
Status: Filed, 4/20. Referred to House Committee on Commerce. Committee recommended passage. Passed House 113-6, 6/1. Referred to Senate Committee on Commerce, 6/6. Committee recommended passage. Passed Senate 49-1-0, 8/12. House concurred with minor amendments, 8/23. Approved by the governor, 9/14. Effective immediately.
Pennsylvania
House Bill 1842
Prohibits publishers and retailers from selling bundles unless texts are available individually as an option. Requires publishers to disclose to retailers or faculty that bundled editions are available individually; price differences between bundled and unbundled texts; how new editions differ from previous editions; and how long an edition will stay in print. Custom course materials are exempt from these requirements.
Prohibits publishers and retailers from selling bundles unless texts are available individually as an option. Requires publishers to disclose to retailers or faculty that bundled editions are available individually; price differences between bundled and unbundled texts; how new editions differ from previous editions; and how long an edition will stay in print. Custom course materials are exempt from these requirements.
Status: Filed 7/1. Referred to House Committee on Consumer Affairs.
Texas's regular session adjourned 5/30.
House Bill 257
Exempts textbooks required for college courses from sales taxes.
Exempts textbooks required for college courses from sales taxes.
Status: Prefiled 12/21. Referred to House Ways and Means Committee, 2/1.
House Bill 1184
Substitute bill: Requires faculty to seek permission from governing board if they want to adopt a new book in less than three years.
Substitute bill: Requires faculty to seek permission from governing board if they want to adopt a new book in less than three years.
Original bill: Encourages use of the same textbooks across core curriculum courses. Requires core courses to use same editions for three years.
Status: Filed 2/16. Referred to House Higher Education Committee, 2/17. Hearing held 4/25. Amendments were considered but not passed. Bill left pending in committee, 4/25. Second public hearing, 5/9. Committee recommended passage of substitute bill, 5/9.
House Bill 54/Senate Bill 72
Both bills are identical to SB 222 (temporary sales tax exemption for textbooks).
Both bills are identical to SB 222 (temporary sales tax exemption for textbooks).
Status: HB 54 introduced 6/27 (during first called session); referred to House Ways and Means Committee. SB 72 introduced 7/6; referred to Senate Committee on Finance.
Senate Bill 222
Exempts college textbooks from sales taxes when purchased between the second Friday and the second following Sunday of August and January.
Exempts college textbooks from sales taxes when purchased between the second Friday and the second following Sunday of August and January.
Status: Filed 1/21. Public hearings, 3/31 and 5/12. Senate Finance Committee recommended passage, 5/16.
Senate Bill 1716
Amendment: Clarifies that bill does not affect the terms of a contract in place as of bill's effective date.
Amendment: Clarifies that bill does not affect the terms of a contract in place as of bill's effective date.
Substitute bill: New language tones down original requirements. Web posting requirement eliminated, but schools must still share adoption lists on request. Off-campus sellers must be allowed to participate in informational programs, but only if there's space. Institutions could set up alternates to student credit accounts for off-campus use.
Original bill: Requires higher education institutions to post booklists on web at least 45 days before each term. Also requires schools to permit off-campus booksellers the same access to student orientation, buyback programs, student credit accounts, etc., as on-campus sellers.
Status: Filed 3/11. Referred to Senate Committee on Education (Subcommittee on Higher Education), 3/30. Subcommittee recommended passage, 4/12. Hearing held 4/21. Committee recommended passage of substitute bill, 4/25. Passed 31-0 in Senate, 5/2. Referred to House Committee on Higher Education, 5/5. Public hearing, 5/19 (no action taken).
Utah's regular session adjourned 3/2.
House Bill 220
Exempts textbooks required for college courses from sales taxes. Office of the Legislative Fiscal Analyst estimates a loss of state and local tax revenue of about $3.4 million in 2006, if passed.
Exempts textbooks required for college courses from sales taxes. Office of the Legislative Fiscal Analyst estimates a loss of state and local tax revenue of about $3.4 million in 2006, if passed.
Status: Filed 1/21. Referred to the House Revenue and Taxation Committee. Committee voted 8-6 to recommend passage, 2/1. House passed 39-36. Referred to Senate Committee on Revenue and Taxation. Committee returned bill without review, 2/23. Enacting clause struck, 3/2. Bill is considered dead.
