Senate Bill S6492

2011-2012 Legislative Session

Relates to state aid to libraries and library systems

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2012	referred to education

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2011-S6492 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§272 & 273, Ed L

2011-S6492 (ACTIVE) - Summary

Relates to state aid to libraries and library systems; provides for automatic waiver of local maintenance of effort requirements in the event that state aid for public library systems is reduced by more than 20% and eliminates such requirements for central libraries; provides the commissioner with authority to waive provisions of certain categorical aid programs in the event that state aid programs are reduced by more than 20%; eliminates the central library program, replacing it with a cooperative resource and collection development aid program

2011-S6492 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6492

TITLE OF BILL:

An act
to amend the education law, in relation to state aid to libraries and
library systems

PURPOSE:

The purpose of this bill is to amend the Education Law so as to enable
library systems and libraries, including the New York State Library,
to better meet the needs of New Yorkers for library services in 2012
and beyond. The proposed amendments will streamline and modernize a
number of existing library aid provisions in statute. The proposed
amendments will also provide increased flexibility for library
systems in meeting the priority needs of their member libraries and
their communities during times of reduced state appropriations for
statutory library programs.

SUMMARY OF PROVISIONS:

The bill would amend two sections of the Education Law that are
related to State Aid for Libraries and Library Systems:

Education Law 272 - Conditions Under Which Library Systems are

entitled to State Aid

Education Law 273 - Apportionment of State Aid
to Libraries and Systems Section 1 of this bill will:

o Create a new subparagraph 1 under Education Law 272(1)(j) that would
trigger an automatic waiver from the local maintenance of effort
(MOE) requirements in Education Law 272(1)(j) in the event the state
budget appropriations for public library systems have been reduced by
more than twenty percent below the statutory formula amounts.

o Permanently eliminate the current local maintenance of effort (MOE)
requirements for designated central libraries or co-central libraries
of public library systems In Education Law 272(1(j)(2). This change
is needed in order to implement the changes made to Education Law
273(1)(b) proposed in Section 2 of this bill.

Section 2 of this bill will:

o Create a new paragraph (m) under Education Law 272(1) that would
provide the Commissioner of Education with the authority to waive
statutory program requirements of certain library system aid programs
in the event that the state budget appropriations for library systems
have been reduced by more than twenty percent below the statutory
formula amounts. Programs that would be included under this provision
include:

o Education Law 273 (1)(b) - public library systems - Cooperative
resource and collection development aid (formerly known as central
library aid).


o Education Law 273(1)(h) - public library systems - Coordinated
outreach and youth services aid.
o Education Law 273 (4)(b)- reference and research library resources
systems Medical Information Services Program Aid.
o Education Law 273(4)(c)- reference and research library resources
systems Hospital Library Services Aid.
o Education Law 273 (6)- reference and research library resources
systems Regional Bibliographic Data bases and Interlibrary Resources
Sharing Aid.
o Education Law 284(1)(g) - school library systems - Automation Aid

Section 3 of this bill will:

o Amend Education Law 273(1)(b) to transform the public library
system central library aid program, providing a broader, more
flexible "cooperative resources and collection development aid"
program. Systems will no longer be required to have an officially
designated and State-approved central library. Systems will have
multiple options for using these State funds, including using the
State funds to contract with one or more member libraries that
provide centralized collections and resources for use by all system
residents. Systems may also use these State funds to offer a broad
range of electronic resources for use by all residents of the system
service area or other cooperative initiatives that will be identified
in collaboration with member libraries.

o Amend Education Law 273(1)(c) and (d) to modernize and simplify
three of the operating aid formulas for public library systems,
reducing the number of formulas from three to two without reducing
the overall statutory funding levels. The formula in paragraph c will
be amended to increase the amount of per capita State Aid from ninety
four cents to $1.62 per capita. This increase is budget neutral
because of the corresponding elimination of the outdated and
unnecessarily complex "book reimbursal" program formula in Education
Law 273(1)(d)(1) of sixty-eight cents per capita. The automation
program aid formula in paragraph d (2) will be adjusted to ensure
that the overall funding amount for the system's automation program
aid remains the same.

o Amend Education Law 273(1)(f)(1), regarding Local Library Services
Aid, to ensure that no library receives less in Local Library
Services Aid than the library received in 2011, thus providing a hold
harmless so that the changes in the 2010 census do not result in any
library receiving a reduction in this State funding in statute. Other
amendments to subparagraph f will remove the provision that the
Commissioner may only grant waivers
or variances from minimum standards if library aid is not at the
statutory level. Based on past experience, there are sometimes
special circumstances under which such a waiver or variance is
legitimately needed by a library.

