Bill Text: NY A03262 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "New Century Libraries; Libraries 2011 act"; increases the apportionment of state aid to libraries and library services throughout the state; provides for adult and family literacy grants; authorizes the commissioner to provide grants and expend monies on a variety of library programs and services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-05-01 - held for consideration in libraries and education technology [A03262 Detail]
Download: New_York-2011-A03262-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3262
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. ENGLE-
BRIGHT -- read once and referred to the Committee on Libraries and
Education Technology
AN ACT to amend the education law and the state finance law, in relation
to establishing the "New Century Libraries: Libraries 2011 act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. It is the intent of the legislature to
2 provide the people of New York with access to the information and
3 library services they need today and will need tomorrow by establishing
4 a New Century Libraries Initiative.
5 S 2. This act shall be known and may be cited as the "New Century
6 Libraries: Libraries 2011 act".
7 S 3. Section 271 of the education law, as amended by section 1 of part
8 O of chapter 57 of the laws of 2005, is amended to read as follows:
9 S 271. Apportionment of state aid to Indian libraries. Any Indian
10 library chartered by the regents or in the absence of such library any
11 tribal government contracting for service from a chartered and regis-
12 tered library or approved library system, shall be entitled to receive
13 state aid during each calendar year consisting of the following amounts:
14 1. [Eighteen] NINETEEN thousand dollars, and
15 2. The sum of [eighteen] NINETEEN dollars and [twenty] TWENTY-FIVE
16 cents per capita for persons residing on the reservation served by the
17 Indian library or contract as shown by the latest federal census or
18 certified by the New York state director of Indian services, and
19 3. The sum of one dollar and [fifty] FIFTY-FIVE cents per acre of area
20 served by the Indian library or contract.
21 Such sums shall be paid annually to the Indian library board of trus-
22 tees for the use of the Indian library, or in the absence of such a
23 board, to the tribal government for a contract for library service.
24 Nothing contained in this section shall be construed to diminish the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02960-01-1
A. 3262 2
1 funds, services or supplies provided to any Indian library by a library
2 system as defined in section two hundred seventy-two of this [article]
3 PART. Increases in appropriations for such purposes during a calendar
4 year shall be pro rated.
5 S 4. Section 273 of the education law, as amended by section 3 of part
6 O of chapter 57 of the laws of 2005, subdivision 11 as added by section
7 3 of part A-5 of chapter 58 of the laws of 2006 and subdivision 12 as
8 amended by section 4-a of part A of chapter 57 of the laws of 2009, is
9 amended to read as follows:
10 S 273. Apportionment of state aid to libraries and library systems. 1.
11 Any public library system providing service under an approved plan
12 during a calendar year shall be entitled to receive during that calendar
13 year state aid consisting of the following amounts:
14 a. An annual grant of:
15 (1) Ten thousand FIVE HUNDRED dollars where the library system serves
16 less than one county, or
17 (2) [Twenty] TWENTY-ONE thousand dollars where the library system
18 serves one entire county, or
19 (3) Where the library system serves more than one county the system
20 shall be entitled to receive [twenty-five] TWENTY-SIX thousand TWO
21 HUNDRED FIFTY dollars for each entire county served and/or ten thousand
22 FIVE HUNDRED dollars for each county, any part of which is served by the
23 library system. If an entire county is served by two or more library
24 systems, each of which serves a part thereof, each of such library
25 systems shall be entitled to receive a grant of ten thousand FIVE
26 HUNDRED dollars and in addition, a pro rata share of an additional sum
27 of ten thousand FIVE HUNDRED dollars, such share to be computed in
28 accordance with the ratio which the population of the area of the county
29 served by such library system bears to the total population of the coun-
30 ty, as determined under subdivision one of section two hundred seventy-
31 two of this [article] PART.
32 b. In a library system which submits a plan for further development of
33 its central library, which plan shall be approved by the commissioner in
34 relation to standards for such central libraries, the amount of central
35 library development aid shall be:
36 (1) [thirty-two] THIRTY-FOUR cents per capita of the population within
37 the chartered area of service of such library system with a minimum
38 amount of one hundred [five] TEN thousand TWO HUNDRED FIFTY dollars, and
39 (2) an additional [seventy-one] SEVENTY-FIVE thousand [five hundred]
40 TWO HUNDRED FIFTY dollars to the library system for the purchase of
41 books and materials including nonprint materials, as defined in regu-
42 lations of the commissioner, for its central library. Ownership of
43 library materials and equipment purchased with such central library aid
44 provided by this paragraph shall be vested in the public library system.
45 c. The sum of [ninety-four] NINETY-EIGHT AND SEVEN-TENTHS cents per
46 capita of population of the area served.
47 d. (1) An amount equal to the amount by which expenditures by the
48 library system for books, periodicals, binding and nonprint materials
49 during the preceding fiscal year exceeds forty cents per capita of popu-
50 lation of the area served but the total apportionment pursuant to this
51 subparagraph shall not exceed [sixty-eight] SEVENTY-ONE AND FOUR-TENTHS
52 cents per capita of population served. In the first year in which any
53 library system changes its reporting from the calendar year to a fiscal
54 year other than the calendar year, it shall file any additional report-
55 ing schedules deemed necessary by the commissioner for the purpose of
56 determining state aid for the calendar year.
A. 3262 3
1 (2) Each public library system with an automation program to support
2 bibliographic control and interlibrary sharing of information resources
3 of member libraries, and to coordinate and integrate the automated
4 system or systems of such member libraries consistent with regulations
5 of the commissioner, shall be eligible to receive an amount equal to
6 seven percent of the amount earned in subparagraph one of this para-
7 graph, or [seventy-six] EIGHTY thousand [five] THREE hundred TWENTY-FIVE
8 dollars, whichever is more.
9 e. The sum of [fifty-two] FIFTY-FIVE dollars AND TWENTY-FIVE CENTS per
10 square mile of area served by the library system in the case of library
11 systems serving one county or less. Such sum shall be increased by five
12 dollars for each additional entire county served, provided, however,
13 that no apportionment pursuant to this paragraph shall exceed [seventy-
14 two] SEVENTY-FIVE dollars AND TWENTY-FIVE CENTS per square mile of area
15 served. If an entire county is served by two or more library systems,
16 each of which serves a part thereof, each of such library systems shall
17 be entitled to receive, in addition to the aid computed in accordance
18 with the foregoing provisions of this paragraph, a pro rata share of an
19 increase of five dollars to be computed as follows: the sum resulting
20 from the computation of five dollars per square mile of area served by
21 the one of such library systems which would receive the largest amount
22 of aid pursuant to this paragraph shall be pro rated among the library
23 systems serving such county in accordance with the ratio which the popu-
24 lation of the area served by each of such library systems bears to the
25 population of the county as determined under subdivision one of section
26 two hundred seventy-two of this [article] PART.
27 f. (1) Local library services aid. Except in cities with a population
28 in excess of one million inhabitants, each chartered and registered
29 public and free association library meeting standards of service promul-
30 gated by the commissioner, and each public or free association library
31 serving a city with a population of one hundred thousand or more which
32 merged with the public library system on or before January first, nine-
33 teen hundred seventy-six and which meets standards of service promulgat-
34 ed by the commissioner, shall be eligible to receive annually [thirty-
35 one] THIRTY-TWO AND FIFTY-FIVE HUNDREDTHS cents per capita of the
36 population of the library's chartered service area as on file with the
37 commissioner on January first of the calendar year for which aid is
38 payable, or, [thirty-one] THIRTY-TWO AND FIFTY-FIVE HUNDREDTHS cents per
39 capita of the population of the city with a population of one hundred
40 thousand or more whose public or free association library merged with
41 the public library system on or before January first, nineteen hundred
42 seventy-six, with a minimum amount of one thousand five hundred SEVEN-
43 TY-FIVE dollars, except that no library shall receive less than the
44 amount of local library services aid received in two thousand one. Regu-
45 lations of the commissioner shall provide a method for establishing
46 changes in chartered service areas or determining populations thereof.
47 Local library services aid shall be paid to the system for distribution
48 within thirty days of receipt to its member libraries in accordance with
49 this subdivision. Notwithstanding any contrary provisions of this
50 subparagraph, the commissioner shall establish procedures under which a
51 public or free association library may apply for a waiver of the
52 requirements of the standards of service; provided, however, that any
53 such waivers may only be granted in the same year in which the commis-
54 sioner has apportioned a reduction adjustment.
55 (2) Local services support aid. Except in cities with a population in
56 excess of one million inhabitants, each public library system operating
A. 3262 4
1 under an approved plan of service shall be eligible to receive annually
2 local services support aid equal to two-thirds of the total dollar
3 amount paid in local library services aid to the member libraries of the
4 system plus [thirty-one] THIRTY-TWO AND FIFTY-FIVE HUNDREDTHS cents per
5 capita of the system's population who do not reside within the chartered
6 service area of a member library.
