HB3288ham001 95TH GENERAL ASSEMBLY

Rep. Sandra M. Pihos

Filed: 4/17/2007

09500HB3288ham001 LRB095 06749 NHT 35002 a

AMENDMENT TO HOUSE BILL 3288

AMENDMENT NO. ______. Amend House Bill 3288 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Textbook Consumer Information Act.

Section 5. Purpose. It is in the interest of the State of Illinois to reduce financial barriers and thereby increase access to higher education for all capable students. The purpose of this Act is to ensure that students have the timely and complete information that they need in order to make informed decisions when purchasing textbooks and other required or suggested materials to further their higher education goals.

Section 10. Definitions. In this Act:

"Institution" means a public institution of higher education that is included in the definition of "public institutions of higher education" under the Board of Higher Education Act.

"Off-campus college bookstore" means a bookstore that is not operated by or on behalf of the public institution of higher education, but sells or offers to sell textbooks and supplemental materials to students and has a physical presence on or near the institution's campus.

"On-campus college bookstore" means a bookstore, whether operated by or on behalf of the public institution of higher education, that sells or offers to sell textbooks and supplemental materials to students of the public institution of higher education and that has a physical presence on or near the institution's campus.

Section 15. Requirements of textbook publishers. When contacting prospective clients, each publisher of college textbooks shall disclose the following to the faculty member or, where applicable, the other entity in charge of selecting textbooks for courses taught at an institution:

(1) the price at which the publisher would make the textbooks and, if applicable, supplementary learning materials available to the on-campus college bookstore; and

(2) the history of revisions for textbooks, if any. If supplemental items are available, the publisher's disclosure must include the supplements' prices if sold individually versus their prices if sold packaged with a textbook (i.e., bundled), where bundling is available.

Section 20. Requirements of faculty. Any faculty member or entity in charge of selecting textbooks and supplemental materials for courses taught at an institution shall clearly identify to the on-campus college bookstore all textbooks and supplemental materials required and recommended for use for each course and the earliest edition of any required textbook that may be purchased by a student for that course in a manner consistent with the adoption process established by the on-campus college bookstore. Nothing in this Act is intended to alter, impair, or revise the current process by which off-campus college bookstores obtain the identity of textbooks and supplemental materials that have been required or recommended for use for each course in a timely manner.

Section 25. Requirements of bookstores. The on-campus and off-campus college bookstore, if any, must, with reasonable expediency after the information becomes available, disclose on a per course basis all textbooks and supplementary learning materials that are required for courses taught during each term. The disclosure shall include the title, author, and International Standard Book Number (ISBN) for each textbook and the new and used retail prices, so long as disclosure of the International Standard Book Number (ISBN) does not conflict with or impair the contractual rights of a private third party that operates the on-campus college bookstore on behalf of the institution.

Section 30. Requirements of institutions. An institution with a textbook rental program is excluded from the requirements of this Act, except that the institution must comply with this Section with respect to those textbook and supplementary course materials not included in the textbook rental program. An institution must publish on the institution's Internet website or at other appropriate venues the title, author, International Standard Book Number (ISBN), and retail price of new and used textbooks within reasonable expediency after the information becomes available.

Section 99. Effective date. This Act takes effect upon becoming law.".