STATE OF NEW YORK
________________________________________________________________________
7265--A
2017-2018 Regular Sessions
IN ASSEMBLY
April 12, 2017
___________
Introduced by M. of A. ABINANTI, JAFFEE, GOTTFRIED, GALEF, GUNTHER,
COOK, CRESPO, M. G. MILLER, FRIEND, CAHILL, JEAN-PIERRE, RA, D'URSO,
JENNE, SOLAGES -- Multi-Sponsored by -- M. of A. ORTIZ, THIELE -- read
once and referred to the Committee on Governmental Operations --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- 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:
1 Section 1. Subdivision 9 of section 160 of the state finance law, as
2 amended by chapter 106 of the laws of 2012, is amended to read as
3 follows:
4 9. "State agency" or "state agencies" means all state departments,
5 boards, commissions, offices or institutions but excludes, however, for
6 the purposes of subdivision five of section three hundred fifty-five of
7 the education law, the state university of New York and excludes, for
8 the purposes of subdivision a of section sixty-two hundred eighteen of
9 the education law, the city university of New York; provided, however,
10 that the state university of New York and the city university of New
11 York shall be subject to the provisions of section one hundred sixty-
12 five-a of this article and shall be authorized to use the comprehensive
13 centralized system established pursuant to paragraph e of subdivision
14 three of section one hundred sixty-three of this article. Furthermore,
15 such term shall not include the legislature or the judiciary.
16 § 2. Subdivision 3 of section 163 of the state finance law is amended
17 by adding a new paragraph e to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10766-03-8
A. 7265--A 2
1 e. (i) The commissioner shall establish a comprehensive centralized
2 system to coordinate the procurement of books and non-print library
3 materials and related ancillary services. The system shall be designed
4 and operated in consultation with the state library to provide state
5 agencies and authorized users with access to books, whether in print of
6 electronic form, including trade, non-trade, scientific, technical, law,
7 text books, reference, encyclopedias, handbooks, university press publi-
8 cations, society or association publications, foreign publications and
9 out-of-print books, and with non-print library materials and related
10 ancillary services, including electronic databases, abridged and
11 unabridged audio books on tape, CD/DVD and MP3/MP4 format, non-subscrip-
12 tion based eBooks, microfilm, microfiche, microcards, microprint, film-
13 strips, slides, DVD and Blu-ray (i.e., motion pictures, videos), audio
14 cassettes, compact discs, laser discs, CD-ROMs, microcomputer software
15 (educational), maps/globes/atlases/charts, video games, sheet
16 music/scores and audio-visual materials. Related ancillary services
17 shall include, but are not limited to, collection management services.
18 (ii) The system shall to the maximum extent practicable be designed to
19 facilitate the procurement of books and non-print library materials and
20 related ancillary services at the lowest possible cost through the
21 combined market power of state agencies and authorized users or consor-
22 tia thereof. A state agency or authorized user that elects to purchase
23 items from a separate centralized contract shall be advised of the actu-
24 al or approximate savings that would have resulted from using the
25 comprehensive centralized system.
26 (iii) Whenever feasible, at least one remaining copy of a book or
27 other material shall be retained by or shall otherwise be available to
28 the system, when such retention is necessary and appropriate for
29 archival purposes.
30 (iv) Electronic materials that are procured through the system shall
31 be accessible to people with disabilities to the maximum extent practi-
32 cable.
33 § 3. The education law is amended by adding a new section 245-a to
34 read as follows:
35 § 245-a. Comprehensive centralized system; state library responsibil-
36 ities. To ensure that the comprehensive centralized system procurement
37 for books and non-print library materials and related ancillary services
38 established pursuant to paragraph e of subdivision three of section one
39 hundred sixty-three of the state finance law is designed and operated to
40 address the needs of state agencies and authorized users, the state
41 library shall periodically assess the requirements of state agencies,
42 public libraries and library systems and other authorized users for
43 books and non-print library materials and related ancillary services,
44 and shall advise the office of general services of such requirements.
