S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7265--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI, JAFFEE, GOTTFRIED, GALEF, GUNTHER,
   COOK, CRESPO, M. G. MILLER, FRIEND, CAHILL, JEAN-PIERRE,  RA,  D'URSO,
   JENNE, SOLAGES -- Multi-Sponsored by -- M. of A. ORTIZ, THIELE -- read
   once  and  referred  to  the  Committee  on Governmental Operations --
   recommitted to the Committee on Governmental Operations in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the state finance law and the education law, in relation
   to establishing  a  comprehensive  centralized  system  to  coordinate
   procurement  of  books  and  non-print  library  materials and related
   ancillary services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 9 of section 160 of the state finance law, as
 amended by chapter 106 of the laws  of  2012,  is  amended  to  read  as
 follows:
   9.  "State  agency"  or  "state agencies" means all state departments,
 boards, commissions, offices or institutions but excludes, however,  for
 the  purposes of subdivision five of section three hundred fifty-five of
 the education law, the state university of New York  and  excludes,  for
 the  purposes  of subdivision a of section sixty-two hundred eighteen of
 the education law, the city university of New York;  provided,  however,
 that  the  state  university  of New York and the city university of New
 York shall be subject to the provisions of section  one  hundred  sixty-
 five-a  of this article AND SHALL BE AUTHORIZED TO USE THE COMPREHENSIVE
 CENTRALIZED SYSTEM ESTABLISHED PURSUANT TO PARAGRAPH  E  OF  SUBDIVISION
 THREE  OF  SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE. Furthermore,
 such term shall not include the legislature or the judiciary.
   § 2. Subdivision 3 of section 163 of the state finance law is  amended
 by adding a new paragraph e to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10766-03-8
              

 A. 7265--A                          2
 
   E.  (I)  THE  COMMISSIONER SHALL ESTABLISH A COMPREHENSIVE CENTRALIZED
 SYSTEM TO COORDINATE THE PROCUREMENT  OF  BOOKS  AND  NON-PRINT  LIBRARY
 MATERIALS  AND  RELATED ANCILLARY SERVICES. THE SYSTEM SHALL BE DESIGNED
 AND OPERATED IN CONSULTATION WITH THE STATE  LIBRARY  TO  PROVIDE  STATE
 AGENCIES  AND AUTHORIZED USERS WITH ACCESS TO BOOKS, WHETHER IN PRINT OF
 ELECTRONIC FORM, INCLUDING TRADE, NON-TRADE, SCIENTIFIC, TECHNICAL, LAW,
 TEXT BOOKS, REFERENCE, ENCYCLOPEDIAS, HANDBOOKS, UNIVERSITY PRESS PUBLI-
 CATIONS, SOCIETY OR ASSOCIATION PUBLICATIONS, FOREIGN  PUBLICATIONS  AND
 OUT-OF-PRINT  BOOKS,  AND  WITH  NON-PRINT LIBRARY MATERIALS AND RELATED
 ANCILLARY  SERVICES,  INCLUDING  ELECTRONIC  DATABASES,   ABRIDGED   AND
 UNABRIDGED AUDIO BOOKS ON TAPE, CD/DVD AND MP3/MP4 FORMAT, NON-SUBSCRIP-
 TION  BASED EBOOKS, MICROFILM, MICROFICHE, MICROCARDS, MICROPRINT, FILM-
 STRIPS, SLIDES, DVD AND BLU-RAY (I.E., MOTION PICTURES,  VIDEOS),  AUDIO
 CASSETTES,  COMPACT  DISCS, LASER DISCS, CD-ROMS, MICROCOMPUTER SOFTWARE
 (EDUCATIONAL),   MAPS/GLOBES/ATLASES/CHARTS,    VIDEO    GAMES,    SHEET
 MUSIC/SCORES  AND  AUDIO-VISUAL  MATERIALS.  RELATED  ANCILLARY SERVICES
 SHALL INCLUDE, BUT ARE NOT LIMITED TO, COLLECTION MANAGEMENT SERVICES.
   (II) THE SYSTEM SHALL TO THE MAXIMUM EXTENT PRACTICABLE BE DESIGNED TO
 FACILITATE THE PROCUREMENT OF BOOKS AND NON-PRINT LIBRARY MATERIALS  AND
 RELATED  ANCILLARY  SERVICES  AT  THE  LOWEST  POSSIBLE COST THROUGH THE
 COMBINED MARKET POWER OF STATE AGENCIES AND AUTHORIZED USERS OR  CONSOR-
 TIA  THEREOF.  A STATE AGENCY OR AUTHORIZED USER THAT ELECTS TO PURCHASE
 ITEMS FROM A SEPARATE CENTRALIZED CONTRACT SHALL BE ADVISED OF THE ACTU-
 AL OR APPROXIMATE SAVINGS  THAT  WOULD  HAVE  RESULTED  FROM  USING  THE
 COMPREHENSIVE CENTRALIZED SYSTEM.
   (III)  WHENEVER  FEASIBLE,  AT  LEAST  ONE REMAINING COPY OF A BOOK OR
 OTHER MATERIAL SHALL BE RETAINED BY OR SHALL OTHERWISE BE  AVAILABLE  TO
 THE  SYSTEM,  WHEN  SUCH  RETENTION  IS  NECESSARY  AND  APPROPRIATE FOR
 ARCHIVAL PURPOSES.
   (IV) ELECTRONIC MATERIALS THAT ARE PROCURED THROUGH THE  SYSTEM  SHALL
 BE  ACCESSIBLE TO PEOPLE WITH DISABILITIES TO THE MAXIMUM EXTENT PRACTI-
 CABLE.
   § 3. The education law is amended by adding a  new  section  245-a  to
 read as follows:
   §  245-A. COMPREHENSIVE CENTRALIZED SYSTEM; STATE LIBRARY RESPONSIBIL-
 ITIES. TO ENSURE THAT THE COMPREHENSIVE CENTRALIZED  SYSTEM  PROCUREMENT
 FOR BOOKS AND NON-PRINT LIBRARY MATERIALS AND RELATED ANCILLARY SERVICES
 ESTABLISHED  PURSUANT TO PARAGRAPH E OF SUBDIVISION THREE OF SECTION ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW IS DESIGNED AND OPERATED TO
 ADDRESS THE NEEDS OF STATE AGENCIES  AND  AUTHORIZED  USERS,  THE  STATE
 LIBRARY  SHALL  PERIODICALLY  ASSESS THE REQUIREMENTS OF STATE AGENCIES,
 PUBLIC LIBRARIES AND LIBRARY SYSTEMS  AND  OTHER  AUTHORIZED  USERS  FOR
 BOOKS  AND  NON-PRINT  LIBRARY MATERIALS AND RELATED ANCILLARY SERVICES,
 AND SHALL ADVISE THE OFFICE OF GENERAL SERVICES OF SUCH REQUIREMENTS.
   § 4. Paragraph a of subdivision 5 of section 355 of the education law,
 as amended by section 31 of part L of chapter 55 of the laws of 2012, is
 amended to read as follows:
   a.  (i)  purchase  materials,   proprietary   electronic   information
 resources  including  but  not  limited  to  academic, professional, and
 industry journals, reference handbooks and  manuals,  research  tracking
 tools, indexes [and], abstracts[,] AND equipment and supplies, including
 computer  equipment  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

