NY-PPD New York State Printing and Public Documents Law NY

Short title. This chapter shall be known as the "New York state

printing and public documents law."

Classification. The public printing is hereby classified into

two principal parts. The first part shall be known as the legislative

printing. The second part shall be known as the department printing,

which shall include all printing for the various offices, institutions

and departments of the state, other than legislative, classified as

department printing by the commissioner of general services, pursuant to

this chapter.

Powers and duties of commissioner of general services and state

agencies in purchasing printing. 1. The commissioner of general services

shall have general supervision over the letting of all contracts for

public printing provided to be made herein. In addition, the

commissioner shall exercise such further supervision and control over

all contracts for department printing pursuant to section one hundred

sixty-three of the state finance law. The commissioner may, as deemed

appropriate establish standard sizes and grades of paper and other

necessary specifications for paper; provided, however, that such

specifications shall be in accordance with those established pursuant to

section one hundred sixty-three and subdivision three of section one

hundred sixty-five of the state finance law.

(a) The commissioner of general services shall be responsible for the

standardization and centralized contracting of printing required by

state agencies in a manner which maximizes the purchasing value of

public funds. Pursuant to section one hundred sixty-three of the state

finance law, contracts for printing may be established by the office of

general services or state agencies, and state agencies may, when such

centralized contracts established by the office of general services are

in the form, function and utility required by said agency, purchase from

such centralized contracts. When printing is not available consistent

with the provisions of section one hundred sixty-three of the state

finance law in the form, function and utility required by state

agencies, state agencies may procure printing independently or in

conjunction with other state agencies.

(b) Printing contracts shall be awarded on the basis of lowest price

to a responsive and responsible offerer; or in the case of multiple

awards, in accordance with paragraph c of subdivision ten of section one

hundred sixty-three of the state finance law.

2. No contract for department printing shall be let to a bidder who,

in the opinion of the commissioner, does not have satisfactory

facilities and equipment which are ample and sufficient to insure proper

performance of the contract or who has failed to give adequate security

in an amount which may be required by the commissioner. Provided

further, however, that no contract shall be let to a bidder other than

the lowest price responsible bidder without the written approval of the

comptroller.

3. Notwithstanding any of the foregoing provisions of this section, or

of any general or special act, the commissioner may contract for

printing to an amount not exceeding eighty-five thousand dollars without

competitive bidding, and other state departments and agencies may

contract to an amount not exceeding fifty thousand dollars without

competitive bidding, for printing required by them.

Assistance in locating missing children. Every state agency

shall consult with the missing and exploited children clearinghouse on

means by which public printing including stationery, newsletters and

other written or electronic printings may be used to assist in the

location of missing children in conformance with the guidelines

prescribed in section eight hundred thirty-seven-f of the executive law.

Legislative printing. 1. The legislative printing shall be

further divided into two sub-parts to be known as legislative printing

for the legislature and legislative printing for the executive.

2. Legislative printing for the legislature shall include, but not be

limited to or restricted to the printing, publication and binding of the

following:

(a) bills of the legislature;

(b) amended bills of the legislature;

(c) journals;

(d) session laws;

(e) state of New York legislative digest; and

(f) other legislative documents as may be ordered by the legislature

through the commissioner.

Prior to the advertisement for bids for any of the foregoing, the

commissioner shall give timely written notice to the temporary president

of the senate and the speaker of the assembly or a legislative employee

designated by them, apprising them of the date of such prospective

advertisement and the date by which he must be in receipt of their joint

requirements of the terms, conditions and specifications to be contained

in the bid specifications and any contract let thereon. Such joint

requirements may be developed in consultation with the commissioner and

reliance upon his expert advice.

3. Legislative printing for the executive shall include, but not be

limited or restricted to the printing, publication and binding of the

following:

(a) bills of appropriation in support of government submitted by the

governor;

(b) executive budget;

(c) messages from the governor; and

(d) other documents as may be included in the bid proposal.

