S T A T E O F N E W Y O R K
________________________________________________________________________
9048
I N A S S E M B L Y
January 10, 2020
___________
Introduced by M. of A. RYAN -- read once and referred to the Committee
on Libraries and Education Technology
AN ACT to amend the state finance law, in relation to prohibiting the
delay of the availability of e-books to public libraries in the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
148 to read as follows:
§ 148. ELECTRONIC BOOK PUBLISHER REQUIREMENTS IN CERTAIN PROCUREMENT
CONTRACTS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "E-BOOK" OR "ELECTRONIC BOOK" SHALL MEAN AN ELECTRONIC VERSION OF
A PRINTED BOOK THAT CAN BE READ ON A COMPUTER OR ANY OTHER ELECTRONIC
DEVICE.
(B) "PUBLISHER" SHALL MEAN AN INDIVIDUAL OR ENTITY WHOSE BUSINESS IS
THE PUBLISHING OF BOOKS, INCLUDING ELECTRONIC BOOKS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A STATE
AGENCY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THIS CHAPTER, ANY
STATE AND LOCAL AUTHORITY AS SUCH TERMS ARE DEFINED IN SECTION TWO OF
THE PUBLIC AUTHORITIES LAW, A MUNICIPAL CORPORATION AS DEFINED IN
SECTION TWO OF THE GENERAL MUNICIPAL LAW, A PUBLIC LIBRARY OR ASSOCI-
ATION LIBRARY, AS SUCH TERMS ARE DEFINED IN SECTION TWO HUNDRED FIFTY-
THREE OF THE EDUCATION LAW, THE STATE UNIVERSITY OF NEW YORK, OR CITY
UNIVERSITY OF NEW YORK SHALL NOT ENTER INTO A CONTRACT WHICH PROVIDES
FOR THE PURCHASE OF E-BOOKS FOR THE PURPOSE OF MAKING SUCH E-BOOKS
AVAILABLE IN CERTAIN PUBLIC LIBRARIES THROUGHOUT THE STATE WITH A
PUBLISHER WHEN SUCH PUBLISHER ENGAGES IN DISCRIMINATORY PRACTICES
RELATED TO THE AVAILABILITY OF E-BOOKS TO PUBLIC LIBRARIES. ANY SUCH
CONTRACTS SHALL NOT REQUIRE SUCH AGENCIES, CORPORATIONS, AUTHORITIES OR
LIBRARIES TO DELAY THE AVAILABILITY OF SUCH E-BOOKS TO PUBLIC LIBRARIES
FOR ANY SPECIFIED AMOUNT OF TIME. SUCH CONTRACTS SHALL ENSURE ALL
E-BOOKS BE MADE AVAILABLE TO PUBLIC LIBRARIES AT THE SAME TIME, IN ANY
DESIRED QUANTITY, AS SUCH E-BOOKS BECOME AVAILABLE TO CONSUMERS AND
RETAILERS.
3. THIS SECTION SHALL NOT APPLY TO OTHER TERMS OF SALES OR CONTRACTS
FOR PURPOSES OF SALES TO LIBRARIES AND OTHER PUBLIC INSTITUTIONS.
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