A05837 Summary:

BILL NOA05837B
 
SAME ASSAME AS S02890-B
 
SPONSORJean-Pierre
 
COSPNSRLavine, Jensen, McDonald, Griffin, Barron, Woerner, Solages, Englebright
 
MLTSPNSR
 
Add §399-nn, Gen Bus L
 
Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.
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A05837 Actions:

BILL NOA05837B
 
02/26/2021referred to consumer affairs and protection
05/10/2021amend and recommit to consumer affairs and protection
05/10/2021print number 5837a
05/19/2021amend and recommit to consumer affairs and protection
05/19/2021print number 5837b
05/25/2021reported referred to codes
06/02/2021reported referred to rules
06/07/2021reported
06/07/2021rules report cal.443
06/07/2021ordered to third reading rules cal.443
06/09/2021passed assembly
06/09/2021delivered to senate
06/09/2021REFERRED TO RULES
06/10/2021SUBSTITUTED FOR S2890B
06/10/20213RD READING CAL.1760
06/10/2021PASSED SENATE
06/10/2021RETURNED TO ASSEMBLY
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A05837 Committee Votes:

CONSUMER AFFAIRS AND PROTECTION Chair:Rozic DATE:05/25/2021AYE/NAY:15/0 Action: Favorable refer to committee Codes
RozicAyeMikulinAye
AbbateAyeMcDonoughAye
QuartAyeMillerAye
SimonAyeGiglioAye
NiouAye
Pheffer AmatoAye
WilliamsAye
FallAye
BurgosAye
GallagherAye
RajkumarAye
ForrestExcused

CODES Chair:Dinowitz DATE:06/02/2021AYE/NAY:22/0 Action: Favorable refer to committee Rules
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

RULES Chair:Gottfried DATE:06/07/2021AYE/NAY:22/7 Action: Favorable
HeastieExcusedBarclayNay
GottfriedAyeHawleyNay
NolanExcusedGiglioNay
WeinsteinAyeBlankenbushNay
PretlowAyeNorrisNay
CookAyeMontesanoNay
GlickAyeRaAye
AubryAyeBrabenecNay
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A05837 Floor Votes:

DATE:06/09/2021Assembly Vote  YEA/NAY: 148/0
AbbateYClarkYFrontusYLalorYPaulinYSillittiY
AbinantiYColtonYGalefYLavineYPeoples-StokesYSimonY
AndersonYConradYGallagherYLawlerYPerryYSimpsonY
AngelinoYCookYGallahanYLemondesYPheffer AmatoYSmithY
AshbyYCruzYGandolfoYLunsfordYPichardoYSmullenY
AubryYCusickYGiglio JAYLupardoYPretlowYSolagesY
BarclayYCymbrowitzYGiglio JMYMagnarelliYQuartYSteckY
BarnwellYDarlingYGlickYMamdaniYRaYSternY
BarrettYDavilaYGonzalez-RojasYManktelowYRajkumarYStirpeY
BarronYDe La RosaYGoodellYMcDonaldYRamosYTagueY
BenedettoYDeStefanoYGottfriedYMcDonoughYReillyYTannousisY
BichotteYDickensYGriffinYMcMahonYReyesYTaylorY
BlankenbushYDilanYGuntherYMeeksYRichardsonYThieleY
BrabenecYDinowitzYHawleyYMikulinYRivera J YVanelY
BraunsteinYDiPietroYHevesiYMiller B YRivera JDYWalczykY
BronsonYDursoYHunterYMiller MLYRodriguezYWalkerY
BrownYEichensteinYHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoYRosenthal L YWalshY
BurgosYEpsteinYJacobsonYMorinelloYRozicYWeinsteinY
BurkeYFahyYJean-PierreYNiouYSalkaYWeprinY
ButtenschonYFallYJensenYNolanERSantabarbaraYWilliamsY
ByrneYFernandezYJonesYNorrisYSayeghYWoernerY
ByrnesYFitzpatrickYJoynerYO'DonnellYSchmittYZebrowskiY
CahillYForrestERKellesYOtisYSeawrightYZinermanY
CarrollYFriendYKimYPalmesanoYSeptimoYMr. SpeakerY

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A05837 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5837B
 
