BILL NUMBER:S4102

TITLE OF BILL:
An act
to amend chapter 386 of the laws of 1996, amending the education law
relating to providing for a waiver allowing state aid in certain
circumstances, in relation to the effective date of such chapter

PURPOSE:
The legislation would prevent unintentional
loss in state aid
to central libraries and public library systems.

SUMMARY OF PROVISIONS:
Section 1 amends Section 2 of Chapter 386 of
the Laws of 1996, relating to providing for a waiver allowing State
Aid in certain circumstances, as amended by Chapter 2 of the Laws
of 2011. This amendment to Education Law 272 (1)(j)(3) and (4) will
make permanent the authority of the Education Commissioner to grant
waivers to public library systems and central libraries of public
library systems from local maintenance of effort requirements in
specific circumstances including extraordinary changes in local or
state conditions or natural disasters. The Commissioner's authority
to grant such waivers was recently extended to January 1, 2015 in
Chapter 2 of the Laws of 2011.

              

JUSTIFICATION:
This bill will make permanent the ability of the
Education Commissioner to grant waivers to public library systems
and/or central libraries from local maintenance of effort
requirements under specific circumstances as outlined in Education
Law 272 (1)(j). Public library systems and/or central libraries would
otherwise be penalized with a loss of 25% of their allocated State Aid
for failing to meet MOE requirements. This loss of State Aid funding
would have a crippling effect on a public library system's ability to
deliver services to local public libraries and to targeted
populations such as persons who are disabled, persons who speak
English as a second language, the incarcerated, the institutionalized
or the unemployed. The waiver process has worked well since it was
first instituted, and making it permanent in Education Law would
avoid any gap which is what happened in 2010 when Governor Paterson
vetoed the Article VII bill.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.