WEST virginia legislature
2020 regular session
House Bill 4729
By Delegates Linville, Ellington, Summers, Higginbotham, Barnhart, Maynard, Graves, Foster, McGeehan, Hanna and Pack
[Introduced February 06, 2020; Referred to the Committee on Education]
A BILL to amend and reenact §18B-10-14 of the Code of West Virginia, 1931, as amended, relating to requiring previous version or edition of a textbook, unless governing board of an institution of higher learning approves need for most recent version or edition.
Be it enacted by the Legislature of West Virginia:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.
(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 shall ensure that bookstores operated at institutions under its jurisdiction minimize the costs to students of purchasing textbooks. The governing board may:
(1) Require the repurchase and resale of textbooks on an institutional or a statewide basis; and
(2) Provide for the use of certain basic textbooks for a reasonable number of years.
(d) The Legislature recognizes that in 2004, the Congress of the United States commissioned the United States Government Accountability Office to study the high prices of college textbooks. Upon completion of the study, the Legislative Oversight Commission on Education Accountability shall obtain the results and any related reports produced by the office.
(e) Each governing board shall require that instructional materials used in its institutions are a previous version or edition unless the professor or instructor provides the governing board an acceptable explanation as to why the most recent version or edition of the instructional materials are necessary, including an assertion stating whether or not the professor or instructor contributed to the authorship of the instructional material and receives any remuneration directly or indirectly therefor. The board of governors shall approve or deny any request by the professor or instructor to use the most recent version of the instructional materials.
employee of a governing board:
(1) May not:
(A) Receive a payment, loan, subscription, advance, deposit of money, service, benefit or thing of value, present or promised, as an inducement for requiring students to purchase a specific textbook for coursework or instruction; or
(B) Require for any course a textbook that includes his or her own writing or work if the textbook incorporates either detachable worksheets or workbook-style pages intended to be written on or removed from the textbook. This provision does not prohibit an employee from requiring as a supplement to a textbook any workbook or similar material which is published independently from the textbook; and
(2) May receive:
(A) Sample copies, instructor's copies and instructional material which are not to be sold; and
(B) Royalties or other compensation from sales of textbooks that include the employee's own writing or work.
governing board shall provide to students a listing of textbooks required or
assigned for any course offered at the institution.
(1) The listing shall be prominently posted:
(A) In a central location at the institution;
(B) In any campus bookstore; and
(C) On the institution's website.
(2) The list shall include for each textbook the International Standard Book Number (ISBN), the edition number and any other relevant information.
(3) An institution shall post a book to the listing when the adoption process is complete and the textbook is designated for order by the bookstore.
(g)(h) All moneys derived from the operation of the bookstore shall be paid into a special revenue fund as provided in §12-2-2 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.
(h)(i) 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.
(i)(j) Each governing board shall promulgate a rule in accordance with the provisions of section six, article one of this chapter to implement the provisions of this section.
(j)(k) This section applies to textbook sales and bookstores supported by an institution's auxiliary services and those operated by a private contractor.
NOTE: The purpose of this bill is to require higher education institutions to use previous versions or editions of instructional materials unless the board of governors approves need for most recent version or edition.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.