7 (3) Local consolidated systems aid. In cities with a population in
8 excess of one million inhabitants, each public library system operating
9 under an approved plan of service shall be eligible to receive annually
10 local consolidated system aid equal to the sum of (i) [thirty-one] THIR-
11 TY-TWO AND FIFTY-FIVE HUNDREDTHS cents per capita of the population
12 served by the system, but not less than the amount of local library
13 incentive aid received in nineteen hundred ninety-one as reported on the
14 library's nineteen hundred ninety-one annual report INCREASED BY FIVE
15 PERCENT OF THAT AMOUNT; and (ii) an additional amount equal to two-
16 thirds of the total dollar amount computed for the system pursuant to
17 clause (i) of this subparagraph.
18 g. In addition to the sums otherwise provided in [paragraphs a, b, c,
19 d, e, f, h and i of] this subdivision, the New York Public Library shall
20 receive an amount equal to its actual expenditures for books, period-
21 icals and binding for its research libraries which expenditures are not
22 otherwise reimbursed or [seven] EIGHT hundred [sixty-seven] FIVE thou-
23 sand THREE HUNDRED FIFTY dollars, whichever is less, and the additional
24 sum of five million [six] NINE hundred [forty-nine] THIRTY-TWO thousand
25 [six hundred] EIGHTY dollars for the general support of such research
26 libraries. In addition to any other sums provided to such library, the
27 sum of two million dollars shall be payable annually to the New York
28 Public Library for the general support of library services provided by
29 the New York Public Library to the students of the City University of
30 New York and the sum of one million dollars shall be payable annually to
31 the New York Public Library for the general support of its science,
32 industry and business library.
33 h. (1) Coordinated outreach services. Each public library system which
34 provides coordinated outreach services, as defined by regulations to be
35 promulgated by the commissioner, to persons who are educationally disad-
36 vantaged or who are members of ethnic or minority groups in need of
37 special library services, or who are unemployed and in need of job
38 placement assistance, or who live in areas underserved by a library, or
39 who are blind, physically disabled, have developmental or learning disa-
40 bilities, or who are aged or confined in institutions, shall be entitled
41 to receive annually [forty-three] FORTY-FIVE thousand ONE HUNDRED FIFTY
42 dollars and [thirteen] FOURTEEN cents per capita of the total population
43 of the area served.
44 (2) Adult literacy grants. The commissioner shall award annual grants
45 for approved expenses for library-based programs conducted by public
46 library systems and public and free association libraries which are
47 members of a public library system to assist adults to increase their
48 literacy skills. The commissioner shall award such grants having deter-
49 mined that such programs are being operated in direct coordination with
50 local public schools, colleges and other organizations which are operat-
51 ing similar adult literacy programs. Annual state aid of [two] FOUR
52 hundred SIXTY thousand dollars shall be awarded for grants in accordance
53 with regulations promulgated by the commissioner. Ninety percent of the
54 amount of any such adult literacy grant shall be payable to the library
55 or system upon approval by the department. The final ten percent shall
56 be payable upon completion of the project.
A. 3262 5
1 (3) Family literacy grants. The commissioner shall award annual grants
2 for approved expenses for library-based family literacy programs for
3 pre-school and school age children and their parents conducted by public
4 library systems and public libraries and free association libraries
5 which are members of a public library system. Annual state aid of
6 [three] SIX hundred SIXTY-FIVE thousand dollars for grants shall be
7 awarded in accordance with regulations promulgated by the commissioner.
8 Ninety percent of the amount of any such family literacy grant shall be
9 payable to the library or system upon approval by the department. The
10 final ten percent shall be payable upon completion of the project.
11 i. In addition to any other sums provided for such purposes, the New
12 York Public Library shall receive annually the sum of seven hundred
13 [thirty-four] SEVENTY thousand SEVEN HUNDRED dollars for the program of
14 the Schomburg center for research in black culture, and the additional
15 sum of [nine] ONE MILLION THREE hundred [eighty-four] THIRTY-THREE thou-
16 sand TWO HUNDRED dollars for the program of the library for the blind
17 and physically handicapped.
18 j. In addition to any other sums provided to such library, the sum of
19 two hundred [fifty] SIXTY-TWO thousand FIVE HUNDRED dollars shall be
20 paid annually to the New York Historical Society for making its library
21 services available to the public.
22 k. In addition to any other sums provided to such library the sum of
23 three hundred [fifty] SIXTY-SEVEN thousand FIVE HUNDRED dollars shall be
24 payable annually to the Brooklyn Public Library for its business library
25 for each calendar year.
26 l. In addition to any other sums provided to such library, the sum of
27 [fifty] FIFTY-TWO thousand FIVE HUNDRED dollars shall be payable annual-
28 ly to the Buffalo and Erie County Public Library for a continuity of
29 service project approved by the commissioner for each calendar year.
30 m. In addition to any other sums provided to such library system, the
31 sum of [thirty] THIRTY-ONE thousand FIVE HUNDRED dollars shall be paya-
32 ble annually to the Nassau library system for a continuity of service
33 project approved by the commissioner for each calendar year.
34 n. IN ADDITION TO ANY OTHER SUM PROVIDED IN THIS SUBDIVISION, EACH
35 PUBLIC LIBRARY SYSTEM WITH AN ELECTRONIC INFORMATION PROGRAM CONSISTENT
36 WITH REGULATIONS OF THE COMMISSIONER, SHALL BE ELIGIBLE TO RECEIVE ANNU-
37 ALLY AN AMOUNT EQUAL TO EIGHT AND FOUR HUNDRED AND THIRTY-FIVE ONE THOU-
38 SANDTH PERCENT OF THE TOTAL AMOUNT EARNED UNDER PARAGRAPHS A, C, E AND
39 SUBPARAGRAPH ONE OF PARAGRAPH D AND PARAGRAPH O OF THIS SUBDIVISION. THE
40 MINIMUM GRANT AVAILABLE SHALL BE SIXTY THOUSAND DOLLARS.
41 O. The minimum annual grant available to a library system under para-
42 graphs a, c and e and subparagraph one of paragraph d of this subdivi-
43 sion shall be [six] SEVEN hundred [seventy-five] TEN thousand dollars.
