Senate Bill S5374

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5374
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 conducting a study  on
   the  access  of  state public libraries and library systems to capital
   funding

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 273-a of the education law is amended by adding a
 new subdivision 8 to read as follows:
   8. THERE SHALL BE A STUDY CONDUCTED RELATING TO THE  ACCESS  OF  STATE
 PUBLIC LIBRARIES AND LIBRARY SYSTEMS TO CAPITAL FUNDING.
   A.  THE  DEPARTMENT, IN CONSULTATION WITH THE DORMITORY AUTHORITY, THE
 OFFICE OF THE STATE COMPTROLLER, AND THE PUBLIC LIBRARY SYSTEMS  OF  THE
 STATE,  SHALL  ASSESS  AND  REPORT  ON  THE CAPITAL NEEDS OF SUCH PUBLIC
 LIBRARY SYSTEMS, INCLUDING PUBLIC LIBRARIES AND  ASSOCIATION  LIBRARIES.
 SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (1)  IDENTIFICATION  OF  CURRENT  OPTIONS  AVAILABLE  TO LIBRARIES AND
 LIBRARY SYSTEMS FOR FINANCING CAPITAL PROJECTS;
   (2) THE PROJECTED CAPITAL NEEDS OF LIBRARIES AND LIBRARY SYSTEMS  OVER
 A FIVE YEAR PERIOD;
   (3)  IDENTIFICATION  OF  ALTERNATIVE OPTIONS FOR LIBRARIES AND LIBRARY
 SYSTEMS TO FINANCE CAPITAL PROJECTS;
   (4) INFORMATION RELATED TO DORMITORY  AUTHORITY  FINANCING  OF  PUBLIC
 LIBRARIES AND PUBLIC LIBRARY SYSTEMS IN THE PAST TEN YEARS INCLUDING BUT
 NOT LIMITED TO: THE TOTAL NUMBER OF PUBLIC LIBRARIES AND LIBRARY SYSTEMS
 THAT  HAVE APPLIED FOR DORMITORY AUTHORITY FINANCING; WHAT PERCENTAGE OF
 PUBLIC LIBRARIES AND LIBRARY SYSTEMS ARE DENIED FUNDING FROM THE  DORMI-
 TORY  AUTHORITY  AND THE REASONS FOR SUCH DENIALS; THE TOTAL COST OF THE
 PROPOSED PROJECTS; AND THE AMOUNT OF FINANCING PROVIDED FOR THE PROJECTS
 AND THE NUMBER OF PROJECT APPLICATIONS SUBMITTED EACH YEAR;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01426-01-9
              

 S. 5374                             2
 
   (5) IDENTIFICATION OF SPECIAL NEEDS, BARRIERS TO  ACCESSING  FINANCING
 AND  OPTIONS FOR FINANCING FOR PUBLIC LIBRARIES SERVING COMMUNITIES WITH
 POPULATIONS OF LESS THAN SEVENTY-FIVE HUNDRED; AND
   (6)  RECOMMENDATIONS  FOR THE IMPROVEMENT OF ACCESS TO CAPITAL FUNDING
 FOR PUBLIC LIBRARIES AND LIBRARY SYSTEMS.
   B. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL  BE
 DEFINED AS FOLLOWS:
   (1)  "PUBLIC  LIBRARY"  SHALL  MEAN ANY PUBLIC OR ASSOCIATION LIBRARY,
 OTHER THAN A PROFESSIONAL, TECHNICAL OR PUBLIC  SCHOOL  LIBRARY,  ESTAB-
 LISHED  FOR FREE PUBLIC PURPOSES BY OFFICIAL ACTION OF A MUNICIPALITY OR
 DISTRICT OR THE LEGISLATURE, WHERE THE WHOLE  INTERESTS  BELONG  TO  THE
 PUBLIC;  THE  TERM  "ASSOCIATION  LIBRARY"  SHALL BE CONSTRUED TO MEAN A
 LIBRARY ESTABLISHED AND CONTROLLED, IN WHOLE OR IN PART, BY A  GROUP  OF
 PRIVATE  INDIVIDUALS  OPERATING AS AN ASSOCIATION, CLOSED CORPORATION OR
 AS TRUSTEES UNDER THE PROVISIONS OF A WILL OR DEED  OF  TRUST;  AND  THE
 TERM "FREE" AS APPLIED TO A LIBRARY SHALL BE CONSTRUED TO MEAN A LIBRARY
 MAINTAINED FOR THE BENEFIT AND FREE USE ON EQUAL TERMS OF ALL THE PEOPLE
 OF THE COMMUNITY IN WHICH THE LIBRARY IS LOCATED.
   (2) "PUBLIC LIBRARY SYSTEM" SHALL MEAN:
   (I) A LIBRARY ESTABLISHED BY ONE OR MORE COUNTIES.
   (II)  A GROUP OF LIBRARIES SERVING AN AREA INCLUDING ONE OR MORE COUN-
 TIES IN WHOLE OR IN PART.
   (III) A LIBRARY OF A CITY CONTAINING ONE OR MORE COUNTIES.
   (IV) A COOPERATIVE LIBRARY SYSTEM ESTABLISHED PURSUANT TO SECTION  TWO
 HUNDRED  FIFTY-FIVE  OF THIS PART, THE PLAN OF LIBRARY SERVICE OF ANY OF
 WHICH SHALL HAVE BEEN APPROVED BY THE COMMISSIONER.
   C. THE STUDY REQUIRED BY THIS SUBDIVISION SHALL BE COMPLETED BY  JANU-
 ARY FIRST, TWO THOUSAND TWENTY-ONE.  THE FINDINGS OF SUCH STUDY SHALL BE
 PROVIDED  TO  THE  GOVERNOR,  THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEMBLY LIBRARIES AND  EDUCA-
 TION  TECHNOLOGY COMMITTEE, AND THE CHAIR OF THE SENATE SELECT COMMITTEE
 ON LIBRARIES.  THE FINDINGS OF SUCH STUDY SHALL ALSO BE  POSTED  ON  THE
 NEW YORK STATE LIBRARY'S WEBSITE.
   §  2.  This  act shall take effect immediately, provided, however that
 the amendments to section 273-a of the education law made by section one
 of this act shall not affect the expiration of such section and shall be
 deemed repealed therewith.