The commissioner shall prescribe the terms, conditions and

specifications to be contained in the bid specifications and any

contract let thereon for the legislative printing for the executive.

4. The contract for legislative printing may provide for the printing

of additional copies of bills for sale to persons, firms, corporations

or associations requesting the same. Such price shall not exceed the per

page price fixed for additional copies ordered by the legislature by

resolution for its own use.

5. In consultation with the missing and exploited children

clearinghouse, the temporary president of the senate and speaker of the

assembly shall prescribe procedures in which printing including

stationery, newsletters and other written or electronic printings may be

used to assist in the location of missing children in conformance with

the guidelines prescribed in section eight hundred thirty-seven-f of the

executive law.

Proposals for legislative printing. 1. The commissioner shall

give adequate notice that he will, at a time and place stated therein,

receive sealed proposals for the legislative printing, the work to be

performed as prescribed by law and in the notice published by said

commissioner. Said commissioner shall compile the various terms,

conditions and specifications for the legislative printing, except that

as such specifications relate to the paper required for printing they

shall be in accordance with those established pursuant to section one

hundred sixty-four of the state finance law and shall invite all bids

and let all contracts thereon and the same shall constitute each said

contract. A copy of such requirements, when prepared, shall be filed in

the office of said commissioner and shall be open to public inspection

at all times.

2. The requirements for said legislative printing shall include the

items set forth in subdivisions two and three of section four of this

chapter and such items shall be placed in one group to be awarded in one

contract and must set forth in such detail as will adequately inform the

proposing bidders of the nature, kind, quality and quantity thereof, and

copies of such requirements shall be delivered to all bona fide

applicants therefor, and at the time when and place where bids are to be

received in the manner herein provided the commissioner shall publicly

open the bids received and record them without any change, correction or

addition whatever. Notwithstanding the foregoing provisions of this

subdivision, the commissioner may, upon approval of the temporary

president of the senate and the speaker of the assembly, or a

legislative employee designated by each legislative leader in the case

of legislative printing for the legislature, and acting alone in the

case of legislative printing for the executive, subdivide into two or

more groups the work embraced in legislative printing and award separate

and distinct contracts for each such group or any combination thereof

for any period not exceeding fifty months, as the commissioner shall

deem in the best interests of the state. The provisions of subdivision

ten of this section shall specifically apply to the legislative printing

of the state of New York legislative digest and the provisions of

subdivision eleven of this section shall specifically apply to all other

items of legislative printing for the legislature covered by subdivision

two of section four of this article.

3. No bids shall be withdrawn or cancelled, but the commissioner may

reject any bids which do not conform to the specifications and to his

rules and regulations, and may in any case, but in the case of

legislative printing for the legislature only after timely written

notice to and approval by the temporary president of the senate and the

speaker of the assembly or legislative employee designated by them,

reject all bids and again advertise for bids in the manner herein

provided. The commissioner may discriminate in favor of any such bid as

he may deem most favorable to the state, if in his opinion the interests

of the state will be promoted thereby.

4. Every bid received must be a sealed bid, and the bidding

requirements may include a provision for adequate guaranty that a bidder

will enter into the contract if it shall be awarded to him. Notice of

the requirement of such guaranty shall be embodied in the public notice

for such letting, and such notice shall also require, and each contract

shall provide, for the giving of a bond in such amount as shall be

prescribed, conditioned for the faithful performance of the contract.

5. No contract for legislative printing for the legislature shall be

awarded to any bidder until the temporary president of the senate and

speaker of the assembly shall have been advised by the commissioner of

his findings and recommendations with respect to each bidder and bid

proposal thereon, including the bidders ability to properly perform said

contract nor except as the temporary president of the senate and the

speaker of the assembly shall have directed.

6. The contract when awarded shall be forthwith filed in the offices

of the comptroller, the temporary president of the senate and speaker of

the assembly.

