HF 1508

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to higher education; creating a textbook pricing and access act;
establishing a pilot textbook rental program; requiring a report; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 135A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [135A.25] TEXTBOOK PRICING AND ACCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the Textbook Pricing and
Access Act.
new text end

new text begin Subd. 2. new text end

new text begin Purpose and intent. new text end

new text begin The increasing cost of postsecondary education
and the sharp increase in the price of textbooks, along with new and costly packaging
techniques, puts a greater financial burden on the students and threatens their opportunity
for higher education.
new text end

new text begin The purpose of this act is to ensure that every student in higher education is offered
better and more timely access to affordable textbooks. It is the policy of the state of
Minnesota that any postsecondary institution that receives money from the state must
work to find ways to decrease the cost of textbooks for students. Therefore, the legislature
finds and declares all of the following:
new text end

new text begin (1) It is in the best interests of the state of Minnesota that high-quality course
materials be available and affordable to students.
new text end

new text begin (2) It is critical that each student has access to all required textbooks prior to the
start of their classes.
new text end

new text begin (3) To deliver high-quality materials to students that are affordable, all of the
following should occur:
new text end

new text begin (i) textbook publishers should produce textbooks that are as inexpensive as possible
without sacrificing educational quality;
new text end

new text begin (ii) textbook publishers should keep their products on the market for as long as
possible without sacrificing educational quality and textbook revisions should only be
done when the new content is significant;
new text end

new text begin (iii) textbook publishers should disclose to faculty members and the public all of
the different products they sell, the price of each product, and how long they intend to
produce each product;
new text end

new text begin (iv) textbook publishers should ensure that any textbooks and supplementary items
bundled together should also be available for purchase separately;
new text end

new text begin (v) faculty should consider the least costly practices in assigning textbooks,
consistent with educationally sound practices;
new text end

new text begin (vi) bookstores should work with faculty to review timeliness and processes for
ordering and stocking textbooks, disclose textbook costs, and actively promote and
publicize book buyback programs; and
new text end

new text begin (vii) postsecondary institutions should do everything possible to promote a vibrant
used book market, including, but not limited to, exchange programs, buyback programs,
and textbook rental programs.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following definitions
have the meaning given.
new text end

new text begin (1) "Bundled" means a textbook and any other learning material packaged together
to be sold for one price, including, but not limited to; workbooks, dictionaries, cd-roms,
and books.
new text end

new text begin (2) "Bookstore" means a store that is in the business of selling textbooks,
supplemental learning materials, bundled textbook packages, or school-related supplies on
the campus of or in the near vicinity of a postsecondary institution in Minnesota.
new text end

new text begin (3) "Publisher" means publishing house, firm, or company that publishes printed
material.
new text end

new text begin (4) "Required textbook" means any textbook, bundled or unbundled, that is required
for a course.
new text end

new text begin (5) "Supplemental learning material" means learning materials used in teaching a
course that supplement the primary textbook in the form of another book, workbook, or
a cd-rom.
new text end

new text begin Subd. 4. new text end

new text begin Textbook bundling; publisher disclosure. new text end

new text begin (a) No postsecondary
institution shall have business dealings related to the sale of textbooks with any publisher
that is in violation of this act.
new text end

new text begin (b) A publisher engaging in a discussion on the sale of any textbook with any faculty
member at a postsecondary institution must, at the time of an offering, disclose in writing:
new text end

new text begin (1) all modifications to all textbook editions printed within the last ten years;
new text end

new text begin (2) the price of all textbooks;
new text end

new text begin (3) the modifications to all supplemental learning materials within the last ten years;
new text end

new text begin (4) the price of all supplemental learning materials;
new text end

new text begin (5) the total price of the bundled materials if a sale includes supplemental learning
materials bundled with a textbook; and
new text end

new text begin (6) the modifications to all supplemental learning materials that are bundled with a
textbook within the last ten years.
new text end

new text begin Subd. 5. new text end

new text begin Faculty specificity for textbooks. new text end

new text begin Any faculty member or entity in charge
of selecting textbooks, supplemental learning materials, and bundled textbook packages:
new text end

new text begin (1) must consider the least costly practices in assigning textbooks, consistent with
educationally sound practices as determined by the appropriate faculty or entity;
new text end

new text begin (2) must consider the use of textbooks, supplemental learning materials, and bundled
textbook packages for a longer period of time, to the extent they are not outdated;
new text end

new text begin (3) work with bookstores to review timeliness and the processes involved in ordering
and stocking selected course materials, disclose textbook costs to students, and actively
promote and publicize book buyback programs;
new text end

new text begin (4) must provide a written statement to the postsecondary institution detailing the
textbooks or supplemental learning materials, whether bundled or unbundled, that are
required for each course and any textbooks or supplementary learning materials, bundled
or unbundled, that are recommended for the course; and
new text end

