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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 | "Custom textbook" means a college textbook that is compiled | ||||||
13 | at the direction of a faculty member or, if applicable, the | ||||||
14 | other adopting entity in charge of selecting textbooks for | ||||||
15 | courses taught at an institution. "Custom textbook" may | ||||||
16 | include, alone or in combination, items such as selections from | ||||||
17 | original instructor materials, previously copyrighted | ||||||
18 | publisher materials, copyrighted, third-party works, and | ||||||
19 | elements unique to a specific institution, such as | ||||||
20 | commemorative editions. | ||||||
21 | "Institution" means a public institution of higher | ||||||
22 | education that is included in the definition of "public | ||||||
23 | institutions of higher education" under the Board of Higher |
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1 | Education Act. | ||||||
2 | "Substantial content" means parts of a college textbook, | ||||||
3 | such as new chapters, additional eras of time, new themes, or | ||||||
4 | new subject matter. | ||||||
5 | "Supplemental material" means educational material | ||||||
6 | developed to accompany a college textbook that (i) may include | ||||||
7 | printed materials, computer discs, Internet website access, | ||||||
8 | and electronically distributed materials and (ii) is not | ||||||
9 | developed by a third party and, by third party contractual | ||||||
10 | agreement, may not be offered by a publisher separately. | ||||||
11 | "Textbook" means a textbook or a set of textbooks used for | ||||||
12 | or in conjunction with a course in postsecondary education at | ||||||
13 | an institution, not including custom textbooks. | ||||||
14 | "Unbundled textbook" means a textbook that is offered for
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15 | sale without any supplemental materials.
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16 | Section 10. Disclosure of information. When contacting or | ||||||
17 | being contacted by prospective clients, each publisher of | ||||||
18 | college textbooks shall disclose, at that time and in writing | ||||||
19 | (which may include
electronic communications), all of the | ||||||
20 | following to the faculty member or, if applicable, the other | ||||||
21 | adopting entity in charge of selecting textbooks for courses | ||||||
22 | taught at an institution: | ||||||
23 | (1) The price at which the publisher would make the | ||||||
24 | textbook or supplemental materials available to the | ||||||
25 | bookstore on the campus of or otherwise associated with the |
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1 | institution. | ||||||
2 | (2) The copyright dates of past editions of the | ||||||
3 | textbook or supplemental materials for the previous 10 | ||||||
4 | years, if any. | ||||||
5 | (3) The substantial content changes made between the | ||||||
6 | current edition of the textbook or supplemental materials | ||||||
7 | and the previous edition, if any. | ||||||
8 | (4) The existence and price of alternative formats of | ||||||
9 | the textbook or supplemental materials.
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10 | Section 15. Bundled textbooks. Publishers of college | ||||||
11 | textbooks are required to offer all bundled textbooks for sale | ||||||
12 | as individual unbundled textbooks and supplemental materials. | ||||||
13 | Nothing in this Section shall be construed to require the | ||||||
14 | bookstore on the campus of or otherwise associated with an | ||||||
15 | institution to double stock or purchase textbooks and | ||||||
16 | supplemental materials as both bundled and unbundled items. | ||||||
17 | Section 20. Custom textbooks.
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18 | (a) When a faculty member or, if applicable, other adopting | ||||||
19 | entity in charge of selecting textbooks for courses taught at | ||||||
20 | an institution directs a publisher to compile a custom | ||||||
21 | textbook, the publisher shall provide, in writing (which may | ||||||
22 | include electronic communications) before the faculty member | ||||||
23 | or entity adopts the custom textbook, the price at which the | ||||||
24 | publisher would make the custom textbook available to the |
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1 | bookstore on the campus of or otherwise associated with the | ||||||
2 | institution. | ||||||
3 | (b) To the maximum extent practical, publishers shall | ||||||
4 | comply with the requirements under Sections 10 and 15 of this | ||||||
5 | Act with respect to the development and provision of custom | ||||||
6 | textbooks. | ||||||
7 | Section 25. Institutional autonomy and academic freedom. | ||||||
8 | Nothing in this Act shall be construed to supersede | ||||||
9 | institutional autonomy or the academic freedom of persons | ||||||
10 | involved in the selection of textbooks and supplemental | ||||||
11 | materials.
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12 | Section 90. Enforcement. The Attorney General or a State's | ||||||
13 | Attorney may bring a civil action to enforce this Act. |