HB3242 98TH GENERAL ASSEMBLY

LRB098 09802 NHT 39953 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3242

Introduced , by Rep. Kenneth Dunkin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Accountability in College Textbook Publishing Practices Act. Provides that if a publisher provides a faculty member or entity in charge of selecting course materials at an institution of higher education with information regarding a college textbook or supplemental material, the publisher shall include specified information in its communication. Sets forth requirements for when a publisher provides a faculty member or entity in charge of selecting course materials at an institution with the price at which the publisher would make a college textbook or supplemental material available to the institution's campus bookstore. Provides that a publisher that sells a college textbook and any supplemental material as a bundle shall also make the college textbook and each item of supplemental material available as separate and unbundled items at separate prices. Provides that if a faculty member or entity in charge of selecting course materials at an institution directs a publisher to compile a custom textbook, the publisher shall provide the price at which the publisher would make the custom textbook available to the campus bookstore. Contains an enforcement provision. Requires institutions to disclose certain college textbook information in course schedules. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Accountability in College Textbook Publishing Practices Act.

Section 5. Intent. It is the intent of the General Assembly that every student seeking a higher education in this State is offered affordable access to course materials and to do all of the following:

(1) To ensure that faculty members are informed of accurate and relevant pricing information for course materials and that students are protected as a consumer group.

(2) To encourage textbook publishers and distributors to work with faculty to promote understanding of the cost to students of purchasing faculty-selected textbooks, including the disclosure of prices and bundling practices.

(3) To strengthen and enforce existing federal regulations.

Section 10. Definitions. In this Act:

"Bundle" means one or more college textbooks or other supplemental learning materials that may be packaged together to be sold as course material for one price.

"Campus bookstore" means the bookstore on the campus of or otherwise associated with an institution of higher education.

"College textbook" means a textbook or set of textbooks used for or in conjunction with a course at an institution of higher education.

"Custom textbook" means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education and may include, alone or in combination, items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted, third-party works, and elements unique to a specific institution, such as commemorative editions.

"Institution" means an institution of higher education in this State.

"Integrated textbook" means a college textbook that is combined with supplemental materials developed by a third party that, by third-party contractual agreement, may not be offered by publishers separately from the college textbook with which the supplemental materials are combined. "Integrated textbook" also means a textbook that is combined with supplemental materials that are so interrelated with the content of the textbook that the separation of the textbook from the supplemental materials would render the textbook unusable for its intended purpose.

"Publisher" means a publisher of college textbooks or supplemental materials that markets college textbooks or supplemental materials to faculty members at institutions of higher education.

"Substantial content" means parts of a college textbook, such as new chapters, additional eras of time, new themes, or new subject matter.

"Supplemental material" means educational material developed to accompany a college textbook, which may include printed materials, computer disks, Internet website access, and electronically distributed materials.

"Writing" includes electronic communications.

Section 15. Publisher requirements.

(a) If a publisher provides a faculty member or entity in charge of selecting course materials at an institution with information regarding a college textbook or supplemental material, the publisher shall include all of the following information, in writing, in its communication:

(1) The price at which the publisher would make the college textbook or supplemental material available to the institution's campus bookstore.

(2) The copyright dates of the 3 previous editions of the college textbook in the preceding 10 years, if any.

(3) The substantial content revisions made between the current edition of the college textbook or supplemental material and the previous edition, if any.

(4) Whether the college textbook or supplemental material is available in any other format, including paperback or unbound, and the price at which the publisher would make the college textbook or supplemental material in the other format available to the institution's campus bookstore.

(b) If a publisher provides a faculty member or entity in charge of selecting course materials at an institution with the price at which the publisher would make the college textbook or supplemental material available to the institution's campus bookstore, as required by this Section, the publisher shall do both of the following:

(1) Make the college textbook or supplemental material available to that institution's campus bookstore at or below that price for at least 6 months.

(2) Notify the faculty member or entity in charge of selecting course materials and the campus bookstore, in writing, of any increase in the price of the textbook or supplemental material, including the amount of the increase, at least 45 days in advance of the increase.

(c) A publisher that sells a college textbook and any supplemental material as a bundle shall also make the college textbook and each item of supplemental material available as separate and unbundled items at separate prices, except that this subsection (c) does not apply to integrated textbooks.

(d) If a faculty member or entity in charge of selecting course materials at an institution directs a publisher to compile a custom textbook, the publisher shall provide, in writing, prior to accepting an order for the custom textbook, the price at which the publisher would make the custom textbook available to the campus bookstore.

(e) A publisher violating any of the provisions of this Section may be enjoined by any court of competent jurisdiction upon action for injunction, and the court shall, after proof of violation, issue an injunction or other appropriate order restraining the publisher's conduct.

Section 20. Provision of ISBN college textbook information in course schedules. Each institution shall do the following:

(1) disclose, on the institution's Internet course schedule, if any, and in a manner of the institution's choosing, the International Standard Book Number (ISBN) and retail price information of required and recommended college textbooks and supplemental materials for each course listed in the institution's course schedule used for preregistration and registration purposes, except that:

(A) if the ISBN is not available for the college textbook or supplemental material, then the institution shall include the author, title, publisher, and copyright date for the college textbook or supplemental material; and

(B) if the institution determines that the disclosure of the information described in this Section is not practicable for a college textbook or supplemental material, then the institution shall so indicate by placing the designation "To Be Determined" in lieu of the information required under this Section; and

(2) if applicable, include on the institution's written course schedule a notice that textbook information is available on the institution's Internet course schedule and the Internet address for the schedule.

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