Assembly Bill A762

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

                                   762

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. GIBSON, STEVENSON, CAHILL -- Multi-Sponsored by
  -- M. of A. HOOPER, SCHIMEL -- read once and referred to the Committee
  on Libraries and Education Technology

AN ACT to amend the executive law,  in  relation  to  requiring  library
  collections  in  all  youth  centers  or facilities for detention; and
  making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 513-a
to read as follows:
  S 513-A. LIBRARIES. 1. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE
CONTRARY, THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, IN CONSULTA-
TION  WITH THE BOARD OF REGENTS AND THE COMMISSIONER OF EDUCATION, SHALL
ESTABLISH AND MAINTAIN LIBRARIES IN ALL YOUTH CENTERS OR FACILITIES  FOR
DETENTION  AS  DEFINED  IN SECTIONS FIVE HUNDRED TWENTY-SEVEN-A AND FIVE
HUNDRED TWO OF THIS ARTICLE, AND DETENTION FACILITIES DESIGNATED  PURSU-
ANT  TO SECTIONS SEVEN HUNDRED TWENTY-FOUR AND 305.2 OF THE FAMILY COURT
ACT. THE CONTENT OF SUCH HOLDINGS  SHALL  CONFORM  TO  THE  FREE  PUBLIC
LIBRARY  PROVISIONS  OF  PART  TWO OF ARTICLE FIVE OF THE EDUCATION LAW.
ACCESS TO LIBRARY BOOKS BY DETAINEES SHALL  NOT  BE  INFRINGED  BY  SUCH
TEMPORARY  YOUTH  DETENTION  FACILITY  RULES  AND  REGULATIONS REGARDING
PUNISHMENT OF DETAINEES.
  2. DEVELOPING  AND  MAINTAINING  LIBRARIES  IN  SUCH  TEMPORARY  YOUTH
DETENTION  FACILITIES  AS  PROVIDED  IN  SUBDIVISION ONE OF THIS SECTION
SHALL BE CONSIDERED PART OF CARE, MAINTENANCE, AND SUPERVISION  EXPENSES
DESCRIBED AND INCLUDED IN THE REIMBURSEMENT FORMULAE PROVIDED IN SECTION
FIVE HUNDRED THIRTY OF THIS ARTICLE.
  3.  THE  COMMISSIONER  OF CHILDREN AND FAMILY SERVICES AND THE COMMIS-
SIONER OF EDUCATION SHALL  REPORT,  INCLUDING  RECOMMENDATIONS,  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01997-01-3
              

A. 762                              2

GOVERNOR  AND  THE  LEGISLATURE  ON THE STATUS OF SUCH LIBRARIES IN SUCH
COMMISSIONERS' ANNUAL REPORTS.
  S  2.  The sum of two million dollars ($2,000,000), or so much thereof
as may be necessary, is hereby appropriated out of  any  moneys  in  the
state  treasury in the general fund to the credit of the office of chil-
dren and family services, not otherwise appropriated for the purposes of
carrying out the provisions of this act. Such sum shall  be  payable  on
the  audit and warrant of the state comptroller on vouchers certified or
approved by the commissioner of children and family  services,  or  such
commissioner's  duly designated representative in the manner provided by
law.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective  date;  provided, further, that such libraries shall be in use
on or before one year of the effective date of this act.