S T A T E O F N E W Y O R K
________________________________________________________________________
6424--A
2017-2018 Regular Sessions
I N S E N A T E
May 18, 2017
___________
Introduced by Sens. RITCHIE, AMEDORE, BOYLE, CROCI, FUNKE, GALLIVAN,
HANNON, RANZENHOFER, SAVINO, SERINO, SEWARD, TEDISCO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance -- recommitted to the Committee on Finance in accordance with
Senate Rule 6, sec. 8 -- 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:
Section 1. Subdivision 9 of section 160 of the state finance law, as
amended by chapter 106 of the laws of 2012, is amended to read as
follows:
9. "State agency" or "state agencies" means all state departments,
boards, commissions, offices or institutions but excludes, however, for
the purposes of subdivision five of section three hundred fifty-five of
the education law, the state university of New York and excludes, for
the purposes of subdivision a of section sixty-two hundred eighteen of
the education law, the city university of New York; provided, however,
that the state university of New York and the city university of New
York shall be subject to the provisions of section one hundred sixty-
five-a of this article AND SHALL BE AUTHORIZED TO USE THE COMPREHENSIVE
CENTRALIZED SYSTEM ESTABLISHED PURSUANT TO PARAGRAPH E OF SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE. Furthermore,
such term shall not include the legislature or the judiciary.
§ 2. Subdivision 3 of section 163 of the state finance law is amended
by adding a new paragraph e to read as follows:
E. (I) THE COMMISSIONER SHALL ESTABLISH A COMPREHENSIVE CENTRALIZED
SYSTEM TO COORDINATE THE PROCUREMENT OF BOOKS AND NON-PRINT LIBRARY
MATERIALS AND RELATED ANCILLARY SERVICES. THE SYSTEM SHALL BE DESIGNED
AND OPERATED IN CONSULTATION WITH THE STATE LIBRARY TO PROVIDE STATE
AGENCIES AND AUTHORIZED USERS WITH ACCESS TO BOOKS, WHETHER IN PRINT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10766-04-8
S. 6424--A 2
ELECTRONIC FORM, INCLUDING TRADE, NON-TRADE, SCIENTIFIC, TECHNICAL, LAW,
TEXT BOOKS, REFERENCE, ENCYCLOPEDIAS, HANDBOOKS, UNIVERSITY PRESS PUBLI-
CATIONS, SOCIETY OR ASSOCIATION PUBLICATIONS, FOREIGN PUBLICATIONS AND
OUT-OF-PRINT BOOKS, AND WITH NON-PRINT LIBRARY MATERIALS AND RELATED
ANCILLARY SERVICES, INCLUDING ELECTRONIC DATABASES, ABRIDGED AND
UNABRIDGED AUDIO BOOKS ON TAPE, CD/DVD AND MP3/MP4 FORMAT, NON-SUBSCRIP-
TION BASED EBOOKS, MICROFILM, MICROFICHE, MICROCARDS, MICROPRINT, FILM-
STRIPS, SLIDES, DVD AND BLU-RAY (I.E., MOTION PICTURES, VIDEOS), AUDIO
CASSETTES, COMPACT DISCS, LASER DISCS, CD-ROMS, MICROCOMPUTER SOFTWARE
(EDUCATIONAL), MAPS/GLOBES/ATLASES/CHARTS, VIDEO GAMES, SHEET
MUSIC/SCORES AND AUDIO-VISUAL MATERIALS. RELATED ANCILLARY SERVICES
SHALL INCLUDE, BUT ARE NOT LIMITED TO, COLLECTION MANAGEMENT SERVICES.
(II) THE SYSTEM SHALL TO THE MAXIMUM EXTENT PRACTICABLE BE DESIGNED TO
FACILITATE THE PROCUREMENT OF BOOKS AND NON-PRINT LIBRARY MATERIALS AND
RELATED ANCILLARY SERVICES AT THE LOWEST POSSIBLE COST THROUGH THE
COMBINED MARKET POWER OF STATE AGENCIES AND AUTHORIZED USERS OR CONSOR-
TIA THEREOF. A STATE AGENCY OR AUTHORIZED USER THAT ELECTS TO PURCHASE
ITEMS FROM A SEPARATE CENTRALIZED CONTRACT SHALL BE ADVISED OF THE ACTU-
AL OR APPROXIMATE SAVINGS THAT WOULD HAVE RESULTED FROM USING THE
COMPREHENSIVE CENTRALIZED SYSTEM.
