74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1944
A-Engrossed
Senate Bill 365
Ordered by the Senate May 8
Including Senate Amendments dated May 8
Sponsored by Senator MORRISETTE; Senator WALKER (at the request
of OSPIRG) (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Directs publishers of college textbooks and their agents
to provide product information to prospective purchasers. Directs
persons who sell textbooks and related products to public
institutions of higher education to offer products individually.
Directs persons to disclose to textbook users availability and
cost of textbooks when purchased separately. - }
{ + Requires college textbook publishers to provide
prospective adopters of particular textbook or set of textbooks
with specified information regarding products. Requires publisher
that sells textbook bundles to offer higher education
institutions option of ordering each component of bundle
separately and disclose availability and pricing of separately
purchased textbook. + }
A BILL FOR AN ACT
Relating to textbooks.
Whereas textbooks are an essential part of a comprehensive and
high-quality post-secondary education; and
Whereas the availability and affordability of textbooks
directly impact the quality and affordability of post-secondary
education; and
Whereas it is in the best interests of the state that
high-quality course materials be available and affordable to
students; and
Whereas textbooks are expensive and textbook prices are, as of
2005, 26 percent of the cost of tuition at an average four-year
university and 72 percent of tuition at the average community
college; and
Whereas textbook publishers artificially inflate prices through
a number of practices, including undermining the used book market
by often producing new editions of textbooks that contain few, if
any, changes from one edition to the other, by inflating textbook
prices by bundling textbooks with additional items that both
students and faculty report they do not actually use for class,
but that drive up textbook prices, and by keeping faculty members
uninformed about the costs of textbooks, so that faculty are
unable to make educated purchasing decisions for their students;
and
Whereas it is important to deliver to students high-quality
materials that are affordable; and
Whereas textbook publishers should produce textbooks that are
as inexpensive as possible without sacrificing the educational
quality of the textbooks; and
Whereas textbook publishers should keep their products on the
market for as long as possible without sacrificing educational
quality, and textbooks should be revised only for the purpose of
adding significant new content that is pertinent to the subject;
and
Whereas textbook publishers should disclose to faculty members
and the public all of the different products they sell, list how
much each of those products cost and state the length of time for
which they intend to produce each product; and
Whereas textbook publishers should ensure that any textbooks
and supplementary items that are bundled together should also be
available for purchase separately; and
Whereas faculty should consider the least costly practices in
assigning textbooks when these practices are educationally sound,
as determined by the appropriate faculty; and
Whereas college and university bookstores are encouraged to
coordinate with faculty to review timelines and processes
involved in ordering and stocking selected textbooks, disclose
textbook costs to faculty and students and actively promote and
publicize book buyback programs; and
Whereas colleges and universities are encouraged to promote a
vibrant used book market, including but not limited to used book
exchange programs and rental programs; and
Whereas the Legislative Assembly finds and declares that the
production and pricing of college textbooks deserves a high level
of attention from educators and lawmakers because production and
pricing impact the quality and affordability of higher education;
now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 3 of this 2007 Act:
(1) 'Adopter' means any faculty member or academic department
or other adopting entity at a higher education institution
responsible for considering and choosing course materials to be
utilized in connection with accredited courses taught at the
institution.
(2) 'Higher education institution' means:
(a) A community college as defined in ORS 341.005;
(b) A state institution of higher education listed in ORS
352.002;
(c) The Oregon Health and Science University;
(d) A private institution of higher education located in
Oregon; and
(e) A bookstore that serves as the primary bookstore for an
entity listed in paragraphs (a) to (d) of this subsection.
(3)(a) 'Textbook bundle' means a textbook and other
supplemental course materials, including but not limited to
workbooks, study guides, online technologies, online course
resources, CD-ROMs or other books, packaged together to be sold
as course material for one price.
(b) 'Textbook bundle' does not include a textbook that is
unusable without the supplemental course materials. + }
SECTION 2. { + (1) A publisher of college textbooks must
provide to prospective adopters of a particular textbook or set
of textbooks in a particular subject:
(a) A complete list of all the different versions of the
particular textbook or set of textbooks in that particular
subject area, in the relevant language, including supplemental
items, whether sold together or separately;
(b) The estimated length of time the publisher intends to keep
each product on the market; and
(c) The wholesale price of each product.
(2) The information described in subsection (1) of this section
may be provided in person, by telephone or electronically. The
information must also be easily accessible by any member of the
public and made available on the publisher's website, if the
publisher has a website. + }
SECTION 3. { + (1) A publisher of college textbooks that sells
textbook bundles shall offer to higher education institutions the
option of ordering each component of the textbook bundle
separately.
(2) Any publisher of college textbooks that sells textbook
bundles shall disclose to prospective adopters the availability
of the textbook purchased separately from a textbook bundle and
the price at which the publisher would make the separately
purchased textbook available to the higher education
institution. + }
SECTION 4. { + Sections 2 and 3 of this 2007 Act apply to
textbooks and textbook bundles offered for sale on or after the
effective date of this 2007 Act. + }
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