Relates to state aid to libraries and library systems; provides that no library shall receive less aid than they received in 2011; provides that public library systems may use the formula funding for coordinated outreach and youth services; eliminates the competitive adult and family literacy grant programs; eliminates the competitive coordinated conservation/preservation grant program and increases the statutory amount available to each of the eligible Big Eleven research libraries; provides that NYS research library's statutory formula conservation/preservation program is funded at the same level in the state operations budget as are the programs of the other Big Eleven research libraries; provides that no library or system will receive less funding than they received under statute in 2011 as a result of the use of the 2010 census.
STATE OF NEW YORK
________________________________________________________________________
7237
IN SENATE
May 2, 2012
___________
Introduced by Sen. FARLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to state aid to libraries
and library systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs b, c and d, subparagraph 1 of paragraph f, and
2 paragraph h of subdivision 1 of section 273 of the education law, as
3 amended by section 3 of part O of chapter 57 of the laws of 2005, are
4 amended to read as follows:
5 b. In a library system which submits a plan for further development of
6 its central library, which plan shall be approved by the commissioner in
7 relation to standards for such central libraries, the amount of central
8 library development aid shall be:
9 (1) thirty-two cents per capita of the population within the chartered
10 area of service of such library system with a minimum amount of one
11 hundred five thousand dollars, and
12 (2) an additional seventy-one thousand five hundred dollars to the
13 library system for the purchase of books and materials including
14 nonprint materials and electronic resources, as defined in regulations
15 of the commissioner, for its central library. Ownership of library mate-
16 rials and equipment purchased with such central library aid provided by
17 this paragraph shall be vested in the public library system.
18 c. The sum of [ninety-four] one dollar and sixty-two cents per capita
19 of population of the area served.
20 d. [(1) An amount equal to the amount by which expenditures by the
21 library system for books, periodicals, binding and nonprint materials
22 during the preceding fiscal year exceeds forty cents per capita of popu-
23 lation of the area served but the total apportionment pursuant to this
24 subparagraph shall not exceed sixty-eight cents per capita of population
25 served. In the first year in which any library system changes its
26 reporting from the calendar year to a fiscal year other than the calen-
27 dar year, it shall file any additional reporting schedules deemed neces-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15511-02-2
S. 7237 2
1 sary by the commissioner for the purpose of determining state aid for
2 the calendar year.
3 (2)] Each public library system with an automation program to support
4 bibliographic control and interlibrary sharing of information resources
5 of member libraries, and to coordinate and integrate the automated
6 system or systems of such member libraries consistent with regulations
7 of the commissioner, shall be eligible to receive an amount equal to
8 [seven] three percent of the amount earned in [subparagraph one] para-
9 graph c of this [paragraph] subdivision, or seventy-six thousand five
10 hundred dollars, whichever is more.
11 (1) Local library services aid. Except in cities with a population in
12 excess of one million inhabitants, each chartered and registered public
13 and free association library meeting standards of service promulgated by
14 the commissioner, and each public or free association library serving a
15 city with a population of one hundred thousand or more which merged with
16 the public library system on or before January first, nineteen hundred
17 seventy-six and which meets standards of service promulgated by the
18 commissioner, shall be eligible to receive annually thirty-one cents per
19 capita of the population of the library's chartered service area as on
20 file with the commissioner on January first of the calendar year for
21 which aid is payable, or, thirty-one cents per capita of the population
22 of the city with a population of one hundred thousand or more whose
23 public or free association library merged with the public library system
24 on or before January first, nineteen hundred seventy-six, with a minimum
25 amount of one thousand five hundred dollars, except that no library
26 shall receive less than the amount of local library services aid
27 received in two thousand [one] eleven. Regulations of the commissioner
28 shall provide a method for establishing changes in chartered service
29 areas or determining populations thereof. Local library services aid
30 shall be paid to the system for distribution within thirty days of
31 receipt to its member libraries in accordance with this subdivision.
32 Notwithstanding any contrary provisions of this subparagraph, the
33 commissioner shall establish procedures under which a public or free
34 association library may apply for a waiver of the requirements of the
35 standards of service[; provided, however, that any such waivers may only
36 be granted in the same year in which the commissioner has apportioned a
37 reduction adjustment].
38 h. [(1)] Coordinated outreach and youth services. Each public library
39 system which provides coordinated outreach and youth services, as
40 defined by regulations to be promulgated by the commissioner, to persons
41 who are educationally disadvantaged or who are members of ethnic or
42 minority groups in need of special library services, or who are unem-
43 ployed and in need of job placement assistance, or who live in areas
44 underserved by a library, or who are blind, physically disabled, have
45 developmental or learning disabilities, or who are aged or confined in
46 institutions, shall be entitled to receive annually [forty-three]
47 sixty-five thousand dollars and thirteen cents per capita of the total
48 population of the area served.
49 [(2) Adult literacy grants. The commissioner shall award annual grants
50 for approved expenses for library-based programs conducted by public
51 library systems and public and free association libraries which are
52 members of a public library system to assist adults to increase their
53 literacy skills. The commissioner shall award such grants having deter-
54 mined that such programs are being operated in direct coordination with
55 local public schools, colleges and other organizations which are operat-
56 ing similar adult literacy programs. Annual state aid of two hundred
S. 7237 3
1 thousand dollars shall be awarded for grants in accordance with regu-
2 lations promulgated by the commissioner. Ninety percent of the amount of
3 any such adult literacy grant shall be payable to the library or system
4 upon approval by the department. The final ten percent shall be payable
5 upon completion of the project.