(III) WHENEVER FEASIBLE, AT LEAST ONE REMAINING COPY OF A BOOK OR
OTHER MATERIAL SHALL BE RETAINED BY OR SHALL OTHERWISE BE AVAILABLE TO
THE SYSTEM, WHEN SUCH RETENTION IS NECESSARY AND APPROPRIATE FOR
ARCHIVAL PURPOSES.
(IV) ELECTRONIC MATERIALS THAT ARE PROCURED THROUGH THE SYSTEM SHALL
BE ACCESSIBLE TO PEOPLE WITH DISABILITIES TO THE MAXIMUM EXTENT PRACTI-
CABLE.
§ 3. The education law is amended by adding a new section 245-a to
read as follows:
§ 245-A. COMPREHENSIVE CENTRALIZED SYSTEM; STATE LIBRARY RESPONSIBIL-
ITIES. TO ENSURE THAT THE COMPREHENSIVE CENTRALIZED SYSTEM PROCUREMENT
FOR BOOKS AND NON-PRINT LIBRARY MATERIALS AND RELATED ANCILLARY SERVICES
ESTABLISHED PURSUANT TO PARAGRAPH E OF SUBDIVISION THREE OF SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW IS DESIGNED AND OPERATED TO
ADDRESS THE NEEDS OF STATE AGENCIES AND AUTHORIZED USERS, THE STATE
LIBRARY SHALL PERIODICALLY ASSESS THE REQUIREMENTS OF STATE AGENCIES,
PUBLIC LIBRARIES AND LIBRARY SYSTEMS AND OTHER AUTHORIZED USERS FOR
BOOKS AND NON-PRINT LIBRARY MATERIALS AND RELATED ANCILLARY SERVICES,
AND SHALL ADVISE THE OFFICE OF GENERAL SERVICES OF SUCH REQUIREMENTS.
§ 4. Paragraph a of subdivision 5 of section 355 of the education law,
as amended by section 31 of part L of chapter 55 of the laws of 2012, is
amended to read as follows:
a. (i) purchase materials, proprietary electronic information
resources including but not limited to academic, professional, and
industry journals, reference handbooks and manuals, research tracking
tools, indexes [and], abstracts[,] AND equipment and supplies, including
computer equipment 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; PROVIDED THAT
NOTHING IN THIS SECTION SHALL PRECLUDE THE USE OF THE COMPREHENSIVE
CENTRALIZED SYSTEM ESTABLISHED PURSUANT TO PARAGRAPH E OF SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW;
S. 6424--A 3
§ 5. Paragraph a of subdivision 5 of section 355 of the education law,
as amended by section 32 of part L of chapter 55 of the laws of 2012, is
amended to read as follows:
a. (i) purchase materials, proprietary electronic information
resources including but not limited to academic, professional, and
industry journals, reference handbooks and manuals, research tracking
tools, indexes and abstracts equipment and supplies, including computer
equipment and motor vehicles, where the amount for a single purchase
does not exceed twenty thousand dollars, (ii) execute contracts for
services and construction contracts to an amount not exceeding twenty
thousand dollars, and (iii) contract for printing to an amount not
exceeding five thousand dollars, 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 rules and regulations promulgated by
the state university board of trustees after consultation with the state
comptroller; PROVIDED THAT NOTHING IN THIS SECTION SHALL PRECLUDE THE
USE OF THE COMPREHENSIVE CENTRALIZED SYSTEM ESTABLISHED PURSUANT TO
PARAGRAPH E OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-THREE OF
THE STATE FINANCE LAW. In addition, the trustees, after consultation
with the commissioner of general services, are authorized to annually
negotiate with the state comptroller increases in the aforementioned
dollar limits and the exemption of any articles, categories of articles
or commodities from these limits. Rules and regulations promulgated by
the state university board of trustees shall, to the extent practicable,
require that competitive proposals be solicited for purchases, and shall
include requirements that purchases and contracts authorized under this
section be at the lowest available price, including consideration of
prices available through other state agencies, consistent with quality
requirements, and as will best promote the public interest. Such
purchases may be made directly from any contractor pursuant to any
contract for commodities let by the office of general services or any
other state agency;
§ 6. 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 and subparagraph (i) as amended by section 33 of part L of
chapter 55 of the laws of 2012, is amended to read as follows:
(1) (i) purchase materials; proprietary electronic information
