Bill S6018-2011

Clarifies reforms to the procurement process for the state and city university in regards to the purchase or subscription to online electronic resources

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.

Details

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

Meetings

Votes

VOTE: COMMITTEE VOTE: - Higher Education - Mar 6, 2012
Ayes (17): LaValle, Alesi, Flanagan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Seward, Zeldin, Stavisky, Kennedy, Krueger, Parker, Rivera, Serrano, Carlucci
Excused (1): Oppenheimer

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6018 IN 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
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.

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