new text begin (5) must provide a written statement to the postsecondary institution indicating the
earliest edition of any required textbook that may be effective for use by a student for
a particular course.
new text end

new text begin Nothing in this act shall prohibit the faculty member from requiring the most recent
edition of a textbook.
new text end

new text begin Subd. 6. new text end

new text begin Bundling restrictions. new text end

new text begin (a) A publisher may bundle together a required
textbook and any other required textbook or required supplemental learning material.
new text end

new text begin (b) Any bookstore or faculty member that places an order with a publisher for a
required textbook or required supplemental learning material bundled with a textbook or
supplemental learning material that is not required must also order the textbook in an
unbundled form in at least the same quantity as in the bundled form. The requirement
for ordering equal quantities does not apply after an initial shipment of bundled and
unbundled textbooks if both the faculty member and the bookstore determine that there is
a disproportionate need for either bundled or unbundled textbooks.
new text end

new text begin Subd. 7. new text end

new text begin Notice to purchase. new text end

new text begin At student registration, all bookstores and
postsecondary institutions must make available a listing of all textbooks and supplemental
learning materials required and recommended for courses taught during the upcoming
term. The list must include the International Standard Book Number (ISBN) for each
textbook. The listing must be available on the Internet with the link communicated to
students, or posted in a nonrestricted area of the bookstore if a Web site is unavailable.
new text end

new text begin Subd. 8. new text end

new text begin Textbook affordability. new text end

new text begin Bookstores under this section must adopt policies
to price required textbooks and supplemental learning materials so these are affordable
to students. All postsecondary institutions that distribute financial aid to students must
establish a policy and procedures to provide credit or financial aid for the purchase of
required textbooks and supplies at any bookstore under this section.
new text end

Sec. 2. new text begin TEXTBOOK RENTAL PILOT PROGRAMS.
new text end

new text begin (a) The governing boards of the University of Minnesota and Minnesota State
Colleges and Universities are each authorized to establish a textbook rental program
for the students of a single campus with an enrollment up to 5,000 students that meets
the following conditions:
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new text begin (1) the student government association of the campus votes to request a textbook
rental program; and
new text end

new text begin (2) any existing contracts or other established arrangements with entities operating
bookstores allow or can be made to accommodate a textbook rental program.
new text end

new text begin (b) A campus with a pilot project may convene a task force to determine
recommended procedures and policies to establish and operate a textbook rental program.
The task force must include, but is not limited to, students, faculty, administrators, and
bookstore managers.
new text end

new text begin (c) A pilot textbook rental program must comply with the following requirements:
new text end

new text begin (1) the program must be self-sustaining through revenue generated from student
tuition and fees, excluding the initial startup costs to be paid from supplemental funding
from other sources;
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new text begin (2) the average annual textbook rental cost for full-time students must not exceed 33
percent of the average annual retail purchase cost of textbooks for full-time students;
new text end

new text begin (3) the program must not limit the rights of faculty to select appropriate textbooks
in accordance with established policies and procedures;
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new text begin (4) students must have the option to purchase textbooks they rent under the program;
new text end

new text begin (5) the program may be disbanded with the approval of the student government
association of the campus; and
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new text begin (6) the campus must report to the Minnesota Office of Higher Education for a
minimum of four years any information required to effectively evaluate the pilot textbook
rental program including savings to students, system efficiency, and faculty satisfaction.
After four years, the Minnesota Office of Higher Education must report the findings of
the pilot textbook rental study to the chairs of committees of the legislature responsible
for higher education.
new text end

new text begin (d) A participating campus with a textbook rental program may do the following:
new text end

new text begin (1) charge a campus-based or course-based textbook rental fee to each student as
a part of tuition or mandatory fees to cover the costs of administering the program and
maintaining an appropriate stock of textbooks;
new text end

new text begin (2) establish policies for the program, including, but not limited to, implementing
practices to achieve the best possible purchase price for textbooks and for the provision
of rental services;
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new text begin (3) charge students a fine for any late, lost, or damaged book, as determined by
the textbook rental service; and
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new text begin (4) establish other procedures required to establish and operate a textbook rental
program in accordance with the provisions of this act.
new text end

Sec. 3. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... is appropriated for fiscal years 2008 and 2009 from the general fund to the
Board of Regents of the University of Minnesota for the purposes of section 2.
new text end

new text begin (b) $....... is appropriated for fiscal years 2008 and 2009 from the general fund to the
Board of Trustees of the Minnesota State Colleges and Universities for the purposes of
section 2.
new text end

new text begin (c) The governing boards may use up to $1,000 of these appropriations per student
for the campus participating in a tuition rental program for startup and administrative
costs. This is a onetime appropriation.
new text end