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.