7. A contract awarded pursuant to this section may in any case upon

written consent of the commissioner, and in the case of printing for the

legislature, with the written consent of the temporary president of the

senate and speaker of the assembly, or a legislative employee designated

by them, in consultation with the commissioner, subject to the

provisions of section one hundred thirty-eight of the state finance law,

be assigned or sublet, but, in such event, the assignee or subcontractor

may be required to give a bond in such amount as the commissioner shall

prescribe, conditioned for the faithful performance of the contract

assigned or the portion of the contract sublet, as the case may be.

8. The failure of the commissioner to give notice to, include any

requirement of or secure approval from the temporary president of the

senate or the speaker of the assembly or their designee, as the case may

be, as required by any of the provisions of this section or of

subdivision two of section four of this chapter shall not give rise to

any cause of action or right to relief by any bidder, prospective

bidder, contractor or prospective contractor or other third party but

such failure may, prior to ratification by them and at the option of

such legislative leaders, be revoked to invalidate any executory

agreement arising therefrom and subsequent thereto.

9. In the case of any printing authorized by this section, or of any

printing hereafter authorized by resolution of either branch of the

legislature or by a concurrent resolution thereof, no extra charge shall

be made except for extra paper or work beyond that required by the terms

of the contract actually furnished with the approval of the comptroller,

and for such extra paper and work the charge allowed shall not exceed

the current market rates. Composition shall not be charged a second time

by the same contractor on matter printed from type already set or

negatives or plates made at state expense, but suitable allowance may be

made for handling of plates and reimposing negatives or type forms. In

all work requiring engraving and in all cases where illustrations are

used, the dies, plates and engravings shall forthwith become the

property of the state, and thereafter no charge shall be made for their

subsequent use, except a suitable allowance may be made for the handling

of the plates. In all work manufactured by the process of lithography or

photo composition, the artwork, camera ready mechanicals, and negatives

shall forthwith become the property of the state.

10. (a) The printing, publication and distribution of the state of New

York legislative digest shall be done under contract as hereinafter

provided. All provisions of this article relating to legislative

printing for the legislature which are not inconsistent with the

provisions of this subdivision shall apply to the letting of a contract

hereunder.

(b) Said contract shall be let under the direction of the commissioner

separately from any other contract which is let under this article for

legislative printing for the legislature. Upon the written request of

the temporary president of the senate and the speaker of the assembly or

their designees the commissioner may delegate the administration of any

contract let under this subdivision to the commissioners of the

legislative bill drafting commission.

(c) Each contract let under this subdivision shall commence on the

fifteenth day of November of an even-numbered year and shall be for a

term of either two or four annual sessions of the legislature. The

temporary president of the senate and the speaker of the assembly or

their designees shall provide the commissioner with a written direction

with respect to the length of the term of the contract. Each such

contract shall terminate on the third or fifth thirty-first day of

December after its commencement, as the case may be, except that any

duty, function or obligation performable during the last year of such

contract may be completed after its termination. Any contract which

provides for a term of only two annual sessions of the legislature may

provide the commissioner with an option to extend the term thereof for

an additional period covering the next succeeding two annual sessions of

the legislature. The commissioner shall exercise such option on behalf

of the legislature upon written direction provided to him by the

hereinbefore referred to legislative leaders or their designees.

Extension of the contract pursuant to the exercise of such option shall

be upon the mutual agreement of the parties, provided that the

provisions of any contract which contains such an option shall

specifically include a predetermined mechanism, whether set out in

specific monetary terms or by application of a prescribed formula or

formulae, whereby the parties shall be able to ascertain the

compensation to be paid by the state to the contractor or by the

contractor to the state, if any, and the maximum dollar amount of

subscription rates which the contractor may impose for the sale of the

state of New York legislative digest to all subscribers other than the

legislature during each year occurring during the extension of the

contract. Such predetermined mechanism shall be a part of the request

for proposals and may be specifically set forth in such request or may

be the subject of vendor bidding.

11. (a) The legislative printing for the legislature of the items

specified in subdivision two of section four of this article, other than

the state of New York legislative digest, shall be done under contract

as hereinafter provided. All provisions of this article relating to

legislative printing for the legislature which are not inconsistent with

the provisions of this subdivision shall apply to the letting of a

contract hereunder.