44 P. (1) IN CALENDAR YEAR TWO THOUSAND ELEVEN AND THEREAFTER, EACH CHAR-
45 TERED AND REGISTERED PUBLIC AND FREE ASSOCIATION LIBRARY MEETING STAND-
46 ARDS OF SERVICE PROMULGATED BY THE COMMISSIONER AND SERVING A CITY AS
47 DEFINED BY THE FEDERAL CENSUS SHALL BE ELIGIBLE TO RECEIVE ANNUALLY
48 URBAN LIBRARY SERVICES AID EQUAL TO ONE DOLLAR PER CAPITA OF THE POPU-
49 LATION OF THE CITY AS DETERMINED BY THE LATEST FEDERAL CENSUS, PROVIDED
50 THAT IN THE CASE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
51 SUCH AID SHALL BE DETERMINED BASED ON THE POPULATION OF THE BOROUGH IN
52 WHICH THE LIBRARY IS LOCATED. THIS ANNUAL STATE AID SHALL BE AWARDED IN
53 ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER. URBAN
54 LIBRARY SERVICES AID SHALL BE PAID TO THE LIBRARY SYSTEM FOR DISTRIB-
55 UTION WITHIN THIRTY DAYS OF RECEIPT TO ITS ELIGIBLE MEMBER LIBRARIES IN
56 ACCORDANCE WITH THIS SUBDIVISION.
A. 3262 6
1 (2) IN THE EVENT THAT THE SUM TOTAL OF LOCAL SPONSOR SUPPORT RAISED BY
2 LOCAL TAXATION EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES OR
3 DEBT SERVICE IN THE TWELVE MONTH PERIOD, IS LESS THAN NINETY-FIVE PER
4 CENTUM OF THE AVERAGE OF THE AMOUNTS RAISED FOR SUCH PURPOSES BY LOCAL
5 TAXATION FOR THE TWO PRECEDING TWELVE MONTH PERIODS, THE URBAN LIBRARY
6 SERVICES AID TO WHICH SUCH LIBRARY WOULD OTHERWISE BE ENTITLED SHALL BE
7 REDUCED BY THE SAME RATIO.
8 (3) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBPARAGRAPH TWO OF
9 THIS PARAGRAPH, IF THE COMMISSIONER DETERMINES THAT THE APPLICATION OF
10 SUCH SUBPARAGRAPH WOULD RESULT IN EXCESSIVE HARDSHIP FOR THE PUBLIC OR
11 FREE ASSOCIATION LIBRARY BROUGHT ABOUT BY AN EXTRAORDINARY CHANGE IN A
12 LOCAL SPONSOR'S ECONOMIC CONDITION, LOSS BY A LOCAL SPONSOR OF STATE AID
13 TO LOCAL GOVERNMENTS PROVIDED UNDER SECTION FIFTY-FOUR OF THE STATE
14 FINANCE LAW, OR BY A NATURAL DISASTER. THE COMMISSIONER MAY GRANT SUCH A
15 WAIVER ANNUALLY.
16 (4) A "LOCAL SPONSOR" SHALL MEAN ANY MUNICIPALITY, A SCHOOL DISTRICT
17 OR A DISTRICT AS DEFINED IN THE GENERAL MUNICIPAL LAW, OR ANY COMBINA-
18 TION THEREOF.
19 Q. (1) IN CALENDAR YEAR TWO THOUSAND ELEVEN AND THEREAFTER, UP THROUGH
20 AND INCLUDING CALENDAR YEAR TWO THOUSAND FIFTEEN, EXCEPT IN CITIES WITH
21 A POPULATION IN EXCESS OF ONE MILLION INHABITANTS, THE COMMISSIONER IS
22 HEREBY AUTHORIZED TO EXPEND EACH YEAR UP TO SEVEN MILLION DOLLARS FOR
23 GRANTS TO PUBLIC LIBRARY SYSTEMS OPERATING UNDER AN APPROVED PLAN OF
24 SERVICE AND WITH AN APPROVED PROGRAM FOR ASSISTING LOCAL COMMUNITIES TO
25 CREATE AND STRENGTHEN LOCAL PUBLIC LIBRARY DISTRICTS SO THAT ALL NEW
26 YORKERS MAY LIVE WITHIN THE BOUNDARIES OF A LOCAL PUBLIC LIBRARY
27 DISTRICT. SUCH GRANTS SHALL BE AWARDED FOR A PERIOD OF THREE YEARS,
28 SHALL BE DETERMINED ON THE BASIS OF CRITERIA TO BE DEVELOPED BY THE
29 COMMISSIONER AND SHALL ASSIST MEMBER PUBLIC AND FREE ASSOCIATION
30 LIBRARIES IN MEETING AND EXCEEDING STANDARDS ESTABLISHED BY THE REGENTS
31 IN ACCORDANCE WITH SECTION TWO HUNDRED FIFTY-FOUR OF THIS PART. NOTWITH-
32 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PORTION OF A
33 GRANT AWARD THAT REMAINS UNEXPENDED AT THE END OF A STATE FISCAL YEAR
34 SHALL BE CARRIED OVER TO THE NEXT FISCAL YEAR AND SHALL REMAIN AVAILABLE
35 TO THE LIBRARY OR LIBRARY SYSTEM FOR EXPENDITURE FOR PURPOSES OF THIS
36 PARAGRAPH TO THE EXTENT THERE IS AN APPROPRIATION AVAILABLE, PROVIDED
37 THAT THE TERM OF THE GRANT HAS NOT EXPIRED. THIS STATE AID SHALL BE
38 AWARDED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER.
39 (2) THE COMMISSIONER SHALL PROVIDE GRANTS TO ELIGIBLE PUBLIC LIBRARY
40 SYSTEMS WITH A PROGRAM FOR ASSISTING LIBRARIES AND COMMUNITIES IN CREAT-
41 ING AND STRENGTHENING PUBLIC LIBRARY DISTRICTS IN THE FOLLOWING MANNER:
42 (A) AN AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS TO EACH ELIGIBLE
