Clarifies reforms to the procurement process for the state and city university in regards to the purchase or subscription of library materials such as books and online electronic resources.

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S6018-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Mar 12, 2012: ADVANCED TO THIRD READING
• Mar 7, 2012: 2ND REPORT CAL.
• Mar 6, 2012: 1ST REPORT CAL.312
• Jan 4, 2012: REFERRED TO HIGHER EDUCATION

S6018-2011 Meetings

Higher Education: Mar 6, 2012

S6018-2011 Calendars

Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: Apr 18, 2012 , Floor Calendar: Apr 19, 2012 , Floor Calendar: Apr 25, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S6018-2011 Votes

S6018-2011 Memo

BILL NUMBER:S6018

TITLE OF BILL:
An act
to amend the education law, in relation to clarifying reforms to the
procurement process for the state and city university in regards to the
purchase or subscription to
online electronic resources

PURPOSE:
The bill would clarify reforms to the procurement process enacted in
2011 for SUNY and CUNY to allow the purchase, licensing or
subscription to library materials in electronic formats, including
books, journals or databases - commonly called e-resources - to be
considered goods or products and not services.

SUMMARY OF PROVISIONS:
Sections one and two of the bill amend subdivisions 5 and 6,
respectively, of Section 355 of the Education Law to clarify that the
purchase or subscription by SUNY to electronic or digital formats of
books, serials and databases are to be considered goods or products
for procurement purposes.

Section three of the bill amends paragraph 1 of subdivision a of
section 6218 of the Education Law to clarify that the purchase or
subscription by CUNY to electronic or digital formats of books,
serials and databases are to be considered goods or products for
procurement purposes.

Section four provides the effective date.

JUSTIFICATION:
A growing majority of libraries purchase their collections in digital
or electronic formats which are not physical items such as hardcover
books or magazines. These e-resources can provide superior knowledge
access for students, faculty and researchers, such as allowing
keyword searching of entire texts. Similarly, e-resources, including
e-journals and e-books, can be downloaded to mobile devices, extending
the access to these important research resources. Such materials can
also be made available to multiple individuals at the same time.

Procurement laws have not kept up with these changes in formats in
providing the information that library users have come to expect and
which provide needed enhanced-quality research capabilities.
Libraries purchase these materials through subscriptions to various
vendors. Procurement laws need to be updated and made more flexible
to respond to rapid advancements in technology and how traditional
library materials are-now purchased and made accessible to library
users.

This bill clarifies that the purchase of electronic library resources
will be treated in the same manner as the purchase of physical books
and magazines.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

S6018-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6018

                              I N  SENATE

                                 (PREFILED)

                               January 4, 2012
                                 ___________

  Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Higher Education

  AN ACT to amend the education law, in relation to clarifying reforms  to
    the  procurement  process for the state and city university in regards
    to the purchase or subscription to online electronic resources

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Paragraph a of subdivision 5 of section 355 of the educa-
  tion law, as amended by section 1 of subpart B of part D of  chapter  58
  of the laws of 2011, is amended to read as follows:

    a.  (i) purchase materials, equipment and supplies, including computer
  equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
  AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
  construction  and  construction-related  services  contracts,  and (iii)
  contract for printing, without prior approval by any other state officer
  or agency, but subject to rules and regulations of the state comptroller
  not otherwise inconsistent with the provisions of this  section  and  in
  accordance  with guidelines promulgated by the state university board of
  trustees after consultation with the state comptroller;
    S 2. Subdivision 6 of section 355 of the education law, as amended  by
  section  1  of subpart B of part D of chapter 58 of the laws of 2011, is
  amended to read as follows:

    6. To enter into any contract or agreement deemed necessary or  advis-
  able after consultation with appropriate state agencies for carrying out
  the  objects  and  purposes  of state university without prior review or
  approval by any state officer or agency other than the state comptroller
  and the attorney general  including  contracts  with  non-profit  corpo-
  rations  organized  by  officers, employees, alumni or students of state
  university for the furtherance of its objects and purposes.    Contracts
  or agreements entered into with the federal government to enable partic-
  ipation  in federal student loan programs, including any and all instru-
  ments required thereunder, shall not be subject to the  requirements  of
  section  forty-one of the state finance law; provided, however, that the

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13488-02-1

 S. 6018                             2

  state shall not be liable for any portion of any defaults which  it  has
  agreed  to  assume pursuant to any such agreement in an amount in excess
  of money appropriated or otherwise lawfully available  therefor  at  the
  time  the  liability  for payment arises. The foregoing notwithstanding,
  any contract made for or by the state university for  the  purchase  of:

  (i)  materials, equipment and supplies, including computer equipment AND
  LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS AND  ELEC-
  TRONIC  RESOURCES; (ii) motor vehicles; (iii) construction and construc-
  tion-related services contracts; and (iv) printing shall not be  subject
  to prior approval by any other state officer or agency.
    S  3.  Paragraph  1  of subdivision a of section 6218 of the education
  law, as amended by section 2 of subpart B of part D of chapter 58 of the
  laws of 2011, is amended to read as follows:

    (1) (i) purchase materials, equipment and supplies, including computer
  equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
  AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
  construction  and  construction-related  services  contracts,  and (iii)
  contract for printing, without prior approval by any other state officer
  or agency, but subject to rules and regulations of the state comptroller
  not otherwise inconsistent with the provisions of this  section  and  in
  accordance  with the guidelines promulgated by the city university board
  of trustees after consultation with the state comptroller.
    S 4. This act shall take effect immediately, provided that the  amend-
  ments  to subdivisions 5 and 6 of section 355 of the education law, made
  by sections one and two of this act shall not affect the  expiration  of
  such  subdivisions  and  shall  be deemed to expire therewith.  Provided
  further that the amendments to subdivision a  of  section  6218  of  the
  education  law,  made  by section three of this act shall not affect the
  expiration of such subdivision and shall be deemed to expire therewith.