NY State Senate Bill 2019-S7240

Senate Bill S7240

2019-2020 Legislative Session

Prohibits publishers from limiting the number of copies of e-books available at public libraries

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2020	referred to consumer protection

co-Sponsors

2019-S7240 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §338, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S120
2023-2024: S4063

2019-S7240 (ACTIVE) - Summary

Prohibits publishers from limiting the number of copies of e-books available at public libraries in New York.

2019-S7240 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7240

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
publishers from limiting the number of copies of e-books available at
public libraries

 
PURPOSE:

This legislation seeks to prohibit the artificial limitation on the
number of copies of e-books available at public libraries.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 338 to the general business law. This
section defines E-book and public library for use within this act. This
section importantly prohibits those publishing a book for sale in New
York in an e-book format from limiting the number of copies available to
a public library.

Section 2 is the effective date.

 
JUSTIFICATION:

As technology advances and reading trends change the use of e-books is
ever increasing. People now routinely read on their phones or tablets at
a rate that could not even be comprehended a decade ago. New York's
great library system provides residents the opportunity to numerous
genres of books, they are part of the fabric of our communities. Seeking
to increase the technology they have available, libraries are now
purchasing e-books for their patrons to borrow and read in the same
exact way they offer traditional books.  However, recently a publisher
has made it known that they will limit the amount of e-books available
to libraries for the purpose of limiting the availability of e-books to
patrons. This artificial limitation on the discretion of libraries for
their patrons is troubling and should be addressed to ensure library
patrons can enjoy reading the literature they want in the form they
want.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

2019-S7240 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7240
 
                             I N  S E N A T E
 
                             January 13, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   publishers  from limiting the number of copies of e-books available at
   public libraries
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 338 to read as follows:
   § 338. E-BOOKS.  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "E-BOOK" SHALL MEAN A BOOK PUBLISHED IN  OR  CONVERTED  TO  DIGITAL
 FORMAT FOR DISPLAY ON A COMPUTER SCREEN OR HANDHELD ELECTRONIC DEVICE.
   B. "PUBLIC LIBRARY" SHALL MEAN A LIBRARY, OTHER THAN A PROFESSIONAL OR
 TECHNICAL  LIBRARY,  ESTABLISHED  FOR  FREE  PUBLIC PURPOSES BY OFFICIAL
 ACTION OF A MUNICIPALITY OR DISTRICT OR THE LEGISLATURE, WHERE THE WHOLE
 INTERESTS BELONG TO THE PUBLIC, OR ANY OTHER LIBRARY MAINTAINED FOR  THE
 BENEFIT  AND  FREE USE ON EQUAL TERMS OF ALL THE PEOPLE OF THE COMMUNITY
 IN WHICH SUCH LIBRARY IS LOCATED.
   2. NO PERSON, PARTNERSHIP, LIMITED PARTNERSHIP, UNINCORPORATED  JOINT-
 STOCK ASSOCIATION, OR CORPORATION PUBLISHING A BOOK FOR SALE IN NEW YORK
 STATE  IN AN E-BOOK FORMAT SHALL, IN ANY WAY, LIMIT THE NUMBER OF COPIES
 OF SUCH E-BOOK WHICH MAY BE MADE AVAILABLE  FOR  RENTAL  AT  ANY  PUBLIC
 LIBRARY IN NEW YORK STATE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14548-01-9

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Senate Bill S7240

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Sponsored By

Anna M. Kaplan