HF 2499

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:16pm

A bill for an act
relating to higher education; requiring state college and university bookstores
to provide a policy of price-matching; requesting the University of Minnesota
to provide a policy of price-matching at bookstores operated in its facilities;
enacting a performance goal related to textbook cost reduction; amending
Minnesota Statutes 2014, sections 135A.25, subdivision 5, by adding a
subdivision; 136F.58, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 135A.25, subdivision 5, is amended to read:

Subd. 5.

Bookstores; course materials new text begin and pricing policy new text end .

The University of
Minnesota and private colleges are encouraged to comply with the requirements under
section 136F.58, subdivisions 2, 2a, deleted text begin and deleted text end 3 new text begin , and 5 new text end .

Sec. 2.

Minnesota Statutes 2014, section 135A.25, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Reduction in textbook cost to students; performance goal. new text end

new text begin (a)
Beginning with the appropriation for fiscal year 2018, through the appropriation made for
fiscal year 2021, one percent of the state appropriation in each fiscal year to the Board
of Regents of the University of Minnesota for operations and maintenance is conditional
on demonstration to the commissioner of management and budget that the board has
reduced the average cost to students for textbooks and related course materials by at
least five percent in the previous fiscal year.
new text end

new text begin (b) Beginning with the appropriation for fiscal year 2018, through the appropriation
made for fiscal year 2021, one percent of the state appropriation in each fiscal year to the
Board of Trustees of the Minnesota State Colleges and Universities for operations and
maintenance is conditional on demonstration to the commissioner of management and
budget that the board has reduced the average cost to students for textbooks and related
course materials by at least five percent in the previous fiscal year.
new text end

new text begin (c) No later than August 1, 2016, the Board of Regents of the University of Minnesota
and the Board of Trustees of the Minnesota State Colleges and Universities must each
enter an agreement with the commissioner of higher education and the commissioner of
management and budget on procedures for implementing this subdivision. The agreement
must include planned strategies for reducing costs, along with the numerical indicators
and definitions to be used in demonstrating that the goal provided in this subdivision has
been met. Strategies for reducing costs may include, but are not limited to:
new text end

new text begin (1) textbook buy-back or rental programs;
new text end

new text begin (2) increased availability of used textbooks at a discounted price;
new text end

new text begin (3) increased use of open-source textbooks and related materials;
new text end

new text begin (4) the placement of supplemental materials on reserve at campus library facilities;
and
new text end

new text begin (5) encouraging faculty teaching courses with high-cost materials to seek out and
use materials that are available for a lower cost.
new text end

new text begin (d) No later than April 15, 2017, and each year thereafter, the Board of Regents
and the Board of Trustees must each submit a report to the legislative committees with
jurisdiction over higher education finance and policy on the system's progress toward
meeting the goal provided in this subdivision.
new text end

new text begin (d) The appropriation base for each fiscal year shall include appropriations not made
available for failure to meet the goal provided in this subdivision. All of the appropriation
that is not made available in a fiscal year due to failure to meet the goal is appropriated
to the commissioner of higher education in that fiscal year for the purpose of the state
grant program under section 136A.121.
new text end

new text begin (e) The performance goal provided in this subdivision is in addition to any other
performance goals provided by law.
new text end

Sec. 3.

Minnesota Statutes 2014, section 136F.58, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Price-matching policy. new text end

new text begin (a) A bookstore operated in a state college or
university facility must offer a price-matching policy for the purchase of a new textbook,
if the same textbook is offered for sale at a lesser price by a competing retailer. To the
extent that a bookstore is operated in a college or university facility pursuant to a contract,
the requirements of this subdivision must be included in the terms of the contract.
new text end

new text begin (b) For purposes of this subdivision, "competing retailer" means a retailer operating
online or at a physical location that engages in the business of selling textbooks to students
of that college or university. Competing retailer does not include an individual who resells
new or used textbooks on a secondary market.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
To the extent that a bookstore is operated according to the terms of a contract with a state
college or university, this section applies to contracts entered into on or after that date,
provided that a college or university must make a reasonable effort to renegotiate any
existing contract to include the requirements of this section, if the contract includes terms
that allow for modifications or amendments.
new text end