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

                                  1657

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to establishing the  "New
  York  state authoring and printing textbooks law" to require the state
  to mandate that school textbooks be  authored  by  current  or  former
  teachers and that the state supervise the printing of such textbooks

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

  Section 1. Subdivision 1 of section  701  of  the  education  law,  as
amended  by  chapter  587  of  the  laws  of 1973, is amended to read as
follows:
  1. In the several cities and school districts of the state, boards  of
education,  trustees or such body or officer as perform the functions of
such boards, shall designate [text-books] TEXTBOOKS AS PRESCRIBED PURSU-
ANT TO ARTICLE FIFTEEN-D OF THIS CHAPTER to be used in the schools under
their charge.
  S 2. The education law is amended by adding a new article 15-D to read
as follows:
                               ARTICLE 15-D
           NEW YORK STATE AUTHORING AND PRINTING TEXTBOOKS LAW
SECTION 730. SHORT TITLE.
        731. LEGISLATIVE FINDINGS.
        732. TEXTBOOK AUTHORING AND PRINTING.
        733. POWERS AND DUTIES OF THE COMMISSIONER.
        734. PROPOSALS FOR TEXTBOOK AUTHORING AND PRINTING.
        735. RIGHT TO ANNUL CONTRACTS.
        736. COMPLAINTS AGAINST CONTRACTOR.
  S 730. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AS THE "NEW YORK STATE
AUTHORING AND PRINTING TEXTBOOKS LAW".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02208-01-9
              

