Bill Text: NY A09048 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-10 - referred to libraries and education technology [A09048 Detail]

Download: New_York-2019-A09048-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9048

                   IN ASSEMBLY

                                    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:

     1    Section 1. The state finance law is amended by adding  a  new  section
     2  148 to read as follows:
     3    §  148.  Electronic book publisher requirements in certain procurement
     4  contracts. 1.  For purposes of this section, the following  terms  shall
     5  have the following meanings:
     6    (a)  "E-book" or "electronic book" shall mean an electronic version of
     7  a printed book that can be read on a computer or  any  other  electronic
     8  device.
     9    (b)  "Publisher"  shall mean an individual or entity whose business is
    10  the publishing of books, including electronic books.
    11    2. Notwithstanding any other provision of law to the contrary, a state
    12  agency as defined in section one hundred  sixty  of  this  chapter,  any
    13  state  and  local  authority as such terms are defined in section two of
    14  the public authorities  law,  a  municipal  corporation  as  defined  in
    15  section  two  of  the general municipal law, a public library or associ-
    16  ation library, as such terms are defined in section two  hundred  fifty-
    17  three  of  the  education law, the state university of New York, or city
    18  university of New York shall not enter into a  contract  which  provides
    19  for  the  purchase  of  e-books  for  the purpose of making such e-books
    20  available in certain  public  libraries  throughout  the  state  with  a
    21  publisher  when  such  publisher  engages  in  discriminatory  practices
    22  related to the availability of e-books to  public  libraries.  Any  such
    23  contracts  shall not require such agencies, corporations, authorities or
    24  libraries to delay the availability of such e-books to public  libraries
    25  for  any  specified  amount  of  time.  Such  contracts shall ensure all
    26  e-books be made available to public libraries at the same time,  in  any
    27  desired  quantity,  as  such  e-books  become available to consumers and
    28  retailers.
    29    3. This section shall not apply to other terms of sales  or  contracts
    30  for purposes of sales to libraries and other public institutions.
    31    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14591-02-9