H. B. 4742
(By Delegates Beach, Long, Perry, Tabb,
Paxton, Howard and Canterbury)
(Originating in the Committee on Education)
[March 1, 2004]
A BILL to amend and reenact §18B-10-14 of the code of West
 Virginia, 1931, as amended, relating to bookstores; textbooks;
 and prohibiting state institutions of higher education from
 requiring students to purchase bundled 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: 
ARTICLE 10.  FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS 
           OF HIGHER EDUCATION.
§18B-10-14.  Bookstores.
(a) The appropriate governing board of each state institution
 of higher education shall have has the authority to establish and
 operate a bookstore at the institution.  The bookstore shall be
 operated for:
(1) The use of the institution itself, including each of its
 schools and departments, in making purchases of books, stationery and other school and office supplies generally carried in college
 stores; and 
(2) The benefit of students and faculty members in purchasing
 such products for their own use, but no sales shall may be made to
 the general public.  The prices to be charged the institution, the
 students and the faculty for such products shall be fixed by the
 governing board, shall 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, to the end that the prices charged shall be commensurate
 with the total cost to the state of operating the bookstore.
(b) Each governing board shall also 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.  An institution may  not require a student to
 purchase a bundled textbook package for any course.  Any course-
 required bookstore material shall be made available for separate,
 individual purchase.  Such materials  include, but are not limited
 to, textbooks and supplemental materials such as workbooks and
 electronic media.
All moneys derived from the operation of the store shall be
 paid into a special revenue fund as provided in section two,
 article two, chapter twelve of this code.  Each governing board
 shall, subject to the approval of the governor, fix, and from time
 to time, periodically 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 store.  From any balance in the
 Marshall university bookstore fund not needed for operation and
 maintenance and replenishing the stock of goods, the governing
 board of that institution shall have has authority to expend a sum
 not to exceed two hundred thousand dollars for the construction of
 quarters to house the bookstore in the university center at
 Marshall university.  Until such quarters for housing the bookstore
 are completed, the governing board of Marshall university and the
 governor shall take this authorization into account in fixing the
 amount of the revolving fund for the Marshall university 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.