What's happening
This bill prohibits publishers from delaying e-book availability to New York public libraries, ensuring simultaneous access as consumers receive them.
Why it matters
Ensures equal and timely access to literature. for library patrons by preventing publishers from withholding new e-book releases from public libraries while making them available to consumers and retailers.
Limits publishers’ ability to use “library embargoes”. as a negotiating tactic, potentially increasing the diversity and immediacy of digital book offerings available through public libraries.
Protects public investment and educational resources. by requiring that state and local agencies, as well as higher education institutions, only contract with publishers who provide simultaneous e-book access, thereby supporting equitable access to information.
Exempts other contract terms. (such as pricing or licensing models) from regulation, meaning the law specifically targets the timing of e-book availability rather than broader aspects of library-publisher agreements.
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Who cares
Headline styles
No E-Book Delays for Libraries
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
No E-Book Delays for Libraries
In Assembly Committee · Libraries And Education Technology · Sponsor Sean Ryan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7098
IN SENATE (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 Assembly, 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 association library, as such terms are defined in section two hundred fiftythree 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.