Bill Text: NY A07626 | 2015-2016 | General Assembly | Amended
Bill Title: Directs the department of education to develop a plan for increasing access to and lending of electronic books across state libraries.
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Passed) 2015-11-20 - signed chap.459 [A07626 Detail]
Download: New_York-2015-A07626-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7626--A
2015-2016 Regular Sessions
I N A S S E M B L Y
May 20, 2015
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Libraries and Education Technology -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT directing the state department of education to develop a compre-
hensive plan for increasing access to and lending of electronic books
in public libraries and public library systems across New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The commissioner of the state education department is here-
2 by authorized and directed to study and develop a comprehensive plan for
3 increasing access to and lending of electronic books in public libraries
4 and public library systems across New York state. In preparing such
5 study, the commissioner shall consult with individuals who have experi-
6 ence and expertise in public libraries and public library systems,
7 publishing electronic books, or distributing electronic books.
8 1. Definitions. For the purposes of this act, the following terms
9 shall be defined as follows:
10 (a) "Electronic book" shall mean an electronic version of a printed
11 book that can be read on any digital device used for personal or public
12 use.
13 (b) "Public library" shall mean any public or association library,
14 other than professional, technical or public school library, established
15 for free public purposes by official action of a municipality or
16 district or the legislature, where the whole interests belong to the
17 public; the term "association" library shall be construed to mean a
18 library established and controlled, in whole or in part, by a group of
19 private individuals operating as an association, closed corporation or
20 as trustees under the provisions of a will or deed of trust; and the
21 term "free" as applied to a library shall be construed to mean a library
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08533-03-5
A. 7626--A 2
1 maintained for the benefit and free use on equal terms of all the people
2 of the community in which the library is located.
3 (c) "Public library system" shall mean:
4 (i) A library established by one or more counties.
5 (ii) A group of libraries serving an area including one or more coun-
6 ties in whole or in part.
7 (iii) A library of a city containing one or more counties.
8 (iv) A cooperative library system established pursuant to section two
9 hundred fifty-five of the education law, the plan of library service of
10 any of which shall have been approved by the commissioner.
11 2. Such study carried out pursuant to this section shall include, but
12 not be limited to, the following issues:
13 (a) Examining how electronic books are sold and distributed to public
14 libraries and public library systems in New York state;
15 (b) Identifying challenges public libraries and public library systems
16 face in acquiring electronic books;
17 (c) Examining how public libraries and public library systems are
18 lending electronic books to their patrons;
19 (d) Assessing to what degree publishers and distributors are making
20 their electronic books available to public libraries and public library
21 systems in New York state;
22 (e) Reviewing the lending and licensing agreements offered by distrib-
23 utors and publishers of electronic books to public libraries and public
24 library systems;
25 (f) Examining the restrictions on use placed by publishers and
26 distributors on electronic books; and
27 (g) Recommending reasonable terms that would allow public libraries
28 and public library systems to purchase electronic books from publishers
29 or distributors at affordable costs with minimal restrictions on access
30 and use.
31 S 2. Such study and plan shall be provided to the governor, the speak-
32 er of the assembly, the temporary president of the senate, the chair of
33 the assembly libraries and education technology committee, and the chair
34 of the senate select committee on libraries by June 1, 2016.
35 S 3. This act shall take effect immediately.
