BILL NUMBER:A10012

TITLE  OF BILL:  An act to amend the retirement and social security law,
in relation to participation by free association libraries  in  the  New
York state and local employees' retirement system

PURPOSE:  The  bill would allow additional free association libraries to
participate in the State retirement system, providing  their  librarians
and  other employee's equity with those free association libraries which
are  currently  in  the  retirement  system,  as  well  as  with  public
.libraries operating under other forms of governance.

SUMMARY  OF  PROVISIONS:  Adds  a new section 31-g to the Retirement and
Social Security Law  allowing  free  association  libraries  which  meet
enumerated  standards  to  .join the retirement system end providing for
administration of the. process. To be eligible, libraries must be  char-
tered  by  the  State  Board  of  Regents, receive the majority of their
revenues from public sources, provide for public, voting on  both  their
budgets  and their trustees, and file appropriate reports with the State
Comptroller.

EXISTING LAW: Section 31 of the  Retirement  and  'Social  Security  Law
(RSSL)  permits,  but  does not require, the State Comptroller to accept
for membership in the State retirement system,  "Any  public  or  quasi-
public  organization  created wholly or partly Or deriving its powers by
the legislature of the  state  and.which  organization  employs  persons
              

engaged in service to the public..." Pursuant to this section, the Comp-
troller  appears  to  have  admitted  16  free  association libraries to
participation in-the retirement system; but reportedly has not  accepted
applications  in recent years. Other sections of law (see sections 31-a,
31-b, 31-c, 31-d and 32 of the.  RSSL) provide membership  for  specific
named public libraries and library systems.

JUSTIFICATION:  This bill was requested by the New York. Library Associ-
ation  (NYLA).  Public libraries in New York generally operate under one
of four types of governance. Some are agencies or departments Of a muni-
cipality, so library Staff are employees of  the  municipality  and  are
thus  members  of  the  retirement  system. Others are special districts
created by special  State  legislation,  and  their.  retirement  system
participation  may  be established by their enabling legislation. Others
are voter-established "school  district  public  libraries,"  which  are
eligible  to  participate  in  the state retirement system pursuant to
section 31-a of the RSSL. The fourth type of public  library  governance
is  the free association library. Free association libraries are subject
to the same rights and responsibilities pursuant to the Education Law as
are public libraries operating under other types of governance.  Funding
for these libraries typically is provided by the municipality (or  muni-
cipalities)  which  they  serve.. These libraries receive the same State
and federal aid as other public. libraries. The largest and  most  well-
known  free  association library is the research library of the New York
Public Library, which is actually owned by the Astor, Lenox, and  Tilden
Foundations.  (This free association library is specifically made eligi-

ble to participate in the retirement system by Section 32 of the  RSSL.)
The  vast majority of free association libraries, however, serve, small,
rural upstate communities. Their lack of participation in the retirement
system  hampers their ability to recruit and retain librarians and other
staff. Experienced staff currently working in  other  libraries  may  be
reluctant to accept employment which does not count toward their retire-
ment,  while  entry-level  staff  are likely to move on to jobs at other
libraries or other local government agencies which participate  .in  the
retirement  system.  Permitting  these  libraries  to participate in the
retirement system will "level the playing field" and ensure high quality
library services for citizens in all parts of the State.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: No direct fiscal implications to the State.

LOCAL FISCAL  IMPLICATIONS:  No  direct  fiscal  implications  to  local
governments.  The actual costs of participation in the retirement system
will be billed by the Comptroller directly  to  the  participating  free
association libraries.

EFFECTIVE DATE: Immediately.