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: (Vetoed) 2018-12-07 - tabled [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. LBD10766-03-8A. 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 inA. 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 4A. 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.