o Amend Education Law 273(1)(h), regarding Coordinated outreach
services, to add the authority for public library systems to use this
formula funding for coordinated outreach and youth services for the
identified target groups. Amendments will also eliminate the
provisions of Education Law 273(1)(h)(2) which authorize a $200,000
competitive adult literacy grant program and Education Law


273(1)(h)(3) which authorize a $300,000 competitive family literacy
grant programs for public libraries and public library systems.
Instead, these State funds ($500,000) would be used to increase the
base grant for each public library system for coordinated outreach
and youth services program from $43,000 to $65,000.
· Amend Education Law Section 273(1) to add a new subparagraph (0).
This new subparagraph would provide that any new public library
system established through merger on or after April 1, 2012 would
continue to receive at least the same level of funding annually as
the component public library systems would have received
individually, removing the current financial disincentives for
voluntary library system mergers.

Section 4 of this bill will:

o Amend Education Law Section 273(4) to add a new subparagraph (d).
This new subparagraph (d) would provide that any new reference and
research library resources system established through merger on or
after April 1, 2012 would continue to receive at least the same level
of funding annually as the component reference and research library
resources systems would have received individually, removing the
current financial disincentives for voluntary library system mergers.

Section 5 of this bill will:

o Amend Education Law Section 273(7), regarding the Conservation and
preservation of library research materials, to streamline the
conservation and preservation of library research materials program.
These amendments will permanently eliminate the provisions of
subparagraph (c) which authorize the complex and competitive $350,000
coordinated conservation/preservation grant program for the Big
Eleven Research Libraries. It would also amend subparagraph (a) to
move the funds from (c) to (a), thereby increasing the statutory
amount available to each of the eligible Big Eleven research
libraries from $126,000 to $158,000. Other changes to subparagraph
(b) will require that the New York State 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 ten other
Big Eleven Research libraries in the local assistance budget.

o Amend Education Law Section 273(8) to require that in the event that
the statutory formula funds for the New York State Library's Talking
Book and Braille Library are subject to a reduction adjustment, such
adjustment shall not exceed any reduction adjustment applied to other
statutory Library Aid programs in the local assistance budget.

o Amend Education Law Section 273 (11) to provide a hold-harmless so
that no library or system will receive less funding than the library
or library system received under statute in 2011 as a result of the
use of the 2010 census.

JUSTIFICATION:

The proposed amendments to Section 272 and 273 of the Education Law
will enable New York State's network of state-supported library
systems and libraries, including the New York State Library, to
better meet the needs of New Yorkers for library services in 2012 and


beyond. The proposed amendments will streamline and modernize a
number of existing library aid provisions in statute so that library
systems and libraries can continue to enhance collaboration, expand
cooperation and increase shared services that benefit all New
Yorkers. The changes will also provide library systems with more
flexibility, so they can work in partnership with each other, with
local libraries and with the State Library to adapt existing programs
and services to meet the changing needs of library customers and
achieve greater economies of scale. Amendments will also remove
current financial disincentives for like-type library system mergers
among public library systems and reference and research library
resources systems.

The changes accomplished by this proposed legislation will enable
library systems and libraries to more quickly institute new programs
and services that take full advantage of new technologies and digital
content, in cost efficient and operationally effective manners. The
proposed amendments will provide increased flexibility for library
systems in meeting the priority needs of their member libraries and
their communities during times of reduced state appropriations for
statutory library programs.

The proposed amendments to Education Law 273 will also streamline and
update several outdated aid formulas. The proposed legislation will
eliminate three different statewide competitive grant programs and
shift the State funds to formula aid programs with similar purposes.
Each of these three competitive grant programs are underfunded
compared to the need, and annually benefit only relatively small
numbers of libraries. In addition, the State . requirements for
competitive grant programs have become increasingly stringent, with
multiple and costly layers of administrative review and approvals.
These costly multiple layers of review drain limited staffing
resources and result in long delays in grant approvals by control
agencies.
As a result, local libraries may have only a two or three month window
to complete what was intended by statute to be a twelve month grant
project. The administrative burden consequently outweighs the
benefits of these relatively small, targeted competitive grant
programs.

