74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SMRA to SB 365
 
LC 1944/SB 365-MR4
 
                     SENATE MINORITY REPORT
                          AMENDMENTS TO
                         SENATE BILL 365
 
                              May 8
 
President Courtney:
  A minority of your Committee on Education and General
Government, to whom was referred Senate Bill 365, having had the
same under consideration, respectfully reports it back with the
recommendation that it do pass with the following amendments:
 
  On page 1 of the printed bill, delete lines 3 through 30.
  On page 2, delete lines 1 through 8.
  Delete lines 10 through 36 and insert:
  '  { +  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. + } ' .
 
                         /s/ Jeff Kruse
                           Senator
 
                         /s/ Frank Morse
                           Senator
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