Assembly Bill A4843

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4843
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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.
   §  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.
   2. THE LISTING OF COURSES REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE PROVIDED TO ALL STUDENTS AND  PROSPECTIVE  STUDENTS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03632-01-7
              

 A. 4843                             2
 
 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.
   § 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.
   § 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 PROVISIONS OF THIS ARTICLE. SUCH POLI-
 CY  SHALL PROVIDE FOR THE APPOINTMENT OF A COMPLIANCE OFFICER, WHO SHALL
 BE RESPONSIBLE FOR SUCH INSTITUTION'S COMPLIANCE WITH THE PROVISIONS  OF
 THIS ARTICLE.
   § 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.
   § 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.