Bill Text: MS SB2553 | 2010 | Regular Session | Introduced

Mississippi Senate Bill 2553 (Prior Session Legislation)

Introduced

Bill Title: "Mississippi Postsecondary Textbook Transparency Act of 2010"; enact to assist students in obtaining the lowest textbook cost.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [SB2553 Detail]

Download: Mississippi-2010-SB2553-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Universities and Colleges

By: Senator(s) Burton

Senate Bill 2553

AN ACT TO ENACT THE "MISSISSIPPI POSTSECONDARY TEXTBOOK TRANSPARENCY ACT OF 2010"; TO REQUIRE PUBLISHERS SELLING OR DISTRIBUTING MATERIAL FOR USE IN UNIVERSITY CLASSROOMS TO DISCLOSE CERTAIN PRICING INFORMATION, FORMAT REVISIONS AND RETURN POLICIES REGARDING THE PURCHASE OF TEXTBOOKS BY STUDENTS; TO DIRECT UNIVERSITY INSTRUCTORS TO PROVIDE ADEQUATE NOTICE OF ORDERS TO APPROPRIATE BOOKSTORES IN ORDER THAT THE INSTRUCTOR SHALL BE INFORMED AS TO PRICE, FORMAT AVAILABILITY, AND ANY PLANS FOR REVISION OF THE TEXTBOOK; TO REQUIRE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO DEVELOP MATERIALS NECESSARY TO INFORM FACULTY AND STUDENTS AS TO METHODS TO OBTAIN THE LOWEST TEXTBOOK COST; TO AUTHORIZE THE ESTABLISHMENT OF A PILOT TEXTBOOK RENTAL PROGRAM FOR UNIVERSITY STUDENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Textbook pricing and access. (1) Short title. This section may be cited as the "Mississippi Postsecondary Textbook Transparency Act of 2010."

(2) Purpose and intent. 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. The purpose of this section 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 Mississippi that any university that receives money from the state must work to find ways to decrease the cost of textbooks for students.

(3) Definitions. For purposes of this section, the following terms shall have the meaning described:

(a) "Institution of higher learning" means a public institution of higher learning located in the State of Mississippi.

(b) "College textbook" means a textbook or a set of textbooks used for a course on postsecondary education at a public institution of higher learning.

(c) "Products" means 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.

(d) "Supplemental material" means education material published or produced to accompany a college textbook.

(e) "Bundled" means a group of objects joined together by packaging or required to be purchased as an indivisible unit.

(4) Publisher disclosure. Each publisher of college textbooks shall make available with any written marketing materials to a prospective purchaser of its products who is a member of the faculty of a public institution of higher learning.

(a) The price at which the publisher makes the products available to the store on the campus of such institution offering such products to students;

(b) The history of revisions for such products, if any;

(c) Whether the college textbook or supplemental material is available in any other format, including paperback and unbound, and the price at which the publisher will make the college textbook or supplemental material in the other format available to the bookstore on campus of, or otherwise associated with, the approved public institution of higher education;

(d) The substantial content revisions for such products made between a current textbook edition and the previous edition shall be printed on the outer cover or within said textbook;

(e) Copyright dates of the previous editions; and

(f) Whether the products are available in any other format, including paperback and unbound, and the price at which the publisher would make the products in the other formats available to the campus bookstore.

(5) A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single-bundled item shall also sell the college textbook and each supplemental material as separate and unbundled items. The publisher shall make available the revision history of a college textbook for the bookstore to provide to students at the point of sale.

(6) Where existing technology and contracts make it feasible, a public institution of higher learning 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.

(7) Faculty minimum textbook requirements. The Board of Trustees of State Institutions of Higher Learning shall develop policies for minimizing the cost of textbooks and course materials used at public institutions of higher learning while maintaining quality of education and academic freedom. These policies shall require that:

(a) Faculty members submit lists of required textbooks and course materials to any on-campus bookstore in a timely manner to ensure that a sufficient quantity of such textbooks and materials are available for purchase when courses begin and that such lists, along with other relevant information concerning textbooks and course materials, including, but not limited to, any International Standard Book Number (ISBN), be make available to students on the institution's Web site;

(b) Any on-campus bookstore disclose to faculty members on a per course basis the costs to students of purchasing the required textbooks and course materials and that faculty members affirmatively acknowledge the price of the textbooks and materials before an order is completed;

(c) Faculty members consider the least costly practices in assigning textbooks and course materials, such as adopting the least expensive edition of a textbook available when educational content is comparable to a more costly edition as determined by the faculty member and working closely with publishers and bookstores to create bundles and packages only if they deliver cost savings to students;

(d) Any on-campus bookstore selling textbooks to students as part of a bundled package with other study products recommended by the publisher also provide students the option of purchasing such textbooks and other study products separately from each other, if possible;

(e) Any on-campus bookstore actively promote and publicize book buy-back programs;

(f) Copies of textbooks shall be made available for student use at no cost through the academic department or through the reserve system of the institution's library;

(g) Faculty members shall work with the bookstores to review timeliness and the process of turning in book adoptions. This date shall be no later than thirty (30) days prior to the last day of classes for the semester; and

(h) Faculty members shall work with publishers in providing online versions of books whenever it is conducive to the coursework.

(8) Textbook rental pilot programs. The Board of Trustees of State Institutions of Higher Learning is authorized to establish a textbook rental program for the students of a single campus under their jurisdiction that meets the following conditions:

(a) The student government association of the campus votes to request a textbook rental program; and

(b) Any existing contracts or other established arrangements with entities operating bookstores allow or can be made to accommodate a textbook rental program.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.