NY State Senate Bill 2021-S120

Senate Bill S120

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Libraries 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to libraries
Jan 25, 2021	committee discharged and committed to libraries
Jan 06, 2021	referred to consumer protection

co-Sponsors

2021-S120 (ACTIVE) - Details

See Assembly Version of this Bill:: A7215
Current Committee:: Senate Libraries
Law Section:: General Business Law
Laws Affected:: Add §338, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7240
2023-2024: S4063

2021-S120 (ACTIVE) - Summary

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

2021-S120 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S120

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:

S. 7240; of 2020 referred to Senate Consumer Protection Committee

 
FISCAL IMPLICATIONS:

None.

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

2021-S120 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    120
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAPLAN, THOMAS -- 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.
                                                            LBD01932-01-1

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Senate Bill S120

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Sponsored By

Anna M. Kaplan