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To enact section 3345.35 of the Revised Code to | 1 |
require publishers to disclose the price of | 2 |
college textbooks to faculty and others upon | 3 |
request, to prohibit faculty and others from | 4 |
receiving certain gifts in exchange for adopting | 5 |
specific course material for course instruction, | 6 |
and to impose other requirements and prohibitions | 7 |
relating to college textbook pricing. | 8 |
Section 1. That section 3345.35 of the Revised Code be | 9 |
enacted to read as follows: | 10 |
Sec. 3345.35. (A)(1) A publisher, or agent or employee of a | 11 |
publisher, shall respond in a timely manner to an adopter's | 12 |
request for any of the following information: | 13 |
(a) A list of the products offered for sale by that publisher | 14 |
that are relevant to the needs and interests of adopters; | 15 |
(b) The price at which a new textbook is available from the | 16 |
publisher; | 17 |
(c) The copyright date of any previous edition of a textbook; | 18 |
(d) A list of the substantive content differences or changes | 19 |
made between the new edition of a textbook and the previous | 20 |
edition, including new chapters, additional eras of time, new | 21 |
themes, and new subject matter, if the new edition was published | 22 |
on or after the first day of January, 2012. | 23 |
(2) The information described in division (A)(1) of this | 24 |
section shall be made available to the adopter in print or | 25 |
electronic format. | 26 |
(B)(1) On or after the first day of January, 2012, each | 27 |
publisher shall print on the outer cover of, or within, every new | 28 |
edition of a textbook a summary of the substantive content | 29 |
differences between the new edition and the previous edition | 30 |
together with the copyright date of the previous edition. | 31 |
(2) A publisher shall note on the exterior of an instructor | 32 |
copy or complimentary teacher edition that the book is an | 33 |
instructor's copy and is not for resale. | 34 |
(C)(1) No publisher or campus bookstore shall solicit any | 35 |
faculty member of an institution of higher education for the | 36 |
purpose of selling instructor copies or complimentary teacher's | 37 |
editions of textbooks that have been provided by a publisher at no | 38 |
charge to a faculty member or other employee of an institution of | 39 |
higher education. Division (C)(1) of this section does not apply | 40 |
to any complimentary copy or review course material that is sent | 41 |
by a publisher unsolicited by a faculty or staff member. | 42 |
(2) No adopter shall demand or receive anything of value, | 43 |
including the donation of equipment or goods, or any payment, | 44 |
loan, advance, or deposit of money, present or promised, for | 45 |
adopting specific course materials required for coursework or | 46 |
instruction, except that an adopter may receive any of the | 47 |
following: | 48 |
(a) Complimentary copies, review course materials, or | 49 |
instructor copies, provided that the adopter does not sell the | 50 |
instructor copies; | 51 |
(b) Royalties or other compensation from sales of course | 52 |
materials that include the adopter's writing or other work; | 53 |
(c) Honoraria for academic peer review of course materials; | 54 |
(d) Training in the use of course materials and course | 55 |
technologies. | 56 |
(D) No campus bookstore shall engage in any trade of any | 57 |
course material marked or otherwise identified as an instructor | 58 |
copy or complimentary teacher's editions of textbooks. | 59 |
(E) Each campus bookstore at any public institution of higher | 60 |
education shall post in its store or on its internet web site a | 61 |
disclosure of its retail pricing policy on new and used textbooks. | 62 |
(F) This section does not apply to any self-published | 63 |
textbook by an instructor for use with that instructor's class, if | 64 |
the instructor discloses the publishing and use of those materials | 65 |
to his or her employer institution. | 66 |
(G) This section shall not be construed as limiting the | 67 |
authority of faculty over decisions relating to the selection of | 68 |
textbooks. | 69 |
(H) As used in this section: | 70 |
(1) "Adopter" means any faculty member, academic department, | 71 |
or other adopting entity at an institution of higher education | 72 |
responsible for considering and choosing course materials to be | 73 |
used in connection with the accredited courses taught at that | 74 |
institution. | 75 |
(2) "Complimentary copies" or "review course materials" | 76 |
includes books that, in all appearances, are the same as the | 77 |
regular student edition of the textbook, and contain no material | 78 |
other than that found in the regular student edition of the | 79 |
textbook. | 80 |
(3) "Instructor copy" or "complimentary teacher edition" | 81 |
means books with information that is intended for the exclusive | 82 |
use of teachers and not for students, including books that contain | 83 |
answers and solutions, test questions, and pedagogical techniques, | 84 |
and those that are labeled "instructor's edition" or "instructor's | 85 |
manual." | 86 |
(4) "New edition" means a subsequent version of an earlier | 87 |
standard textbook. A standard textbook is the primary, full, and | 88 |
unabridged edition of a textbook. An abridged, alternate format, | 89 |
or alternate version of a standard textbook shall not be | 90 |
considered a new edition. | 91 |
(5) "Publisher" means any person including any publishing | 92 |
house, publishing firm, or publishing company that publishes | 93 |
textbooks or other course materials that are specifically designed | 94 |
for postsecondary instruction. | 95 |
(6) "Textbook" means a book that contains printed material | 96 |
and is intended for use as a source of study material for a class | 97 |
or group of students, a copy of which is expected to be available | 98 |
for the use of each of the students in that class or group. | 99 |
"Textbook" does not include a novel. | 100 |
Section 2. This act shall be known as the College Textbook | 101 |
Affordability Act. | 102 |