A. 1657                             2

  S 731. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES
THERE IS A NEED TO PROVIDE EQUAL AND BALANCED LEARNING OPPORTUNITIES  TO
STUDENTS  IN  GRADES KINDERGARTEN THROUGH TWELVE AND AN ACCURATE COMPAR-
ISON OF SUCH STUDENTS' TEST SCORES.
  TO  ACHIEVE  THE  ABOVE STATED GOALS, THE LEGISLATURE HEREBY FINDS AND
DECLARES THAT THE STATE SHOULD REQUIRE THAT CURRENT AND FORMER  TEACHERS
OF  THE  STATE  AUTHOR TEXTBOOKS FOR ALL SCHOOL SUBJECTS AND REQUIRE THE
STATE TO SUPERVISE THE PRINTING OF  SUCH  TEXTBOOKS.  THIS  WILL  REDUCE
REPRINTING  COSTS,  ALLOW  STUDENTS TO BE PROVIDED WITH UP-TO-DATE TEXT-
BOOKS AND CREATE JOBS FOR THE NEW YORK WORKFORCE.
  S 732. TEXTBOOK AUTHORING AND PRINTING. 1. NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, TEXTBOOKS AS DEFINED PURSUANT TO SECTION SEVEN HUNDRED
ONE  OF THIS TITLE THAT ARE DESIGNATED FOR USE IN THE SEVERAL CITIES AND
SCHOOL DISTRICTS OF  THE  STATE  PURSUANT  TO  SUCH  SECTION,  SHALL  BE
AUTHORED  BY  CURRENT  OR  FORMER  TEACHERS OF THE NEW YORK STATE SCHOOL
DISTRICTS PURSUANT TO RULES AND REGULATIONS ESTABLISHED BY  THE  COMMIS-
SIONER.  SUCH TEXTBOOKS SHALL CONFORM TO CRITERIA AND STANDARDS THAT ARE
CONSISTENT WITH  APPLICABLE  STATE  AND  FEDERAL  REGULATIONS.  TEXTBOOK
AUTHORING FOR PURPOSES OF THIS ARTICLE SHALL MEAN THE WRITING OF A TEXT-
BOOK.  AUTHORS  THAT  CO-AUTHOR  WITH A TEACHER OR FORMER TEACHER IN THE
PREPARATION OF A TEXTBOOK SHALL BE DEEMED TO BE AUTHORS FOR THE PURPOSES
OF SUCH TEXTBOOK.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  TEXTBOOKS  AS  DEFINED
PURSUANT  TO SECTION SEVEN HUNDRED ONE OF THIS TITLE THAT ARE DESIGNATED
FOR USE IN THE SEVERAL CITIES AND SCHOOL DISTRICTS OF THE STATE PURSUANT
TO SUCH SECTION, SHALL BE PRINTED BY THE COMMISSIONER PURSUANT  TO  THIS
ARTICLE.  TEXTBOOK  PRINTING  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO OR
RESTRICTED TO THE PRINTING, PUBLICATION AND BINDING OF TEXTBOOKS.
  S 733. POWERS AND DUTIES OF  THE  COMMISSIONER.  1.  THE  COMMISSIONER
SHALL  HAVE  GENERAL  SUPERVISION  OVER THE LETTING OF ALL CONTRACTS FOR
TEXTBOOK AUTHORING AND PRINTING PROVIDED TO BE MADE IN THIS SECTION.  IN
ADDITION,  THE  COMMISSIONER SHALL EXERCISE SUCH FURTHER SUPERVISION AND
CONTROL OVER ALL CONTRACTS FOR  DEPARTMENT  AUTHORING  AND  PRINTING  AS
DEFINED  IN  THIS SECTION THAT HE OR SHE HAS HERETOFORE EXERCISED OR MAY
HEREAFTER DEEM APPROPRIATE INCLUDING, BUT NOT LIMITED TO, THE ESTABLISH-
MENT OF STANDARD SIZES AND GRADES OF PAPER AND SPECIFICATIONS FOR PAPER;
PROVIDED, HOWEVER, THAT SUCH SPECIFICATIONS SHALL BE IN ACCORDANCE  WITH
THOSE  ESTABLISHED  PURSUANT  TO  SECTION ONE HUNDRED SIXTY-THREE OF THE
STATE FINANCE LAW.
  2. IT SHALL BE THE DUTY OF THE COMMISSIONER, IN ACCORDANCE WITH  RULES
AND  REGULATIONS  TO  BE  PRESCRIBED BY HIM OR HER, TO LET TO THE LOWEST
RESPONSIBLE BIDDER, AS PROVIDED  IN  THIS  SECTION,  AND  AS  WILL  BEST
PROMOTE  THE  PUBLIC  INTEREST,  ALL  CONTRACTS FOR THE WORK EMBRACED IN
TEXTBOOK AUTHORING AND PRINTING AS THOSE TERMS ARE DEFINED IN THIS ARTI-
CLE. NO CONTRACT FOR TEXTBOOK AUTHORING AND PRINTING SHALL BE LET  TO  A
BIDDER  WHO, IN THE OPINION OF THE COMMISSIONER, DOES NOT HAVE SATISFAC-
TORY FACILITIES AND EQUIPMENT WHICH ARE AMPLE AND SUFFICIENT  TO  INSURE
PROPER  PERFORMANCE  OF  THE CONTRACT OR WHO HAS FAILED TO GIVE ADEQUATE
SECURITY IN AN  AMOUNT  WHICH  MAY  BE  REQUIRED  BY  THE  COMMISSIONER.
PROVIDED  FURTHER,  HOWEVER,  THAT  NO CONTRACT SHALL BE LET TO A BIDDER
OTHER THAN THE LOWEST RESPONSIBLE BIDDER WITHOUT THE WRITTEN APPROVAL OF
THE COMPTROLLER.
  3. THE COMMISSIONER SHALL ADOPT AND PROMULGATE APPROPRIATE  RULES  AND
REGULATIONS  TOUCHING  THE  MANNER OF THE PERFORMANCE OF HIS OR HER WORK
AND PRESCRIBING THE FORM AND MANNER OF ADVERTISEMENT FOR  BIDS  AND  ALL
REQUISITIONS  MADE  UPON HIM OR HER FOR TEXTBOOK AUTHORING AND PRINTING,