Going forward, the State funds will be shifted to similar statutory
formula programs in order to continue to address what are still areas
of critical need in New York State. Programs for New Yorkers needing
adult literacy library services and family literacy library services
will be provided through the expanded public library systems'
coordinated outreach library services and youth services program. The
conservation and preservation of unique and fragile library research
materials will be enhanced by the addition of the $350,000 from the
coordinated conservation/preservation competitive grant program to
the annual statutory funding for the Big Eleven research libraries.
As a result of these changes, these limited State funds will benefit
larger numbers of libraries and library users in a more efficient and
cost-effective manner. The elimination of the three under-funded and
labor intensive competitive grant programs will also result in
operational efficiencies for the State Library, the State Education
Department, control agencies, and local libraries.
Amendments will clarify in law that statutory funding for the New York


State Library for conservation/preservation and for the Talking Book
and Braille Library in the State Operations Budget should be subject
to the same reduction adjustments that apply to the other statutory
aid programs for libraries in the Local Assistance Budget. Currently,
that is not the case and these important programs have suffered
disproportionately from reductions beginning in 2008-2009 and
continuing through 2011-2012. The 2012-2013 Executive Proposal
recommends additional reductions for 2012-2013, resulting in an
overall 40 percent reduction from statutory levels. Library Aid local
assistance programs have been reduced by 23 percent.

The hold harmless provisions currently in law will be updated to
provide that no library or system would receive less in statutory
formula aid as a result of the use of the 2010 Census than they had
received in 2011.

LEGISLATIVE HISTORY:

This is a new legislative proposal.

FISCAL IMPLICATIONS:

Budgetary implications of this legislation would be minimal.

The proposed amendments included in this bill are fiscally neutral in
terms of the funds generated by the statutory formulas. The existing
statute, using the 2010 census with a hold harmless to 2011 would
drive an estimated $103.5 million in state aid to libraries and
library systems. However, the proposed appropriation for libraries
and library systems in the 2012-2013 Executive Budget is $79 million,
approximately twenty-three percent less than the amounts generated by
the formulas in statute.

The State Library will realize an immediate savings of more than
$50,000 annually in administrative costs as a result of the
elimination of the three competitive grant programs. This amount does
not include additional savings that will be realized by control
agencies and local libraries.

EFFECTIVE DATE:

Section 6 of this bill specifies the effective dates for the
provisions in this bill. All provisions will take effect immediately
and be deemed to have been in full force and effect as of April 1,
2012 with the exception that the changes to adult and family literacy
grant programs do not take place until April 1, 2013 (since the
second year of the current grant cycle runs through June 30, 2013,
using funds appropriated in the FY 2012-2013 Budget). Also, the
changes to the competitive Coordinated Conservation/Preservation
Grant Program do not take place until April 1, 2014. (since the third
and final year of the current grant cycle runs through June 30, 2014,
using funds appropriated in the FY 2013-2014 Budget).

2011-S6492 (ACTIVE) - Bill Text download pdf

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

                                  6492

                            I N  S E N A T E

                            February 15, 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. Subparagraphs 1, 2 and 3 of paragraph j of subdivision 1 of
section  272  of the education law, as amended by section 2 of part O of
chapter 57 of the laws of 2005, are amended to read as follows:
  (1) IN THE EVENT THAT THE STATE AID FORMULA FUNDS APPROPRIATED  FOR  A
PUBLIC  LIBRARY  SYSTEM  UNDER SECTION TWO HUNDRED SEVENTY-THREE OF THIS
PART ARE LESS THAN EIGHTY PERCENT OF THE STATUTORY  FORMULA  AMOUNTS  IN
SUCH  SECTION,  THE  PROVISIONS  OF  SUBPARAGRAPHS TWO AND THREE OF THIS
PARAGRAPH SHALL NOT APPLY.
  (2) In the event that the sum total of local sponsor support raised by
local taxation exclusive of the sum raised for capital expenditures  for
the  support of a public library system and participating libraries in a
twelve month period is less than ninety-five per centum of  the  average
of  the  amounts  raised for such purposes by local taxation for the two
preceding twelve month periods, the state  aid  to  which  such  library
system  would  otherwise be entitled shall be reduced by twenty-five per
centum. Such state aid shall likewise  be  reduced  by  twenty-five  per
centum  in  the  event that the public library system shall refuse after
reasonable notice to make provision for the expansion of the area served
in accordance with the regulations of the commissioner.  Upon receipt of
annual systems and participating libraries activity reports satisfactory
to the commissioner, the commissioner shall determine the amount of  any
underpayment  or overpayments related to maintenance of effort and shall
apply such adjustment to  the  next  annual  payment  due  such  library
system.  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-
sary  by  the commissioner for the purpose of determining maintenance of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14182-01-2

