Public Act 096-0359
HB0461 Enrolled LRB096 08302 NHT 18410 b

    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
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.
    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.
    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
    Section 99. Effective date. This Act takes effect July 1,