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
Senate Bill 365
Sponsored by Senator MORRISETTE (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 as
introduced.
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.
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. { + (1) As used in this section, 'products'
includes all of the different versions of a particular textbook
or set of textbooks in a particular subject area, including
supplemental items, whether sold together or separately.
(2) A publisher of college textbooks or the publisher's agent
must provide to a prospective purchaser of the publisher's
products in this state a complete list of all of the publisher's
products, the wholesale price of each product and the estimated
length of time that the publisher intends to keep each product on
the market. The list shall be provided at the beginning of any
sales interaction. The list may be provided in person, by
telephone or electronically. The list must also be made available
in an easy-to-locate section of the company's website and
generally be easily accessible by any member of the public. + }
SECTION 2. { + (1) As used in this section:
(a) 'Public 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; and
(C) The Oregon Health and Science University.
(b) 'Textbook bundle' means a textbook offered for sale in
combination with additional related products.
(2) Any person who sells textbook bundles to a public higher
education institution shall offer to the institution the option
of buying each component of the textbook bundle separately.
(3) Any person who sells textbook bundles to a public higher
education institution shall disclose to end users of the textbook
bundles, including college faculty and students, information
indicating the availability and cost of the textbook when
purchased separately from a textbook bundle. The person shall
include this disclosure in all printed, electronic and verbal
communications to end users regarding availability of the
textbook for purchase. + }
SECTION 3. { + Section 2 of this 2007 Act applies to textbooks
purchased on or after the effective date of this 2007 Act. + }
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