Bill

Bill > A4956


NJ A4956

NJ A4956
Prohibits contracts for procurement and licensing of electronic literary materials from including certain provisions.


summary

Introduced
05/07/2026
In Committee
05/07/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill prohibits contracts for the procurement and licensing of electronic literary materials between public libraries and publishers, distributors, and any other entity selling or licensing electronic literary material to a public library from including certain provisions. Under the bill, a contract or license between a publisher and the governing body of a public library for the procurement or licensing of electronic literary materials is not to include a provision which: (1) precludes, limits, or restricts the library from performing customary operational functions; (2) precludes, limits, or restricts the library from performing customary lending functions; (3) restricts the public library from disclosing any terms of the contract to other public libraries, the Legislature, or the Attorney General; or (4) requires, coerces, or enables a public library to violate the provision of current law which, except in certain circumstances, prohibits the disclosure of library records which contain the names or other personally identifiable details regarding the users of the libraries. The provisions of the bill are not to apply to existing contracts, except renewal of the contract is subject to the provisions of the bill. The bill stipulates that a violation of the provisions of the bill is to be considered an unfair method of competition and unfair and deceptive acts or practices within the meaning of the New Jersey consumer fraud act. Finally, the bill stipulates that contracts to license electronic literary materials to a public library that include prohibited provisions pursuant to this act are unconscionable and are deemed unenforceable. Any waiver of the provisions of this act is to be deemed unenforceable and void.

AI Summary

This bill prohibits contracts for the procurement and licensing of electronic literary materials, such as e-books and digital audiobooks, between public libraries and entities like publishers or distributors from containing certain restrictive provisions. Specifically, these contracts cannot prevent libraries from performing their usual operational and lending functions, nor can they stop libraries from sharing contract terms with other libraries, the Legislature, or the Attorney General. Crucially, contracts cannot force libraries to violate current laws that protect user privacy by preventing the disclosure of library records that identify users. Violations of this bill will be treated as unfair business practices under the New Jersey consumer fraud act, and contracts with prohibited provisions will be considered unconscionable and unenforceable, with any attempt to waive these protections also being void. These provisions do not apply to existing contracts but will apply to any renewals.

Committee Categories

Education

Sponsors (4)

Last Action

Introduced, Referred to Assembly Education Committee (on 05/07/2026)

Taxonomy

Civil Rights, Minority Issues, and Civil Liberties
  • ‐ Right to Privacy and Access to Government Information
Government Operations
  • ‐ Government Procurement and Contracting
  • ‐ Government Transparency and Open Records

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://www.njleg.state.nj.us/bill-search/2026/A4956 05/04/2026
BillText https://pub.njleg.gov/Bills/2026/A5000/4956_I1.HTM 05/08/2026
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