senate Bill S7237

2011-2012 Legislative Session

Relates to state aid to libraries and library systems

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to libraries and education technology
delivered to assembly
passed senate
ordered to third reading cal.1248
committee discharged and committed to rules
Jun 05, 2012 reported and committed to finance
May 02, 2012 referred to education

Votes

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Jun 13, 2012 - Rules committee Vote

S7237
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 5, 2012 - Education committee Vote

S7237
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Education committee vote details

Co-Sponsors

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S7237 - Bill Details

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

S7237 - Bill Texts

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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.

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BILL NUMBER:S7237

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

PURPOSE:
This bill would consolidate, streamline and update certain library aid
programs in order to make them more cost-efficient and effective.

SUMMARY OF PROVISIONS:
Section 273(1)(b) of the Education Law is amended to clarify and
ensure that central library development aid may be used to purchase
"electronic resources" in addition to books and nonprint materials.

Section 273(1)(c) of the Education Law is amended to increase the per
capita aid level for public library systems from 94 cents to $1.62.
This change is cost-neutral as it is offset by the elimination of the
cumbersome reimbursement program of 68 cents per capita for
expenditures on books, periodicals, binding and nonprint materials.
In addition, the automation program aid formula -- which is currently
tied to the book reimbursement program -- is adjusted in 273(1)(d) to
ensure that the overall funding amount for automation program aid
remains the same.

Section 273(1)(f)(1) of the Education Law is amended to update the
existing "hold harmless" provision regarding state aid and population
changes. This amendment provides that no library shall receive less
in per capita Local Library Services Aid than it received in 2011.
This section is also amended to remove the limitation that the
Commissioner of Education may only grant waivers or variances from
minimum standards in the same year that there has been a reduction of
local library services aid.

Section 273(1)(h) of the Education Law is amended to expand the
Coordinated Outreach Services program to be the Coordinated Outreach
and Youth Services program. It increases the base grant each public
library system receives for this program from $43,000 to $65,000.
This change is cost-neutral as the funds for this increase come from
the elimination of two programs:
the $200,000 competitive adult literacy grant program and the $300,000
competitive family literacy grant program.

Section 273(7) of the Education Law is amended in order to streamline
the Conservation and Preservation of Library Research Materials
program. It increases the annual formula grant for the "Big Eleven"
Research Libraries from $126,000 to $158,000. This change is
cost-neutral.as it is offset by the elimination of the competitive
$350,000 coordinated conservation/preservation grant program for the
Big Eleven Research Libraries.

Section 273(11) of the Education Law is amended to update the existing
"hold harmless" provision regarding state aid and population
changes. The amendment provides that, beginning in calendar year 2012,
no library or library system will receive less aid than it would have


been eligible to receive in 2011 solely by reason of a decrease in
the population of the area served in accordance with the latest
federal census.

JUSTIFICATION:
This bill will consolidate, streamline and modernize a number of
existing library aid provisions in state law in order to help New
York's network of state-supported library systems and libraries
better meet the needs of 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. The changes
accomplished by this 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 to Section 273 of the Education Law will
streamline and update several outdated aid formulas. The proposed
legislation will eliminate three different statewide competitive
grant programs and shift these State funds into formula aid programs
with similar purposes. Each of these three competitive grant programs
are under-funded compared to the need, and annually benefit only
relatively small numbers of libraries. In addition, the State's
administrative requirements for competitive grant programs have
become increasingly stringent, with multiple and costly layers of
review and approvals. These costly 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 redirected into similar
statutory formula programs in order to continue to address what are
still areas of critical need. 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.

The effective date of the elimination of the adult and family literacy
grant programs, and the Coordinated Conservation/Preservation Grant
Program, are delayed, since these programs are currently operating on
a multi-year cycle.


The bill would also update the "hold harmless" provisions which had
been previously enacted to protect libraries and library systems from
the loss of State funding due to Census changes. Some state aid
programs fund libraries on a per capita basis, and a relatively small
percentage of libraries would be unduly affected by a loss of state
aid resulting from population losses.

FISCAL IMPLICATIONS:
The bill is estimated to result in administrative
savings to the State Library of some $50,000 by eliminating a few
competitive grant programs which are costly to administer, especially
in relation to the small amount of moneys provided under these
programs. The changes to the library aid programs themselves are
fiscally neutral, as increases in certain programs are offset by the
elimination of other programs.

EFFECTIVE DATE:
This act shall take effect
immediately and shall be
deemed to have been in full force and effect as of April 1, 2012,
except that the changes to the adult and family literacy grant
programs shall take effect April 1, 2013, and the changes to the
competitive Coordinated Conservation/Preservation Grant Program shall
take effect April 1, 2014.

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                    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

S. 7237                             2

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.

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