43 PUBLIC LIBRARY SYSTEM IN FURTHERANCE OF THE PURPOSES OF THIS PARAGRAPH,
44 AND
45 (B) AN AMOUNT UP TO ONE DOLLAR PER CAPITA OF THE LIBRARY SYSTEM'S
46 POPULATION WHO DO NOT RESIDE WITHIN THE CHARTERED SERVICE AREA OF A
47 MEMBER LIBRARY TO EACH ELIGIBLE PUBLIC LIBRARY SYSTEM IN FURTHERANCE OF
48 THE PURPOSES OF THIS PARAGRAPH, AND
49 (C) THE REMAINDER FOR INCENTIVE AND ENABLING GRANTS TO PUBLIC LIBRARY
50 DISTRICTS ESTABLISHED ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVEN OR
51 TO THOSE PUBLIC AND FREE ASSOCIATION LIBRARIES OR PUBLIC LIBRARY SYSTEMS
52 WITH A PLAN TO ASSIST COMMUNITIES TO CREATE, RECONFIGURE OR STRENGTHEN A
53 LOCAL PUBLIC LIBRARY DISTRICT.
54 (3) IN CALENDAR YEAR TWO THOUSAND ELEVEN AND THEREAFTER, UP THROUGH
55 AND INCLUDING CALENDAR YEAR TWO THOUSAND FIFTEEN, THE NEW YORK STATE
56 LIBRARY SHALL BE ENTITLED TO RECEIVE EACH YEAR THE SUM OF FOUR HUNDRED
A. 3262 7
1 THOUSAND DOLLARS FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A STATEWIDE
2 PROGRAM FOR ASSISTING PUBLIC LIBRARY SYSTEMS, PUBLIC AND FREE ASSOCI-
3 ATION LIBRARIES AND LOCAL COMMUNITIES TO CREATE AND STRENGTHEN LOCAL
4 PUBLIC LIBRARY DISTRICTS SO THAT ALL NEW YORKERS LIVE WITHIN THE BOUNDA-
5 RIES OF A LOCAL PUBLIC LIBRARY DISTRICT. SUCH STATEWIDE SERVICES MAY
6 INCLUDE, BUT ARE NOT LIMITED TO TECHNICAL ASSISTANCE AND TRAINING FOR
7 LIBRARIES AND LIBRARY SYSTEMS, PUBLICATIONS, COMMUNICATIONS AND PROGRAM
8 PLANNING, IMPLEMENTATION AND EVALUATION.
9 R. (1) IN CALENDAR YEAR TWO THOUSAND ELEVEN AND THEREAFTER, EXCEPT IN
10 CITIES AS DEFINED BY THE FEDERAL CENSUS, THE COMMISSIONER IS HEREBY
11 AUTHORIZED TO PROVIDE GRANTS TO STRENGTHEN CHARTERED AND REGISTERED
12 PUBLIC AND FREE ASSOCIATION LIBRARIES MEETING STANDARDS OF SERVICE
13 PROMULGATED BY THE COMMISSIONER. EACH ELIGIBLE LIBRARY SHALL RECEIVE
14 THIRTY-FIVE AND SEVENTY-SEVEN ONE HUNDREDTHS CENTS PER CAPITA OF THE
15 POPULATION OF THE LIBRARY'S CHARTERED SERVICE AREA AS ON FILE WITH THE
16 COMMISSIONER ON JANUARY FIRST OF THE CALENDAR YEAR IN WHICH AID IS PAYA-
17 BLE. THIS ANNUAL STATE AID SHALL BE AWARDED IN ACCORDANCE WITH REGU-
18 LATIONS PROMULGATED BY THE COMMISSIONER. NONURBAN LIBRARY SERVICES AID
19 SHALL BE PAID TO THE SYSTEM FOR DISTRIBUTION WITHIN THIRTY DAYS OF
20 RECEIPT TO ITS ELIGIBLE MEMBER LIBRARIES IN ACCORDANCE WITH THIS SUBDI-
21 VISION.
22 (2) IN THE EVENT THAT THE SUM TOTAL OF LOCAL SPONSOR SUPPORT RAISED BY
23 LOCAL TAXATION EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES IN A
24 TWELVE MONTH PERIOD, IS LESS THAN NINETY-FIVE PER CENTUM OF THE AVERAGE
25 OF THE AMOUNTS RAISED FOR SUCH PURPOSES BY LOCAL TAXATION FOR THE TWO
26 PRECEDING TWELVE MONTH PERIODS, THE NONURBAN LIBRARY SERVICES AID TO
27 WHICH SUCH LIBRARY WOULD OTHERWISE BE ENTITLED SHALL BE REDUCED BY THE
28 SAME RATIO.
29 (3) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBPARAGRAPH TWO OF
30 THIS PARAGRAPH, IF THE COMMISSIONER DETERMINES THAT THE APPLICATION OF
31 SUCH SUBPARAGRAPH WOULD RESULT IN EXCESSIVE HARDSHIP FOR THE PUBLIC OR
32 FREE ASSOCIATION LIBRARY BROUGHT ABOUT BY AN EXTRAORDINARY CHANGE IN A
33 LOCAL SPONSOR'S ECONOMIC CONDITION, LOSS BY A LOCAL SPONSOR OF STATE AID
34 TO LOCAL GOVERNMENTS PROVIDED UNDER SECTION FIFTY-FOUR OF THE STATE
35 FINANCE LAW, OR BY A NATURAL DISASTER. THE COMMISSIONER MAY GRANT SUCH
36 WAIVER ANNUALLY.
37 (4) A "LOCAL SPONSOR" SHALL MEAN ANY MUNICIPALITY, A SCHOOL DISTRICT
38 OR A DISTRICT AS DEFINED IN THE GENERAL MUNICIPAL LAW, OR ANY COMBINA-
39 TION THEREOF.
40 S. (1) IN CALENDAR YEAR TWO THOUSAND ELEVEN AND THEREAFTER, THE
41 COMMISSIONER IS AUTHORIZED TO EXPEND UP TO TEN MILLION DOLLARS ANNUALLY
42 TO PROVIDE LOCAL LIBRARY NEED-BASED AID GRANTS TO CHARTERED AND REGIS-
43 TERED PUBLIC AND FREE ASSOCIATION LIBRARIES MEETING STANDARDS OF SERVICE
44 PROMULGATED BY THE COMMISSIONER AND LOCATED IN ECONOMICALLY DISADVAN-
45 TAGED COMMUNITIES. LOCAL LIBRARY NEED-BASED AID WOULD PROVIDE MATCHING
46 GRANTS TO RAISE THE TOTAL LOCAL SPONSOR SUPPORT RAISED BY LOCAL TAXATION
47 EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES AND DEBT SERVICE TO
48 A TOTAL OF TWENTY DOLLARS PER CAPITA OF THE POPULATION OF THE LIBRARY'S
49 CHARTERED SERVICE AREA AS ON FILE WITH THE COMMISSIONER ON JANUARY FIRST
50 OF THE YEAR IN WHICH THE AID IS PAYABLE. SUCH MATCHING GRANTS SHALL BE
51 DETERMINED ON THE BASIS OF NEED CRITERIA TO BE DEVELOPED BY THE COMMIS-
52 SIONER AND SHALL ASSIST THOSE MEMBER PUBLIC AND FREE ASSOCIATION
53 LIBRARIES DESIGNATED BY THE COMMISSIONER AS SERVING ECONOMICALLY DISAD-
54 VANTAGED COMMUNITIES IN MEETING AND EXCEEDING STANDARDS ESTABLISHED BY
55 THE REGENTS IN ACCORDANCE WITH SECTION TWO HUNDRED FIFTY-FOUR OF THIS
56 PART. THIS ANNUAL STATE AID SHALL BE AWARDED IN ACCORDANCE WITH REGU-
A. 3262 8
1 LATIONS PROMULGATED BY THE COMMISSIONER. THIS STATE AID SHALL BE PAID
2 TO THE SYSTEM FOR DISTRIBUTION WITHIN THIRTY DAYS OF RECEIPT TO ITS
3 ELIGIBLE MEMBER LIBRARIES IN ACCORDANCE WITH THIS SUBDIVISION.
4 (2) IN THE EVENT THAT THE SUM TOTAL OF LOCAL SPONSOR SUPPORT RAISED BY
5 LOCAL TAXATION EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES IN A
6 TWELVE MONTH PERIOD, IS LESS THAN THAT PROVIDED TO THE LOCAL LIBRARY IN
7 THE FISCAL YEAR ENDING IN TWO THOUSAND TEN, THE LOCAL LIBRARY NEED-BASED
8 AID TO WHICH SUCH LIBRARY WOULD OTHERWISE BE ENTITLED SHALL BE REDUCED
9 BY THE SAME RATIO. IN THE EVENT THAT THE SUM TOTAL OF LOCAL SPONSOR
10 SUPPORT RAISED BY LOCAL TAXATION EXCLUSIVE OF THE SUM RAISED FOR CAPITAL
11 EXPENDITURES IN A TWELVE MONTH PERIOD, IS MORE THAN THAT PROVIDED TO THE
12 LOCAL LIBRARY IN THE FISCAL YEAR ENDING IN TWO THOUSAND TEN, THE LOCAL
13 LIBRARY NEED-BASED STATE AID TO WHICH SUCH LIBRARY WOULD OTHERWISE BE
14 ENTITLED WOULD REMAIN CONSTANT.
15 (3) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBPARAGRAPH TWO OF
16 THIS PARAGRAPH, IF THE COMMISSIONER DETERMINES THAT THE APPLICATION OF
17 SUCH SUBPARAGRAPH WOULD RESULT IN EXCESSIVE HARDSHIP FOR THE PUBLIC OR
18 FREE ASSOCIATION LIBRARY BROUGHT ABOUT BY AN EXTRAORDINARY CHANGE IN A
19 LOCAL SPONSOR'S ECONOMIC CONDITION, LOSS BY A LOCAL SPONSOR OF STATE AID
20 TO LOCAL GOVERNMENTS PROVIDED UNDER SECTION FIFTY-FOUR OF THE STATE
21 FINANCE LAW, OR BY A NATURAL DISASTER. THE COMMISSIONER MAY GRANT SUCH
22 WAIVER ANNUALLY.
23 (4) A "LOCAL SPONSOR" SHALL MEAN ANY MUNICIPALITY, A SCHOOL DISTRICT,
24 OR A DISTRICT AS DEFINED IN THE GENERAL MUNICIPAL LAW, OR ANY COMBINA-
25 TION THEREOF.
26 T. (1) IN CALENDAR YEAR TWO THOUSAND ELEVEN AND THEREAFTER, THE
27 COMMISSIONER IS HEREBY AUTHORIZED TO EXPEND UP TO FOUR HUNDRED THOUSAND
28 DOLLARS ANNUALLY FOR STATEWIDE READING PROGRAMS COORDINATED BY THE NEW
29 YORK STATE LIBRARY AND CONDUCTED BY THE PUBLIC LIBRARY SYSTEMS AND
30 PUBLIC AND FREE ASSOCIATION LIBRARIES.
31 (2) FOR THE PURPOSES OF THIS SUBDIVISION, THE COMMISSIONER SHALL
32 PROVIDE GRANTS FOR PARTICIPATION IN STATEWIDE READING PROGRAMS TO PUBLIC
33 LIBRARY SYSTEMS OPERATING UNDER AN APPROVED PLAN OF SERVICE. SUCH GRANTS
34 SHALL BE DETERMINED ON THE BASIS OF CRITERIA TO BE DEVELOPED BY THE
35 COMMISSIONER AND SHALL BE AWARDED AS FOLLOWS:
36 (A) AN ANNUAL BASE GRANT OF FIVE THOUSAND DOLLARS TO EACH ELIGIBLE
37 PUBLIC LIBRARY SYSTEM, PLUS THE SUM OF FIVE CENTS PER SCHOOL AGE CHILD
38 BASED ON THE TOTAL PUBLIC AND NONPUBLIC SCHOOL ENROLLMENT WITHIN THE
39 GEOGRAPHIC AREA SERVED BY THE SYSTEM; AND
40 (B) THE REMAINDER SHALL BE PROVIDED TO THE NEW YORK STATE LIBRARY FOR
41 ESTABLISHING AND COORDINATING STATEWIDE READING PROGRAMS, WHICH MAY
42 INCLUDE CONTRACTING WITH LIBRARY SYSTEMS OR OTHER LIBRARIES TO DELIVER
43 STATEWIDE SERVICES FOR THIS PURPOSE. SUCH STATEWIDE SERVICES MAY
44 INCLUDE, BUT SHALL NOT BE LIMITED TO, TRAINING, TECHNICAL ASSISTANCE TO
45 LIBRARIES AND LIBRARY SYSTEMS, PUBLICATIONS, COMMUNICATIONS AND PROGRAM
46 PLANNING AND EVALUATION.
47 2. Within the amounts appropriated therefor moneys paid out pursuant
48 to this section shall be paid out of the state treasury on vouchers
49 certified by the commissioner after audit by and upon the warrant of the
50 comptroller.
51 3. The commissioner may waive the requirement that a public library
52 system serve an entire county to earn the maximum annual grant under
53 subparagraphs two and three of paragraph a of subdivision one of this
54 section and paragraphs b, c, e and h of subdivision one of this section
55 where the commissioner deems reasonable effort has been made by the
56 system to encourage membership by all libraries in the county.
A. 3262 9
1 4. Reference and research library resources system. a. Any reference
2 and research library resources system providing service under an
3 approved plan during a calendar year shall be entitled to receive annual
4 state aid consisting of an annual grant of [two] FOUR hundred [seventy]
5 THIRTY-FIVE thousand dollars plus the sum of [one dollar and fifty
6 cents] THREE DOLLARS per square mile of area served plus the sum of
7 [six] ELEVEN AND SEVEN HUNDREDTHS cents per capita of the population of
8 the area served. Each system may annually appropriate funds received
9 under this provision to obtain matching funds from the National Endow-
10 ment for the Humanities in the United States Newspaper Program. The
11 annual amount payable to each approved system under this paragraph shall
12 be payable on or before July first, provided that, upon receipt of annu-
13 al system activity reports satisfactory to the commissioner, the commis-
14 sioner shall determine the amount of any under- or overpayments and
15 shall apply such adjustment to the next annual payment due such system.