A. 1657                             3

EXCEPT THAT THE COMMISSIONER SHALL MAKE NO RULE OR REGULATION INCONSIST-
ENT WITH OR IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE.
  S  734.  PROPOSALS FOR TEXTBOOK AUTHORING AND PRINTING. 1. THE COMMIS-
SIONER SHALL GIVE ADEQUATE NOTICE THAT HE OR SHE WILL,  AT  A  TIME  AND
PLACE  STATED  THEREIN,  RECEIVE SEALED PROPOSALS FOR TEXTBOOK AUTHORING
AND PRINTING, THE WORK TO BE PERFORMED  AS  PRESCRIBED  BY  LAW  IN  THE
NOTICE PUBLISHED BY THE COMMISSIONER. THE COMMISSIONER SHALL COMPILE THE
VARIOUS  TERMS, CONDITIONS AND SPECIFICATIONS FOR TEXTBOOK AUTHORING AND
PRINTING, EXCEPT  THAT  AS  SUCH  SPECIFICATIONS  RELATE  TO  THE  PAPER
REQUIRED FOR TEXTBOOK AUTHORING AND PRINTING THEY SHALL BE IN ACCORDANCE
WITH  THOSE  ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF
THE STATE FINANCE LAW AND SHALL INVITE ALL BIDS AND  LET  ALL  CONTRACTS
THEREON  AND  THE  SAME  SHALL CONSTITUTE EACH SAID CONTRACT.  A COPY OF
SUCH REQUIREMENTS, WHEN PREPARED, SHALL BE FILED IN THE  OFFICE  OF  THE
COMMISSIONER AND SHALL BE OPEN TO PUBLIC INSPECTION AT ALL TIMES.
  2.  NO  BIDS SHALL BE WITHDRAWN OR CANCELLED, BUT THE COMMISSIONER MAY
REJECT ANY BIDS WHICH DO NOT CONFORM TO THE SPECIFICATIONS AND TO HIS OR
HER RULES AND REGULATIONS, AND AGAIN ADVERTISE FOR BIDS  IN  THE  MANNER
PROVIDED FOR IN THIS SECTION. THE COMMISSIONER MAY DISCRIMINATE IN FAVOR
OF ANY SUCH BID AS HE OR SHE MAY DEEM MOST FAVORABLE TO THE STATE, IF IN
HIS OR HER OPINION THE INTERESTS OF THE STATE WILL BE PROMOTED THEREBY.
  3.  EVERY  BID RECEIVED MUST BE A SEALED BID, AND THE BIDDING REQUIRE-
MENTS MAY INCLUDE A PROVISION FOR ADEQUATE GUARANTY THAT A  BIDDER  WILL
ENTER  INTO THE CONTRACT IF IT SHALL BE AWARDED TO HIM OR HER. NOTICE OF
THE REQUIREMENT OF SUCH GUARANTY SHALL BE EMBODIED IN THE PUBLIC  NOTICE
FOR  SUCH LETTING, AND SUCH NOTICE SHALL ALSO REQUIRE, AND EACH CONTRACT
SHALL PROVIDE, FOR THE GIVING OF A BOND  IN  SUCH  AMOUNT  AS  SHALL  BE
PRESCRIBED, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE CONTRACT.
  4.  THE  CONTRACT WHEN AWARDED SHALL BE FORTHWITH FILED IN THE OFFICES
OF THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE,  THE  SPEAKER
OF THE ASSEMBLY AND THE GOVERNOR.
  5.  A  CONTRACT  AWARDED PURSUANT TO THIS SECTION MAY IN ANY CASE UPON
WRITTEN CONSENT OF  THE  COMMISSIONER,  SUBJECT  TO  THE  PROVISIONS  OF
SECTION  ONE  HUNDRED THIRTY-EIGHT OF THE STATE FINANCE LAW, BE ASSIGNED
OR SUBLET, BUT, IN SUCH EVENT, THE  ASSIGNEE  OR  SUBCONTRACTOR  MAY  BE
REQUIRED  TO  GIVE  A  BOND  IN  SUCH  AMOUNT  AS THE COMMISSIONER SHALL
PRESCRIBE, CONDITIONED FOR THE  FAITHFUL  PERFORMANCE  OF  THE  CONTRACT
ASSIGNED OR THE PORTION OF THE CONTRACT SUBLET, AS THE CASE MAY BE.
  6.  THE  FAILURE  OF THE COMMISSIONER TO GIVE NOTICE TO OR INCLUDE ANY
REQUIREMENT OF THIS ARTICLE SHALL NOT GIVE RISE TO ANY CAUSE  OF  ACTION
OR  RIGHT  TO  RELIEF  BY  ANY BIDDER, PROSPECTIVE BIDDER, CONTRACTOR OR
PROSPECTIVE CONTRACTOR OR OTHER THIRD PARTY BUT SUCH FAILURE MAY,  PRIOR
TO  RATIFICATION  BY  THEM  AND  AT  THE  OPTION OF THE COMMISSIONER, BE
REVOKED TO INVALIDATE ANY  EXECUTORY  AGREEMENT  ARISING  THEREFROM  AND
SUBSEQUENT THERETO.
  7.  IN  THE  CASE  OF  ANY  AUTHORING  OR  PRINTING AUTHORIZED BY THIS
SECTION, NO EXTRA CHARGE SHALL BE MADE EXCEPT FOR EXTRA  PAPER  OR  WORK
BEYOND  THAT  REQUIRED  BY  THE TERMS OF THE CONTRACT ACTUALLY FURNISHED
WITH THE APPROVAL OF THE COMPTROLLER, AND FOR SUCH EXTRA PAPER AND  WORK
THE  CHARGE  ALLOWED SHALL NOT EXCEED THE CURRENT MARKET RATES. COMPOSI-
TION SHALL NOT BE CHARGED A SECOND TIME BY THE SAME CONTRACTOR ON MATTER
PRINTED FROM TYPE ALREADY SET OR  NEGATIVES  OR  PLATES  MADE  AT  STATE
EXPENSE,  BUT  SUITABLE ALLOWANCE MAY BE MADE FOR HANDLING OF PLATES AND
REIMPOSING NEGATIVES OR TYPE FORMS. IN ALL WORK REQUIRING ENGRAVING  AND
IN  ALL  CASES  WHERE  ILLUSTRATIONS  ARE  USED,  THE  DIES,  PLATES AND
ENGRAVINGS SHALL FORTHWITH BECOME THE PROPERTY OF THE STATE, AND  THERE-