SPONSOR: Jean-Pierre
  TITLE OF BILL: An act to amend the general business law, in relation to requiring publishers to offer licenses for electronic books to libraries under reasonable terms   PURPOSE OR GENERAL IDEA OF BILL: To make e-books equally accessible to public libraries in the state on reasonable terms.   SUMMARY OF PROVISIONS: This bill amends the general business law by adding a new section 349-nn that requires publishers to offer electronic books to public libraries under reasonable terms. Subsection one establishes definitions for electronic books and publish- ers. Subsection two requires publishers to offer e-books to libraries on reasonable term's that permit libraries to provide patrons with access- to said books. Subsection three defines what shall and shall not constitute reasonable terms for e-book licensure. Subsection four grants Attorney General enforcement of the provisions of this section and sets the penalty. Section 2 sets the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This amended version specifies that the Attorney General has enforcement of this section and also raises the penalties for violation of this section to five hundred dollars for the first violation and one thousand for all subsequent penalties.   JUSTIFICATION: Public libraries provide equitable access to information for all. Many New Yorkers prefer digital content and libraries provide this content as a benefit to their communities. E-books are particularly useful for senior citizens, people with disabilities, and others who may find digital content more accessible and manageable than paper books. As the market for e-books has developed and matured, publishers and libraries have worked to develop equitable models to ensure access to library patrons. Many of these practices are widely accepted and help ensure libraries are able to provide access. As markets continue to grow, however, some publishers are introducing practices that signif- icantly interfere with libraries' ability to continue to provide their patrons with equitable access. In particular, there are e-book embargoes in place that restrict the timely availability of e-books to public libraries. These embargoes place an unfair burden on public library systems that are forced to wait eight weeks to purchase more than one license for a title. Such embargos undermine the democratic and educa- tional function of library systems. This discriminatory practice will restrict access in ways that harm library systems and those they serve. Many library patrons are lower income or face barriers to other means of information access. These new licensing restrictions means patrons may be forced to wait much longer to borrow books, as only one title is made available per library system. Additionally, these restrictions will financially burden library systems that will have to purchase more titles to keep up with demand following the two-month embargo. Finally, it significantly restricts access to titles for New Yorkers who find digital content more accessible than paper books. This bill establishes in statute what constitutes reasonable and unrea- sonable standards for e-book licensing to New York's public libraries. It requires publishers who offer to license e-books to the public shall offer such books to libraries on said reasonable terms. In doing so, it ensures that widely accepted and effective industry practices remain in place while prohibiting harmful practices that discriminate against libraries and harm library patrons.   PRIOR LEGISLATIVE HISTORY: 2020: A.9881 (Ryan): Referred to Consumer Affairs and Protection   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law shall apply to contracts entered into, renewed, modified, or amended on or after such effective date.
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A05837 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5837--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE, LAVINE, JENSEN -- read once and
          referred to the  Committee  on  Consumer  Affairs  and  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          publishers  to  offer licenses for electronic books to libraries under
          reasonable terms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-nn to read as follows:
     3    §  399-nn.  Electronic  book  licenses.  1.  For  the purposes of this
     4  section, the following terms shall have the following meanings:
     5    (a) "electronic book" means a text document that  has  been  converted
     6  into  or  published  in  a  digital  format  that is read on a computer,
     7  tablet, smart phone, or electronic device; and
     8    (b) "publisher" means one whose business is the manufacture, promulga-
     9  tion, and sale of books, journals, or other literary productions includ-
    10  ing those in digital form consisting of text, imagery or both.
    11    2. Any publisher who offers to license electronic books to the  public
    12  shall  offer  to license such books to libraries in the state on reason-
    13  able terms that would permit the libraries to provide their  users  with
    14  access to such electronic books.
    15    3. (a) Such reasonable terms shall include:
    16    (i)  a  limitation  on  the  number of users to whom the libraries may
    17  simultaneously provide access to the electronic books;
    18    (ii) a limitation on the number of days the libraries  may  provide  a
    19  user with access to the electronic books; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04861-05-1

        A. 5837--B                          2
 
     1    (iii)  the use of technological protection measures that would prevent
     2  a user from (A) maintaining access to the electronic  books  beyond  the
     3  access  period  set  forth in the license, and (B) providing other users
     4  with access to the electronic books.
     5    (b) Such reasonable terms shall not include a limitation on the number
     6  of licenses for electronic books libraries may purchase at the same date
     7  available to the public.
     8    4. Whenever there shall be a violation of this section, an application
     9  may  be  made  by  the attorney general in the name of the people of the
    10  state of New York, to a  court  or  justice  having  jurisdiction  by  a
    11  special  proceeding  to  issue  an  injunction,  and  upon notice to the
    12  defendant of not less than five days, to enjoin and restrain the contin-
    13  uance of such violations; and if it shall appear to the satisfaction  of
    14  the  court  or  justice  that  the defendant has, in fact, violated this
    15  section, an injunction may be issued by the court or justice,  enjoining
    16  and restraining any further violations, without requiring proof that any
    17  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    18  proceeding, the court may make allowances to  the  attorney  general  as
    19  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    20  hundred three of the civil practice law and rules, and  direct  restitu-
    21  tion.  Whenever  the  court  shall  determine  that  a violation of this
    22  section has occurred, the court may impose a civil penalty of  not  more
    23  than  five  hundred  dollars  for  the  initial  offense, and the second
    24  offense and  any  offense thereafter shall  be  punishable  by  a  civil
    25  penalty  not to exceed one thousand dollars.
    26    § 2. This act shall take effect on the ninetieth day  after  it  shall
    27  have  become  a  law and shall apply to contracts entered into, renewed,
    28  modified, or amended on or after such effective date.
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