Full Text of SB0326 95th General Assembly
SB0326ham001 95TH GENERAL ASSEMBLY
|
Elementary & Secondary Education Committee
Filed: 5/28/2008
|
|
09500SB0326ham001 |
|
LRB095 07710 NHT 51527 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 326
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 326 by replacing | 3 |
| everything after the enacting clause with the following:
| 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 |
|
|
|
09500SB0326ham001 |
- 2 - |
LRB095 07710 NHT 51527 a |
|
| 1 |
| original instructor materials, previously copyrighted | 2 |
| publisher materials, copyrighted, third-party works, and | 3 |
| elements unique to a specific institution, such as | 4 |
| commemorative editions. | 5 |
| "Institution" means a public institution of higher | 6 |
| education that is included in the definition of "public | 7 |
| institutions of higher education" under the Board of Higher | 8 |
| Education Act. | 9 |
| "Substantial content" means parts of a college textbook, | 10 |
| such as new chapters, additional eras of time, new themes, or | 11 |
| new subject matter. | 12 |
| "Supplemental material" means educational material | 13 |
| developed to accompany a college textbook that (i) may include | 14 |
| printed materials, computer discs, Internet website access, | 15 |
| and electronically distributed materials and (ii) is not | 16 |
| developed by a third party and, by third party contractual | 17 |
| agreement, may not be offered by a publisher separately. | 18 |
| "Textbook" means a textbook or a set of textbooks used for | 19 |
| or in conjunction with a course in postsecondary education at | 20 |
| an institution, not including custom textbooks. | 21 |
| "Unbundled textbook" means a textbook that is offered for
| 22 |
| sale without any supplemental materials.
| 23 |
| Section 10. Disclosure of information. When contacting or | 24 |
| being contacted by prospective clients, each publisher of | 25 |
| college textbooks shall disclose, at that time and in writing |
|
|
|
09500SB0326ham001 |
- 3 - |
LRB095 07710 NHT 51527 a |
|
| 1 |
| (which may include
electronic communications), all of the | 2 |
| following to the faculty member or, if applicable, the other | 3 |
| adopting entity in charge of selecting textbooks for courses | 4 |
| taught at an institution: | 5 |
| (1) The copyright dates of past editions of the | 6 |
| textbook or supplemental materials for the previous 10 | 7 |
| years, if any. | 8 |
| (2) The substantial content changes made between the | 9 |
| current edition of the textbook or supplemental materials | 10 |
| and the previous edition, if any. | 11 |
| (3) The existence and price of alternative formats of | 12 |
| the textbook or supplemental materials.
| 13 |
| Section 15. Bundled textbooks. Publishers of college | 14 |
| textbooks are required to offer all bundled textbooks for sale | 15 |
| as individual unbundled textbooks and supplemental materials. | 16 |
| Nothing in this Section shall be construed to require the | 17 |
| bookstore on the campus of or otherwise associated with an | 18 |
| institution to double stock or purchase textbooks and | 19 |
| supplemental materials as both bundled and unbundled items. | 20 |
| Section 20. Custom textbooks.
| 21 |
| (a) When a faculty member or, if applicable, other adopting | 22 |
| entity in charge of selecting textbooks for courses taught at | 23 |
| an institution directs a publisher to compile a custom | 24 |
| textbook, the publisher shall provide, in writing (which may |
|
|
|
09500SB0326ham001 |
- 4 - |
LRB095 07710 NHT 51527 a |
|
| 1 |
| include electronic communications) before the faculty member | 2 |
| or entity adopts the custom textbook, the price at which the | 3 |
| publisher would make the custom textbook available to the | 4 |
| bookstore on the campus of or otherwise associated with the | 5 |
| institution. | 6 |
| (b) To the maximum extent practical, publishers shall | 7 |
| comply with the requirements under Sections 10 and 15 of this | 8 |
| Act with respect to the development and provision of custom | 9 |
| textbooks. | 10 |
| Section 25. Institutional autonomy and academic freedom. | 11 |
| Nothing in this Act shall be construed to supersede | 12 |
| institutional autonomy or the academic freedom of persons | 13 |
| involved in the selection of textbooks and supplemental | 14 |
| materials.
| 15 |
| Section 90. Enforcement. The Attorney General or a State's | 16 |
| Attorney may bring a civil action to enforce this Act.".
|
|