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

                                  1178

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. KELLNER, MILLER, MAISEL, GUNTHER, CAMARA, MILL-
  MAN, JACOBS, ROBINSON, LAVINE, DenDEKKER, ROBERTS, GIBSON,  HOOPER  --
  Multi-Sponsored by -- M. of A.  ARROYO, McLAUGHLIN, MONTESANO, TEDISCO
  -- read once and referred to the Committee on Higher Education

AN  ACT  to  amend  the  education  law,  in relation to authorizing the
  regents of the university of the state of New York to  create  a  task
  force  to review the issues of textbooks' cost and ways to enhance the
  academic role and  delivery  of  course  materials,  ensuring  student
  affordability through such approaches as used books, textbook rentals,
  custom materials, the use of open access textbooks, digital textbooks,
  print  on  demand  technologies,  and  through  greater  collaboration
  between faculty, publishers, college bookstores and libraries

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

  Section 1. The education law is amended by adding a new section 725 to
read as follows:
  S  725.  FORMATION OF TASK FORCE. 1.  THE REGENTS OF THE UNIVERSITY OF
THE STATE OF NEW YORK ARE HEREBY AUTHORIZED AND DIRECTED TO  IMMEDIATELY
TAKE  ALL  ACTIONS  TO CREATE A TASK FORCE TO REVIEW THE ISSUES OF TEXT-
BOOKS' COST AND DELIVERY METHODS. THE TASK FORCE WILL CONSIST  OF  THIR-
TEEN  REPRESENTATIVES  WHO SHALL BE SELECTED AMONG FACULTY AND REPRESEN-
TATIVES FROM THE STATE UNIVERSITY OF NEW YORK, CITY  UNIVERSITY  OF  NEW
YORK,  PRIVATE  COLLEGES  WITHIN  NEW YORK STATE, AND CAMPUS BOOKSTORES.
APPOINTMENTS TO THE TASK FORCE SHALL BE MADE BY THE COMMISSIONER OF  THE
NEW  YORK  STATE  EDUCATION DEPARTMENT AFTER CONSULTATION WITH THE STATE
UNIVERSITY OF NEW YORK, CITY UNIVERSITY OF NEW  YORK,  PRIVATE  COLLEGES
AND  CAMPUS BOOKSTORES WITHIN NEW YORK STATE. REPRESENTATIVES SERVING ON
THE TASK FORCE FROM THE COLLEGES SHALL INCLUDE PROFESSIONAL STAFF PERSON
KNOWLEDGEABLE ABOUT TEXTBOOK INITIATIVES CURRENTLY BEING PURSUED BY  THE
UNIVERSITY AND FACULTY MEMBERS. THE GOALS OF THE REPRESENTATIVES WILL BE

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

                                                           LBD01887-01-3

A. 1178                             2

TO  ADVISE  ON  AND  EXPLORE  ISSUES OF COURSE MATERIAL COSTS AND WAY TO
ENHANCE THE ACADEMIC ROLE AND SERVICES OF  COLLEGE  BOOKSTORES  TO  HELP
MAKE  COURSE  MATERIALS  MORE AFFORDABLE THROUGH SUCH APPROACHES AS USED
BOOKS,  TEXTBOOK RENTALS, CUSTOM MATERIALS, THE USE OF OPEN ACCESS TEXT-
BOOKS, DIGITAL TEXTBOOKS, PRINT  ON  DEMAND  TECHNOLOGIES,  AND  THROUGH
GREATER COLLABORATION BETWEEN COLLEGE BOOKSTORES AND LIBRARIES.
  2. THE TASK FORCE SHALL REPORT NOT LATER THAN JANUARY FIRST, TWO THOU-
SAND FOURTEEN TO THE BOARD OF REGENTS, THE GOVERNOR AND THE LEGISLATURE,
ON  THEIR  RECOMMENDATIONS  ON  ENHANCING  ACCESS TO TEXTBOOKS AND THEIR
COSTS AND METHOD OF DELIVERY, WHICH SHALL INCLUDE, BUT  NOT  BE  LIMITED
TO:
  A.  SUPPORTING  EFFICIENT  USED BOOK, BUYBACK AND STUDENT PEER TO PEER
SALES;
  B. WAYS TO EXPAND AND ENHANCE TEXTBOOK RENTAL PROGRAMS;
  C. WAYS TO PROMOTE THE GREATER DEVELOPMENT, ADOPTION, DEPLOYMENT,  AND
USE  OF  OPEN  ACCESS  TEXTBOOKS  IN  BOTH DIGITAL AND PRINT FORMATS FOR
STUDENTS AND FACULTY IN FISCALLY SUSTAINABLE WAYS;
  D. HOW TO INCREASE THE AVAILABILITY AND USE OF DIGITAL  TEXTBOOKS  AND
LEARNING OBJECTS FOR FACULTY AND STUDENTS;
  E.  HOW  THE  USE  OF ADVANCE PRINT ON DEMAND TECHNOLOGIES CAN PROVIDE
STUDENTS MORE CHOICES AND LOWER THE COST OF COURSE MATERIALS;
  F. WAYS IN WHICH THE COST OF COMMERCIAL DIGITAL CONTENT COULD BE  MADE
MORE AFFORDABLE;
  G.  HOW  COLLABORATION BETWEEN TEXTBOOK PUBLISHERS, COLLEGE BOOKSTORES
AND LIBRARIES CAN INCREASE CONTENT CHOICES FOR FACULTY AND ENHANCE  COST
SAVINGS  FOR  STUDENTS, WHILE IMPROVING EFFICIENCIES AND REDUCING DUPLI-
CATION AT LIBRARIES AND BOOKSTORES THROUGH THE REVIEW OF PRIMARY  SOURCE
CONTENT  COLLECTIONS,  SUBSCRIPTIONS,  COURSE  PACKAGES, E-RESERVES, AND
COPYRIGHT;
  H. WHAT GUIDELINES SHOULD EXIST, IF ANY, FOR FACULTY WHO MAY  WISH  TO
EXPLORE  ALTERNATIVES  TO  TRADITIONAL TEXTBOOKS THROUGH THE USE OF OPEN
ACCESS, PRINT ON DEMAND, DIGITAL, AND OTHER CONTENT AND FORMATS;
  I. OTHER APPROACHES TO  MAKE  COURSE  MATERIALS  MORE  AFFORDABLE  FOR
STUDENTS; AND
  J.  AN  EVALUATION  OF  EACH RECOMMENDATION AS IT RELATES TO THE LEGAL
MANDATE OF PROVIDING FULL AND EQUAL ACCESS TO  STUDENTS  WITH  DISABILI-
TIES.
  3.  THE  TRUSTEES  SHALL MAKE AVAILABLE TO THE ADVISORY COMMITTEE SUCH
INFORMATION AND ASSISTANCE AS MAY BE NECESSARY TO  ENABLE  THE  ADVISORY
COMMITTEE TO CARRY OUT ITS FUNCTIONS.
  S 2. This act shall take effect immediately.