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
 
                         Minority Report
 
                           A-Engrossed
 
                         Senate Bill 365
                   Ordered by the Senate May 8
     Including Senate Minority Report Amendments dated May 8
 
Sponsored by nonconcurring members of the Senate Committee on
  Education and General Government: Senators KRUSE, MORSE
 
 
                             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 publisher that sells textbook
bundles to offer higher education institutions option of ordering
each component of bundle separately and to disclose pricing of
separately purchased components.
  Prohibits employee of higher education institution from
receiving consideration for adopting specific required course
materials. Provides exceptions.
  Prohibits sale or resale of textbooks or course materials
marked or identified as free materials. + }
 
                        A BILL FOR AN ACT
Relating to textbooks.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in this sections 1 to 4 of this 2007
Act:
  (1) 'Adopter of textbooks' means any faculty member, academic
department or other adopting entity at a higher education
institution responsible for considering and choosing course
materials to be utilized in connection with the 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; and
  (d) A private institution of higher education located in
Oregon.
  (3)(a) 'Textbook bundle' means a textbook packaged together
with other supplemental course materials, including but not
limited to workbooks, study guides, online technologies, online
course resources, CD-ROMs or other books, to be sold as course
material for one price.
  (b) 'Textbook bundle' does not include course materials that
are designed solely for sale as an integrated combination of two
or more units, materials that cannot be sold separately due to
third-party contractual agreements, custom editions or special
editions. + }
  SECTION 2.  { + (1) Any publisher of college textbooks who
sells textbook bundles to a higher education institution shall
offer to the institution the option of buying each component of
the textbook bundle separately.
  (2) Any publisher of college textbooks who sells textbook
bundles to a higher education institution shall, upon request,
make available to prospective adopters of textbooks or purchasing
entities of higher education institutions the price at which the
publisher would make the components of the textbook bundle
available to college bookstores that would offer to resell the
components to students. + }
  SECTION 3.  { + (1) Except as provided in subsection (2) of
this section, an employee of a higher education institution may
not demand or receive any payment, loan, advance, deposit of
money or promise thereof in return for adopting specific course
materials required for coursework or instruction.
  (2) An employee of a higher education institution may receive
the following:
  (a) Free review course materials, instructor's copies or
instructional materials that are not intended for resale;
  (b) Royalties or other compensation from sales of course
materials that include the employee's writing or work;
  (c) Honoraria for academic peer review of course materials; and
  (d) Training in the use of course materials or course
technologies. + }
  SECTION 4.  { + (1) A course material vendor or bookstore at a
higher education institution may not solicit employees of a
higher education institution for the purpose of obtaining for
resale free review course materials not intended for resale and
that have been provided by a college textbook publisher at no
charge to the employee.
  (2) A bookstore at a higher education institution may not sell
or resell college textbooks or other course materials marked or
identified as free review course materials. + }
  SECTION 5.  { + Section 2 of this 2007 Act applies to textbooks
purchased on or after the effective date of this 2007 Act. + }
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