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| Public Act 096-0359 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Transparency in College Textbook Publishing Practices Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Alternative formats" means other versions of a specific | ||||
textbook, including paperbacks. | ||||
"Bundled textbook" means one or more college textbooks or | ||||
other supplemental
materials that may be packaged together to | ||||
be sold as course materials for one price. | ||||
"Custom textbook" means a college textbook that is compiled | ||||
at the direction of a faculty member or, if applicable, the | ||||
other adopting entity in charge of selecting textbooks for | ||||
courses taught at an institution. "Custom textbook" 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. | ||||
"Integrated textbook" means a college textbook that is (i) | ||||
combined with materials developed by a third party and that, by | ||||
third-party contractual agreement, may not be offered by | ||||
publishers separately from the college textbook with which the | ||
materials are combined; or (ii) combined with other materials | ||
that are so interrelated with the content of the college | ||
textbook that the separation of the college textbook from the | ||
other materials would render the college textbook unusable for | ||
its intended purpose. | ||
"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. | ||
"Substantial content" means parts of a college textbook, | ||
such as new chapters, new material covering additional eras of | ||
time, new themes, or new subject matter. | ||
"Supplemental material" means educational material | ||
developed to accompany a college textbook that (i) may include | ||
printed materials, computer discs, Internet website access, | ||
and electronically distributed materials and (ii) is not being | ||
used as a component of an integrated textbook. | ||
"Textbook" means a college textbook or a set of college | ||
textbooks used for or in conjunction with a course in | ||
postsecondary education at an institution, not including | ||
custom textbooks. | ||
"Unbundled textbook" means a college textbook that is | ||
offered for
sale without any supplemental materials.
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Section 10. Disclosure of information. When contacting or | ||
being contacted by prospective clients, each publisher of | ||
college textbooks shall disclose, at that time and in writing | ||
(which may include
electronic communications), all of the | ||
following to the faculty member or, if applicable, the other | ||
adopting entity in charge of selecting textbooks for courses | ||
taught at an institution: | ||
(1) The copyright dates of the 3 previous editions of | ||
the college textbook, if any. | ||
(2) A description of the substantial content changes | ||
made between the current edition of the college textbook or | ||
supplemental materials and the previous edition, if any. | ||
(3) The existence and price of alternative formats of | ||
the college textbook or supplemental materials.
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Section 15. Bundled textbooks. Publishers of college | ||
textbooks are required to offer all bundled textbooks for sale | ||
as individual unbundled textbooks and supplemental materials. | ||
Nothing in this Section shall be construed to require the | ||
bookstore on the campus of or otherwise associated with an | ||
institution to double stock or purchase textbooks and | ||
supplemental materials as both bundled and unbundled items. | ||
Section 20. Custom textbooks.
To the maximum extent | ||
practical, publishers shall comply with the requirements under | ||
Sections 10 and 15 of this Act with respect to the development | ||
and provision of custom textbooks. | ||
Section 25. Institutional autonomy and academic freedom. | ||
Nothing in this Act shall be construed to supersede | ||
institutional autonomy or the academic freedom of persons | ||
involved in the selection of textbooks and supplemental | ||
materials.
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Section 99. Effective date. This Act takes effect July 1, | ||
2010. | ||