Higher Education Committee
Filed: 3/12/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4903




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    AMENDMENT NO. ______. Amend House Bill 4903 by replacing 
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everything after the enacting clause with the following:


 
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    "Section 1. Short title. This Act may be cited as the 
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Transparency in College Textbook Publishing Practices Act.
 
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    Section 5. Definitions.   In this Act:
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    "Alternative formats" means other versions of a specific 
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textbook, including paperbacks.
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    "Bundled textbook" means a textbook that is packaged with

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additional materials, including, but not necessarily limited 
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to, a
supplemental workbook CD-ROM, or online resource 
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password.
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    "Institution" means an institution of higher learning in 
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this State.
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    "Supplemental items" means supplemental items, not 
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including the textbook, that are developed by a third party and 
 


 






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that, by third-party contractual agreement, may not be offered 
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by a publisher separately from the textbook with which the 
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items are combined.
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    "Textbook" means a book that is intended for use as a 
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source
of study material for a class or group of students, a 
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copy of which
is expected to be available for the individual 
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use of each student
in that class or group.
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    "Unbundled textbook" means a textbook that is offered for

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sale without any additional materials.

 
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    Section 10. Disclosure of information.   When contacting or 
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being contacted by prospective clients, each publisher of 
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college textbooks shall disclose, in whatever form the 
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publisher is selling, all of the following to the faculty 
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member or, if applicable, the other entity in charge of 
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selecting textbooks for courses taught at an institution:
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        (1) The price at which the publisher would make the 
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    textbook or supplemental materials available to the 
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    bookstore on the campus of or otherwise associated with the 
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    institution.
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        (2) The revision history for the textbook or 
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    supplemental materials, including copyright dates and 
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    substantial changes from past editions for the previous 10 
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    years, if any.
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        (3) The existence and price of alternative formats of 
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    the textbook or supplemental materials.

 
 


 






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    Section 15. Bundled textbooks.   Publishers of college 
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textbooks are required to offer all bundled textbooks for sale 
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as individual unbundled textbooks and supplemental items. 
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Supplemental items in integrated textbooks are exempt. Nothing 
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in this Section shall be construed to require the bookstore on 
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the campus of or otherwise associated with an institution to 
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double stock or purchase textbooks and supplemental items as 
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both bundled and unbundled items.  
 
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    Section 20. Institutional autonomy and academic freedom.  
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Nothing in this Act shall be construed to supersede 
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institutional autonomy or the academic freedom of persons 
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involved in the selection of textbooks and supplemental 
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materials.
 
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    Section 80. Enforcement.   The Attorney General, a State's 
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Attorney, or any affected resident of this State may bring a 
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civil action to enforce this Act.".