Committee Substitute

for


H. B. 3163

[March 24, 2005]

(By Delegates Campbell, Beach,

Morgan, Long and Howard)


[Originating in the Committee on Education.]



A BILL to amend and reenact §18B-10-14 of the Code of West Virginia, 1931, as amended, relating to state institution of higher education bookstore operations and textbook sales; minimizing costs to students; prohibiting requirements that students purchase certain textbooks and textbook packages; prohibiting institution employees from receiving benefits for requiring specific textbooks and providing exceptions; requiring institutions to post listing of required textbooks at certain campus locations; requiring institutions to promulgate a rule governing textbook sales and bookstore operations; and application to bookstores operated by private contractor and institutional auxiliary services.

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) 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 minimize the costs to students of purchasing textbooks. by adopting policies The governing board may:
(1) which may Require the repurchase and resale of textbooks on an institutional or a statewide basis; and
(2) Provide for the use of certain basic textbooks for a reasonable number of years.
(d) A governing board may not require a student to purchase textbook packages or bundled textbook packages for any course.
(1) All textbook and course-related material required to be purchased for a course shall be made available for separate, individual purchase.
(2) Course-related material includes, but is not limited to, textbooks, workbooks, lab materials, electronic media and any other item used to supplement the primary textbook for the course.
(e) An employee of a governing board:
(1) May not:
(A) Receive a payment, loan, subscription, advance, deposit of money, service, benefit or thing of value, present or promised, as an inducement for requiring students to purchase a specific textbook for coursework or instruction; or
(B) Require for any course a textbook that includes his or her own writing or work if the textbook incorporates either detachable worksheets or workbook-style pages intended to be written on or removed from the textbook. This provision does not prohibit an employee from requiring as a supplement to a textbook any workbook or similar material when offered for separate, individual purchase; and
(2) May receive:
(A) Sample copies, instructor's copies and instructional material which are not to be sold; and
(B) Royalties or other compensation from sales of textbooks that include the employee's own writing or work.
(f) A governing board shall provide to students a listing of textbooks required or assigned for any course at the institution.
(1) The listing shall be prominently posted:
(A) In a central location at the institution;
(B) In any campus bookstore; and
(C) On the institution's website.
(2) The list shall include the International Standard Book Number (ISBN) along with other relevant information.
(3) An institution shall post a book to the listing at the time the instructor or academic department identifies the required textbook for order and subsequent student purchase.
(d) (g) 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) (h) 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.
(i) Each governing board shall promulgate a rule in accordance with the provisions of section six, article one of this chapter to implement the provisions of this section.
(j) This section applies to textbook sales and bookstores supported by an institution's auxiliary services and those operated by a private contractor.




NOTE: The purpose of this bill is to prohibit colleges from requiring students to purchase bundled textbook packages; prohibit faculty from receiving benefits for requiring specific textbooks; and require colleges to post detailed listings of all required textbooks at the institution.

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