Permits libraries and library systems to enter into cooperative purchasing agreements to purchase or license electronic literary materials; prevents contracts between publishers or aggregators and libraries or library systems from restricting the disclosure of certain information.
STATE OF NEW YORK
________________________________________________________________________
9625--B
IN ASSEMBLY
January 21, 2026
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee on Libraries and Education Technology -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the facilitating
access to e-books for libraries act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "facilitat-
2 ing access to e-books for libraries act".
3 § 2. The education law is amended by adding a new section 286 to read
4 as follows:
5 § 286. Access to electronic books and digital audiobooks. 1. For the
6 purposes of this section, the following terms shall have the following
7 meanings:
8 a. "Digital audiobook" means a published work that is in the form of a
9 voice recording (narrated) and is released as a digital audio file.
10 b. "Electronic book" means a published work that is in written form
11 and is released as a digital text file.
12 c. "Electronic literary materials" means digital audiobooks and/or
13 electronic books.
14 d. "Libraries" includes:
15 (1) a public library as described in subdivision two of section two
16 hundred fifty-three of this part, as well as any public library estab-
17 lished pursuant to the provisions of subdivision one of section two
18 hundred fifty-five of this part;
19 (2) an association library as described in subdivision two of section
20 two hundred fifty-three of this part;
21 (3) a free library as described in subdivision two of section two
22 hundred fifty-three of this part;
23 (4) an Indian library as described in subdivision three of section two
24 hundred fifty-three of this part, as well as an Indian library estab-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11590-06-6
A. 9625--B 2
1 lished pursuant to the provisions of subdivision four of section two
2 hundred fifty-five of this part;
3 (5) reference libraries as described in subdivision one of section two
4 hundred fifty-three of this part; and
5 (6) circulating libraries as described in subdivision one of section
6 two hundred fifty-three this part.
7 e. "Public library system" shall have the same meaning as such term is
8 defined in subdivision one of section two hundred seventy-two of this
9 part.
10 f. "School library system" means a system established pursuant to the
11 provisions of section two hundred eighty-two of this part.
12 g. "Reference and research library resources systems" shall have the
13 same meaning as such term is defined in subdivision two of section two
14 hundred seventy-two of this part.
15 h. "Publisher" means any person engaged in the manufacture, promulga-
16 tion, license, and/or sale of books, audiobooks, journals, magazines,
17 newspapers, or other literary productions including those in the form of
18 electronic literary materials.
19 i. "Aggregator" means any person engaged in the licensing of access to
20 electronic literary material collections that include electronic liter-
21 ary material from multiple publishers and provides a core platform
22 service used by libraries for the lending or distribution of electronic
23 literary materials.
24 j. "A cooperative purchasing agreement" means an agreement authorized
25 by the governing bodies of a library, public library system, or school
26 library system jointly establishing terms for negotiations and contracts
27 with publishers and aggregators regarding the purchase or license of
28 electronic literary materials.
29 2. Libraries, public library systems, and school library systems may
30 enter into cooperative purchasing agreements for the purpose of negoti-
31 ating and entering into contracts with publishers or aggregators to
32 purchase or license electronic literary materials.
33 3. A contract between a publisher or aggregator and a library, public
34 library system, school library system, or reference and research library
35 resources system to purchase or license electronic literary materials
36 shall not restrict the library, public library system, school library
37 system, or reference and research library resources system from disclos-
38 ing pricing information contained within purchase or license agreements
39 to other libraries, public library systems, school library systems, or
40 reference and research library resources systems.
41 § 3. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law and shall only apply to contracts entered
43 into on or after such effective date.