 A. 7265--A                          3
 
 accordance with guidelines promulgated by the state university board  of
 trustees  after  consultation  with the state comptroller; PROVIDED THAT
 NOTHING IN THIS SECTION SHALL PRECLUDE  THE  USE  OF  THE  COMPREHENSIVE
 CENTRALIZED  SYSTEM  ESTABLISHED  PURSUANT TO PARAGRAPH E OF SUBDIVISION
 THREE OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW;
   § 5. Paragraph a of subdivision 5 of section 355 of the education law,
 as amended by section 32 of part L of chapter 55 of the laws of 2012, is
 amended to read as follows:
   a.  (i)  purchase  materials,   proprietary   electronic   information
 resources  including  but  not  limited  to  academic, professional, and
 industry journals, reference handbooks and  manuals,  research  tracking
 tools,  indexes and abstracts equipment and supplies, including computer
 equipment and motor vehicles, where the amount  for  a  single  purchase
 does  not  exceed  twenty  thousand  dollars, (ii) execute contracts for
 services and construction contracts to an amount  not  exceeding  twenty
 thousand  dollars,  and  (iii)  contract  for  printing to an amount not
 exceeding five thousand dollars, 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 rules and regulations promulgated  by
 the state university board of trustees after consultation with the state
 comptroller;  PROVIDED  THAT  NOTHING IN THIS SECTION SHALL PRECLUDE THE
 USE OF THE COMPREHENSIVE  CENTRALIZED  SYSTEM  ESTABLISHED  PURSUANT  TO
 PARAGRAPH  E  OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-THREE OF
 THE STATE FINANCE LAW. In addition,  the  trustees,  after  consultation
 with  the  commissioner  of general services, are authorized to annually
 negotiate with the state comptroller  increases  in  the  aforementioned
 dollar  limits and the exemption of any articles, categories of articles
 or commodities from these limits. Rules and regulations  promulgated  by
 the state university board of trustees shall, to the extent practicable,
 require that competitive proposals be solicited for purchases, and shall
 include  requirements that purchases and contracts authorized under this
 section be at the lowest available  price,  including  consideration  of
 prices  available  through other state agencies, consistent with quality
 requirements, and  as  will  best  promote  the  public  interest.  Such
 purchases  may  be  made  directly  from  any contractor pursuant to any
 contract for commodities let by the office of general  services  or  any
 other state agency;
   §  6.  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 and subparagraph (i) as amended by section 33 of part L  of
 chapter 55 of the laws of 2012, is amended to read as follows:
   (1)   (i)   purchase  materials;  proprietary  electronic  information
 resources, including, but not limited  to,  academic,  professional  and
 industry  journals,  reference  handbooks and manuals, research tracking
 tools, indexes and abstracts;  and  equipment  and  supplies,  including
 computer  equipment  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; PROVIDED THAT
 NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE THE USE OF THE COMPREHENSIVE
 CENTRALIZED SYSTEM ESTABLISHED PURSUANT TO PARAGRAPH  E  OF  SUBDIVISION
 THREE OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.

