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Elementary & Secondary Education Committee
Filed: 5/28/2008
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09500SB0326ham001 |
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LRB095 07710 NHT 51527 a |
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| AMENDMENT TO SENATE BILL 326
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| AMENDMENT NO. ______. Amend Senate Bill 326 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 one or more college textbooks or |
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| other supplemental
materials that may be packaged together to |
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| be sold as course materials for one price. |
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| "Custom textbook" means a college textbook that is compiled |
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| at the direction of a faculty member or, if applicable, the |
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| other adopting entity in charge of selecting textbooks for |
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| courses taught at an institution. "Custom textbook" may |
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| include, alone or in combination, items such as selections from |
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LRB095 07710 NHT 51527 a |
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| original instructor materials, previously copyrighted |
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| publisher materials, copyrighted, third-party works, and |
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| elements unique to a specific institution, such as |
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| commemorative editions. |
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| "Institution" means a public institution of higher |
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| education that is included in the definition of "public |
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| institutions of higher education" under the Board of Higher |
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| Education Act. |
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| "Substantial content" means parts of a college textbook, |
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| such as new chapters, additional eras of time, new themes, or |
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| new subject matter. |
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| "Supplemental material" means educational material |
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| developed to accompany a college textbook that (i) may include |
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| printed materials, computer discs, Internet website access, |
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| and electronically distributed materials and (ii) is not |
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| developed by a third party and, by third party contractual |
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| agreement, may not be offered by a publisher separately. |
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| "Textbook" means a textbook or a set of textbooks used for |
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| or in conjunction with a course in postsecondary education at |
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| an institution, not including custom textbooks. |
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| "Unbundled textbook" means a textbook that is offered for
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| sale without any supplemental 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, at that time and in writing |
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LRB095 07710 NHT 51527 a |
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| (which may include
electronic communications), all of the |
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| following to the faculty member or, if applicable, the other |
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| adopting entity in charge of selecting textbooks for courses |
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| taught at an institution: |
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| (1) The copyright dates of past editions of the |
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| textbook or supplemental materials for the previous 10 |
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| years, if any. |
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| (2) The substantial content changes made between the |
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| current edition of the textbook or supplemental materials |
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| and the previous edition, 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 materials. |
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| Nothing in this Section shall be construed to require the |
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| bookstore on the campus of or otherwise associated with an |
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| institution to double stock or purchase textbooks and |
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| supplemental materials as both bundled and unbundled items.
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| Section 20. Custom textbooks.
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| (a) When a faculty member or, if applicable, other adopting |
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| entity in charge of selecting textbooks for courses taught at |
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| an institution directs a publisher to compile a custom |
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| textbook, the publisher shall provide, in writing (which may |
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LRB095 07710 NHT 51527 a |
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| include electronic communications) before the faculty member |
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| or entity adopts the custom textbook, the price at which the |
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| publisher would make the custom textbook 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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| (b) To the maximum extent practical, publishers shall |
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| comply with the requirements under Sections 10 and 15 of this |
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| Act with respect to the development and provision of custom |
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| textbooks.
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| Section 25. 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 90. Enforcement. The Attorney General or a State's |
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| Attorney may bring a civil action to enforce this Act.".
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