A. 1657                             4

AFTER  NO  CHARGE SHALL BE MADE FOR THEIR SUBSEQUENT USE, EXCEPT A SUIT-
ABLE ALLOWANCE MAY BE MADE FOR THE HANDLING OF THE PLATES. IN  ALL  WORK
MANUFACTURED  BY  THE  PROCESS  OF LITHOGRAPHY OR PHOTO COMPOSITION, THE
ARTWORK, AND NEGATIVES SHALL FORTHWITH BECOME THE PROPERTY OF THE STATE.
  8.  EACH  CONTRACT LET UNDER THIS SECTION SHALL COMMENCE AS PRESCRIBED
BY THE COMMISSIONER AND SHALL BE FOR A TERM AS PRESCRIBED BY THE COMMIS-
SIONER.
  S 735. RIGHT TO ANNUL CONTRACTS. UPON THE FAILURE  OR  NON-PERFORMANCE
OF  THE  TERMS  OF ANY OF THE CONTRACTS SET FORTH IN THIS ARTICLE ON THE
PART OF THE CONTRACTORS WITH THE STATE, THE COMMISSIONER MAY  ANNUL  THE
CONTRACT  IN  WHICH  DEFAULT  IS MADE AND THE COMPTROLLER SHALL WITHHOLD
PAYMENT FROM THE CONTRACTOR FOR ALL WORK DONE BY HIM OR  HER  UNTIL  THE
DAMAGE TO THE STATE SHALL BE ASCERTAINED BY PROPER ADJUDICATION, AND THE
SAID  COMMISSIONER  MAY  READVERTISE  AND  ENTER INTO A CONTRACT FOR THE
BALANCE OF THE UNCOMPLETED TERM OF ANY CONTRACT SO ANNULLED OR ABROGATED
IN ANY MANNER PRESCRIBED BY LAW.
  S 736. COMPLAINTS AGAINST CONTRACTOR. COMPLAINT FOR VIOLATION  OF  ANY
OF  THE  TERMS  OF A CONTRACT ON THE PART OF THE CONTRACTOR, OR CONTRAC-
TORS, FOR STATE AUTHORING OR PRINTING SHALL BE MADE TO THE COMMISSIONER,
WHO  SHALL  AND  IS  HEREBY  EMPOWERED  AND  DIRECTED,  IN  HIS  OR  HER
DISCRETION,  TO TAKE SUCH ACTION AS WILL AFFORD THE NECESSARY AND PROPER
RELIEF.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.