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H. B. No. 147 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Murray, Foley, Huffman, Williams, B., Phillips, Harwood, Luckie
A BILL
To enact section 3345.35 of the Revised Code to
require publishers to disclose the price of
college textbooks to faculty and others upon
request, to prohibit faculty and others from
receiving certain gifts in exchange for adopting
specific course material for course instruction,
and to impose other requirements and prohibitions
relating to college textbook pricing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3345.35 of the Revised Code be
enacted to read as follows:
Sec. 3345.35. (A)(1) A publisher, or agent or employee of a
publisher, shall respond in a timely manner to an adopter's
request for any of the following information:
(a) A list of the products offered for sale by that publisher
that are relevant to the needs and interests of adopters;
(b) The price at which a new textbook is available from the
publisher;
(c) The copyright date of any previous edition of a textbook;
(d) A list of the substantive content differences or changes
made between the new edition of a textbook and the previous
edition, including new chapters, additional eras of time, new
themes, and new subject matter, if the new edition was published
on or after the first day of January, 2012.
(2) The information described in division (A)(1) of this
section shall be made available to the adopter in print or
electronic format.
(B)(1) On or after the first day of January, 2012, each
publisher shall print on the outer cover of, or within, every new
edition of a textbook a summary of the substantive content
differences between the new edition and the previous edition
together with the copyright date of the previous edition.
(2) A publisher shall note on the exterior of an instructor
copy or complimentary teacher edition that the book is an
instructor's copy and is not for resale.
(C)(1) No publisher or campus bookstore shall solicit any
faculty member of an institution of higher education for the
purpose of selling instructor copies or complimentary teacher's
editions of textbooks that have been provided by a publisher at no
charge to a faculty member or other employee of an institution of
higher education. Division (C)(1) of this section does not apply
to any complimentary copy or review course material that is sent
by a publisher unsolicited by a faculty or staff member.
(2) No adopter shall demand or receive anything of value,
including the donation of equipment or goods, or any payment,
loan, advance, or deposit of money, present or promised, for
adopting specific course materials required for coursework or
instruction, except that an adopter may receive any of the
following:
(a) Complimentary copies, review course materials, or
instructor copies, provided that the adopter does not sell the
instructor copies;
(b) Royalties or other compensation from sales of course
materials that include the adopter's writing or other work;
(c) Honoraria for academic peer review of course materials;
(d) Training in the use of course materials and course
technologies.
(D) No campus bookstore shall engage in any trade of any
course material marked or otherwise identified as an instructor
copy or complimentary teacher's editions of textbooks.
(E) Each campus bookstore at any public institution of higher
education shall post in its store or on its internet web site a
disclosure of its retail pricing policy on new and used textbooks.
(F) This section does not apply to any self-published
textbook by an instructor for use with that instructor's class, if
the instructor discloses the publishing and use of those materials
to his or her employer institution.
(G) This section shall not be construed as limiting the
authority of faculty over decisions relating to the selection of
textbooks.
(H) As used in this section:
(1) "Adopter" means any faculty member, academic department,
or other adopting entity at an institution of higher education
responsible for considering and choosing course materials to be
used in connection with the accredited courses taught at that
institution.
(2) "Complimentary copies" or "review course materials"
includes books that, in all appearances, are the same as the
regular student edition of the textbook, and contain no material
other than that found in the regular student edition of the
textbook.
(3) "Instructor copy" or "complimentary teacher edition"
means books with information that is intended for the exclusive
use of teachers and not for students, including books that contain
answers and solutions, test questions, and pedagogical techniques,
and those that are labeled "instructor's edition" or "instructor's
manual."
(4) "New edition" means a subsequent version of an earlier
standard textbook. A standard textbook is the primary, full, and
unabridged edition of a textbook. An abridged, alternate format,
or alternate version of a standard textbook shall not be
considered a new edition.
(5) "Publisher" means any person including any publishing
house, publishing firm, or publishing company that publishes
textbooks or other course materials that are specifically designed
for postsecondary instruction.
(6) "Textbook" means a book that contains printed material
and is intended for use as a source of study material for a class
or group of students, a copy of which is expected to be available
for the use of each of the students in that class or group.
"Textbook" does not include a novel.
Section 2. This act shall be known as the College Textbook
Affordability Act.
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