S. 6492                             2

effort as required herein, in order that no  period  of  time  shall  be
exempt from such requirement.
  [(2)  In the event that the total sum raised by local taxation, exclu-
sive of the sum raised for capital expenditures, for the  support  of  a
central  library of a public library system in a twelve month period, is
less than ninety-five per centum of the average of  the  amounts  raised
for  such  purposes by local taxation for the two preceding twelve month
periods, the state aid to which such library system would  otherwise  be
entitled  for the development of its central library shall be reduced by
twenty-five per centum. Upon receipt of annual central library  activity
reports  satisfactory to the commissioner, the commissioner shall deter-
mine the amount of any underpayment or overpayments related  to  mainte-
nance  of  effort  and  shall  apply  such adjustment to the next annual
payment due such library system. In the first year in which any  library
system  changes  its  reporting  from the calendar year to a fiscal year
other than the calendar year, it shall  file  any  additional  reporting
schedules deemed necessary by the commissioner for the purpose of deter-
mining maintenance of effort as required herein, in order that no period
of time shall be exempt from such requirement.]
  (3)  The commissioner may waive the requirements of [subparagraphs one
and] SUBPARAGRAPH two of this paragraph, if the commissioner  determines
that  the  application of such [subparagraphs] SUBPARAGRAPH would result
in excessive hardship for the public library system or  central  library
brought  about  by an extraordinary change in a local sponsor's economic
condition, loss by a local sponsor of state  aid  to  local  governments
provided  under  section  fifty-four  of  the state finance law, or by a
natural disaster. Such waiver may be  granted  only  one  time  to  each
public library system or central library within five calendar years. The
commissioner may grant such waiver for a period of up to two consecutive
calendar  years. The commissioner shall report any waivers granted under
this subparagraph to the speaker of the assembly, the  temporary  presi-
dent  of the senate, the chairs of the legislative fiscal committees and
the director of the division of the budget.
  S 2. Subdivision 1 of section 272 of the education law is  amended  by
adding a new paragraph m to read as follows:
  M.  THE  COMMISSIONER MAY WAIVE THE REQUIREMENTS OF PARAGRAPHS B AND H
OF SUBDIVISION ONE, PARAGRAPHS B AND C OF SUBDIVISION FOUR AND  SUBDIVI-
SION  SIX OF SECTION TWO HUNDRED SEVENTY-THREE AND PARAGRAPH G OF SUBDI-
VISION ONE OF SECTION TWO HUNDRED EIGHT-FOUR OF THIS  PART  IF,  IN  ANY
STATE  FISCAL YEAR BEGINNING WITH THE STATE FISCAL YEAR COMMENCING APRIL
FIRST, TWO THOUSAND TWELVE, THE FORMULA FUNDS APPROPRIATED BY THE  STATE
FOR  THE  PURPOSES  OF SUCH SECTIONS ARE LESS THAN EIGHTY PERCENT OF THE
STATUTORY AMOUNTS. APPROVAL OF SUCH A WAIVER SHALL BE BASED ON  CRITERIA
TO  BE  DEVELOPED  BY THE COMMISSIONER. THE COMMISSIONER WILL GRANT SUCH
WAIVERS ON AN ANNUAL BASIS. THE COMMISSIONER SHALL  REPORT  ANY  WAIVERS
GRANTED  UNDER THIS PARAGRAPH TO THE SPEAKER OF THE ASSEMBLY, THE TEMPO-
RARY PRESIDENT OF THE SENATE,  THE  CHAIRS  OF  THE  LEGISLATIVE  FISCAL
COMMITTEES AND THE DIRECTOR OF THE BUDGET.
  S  3.  Paragraphs b, c and d, subparagraph 1 of paragraph f, and para-
graph 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
and a new paragraph o is added to read as follows:
  b.  In a library system which submits a plan for [further] COOPERATIVE
development of [its central library] LIBRARY RESOURCES AND  COLLECTIONS,
which  plan shall be approved by the commissioner [in relation to stand-

S. 6492                             3

ards for such central libraries], the amount of [central library]  COOP-
ERATIVE RESOURCE AND COLLECTION 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
materials and equipment purchased with such  [central  library]  COOPER-
ATIVE RESOURCE AND COLLECTION DEVELOPMENT 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-
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  percent of the amount earned in [subparagraph one] PARAGRAPH 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

