State Bills 2009

State Bill Tracking 2009
State	Bill Number	Bill Sponsor	Short Title	Introduced	Status	Description	Topics
Alabama	HB169	Representative Grimes		2/3/2009	Referred to Education Appropriations	Institutions must implement a procedure to post lists of required course material including ISBN and other relevant information, faculty must affirm their intent to use all course materials and in the case of a bundle must notify the bookstore if he does not intend to use all components so that the store shall order the individual piece. faculty must acknowledge the retail price to the bookstore and are encouraged to limit their use of new editions. The Alabama Department of higher education and the Chancellor of Postsecondary Education shall create a College Textbook Review Board to establish guidelines to create cost control policies, recommendations from surveys, recommendations from publishers on lower cost alternatives. Authorize the review board to establish a maximum acceptable percentage cost increase of new editions without substantial content changes.	book lists, ISBN posting, price disclosure, textbook review board
Arkansas	SB777	Senator Madison		3/3/2009	Withdrawn	Institutions must allow private stores to advertise and have access to students.	bookstore competition
Arkansas	SB899	Senator Madison		3/9/2009	Withdrawn	Prohibits the use of some custom textbooks	custom textbooks
Arkansas	SB900	Senator Madison		3/10/2009	Withdrawn	Prohibits faculty from using textbooks or course materials once.	single use textbook
Arkansas	SB931	Senator Madison		3/11/2009	Withdrawn	Faculty must acknowledge that they will use all bundled components and that some items may not be reused.	bundles
Arkansas	SB929	Senator Madison		3/12/2009	Withdrawn	State supported institutions must post faculty adoptions two hours after they have received them and post them at the bookstore. If there is a change of instructor within four weeks of the start of the semester, there should be no change in the book list and any changes to the booklist must be at the instructor's expense. in the event of any changes private bookstores must be notified of the change.	textbook information posting
Arkansas	SB930	Senator Madison		3/13/2009	Withdrawn	Institutions must report net costs of textbooks and course materials to the state Board of Education no later than eleven days after the start of the semester for classes that have an enrollment of at least 50 students.	information reporting
Arkansas	SB865	Senator Madison		3/9/2009	Withdrawn	Allows financial aid to be used at any textbook retailer that collects state sales tax.	financial aid dispursment
California	SB388	Senator Caldaron			Amended, Passed out of committee	Requires publishers to make the price of the textbooks or supplemental materials available on its Internet Web site, to charge no more than the price shown on its Internet Web site on the date that an order is received, and if the price is otherwise changed, to include the amount of the change and the date of the change on its Internet Web site. The bill would also require a publisher to provide bundled textbooks and supplemental material separately. The bill would require the campus bookstore to make the textbook or supplemental material available for sale at a price not exceeding an amount that is 20% greater than the price quoted by the publisher.
California	SB216	Senator Liu		2/23/2009	Amended, Senate Education Committee Hearing 4/22/09	Changes the wording of one line from AB 2477. It drops “urges” in favor of “encourages” and adds “at a minimum”.
California	SB386	Senator Runner		2/27/2009	Introduced	A faculty member at a CSU or Community College who adopts a new edition of a textbook, within three years after the adoption of a previous edition of that textbook, shall justify the adoption by performing a cost-benefit analysis as described in the bill. The bill encourages UC to adopt the same policy.
California	SJR2	Senator Liu		2/25/2009	Introduced	Joint resolution thanking the US Congress for including textbooks in the Stimulus bill under the section titled “American Opportunity Tax Credit’. This credit will permit students to recover much of the costs of textbooks beginning in the 2009 tax year by filing a US Tax return
California	AB317	Assemblyman Solario				intends to express the intent of the Legislature to enact legislation that will make textbooks more affordable for California college students.
