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Introduced Version House Bill 2606 History

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H. B. 2606

(By Delegates Beach, Morgan, Long and Howard)
[Introduced February 23, 2005; referred to the
Committee on Education then Judiciary.]

A BILL to amend and reenact §18B-10-14 of the code of West Virginia, 1931, as amended, relating to college and university bookstores and prohibiting governing boards of state institutions of higher education from requiring students to purchase textbook packages.

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:
§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 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. A governing board may not require a student to purchase textbook packages or bundled textbook packages for any course. All textbook and course related materials required to be purchased for a course shall be made available for separate individual purchase. Course related materials include, but are not limited to, textbooks, workbooks, lab materials, electronic media and any other item used to supplement the required text for the course.
(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.

NOTE: The purpose of this bill is to prohibit a governing board of a college or university from requiring a student to purchase, for any course, textbook packages or bundled textbook packages from a bookstore operated under the jurisdiction of the governing board.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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