Assembly Bill A9625A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9625--A
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
   Committee  on  Libraries  and  Education   Technology   --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education  law, in relation to the facilitating
   access to e-books for libraries act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "facilitat-
 ing access to e-books for libraries act".
   §  2. The education law is amended by adding a new section 286 to read
 as follows:
   § 286. ACCESS TO ELECTRONIC BOOKS AND DIGITAL AUDIOBOOKS. 1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A. "DIGITAL AUDIOBOOK" MEANS A PUBLISHED WORK THAT IS IN THE FORM OF A
 VOICE RECORDING (NARRATED) AND IS RELEASED AS A DIGITAL AUDIO FILE.
   B. "ELECTRONIC BOOK" MEANS A PUBLISHED WORK THAT IS  IN  WRITTEN  FORM
 AND IS RELEASED AS A DIGITAL TEXT FILE.
   C.  "ELECTRONIC  LITERARY  MATERIALS"  MEANS DIGITAL AUDIOBOOKS AND/OR
 ELECTRONIC BOOKS.
   D. "LIBRARIES" INCLUDES:
   (1) PUBLIC LIBRARIES;
   (2) PUBLIC ELEMENTARY SCHOOL OR SECONDARY SCHOOL LIBRARIES;
   (3) TRIBAL LIBRARIES;
   (4) ACADEMIC LIBRARIES;
   (5) RESEARCH LIBRARIES; AND
   (6) ARCHIVES.
   E. "PUBLIC LIBRARY SYSTEM" MEANS A LIBRARY ESTABLISHED BY ONE OR  MORE
 COUNTIES,  A  GROUP  OF  LIBRARIES SERVING AN AREA INCLUDING ONE OR MORE
 COUNTIES IN WHOLE OR IN PART, A LIBRARY OF A CITY CONTAINING ONE OR MORE
 COUNTIES, OR A COOPERATIVE LIBRARY SYSTEM ESTABLISHED  PURSUANT  TO  THE
 PROVISIONS OF SECTION TWO HUNDRED FIFTY-FIVE OF THIS PART.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11590-04-6
              

 A. 9625--A                          2
 
   F. "SCHOOL LIBRARY SYSTEM" MEANS A LIBRARY OR GROUP OF LIBRARIES SERV-
 ING  A SCHOOL DISTRICT ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION
 TWO HUNDRED EIGHTY-TWO OF THIS PART.
   G.  "PUBLISHER" MEANS ONE WHOSE BUSINESS IS THE MANUFACTURE, PROMULGA-
 TION, LICENSE, AND/OR SALE OF BOOKS,  AUDIOBOOKS,  JOURNALS,  MAGAZINES,
 NEWSPAPERS, OR OTHER LITERARY PRODUCTIONS INCLUDING THOSE IN THE FORM OF
 ELECTRONIC LITERARY MATERIALS.
   H. "AGGREGATOR" MEANS ONE WHOSE BUSINESS IS THE LICENSING OF ACCESS TO
 ELECTRONIC  LITERARY MATERIAL COLLECTIONS THAT INCLUDE ELECTRONIC LITER-
 ARY MATERIAL FROM MULTIPLE  PUBLISHERS  AND  PROVIDES  A  CORE  PLATFORM
 SERVICE  USED BY LIBRARIES FOR THE LENDING OR DISTRIBUTION OF ELECTRONIC
 LITERARY MATERIALS.
   I. "A COOPERATIVE PURCHASING AGREEMENT" MEANS AN AGREEMENT  AUTHORIZED
 BY  THE  GOVERNING BODIES OF A LIBRARY, PUBLIC LIBRARY SYSTEM, OR SCHOOL
 LIBRARY SYSTEM JOINTLY ESTABLISHING TERMS FOR NEGOTIATIONS AND CONTRACTS
 WITH PUBLISHERS AND AGGREGATORS REGARDING THE  PURCHASE  OR  LICENSE  OF
 ELECTRONIC LITERARY MATERIALS.
   2.  LIBRARIES,  PUBLIC LIBRARY SYSTEMS, AND SCHOOL LIBRARY SYSTEMS MAY
 ENTER INTO COOPERATIVE PURCHASING AGREEMENTS FOR THE PURPOSE OF  NEGOTI-
 ATING  AND  ENTERING  INTO  CONTRACTS  WITH PUBLISHERS OR AGGREGATORS TO
 PURCHASE OR LICENSE ELECTRONIC LITERARY MATERIALS.
   3. ANY CONTRACT OFFERED BY A PUBLISHER OR  AGGREGATOR  TO  A  LIBRARY,
 PUBLIC  LIBRARY  SYSTEM, OR SCHOOL LIBRARY SYSTEM TO PURCHASE OR LICENSE
 ELECTRONIC LITERARY MATERIALS  MAY  NOT  RESTRICT  THE  LIBRARY,  PUBLIC
 LIBRARY  SYSTEM,  OR  SCHOOL LIBRARY SYSTEM FROM DISCLOSING ANY TERMS OF
 ITS PURCHASE  OR  LICENSE  AGREEMENTS  TO  OTHER  LIBRARIES  OR  LIBRARY
 SYSTEMS.
   4.  AN  AGGREGATOR  PROVIDING  A  CORE  PLATFORM SERVICE SHALL, TO THE
 EXTENT TECHNICALLY  FEASIBLE,  PERMIT  INTEROPERABILITY  WITH  COMPETING
 AGGREGATORS  AND  ENABLE  LIBRARIES TO TRANSFER OR ACCESS LICENSED ELEC-
 TRONIC LITERARY MATERIALS ACROSS PLATFORMS WITHOUT UNREASONABLE  TECHNI-
 CAL OR CONTRACTUAL RESTRICTIONS.
   5. NO AGGREGATOR SHALL IMPOSE EXCLUSIVITY PROVISIONS OR OTHER CONTRAC-
 TUAL  TERMS  THAT  UNREASONABLY  RESTRICT  A LIBRARY'S ABILITY TO ACCESS
 ELECTRONIC LITERARY MATERIALS FROM MULTIPLE AGGREGATORS.
   § 3. This act shall take effect immediately.