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
 
                           B-Engrossed
 
                         Senate Bill 365
                   Ordered by the House May 29
  Including Senate Amendments dated May 8 and House Amendments
                              dated
                             May 29
 
Sponsored by Senator MORRISETTE; Senator WALKER (at the request
  of OSPIRG, Oregon Student Association) (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.
 
  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  { + prospective adopters and + }
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.
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) 'Special edition' means a bound book that does not
constitute a traditional textbook and that may or may not be used
for instructional purposes.
  (4)(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 a textbook that is
unusable without the supplemental course materials, materials
that cannot be sold separately due to third-party contractual
agreements, custom editions or special editions. + }
  SECTION 2.  { + (1) A publisher of college textbooks must
provide to prospective adopters of a particular textbook or set
of textbooks in a subject area in which an instructor is teaching
a course:
  (a) A complete list of all the different versions of the
particular textbook or set of textbooks in that particular
subject area and level in which an instructor is teaching a
course, that are in the relevant language, including supplemental
items, whether sold together or separately;
  (b) The year in which each prior edition of the textbook listed
in paragraph (a) of this subsection was published, if applicable;
and
  (c) The price at which the publisher would make the textbook or
set of textbooks listed in paragraph (a) of this subsection
available to adopters and higher education institutions that
would resell the components to students.
  (2) The information described in subsection (1) of this section
may be provided in person, by telephone or electronically.  The
information must also be accessible to any member of the public
and made available on the publisher's website, by telephone or by
postal or electronic mail. + }
  SECTION 3.  { + (1) A publisher of college textbooks that sells
textbook bundles shall offer to prospective adopters and 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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