(b) Said contract shall be let under the direction of the commissioner

separately from any other contract which is let under this article for

legislative printing for the legislature pursuant to subdivision ten of

this section. Upon the written request of the temporary president of the

senate and the speaker of the assembly or their designees the

commissioner may delegate the administration of any contract let under

this subdivision to the commissioners of the legislative bill drafting

commission.

(c) Each contract let under this subdivision shall commence on the

fifteenth day of November of an even-numbered year and shall be for a

term of either two or four annual sessions of the legislature. The

temporary president of the senate and the speaker of the assembly or

their designees shall provide the commissioner with a written direction

with respect to the length of the term of the contract. Each such

contract shall terminate on the third or fifth thirty-first day of

December after its commencement, as the case may be, except that any

duty, function or obligation performable during the last year of such

contract may be completed after its termination. Any contract which

provides for a term of only two annual sessions of the legislature may

provide the commissioner with an option to extend the term thereof for

an additional period covering the next succeeding two annual sessions of

the legislature. The commissioner shall exercise such option on behalf

of the legislature upon written direction provided to him by the

hereinbefore referred to legislative leaders or their designees.

Extension of the contract pursuant to the exercise of such option shall

be upon the mutual agreement of the parties, provided that the

provisions of any contract which contains such an option shall

specifically include a predetermined mechanism, whether set out in

specific monetary terms or by application of a prescribed formula or

formulae, whereby the parties shall be able to ascertain the

compensation to be paid by the state to the contractor or by the

contractor to the state, if any. Such predetermined mechanism shall be a

part of the bid and may be specifically set forth in such bid.

Vegetable ink printing. 1. The legislature finds and declares

that:

(a) most state printing involving documents or publications is

performed using lithographic inks;

(b) various types of oil, including petroleum and vegetable oil, are

used in lithographic ink;

(c) increasing the amount of vegetable oil used in a lithographic ink

would:

(i) help reduce the nation's use of nonrenewable energy resources;

(ii) result in the use of products that are less damaging to the

environment;

(iii) result in a reduction of volatile organic compound emissions;

and

(iv) increase the use of renewable agricultural products;

(d) the technology exists to use vegetable oil in lithographic ink

and, in some applications, to use lithographic ink that uses no

petroleum distillates in the liquid portion of the ink;

(e) some lithographic inks have contained vegetable oils for many

years; other lithographic inks have more recently begun to use vegetable

oil;

(f) according to the federal government printing office, using

vegetable-based ink appears to add little if any additional cost to

government printing;

(g) use of vegetable-based ink in state government printing should

further develop:

(i) the commercial viability of vegetable-based ink, which could

result in demand, for domestic use alone, for two billion five hundred

million pounds of vegetable crops or five hundred million pounds of

vegetable oil; and

(ii) a product that could help the United States retain or enlarge its

share of the world market for vegetable ink.

2. Definition. In this section, "state agency" means any department,

board, bureau, division or other entity of the state, any public

authority or public benefit corporation, the judiciary and the state

legislature.

3. General provisions. Notwithstanding any other law, beginning on the

date that is one hundred eighty days after the effective date of this

section, all lithographic printing performed or procured by a state

agency that uses oil in its ink shall use the maximum amount of

vegetable oil that is technologically feasible and results in printing

costs that are cost-competitive with printing using petroleum-based

inks.

4. Requirements. (a) Except as provided in paragraph (b) of this

subdivision, in no event shall a state agency use any ink that contains

less than the following percentages of vegetable oil in its ink used for

lithographic printing:

(i) in the case of news inks, forty percent.

(ii) in the case of sheet-fed inks, twenty percent.

(iii) in the case of forms inks, twenty percent.

(iv) in the case of heat-set inks, ten percent.