California	SB48	Senator Alquist		1/12/2009	Passed out of committee	Reiterates existing law concerning information disclosure, policies on bundling, price disclosure and royalties. The bill expresses legislative intent to enact laws regarding textbook affordability and promotion and use of online textbooks.	online textbooks
Illinois	HB461	Representative Jakobsson		2/9/2009	Assigned to Higher Education Committee	Publishers of college textbooks shall disclose, at that time and in writing, to the faculty member or, if applicable, the other adopting entity in charge of selecting textbooks for courses taught at a public institution of higher education the copyright dates of the three previous editions of the textbook, if any; a description of the substantial content changes made between the current edition of the textbook or supplemental materials and the previous edition, if any; and the existence and price of alternative formats of the textbook or supplemental materials. Provides that publishers of college textbooks are required to offer all bundled textbooks for sale as individual unbundled textbooks and supplemental materials.	Publishers, bundles, price disclosure
Iowa	HF230	Representatives Pettengill and Berry		2/9/2009	Introduced	Exempts textbooks from sales tax	tax exemption
Kentucky	HB226	Representative Rollins et. Al.		2/3/2009	Introduced; Amended to remove the faculty penalties, Reported favorably on second reading reported to Rules 2/25/2009	Each institution shall establish a deadline for faculty adoptions. Retail price and ISBN shall be public ally posted for all courses within the undergraduate course schedule. Faculty who do not comply will face penalties. Publishers must make all bundles available unbundled except for integrated course materials. Publishers must also publish substantial content revisions between new editions.	ISBN posting, faculty deadlines, unbundling
Maryland	HB85 and SB183	Delegates Rice et. Al. and Senator Pinsky et. Al.		1/19/2009	Introduced; Hearing 2/4/09; Hearing Scheduled 2/17/09; Bill to be heard on the floor 2/20/09; Reported out of committee with amendments, Senate tabled until 2/25/09 passed house and senate awaiting Governor's signature	requires institutions of higher education to implement an informational campaign to make faculty aware of textbook related issues including price, content revisions and fiscal impact on students, best practices process for faculty, early adoption and maximum usage of used books. Ensures that the majority of assigned material will be used, that faculty are aware of various outlets for the supply of textbooks. faculty shall acknowledge the cost of new selections. Publishers shall disclose in writing the price at which the textbook would be avaiable to the bookstore and public, all identifying information for current and previous editions, other formats, variances in price between the bundled and unbundled textbook. An institution shall make the information avaiable to students and the public by posting on its website earlier than either a week following provision of the information or when a campus bookstore places its final order, on request of a bookstore if an institution allows a campus bookstore to advertise or access students or prospective students the institution shall allow other bookstores to have the same access. The bill also requires the Maryland Public Institutions to complete a data driven analysis of textbook prices and a report in 2010. Additionally this bill includes provisions to establish rental programs and a digital margetplace and digital rights management capabilities.
Maryland	SB374	Senators Currie, et. Al.		1/30/2009	assigned to Education Health and Environmental Affairs; Hearing 2/4/09	requires institutions of higher education to implement an informational campaign to make faculty aware of textbook related issues including price, content revisions and fiscal impact on students, best practices process for faculty, early adoption and maximum usage of used books. Ensures that the majority of assigned material will be used, that faculty are aware of various outlets for the supply of textbooks. faculty shall acknowledge the cost of new selections. Publishers shall disclose in writing the price at which the textbook would be avaiable to the bookstore and public, all identifying information for current and previous editions, other formats, variances in price between the bundled and unbundled textbook. An institution shall make the information avaiable to students and the public by posting on its website earlier than either a week following provision of the information or when a campus bookstore places its final order, on request of a bookstore if an institution allows a campus bookstore to advertise or access students or prospective students the institution shall allow other bookstores to have the same access. The bill also requires the Maryland Public Institutions to complete a data driven analysis of textbook prices and a report in 2010. Additionally this bill includes provisions to establish rental programs and a digital margetplace and digital rights management capabilities.	requires institutions of higher education to implement an informational campaign to make faculty aware of textbook related issues including price, content revisions and fiscal impact on students, best practices process for faculty, early adoption and maximum usage of used books. Ensures that the majority of assigned material will be used, that faculty are aware of various outlets for the supply of textbooks. faculty shall acknowledge the cost of new selections. Publishers shall disclose in writing the price at which the textbook would be avaiable to the bookstore and public, all identifying information for current and previous editions, other formats, variances in price between the bundled and unbundled textbook. An institution shall make the information avaiable to students and the public by posting on its website earlier than either a week following provision of the information or when a campus bookstore places its final order, on request of a bookstore if an institution allows a campus bookstore to advertise or access students or prospective students the institution shall allow other bookstores to have the same access. The bill also requires the Maryland Public Institutions to complete a data driven analysis of textbook prices and a report in 2010. Additionally this bill includes provisions to establish rental programs and a digital margetplace and digital rights management capabilities.