resources, including, but not limited to, academic, professional and
industry journals, reference handbooks and manuals, research tracking
tools, indexes and abstracts; and equipment and supplies, including
computer equipment 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; PROVIDED THAT
NOTHING IN THIS SECTION SHALL PRECLUDE THE USE OF THE COMPREHENSIVE
CENTRALIZED SYSTEM ESTABLISHED PURSUANT TO PARAGRAPH E OF SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
§ 7. Subdivision a of section 6218 of the education law, as amended by
chapter 697 of the laws of 1993 and paragraph (i) as amended by section
34 of part L of chapter 55 of the laws of 2012, is amended to read as
follows:
S. 6424--A 4
a. Notwithstanding the provisions of paragraph two of section one
hundred twelve and sections one hundred fifteen, one hundred sixty-one,
one hundred sixty-three and one hundred seventy-four of the state
finance law and sections three and six of the New York state printing
and public documents law or any other law to the contrary, the city
university trustees are authorized and empowered to:
(i) purchase materials; proprietary electronic information resources,
including, but not limited to, academic, professional and industry jour-
nals, reference handbooks and manuals, research tracking tools, indexes
and abstracts; and equipment and supplies, including computer equipment
and motor vehicles, where the amount for a single purchase does not
exceed twenty thousand dollars, (ii) execute contracts for services to
an amount not exceeding twenty thousand dollars, and (iii) contract for
printing to an amount not exceeding five thousand dollars, 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 rules and regu-
lations promulgated by the city university board of trustees after
consultation with the state comptroller; PROVIDED THAT NOTHING IN THIS
SECTION SHALL PRECLUDE THE USE OF THE COMPREHENSIVE CENTRALIZED SYSTEM
ESTABLISHED PURSUANT TO PARAGRAPH E OF SUBDIVISION THREE OF SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW. In addition, the trustees
are authorized to annually negotiate with the state comptroller
increases in the aforementioned dollar limits and the exemption of any
articles, categories of articles or commodities from these limits. Rules
and regulations promulgated by the city university board of trustees
shall, to the extent practicable, require that competitive proposals be
solicited for purchases, and shall include requirements that purchases
and contracts authorized under this section be at the lowest possible
price.
§ 8. The office of general services shall be authorized to charge fees
to defray its reasonable costs and the reasonable costs incurred by the
state library for the development and operation of the comprehensive
centralized system, and shall transfer the appropriate portion of such
fees to the state library. All such costs, charges and transfers shall
be subject to audit and approval by the state comptroller.
§ 9. This act shall take effect immediately; provided, however, that:
a. the comprehensive centralized system shall commence operation no
later than the thirty-first day of May in the year next succeeding the
year in which it shall have become a law;
b. the amendments to subdivision 3 of section 163 of the state finance
law made by section two of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
c. the amendments to paragraph a of subdivision 5 of section 355 of
the education law made by section four of this act shall be subject to
the expiration and reversion of such subdivision pursuant to section 4
of subpart B of part D of chapter 58 of the laws of 201l, as amended,
when upon such date the provisions of section five of this act shall
take effect; and
d. the amendments to paragraph 1 of subdivision a of section 6218 of
the education law made by section six of this act shall be subject to
the expiration and reversion of such subdivision pursuant to section 4
of subpart B of part D of chapter 58 of the laws of 2011, as amended,
when upon such date the provisions of section seven of this act shall
take effect.
