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H. B. No. 616 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Terhar, Butler, Thompson, Milkovich, Hagan, C.
A BILL
To enact section 3345.47 of the Revised Code with
regard to the selection, availability, and
purchase of textbooks that are required for a
course offered by any state institution of higher
education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3345.47 of the Revised Code be
enacted to read as follows:
Sec. 3345.47. (A) For purposes of this section:
(1) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(2) "Proprietary textbook" means a textbook that is used,
produced, or marketed under exclusive legal right of any state
institution of higher education or of a faculty member of any
state institution of higher education, and for which the faculty
member or institution earns royalties or other financial benefit
upon the textbook's purchase.
(3) "Customized textbook" means any customized educational
material, any combination of original manuscripts, published
journal articles, book excerpts, photographs, or illustrations,
including, but not limited to, course instructional materials
authored in part by the faculty member who assigned the textbook.
(4) A course of instruction is "exclusively offered" by a
state institution of higher education when the subject matter of
the course is discrete, unique, and not offered by any other state
institution of higher education in the same or substantially
similar format or manner. A course of instruction is not
"exclusively offered" by a state institution of higher education
when the course is transferable as determined by the chancellor of
the Ohio board of regents or as provided for in sections 3333.16,
3333.161, or 3333.162 of the Revised Code.
(B)(1) No state institution of higher education shall
produce, publish, or require a student to purchase a proprietary
or customized textbook unless that textbook is required for a
course of instruction that is exclusively offered by the
institution.
(2) No faculty member of a state institution of higher
education shall require a student to purchase a proprietary
textbook or a customized textbook for use in that faculty member's
course of instruction unless the course of instruction is
exclusively offered by the institution.
(C) If a student is required to purchase or use a specific
textbook for a course offered by any state institution of higher
education, that textbook shall be made available for purchase
through at least two suppliers, one of which shall not be an
entity owned or affiliated with the institution. This division
does not apply to any textbook that is required for a course of
instruction that is exclusively offered by the institution.
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