SB674 SUB1 Senate Bill 674 History

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SB674 SUB1


Senate Bill No. 674

(By Senator Plymale)


[Originating in the Committee on Education;

reported March 24, 2005.]


A BILL to amend and reenact §18B-10-14 of the Code of West Virginia, 1931, as amended, relating to textbook sales at public institutions of higher education; and prohibiting inducements to purchase certain textbooks.

Be it enacted by the Legislature of West Virginia:
That §18B-10-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§18B-10-14. Bookstores; Policies addressing textbook sales and bookstores.

(a) Each governing board may establish and operate a bookstore at the institutions under its jurisdiction to sell books, stationery and other school and office supplies generally carried in college bookstores.
(b) The prices to be charged may not be less than the prices fixed by any fair trade agreements and shall, in all cases, include in addition to the purchase price paid by the bookstore a sufficient handling charge to cover all expenses incurred for personal and other services, supplies and equipment, storage and other operating expenses.
(c) Each governing board also shall ensure that bookstores operated at institutions under its jurisdiction meet the additional objective of minimizing the costs to students of purchasing textbooks by adopting policies which may require the repurchase and resale of textbooks on an institutional or a statewide basis and provide for the use of certain basic textbooks for a reasonable number of years.
(d) All moneys derived from the operation of the bookstore shall be paid into a special revenue fund as provided in section two, article two, chapter twelve of this code. Subject to the approval of the Governor, each governing board periodically shall change the amount of the revolving fund necessary for the proper and efficient operation of each bookstore.
(e) Moneys derived from the operation of the bookstore shall be used first to replenish the stock of goods and to pay the costs of operating and maintaining the bookstore. Notwithstanding any other provision of this section, any institution that has contracted with a private entity for bookstore operation shall deposit into an appropriate account all revenue generated by the operation and enuring to the benefit of the institution. The institution shall use the funds for nonathletic scholarships.
(f) No employee of a state institution of higher education may demand or receive any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, as an inducement for requiring students to purchase a specific textbook required for course work or instruction; with the exception that the employee may receive any or all of the following:
(1) Sample copies;
(2) Instructor's copies; or instructional material, not to be sold; and
(3) Royalties or other compensation from sales of textbooks that include the instructor's own writing or work.
(g) The governing boards shall provide students with listings of textbooks required or assigned for particular courses at the institutions under its jurisdiction.
(1) The lists shall be posted in a standard format in a central campus location and on the relevant institutional website.
(2) The lists shall include the International Standard Book Number (ISBN) along with other information relevant to identification.
(h) Governing boards which maintain a bookstore supported by auxiliary services or operated by a private contractor shall post the listing of these textbooks when the relevant instructor or academic department identifies the required textbooks for order and subsequent student purchase.


(NOTE: The purpose of this bill is to establish a policy for textbook sales at state institutions of higher education and to prohibit employees from receiving inducements to purchase certain textbooks.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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