New York A 3589: Makes provisions with respect to student awards, loans and tuition assistance programs

Bill Text

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A03589 Summary:

BILL NOA03589 

&nbsp

SAME ASSAME AS S09339

&nbsp

SPONSORCarroll R

&nbsp

COSPNSRJones, Jacobson, Zaccaro, Septimo, Dinowitz, Levenberg, Benedetto, Conrad, Bronson, Buttenschon,
 Gonzalez-Rojas, Lunsford, Lavine, Simon, McMahon, Stern, Sayegh, Woerner, Weprin, Griffin,
 Magnarelli, Kassay, Burdick, DeStefano, Gray, Slater

&nbsp

MLTSPNSR

&nbsp

Add §286, Ed L

&nbsp

Protects library access to electronic literary materials by prohibiting certain restrictive provisions in contracts between publishers and libraries.

Go to top A03589 Actions:

BILL NOA03589 

&nbsp

01/28/2025referred to libraries and education technology

01/07/2026referred to libraries and education technology

Go to topA03589 Committee&nbspVotes:

Go to topA03589 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03589 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3589

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. R. CARROLL, JONES, JACOBSON, ZACCARO, SEPTIMO,
 DINOWITZ, LEVENBERG, BENEDETTO, CONRAD, BRONSON, BUTTENSCHON, GONZA-
 LEZ-ROJAS, LUNSFORD, LAVINE, SIMON, McMAHON, STERN, SAYEGH, WOERNER,
 WEPRIN -- read once and referred to the Committee on Libraries and
 Education Technology

 AN ACT to amend the education law, in relation to protecting library
 access to electronic literary materials

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The education law is amended by adding a new section 286 to
 2 read as follows:
 3 § 286. Access to electronic books and digital audiobooks. 1. For the
 4 purposes of this section, the following terms shall have the following
 5 meanings:
 6 a. "Digital audiobook" means a published work that is in the form of a
 7 voice recording (narrated) and is released as a digital audio file;
 8 b. "Electronic book" means a published work that is in written form
 9 and is released as a digital text file;
 10 c. "Electronic literary materials" means digital audiobooks and/or
 11 electronic books;
 12 d. "Libraries" includes:
 13 (1) public libraries;
 14 (2) public elementary school or secondary school libraries;
 15 (3) tribal libraries;
 16 (4) academic libraries;
 17 (5) research libraries; and
 18 (6) archives;
 19 e. "Publisher" means one whose business is the manufacture, promulga-
 20 tion, license, and/or sale of books, audiobooks, journals, magazines,
 21 newspapers, or other literary productions including those in the form of
 22 electronic literary materials;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06715-01-5

 A. 3589 2

 1 f. "Aggregator" means one whose business is the licensing of access to
 2 electronic literary material collections that include electronic liter-
 3 ary material from multiple publishers;
 4 g. "Literary monograph" means a literary work that is published in one
 5 volume or a finite number of volumes;
 6 h. "Technological protection measures" means any technology that
 7 enhances the secure loaning and/or circulation by a library of electron-
 8 ic literary materials;
 9 i. "Borrower" means a person or organization, including another
 10 library, to whom the library loans media of any sort;
 11 j. "Virtually" means transmitted to receiving parties via the internet
 12 in such a way that the transmission appears in front of the receiving
 13 parties on a computer, tablet, smart phone, or electronic device;
 14 k. "Loan" means create and transmit to a borrower a copy of electronic
 15 literary material and delete it at the end of the loan period;
 16 l. "Loan period" means the time between the transmission of electronic
 17 literary material to a borrower and the copies' deletion, as determined
 18 by any individual library.
 19 2. a. Any contract offered by a publisher to a library located in the
 20 state for the purposes of licensing electronic literary material to the
 21 public shall be governed by the laws of this state.
 22 b. Any contract to purchase or license electronic literary materials
 23 that includes a prohibited provision as enumerated in subdivision three
 24 of this section is unconscionable pursuant to section 2