S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7237

                            I N  S E N A T E

                               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:

  Section  1.  Paragraphs b, c and d, subparagraph 1 of paragraph f, and
paragraph h of subdivision 1 of section 273 of  the  education  law,  as
amended  by  section  3 of part O of chapter 57 of the laws of 2005, are
amended to read as follows:
  b. In a library system which submits a plan for further development of
its central library, which plan shall be approved by the commissioner in
relation to standards for such central libraries, the amount of  central
library development aid shall be:
  (1) thirty-two cents per capita of the population within the chartered
area  of  service  of  such  library system with a minimum amount of one
hundred five thousand dollars, and
  (2) an additional seventy-one thousand five  hundred  dollars  to  the
library  system  for  the  purchase  of  books  and  materials including
nonprint materials AND ELECTRONIC RESOURCES, as defined  in  regulations
of the commissioner, for its central library. Ownership of library mate-
rials  and equipment purchased with such central library aid provided by
this paragraph shall be vested in the public library system.
  c. The sum of [ninety-four] ONE DOLLAR AND SIXTY-TWO cents per  capita
of population of the area served.
  d.  [(1)  An  amount  equal to the amount by which expenditures by the
library system for books, periodicals, binding  and  nonprint  materials
during the preceding fiscal year exceeds forty cents per capita of popu-
lation  of  the area served but the total apportionment pursuant to this
subparagraph shall not exceed sixty-eight cents per capita of population
served. In the first year  in  which  any  library  system  changes  its
reporting  from the calendar year to a fiscal year other than the calen-
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
              

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sary by the commissioner for the purpose of determining  state  aid  for
the calendar year.
  (2)]  Each public library system with an automation program to support
bibliographic control and interlibrary sharing of information  resources
of  member  libraries,  and  to  coordinate  and integrate the automated
system or systems of such member libraries consistent  with  regulations
of  the  commissioner,  shall  be eligible to receive an amount equal to
[seven] THREE percent of the amount earned in [subparagraph  one]  PARA-
GRAPH  C  of  this [paragraph] SUBDIVISION, or seventy-six thousand five
hundred dollars, whichever is more.
  (1) Local library services aid. Except in cities with a population  in
excess  of one million inhabitants, each chartered and registered public
and free association library meeting standards of service promulgated by
the commissioner, and each public or free association library serving  a
city with a population of one hundred thousand or more which merged with
the  public  library system on or before January first, nineteen hundred
seventy-six and which meets standards  of  service  promulgated  by  the
commissioner, shall be eligible to receive annually thirty-one cents per
capita  of  the population of the library's chartered service area as on
file with the commissioner on January first of  the  calendar  year  for
which  aid is payable, or, thirty-one cents per capita of the population
of the city with a population of one  hundred  thousand  or  more  whose
public or free association library merged with the public library system
on or before January first, nineteen hundred seventy-six, with a minimum
amount  of  one  thousand  five  hundred dollars, except that no library
shall receive less  than  the  amount  of  local  library  services  aid
received  in  two thousand [one] ELEVEN. Regulations of the commissioner
shall provide a method for establishing  changes  in  chartered  service
areas  or  determining  populations  thereof. Local library services aid
shall be paid to the system  for  distribution  within  thirty  days  of
receipt  to  its  member  libraries in accordance with this subdivision.
Notwithstanding  any  contrary  provisions  of  this  subparagraph,  the
commissioner  shall  establish  procedures  under which a public or free
association library may apply for a waiver of the  requirements  of  the
standards of service[; provided, however, that any such waivers may only
be  granted in the same year in which the commissioner has apportioned a
reduction adjustment].
  h. [(1)] Coordinated outreach AND YOUTH services. Each public  library
system  which  provides  coordinated  outreach  AND  YOUTH  services, as
defined by regulations to be promulgated by the commissioner, to persons
who are educationally disadvantaged or who  are  members  of  ethnic  or
minority  groups  in  need of special library services, or who are unem-
ployed and in need of job placement assistance, or  who  live  in  areas
underserved  by  a  library, or who are blind, physically disabled, have
developmental or learning disabilities, or who are aged or  confined  in
institutions,  shall  be  entitled  to  receive  annually  [forty-three]
SIXTY-FIVE thousand dollars and thirteen cents per capita of  the  total
population of the area served.
  [(2) Adult literacy grants. The commissioner shall award annual grants
for  approved  expenses  for  library-based programs conducted by public
library systems and public and  free  association  libraries  which  are
members  of  a  public library system to assist adults to increase their
literacy skills. The commissioner shall award such grants having  deter-
mined  that such programs are being operated in direct coordination with
local public schools, colleges and other organizations which are operat-
ing similar adult literacy programs. Annual state  aid  of  two  hundred