6 (3) Family literacy grants. The commissioner shall award annual grants
7 for approved expenses for library-based family literacy programs for
8 pre-school and school age children and their parents conducted by public
9 library systems and public libraries and free association libraries
10 which are members of a public library system. Annual state aid of three
11 hundred thousand dollars for grants shall be awarded in accordance with
12 regulations promulgated by the commissioner. Ninety percent of the
13 amount of any such family literacy grant shall be payable to the library
14 or system upon approval by the department. The final ten percent shall
15 be payable upon completion of the project.]
16 § 2. Subdivisions 7 and 11 of section 273 of the education law, subdi-
17 vision 7 as amended by section 3 of part O of chapter 57 of the laws of
18 2005, subdivision 11 as added by section 3 of part A-5 of chapter 58 of
19 the laws of 2006, are amended to read as follows:
20 7. Conservation and preservation of library research materials. a. The
21 commissioner shall award, by July first in any state fiscal year, an
22 annual formula grant of one hundred [twenty-six] fifty-eight thousand
23 dollars for a program of conservation and/or preservation of library
24 research materials to each of the following comprehensive research
25 libraries: Columbia university libraries, Cornell university libraries,
26 New York state library, New York university libraries, university of
27 Rochester libraries, Syracuse university libraries, the research
28 libraries of the New York public library, state university of New York
29 at Albany library, state university of New York at Binghamton library,
30 state university of New York at Buffalo library, and state university of
31 New York at Stony Brook library.
32 b. To be eligible for such formula grants, each such comprehensive
33 research library must submit both a five-year plan and an annual program
34 budget. The plan must satisfy criteria to be established by the commis-
35 sioner in regulations relating to the identification of library research
36 materials, the need for their preservation, and the means of their
37 conservation.
38 c. [Additional grants, the sum of which shall not exceed three hundred
39 fifty thousand dollars in any state fiscal year, may be made to any or
40 all of the eleven comprehensive research libraries for preservation
41 and/or conservation of library research materials on the basis of
42 project proposals. Approval of such proposals, and determination of
43 funding level, shall be based upon their contribution to development of
44 cooperative programs and/or facilities for conservation and/or preserva-
45 tion works in the state, including but not limited to such factors as:
46 institutional commitment to development of a collective capacity and
47 coordinated approach to conservation and preservation of research mate-
48 rials important to the people of the state; research value of materials
49 to be preserved and/or conserved; appropriateness of conservation and
50 preservation techniques in accordance with statewide planning and
51 national standards; institutional capacity for successful completion of
52 the project, including facilities, experience, and technical expertise;
53 availability of staff with appropriate training and expertise; contrib-
54 ution of the institution to the project in matching funds and staff
55 resources; and volume of interlibrary lending and access to holdings by
56 the public. Ninety percent of each such grant shall be payable upon
S. 7237 4
1 approval by the department and the remaining ten percent shall be paya-
2 ble upon project completion.
3 d.] Other agencies and libraries, as defined in regulations promulgat-
4 ed by the commissioner, which are not eligible for funding under para-
5 graph a of this subdivision, may receive separate grants the sum of
6 which shall not exceed five hundred thousand dollars in any state fiscal
7 year to support the preservation and/or conservation of unique library
8 research materials. Such agencies and libraries shall submit proposals
9 which shall be evaluated and determinations of approval and funding
10 shall be made [on the same basis set forth in paragraph c of this subdi-
11 vision]. Ninety percent of each such grant shall be payable upon
12 approval by the department and the remaining ten percent shall be paya-
13 ble upon project completion.
14 [e.] d. Funds made available under the provisions of this section may
15 be used by comprehensive research libraries and other agencies eligible
16 for funding to obtain matching funds from the national endowment for the
17 humanities preservation program.
18 [f.] e. The commissioner shall establish an office for coordination of
19 conservation and/or preservation of library research materials to iden-
20 tify the conservation and/or preservation needs of libraries within the
21 state, to assess the technology available for such conservation and
22 preservation, and to coordinate the conservation and preservation
23 efforts resulting from this legislation.
24 11. Notwithstanding any other provision of law to the contrary, each
25 year commencing with the two thousand [six] twelve calendar year, no
26 library or library system shall receive less aid pursuant to this
27 section or section two hundred seventy-one or two hundred seventy-two of
28 this part than it would have been eligible to receive for the two thou-
29 sand [one] eleven calendar year solely by reason of a decrease in the
30 population of the area served as a result of the latest approved federal
31 census.
32 § 3. This act shall take effect immediately and shall be deemed to
33 have been in full force and effect on and after April 1, 2012; provided,
34 that the amendments to paragraph h of subdivision 1 of section 273 of
35 the education law made by section one of this act shall take effect
36 April 1, 2013; and provided further, that the amendments to paragraphs
37 a, c, d, e and f of subdivision 7 of section 273 of the education law
38 made by section two of this act shall take effect April 1, 2014.
