H.B. 377

1

HIGHER EDUCATION TEXTBOOK FAIRNESS ACT
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Fred C. Cox
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 53B, State System of Higher Education, by requiring
10 institutions of higher learning to solicit bids for textbooks or similar materials.
11 Highlighted Provisions:
12 This bill:
13 . requires an institution of higher learning to solicit bids from publishers before
14 assigning a textbook or other written material to students; and
15 . requires that if the institution selects a textbook or other written material that is not
16 the cheapest submitted price, the institution explain its reasoning for the selection
17 on the institution's website.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill takes effect on July 1, 2012.
22 Utah Code Sections Affected:
23 ENACTS:
24 53B-24-101, Utah Code Annotated 1953
25 53B-24-102, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 53B-24-101 is enacted to read:
29 CHAPTER 24. HIGHER EDUCATION TEXTBOOK FAIRNESS ACT
30 53B-24-101. Title.
31 This chapter is known as the "Higher Education Textbook Fairness Act."
32 Section 2. Section 53B-24-102 is enacted to read:
33 53B-24-102. Required bidding process.
34 (1) Before an institution of higher learning may require a student to buy a particular
35 book, document, or written materials for a class, the institution is required to solicit bids from
36 publishers for comparable books, documents, or written materials on the same subject, if the
37 books, documents, or written materials:
38 (a) (i) are sold by only one publisher; or
39 (ii) are authored or prepared by a professor at the institution; and
40 (b) the retail price of the book, document, or written materials is greater than $35.
41 (2) If the institution does not receive more than one bid, the institution shall:
42 (a) select the only bid that was submitted; or
43 (b) subject to the requirements of Subsection (3), select any book that will fill the
44 institution's needs.
45 (3) If an institution of higher learning selects a textbook from a publisher that did not
46 submit the lowest bid, the institution shall provide its reasoning for the selection in a
47 memoranda made publicly available on the institution's website.
48 Section 3. Effective date.
49 This bill takes effect on July 1, 2012.




Legislative Review Note
as of 2-23-11 3:05 PM

Office of Legislative Research and General Counsel