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.


LRB098 09802 NHT 39953 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3242LRB098 09802 NHT 39953 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Accountability in College Textbook Publishing Practices Act.
 
6    Section 5. Intent. It is the intent of the General Assembly
7that every student seeking a higher education in this State is
8offered affordable access to course materials and to do all of
9the following:
10        (1) To ensure that faculty members are informed of
11    accurate and relevant pricing information for course
12    materials and that students are protected as a consumer
13    group.
14        (2) To encourage textbook publishers and distributors
15    to work with faculty to promote understanding of the cost
16    to students of purchasing faculty-selected textbooks,
17    including the disclosure of prices and bundling practices.
18        (3) To strengthen and enforce existing federal
19    regulations.
 
20    Section 10. Definitions. In this Act:
21    "Bundle" means one or more college textbooks or other
22supplemental learning materials that may be packaged together

 

 

HB3242- 2 -LRB098 09802 NHT 39953 b

1to be sold as course material for one price.
2    "Campus bookstore" means the bookstore on the campus of or
3otherwise associated with an institution of higher education.
4    "College textbook" means a textbook or set of textbooks
5used for or in conjunction with a course at an institution of
6higher education.
7    "Custom textbook" means a college textbook that is compiled
8by a publisher at the direction of a faculty member or other
9person or adopting entity in charge of selecting course
10materials at an institution of higher education and may
11include, alone or in combination, items such as selections from
12original instructor materials, previously copyrighted
13publisher materials, copyrighted, third-party works, and
14elements unique to a specific institution, such as
15commemorative editions.
16    "Institution" means an institution of higher education in
17this State.
18    "Integrated textbook" means a college textbook that is
19combined with supplemental materials developed by a third party
20that, by third-party contractual agreement, may not be offered
21by publishers separately from the college textbook with which
22the supplemental materials are combined. "Integrated textbook"
23also means a textbook that is combined with supplemental
24materials that are so interrelated with the content of the
25textbook that the separation of the textbook from the
26supplemental materials would render the textbook unusable for

 

 

HB3242- 3 -LRB098 09802 NHT 39953 b

1its intended purpose.
2    "Publisher" means a publisher of college textbooks or
3supplemental materials that markets college textbooks or
4supplemental materials to faculty members at institutions of
5higher education.
6    "Substantial content" means parts of a college textbook,
7such as new chapters, additional eras of time, new themes, or
8new subject matter.
9    "Supplemental material" means educational material
10developed to accompany a college textbook, which may include
11printed materials, computer disks, Internet website access,
12and electronically distributed materials.
13    "Writing" includes electronic communications.
 
14    Section 15. Publisher requirements.
15    (a) If a publisher provides a faculty member or entity in
16charge of selecting course materials at an institution with
17information regarding a college textbook or supplemental
18material, the publisher shall include all of the following
19information, in writing, in its communication:
20        (1) The price at which the publisher would make the
21    college textbook or supplemental material available to the
22    institution's campus bookstore.
23        (2) The copyright dates of the 3 previous editions of
24    the college textbook in the preceding 10 years, if any.
25        (3) The substantial content revisions made between the

 

 

HB3242- 4 -LRB098 09802 NHT 39953 b

1    current edition of the college textbook or supplemental
2    material and the previous edition, if any.
3        (4) Whether the college textbook or supplemental
4    material is available in any other format, including
5    paperback or unbound, and the price at which the publisher
6    would make the college textbook or supplemental material in
7    the other format available to the institution's campus
8    bookstore.
9    (b) If a publisher provides a faculty member or entity in
10charge of selecting course materials at an institution with the
11price at which the publisher would make the college textbook or
12supplemental material available to the institution's campus
13bookstore, as required by this Section, the publisher shall do
14both of the following:
15        (1) Make the college textbook or supplemental material
16    available to that institution's campus bookstore at or
17    below that price for at least 6 months.
18        (2) Notify the faculty member or entity in charge of
19    selecting course materials and the campus bookstore, in
20    writing, of any increase in the price of the textbook or
21    supplemental material, including the amount of the
22    increase, at least 45 days in advance of the increase.
23    (c) A publisher that sells a college textbook and any
24supplemental material as a bundle shall also make the college
25textbook and each item of supplemental material available as
26separate and unbundled items at separate prices, except that

 

 

HB3242- 5 -LRB098 09802 NHT 39953 b

1this subsection (c) does not apply to integrated textbooks.
2    (d) If a faculty member or entity in charge of selecting
3course materials at an institution directs a publisher to
4compile a custom textbook, the publisher shall provide, in
5writing, prior to accepting an order for the custom textbook,
6the price at which the publisher would make the custom textbook
7available to the campus bookstore.
8    (e) A publisher violating any of the provisions of this
9Section may be enjoined by any court of competent jurisdiction
10upon action for injunction, and the court shall, after proof of
11violation, issue an injunction or other appropriate order
12restraining the publisher's conduct.
 
13    Section 20. Provision of ISBN college textbook information
14in course schedules. Each institution shall do the following:
15        (1) disclose, on the institution's Internet course
16    schedule, if any, and in a manner of the institution's
17    choosing, the International Standard Book Number (ISBN)
18    and retail price information of required and recommended
19    college textbooks and supplemental materials for each
20    course listed in the institution's course schedule used for
21    preregistration and registration purposes, except that:
22            (A) if the ISBN is not available for the college
23        textbook or supplemental material, then the
24        institution shall include the author, title,
25        publisher, and copyright date for the college textbook

 

 

HB3242- 6 -LRB098 09802 NHT 39953 b

1        or supplemental material; and
2            (B) if the institution determines that the
3        disclosure of the information described in this
4        Section is not practicable for a college textbook or
5        supplemental material, then the institution shall so
6        indicate by placing the designation "To Be Determined"
7        in lieu of the information required under this Section;
8        and
9        (2) if applicable, include on the institution's
10    written course schedule a notice that textbook information
11    is available on the institution's Internet course schedule
12    and the Internet address for the schedule.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.