74th OREGON LEGISLATIVE ASSEMBLY-…

                                 74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session



                                                       B-Engrossed
                                               Senate Bill 365
                                               Ordered by the House May 29
                           Including Senate Amendments dated May 8 and House Amendments dated
                                                          May 29

     Sponsored by Senator MORRISETTE; Senator WALKER (at the request of OSPIRG, Oregon Student Association)
         (Presession filed.)


                                                             SUMMARY
     The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
     to consideration by the Legislative Assembly. It is an editors brief statement of the essential features of the
     measure.

         Requires college textbook publishers to provide prospective adopters of particular textbook or
     set of textbooks with specified information regarding products. Requires publisher that sells text-
     book bundles to offer prospective adopters and higher education institutions option of ordering
     each component of bundle separately and disclose availability and pricing of separately purchased
     textbook.

 1                                                   A BILL FOR AN ACT
 2   Relating to textbooks.
 3   Be It Enacted by the People of the State of Oregon:
 4        SECTION 1. As used in sections 1 to 3 of this 2007 Act:
 5        (1) "Adopter" means any faculty member or academic department or other adopting en-
 6   tity at a higher education institution responsible for considering and choosing course mate-
 7   rials to be utilized in connection with accredited courses taught at the institution.
 8        (2) "Higher education institution" means:
 9        (a) A community college, as defined in ORS 341.005;
10        (b) A state institution of higher education listed in ORS 352.002;
11        (c) The Oregon Health and Science University;
12        (d) A private institution of higher education located in Oregon; and
13        (e) A bookstore that serves as the primary bookstore for an entity listed in paragraphs
14   (a) to (d) of this subsection.
15        (3) "Special edition" means a bound book that does not constitute a traditional textbook
16   and that may or may not be used for instructional purposes.
17        (4)(a) "Textbook bundle" means a textbook packaged together with other supplemental
18   course materials, including but not limited to workbooks, study guides, online technologies,
19   online course resources, CD-ROMs or other books, to be sold as course material for one
20   price.
21        (b) "Textbook bundle" does not include a textbook that is unusable without the supple-
22   mental course materials, materials that cannot be sold separately due to third-party con-
23   tractual agreements, custom editions or special editions.
24        SECTION 2. (1) A publisher of college textbooks must provide to prospective adopters of
25   a particular textbook or set of textbooks in a subject area in which an instructor is teaching



     NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
     New sections are in boldfaced type.

     LC 1944
                                         B-Eng. SB 365


 1   a course:
 2      (a) A complete list of all the different versions of the particular textbook or set of text-
 3   books in that particular subject area and level in which an instructor is teaching a course,
 4   that are in the relevant language, including supplemental items, whether sold together or
 5   separately;
 6      (b) The year in which each prior edition of the textbook listed in paragraph (a) of this
 7   subsection was published, if applicable; and
 8      (c) The price at which the publisher would make the textbook or set of textbooks listed
 9   in paragraph (a) of this subsection available to adopters and higher education institutions
10   that would resell the components to students.
11      (2) The information described in subsection (1) of this section may be provided in person,
12   by telephone or electronically.   The information must also be accessible to any member of
13   the public and made available on the publishers website, by telephone or by postal or elec-
14   tronic mail.
15      SECTION 3. (1) A publisher of college textbooks that sells textbook bundles shall offer
16   to prospective adopters and higher education institutions the option of ordering each com-
17   ponent of the textbook bundle separately.
18      (2) Any publisher of college textbooks that sells textbook bundles shall disclose to pro-
19   spective adopters the availability of the textbook purchased separately from a textbook
20   bundle and the price at which the publisher would make the separately purchased textbook
21   available to the higher education institution.
22      SECTION 4. Sections 2 and 3 of this 2007 Act apply to textbooks and textbook bundles
23   offered for sale on or after the effective date of this 2007 Act.
24




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