Vermont
Vermont's regular session adjourned 6/4.
Senate Bill 100
Exempts textbooks sold at college bookstores from sales taxes.
Exempts textbooks sold at college bookstores from sales taxes.
Status: Filed 2/16. Referred to the Senate Finance Committee.
Virginia
Virginia's regular session adjourned 4/6.
House Joint Resolution 668
Substitute bill: Omits a number of specific requirements for the study, including a review of campus bookstores.
Substitute bill: Omits a number of specific requirements for the study, including a review of campus bookstores.
Original bill: Directs SCHEV to conduct a broad study of college textbook costs and purchasing practices and devise recommendations for improvements and disseminating best practices, with a goal of reducing costs to students.
Status: Prefiled 1/11. Referred to House Committee on Rules. Referred to House Committee on Education, Higher Education Subcommittee. Subcommittee recommended passage of substitute bill, 2/4. House passed 96-0, 2/5. Referred to Senate Committee on Education and Health. Committee recommended passage (with statistics corrected in the introduction), 2/18. Senate passed on voice vote, 2/24.
House Bill 1726 (Textbook Market Fairness Act)
Substitute bill: Bans faculty at public institutions from accepting compensation for adopting textbooks. Directs schools to post booklists online, including ISBNs.
Substitute bill: Bans faculty at public institutions from accepting compensation for adopting textbooks. Directs schools to post booklists online, including ISBNs.
Original bill: Instructs State Council of Higher Education (SCHEV) to create guidelines to prohibit textbook publishers from providing financial incentives to faculty to adopt their textbooks. Directs SCHEV to set guidelines to ensure institutions post booklists on the web.
Status: Prefiled 12/30. Referred to House Committee on Education, Higher Education Subcommittee. Subcommittee voted 22-0 to recommend passage of substitute bill, 2/2. House passed 96-0, 2/5. Referred to Senate Committee on Education and Health. Senate passed 40-0, 2/22. Approved by governor, 3/22. Effective 7/1/05.
House Bill 2466
Extends current sales tax exemption on college textbooks to books purchased for classes at for-profit institutions. Department of Taxation estimates loss of $341,000 in state and local revenue (2006 figures), if passed.
Extends current sales tax exemption on college textbooks to books purchased for classes at for-profit institutions. Department of Taxation estimates loss of $341,000 in state and local revenue (2006 figures), if passed.
Status: Prefiled 1/12. Referred to House Committee on Finance. Committee voted 14-6 to recommend passage, 1/31. House passed 84-10, 2/4. Referred to Senate Committee on Finance. Left in committee, 2/17.
West Virginia
West Virginia's regular session adjourned 4/9.
House Bill 2606
Prohibits state institutions from requiring students to purchase textbook bundles and mandates all course materials must be available for individual purchase.
Prohibits state institutions from requiring students to purchase textbook bundles and mandates all course materials must be available for individual purchase.
Status: Filed 2/23. Referred to the House Committee on Education and House Committee on Judiciary.
House Bill 3163
Substitute bill: Adds provision banning faculty-written book from adoption if book contains worksheets intended for removal.
Substitute bill: Adds provision banning faculty-written book from adoption if book contains worksheets intended for removal.
Original bill: Combines provisions of HB 2606 and SB 674. Adds requirement that booklists must be posted in campus bookstores.
Status: Filed 3/23. Referred to House Committee on Education. Committee recommended passage of substitute bill, 3/25. Tabled by House on third reading, 4/1.
Senate Bill 674
Amended bill: Clarifies that a book should be posted online when adoption process is done and store intends to order it.
Amended bill: Clarifies that a book should be posted online when adoption process is done and store intends to order it.
Original bill: Bans employees at public institutions from accepting compensation for adopting textbooks. Directs schools to post booklists online, including ISBNs.
Status: Filed 3/21. Referred to Senate Committee on Education. Passed by Senate, 3/28. Referred to House Committee on Education, 3/29. Passed by House, 4/8. Approved by governor, 5/2. Effective 7/8/05.
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