Mississippi	SB2444	Senator Wilemon		1/12/2009	Referred to Committee on Universities and Colleges; Died in Committee	Requires publishers to disclose price information revisions and return policies. Faculty must provide timely orders to the bookstores so that the faculty is aware of price, format and revisions. Boards of Trustees must develop materials and inform students and faculty about ways to lower the cost of textbooks. This bill also authorizes the establishment of a pilot textbook rental program.	bookstores, publishers, price disclosure, information disclosure
Mississippi	HB265	Representative Bounds		1/6/2009	Referred to Ways and Means	Provides a tax credit for a portion of the cost of college textbooks.	tax credits
Nebraska	LB127	Senator Avery		1/9/2009	Referred to Revenue Committee	Exempts college textbooks and certain clothing, school supplies and computers from sales and use taxes.	tax exemption
New York	A564	Assemblyman Cahill		1/7/2009	Prefiled, Referred to Higher Education Committee this bill has been introduced in previous sessions since 2005	The bill would create an Academic Advisory Board at SUNY to review textbooks and also enact cost control measures by using the buying power of the state university system.	state purchasing
New York	A1610	Assemblyman Zebrowski		1/8/2009	Referred to Ways and Means	Provides a deduction in determining personal income tax for the cost of textbooks at New York private or public college or university by a taxpayer or such taxpayer's eligible dependent; defines "eligible dependent" and "qualified education expenses".	tax deduction
New York	A1367	Assemblyman Englebright		1/7/2009	Prefiled	Requires institutions of higher education to publish a list of all courses offered to include the instructor, instructional materials needed or recommended, and expected number of students to be enrolled; requires such institutions to provide information on instructional materials to bookstores, other than those operated by the institution and provide equal access to students; requires institutions of higher education to adopt and publish a policy for complying with such provisions.	bookstore competition
New York	A3280	Assemblyman Englebright		1/23/2009	Referred to Higher Education, this bill has been reintroduced from previous sessions	Amends law to require public institutions to make textbook lists available to any book seller.	bookstore competition
New York	A2794	Assemblyman Fitzpatrick		1/21/2009	Referred to Ways and Means	Establishes a tax credit for full-time students for textbooks and laptops not exceeding $1000.	tax credits
Pennsylvania	SB929	Senator Dinnamin		6/5/2009	Refered to Education, passed out of committee 6/23/09 on Senate Calendar	Similar to HEOA requirements on publishers, there is also encouragement language for faculty to reduce the cost of textbooks and to consider other formats including open textbooks also requires institutions to create textbook advisory committees.	similar to HEOA, open textbooks, publisher price transparency, textbook advisory committees
Pennsylvania	HB1286	Representative Preston		4/16/2009	Introduced 4/16/09, Referred to Education Committee	Similar to HEOA requirements on publishers, there is also encouragement language for faculty to reduce the cost of textbooks and to consider other formats including open textbooks	similar to HEOA, open textbooks
Rhode Island	HB5853	Representative Sullivan		2/26/2009	Committee recommended bill be held for further study	Requires publishers to provide information regarding products offered amd wholesale price.	publishers, price disclosure
Texas	SB215	Senator Van de Putte		11/10/2008	Heard in Committee recommended passage	Institutions of higher education must provide lists of required course materials to independent bookstores, must allow these bookstores equal participation in credit programs and allow them access to students and marketing programs on campus. This bill only applies to leased stores and not stores that are owned and operated by the institution.	bookstore competition
Texas	SB145	Senator Ellis		11/11/2008	Prefiled	Publishers who sell textbook bundles, shall sell bundled components separately and price the individual pieces so that the total cost equals the cost of the bundle. The Texas Higher Education Coordinating Board would also have the power to penalize publishers who break the law.	publishers, bundles
Texas	HB20	Representative Raymond		11/12/2008	Heard in committee 4/20/09	Exempts Textbooks bought by a full or part-time student or are required for courses at an institution of higher education. Students would identify themselves with a student identification card.	tax exemption
Texas	SB454	Senator Shapiro		1/12/2009	In committee hearing 4/22/09	Requires that institutions include textbook information within the course schedule including the retail price, author, publisher, copyright date and ISBN. Also requires institutions to establish deadlines for faculty submissions and requires all the information to be available 30 days before the beginning of the term. This bill also requires publishers to provide information to faculty including the price the publisher would make the book available to the bookstore, a history of revisions, copyright dates, supplemental material and alternative formats. The bill also addresses textbook bundles and requires publishers to offer the same material unbundled. This bill also includes an administrative penalty for non-compliance.	textbook affordability, similar to HEOA, bookstores, publishers, ISBN, bundles
