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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Transparency in College Textbook Publishing Practices Act. | ||||||
| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Alternative formats" means other versions of a specific | ||||||
| 8 | textbook, including paperbacks. | ||||||
| 9 | "Bundled textbook" means one or more college textbooks or | ||||||
| 10 | other supplemental
materials that may be packaged together to | ||||||
| 11 | be sold as course materials for one price. | ||||||
| 12 | "College textbook" means a textbook or a set of textbooks | ||||||
| 13 | used for or in conjunction with a course in postsecondary | ||||||
| 14 | education at an institution, not including custom textbooks. | ||||||
| 15 | "Custom textbook" means a college textbook that is compiled | ||||||
| 16 | at the direction of a faculty member or, if applicable, the | ||||||
| 17 | other adopting entity in charge of selecting textbooks for | ||||||
| 18 | courses taught at an institution. "Custom textbook" may | ||||||
| 19 | include, alone or in combination, items such as selections from | ||||||
| 20 | original instructor materials, previously copyrighted | ||||||
| 21 | publisher materials, copyrighted, third-party works, and | ||||||
| 22 | elements unique to a specific institution, such as | ||||||
| 23 | commemorative editions. | ||||||
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| 1 | "Integrated textbook" means a college textbook that is (i) | ||||||
| 2 | combined with materials developed by a third party and that, by | ||||||
| 3 | third-party contractual agreement, may not be offered by | ||||||
| 4 | publishers separately from the college textbook with which the | ||||||
| 5 | materials are combined; or (ii) combined with other materials | ||||||
| 6 | that are so interrelated with the content of the college | ||||||
| 7 | textbook that the separation of the college textbook from the | ||||||
| 8 | other materials would render the college textbook unusable for | ||||||
| 9 | its intended purpose. | ||||||
| 10 | "Institution" means a public institution of higher | ||||||
| 11 | education that is included in the definition of "public | ||||||
| 12 | institutions of higher education" under the Board of Higher | ||||||
| 13 | Education Act. | ||||||
| 14 | "Substantial content" means parts of a college textbook, | ||||||
| 15 | such as new chapters, new material covering additional eras of | ||||||
| 16 | time, new themes, or new subject matter. | ||||||
| 17 | "Supplemental material" means educational material | ||||||
| 18 | developed to accompany a college textbook that (i) may include | ||||||
| 19 | printed materials, computer discs, Internet website access, | ||||||
| 20 | and electronically distributed materials and (ii) is not being | ||||||
| 21 | used as a component of an integrated textbook. | ||||||
| 22 | "Unbundled textbook" means a textbook that is offered for
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| 23 | sale without any supplemental materials.
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| 24 | Section 10. Disclosure of information. When contacting or | ||||||
| 25 | being contacted by prospective clients, each publisher of | ||||||
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| 1 | college textbooks shall disclose, at that time and in writing | ||||||
| 2 | (which may include
electronic communications), all of the | ||||||
| 3 | following to the faculty member or, if applicable, the other | ||||||
| 4 | adopting entity in charge of selecting textbooks for courses | ||||||
| 5 | taught at an institution: | ||||||
| 6 | (1) The copyright dates of the 3 previous editions of | ||||||
| 7 | the college textbook, if any. | ||||||
| 8 | (2) A description of the substantial content changes | ||||||
| 9 | made between the current edition of the college textbook or | ||||||
| 10 | supplemental materials and the previous edition, if any. | ||||||
| 11 | (3) The existence and price of alternative formats of | ||||||
| 12 | the college textbook or supplemental materials.
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| 13 | Section 15. Bundled textbooks. Publishers of college | ||||||
| 14 | textbooks are required to offer all bundled textbooks for sale | ||||||
| 15 | as individual unbundled textbooks and supplemental materials. | ||||||
| 16 | Nothing in this Section shall be construed to require the | ||||||
| 17 | bookstore on the campus of or otherwise associated with an | ||||||
| 18 | institution to double stock or purchase textbooks and | ||||||
| 19 | supplemental materials as both bundled and unbundled items. | ||||||
| 20 | Section 20. Custom textbooks.
To the maximum extent | ||||||
| 21 | practical, publishers shall comply with the requirements under | ||||||
| 22 | Sections 10 and 15 of this Act with respect to the development | ||||||
| 23 | and provision of custom textbooks. | ||||||
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| 1 | Section 25. Institutional autonomy and academic freedom. | ||||||
| 2 | Nothing in this Act shall be construed to supersede | ||||||
| 3 | institutional autonomy or the academic freedom of persons | ||||||
| 4 | involved in the selection of textbooks and supplemental | ||||||
| 5 | materials.
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| 6 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 7 | 2010. | ||||||