16 b. [The commissioner is hereby authorized to expend up to five hundred
17 six thousand dollars annually in each state fiscal year to provide
18 formula grants to approved reference and research library resources
19 systems for provision of consumer health and medical information
20 services for all types of libraries and library systems. Such grants
21 shall assist libraries in providing access to timely and accurate
22 medical and health information for medical personnel and for the general
23 public. In addition to any other sum provided in this subdivision, each
24 reference and research library resources system providing service under
25 an approved plan with a consumer health and medical library information
26 services program for all types of libraries and library systems shall be
27 eligible to receive an annual formula grant. Such formula grants shall
28 be determined on the basis of criteria to be prescribed by the commis-
29 sioner.] IN ADDITION TO ANY OTHER SUM PROVIDED IN THIS SUBDIVISION, EACH
30 REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEM PROVIDING SERVICE UNDER
31 AN APPROVED PLAN WITH AN ELECTRONIC INFORMATION PROGRAM CONSISTENT WITH
32 REGULATIONS OF THE COMMISSIONER, SHALL BE ELIGIBLE TO RECEIVE ANNUALLY
33 AN AMOUNT EQUAL TO THIRTY-TWO AND FIVE-TENTHS PERCENT OF THE AMOUNT
34 EARNED IN PARAGRAPH A OF THIS SUBDIVISION.
35 C. IN ADDITION TO ANY OTHER SUM PROVIDED IN THIS SUBDIVISION, EACH
36 REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEM PROVIDING SERVICE UNDER
37 AN APPROVED PLAN WITH A CONSUMER HEALTH AND MEDICAL LIBRARY INFORMATION
38 SERVICES PROGRAM FOR ALL TYPES OF LIBRARIES AND LIBRARY SYSTEMS SHALL BE
39 ELIGIBLE TO RECEIVE AN ANNUAL BASE GRANT OF TWENTY-FIVE THOUSAND DOLLARS
40 PLUS THE SUM OF ONE AND SEVEN HUNDRED THREE THOUSANDTHS CENTS PER CAPITA
41 OF THE POPULATION OF THE AREA SERVED. The commissioner shall provide the
42 annual amount payable to each approved system under this paragraph in
43 the following manner:
44 (1) Funds shall be available to each reference and research library
45 resources system in such manner as to insure that the ratio of the
46 amount each system is eligible to receive equals the weighted ratio of
47 the total number of institutions as defined in subparagraph two of this
48 paragraph in the region served by the system to the total number of such
49 institutions in the state.
50 (2) For the purposes of determining the amount of funds available to
51 each system, institutions and their weightings are as follows:
52 (i) not-for-profit hospitals licensed by the New York state health
53 department, with a weighting of two;
54 (ii) for-profit teaching hospitals licensed by the New York state
55 health department, with an additional weighting of one; and
A. 3262 10
1 (iii) member institutions of a reference and research library
2 resources system, excluding public and hospital libraries, with a
3 weighting of one.
4 [c.] D. (1) The commissioner is hereby authorized to expend up to
5 [one] TWO million [three] FOUR hundred [ninety-six] SIXTY-SIX thousand
6 dollars in each state fiscal year to provide formula grants to approved
7 reference and research library resources systems for provision of
8 services to member hospital libraries in not-for-profit hospitals
9 licensed by the New York state health department, or to member libraries
10 serving such hospitals. Such formula grants shall be determined on the
11 basis of criteria to be developed by the commissioner and shall assist
12 member hospital libraries or member libraries serving hospitals in meet-
13 ing the standards established by the regents in accordance with section
14 two hundred fifty-four of this [article] PART. Such formula grants
15 shall support integration of member hospital libraries or member
16 libraries serving hospitals into existing networks.
17 (2) The commissioner shall provide grants to the reference and
18 research library resources systems in the following manner:
19 (a) an amount equal to [seventy-five cents] TWO DOLLARS per square
20 mile of area served by the reference and research library resource
21 system in furtherance of the purposes of this paragraph, and
22 (b) the remainder for library services to hospitals in accordance with
23 regulations of the commissioner adopted for such purpose.
24 5. Coordinated collection development program for public and nonprofit
25 independent colleges and universities.
26 a. Libraries of public and nonprofit independent colleges and univer-
27 sities are entitled to receive annual funding for a coordinated
28 collection development grant if they meet the following conditions:
29 (1) Membership in a reference and research library resources system,
30 (2) Their resources are made available to the public, through full
31 participation in the interlibrary loan and other resource sharing
32 programs of the reference and research library resources system of which
33 they are members, and
34 (3) They meet the requirements set forth in regulations adopted by the
35 commissioner including but not confined to
36 (a) maintenance of effort,
37 (b) relationships between reference and research library resources
38 systems' programs and the regional higher education master plan,
39 (c) submission of interlibrary loan statistics, and such other reports
40 as may be required by the commissioner.
41 b. Public and nonprofit independent colleges and universities with
42 libraries which meet the criteria of paragraph a of this subdivision are
43 eligible for annual grants as follows:
44 (1) Four thousand [four] SIX hundred TWENTY dollars for each institu-
45 tion, and
46 (2) One dollar and [four] NINE AND TWO-TENTHS cents for each full-time
47 equivalent student enrolled in each qualifying institution, in the
48 academic year completed prior to the state fiscal year. For purposes of
49 this section, a full-time equivalent shall be calculated as follows:
50 (i) one full-time undergraduate student shall be considered one full-
51 time equivalent student;
52 (ii) one part-time undergraduate student shall be considered one-third
53 of a full-time equivalent student;
54 (iii) one part-time graduate student shall be considered one full-time
55 equivalent student; and
A. 3262 11
1 (iv) one full-time graduate student shall be considered one and one-
2 half of a full-time equivalent student.
3 c. Funds for the support of this program shall be appropriated to the
4 department, except that funds for the state-operated institutions of the
5 state university of New York and the senior colleges of the city univer-
6 sity of New York, shall be appropriated to the state university of New
7 York out of any moneys in the state treasury in the general fund to the
8 credit of the state purposes fund not otherwise appropriated, and funds
9 shall be appropriated to the city university of New York out of any
10 moneys in the state treasury in the general fund to the credit of the
11 local assistance fund not otherwise appropriated, and shall be subject
12 to the same distribution formula as provided in paragraph b of this
13 subdivision.
14 D. THE NEW YORK STATE LIBRARY SHALL BE ENTITLED TO RECEIVE ANNUALLY
15 THE SUM OF SIX HUNDRED THOUSAND DOLLARS FOR THE ESTABLISHMENT AND IMPLE-
16 MENTATION OF A PROGRAM OF STATEWIDE ACCESS TO ELECTRONIC INFORMATION BY
17 PUBLIC AND NONPROFIT INDEPENDENT COLLEGES AND UNIVERSITIES WITH
18 LIBRARIES WHICH MEET THE CRITERIA OF PARAGRAPH A OF THIS SUBDIVISION.
19 6. Regional bibliographic data bases and interlibrary resources shar-
20 ing. a. The commissioner shall award annually to each of the approved
21 nine reference and research library resources systems, from funds appro-
22 priated by the legislature for an annual grant for an automation program
23 (i) to support bibliographic control and interlibrary sharing of infor-
24 mation resources among all types of libraries and library systems in an
25 area not less than that of a reference and research library resources
26 system, and (ii) to coordinate and integrate the automated systems of
27 the component member public library system or systems, school library
28 system or systems and other automated systems within the area of the
29 reference and research library resources system. Each reference and
30 research library resources system of such region shall be entitled to an
31 annual grant of two hundred TEN thousand dollars plus the sum of two AND
32 ONE-TENTH cents per capita of the population served.
33 b. To be eligible for a grant, each reference and research library
34 resources system shall meet the requirements set forth in regulations
35 adopted by the commissioner which shall include standards relating to
36 library automation, continuous development of the data base, and updat-
37 ing, access and linking of the data base programs. Each reference and
38 research library resources system shall include in its approved plan of
39 service a description of a regional library automation program, which
40 shall include all library systems in the region that are members of the
41 reference and research library resources system.
42 7. Conservation and preservation of library research materials. a. The
43 commissioner shall award in any state fiscal year an annual grant of one
44 hundred [twenty-six] SIXTY-FIVE thousand SEVEN HUNDRED dollars for a
45 program of conservation and/or preservation of library research materi-
46 als to each of the following comprehensive research libraries: Columbia
47 university libraries, Cornell university libraries, New York state
48 library, New York university libraries, university of Rochester
49 libraries, Syracuse university libraries, the research libraries of the
50 New York public library, state university of New York at Albany library,
51 state university of New York at Binghamton library, state university of
52 New York at Buffalo library, and state university of New York at Stony
53 Brook library.
54 b. To be eligible for such grants, each such comprehensive research
55 library must submit both a five-year plan and an annual program budget.
56 The plan must satisfy criteria to be established by the commissioner in
A. 3262 12
1 regulations relating to the identification of library research materi-
2 als, the need for their preservation, and the means of their conserva-
3 tion.