S. 6492                             4

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
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.]
  O.    ANY  NEW  PUBLIC LIBRARY SYSTEM ESTABLISHED THROUGH MERGER ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE,  SHALL  RECEIVE  NO  LESS  STATE
FORMULA  AID  THAN THE COMPONENT PUBLIC LIBRARY SYSTEMS WERE ENTITLED TO
RECEIVE  UNDER   SECTIONS   TWO   HUNDRED   SEVENTY-TWO,   TWO   HUNDRED
SEVENTY-THREE  AND  TWO  HUNDRED  EIGHTY-FIVE OF THIS PART IN THE FISCAL
YEAR IMMEDIATELY PRECEEDING THE YEAR IN WHICH SUCH MERGER IS APPROVED BY
THE COMMISSIONER.
  S 4. Subdivision 4 of section 273 of the education law is  amended  by
adding a new paragraph d to read as follows:
  D. ANY NEW REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEM ESTABLISHED
THROUGH  MERGER  ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND TWELVE, SHALL
RECEIVE NO LESS STATE FORMULA  AID  THAN  THE  COMPONENT  REFERENCE  AND
RESEARCH  LIBRARY  RESOURCES  SYSTEMS  WERE  ENTITLED  TO  RECEIVE UNDER
SECTIONS TWO HUNDRED SEVENTY-TWO AND TWO HUNDRED SEVENTY-THREE  OF  THIS
PART  IN  THE  FISCAL  YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH SUCH
MERGER IS APPROVED BY THE COMMISSIONER.
  S 5. Subdivisions 7, 8 and 11 of section 273 of the education law,  as
amended by section 3 of part O of chapter 57 of the laws of 2005, subdi-

S. 6492                             5

vision 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.  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  ANNUAL
APPROPRIATION  UNDER  THE  PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION
FOR THE NEW YORK STATE LIBRARY IN THE STATE OPERATIONS BUDGET  SHALL  BE
EQUAL  TO AND NO LESS THAN THE APPROPRIATION AMOUNT PROVIDED FOR EACH OF
THE OTHER COMPREHENSIVE RESEARCH LIBRARIES IN THE STATE LOCAL ASSISTANCE
BUDGET.
  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
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

S. 6492                             6

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.
  8. New York state talking book and braille library. The New York state
talking  book  and braille library shall be entitled to receive annually
an amount equal to the product of the  aid  ceiling  multiplied  by  the
number  of  registered borrowers of such materials of such library as of
the November report for the November  immediately  preceding  the  state
fiscal  year  for  which  the payment will be made. Such amount shall be
used to improve the quality of services provided to such borrowers.  For
aid  payable  in  each state fiscal year, the aid ceiling per registered
borrower shall be nineteen dollars. NOTWITHSTANDING ANY OTHER  PROVISION
OF  LAW,  IN THE EVENT THAT THE STATUTORY FORMULA FUNDS APPROPRIATED FOR
THE NEW YORK STATE TALKING BOOK AND BRAILLE LIBRARY UNDER THIS  SUBDIVI-
SION  IN  THE STATE OPERATIONS BUDGET ARE SUBJECT TO A REDUCTION ADJUST-
MENT, SUCH REDUCTION ADJUSTMENT SHALL NOT EXCEED ANY  REDUCTION  ADJUST-
MENT  APPLIED  TO  LIBRARY LOCAL ASSISTANCE PROGRAMS UNDER THIS SECTION.
Notwithstanding any other provision of law, the New York  state  talking
book  and  braille library shall be the successor in interest to the New
York state library for  the  blind  and  visually  handicapped  for  all
purposes,  or  the library for the blind and physically handicapped, and
the change in name shall not affect  the  rights  or  interests  of  any
party.  Except where the context indicates a contrary intent, any refer-
ence in any other general or special law to the New York  state  library
for  the blind and visually handicapped or the library for the blind and
physically handicapped shall be deemed a reference to the New York state
talking book and braille library.
  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  6.  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 three 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 five of this act shall take effect April 1, 2014.

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Senate Bill S6492

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Archive: Last Bill Status - In Senate Committee Education Committee

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Sponsored By

Hugh T. Farley

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

Joseph P. Addabbo Jr.

Tony Avella

Timothy M. Kennedy

2011-S6492 (ACTIVE) - Details

2011-S6492 (ACTIVE) - Summary

2011-S6492 (ACTIVE) - Sponsor Memo

2011-S6492 (ACTIVE) - Bill Text download pdf

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