(b) At any time at which a state agency determines that the cost of

printing with vegetable-based ink is significantly greater than the cost

of printing with petroleum-based ink, the state agency may perform or

procure lithographic printing using ink that contains less than the

percentages of vegetable oil in its ink than those specified in

paragraph (a) of this subdivision until such time as the cost of

printing with vegetable-based ink is not significantly greater than the

cost of printing with petroleum-based ink.

(c) A determination made under paragraph (b) of this subdivision shall

be reviewed at least once every quarter, for the performance or

procurement of printing of materials that are printed on a regular basis

and prior to performing or procuring the printing of particular material

of significant size that is printed once or is printed at intervals of

six months or more.

Right to annul contracts. Upon the failure or non-performance of

the terms of any of the contracts awarded pursuant to this chapter on

the part of the contractors with the state, the commissioner of general

services or the state agency may annul the contract in which default is

made and the comptroller shall withhold payment from the contractor for

all work performed thereunder until the damage to the state shall be

ascertained by proper adjudication, and the commissioner of general

services or the state agency, may relet the contract for the balance of

the uncompleted term of a contract so annulled or abrogated in the

manner prescribed in the provisions of this chapter.

Complaints against contractor. Complaints for violation of any of

the terms of a contract on the part of the contractor, or contractors,

for state printing shall be made to the commissioner, who shall and is

hereby empowered and directed, in his discretion, to take such action as

will afford the necessary and proper relief.

Definitions. As used in this article:

1. The term "state agency" shall mean any state office, department,

division, board, bureau, commission or corporation, provided, however,

it shall not include the New York state legislature or any of its

standing, special, select and joint committees, subcommittees and

legislative commissions.

2. The term "corporation" shall mean every public authority and public

benefit corporation a majority of the governing board members of which

are either appointed by the governor or serve as members by virtue of

their service as an officer of a state department, division, agency,

board or bureau, or combination thereof.

3. The term "public document" shall mean any final annual, biennial,

regular, statutorily mandated or other report, study or multi-year plan

issued by a state agency in multiple copies, which has been distributed

to the public, except items issued strictly for administrative or

operational purposes, inter-agency and intra-agency memoranda, drafts of

reports, public service announcements, written opinions rendered in

cases determined in the court of appeals, appellate divisions of the

supreme court or any other court of record and any public documents or

portions thereof that are compiled for law enforcement purposes and

which, if disclosed, would interfere with law enforcement investigations

or judicial proceedings, deprive a person of the right to a fair trial

or impartial adjudication, identify a confidential source or disclose

confidential information relating to a criminal investigation or reveal

criminal investigative techniques or procedures, other than routine

techniques and procedures. Under no circumstances shall a document that

is required by law to remain confidential be deemed a public document.

4. The term "core documents" shall mean those public documents for

which library users have the most significant and frequent need.

Responsibilities of the New York state library. 1. It shall be

the responsibility of the state library to serve as the central

repository for the distribution of all public documents. In accordance

with this responsibility the state library shall establish a public

documents distribution system consisting of depository libraries

throughout New York state which shall be known as the "New York state

document depository system" and shall be responsible for the maintenance

and distribution of documents within this depository system.

2. The state library, in consultation with state agencies, shall

develop a list specifying which public documents are core documents. The

total number of core documents shall not exceed twenty-five. The list of

core documents shall form the basis of the New York state documents

reference center, documents depository and documents research library

collections.

3. The gifts and exchange division of the state library is designated

as the center for the collection of public documents for distribution

throughout the depository system.

Responsibilities of state agencies. 1. Every state agency shall:

(a) designate a public information officer with knowledge of the

agency's organizational structure who will serve as the liaison between

the agency and both the gifts and exchange division of the state library

and the legislative library regarding the distribution of public

documents. It shall be the responsibility of such officer:

(i) to forward thirty copies, upon completion, of each public document

issued to the gifts and exchange division of the state library; and

(ii) with regard to the production of those public documents included

in the state library's list of core documents, to forward a total of one

hundred fifty copies, once issued, to the gifts and exchange division of

the state library; and

(iii) to forward three copies, upon completion, of the agency's annual

report, and any other public document which the agency is required by

law to submit to the legislature or to any particular legislative

officers or chairpersons, to the legislative library; and

(iv) to forward the requisite number of copies of public documents to

the gifts and exchange division of the state library, and to the

legislative library, free of charge, even if copies of these documents

must be purchased by the general public; and

(v) to forward a copy of each public document recorded in an

electronic, online or machine readable format to the gifts and exchange

division of the state library in such electronic, online or machine

readable format.

