SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
94TH GENERAL ASSEMBLY
Reported from the Committee on Higher Education March 12, 2008 with recommendation that House Committee Substitute for House Bill No. 2048 Do Pass by Consent. Referred to the Committee on Rules pursuant to Rule 25(21)(f).
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 173, RSMo, by adding thereto one new section relating to college textbooks.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 173, RSMo, is amended by adding thereto one new section, to be known as section 173.955, to read as follows:
173.955. 1. The provisions of this section shall be known as the "Textbook Transparency Act". For purposes of this section, the following terms mean:
(1) "Adopter", any faculty member or academic department at an approved institution of higher education responsible for considering and choosing course materials to be utilized in connection with the accredited courses taught at the approved institution of higher education;
(2) "Approved institution of higher education", an educational institution located in Missouri which:
(a) Is directly controlled or administered by a public agency or political subdivision;
(b) Receives appropriations directly or indirectly from the general assembly for operating expenses;
(c) Provides a postsecondary course of instruction at least six months in length leading to or directly creditable toward a degree or certificate;
(d) Meets the standards for accreditation as determined by either the North Central Association of Colleges and Secondary Schools, or if a public junior college created under the provisions of sections 178.370 to 178.400, RSMo, meets the standards established by the coordinating board for higher education for such public junior colleges, or by other accrediting bodies recognized by the United States Office of Education or by utilizing accreditation standards applicable to the institution as established by the coordinating board for higher education;
(e) Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is otherwise in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto;
(f) Permits faculty members to select textbooks without influence or pressure by any religious or sectarian source;
(3) "College textbook", a textbook or a set of textbooks used for a course on postsecondary education at an approved public institution of higher education;
(4) "Integrated textbook", a college textbook that:
(a) Is combined with materials developed by a third party and that, by third-party contractual agreement, may not be offered by publishers separately from the college textbook with which the materials are combined; or
(b) Includes functionally interdependent course materials designed to be used solely as a single unit and whose separation would substantially degrade the academic content so that it would not be usable to the student;
(5) "Products", all versions of a college textbook or set of college textbooks, except custom textbooks or special editions of textbooks, available in the subject area for which a prospective purchaser is teaching a course, including supplemental material, both when sold together or separately from a college textbook;
(6) "Supplemental material", educational material that may accompany a college textbook, including printed materials, computer disks, website access, and electronically distributed materials, that is neither:
(a) Bound by third-party contractual agreements to be sold in an integrated textbook; nor
(b) A component of an integrated textbook.
2. Each publisher of college textbooks shall provide, upon request, the following information to faculty members or adopters at an approved institution of higher education, whenever the publisher provides a faculty member or adopter with information about the publisher's products:
(1) The suggested retail price, the estimated wholesale price, or the price at which the publisher makes the products available to the public;
(2) The substantial content revisions for such products made between a current textbook edition and the previous edition, if any;
(3) The copyright dates of all previous editions of such college textbook in the preceding ten years, if any; and
(4) Whether the products are available in any other format, including paperback and unbound, and the suggested retail price, the estimated wholesale price, or the price at which the publisher makes the products available to the public in the other format.
3. A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundle shall also make available the college textbook and each supplemental material as separate and unbundled items, each separately priced.
4. Where existing technology and contracts make it feasible, an approved public institution of higher education shall develop a policy that permits students to use financial aid that has not been disbursed for tuition or fees to purchase required textbooks for courses taught at the institution at stores on the campus of the institution.
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