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.