S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6424--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE,  AMEDORE, BOYLE, CROCI, FUNKE, GALLIVAN,
   HANNON, RANZENHOFER, SAVINO, SERINO, SEWARD, TEDISCO -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance  -- recommitted to the Committee on Finance in accordance with
   Senate Rule 6, sec. 8 -- 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:
   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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10766-04-8

 S. 6424--A                          2
 
 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
 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;

 S. 6424--A                          3
 
   § 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.
   § 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:

 S. 6424--A                          4
 
   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
 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.