senate Bill S6018

2011-2012 Legislative Session

Clarifies reforms to the procurement process for the state and city university in regards to the purchase or subscription to online electronic resources

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 12, 2012 advanced to third reading
Mar 07, 2012 2nd report cal.
Mar 06, 2012 1st report cal.312
Jan 04, 2012 referred to higher education

Votes

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Mar 6, 2012 - Higher Education committee Vote

S6018
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Higher Education Committee Vote: Mar 6, 2012

excused (1)

Co-Sponsors

S6018 - Bill Details

See Assembly Version of this Bill:
A8673
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §§355 & 6218, Ed L

S6018 - Bill Texts

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Clarifies reforms to the procurement process for the state and city university in regards to the purchase or subscription of library materials such as books and online electronic resources.

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BILL NUMBER:S6018

TITLE OF BILL:
An act
to amend the education law, in relation to clarifying reforms to the
procurement process for the state and city university in regards to the
purchase or subscription to
online electronic resources

PURPOSE:
The bill would clarify reforms to the procurement process enacted in
2011 for SUNY and CUNY to allow the purchase, licensing or
subscription to library materials in electronic formats, including
books, journals or databases - commonly called e-resources - to be
considered goods or products and not services.

SUMMARY OF PROVISIONS:
Sections one and two of the bill amend subdivisions 5 and 6,
respectively, of Section 355 of the Education Law to clarify that the
purchase or subscription by SUNY to electronic or digital formats of
books, serials and databases are to be considered goods or products
for procurement purposes.

Section three of the bill amends paragraph 1 of subdivision a of
section 6218 of the Education Law to clarify that the purchase or
subscription by CUNY to electronic or digital formats of books,
serials and databases are to be considered goods or products for
procurement purposes.

Section four provides the effective date.

JUSTIFICATION:
A growing majority of libraries purchase their collections in digital
or electronic formats which are not physical items such as hardcover
books or magazines. These e-resources can provide superior knowledge
access for students, faculty and researchers, such as allowing
keyword searching of entire texts. Similarly, e-resources, including
e-journals and e-books, can be downloaded to mobile devices, extending
the access to these important research resources. Such materials can
also be made available to multiple individuals at the same time.

Procurement laws have not kept up with these changes in formats in
providing the information that library users have come to expect and
which provide needed enhanced-quality research capabilities.
Libraries purchase these materials through subscriptions to various
vendors. Procurement laws need to be updated and made more flexible
to respond to rapid advancements in technology and how traditional
library materials are-now purchased and made accessible to library
users.

This bill clarifies that the purchase of electronic library resources
will be treated in the same manner as the purchase of physical books
and magazines.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

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

                                  6018

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to clarifying reforms  to
  the  procurement  process for the state and city university in regards
  to the purchase or subscription to online electronic resources

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

  Section  1.  Paragraph a of subdivision 5 of section 355 of the educa-
tion law, as amended by section 1 of subpart B of part D of  chapter  58
of the laws of 2011, is amended to read as follows:
  a.  (i) purchase materials, equipment and supplies, including computer
equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
construction  and  construction-related  services  contracts,  and (iii)
contract for printing, without prior approval by any other state officer
or agency, but subject to rules and regulations of the state comptroller
not otherwise inconsistent with the provisions of this  section  and  in
accordance  with guidelines promulgated by the state university board of
trustees after consultation with the state comptroller;
  S 2. Subdivision 6 of section 355 of the education law, as amended  by
section  1  of subpart B of part D of chapter 58 of the laws of 2011, is
amended to read as follows:
  6. To enter into any contract or agreement deemed necessary or  advis-
able after consultation with appropriate state agencies for carrying out
the  objects  and  purposes  of state university without prior review or
approval by any state officer or agency other than the state comptroller
and the attorney general  including  contracts  with  non-profit  corpo-
rations  organized  by  officers, employees, alumni or students of state
university for the furtherance of its objects and purposes.    Contracts
or agreements entered into with the federal government to enable partic-
ipation  in federal student loan programs, including any and all instru-
ments required thereunder, shall not be subject to the  requirements  of
section  forty-one of the state finance law; provided, however, that the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13488-02-1

S. 6018                             2

state shall not be liable for any portion of any defaults which  it  has
agreed  to  assume pursuant to any such agreement in an amount in excess
of money appropriated or otherwise lawfully available  therefor  at  the
time  the  liability  for payment arises. The foregoing notwithstanding,
any contract made for or by the state university for  the  purchase  of:
(i)  materials, equipment and supplies, including computer equipment AND
LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS AND  ELEC-
TRONIC  RESOURCES; (ii) motor vehicles; (iii) construction and construc-
tion-related services contracts; and (iv) printing shall not be  subject
to prior approval by any other state officer or agency.
  S  3.  Paragraph  1  of subdivision a of section 6218 of the education
law, as amended by section 2 of subpart B of part D of chapter 58 of the
laws of 2011, is amended to read as follows:
  (1) (i) purchase materials, equipment and supplies, including computer
equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
construction  and  construction-related  services  contracts,  and (iii)
contract for printing, without prior approval by any other state officer
or agency, but subject to rules and regulations of the state comptroller
not otherwise inconsistent with the provisions of this  section  and  in
accordance  with the guidelines promulgated by the city university board
of trustees after consultation with the state comptroller.
  S 4. This act shall take effect immediately, provided that the  amend-
ments  to subdivisions 5 and 6 of section 355 of the education law, made
by sections one and two of this act shall not affect the  expiration  of
such  subdivisions  and  shall  be deemed to expire therewith.  Provided
further that the amendments to subdivision a  of  section  6218  of  the
education  law,  made  by section three of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.

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