Senate Bill No. 674
(By Senator Plymale)
[Originating in the Committee on Education;
reported March 24, 2005.]
A BILL to amend and reenact §18B-10-14 of the Code of West
Virginia, 1931, as amended, relating to textbook sales at
public institutions of higher education; and prohibiting
inducements to purchase certain textbooks.
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; Policies addressing textbook sales and
(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 also shall ensure that bookstores
operated at institutions under its jurisdiction meet the additional
objective of minimizing the costs to students of purchasing
textbooks by adopting policies which may 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) 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.
(e) 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.
(f) No employee of a state institution of higher education may
demand or receive any payment, loan, subscription, advance, deposit
of money, services or anything, present or promised, as an
inducement for requiring students to purchase a specific textbook
required for course work or instruction; with the exception that
the employee may receive any or all of the following:
(1) Sample copies;
(2) Instructor's copies; or instructional material, not to be
(3) Royalties or other compensation from sales of textbooks
that include the instructor's own writing or work.
(g) The governing boards shall provide students with listings
of textbooks required or assigned for particular courses at the
institutions under its jurisdiction.
(1) The lists shall be posted in a standard format in a
central campus location and on the relevant institutional website.
(2) The lists shall include the International Standard Book
Number (ISBN) along with other information relevant to
(h) Governing boards which maintain a bookstore supported by
auxiliary services or operated by a private contractor shall post
the listing of these textbooks when the relevant instructor or
academic department identifies the required textbooks for order and
subsequent student purchase.
(NOTE: The purpose of this bill is to establish a policy for
textbook sales at state institutions of higher education and to
prohibit employees from receiving inducements to purchase certain
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would