STATE OF NEW YORK
________________________________________________________________________
6424--A
2017-2018 Regular Sessions
IN SENATE
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:
1 Section 1. Subdivision 9 of section 160 of the state finance law, as
2 amended by chapter 106 of the laws of 2012, is amended to read as
3 follows:
4 9. "State agency" or "state agencies" means all state departments,
5 boards, commissions, offices or institutions but excludes, however, for
6 the purposes of subdivision five of section three hundred fifty-five of
7 the education law, the state university of New York and excludes, for
8 the purposes of subdivision a of section sixty-two hundred eighteen of
9 the education law, the city university of New York; provided, however,
10 that the state university of New York and the city university of New
11 York shall be subject to the provisions of section one hundred sixty-
12 five-a of this article and shall be authorized to use the comprehensive
13 centralized system established pursuant to paragraph e of subdivision
14 three of section one hundred sixty-three of this article. Furthermore,
15 such term shall not include the legislature or the judiciary.
16 § 2. Subdivision 3 of section 163 of the state finance law is amended
17 by adding a new paragraph e to read as follows:
18 e. (i) The commissioner shall establish a comprehensive centralized
19 system to coordinate the procurement of books and non-print library
20 materials and related ancillary services. The system shall be designed
21 and operated in consultation with the state library to provide state
22 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
1 electronic form, including trade, non-trade, scientific, technical, law,
2 text books, reference, encyclopedias, handbooks, university press publi-
3 cations, society or association publications, foreign publications and
4 out-of-print books, and with non-print library materials and related
5 ancillary services, including electronic databases, abridged and
6 unabridged audio books on tape, CD/DVD and MP3/MP4 format, non-subscrip-
7 tion based eBooks, microfilm, microfiche, microcards, microprint, film-
8 strips, slides, DVD and Blu-ray (i.e., motion pictures, videos), audio
9 cassettes, compact discs, laser discs, CD-ROMs, microcomputer software
10 (educational), maps/globes/atlases/charts, video games, sheet
11 music/scores and audio-visual materials. Related ancillary services
12 shall include, but are not limited to, collection management services.
13 (ii) The system shall to the maximum extent practicable be designed to
14 facilitate the procurement of books and non-print library materials and
15 related ancillary services at the lowest possible cost through the
16 combined market power of state agencies and authorized users or consor-
17 tia thereof. A state agency or authorized user that elects to purchase
18 items from a separate centralized contract shall be advised of the actu-
19 al or approximate savings that would have resulted from using the
20 comprehensive centralized system.
21 (iii) Whenever feasible, at least one remaining copy of a book or
22 other material shall be retained by or shall otherwise be available to
23 the system, when such retention is necessary and appropriate for
24 archival purposes.
25 (iv) Electronic materials that are procured through the system shall
26 be accessible to people with disabilities to the maximum extent practi-
27 cable.
28 § 3. The education law is amended by adding a new section 245-a to
29 read as follows:
30 § 245-a. Comprehensive centralized system; state library responsibil-
31 ities. To ensure that the comprehensive centralized system procurement
32 for books and non-print library materials and related ancillary services
33 established pursuant to paragraph e of subdivision three of section one
34 hundred sixty-three of the state finance law is designed and operated to
35 address the needs of state agencies and authorized users, the state
36 library shall periodically assess the requirements of state agencies,
37 public libraries and library systems and other authorized users for
38 books and non-print library materials and related ancillary services,
39 and shall advise the office of general services of such requirements.
40 § 4. Paragraph a of subdivision 5 of section 355 of the education law,
41 as amended by section 31 of part L of chapter 55 of the laws of 2012, is
42 amended to read as follows:
43 a. (i) purchase materials, proprietary electronic information
44 resources including but not limited to academic, professional, and
45 industry journals, reference handbooks and manuals, research tracking
46 tools, indexes [and], abstracts[,] and equipment and supplies, including
47 computer equipment and motor vehicles, (ii) execute contracts for
48 construction and construction-related services contracts, and (iii)
49 contract for printing, without prior approval by any other state officer
50 or agency, but subject to rules and regulations of the state comptroller
51 not otherwise inconsistent with the provisions of this section and in
52 accordance with guidelines promulgated by the state university board of
53 trustees after consultation with the state comptroller; provided that
54 nothing in this section shall preclude the use of the comprehensive
55 centralized system established pursuant to paragraph e of subdivision
56 three of section one hundred sixty-three of the state finance law;
S. 6424--A 3
1 § 5. Paragraph a of subdivision 5 of section 355 of the education law,
2 as amended by section 32 of part L of chapter 55 of the laws of 2012, is
3 amended to read as follows:
4 a. (i) purchase materials, proprietary electronic information
5 resources including but not limited to academic, professional, and
6 industry journals, reference handbooks and manuals, research tracking
7 tools, indexes and abstracts equipment and supplies, including computer
8 equipment and motor vehicles, where the amount for a single purchase
9 does not exceed twenty thousand dollars, (ii) execute contracts for
10 services and construction contracts to an amount not exceeding twenty
11 thousand dollars, and (iii) contract for printing to an amount not
12 exceeding five thousand dollars, without prior approval by any other
13 state officer or agency, but subject to rules and regulations of the
14 state comptroller not otherwise inconsistent with the provisions of this
15 section and in accordance with the rules and regulations promulgated by
