Oregon Revised Statutes

Or. Rev. Stat. § 337.090 (2026)

Contract with publisher; terms; security; breach; remedies

✓ current as of May 2026

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337.090 Contract with publisher; terms; security; breach; remedies. (1) The State Board of Education, as soon as practicable, shall enter into a written contract with each publisher the textbook of which has been adopted. The contract shall require the publisher to maintain at least one depository to be designated by the board, where such textbooks may be purchased and to furnish such textbooks according to law and the conditions named in the proposal.

(2) The board shall take from each publisher entering into a contract a good and sufficient bond, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in such sum as stipulated damages as the board may determine, payable to the State of Oregon for the benefit of the Common School Fund, executed by the publisher as obligor together with a surety company authorized to do business in this state as surety and approved by the board, for the full and faithful performance of the contract.

(3) If any publisher fails to carry out the provisions of the contract on the part of the publisher, or, with intent to evade the provisions of the contract, sells any of the textbooks in this state at prices higher than specified in the contract of the publisher, the board may, on behalf of the state, rescind the contract and notify the publisher thereof, or bring the appropriate action or suit to enforce the provisions of the publisher’s bond or letter of credit. [Amended by 1965 c.100 §257; 1975 c.754 §12; 1991 c.331 §57; 1991 c.886 §9; 1997 c.631 §463]

337.100 [Amended by 1965 c.100 §258; 1975 c.754 §13; 1991 c.886 §10; 2001 c.461 §4; repealed by 2011 c.313 §25]

Notes of Decisions

Cited in 2 cases, 1987–1989 · leading case: Nw. Textbook Depository Co. v. Dep't of Revenue, 11 Or. Tax 280 (Or. T.C. 1989).

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Nw. Textbook Depository Co. v. Dep't of Revenue, 11 Or. Tax 280 (Or. T.C. 1989). “2 ORS 337.090 provides for the state to enter into a contract with the publishers to the end of regulating the prices that can be charged and requiring a depository to assure a ready supply of the textbooks.”

Oregon Env't Council v. Oregon State Bd. of Educ., 739 P.2d 581 (Or. Ct. App. 1987). ““After the Board approves a text, it enters into negotiations with the publisher, ORS 337.090, and circulates a list of the titles it has approved, ORS 337.”

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