Texas	HB1096	Representative Vo		2/6/2009	Passed House and Senate	Requires the Texas higher education Coordinating board to prescribe procedures by which each institution shall provide students with a notice regarding the availability of textbooks through retailers other than university-affiliated bookstores during the first three weeks of each semester or the first week of the summer term.	Bookstore competition
Texas	HB1733	Representative Vo		2/24/2009	Filed	Relating to prohibiting inducements to employees of a public institution of higher education for requiring or recommending textbooks or instructional materials.	employee inducements
Texas	HB1803	Representative Bohac		2/25/2009	Filed	Relating to exempting textbooks for university and college courses from the sales tax.	Tax Exemption
Texas	HB1099	Representative Vo		2/6/2009	Introduced	Requires publishers provide faculty with information concerning the price the publisher will make the textbook available to the bookstore, a history of any substantive changes, copyright dates and alternative formats. Also requires publishers to offer bundled materials as separate unbundled items.	price disclosure, publishers, unbundling
Texas	HB2488	Representative Hochberg		3/5/2009	Passed House and Senate	Calls for the use of Open-Source textbook for public schools and calls on Open source textbooks that are compiled at Higher Education Institutions that are primarily resrach institutions be used when compiled by faculty at these institutions.	open source, k-12, research institutions
Texas	HB3283	Representative Rose		3/11/2009	Referred to Higher Education	Requires institutions to post book information including retail price with a course schedule,publishers must provide faculty with price and format information. Also calls for a study of textbook affordability.	textbook affordability, similar to HEOA, bookstores, publishers, ISBN, study
Washington	HB1025	Representative Armstrong		12/8/2008	Prefiled, this bill was also introduced in the 2008 session and did not pass. Committee Hearing 2/20/09	Bookstores that are affiliated with the public colleges and universities has to provide unbundled options and disclose price, retail price, title author, ISBN, edition and other book information four weeks before the start of class.	bookstores, publishers, price disclosure, information disclosure
Washington	HB1946	Representative Carlyle, et. Al.		2/3/2009	Referred to higher Education; Hearing on bill 2/18/09 heard amendments regarding faculty representation on task force	All institutions of higher education shall use common online learning technologies. The k-20 educational network board shall convene a higher education technology transformation task force. The task force shall develop a plan and investigate online learning technologies and services including sharing library resources and open licensing options for sharing digital content.	requires institutions of higher education to implement an informational campaign to make faculty aware of textbook related issues including price, content revisions and fiscal impact on students, best practices process for faculty, early adoption and maximum usage of used books. Ensures that the majority of assigned material will be used, that faculty are aware of various outlets for the supply of textbooks. faculty shall acknowledge the cost of new selections. Publishers shall disclose in writing the price at which the textbook would be avaiable to the bookstore and public, all identifying information for current and previous editions, other formats, variances in price between the bundled and unbundled textbook. An institution shall make the information avaiable to students and the public by posting on its website earlier than either a week following provision of the information or when a campus bookstore places its final order, on request of a bookstore if an institution allows a campus bookstore to advertise or access students or prospective students the institution shall allow other bookstores to have the same access. The bill also requires the Maryland Public Institutions to complete a data driven analysis of textbook prices and a report in 2010. Additionally this bill includes provisions to establish rental programs and a digital margetplace and digital rights management capabilities.
Washington	SB5778	Senator Oemig		2/2/2009	Passed out of Higher Education Committee with amendments, refered to Rules Committee	Bookstores that are affiliated with the public colleges and universities has to provide unbundled options and disclose price, retail price, title author, ISBN, edition and other book information four weeks before the start of class.	bookstores, publishers, price disclosure, information disclosure