Bill Text: NY A07265 | 2017-2018 | General Assembly | Amended


Bill Title: Establishes a comprehensive centralized system to coordinate procurement of books and non-print library materials and related ancillary services.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Engrossed) 2018-06-20 - RETURNED TO ASSEMBLY [A07265 Detail]

Download: New_York-2017-A07265-Amended.html


                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.
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