NY State Senate Bill 2023-S4063A

Senate Bill S4063A

2023-2024 Legislative Session

Prohibits publishers from limiting the number of copies of e-books available at public libraries

download bill text pdf

Current Bill Status - In Senate Committee Libraries 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 03, 2024	referred to libraries
Mar 01, 2023	print number 4063a
Mar 01, 2023	amend and recommit to libraries
Feb 02, 2023	referred to libraries

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S4063 - Details

See Assembly Version of this Bill:: A6980
Current Committee:: Senate Libraries
Law Section:: General Business Law
Laws Affected:: Add §338, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7240
2021-2022: S120

2023-S4063 - Summary

Prohibits publishers from limiting the number of copies of e-books available at public libraries in New York.

2023-S4063 - Sponsor Memo

                                 
BILL NUMBER: S4063

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
publishers from limiting the number of copies of e-books available at
public libraries

 
PURPOSE:

The purpose of this bill is to prohibit the artificial limitation on the
number of copies of e-books available at public libraries.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 338 to the General Busi-
ness Law. This section defines E-book and public library for use within
this act. Additionally, this section would prohibit those publishing a
book for sale in New York in an e-book format from limiting the number
of copies available to a public library.

Section 2 of this bill provides that the effective date shall take
effect on the sixtieth day after it shall have become a law.

 
JUSTIFICATION:

Technological advances and reading trends have created an ever increas-
ing demand for e-books. People now routinely read on their phones or
tablets at a rate that could not even be comprehended a decade ago. New
York's great library system provides residents the opportunity to read
numerous genres of books. Books are part of the fabric of our communi-
ties. Seeking to increase the technology they have available, libraries
are now purchasing e-books for their patrons to borrow and read in the
same exact way they offer traditional books. However, recently a large
publisher has made it known that they will limit the amount of e-books
available to libraries for the purpose of limiting the availability of
e-books to patrons. This artificial limitation on the discretion of
libraries for their patrons is troubling and should be addressed to
ensure library patrons can enjoy reading the literature they want in the
form they want.

 
LEGISLATIVE HISTORY:

2021-22: S.120 (Kaplan) - Referred to Libraries.

2019-20: S.7240 Referred to Consumer Protection.

 
FISCAL IMPLICATIONS:

None.   
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S4063 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4063
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sens. MANNION, THOMAS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Libraries
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   publishers  from limiting the number of copies of e-books available at
   public libraries

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 338 to read as follows:
   § 338. E-BOOKS.  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "E-BOOK" SHALL MEAN A BOOK PUBLISHED IN  OR  CONVERTED  TO  DIGITAL
 FORMAT FOR DISPLAY ON A COMPUTER SCREEN OR HANDHELD ELECTRONIC DEVICE.
   B. "PUBLIC LIBRARY" SHALL MEAN A LIBRARY, OTHER THAN A PROFESSIONAL OR
 TECHNICAL  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, OR ANY OTHER LIBRARY MAINTAINED FOR  THE
 BENEFIT  AND  FREE USE ON EQUAL TERMS OF ALL THE PEOPLE OF THE COMMUNITY
 IN WHICH SUCH LIBRARY IS LOCATED.
   2. NO PERSON, PARTNERSHIP, LIMITED PARTNERSHIP, UNINCORPORATED  JOINT-
 STOCK ASSOCIATION, OR CORPORATION PUBLISHING A BOOK FOR SALE IN NEW YORK
 STATE  IN AN E-BOOK FORMAT SHALL, IN ANY WAY, LIMIT THE NUMBER OF COPIES
 OF SUCH E-BOOK WHICH MAY BE MADE AVAILABLE  FOR  RENTAL  AT  ANY  PUBLIC
 LIBRARY IN NEW YORK STATE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07788-01-3

co-Sponsors

2023-S4063A (ACTIVE) - Details

See Assembly Version of this Bill:: A6980
Current Committee:: Senate Libraries
Law Section:: General Business Law
Laws Affected:: Add §338, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7240
2021-2022: S120

2023-S4063A (ACTIVE) - Summary

Prohibits publishers from limiting the number of copies of e-books available at public libraries in New York.

2023-S4063A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4063A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
publishers from limiting the number of copies of e-books available at
public libraries

 
PURPOSE:

The purpose of this bill is to prohibit the artificial limitation on the
number of copies of e-books available at public libraries.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 338 to the General Busi-
ness Law. This section defines E-book and public library for use within
this act and would prohibit those publishing a book for sale in New York
in an e-book format from limiting the number of copies available to a
public library.

Section 2 of this bill provides that the effective date shall take
effect on the sixtieth day after it shall have become a law.

 
JUSTIFICATION:

Technological advances and reading trends have created an ever increas-
ing demand for e-books. People now routinely read on their phones or
tablets at a rate that could not even be comprehended a decade ago. New
York's great library system provides residents the opportunity to read
numerous genres of books. Books are part of the fabric of our communi-
ties. Seeking to increase the technology they have available, libraries
are now purchasing e-books for their patrons to borrow and read in the
same exact way they offer traditional books. However, recently a large
publisher has made it known that they will limit the amount of e-books
available to libraries for the purpose of limiting the availability of
e-books to patrons. This artificial limitation on the discretion of
libraries for their patrons is troubling and should be addressed to
ensure library patrons can enjoy reading the literature they want in the
form they want.

 
LEGISLATIVE HISTORY:

2021-22: S.120 (Kaplan) - Referred to Libraries.

2019-20: S.7240 (Kaplan) - Referred to Consumer Protection.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S4063A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4063--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sens. MANNION, THOMAS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Libraries  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   publishers  from limiting the number of copies of e-books available at
   public libraries
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 338 to read as follows:
   § 338. E-BOOKS.  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "E-BOOK" SHALL MEAN A BOOK PUBLISHED IN  OR  CONVERTED  TO  DIGITAL
 FORMAT FOR DISPLAY ON A COMPUTER SCREEN OR HANDHELD ELECTRONIC DEVICE.
   B.  "PUBLIC  LIBRARY" SHALL MEAN A LIBRARY, OTHER THAN A 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, OR ANY OTHER LIBRARY
 MAINTAINED FOR THE BENEFIT AND FREE USE ON EQUAL TERMS OF ALL THE PEOPLE
 OF THE COMMUNITY IN WHICH SUCH LIBRARY IS LOCATED.
   2. NO PERSON, PARTNERSHIP, LIMITED PARTNERSHIP, UNINCORPORATED  JOINT-
 STOCK ASSOCIATION, OR CORPORATION PUBLISHING A BOOK FOR SALE IN NEW YORK
 STATE  IN AN E-BOOK FORMAT SHALL, IN ANY WAY, LIMIT THE NUMBER OF COPIES
 OF SUCH E-BOOK WHICH MAY BE MADE AVAILABLE  FOR  RENTAL  AT  ANY  PUBLIC
 LIBRARY IN NEW YORK STATE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07788-02-3

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Senate Bill S4063A

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Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Libraries Committee

Bill Amendments

co-Sponsors

Kevin Thomas

2023-S4063 - Details

2023-S4063 - Summary

2023-S4063 - Sponsor Memo

2023-S4063 - Bill Text download pdf

co-Sponsors

Kevin Thomas

2023-S4063A (ACTIVE) - Details

2023-S4063A (ACTIVE) - Summary

2023-S4063A (ACTIVE) - Sponsor Memo

2023-S4063A (ACTIVE) - Bill Text download pdf

Comments