NY Educ L § 272 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 2 - Libraries 272 - Conditions Under Which Library Systems Are Entitled to State Aid.

§ 272. Conditions  under  which  library systems are entitled to state aid.  1. Public library systems. a. The term "public library system"  as used in this article means:  (1) A library established by one or more counties.  (2)  A  group  of  libraries  serving  an  area  including one or more counties in whole or in part.  (3) A library of a city containing one or more counties.  (4) A cooperative library system established pursuant to  section  two hundred  fifty-five  of this chapter, the plan of library service of any of which shall have been approved by the commissioner.   b. The "area served" by a public library system for  the  purposes  of this  article  shall  mean  the  area  which  the  public library system proposes to serve in its approved plan of service.  In  determining  the population  of  the  area  served  by  the  public  library  system  the population shall be deemed to be that shown by the latest federal census for the political subdivisions in the area served. Such population shall be certified in the same manner as provided by section fifty-four of the state  finance  law  except  that  such  population  shall  include  the reservation and school Indian population and incarcerated individuals of state  institutions  under  the direction, supervision or control of the state department of corrections and  community  supervision,  the  state department of mental hygiene and the state department of social welfare. In  the  event  that any of the political subdivisions receiving library service are included within a larger political subdivision  which  is  a part  of  the public library system the population used for the purposes of computing state aid shall be the population of the  larger  political subdivision,  provided  however,  that  where  any political subdivision within a larger political subdivision shall have taken an interim census since the last census taken of the  larger  political  subdivision,  the population  of  the  larger  political  subdivision  may  be adjusted to reflect such interim census and, as so adjusted, may be used  until  the next  census of such larger political subdivision. In the event that the area served  is  not  coterminous  with  a  political  subdivision,  the population of which is shown on such census, or the area in square miles of  which  is  available from official sources, such population and area shall be determined,  for  the  purpose  of  computation  of  state  aid pursuant  to  section two hundred seventy-three of this part by applying to  the  population  and  area  in  square  miles  of   such   political subdivision,  the  ratio  which exists between the assessed valuation of the portion of such  political  subdivision  included  within  the  area served and the total assessed valuation of such political subdivision.   c.  Members  of  a  public  library system shall be those public, free association, and Indian libraries located within the service area  which have  been  admitted to membership prior to July first, nineteen hundred seventy-eight, or which apply for and are granted membership  subsequent to  that  date  with the approval of the commissioner. No public library system shall be subject to any loss of benefits under  these  provisions where  such  system has made reasonable effort to prevent the unapproved withdrawal of such library from the system and the system  demonstrates, in  a manner satisfactory to the commissioner, that the residents of the area encompassed by the withdrawing library  will  continue  to  benefit from the library services provided by the public library system.   d.  "Approved  plan"  as  used in this article means a plan of library service  by  a  public  library  system  approved  by  the  commissioner subsequent to May first, nineteen hundred fifty-eight.   e.  Approval  shall  not be given to a public library system unless it will serve at least two hundred thousand people or four thousand  square miles of area, provided, however, that provisional approval may be given  to  a  public  library  system  which will serve at least fifty thousand persons provided the  area  served  includes  three  or  more  political subdivisions  and provided further that a satisfactory plan of expansion of service to be followed during the ensuing five-year period is adopted by such library system and approved by the commissioner.   f.  The board of trustees of the public library system shall submit to the commissioner the  plan  of  library  service.  Such  plan  shall  be supported  by  such  information  as the commissioner may require in the form prescribed by him.   g.  