H. B. 3163
[March 24, 2005]
(By Delegates Campbell, Beach,
Morgan, Long and Howard)
[Originating in the Committee on Education.]
A BILL to amend and reenact §18B-10-14 of the Code of West
Virginia, 1931, as amended, relating to state institution of
higher education bookstore operations and textbook sales;
minimizing costs to students; prohibiting requirements that
students purchase certain textbooks and textbook packages;
prohibiting institution employees from receiving benefits for
requiring specific textbooks and providing exceptions;
requiring institutions to post listing of required textbooks
at certain campus locations; requiring institutions to
promulgate a rule governing textbook sales and bookstore
operations; and application to bookstores operated by private
contractor and institutional auxiliary services.
Be it enacted by the Legislature of West Virginia:
That §18B-10-14 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
(a) Each governing board may establish and operate a bookstore
at the institutions under its jurisdiction to sell books,
stationery and other school and office supplies generally carried
in college bookstores.
(b) The prices to be charged may not be less than the prices
fixed by any fair trade agreements and shall, in all cases, include
in addition to the purchase price paid by the bookstore, a
sufficient handling charge to cover all expenses incurred for
personal and other services, supplies and equipment, storage and
other operating expenses.
(c) Each governing board
shall ensure that bookstores
operated at institutions under its jurisdiction
meet the additional
objective of minimizing minimize
the costs to students of
by adopting policies The governing board
Require the repurchase and resale of textbooks
on an institutional or a statewide basis; and
Provide for the use of certain basic textbooks for a
reasonable number of years.
(d) A governing board may not require a student to purchase
textbook packages or bundled textbook packages for any course.
(1) All textbook and course-related material required to be purchased for a course shall be made available for separate,
(2) Course-related material includes, but is not limited to,
textbooks, workbooks, lab materials, electronic media and any other
item used to supplement the primary textbook for the course.
(e) An employee of a governing board:
(1) May not:
(A) Receive a payment, loan, subscription, advance, deposit of
money, service, benefit or thing of value, present or promised, as
an inducement for requiring students to purchase a specific
textbook for coursework or instruction; or
(B) Require for any course a textbook that includes his or her
own writing or work if the textbook incorporates either detachable
worksheets or workbook-style pages intended to be written on or
removed from the textbook. This provision does not prohibit an
employee from requiring as a supplement to a textbook any workbook
or similar material when offered for separate, individual purchase;
(2) May receive:
(A) Sample copies, instructor's copies and instructional
material which are not to be sold; and
(B) Royalties or other compensation from sales of textbooks
that include the employee's own writing or work.
(f) A governing board shall provide to students a listing of textbooks required or assigned for any course at the institution.
(1) The listing shall be prominently posted:
(A) In a central location at the institution;
(B) In any campus bookstore; and
(C) On the institution's website.
(2) The list shall include the International Standard Book
Number (ISBN) along with other relevant information.
(3) An institution shall post a book to the listing at the
time the instructor or academic department identifies the required
textbook for order and subsequent student purchase.
All moneys derived from the operation of the bookstore
shall be paid into a special revenue fund as provided in section
two, article two, chapter twelve of this code. Subject to the
approval of the Governor, each governing board periodically shall
change the amount of the revolving fund necessary for the proper
and efficient operation of each bookstore.
Moneys derived from the operation of the bookstore
shall be used first to replenish the stock of goods and to pay the
costs of operating and maintaining the bookstore. Notwithstanding
any other provision of this section, any institution that has
contracted with a private entity for bookstore operation shall
deposit into an appropriate account all revenue generated by the
operation and enuring to the benefit of the institution. The
institution shall use the funds for nonathletic scholarships.
(i) Each governing board shall promulgate a rule in accordance
with the provisions of section six, article one of this chapter to
implement the provisions of this section.
(j) This section applies to textbook sales and bookstores
supported by an institution's auxiliary services and those operated
by a private contractor.
NOTE: The purpose of this bill is to prohibit colleges from
requiring students to purchase bundled textbook packages; prohibit
faculty from receiving benefits for requiring specific textbooks;
and require colleges to post detailed listings of all required
textbooks at the institution.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would