ENGROSSED HOUSE
BILL NO. 1434	By:	Turner and Virgin of the House

			and

		Shortey of the Senate

An Act relating to higher education; creating the Modern Student Personal Budgeting Act; amending 70 O.S. 2011, Section 3241.1, which relates to the instructional materials policy; expanding legislative intent; requiring instructional materials policies to include requirements for course syllabi; providing for noncodification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Modern Student Personal Budgeting Act”.
SECTION 2.     AMENDATORY     70 O.S. 2011, Section 3241.1, is amended to read as follows:
Section 3241.1  A.  It is the intent of the Legislature to:
1.  Give students enrolled in institutions in The Oklahoma State System of Higher Education information about the textbook, instructional material and other costs associated with each course and to give students more choices for purchasing textbooks and instructional materials;
2.  Encourage higher education faculty and staff to work closely with bookstores and publishers to implement the least costly option without sacrificing educational content; and
3.  Provide maximum cost savings to students.
B.  As used in this section:
1.  “Instructional material” means any textbooks, workbooks, CD-ROMs, and other course-related material that are published with the intent that they be used for or in conjunction with classroom instruction and that are adopted for academic use by the faculty or the person or entity in charge of selecting learning materials at the institution within The Oklahoma State System of Higher Education;
2.  “Bundled” means a textbook and other supplemental instructional materials that may be packaged together to be sold as course materials for one price but shall not include integrated textbooks that cannot be sold separately due to third-party contractual agreements, custom editions, or special editions;
3.  “Integrated textbook” means a 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 textbook with which the materials are combined, or
b.	is combined with other materials that are so interrelated with the intent of the textbook that the separation of the textbook from the other materials would render the textbook unusable for its intended purpose; and
4.  “Custom edition” means instructional material that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution, and may include, alone or in combination, items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, and elements unique to a specific institution, such as commemorative editions.
C.  Each board of regents of an institution or group of institutions within The Oklahoma State System of Higher Education shall adopt an instructional material policy that requires:
1.  Bookstores located on campus or bookstores which contract with the institution to provide bookstore services to students to:
a.	provide students with the option of purchasing instructional materials that are unbundled when possible, disclose to faculty and staff the costs to students of purchasing instructional materials, and disclose publicly how new editions vary from previous editions,
b.	actively promote and publicize book buy-back programs, and
c.	disclose retail costs for instructional materials on a per-course basis to faculty and staff and make this information publicly available; and
2.  Higher education faculty and staff members to consider the least costly practices in assigning instructional materials for a course, such as adopting the least expensive edition available when educational content is comparable as determined by the faculty and working closely with publishers and bookstores to create bundles and packages if they deliver cost savings to students; and
3.  Higher education faculty and staff members when providing students a syllabus for a course to include in the syllabus the course material information which is required to be disclosed by a bookstore pursuant to subparagraph c of paragraph 1 of this subsection and any laboratory fees required for the course.  If the syllabus is provided to students electronically, it shall include a hyperlink that will allow students to view the course information required pursuant to this paragraph.  The electronic syllabus hyperlink shall also be made available to students at the time of electronic enrollment.
D.  In developing an instructional material policy as required in subsection C of this section, each board of regents shall work with and seek input from bookstores, publishers, students and faculty representatives.
E.  Each publisher of instructional material used by students enrolled at institutions in The Oklahoma State System of Higher Education shall make available to the faculty and staff of that institution the:
1.  Price The price at which the publisher will make the instructional materials available to bookstores, either those located on campus of the institution or those which have a contract with the institution to provide bookstore services to students; and
2.  A description of the substantial content revisions made between the current edition of the textbook or supplemental material and the previous edition, if any.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the House of Representatives the 5th day of March, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the ___ day of __________, 2013.

	
	Presiding Officer of the Senate