Senate Bill No. 674
(By Senator Plymale)
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[Introduced March 21, 2005; referred to the Committee
on Education.]
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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:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§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 at a West Virginia public college or
university shall 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 coursework or instruction; with the
exception that the employee may receive: (i) Sample copies,
instructor's copies, or instructional material, not to be sold; and
(ii) royalties or other compensation from sales of textbooks that
include such instructor's own writing or work.
(g) The governing boards shall implement procedures for
making available to students in a central location and in a
standard format on the relevant institutional website listings of
textbooks required or assigned for particular courses at the
institution.
(h) The lists of those required or assigned textbooks for
each particular course shall include the International Standard
Book Number (ISBN) along with other relevant information.
(i) Institutions maintaining 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 public institutions of higher education and
prohibiting 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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