S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   557

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to authorize the trustees of the state university of New York and
  of the city university of New York to create  academic  review  boards
  for  the  review  of  textbooks  sold,  purchased or used for academic
  purposes at all institutions of higher education

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The trustees of the state university of New York are hereby
authorized  and  directed  to  immediately take all actions to create an
academic review board, to consist of twelve  members  of  the  full-time
faculty  of  the  various  institutions of higher education, whose goals
shall be to serve as an interface between the  publishing  industry  and
the management of the independent bookstores and to explore the issue of
textbook  costs  at  all  institutions  of  higher education providing a
course of study leading to the  granting  of  a  post-secondary  degree,
certificate  or  diploma.  Such trustees working in conjunction with the
academic review board shall establish  all  necessary  rules  and  regu-
lations,  not later than October 1, 2011, to implement the provisions of
this act which shall include, but not be limited to:
  1. establishing guidelines for the academic review board in which such
board will create and mandate cost control policies  for  the  sale  and
purchase  of  all textbooks in independent bookstores on all campuses of
institutions of higher education. Such guidelines shall include, but not
be limited to recommendations:
  (a) from the trustees of the state university of New York  determining
the disciplines under the jurisdiction of the academic review board;
  (b)  from  questionnaires, created by the academic review board, which
are circulated by such board within institutions  of  higher  education;
and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04694-01-1

S. 557                              2

  (c)  from members of the publishing industry advising alternative less
expensive ways of producing textbooks;
  2.  authorizing the academic review board to require that all publish-
ing companies planning to introduce a new edition of an  existing  text-
book  shall  first justify, based on academic review board criteria, the
necessity of a new edition prior to  such  new  textbook  edition  being
sold,  purchased,  or  used  for academic purposes by any institution of
higher education;
  3. authorizing the academic review board to establish a ceiling for an
acceptable percentage increase on the cost of  the  same  edition  of  a
textbook  which  is  being reprinted with no changes to the actual text;
and
  4. requiring that all publishers selling  textbooks  to  be  used  for
academic purposes at all institutions of higher education mail marketing
brochures  promoting  such textbooks to instructors or professors at all
institutions of higher education.  Complimentary copies of actual  text-
books,  including  but  not  limited  to instructor's editions or review
copies, shall not, under any circumstances, be sent to any such instruc-
tor or professor unless such instructor or  professor  has  specifically
made such a request.
  S  2.  The  trustees  of  the  city  university of New York are hereby
authorized and directed to immediately take all  actions  to  create  an
academic  review  board,  to  consist of twelve members of the full-time
faculty of the various institutions of  higher  education,  whose  goals
shall  be  to  serve as an interface between the publishing industry and
the management of the independent bookstores and to explore the issue of
textbook costs at all  institutions  of  higher  education  providing  a
course  of  study  leading  to  the granting of a post-secondary degree,
certificate or diploma. Such trustees working in  conjunction  with  the
academic  review  board  shall  establish  all necessary rules and regu-
lations, not later than October 1, 2011, to implement the provisions  of
this act which shall include, but not be limited to:
  1. establishing guidelines for the academic review board in which such
board  will  create  and  mandate cost control policies for the sale and
purchase of all textbooks in independent bookstores on  all  centers  of
instruction  of  institutions of higher education. Such guidelines shall
include, but not be limited to recommendations:
  (a) from the trustees of the city university of New  York  determining
the disciplines under the jurisdiction of the academic review board;
  (b)  from  questionnaires, created by the academic review board, which
are circulated by such board within institutions  of  higher  education;
and
  (c)  from members of the publishing industry advising alternative less
expensive ways of producing textbooks;
  2. authorizing the academic review board to require that all  publish-
ing  companies  planning to introduce a new edition of an existing text-
book shall first justify, based on academic review board  criteria,  the
necessity  of  a  new  edition  prior to such new textbook edition being
sold, purchased, or used for academic purposes  by  any  institution  of
higher education;
  3. authorizing the academic review board to establish a ceiling for an
acceptable  percentage  increase  on  the  cost of the same edition of a
textbook which is being reprinted with no changes to  the  actual  text;
and
  4.  requiring  that  all  publishers  selling textbooks to be used for
academic purposes at all institutions of higher education mail marketing

S. 557                              3

brochures promoting such textbooks to instructors or professors  at  all
institutions  of higher education.  Complimentary copies of actual text-
books, including but not limited  to  instructor's  editions  or  review
copies, shall not, under any circumstances, be sent to any such instruc-
tor  or  professor  unless such instructor or professor has specifically
made such a request.
  S 3. This act shall take effect immediately.