S. 7237                             3

thousand  dollars  shall  be awarded for grants in accordance with regu-
lations promulgated by the commissioner. Ninety percent of the amount of
any such adult literacy grant shall be payable to the library or  system
upon  approval by the department. The final ten percent shall be payable
upon completion of the project.
  (3) Family literacy grants. The commissioner shall award annual grants
for approved expenses for library-based  family  literacy  programs  for
pre-school and school age children and their parents conducted by public
library  systems  and  public  libraries  and free association libraries
which are members of a public library system. Annual state aid of  three
hundred  thousand dollars for grants shall be awarded in accordance with
regulations promulgated by  the  commissioner.  Ninety  percent  of  the
amount of any such family literacy grant shall be payable to the library
or  system  upon approval by the department. The final ten percent shall
be payable upon completion of the project.]
  S 2. Subdivisions 7 and 11 of section 273 of the education law, subdi-
vision 7 as amended by section 3 of part O of chapter 57 of the laws  of
2005,  subdivision 11 as added by section 3 of part A-5 of chapter 58 of
the laws of 2006, are amended to read as follows:
  7. Conservation and preservation of library research materials. a. The
commissioner shall award, BY JULY FIRST in any  state  fiscal  year,  an
annual  FORMULA  grant  of one hundred [twenty-six] FIFTY-EIGHT thousand
dollars for a program of conservation  and/or  preservation  of  library
research  materials  to  each  of  the  following comprehensive research
libraries: Columbia university libraries, Cornell university  libraries,
New  York  state  library,  New York university libraries, university of
Rochester  libraries,  Syracuse  university  libraries,   the   research
libraries  of  the New York public library, state university of New York
at Albany library, state university of New York at  Binghamton  library,
state university of New York at Buffalo library, and state university of
New York at Stony Brook library.
  b.  To  be  eligible  for such FORMULA grants, each such comprehensive
research library must submit both a five-year plan and an annual program
budget.  The plan must satisfy criteria to be established by the commis-
sioner in regulations relating to the identification of library research
materials, the need for their  preservation,  and  the  means  of  their
conservation.
  c. [Additional grants, the sum of which shall not exceed three hundred
fifty  thousand  dollars in any state fiscal year, may be made to any or
all of the eleven  comprehensive  research  libraries  for  preservation
and/or  conservation  of  library  research  materials  on  the basis of
project proposals. Approval of  such  proposals,  and  determination  of
funding  level, shall be based upon their contribution to development of
cooperative programs and/or facilities for conservation and/or preserva-
tion works in the state, including but not limited to such  factors  as:
institutional  commitment  to  development  of a collective capacity and
coordinated approach to conservation and preservation of research  mate-
rials  important to the people of the state; research value of materials
to be preserved and/or conserved; appropriateness  of  conservation  and
preservation  techniques  in  accordance  with  statewide  planning  and
national standards; institutional capacity for successful completion  of
the  project, including facilities, experience, and technical expertise;
availability of staff with appropriate training and expertise;  contrib-
ution  of  the  institution  to  the project in matching funds and staff
resources; and volume of interlibrary lending and access to holdings  by
the  public.  Ninety  percent  of  each such grant shall be payable upon

S. 7237                             4

approval by the department and the remaining ten percent shall be  paya-
ble upon project completion.
  d.] Other agencies and libraries, as defined in regulations promulgat-
ed  by  the commissioner, which are not eligible for funding under para-
graph a of this subdivision, may receive  separate  grants  the  sum  of
which shall not exceed five hundred thousand dollars in any state fiscal
year  to  support the preservation and/or conservation of unique library
research materials. Such agencies and libraries shall  submit  proposals
which  shall  be  evaluated  and  determinations of approval and funding
shall be made [on the same basis set forth in paragraph c of this subdi-
vision]. Ninety percent  of  each  such  grant  shall  be  payable  upon
approval  by the department and the remaining ten percent shall be paya-
ble upon project completion.
  [e.] D. Funds made available under the provisions of this section  may
be  used by comprehensive research libraries and other agencies eligible
for funding to obtain matching funds from the national endowment for the
humanities preservation program.
  [f.] E. The commissioner shall establish an office for coordination of
conservation and/or preservation of library research materials to  iden-
tify  the conservation and/or preservation needs of libraries within the
state, to assess the technology  available  for  such  conservation  and
preservation,  and  to  coordinate  the  conservation  and  preservation
efforts resulting from this legislation.
  11. Notwithstanding any other provision of law to the  contrary,  each
year  commencing  with  the  two thousand [six] TWELVE calendar year, no
library or library system  shall  receive  less  aid  pursuant  to  this
section or section two hundred seventy-one or two hundred seventy-two of
this  part than it would have been eligible to receive for the two thou-
sand [one] ELEVEN calendar year solely by reason of a  decrease  in  the
population of the area served as a result of the latest approved federal
census.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012; provided,
that the amendments to paragraph h of subdivision 1 of  section  273  of
the  education  law  made  by  section one of this act shall take effect
April 1, 2013; and provided further, that the amendments  to  paragraphs
a,  c,  d,  e and f of subdivision 7 of section 273 of the education law
made by section two of this act shall take effect April 1, 2014.