NY State Senate Bill 2019-S7098

Senate Bill S7098

2019-2020 Legislative Session

Relates to prohibiting the delay of the availability of e-books to public libraries in the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance

2019-S7098 (ACTIVE) - Details

See Assembly Version of this Bill:: A9048
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §148, St Fin L

2019-S7098 (ACTIVE) - Summary

Prohibits the delay of the availability of e-books to public libraries in the state.

2019-S7098 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7098

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To make e-books as equally accessible to public libraries in both time
and quantity as they are to consumers in the state.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends the finance law by adding a new section 148 that defines
electronic book publisher requirements in certain procurement contracts.
Subsection one defines terms. Subsection two prohibits the state from
entering into a contract which provides for the purchase of e-books with
a publisher who engages in discriminatory practices related to the time-
ly availability of e-books to public libraries and requires any

contracts to ensure that e-books be made available to public libraries
at the same time and in the same number as they are made available to
the public. Subsection three relates to the application limits of
section 148.

 
JUSTIFICATION:

Public libraries provide equitable access to information for all.
Digital content is preferred by millions of Americans and libraries
provide this content as a benefit to their communities. Some publishers
are exploring new embargos on the timely availability of e-books to
public libraries. E-book embargos place an unfair burden on public
library systems that are forced to wait eight weeks to purchase addi-
tional titles. These embargos undermine the democratic and educational
function of library systems.

This discriminatory practice of restricting access will harm both
library systems and those they serve, many of whom are low income or
face barriers to other means of information access. These new publishing
restrictions mean patrons may be forced to wait much longer to borrow
books as only one title is made available per library system. Addi-
tionally, these restrictions will financially burden library systems who
will have to purchase more titles to keep up with demand following the
two month embargo. Finally, these restrictions may reduce the availabil-
ity of e-books to senior citizens and people with disabilities, many of
whom find digital content more accessible than paper books.

This bill prohibits the state of New York from entering into a contract
with e-book publishers who engage in discriminatory practices related to
the availability of e-books to public libraries.  Any contracts will
allow for the availability of e-book licenses in the same quantity and
at the same time they are made available to the public and other retail-
ers.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
Immediately

2019-S7098 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7098
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14591-02-9

 S. 7098                             2
 
 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.
   § 2. This act shall take effect immediately.

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