HB3241 98TH GENERAL ASSEMBLY

LRB098 10081 NHT 40240 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3241

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.

FISCAL NOTE ACT MAY APPLY

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. Findings. The General Assembly finds the following:

(1) It is critical for the future health of the economy of this State to support the education of its youth so that they can attain the degrees and credentials they need to enter the evolving workforce.

(2) While more than 80% of the 23,000,000 jobs to be created nationwide over the next 10 years will require postsecondary education, only 36% of all 18 to 24-year-olds are currently enrolled in postsecondary educational institutions.

(3) Students in this State are struggling to enroll in postsecondary educational institutions due to finances as, according to the U.S. Government Accountability Office (GAO), tuition and fees have increased at an average rate of 7% annually, while other prices have risen at only about 3% annually.

(4) High college textbook costs further add to this financial burden. The College Board reports that during the 2011-2012 academic year the average student spent an estimated $1,168 for course materials, including college books and supplies.

(5) The College Board finds that this figure constitutes 6.1% of the estimated annual costs of education for the typical resident student at a 4-year university, and the GAO finds that at community colleges, college textbooks can comprise 75% of total student costs.

(6) As a result, a survey conducted by the Student Public Interest Research Groups found that 7 in 10 students reported foregoing the purchase of a textbook because of its cost even though 78% believed it could hurt their academic performance.

(7) The Section of the federal Higher Education Opportunity Act (Public Law 110-315), passed by Congress in 2008, concerning textbook information sought to decrease the costs of course materials for students by enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials.

(8) This Section of the Higher Education Opportunity Act lacks enforcement mechanisms and does not serve to decrease costs to students as well as it could.

(9) Adding enforcement measures in this State to complement the existing Section of the Higher Education Opportunity Act concerning textbook information could more effectively help to lower student expenditures on textbooks and to ensure that students have access to the textbooks they need to receive the highest quality education possible.

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. 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.