S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    92
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. QUART, SOLAGES, OTIS -- read once and referred to
   the Committee on Libraries and Education Technology
 
 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 9 to read as follows:
   9.  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.
                                                            LBD01312-01-1

 A. 92                               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-THREE.  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.