45 § 4. Paragraph a of subdivision 5 of section 355 of the education law,
46 as amended by section 31 of part L of chapter 55 of the laws of 2012, is
47 amended to read as follows:
48 a. (i) purchase materials, proprietary electronic information
49 resources including but not limited to academic, professional, and
50 industry journals, reference handbooks and manuals, research tracking
51 tools, indexes [and], abstracts[,] and equipment and supplies, including
52 computer equipment and motor vehicles, (ii) execute contracts for
53 construction and construction-related services contracts, and (iii)
54 contract for printing, without prior approval by any other state officer
55 or agency, but subject to rules and regulations of the state comptroller
56 not otherwise inconsistent with the provisions of this section and in
A. 7265--A 3
1 accordance with guidelines promulgated by the state university board of
2 trustees after consultation with the state comptroller; provided that
3 nothing in this section shall preclude the use of the comprehensive
4 centralized system established pursuant to paragraph e of subdivision
5 three of section one hundred sixty-three of the state finance law;
6 § 5. Paragraph a of subdivision 5 of section 355 of the education law,
7 as amended by section 32 of part L of chapter 55 of the laws of 2012, is
8 amended to read as follows:
9 a. (i) purchase materials, proprietary electronic information
10 resources including but not limited to academic, professional, and
11 industry journals, reference handbooks and manuals, research tracking
12 tools, indexes and abstracts equipment and supplies, including computer
13 equipment and motor vehicles, where the amount for a single purchase
14 does not exceed twenty thousand dollars, (ii) execute contracts for
15 services and construction contracts to an amount not exceeding twenty
16 thousand dollars, and (iii) contract for printing to an amount not
17 exceeding five thousand dollars, without prior approval by any other
18 state officer or agency, but subject to rules and regulations of the
19 state comptroller not otherwise inconsistent with the provisions of this
20 section and in accordance with the rules and regulations promulgated by
21 the state university board of trustees after consultation with the state
22 comptroller; provided that nothing in this section shall preclude the
23 use of the comprehensive centralized system established pursuant to
24 paragraph e of subdivision three of section one hundred sixty-three of
25 the state finance law. In addition, the trustees, after consultation
26 with the commissioner of general services, are authorized to annually
27 negotiate with the state comptroller increases in the aforementioned
28 dollar limits and the exemption of any articles, categories of articles
29 or commodities from these limits. Rules and regulations promulgated by
30 the state university board of trustees shall, to the extent practicable,
31 require that competitive proposals be solicited for purchases, and shall
32 include requirements that purchases and contracts authorized under this
33 section be at the lowest available price, including consideration of
34 prices available through other state agencies, consistent with quality
35 requirements, and as will best promote the public interest. Such
36 purchases may be made directly from any contractor pursuant to any
37 contract for commodities let by the office of general services or any
38 other state agency;
39 § 6. Paragraph 1 of subdivision a of section 6218 of the education
40 law, as amended by section 2 of subpart B of part D of chapter 58 of the
41 laws of 2011 and subparagraph (i) as amended by section 33 of part L of
42 chapter 55 of the laws of 2012, is amended to read as follows:
43 (1) (i) purchase materials; proprietary electronic information
44 resources, including, but not limited to, academic, professional and
45 industry journals, reference handbooks and manuals, research tracking
46 tools, indexes and abstracts; and equipment and supplies, including
47 computer equipment and motor vehicles, (ii) execute contracts for
48 construction and construction-related services contracts, and (iii)
49 contract for printing, without prior approval by any other state officer
50 or agency, but subject to rules and regulations of the state comptroller
51 not otherwise inconsistent with the provisions of this section and in
52 accordance with the guidelines promulgated by the city university board
53 of trustees after consultation with the state comptroller; provided that
54 nothing in this section shall preclude the use of the comprehensive
55 centralized system established pursuant to paragraph e of subdivision
56 three of section one hundred sixty-three of the state finance law.
A. 7265--A 4
1 § 7. Subdivision a of section 6218 of the education law, as amended by
2 chapter 697 of the laws of 1993 and paragraph (i) as amended by section
3 34 of part L of chapter 55 of the laws of 2012, is amended to read as
4 follows:
5 a. Notwithstanding the provisions of paragraph two of section one
6 hundred twelve and sections one hundred fifteen, one hundred sixty-one,
7 one hundred sixty-three and one hundred seventy-four of the state
8 finance law and sections three and six of the New York state printing
9 and public documents law or any other law to the contrary, the city
10 university trustees are authorized and empowered to:
11 (i) purchase materials; proprietary electronic information resources,
12 including, but not limited to, academic, professional and industry jour-
13 nals, reference handbooks and manuals, research tracking tools, indexes
14 and abstracts; and equipment and supplies, including computer equipment
15 and motor vehicles, where the amount for a single purchase does not
16 exceed twenty thousand dollars, (ii) execute contracts for services to
17 an amount not exceeding twenty thousand dollars, and (iii) contract for
18 printing to an amount not exceeding five thousand dollars, without prior
19 approval by any other state officer or agency, but subject to rules and
20 regulations of the state comptroller not otherwise inconsistent with the
21 provisions of this section and in accordance with the rules and regu-
22 lations promulgated by the city university board of trustees after
23 consultation with the state comptroller; provided that nothing in this
24 section shall preclude the use of the comprehensive centralized system
25 established pursuant to paragraph e of subdivision three of section one
26 hundred sixty-three of the state finance law. In addition, the trustees
27 are authorized to annually negotiate with the state comptroller
28 increases in the aforementioned dollar limits and the exemption of any
29 articles, categories of articles or commodities from these limits. Rules
30 and regulations promulgated by the city university board of trustees
31 shall, to the extent practicable, require that competitive proposals be
32 solicited for purchases, and shall include requirements that purchases
33 and contracts authorized under this section be at the lowest possible
34 price.
35 § 8. The office of general services shall be authorized to charge fees
36 to defray its reasonable costs and the reasonable costs incurred by the
37 state library for the development and operation of the comprehensive
38 centralized system, and shall transfer the appropriate portion of such
39 fees to the state library. All such costs, charges and transfers shall
40 be subject to audit and approval by the state comptroller.
41 § 9. This act shall take effect immediately; provided, however, that:
42 a. the comprehensive centralized system shall commence operation no
43 later than the thirty-first day of May in the year next succeeding the
44 year in which it shall have become a law;
45 b. the amendments to subdivision 3 of section 163 of the state finance
46 law made by section two of this act shall not affect the repeal of such
47 section and shall be deemed repealed therewith;
48 c. the amendments to paragraph a of subdivision 5 of section 355 of
49 the education law made by section four of this act shall be subject to
50 the expiration and reversion of such subdivision pursuant to section 4
51 of subpart B of part D of chapter 58 of the laws of 201l, as amended,
52 when upon such date the provisions of section five of this act shall
53 take effect; and
54 d. the amendments to paragraph 1 of subdivision a of section 6218 of
55 the education law made by section six of this act shall be subject to
56 the expiration and reversion of such subdivision pursuant to section 4
A. 7265--A 5
1 of subpart B of part D of chapter 58 of the laws of 2011, as amended,
2 when upon such date the provisions of section seven of this act shall
3 take effect.