 A. 7265--A                          4
 
   § 7. Subdivision a of section 6218 of the education law, as amended by
 chapter  697 of the laws of 1993 and paragraph (i) as amended by section
 34 of part L of chapter 55 of the laws of 2012, is amended  to  read  as
 follows:
   a.  Notwithstanding  the  provisions  of  paragraph two of section one
 hundred twelve and sections one hundred fifteen, one hundred  sixty-one,
 one  hundred  sixty-three  and  one  hundred  seventy-four  of the state
 finance law and sections three and six of the New  York  state  printing
 and  public  documents  law  or  any other law to the contrary, the city
 university trustees are authorized and empowered to:
   (i) purchase materials; proprietary electronic information  resources,
 including, but not limited to, academic, professional and industry jour-
 nals,  reference handbooks and manuals, research tracking tools, indexes
 and abstracts; and equipment and supplies, including computer  equipment
 and  motor  vehicles,  where  the  amount for a single purchase does not
 exceed twenty thousand dollars, (ii) execute contracts for  services  to
 an  amount not exceeding twenty thousand dollars, and (iii) contract for
 printing to an amount not exceeding five thousand dollars, 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 rules and regu-
 lations promulgated by the  city  university  board  of  trustees  after
 consultation  with  the state comptroller; PROVIDED THAT NOTHING IN THIS
 SECTION SHALL PRECLUDE THE USE OF THE COMPREHENSIVE  CENTRALIZED  SYSTEM
 ESTABLISHED  PURSUANT TO PARAGRAPH E OF SUBDIVISION THREE OF SECTION ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW. In addition, the  trustees
 are   authorized  to  annually  negotiate  with  the  state  comptroller
 increases in the aforementioned dollar limits and the exemption  of  any
 articles, categories of articles or commodities from these limits. Rules
 and  regulations  promulgated  by  the city university board of trustees
 shall, to the extent practicable, require that competitive proposals  be
 solicited  for  purchases, and shall include requirements that purchases
 and contracts authorized under this section be at  the  lowest  possible
 price.
   § 8. The office of general services shall be authorized to charge fees
 to  defray its reasonable costs and the reasonable costs incurred by the
 state library for the development and  operation  of  the  comprehensive
 centralized  system,  and shall transfer the appropriate portion of such
 fees to the state library. All such costs, charges and  transfers  shall
 be subject to audit and approval by the state comptroller.
   § 9. This act shall take effect immediately; provided, however, that:
   a.  the  comprehensive  centralized system shall commence operation no
 later than the thirty-first day of May in the year next  succeeding  the
 year in which it shall have become a law;
   b. the amendments to subdivision 3 of section 163 of the state finance
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith;
   c. the amendments to paragraph a of subdivision 5 of  section  355  of
 the  education  law made by section four of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to  section  4
 of  subpart  B  of part D of chapter 58 of the laws of 201l, as amended,
 when upon such date the provisions of section five  of  this  act  shall
 take effect; and
   d.  the  amendments to paragraph 1 of subdivision a of section 6218 of
 the education law made by section six of this act shall  be  subject  to
 the  expiration  and reversion of such subdivision pursuant to section 4

 A. 7265--A                          5
 
 of subpart B of part D of chapter 58 of the laws of  2011,  as  amended,
 when  upon  such  date the provisions of section seven of this act shall
 take effect.