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ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 674
(Senator Plymale, original sponsor)
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[Passed April 9, 2005; in effect ninety days from passage.]
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AN ACT 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; requiring Legislative Oversight
Commission on Education Accountability to obtain certain
textbook study report; 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.
§18B-10-14. Bookstores.
(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 minimize the costs to
students of purchasing textbooks. The governing board may:
(1) Require the repurchase and resale of textbooks on an
institutional or a statewide basis; and
(2) Provide for the use of certain basic textbooks for a
reasonable number of years.
(d) The Legislature recognizes that in two thousand four, the
Congress of the United States commissioned the United States
Government Accountability Office to study the high prices of
college textbooks. Upon completion of the study, the Legislative
Oversight Commission on Education Accountability shall obtain the
results and any related reports produced by the Office.
(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 which is published independently from the
textbook; and
(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 offered 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 for each textbook the International
Standard Book Number (ISBN), the edition number and any other relevant information.
(3) An institution shall post a book to the listing when the
adoption process is complete and the textbook is designated for
order by the bookstore.
(g) 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.
(h) 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.
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