(b) submit written notification to the gifts and exchange division of

the state library and to the legislative library of the identity of the

designated public information officer.

2. (a) Each state agency shall incorporate within its annual report a

listing of all public documents and any journal, booklet, brochure,

consumer guide, newsletter, official statement made in connection with

the issuance of a debt obligation, code, regulation, pamphlet, book,

leaflet, map, directory, periodical, serial, magazine, training manual,

yearbook, compendium, film, video cassette or other electronic

information program that the agency has issued in multiple copies and

distributed to the public during the preceding year. For each document

the title, author and terms of distribution shall be included in the

listing. A state agency may omit from such listing any documents or

portions thereof that are compiled for law enforcement purposes and

which, if disclosed, would interfere with law enforcement investigations

or judicial proceedings, deprive a person of a right to a fair trial or

impartial adjudication, identify a confidential source or disclose

confidential information relating to a criminal investigation or reveal

criminal investigative techniques or procedures, except routine

techniques and procedures.

(b) Upon written request, the state library shall be entitled to

thirty copies of any document listed within an agency's annual report

pursuant to the provisions of paragraph (a) of this subdivision.

(c) Upon written request, the legislative library shall be entitled to

three copies of any document listed within an agency's annual report

pursuant to the provisions of paragraph (a) of this subdivision.

3. (a) Each state agency shall incorporate within or include with all

of its public documents a notice requesting the document recipient to

notify the agency if the recipient wishes to be deleted from its mailing

list or if the address of the recipient has changed.

(b) Each state agency shall include within or include with all public

documents submitted to the state library and the legislative library a

notice of the availability, if any, of each document in electronic,

online or machine readable format, large print, braille or voice tape.

4. (a) Whenever state law requires a state agency to make, issue,

submit, deliver, distribute or forward a report to the "legislature" or

to "members of the legislature" or to "both houses of the legislature,"

or to any particular legislative officers or chairpersons of legislative

committees, subcommittees or commissions, the agency shall satisfy such

requirement by:

(i) making, issuing, submitting, delivering, distributing or

forwarding a printed copy of the report to each member of the

legislature, or to the specified legislative officers or chairpersons,

as the case may be; if such report contains confidential information or

is provided with the understanding that further disclosure of certain

information in such reports is prohibited, provided that, such report

shall be posted to the agency's website with all such confidential

information redacted; or

(ii) making such document available on its website and sending a

printed letter or notice to each member of the legislature, or to the

specified legislative officers or chairpersons, as the case may be,

indicating the availability of such report on the agency's website.

(b) Such letter or notice shall include the name of the specific

report, the specific web address at which the report can be accessed or

instructions on how to access the report from the agency's homepage, and

the name of the person at the state agency to whom the legislator may

direct a request to obtain a printed copy of the report, free of charge,

if so desired.

Responsibilities of the gifts and exchange division of the state

library. The gifts and exchange division of the state library shall be

responsible for:

1. Listing the public documents received from state agencies in a

monthly and annual checklist of government publications; and

2. Incorporating the listing of all public documents into a central

catalogue; and

3. Issuing an annual reminder to the public information officer of

each state agency regarding their responsibilities pursuant to section

twelve of this article.

Responsibilities of the legislative library. It shall be the

responsibility of the legislative library, as such library is described

in section seven-a of the legislative law to:

1. incorporate the listing of all public documents received from state

agencies into a central catalog; and

2. issue an annual reminder to the public information officer of each

state agency regarding their responsibilities pursuant to section twelve

of this article.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed.

When to take effect. This chapter shall take effect immediately.