4 c. Additional grants, the sum of which shall not exceed three hundred
5 [fifty] SEVENTY-FIVE thousand dollars in any state fiscal year, may be
6 made to any or all of the eleven comprehensive research libraries for
7 preservation and/or conservation of library research materials on the
8 basis of project proposals. Approval of such proposals, and determi-
9 nation of funding level, shall be based upon their contribution to
10 development of cooperative programs and/or facilities for conservation
11 and/or preservation works in the state, including but not limited to
12 such factors as: institutional commitment to development of a collective
13 capacity and coordinated approach to conservation and preservation of
14 research materials important to the people of the state; research value
15 of materials to be preserved and/or conserved; appropriateness of
16 conservation and preservation techniques in accordance with statewide
17 planning and national standards; institutional capacity for successful
18 completion of the project, including facilities, experience, and techni-
19 cal expertise; availability of staff with appropriate training and
20 expertise; contribution of the institution to the project in matching
21 funds and staff resources; and volume of interlibrary lending and access
22 to holdings by the public. Ninety percent of each such grant shall be
23 payable upon approval by the department and the remaining ten percent
24 shall be payable upon project completion.
25 d. Other agencies and libraries, as defined in regulations promulgated
26 by the commissioner, which are not eligible for funding under paragraph
27 a of this subdivision, may receive separate grants the sum of which
28 shall not exceed five hundred thousand dollars in any state fiscal year
29 to support the preservation and/or conservation of unique library
30 research materials. Such agencies and libraries shall submit proposals
31 which shall be evaluated and determinations of approval and funding
32 shall be made on the same basis set forth in paragraph c of this subdi-
33 vision. Ninety percent of each such grant shall be payable upon approval
34 by the department and the remaining ten percent shall be payable upon
35 project completion.
36 e. Funds made available under the provisions of this section may be
37 used by comprehensive research libraries and other agencies eligible for
38 funding to obtain matching funds from the national endowment for the
39 humanities preservation program.
40 f. The commissioner shall establish an office for coordination of
41 conservation and/or preservation of library research materials to iden-
42 tify the conservation and/or preservation needs of libraries within the
43 state, to assess the technology available for such conservation and
44 preservation, and to coordinate the conservation and preservation
45 efforts resulting from this legislation. THE NEW YORK STATE LIBRARY
46 SHALL BE ENTITLED TO RECEIVE ANNUALLY THE SUM OF FIFTY THOUSAND DOLLARS
47 FOR COORDINATION OF CONSERVATION AND/OR PRESERVATION EFFORTS RESULTING
48 FROM THIS LEGISLATION.
49 8. New York state talking book and braille library. The New York state
50 talking book and braille library shall be entitled to receive annually
51 an amount equal to the product of the aid ceiling multiplied by the
52 number of registered borrowers of such materials of such library as of
53 the November report for the November immediately preceding the state
54 fiscal year for which the payment will be made. Such amount shall be
55 used to improve the quality of services provided to such borrowers. For
56 aid payable in each state fiscal year, the aid ceiling per registered
A. 3262 13
1 borrower shall be [nineteen] TWENTY-SEVEN dollars. Notwithstanding any
2 other provision of law, the New York state talking book and braille
3 library shall be the successor in interest to the New York state library
4 for the blind and visually handicapped for all purposes, or the library
5 for the blind and physically handicapped, and the change in name shall
6 not affect the rights or interests of any party. Except where the
7 context indicates a contrary intent, any reference in any other general
8 or special law to the New York state library for the blind and visually
9 handicapped or the library for the blind and physically handicapped
10 shall be deemed a reference to the New York state talking book and
11 braille library.
12 9. NEW YORK ONLINE VIRTUAL ELECTRONIC LIBRARY. THE NEW YORK STATE
13 LIBRARY SHALL BE ENTITLED TO RECEIVE ANNUALLY THE SUM OF FIVE MILLION
14 DOLLARS FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A STATEWIDE NEW YORK
15 ONLINE VIRTUAL ELECTRONIC LIBRARY FOR THE PEOPLE OF THE STATE. OF SUCH
16 AMOUNT AT LEAST FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS SHALL BE MADE
17 AVAILABLE FOR STATEWIDE ACCESS TO ELECTRONIC INFORMATION BY NEW YORKERS,
18 WHICH MAY INCLUDE CONTRACTING WITH LIBRARY SYSTEMS OR OTHER LIBRARIES TO
19 DELIVER STATEWIDE SERVICES FOR THIS PURPOSE; AND FIVE HUNDRED THOUSAND
20 DOLLARS SHALL BE MADE AVAILABLE FOR STRENGTHENING STATEWIDE LIBRARY
21 SERVICES THAT SUPPORT THE DEVELOPMENT AND MAINTENANCE OF THE STATEWIDE
22 DIGITAL LIBRARY AND ELECTRONIC ACCESS TO INFORMATION. SUCH STATEWIDE
23 SERVICES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, TRAINING, HELP DESK
24 SUPPORT, TECHNICAL ASSISTANCE TO LIBRARIES AND LIBRARY SYSTEMS, PUBLICA-
25 TIONS, COMMUNICATIONS, AND PROGRAM PLANNING AND EVALUATION.
26 10. DIGITIZATION OF LIBRARY RESEARCH MATERIALS. IN ADDITION TO ANY
27 OTHER SUMS PROVIDED FOR SUCH PURPOSES, THE COMMISSIONER SHALL ANNUALLY
28 AWARD GRANTS FOR COMPETITIVE DIGITIZATION PROJECTS CONDUCTED BY A
29 LIBRARY SYSTEM OR LIBRARY, WHICH IS A MEMBER OF A LIBRARY SYSTEM.
30 GRANTS SHALL BE PROVIDED FOR THE PERIOD COMMENCING JULY FIRST AND ENDING
31 ON THE FOLLOWING JUNE THIRTIETH. ANNUAL STATE AID OF ONE MILLION DOLLARS
32 FOR GRANT AWARDS, INCLUDING UP TO FIFTY THOUSAND DOLLARS TO THE NEW YORK
33 STATE LIBRARY FOR THE REVIEW OF PROJECT PROPOSALS SUBMITTED BY LIBRARIES
34 OR LIBRARY SYSTEMS, INCLUDING PEER REVIEW, SHALL BE ALLOCATED FOR THIS
35 PURPOSE. APPLICATIONS FOR GRANTS BY MEMBER LIBRARIES MUST BE ENDORSED BY
36 THE LIBRARY SYSTEM. SUCH GRANTS SHALL BE AWARDED ON THE BASIS OF PROJECT
37 PROPOSALS IN ACCORDANCE WITH PROJECT PROPOSAL GUIDELINES. CRITERIA FOR
38 APPROVAL OF SUCH PROPOSALS AND DETERMINATION OF FUNDING LEVELS SHALL BE
39 BASED UPON, BUT NOT LIMITED TO, SUCH FACTORS AS:
40 A. THE PROJECT IS BEING OPERATED BY THE APPLICANT IN DIRECT COORDI-
41 NATION WITH ONE OR MORE OF THE FOLLOWING INSTITUTIONS: ANOTHER LIBRARY,
42 A LIBRARY SYSTEM, LOCAL PUBLIC SCHOOL, A COLLEGE OR UNIVERSITY, LOCAL
43 GOVERNMENT OR ANY OTHER NOT-FOR-PROFIT ORGANIZATION PROVIDING EDUCATION,
44 CULTURAL AND INFORMATION SERVICES TO THE COMMUNITY OR TO THE PEOPLE OF
45 THE STATE;
46 B. INSTITUTIONAL COMMITMENT ON THE PART OF THE APPLICANT TO THE DEVEL-
47 OPMENT OF A COORDINATED APPROACH TO DIGITIZATION OF MATERIALS IMPORTANT
48 TO THE PEOPLE OF THE STATE;
49 C. APPROPRIATENESS OF PLANNING IN RELATION TO NATIONAL STANDARDS OR
50 BEST PRACTICES AND STATEWIDE PLANNING; THE PROJECT'S IMPACT ON ACCESS TO
51 HOLDINGS AND INFORMATION BY THE PUBLIC;
52 D. CONTRIBUTION OF THE APPLICANT INSTITUTION TO THE PROJECT IN MATCH-
53 ING FUNDS AND STAFF RESOURCES; AND INSTITUTIONAL CAPACITY FOR SUCCESSFUL
54 COMPLETION OF THE PROJECT INCLUDING FACILITIES, EXPERIENCE, TECHNICAL
55 CAPACITY AND EXPERTISE.
A. 3262 14
1 11. NEW YORK STATE LIBRARY RESEARCH COLLECTIONS. IN ADDITION TO ANY
2 OTHER SUMS PROVIDED FOR SUCH PURPOSES, THE NEW YORK STATE LIBRARY SHALL
3 RECEIVE ANNUALLY FOR STRENGTHENING ITS RESEARCH COLLECTIONS AN AMOUNT
4 EQUAL TO SIX HUNDRED THOUSAND DOLLARS.
5 12. State aid for a coordinated program of library and archival
6 services at The Center for Jewish History, Inc. a. In addition to any
7 other sums provided to The Center for Jewish History, Inc., the commis-
8 sioner shall award in any state fiscal year an annual grant of two
9 hundred thousand dollars for a coordinated program of library and
10 archival services that will increase public access to the library and
11 archival collections of The Center for Jewish History, Inc. and its
12 member institutions.
