S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1367

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  ALFANO, BARRA, McENENY -- read once and referred to the  Committee  on
  Higher Education

AN  ACT  to  amend  the  education  law, in relation to the provision of
  information relating to courses  offered  by  institutions  of  higher
  education and the instructional material required therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 128 to
read as follows:
                                ARTICLE 128
              COURSE AND INSTRUCTIONAL MATERIAL INFORMATION
SECTION 6370. COURSE CATALOG.
        6371. BOOKSTORES.
        6372. COMPLIANCE.
        6373. VIOLATIONS.
  S 6370. COURSE CATALOG.  1.  EVERY  INSTITUTION  OF  HIGHER  EDUCATION
SHALL, NOT LESS THAN SIXTY DAYS PRIOR TO THE COMMENCEMENT OF EACH SEMES-
TER  OR  TRIMESTER,  IN WHICH COURSES OF INSTRUCTION ARE OFFERED BY SUCH
INSTITUTION, ISSUE AND MAKE AVAILABLE  A  LIST  OF  ALL  COURSES  TO  BE
OFFERED  DURING  THE  SEMESTER OR TRIMESTER WHICH SHALL INCLUDE FOR EACH
COURSE:
  (A) THE NAME OF THE COURSE;
  (B) THE NAME OF THE PERSON OR PERSONS  PROVIDING  INSTRUCTION  IN  THE
COURSE;
  (C)  A DESCRIPTION AND LISTING OF ALL INSTRUCTIONAL MATERIALS REQUIRED
OR RECOMMENDED FOR STUDENTS ENROLLED IN THE COURSE; AND
  (D) THE NUMBER OF STUDENTS REASONABLY EXPECTED TO BE ENROLLED  IN  THE
COURSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04211-01-9
              

A. 1367                             2

  2. THE LISTING OF COURSES REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION  SHALL  BE  PROVIDED TO ALL STUDENTS AND PROSPECTIVE STUDENTS OF
THE INSTITUTION OF HIGHER EDUCATION, AND TO ANY OTHER PERSON  SUBMITTING
A REQUEST THEREFOR WITHIN ONE BUSINESS DAY OF SUCH REQUEST.
  3.  IN ADDITION TO THE INFORMATION REQUIRED TO BE PROVIDED BY SUBDIVI-
SION ONE OF THIS SECTION, UPON SUBMISSION OF A REQUEST BY ANY PERSON AND
WITHIN ONE BUSINESS DAY THEREOF, EVERY INSTITUTION OF  HIGHER  EDUCATION
SHALL  PROVIDE  EVERY  SUCH  PERSON  WITH  ALL  INFORMATION  RELATING TO
INSTRUCTIONAL MATERIALS THAT IS PROVIDED TO THE STORE OR STORES OPERATED
BY SUCH INSTITUTION AND ENGAGED IN THE SALE OF INSTRUCTIONAL MATERIALS.
  4. ALL INFORMATION REQUIRED PURSUANT TO THIS SECTION SHALL BE PROVIDED
WITHOUT A FEE OR CHARGE.
  S 6371. BOOKSTORES. 1. IT SHALL BE THE POLICY OF THIS STATE  TO  ALLOW
ALL  PERSONS  ENGAGED IN THE SALE OF INSTRUCTIONAL MATERIALS FOR COURSES
PROVIDED AT INSTITUTIONS OF HIGHER EDUCATION, TO  COMPETE  ON  AN  EQUAL
BASIS  FOR THE SALE OF SUCH MATERIALS TO STUDENTS. TO FULFILL SUCH POLI-
CY, EVERY INSTITUTION OF HIGHER EDUCATION SHALL:
  (A) PERMIT ANY PERSON REGULARLY ENGAGED IN THE SALE  OF  INSTRUCTIONAL
MATERIALS  AND  WHO  SUBMITS  A  REQUEST  THEREFOR TO PARTICIPATE IN ANY
PROGRAM PROVIDING INFORMATION ON THE PURCHASE OF INSTRUCTIONAL MATERIALS
BY STUDENTS, INCLUDING USED MATERIALS;
  (B) PROVIDE ANY PERSON REGULARLY ENGAGED IN THE SALE OF  INSTRUCTIONAL
MATERIALS  AND  WHO  SUBMITS A REQUEST THEREFOR TO RECEIVE A LIST OF THE
NAMES AND ADDRESSES OF ALL STUDENTS OF SUCH INSTITUTION  NOT  LESS  THAN
SIXTY DAYS PRIOR TO THE COMMENCEMENT OF EACH SEMESTER OR TRIMESTER;
  (C)  AUTHORIZE  ANY  PERSON  REGULARLY ENGAGED IN THE SALE OF INSTRUC-
TIONAL MATERIALS TO ADVERTISE THE SALE OF SUCH MATERIALS IN ANY PUBLICA-
TION OR OTHER PUBLIC MEDIUM OPERATED BY SUCH INSTITUTION  IN  WHICH  THE
SALE OF INSTRUCTIONAL MATERIALS IS ADVERTISED BY SUCH INSTITUTION; AND
  (D)  SUBJECT  TO  THE RULES AND REGULATIONS OF THE COMMISSIONER AND IN
COOPERATION WITH PERSONS REGULARLY ENGAGED IN THE SALE OF  INSTRUCTIONAL
MATERIALS,  PROVIDE  ACCESS TO MEANS ESTABLISHED BY SUCH INSTITUTION FOR
THE PROVISION OF CREDIT TO AND BILLING OF STUDENTS FOR THE  PURCHASE  OF
INSTRUCTIONAL  MATERIALS  SOLD  BY SUCH PERSONS ON THE SAME BASIS AS THE
SALE OF SUCH MATERIALS WHEN MADE BY SUCH INSTITUTION.
  2. NO INSTITUTION OF HIGHER EDUCATION SHALL  IMPOSE  A  FEE  UPON  ANY
PERSON REGULARLY ENGAGED IN THE SALE OF INSTRUCTIONAL MATERIALS, FOR THE
UTILIZATION  OF  ANY  OF  THE  REQUIREMENTS  OF  SUBDIVISION ONE OF THIS
SECTION, WHICH IS HIGHER THAN THE FEE IMPOSED UPON THE  ENTITY  OPERATED
BY  SUCH  INSTITUTION THAT IS ENGAGED IN THE SALE OF EDUCATIONAL MATERI-
ALS.
  S 6372. COMPLIANCE. EVERY INSTITUTION OF HIGHER EDUCATION SHALL ESTAB-
LISH AND PUBLISH A WRITTEN POLICY PROVIDING  THE  MEANS  BY  WHICH  SUCH
INSTITUTION SHALL COMPLY WITH THE PROVISION OF THIS ARTICLE. SUCH POLICY
SHALL  PROVIDE  TO THE APPOINTMENT OF A COMPLIANCE OFFICER, WHO SHALL BE
RESPONSIBLE FOR SUCH INSTITUTION'S COMPLIANCE  WITH  THE  PROVISIONS  OF
THIS ARTICLE.
  S 6373. VIOLATIONS. ANY INSTITUTION OF HIGHER EDUCATION WHICH VIOLATES
THE  PROVISIONS  OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
  S 2. This act shall take effect on the first of July  next  succeeding
the  date on which it shall have become a law; provided, that any rules,
regulations  and  actions  necessary  for  the  implementation  of   the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.