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

                                  5718

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

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

AN ACT directing the state department of education to develop a  compre-
  hensive  plan for increasing access to and lending of electronic books
  in public libraries and public library systems across New York state

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

  Section 1. The commissioner of the state education department is here-
by authorized and directed to study and develop a comprehensive plan for
increasing access to and lending of electronic books in public libraries
and  public  library  systems  across  New York state. In preparing such
study, the commissioner shall consult with individuals who have  experi-
ence  and  expertise  in  public  libraries  and public library systems,
publishing electronic books, or distributing electronic books.
  1. Definitions. For the purposes of  this  act,  the  following  terms
shall be defined as follows:
  (a)  "Electronic  book"  shall mean an electronic version of a printed
book that can be read on any digital device used for personal or  public
use.
  (b)  "Public  library"  shall  mean any public or association library,
other than professional, technical or public school library, established
for free public  purposes  by  official  action  of  a  municipality  or
district  or  the  legislature,  where the whole interests belong to the
public; the term "association" library shall  be  construed  to  mean  a
library  established  and controlled, in whole or in part, by a group of
private individuals operating as an association, closed  corporation  or
as  trustees  under  the  provisions of a will or deed of trust; and the
term "free" as applied to a library shall be construed to mean a library
maintained for the benefit and free use on equal terms of all the people
of the community in which the library is located.
  (c) "Public library system" shall mean:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08533-04-5
              

S. 5718                             2

  (i) A library established by one or more counties.
  (ii)  A group of libraries serving an area including one or more coun-
ties in whole or in part.
  (iii) A library of a city containing one or more counties.
  (iv) A cooperative library system established pursuant to section  two
hundred  fifty-five of the education law, the plan of library service of
any of which shall have been approved by the commissioner.
  2. Such study carried out pursuant to this section shall include,  but
not be limited to, the following issues:
  (a)  Examining how electronic books are sold and distributed to public
libraries and public library systems in New York state;
  (b) Identifying challenges public libraries and public library systems
face in acquiring electronic books;
  (c) Examining how public libraries  and  public  library  systems  are
lending electronic books to their patrons;
  (d)  Assessing  to  what degree publishers and distributors are making
their electronic books available to public libraries and public  library
systems in New York state;
  (e) Reviewing the lending and licensing agreements offered by distrib-
utors  and publishers of electronic books to public libraries and public
library systems;
  (f) Examining  the  restrictions  on  use  placed  by  publishers  and
distributors on electronic books; and
  (g)  Recommending  reasonable  terms that would allow public libraries
and public library systems to purchase electronic books from  publishers
or  distributors at affordable costs with minimal restrictions on access
and use.
  S 2. Such study and plan shall be provided to the governor, the speak-
er of the assembly, the temporary president of the senate, the chair  of
the assembly libraries and education technology committee, and the chair
of the senate select committee on libraries by June 1, 2016.
  S 3. This act shall take effect immediately.