13 b. The Center for Jewish History, Inc. is hereby admitted to the
14 University of the State of New York and shall, as a condition of contin-
15 ued receipt of aid, maintain such status in accordance with regulations
16 of the commissioner. Such regulations may include submission of a five-
17 year plan and annual program budget.
18 [10.] 13. State aid for summer reading programs. The commissioner is
19 hereby authorized to expend the funds of the love your library fund,
20 established in section ninety-nine-l of the state finance law, which
21 shall provide grants for participation in statewide summer reading
22 programs as coordinated by the state library to public library systems
23 on the basis of criteria to be developed by the commissioner. Upon a
24 determination by the commissioner that there is adequate revenue avail-
25 able for a grant program in the upcoming fiscal year, grants shall be
26 awarded as follows:
27 a. sixty percent of the funds appropriated pursuant to this section
28 shall be made available to public library systems for use by member
29 libraries by the commissioner in such manner as to insure that the ratio
30 of the amount received within each system to the whole of the aid made
31 available pursuant to this paragraph is no greater than the ratio of the
32 population served by such system to the population of the state; and
33 b. forty percent of the funds appropriated pursuant to this section
34 shall be made available to library systems for use by their member
35 libraries within each system by the commissioner in such manner as to
36 insure that an equal amount is received within each system in the state.
37 [11.] 14. Notwithstanding any other provision of law to the contrary,
38 each year commencing with the two thousand six calendar year, no library
39 or library system shall receive less aid pursuant to this section or
40 section two hundred seventy-one or two hundred seventy-two of this part
41 than it would have been eligible to receive for the two thousand one
42 calendar year solely by reason of a decrease in the population of the
43 area served as a result of the latest approved federal census.
44 [12.] 15. The commissioner is hereby authorized to expend in state
45 fiscal year two thousand six--two thousand seven three million dollars
46 and in state fiscal year two thousand seven--two thousand eight eight
47 million dollars and in state fiscal year two thousand eight--two thou-
48 sand nine seven million nine hundred forty thousand dollars and in state
49 fiscal year two thousand nine--two thousand ten eight million dollars
50 subject to an appropriation for formula grants to public library
51 systems, reference and research library resources systems, and school
52 library systems operating under an approved plan of service. Such formu-
53 la grants shall be provided for the period commencing July first and
54 ending on June thirtieth next following. Such formula grants will be
55 distributed in the following manner:
A. 3262 15
1 a. Each public library system established pursuant to sections two
2 hundred fifty-five and two hundred seventy-two of this part and operat-
3 ing under a plan approved by the commissioner is entitled to receive
4 thirty-nine thousand dollars and an amount equal to ten and ninety-four
5 hundredths percent of the amount of state aid received for the current
6 year by such system under paragraphs a, c, d, e and n of subdivision one
7 of this section for the two thousand nine--two thousand ten state fiscal
8 year;
9 b. Each reference and research library resources system established
10 pursuant to section two hundred seventy-two of this part and operating
11 under a plan approved by the commissioner is entitled to receive thir-
12 ty-nine thousand dollars and an amount equal to ten and ninety-four
13 hundredths percent of the amount of state aid received for the current
14 year under paragraph a of subdivision four of this section for the two
15 thousand nine--two thousand ten state fiscal year; and
16 c. Each school library system established pursuant to section two
17 hundred eighty-two of this part and operating under a plan approved by
18 the commissioner is entitled to receive thirty-nine thousand dollars and
19 an amount equal to ten and ninety-four hundredths percent of the amount
20 of state aid received for the current year by such system under para-
21 graphs a, b, c[, d, e] and [f] D of subdivision one of section two
22 hundred eighty-four of this part for the two thousand nine--two thousand
23 ten state fiscal year.
24 S 5. Subdivision 1 of section 273-a of the education law, as amended
25 by section 4 of part A of chapter 57 of the laws of 2009, is amended to
26 read as follows:
27 1. State aid shall be provided for up to fifty percent of the total
28 project approved costs, excluding feasibility studies, plans or similar
29 activities, for projects for the acquisition, construction, renovation
30 or rehabilitation, including leasehold improvements, of buildings of
31 public libraries and library systems chartered by the regents of the
32 state of New York or established by act of the legislature subject to
33 the limitations provided in subdivision four of this section and upon
34 approval by the commissioner, EXCEPT THAT THOSE LIBRARIES THAT SERVE
35 ECONOMICALLY DISADVANTAGED COMMUNITIES, AS DETERMINED BY THE COMMISSION-
36 ER PURSUANT TO REGULATIONS ADOPTED FOR SUCH PURPOSE, SHALL BE ELIGIBLE
37 TO RECEIVE STATE AID FOR UP TO SEVENTY-FIVE PERCENT OF THE APPROVED
38 TOTAL PROJECT COSTS. Provided however that the state liability for aid
39 paid pursuant to this section shall be limited to funds appropriated for
40 such purpose. Aid shall be provided on approved expenses incurred during
41 the period commencing July first and ending June thirtieth for up to
42 three years, or until the project is completed, whichever occurs first.
43 Fifty percent of such aid shall be payable to each system or library
44 upon approval of the application. Forty percent of such aid shall be
45 payable in the next state fiscal year. The remaining ten percent shall
46 be payable upon project completion.
47 S 6. Section 284 of the education law, as amended by section 5 of part
48 O of chapter 57 of the laws of 2005 and paragraph f of subdivision 1 as
49 amended by chapter 654 of the laws of 2007, is amended to read as
50 follows:
51 S 284. State aid for school library systems. 1. Each school library
52 system established pursuant to section two hundred eighty-two of this
53 part and operating under a plan approved by the commissioner shall be
54 eligible to receive funding under this section consisting of the follow-
55 ing amounts:
A. 3262 16
1 a. Each school library system with a public and nonpublic school
2 enrollment of less than [one] FIVE hundred thousand students shall
3 receive a base grant of [eighty-three] ONE HUNDRED TWENTY-FIVE thousand
4 dollars;
5 b. [Each school library system with a public and nonpublic school
6 enrollment of one hundred thousand students but less than two hundred
7 thousand students shall receive a base grant of ninety thousand dollars;
8 c. Each school library system with a public and nonpublic school
9 enrollment of two hundred thousand students but less than five hundred
10 thousand students shall receive a base grant of one hundred twenty-three
11 thousand dollars; and
12 d.] Each school library system with a public and nonpublic school
13 enrollment of more than five hundred thousand students shall receive a
14 base grant of eight hundred ninety-seven thousand dollars[.];
15 [e.] C. In addition to the base grant provided in paragraph a[,] OR
16 b[, c or d] of this subdivision, each school library system shall
17 receive annually:
18 (1) [twenty-nine] SEVENTY-FIVE cents per student enrolled in the
19 public and nonpublic schools located within such system, and
20 (2) [five] SIX hundred dollars per public school district located
21 within such system, and a minimum of [four] FIVE thousand [three
22 hundred] dollars per system located within a board of cooperative educa-
23 tional services area, or [five] SIX thousand dollars per city school
24 district of a city with a population of one hundred twenty-five thousand
25 inhabitants or more, and
26 (3) [two] FIVE dollars [and forty-five cents] per square mile of the
27 school library system[.];
28 [f.] D. In addition to any other sum provided in this subdivision, any
29 school library system formed through an act of merger since January
30 first, nineteen hundred eighty-four shall receive fifty thousand dollars
31 annually for each approved act of merger, provided, however, that any
32 school library system formed through an act of merger on or after April
33 first, two thousand eight shall receive ninety thousand dollars annually
34 for each approved act of merger[.]; AND
35 [g.] E. In addition to any other sum provided in this subdivision,
36 each school library system WITH AN ELECTRONIC INFORMATION PROGRAM
37 CONSISTENT WITH THE REGULATIONS OF THE COMMISSIONER shall be eligible to
38 receive annually an [automation grant amounting] AMOUNT EQUAL to [ten]
39 THIRTY-EIGHT percent of the total aid produced for that system by adding
40 the base grant provided by paragraph a[,] OR b[, c or d] of this subdi-
41 vision to the additional aid provided by paragraphs [e and f] C AND D of
42 this subdivision.
43 2. Before a school library system shall be entitled to receive operat-
44 ing funds, such system shall submit a plan of library service to the
45 commissioner for approval. The commissioner shall establish standards of
46 service for school library systems by regulation. Such regulations shall
47 contain standards relating to: system staffing; union catalog and data-
48 base development; interlibrary loan; communications and delivery; gover-
49 nance and advisory committees; membership criteria and the means of
50 relating district library resources and programs to those of the system;
51 non-public school participation; and procedures for submission and
52 approval of plans and certification of membership.
53 3. The moneys made available pursuant to this section shall be
54 distributed to each school library system whose plan of service has been
55 approved under the provisions of subdivision two of this section.