16 the state university board of trustees after consultation with the state
17 comptroller; provided that nothing in this section shall preclude the
18 use of the comprehensive centralized system established pursuant to
19 paragraph e of subdivision three of section one hundred sixty-three of
20 the state finance law. In addition, the trustees, after consultation
21 with the commissioner of general services, are authorized to annually
22 negotiate with the state comptroller increases in the aforementioned
23 dollar limits and the exemption of any articles, categories of articles
24 or commodities from these limits. Rules and regulations promulgated by
25 the state university board of trustees shall, to the extent practicable,
26 require that competitive proposals be solicited for purchases, and shall
27 include requirements that purchases and contracts authorized under this
28 section be at the lowest available price, including consideration of
29 prices available through other state agencies, consistent with quality
30 requirements, and as will best promote the public interest. Such
31 purchases may be made directly from any contractor pursuant to any
32 contract for commodities let by the office of general services or any
33 other state agency;
34 § 6. Paragraph 1 of subdivision a of section 6218 of the education
35 law, as amended by section 2 of subpart B of part D of chapter 58 of the
36 laws of 2011 and subparagraph (i) as amended by section 33 of part L of
37 chapter 55 of the laws of 2012, is amended to read as follows:
38 (1) (i) purchase materials; proprietary electronic information
39 resources, including, but not limited to, academic, professional and
40 industry journals, reference handbooks and manuals, research tracking
41 tools, indexes and abstracts; and equipment and supplies, including
42 computer equipment and motor vehicles, (ii) execute contracts for
43 construction and construction-related services contracts, and (iii)
44 contract for printing, without prior approval by any other state officer
45 or agency, but subject to rules and regulations of the state comptroller
46 not otherwise inconsistent with the provisions of this section and in
47 accordance with the guidelines promulgated by the city university board
48 of trustees after consultation with the state comptroller; provided that
49 nothing in this section shall preclude the use of the comprehensive
50 centralized system established pursuant to paragraph e of subdivision
51 three of section one hundred sixty-three of the state finance law.
52 § 7. Subdivision a of section 6218 of the education law, as amended by
53 chapter 697 of the laws of 1993 and paragraph (i) as amended by section
54 34 of part L of chapter 55 of the laws of 2012, is amended to read as
55 follows:
S. 6424--A 4
1 a. Notwithstanding the provisions of paragraph two of section one
2 hundred twelve and sections one hundred fifteen, one hundred sixty-one,
3 one hundred sixty-three and one hundred seventy-four of the state
4 finance law and sections three and six of the New York state printing
5 and public documents law or any other law to the contrary, the city
6 university trustees are authorized and empowered to:
7 (i) purchase materials; proprietary electronic information resources,
8 including, but not limited to, academic, professional and industry jour-
9 nals, reference handbooks and manuals, research tracking tools, indexes
10 and abstracts; and equipment and supplies, including computer equipment
11 and motor vehicles, where the amount for a single purchase does not
12 exceed twenty thousand dollars, (ii) execute contracts for services to
13 an amount not exceeding twenty thousand dollars, and (iii) contract for
14 printing to an amount not exceeding five thousand dollars, without prior
15 approval by any other state officer or agency, but subject to rules and
16 regulations of the state comptroller not otherwise inconsistent with the
17 provisions of this section and in accordance with the rules and regu-
18 lations promulgated by the city university board of trustees after
19 consultation with the state comptroller; provided that nothing in this
20 section shall preclude the use of the comprehensive centralized system
21 established pursuant to paragraph e of subdivision three of section one
22 hundred sixty-three of the state finance law. In addition, the trustees
23 are authorized to annually negotiate with the state comptroller
24 increases in the aforementioned dollar limits and the exemption of any
25 articles, categories of articles or commodities from these limits. Rules
26 and regulations promulgated by the city university board of trustees
27 shall, to the extent practicable, require that competitive proposals be
28 solicited for purchases, and shall include requirements that purchases
29 and contracts authorized under this section be at the lowest possible
30 price.
31 § 8. The office of general services shall be authorized to charge fees
32 to defray its reasonable costs and the reasonable costs incurred by the
33 state library for the development and operation of the comprehensive
34 centralized system, and shall transfer the appropriate portion of such
35 fees to the state library. All such costs, charges and transfers shall
36 be subject to audit and approval by the state comptroller.
37 § 9. This act shall take effect immediately; provided, however, that:
38 a. the comprehensive centralized system shall commence operation no
39 later than the thirty-first day of May in the year next succeeding the
40 year in which it shall have become a law;
41 b. the amendments to subdivision 3 of section 163 of the state finance
42 law made by section two of this act shall not affect the repeal of such
43 section and shall be deemed repealed therewith;
44 c. the amendments to paragraph a of subdivision 5 of section 355 of
45 the education law made by section four of this act shall be subject to
46 the expiration and reversion of such subdivision pursuant to section 4
47 of subpart B of part D of chapter 58 of the laws of 201l, as amended,
48 when upon such date the provisions of section five of this act shall
49 take effect; and
50 d. the amendments to paragraph 1 of subdivision a of section 6218 of
51 the education law made by section six of this act shall be subject to
52 the expiration and reversion of such subdivision pursuant to section 4
53 of subpart B of part D of chapter 58 of the laws of 2011, as amended,
54 when upon such date the provisions of section seven of this act shall
55 take effect.