A. 3262 17
1 4. Each school library system receiving state aid pursuant to this
2 section shall furnish such information regarding its library service as
3 the commissioner may from time to time require to determine whether it
4 is operating in accordance with its plan and the standards of service
5 the commissioner has established. The commissioner may at any time after
6 affording notice and an opportunity to be heard, revoke approval of a
7 plan of library service if the commissioner finds that the school
8 library system no longer conforms to its approved plan, the provisions
9 of this section or the regulations promulgated by the commissioner here-
10 under; or, in the case of provisional approval, if such school library
11 system no longer conforms to the agreement, plans or conditions upon
12 which such provisional approval was based. In such case a school library
13 system shall not thereafter be entitled to state aid pursuant to this
14 section unless and until its plan of library service is again approved
15 by the commissioner.
16 S 7. Section 285 of the education law, as amended by section 6 of part
17 O of chapter 57 of the laws of 2005, is amended to read as follows:
18 S 285. State aid for cooperation with correctional facilities. 1. Each
19 public library system operating under an approved plan of service which
20 has a state correctional facility or facilities within its area of
21 service shall be awarded an annual grant of nine dollars [twenty-five]
22 SEVENTY cents per capita for the inmate population of such facility or
23 facilities to make available to the inmate population of such facility
24 or facilities, in direct coordination with the correctional facilities
25 libraries, the library resources of such system. The commissioner shall
26 adopt any regulations necessary to carry out the purposes and provisions
27 of this subdivision.
28 2. The commissioner is authorized to expend up to one hundred [seven-
29 ty-five thousand] EIGHTY-THREE THOUSAND SEVEN HUNDRED FIFTY dollars
30 annually to provide grants to public library systems operating under an
31 approved plan of service for provision of services to county jail facil-
32 ities. Such formula grants shall assist the library system in making
33 available to the inmate population of such facility or facilities the
34 library resources of such system. Such grants shall be available to each
35 public library system in such manner as to insure that the ratio of the
36 amount each system is eligible to receive equals the ratio of the number
37 of inmates served by the county jail facility to the total number of
38 inmates served by county jail facilities in the state as of July first
39 of the year preceding the calendar year in which the state aid to public
40 library systems is to be paid. Inmate populations shall be certified by
41 the New York state commission of correction. The commissioner shall
42 adopt any regulations necessary to carry out the purposes and provisions
43 of this subdivision.
44 S 8. The education law is amended by adding a new section 286 to read
45 as follows:
46 S 286. STATE AID FOR NEW YORK EXCELLENCE IN LIBRARY SERVICES PROGRAM.
47 1. IN STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
48 THEREAFTER, THE COMMISSIONER IS HEREBY AUTHORIZED TO EXPEND EACH YEAR UP
49 TO TWO MILLION DOLLARS FOR GRANTS TO PUBLIC LIBRARY SYSTEMS, REFERENCE
50 AND RESEARCH LIBRARY RESOURCES SYSTEMS AND SCHOOL LIBRARY SYSTEMS OPER-
51 ATING UNDER AN APPROVED PLAN OF SERVICE AND WITH AN APPROVED PROGRAM OF
52 EXCELLENCE IN LIBRARY SERVICES, IN ORDER TO ACHIEVE HIGHER QUALITY
53 LIBRARY SERVICE FOR ALL NEW YORKERS. SUCH GRANTS SHALL BE DETERMINED ON
54 THE BASIS OF CRITERIA TO BE DEVELOPED BY THE COMMISSIONER AND SHALL
55 ASSIST MEMBER LIBRARIES AND DISTRICTS IN MEETING AND EXCEEDING STANDARDS
56 OF EXCELLENCE ESTABLISHED BY THE REGENTS. GRANTS SHALL BE PROVIDED FOR
A. 3262 18
1 THE PERIOD COMMENCING JULY FIRST AND ENDING ON JUNE THIRTIETH NEXT
2 FOLLOWING. THE STATE AID SHALL BE AWARDED IN ACCORDANCE WITH REGULATIONS
3 PROMULGATED BY THE COMMISSIONER.
4 2. THE COMMISSIONER SHALL PROVIDE GRANTS TO ELIGIBLE PUBLIC LIBRARY
5 SYSTEMS, REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEMS AND SCHOOL
6 LIBRARY SYSTEMS FOR PROGRAMS OF EXCELLENCE IN THE FOLLOWING MANNER:
7 A. AN AMOUNT OF SIX HUNDRED FIFTY THOUSAND DOLLARS FOR PUBLIC LIBRARY
8 SYSTEMS ESTABLISHED PURSUANT TO SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO
9 HUNDRED SEVENTY-TWO OF THIS PART AND OPERATING UNDER A PLAN APPROVED BY
10 THE COMMISSIONER. FUNDS SHALL BE AVAILABLE TO EACH SYSTEM IN SUCH MANNER
11 AS TO INSURE THAT THE RATIO OF THE STATE AID FOR PROGRAMS OF EXCELLENCE
12 SHALL NOT EXCEED THE RATIO OF STATE AID RECEIVED BY EACH SYSTEM UNDER
13 PARAGRAPHS A, C, D, E AND O OF SUBDIVISION ONE OF SECTION TWO HUNDRED
14 SEVENTY-THREE OF THIS PART;
15 B. AN AMOUNT OF FOUR HUNDRED FIFTY THOUSAND DOLLARS FOR REFERENCE AND
16 RESEARCH LIBRARY RESOURCES SYSTEMS ESTABLISHED PURSUANT TO SECTION TWO
17 HUNDRED SEVENTY-TWO OF THIS PART AND OPERATING UNDER A PLAN APPROVED BY
18 THE COMMISSIONER. FUNDS SHALL BE AVAILABLE TO EACH SYSTEM IN SUCH MANNER
19 AS TO INSURE THAT THE RATIO OF THE STATE AID FOR PROGRAMS OF EXCELLENCE
20 SHALL NOT EXCEED THE RATIO OF STATE AID RECEIVED BY SUCH SYSTEM UNDER
21 PARAGRAPH A OF SUBDIVISION FOUR OF SECTION TWO HUNDRED SEVENTY-THREE OF
22 THIS PART; AND
23 C. AN AMOUNT OF SIX HUNDRED FIFTY THOUSAND DOLLARS FOR SCHOOL LIBRARY
24 SYSTEMS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED EIGHTY-TWO OF THIS
25 PART AND OPERATING UNDER A PLAN APPROVED BY THE COMMISSIONER. FUNDS
26 SHALL BE AVAILABLE TO EACH SYSTEM IN SUCH MANNER AS TO INSURE THAT THE
27 RATIO OF THE STATE AID FOR PROGRAMS OF EXCELLENCE SHALL NOT EXCEED THE
28 RATIO OF STATE AID RECEIVED BY EACH SYSTEM UNDER PARAGRAPHS A, B, C AND
29 D OF SUBDIVISION ONE OF SECTION TWO HUNDRED EIGHTY-FOUR OF THIS PART.
30 3. IN THE STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
31 AND THEREAFTER, THE NEW YORK STATE LIBRARY SHALL BE ENTITLED TO RECEIVE
32 EACH YEAR THE SUM OF TWO HUNDRED FIFTY THOUSAND DOLLARS FOR THE ESTAB-
33 LISHMENT AND IMPLEMENTATION OF A STATEWIDE PROGRAM OF EXCELLENCE IN
34 LIBRARY SERVICES FOR LIBRARY SYSTEMS AND THE MEMBER LIBRARIES AND
35 DISTRICTS OF SUCH SYSTEMS. SUCH STATEWIDE SERVICES MAY INCLUDE, BUT ARE
36 NOT LIMITED TO TECHNICAL ASSISTANCE AND TRAINING FOR LIBRARIES AND
37 LIBRARY SYSTEMS, PUBLICATIONS, COMMUNICATIONS AND PROGRAM PLANNING,
38 IMPLEMENTATION AND EVALUATION.
39 S 9. Subdivision 3 of section 99-l of the state finance law, as added
40 by chapter 303 of the laws of 2004, is amended to read as follows:
41 3. Moneys of the fund, following appropriation by the legislature
42 shall be expended only for the purposes of providing funding for the
43 statewide summer reading program set forth in subdivision [ten] THIRTEEN
44 of section two hundred seventy-three of the education law. Moneys shall
45 be paid out of the fund on the audit and warrant of the state comp-
46 troller on vouchers approved and certified by the commissioner of educa-
47 tion. Any interest received by the comptroller on moneys on deposit in
48 the love your library fund shall be retained in and become part of such
49 fund.
50 S 10. This act shall take effect April 1, 2011; provided that in the
51 event this act shall have become a law after such date, this act shall
52 take effect immediately and shall be deemed to have been in full force
53 and effect on and after April 1, 2011, and provided further that for the
54 purposes of computing the apportionments of calendar year state aid,
55 grants or other financial assistance to libraries and library systems
56 for the 2011 calendar year, this act shall take effect immediately and
A. 3262 19
1 shall be deemed to have been in full force and effect on and after Janu-
2 ary 1, 2011.