No  such  plan  of  library  service  shall  be  approved  by  the commissioner  unless  he finds that it provides for the residents of the area served thereby a  method  conforming  to  the  regulations  of  the commissioner  by  which  the  participating  libraries  are obligated to permit the loan of books and material among members of  the  system  for use  on  the  same basis permitted by the library which owns or controls them.   h. The commissioner  shall  by  regulation  provide  the  standard  of service  with  which  such  a  public  library  system must comply. Such regulations shall, among other things, relate to the total  book  stock; the  diversity  of  such book stock with respect to general subjects and type of literature, provided that such regulations shall  not,  directly or  indirectly,  prohibit the inclusion of a particular book, periodical or material or the works of a particular author or the expression  of  a particular point of view; annual additions to book stock; circulation of book  stock; maintenance of catalogues; number and location of libraries or branch libraries; hours of operation and number and qualifications of personnel, necessary  to  enable  a  public  library  system  to  render adequate  service. Such regulations may establish standards which differ on the basis of population; density of population; the actual  valuation of the taxable property within the area served; the condition of library facilities  in  existence  on April first, nineteen hundred fifty-seven; the amount raised by taxation by or for the area served; the relation of such amount to population and actual value of the  property  taxed;  the relation  of the amount of funds received by a public library sytem from local taxes to that derived from private contributions; or on such other basis as the commissioner finds necessary to provide for  the  equitable distribution of state aid.   i.  Each  public  library  system receiving state aid pursuant to this section  and  section  two  hundred  seventy-three  shall  furnish  such information  regarding  its library service as the commissioner may from time to time require to discharge his duties under  such  sections.  The commissioner  may  at  any time revoke his approval of a plan of library service if he finds that the public library system operating under  such plan  no  longer  conforms  to  the  provisions  of  this section or the regulations promulgated by the commissioner hereunder; or, in  the  case of  provisional  approval,  if such library system no longer conforms to the agreement, plans or conditions upon which such provisional  approval was  based. In such case a public library system shall not thereafter be entitled to state aid pursuant to this section or  section  two  hundred seventy-three  unless  and  until  its  plan of library service is again approved by the commissioner.   j. (1) 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  calendar  year, it shall file any additional reporting schedules deemed necessary  by  the  commissioner  for  the  purpose  of determining  maintenance  of 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, exclusive 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 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 calendar year, it shall  file  any  additional  reporting schedules  deemed  necessary  by  the  commissioner  for  the purpose of determining 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 two of this paragraph,  if  the  commissioner  determines  that  the application of such subparagraphs 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.  The commissioner  may  grant  such  waiver  for  a  period  of  up  to three consecutive calendar years. The commissioner shall  report  any  waivers granted  under  this  subparagraph  to  the speaker of the assembly, the temporary president of the senate, the chairs of the legislative  fiscal committees and the director of the division of the budget.  (4)  A "local sponsor" shall mean any municipality, district or school district, as defined in the general municipal law,  or  any  combination thereof.   k.  In  promulgating  regulations and approving, rejecting or revoking plans of library service pursuant to this section,  consideration  shall be given to:  (1)  The  prevention  of unreasonable discrimination among the persons served by such public library system.  (2) The need for rapid expansion of library facilities  in  areas  not now served.  (3)  The  need  of  each  public  library  system for the professional services of an adequate number of  librarians  having,  in  addition  to general  familiarity  with  literature, special training with respect to book selection and organization for library use.  (4) The need for a book stock sufficient in size and  varied  in  kind and subject matter.  (5) The need for regular fresh additions to book stock.  (6) The need for adequate books, materials and facilities for research and information as well as for recreational reading.  (7)  The need for libraries, branches, and other outlets convenient in location, and with adequate hours of service.  (8) The desirability for the integration of existing libraries and new libraries into  systems  serving  a  sufficiently  large  population  to support adequate library service at a reasonable cost.  (9)  The  need  for  the  economic and efficient utilization of public funds.  (10) The need for full utilization  of  local  pride,  responsibility, initiative  and  support  of library service and the use of state aid in their stimulation but not as their substitute.  (11) The needs of special populations.   l. Each public library system shall provide access to the internet  in designated  libraries  located  within  their systems for the purpose of connecting residents of this state who are serving in  the  military  on active duty in a combat theater or combat zone of operations to spouses, domestic   partners,   children,  including  adopted,  step,  or  foster children, and parents, including those who stood in the relationship  of a parent to the serviceperson for one year or more, at any time prior to the serviceperson's entry into active military service.  (1)  Each  public  library  system  shall assign within its system six computer terminals with internet access for such use, and  shall  ensure that  each  county  within  its  system  has a library with at least one computer terminal for such use.  (2) Notwithstanding subparagraph one of this paragraph, in  a  library system  containing  a  city with a population of one hundred twenty-five thousand or more individuals, at least two terminals shall  be  assigned within  such  city  in a designated library or libraries that serve such city. Furthermore, in a city with a population of one million  or  more, there  shall  be  at least ten terminals assigned in any county which is wholly contained within such city.  (3) When determining which  libraries  are  to  be  assigned  computer terminals  for  such purpose, the system shall consider the location and current availability of computer terminals with internet access. In  the event  that within a public library system there are no libraries within a county that have a computer with  internet  access,  a  computer  with internet  access  shall  be  provided  by the department to the assigned library within such county. Furthermore, in public library systems  with fewer  than  six  counties,  when determining where additional terminals should be assigned after terminals  have  been  placed  in  each  county within  the  system  pursuant  to  subparagraphs  one  and  two  of this paragraph, such systems shall give  priority  to  libraries  that  serve areas  which  support  and  maintain military bases or to libraries that serve the largest populations.   2. Reference and research library resources systems.   a. The term "reference and research library resources system" as  used in this article means a duly chartered educational institution resulting from  the  association  of  a group of institutions of higher education, libraries, non-profit educational  institutions,  hospitals,  and  other institutions   organized  to  improve  reference  and  research  library resources service. Such reference and research library resource  systems may   be  registered  upon  meeting  the  standards  set  forth  by  the commissioner.    b. The "area served" by a reference  and  research  library  resources system  for  the  purposes  of  this article shall include not less than seven hundred fifty thousand persons, as based upon the latest  approved federal  census,  or  not  less  than ten thousand square miles; and the defined area of service shall:  (1) Include more than one county; and  (2)  Respect  the integrity of the area of service of a public library system; and  (3) Constitute a service area effectively related to the  availability of  information  resources  and  services  and to the area of service of other reference and research library resources systems, as determined by the commissioner.   c. Membership in a reference and research library resources system.  (1)  The  membership   shall   include   at   least   four   chartered degree-granting  institutions of higher education of the four year level whose libraries meet departmental standards.  (2) Membership shall also include either:  (i) at least  one  chartered  degree-granting  institution  of  higher education  offering graduate programs for a masters degree whose library holds not less  than  two  hundred  seventy-five  thousand  volumes  and currently receives not less than three thousand periodical titles, or  (ii)  a public library which holds not less than four hundred thousand adult volumes and currently receives not less  than  one  thousand  five hundred periodical titles.  (3) The membership may also include approved public and school library systems which are within the region served by the reference and research library resources system.  (4) A public library in Suffolk or Nassau county that provides service within  the area served by the system except that no such public library which is not a member of a public library system shall be  eligible  for membership in a reference and research library resources system.  (5)  A reference and research library resources system may set its own minimum standards for membership  consistent  with  regulations  of  the commissioner, except that;  (i)  any chartered institution of higher education whose library meets the departmental standards shall be eligible for membership, and  (ii) any chartered institution of higher education whose library  does not  meet  the departmental standards may not be eligible for membership unless it submits to the department a five-year plan for the realization of the standards, the plan bearing  the  signed  approval  of  the  head librarian, the president, and the academic dean of the institution, and  (iii)  any  hospital  whose library meets the standards established by the regents in accordance with section two hundred  fifty-four  of  this article shall be eligible for membership, and  (iv)   any   hospital  whose  library  does  not  meet  the  standards established by the regents will not be eligible for membership unless it submits to the commissioner a five year plan for the realization of  the standards,  such  plan  bearing  the  signed approval of the head of the governing board of such hospital.  (6) The member institutions of each  reference  and  research  library resources  system  shall  be  broadly  representative  of  the chartered educational  agencies,  nonprofit  organizations,  hospitals  and  other special  libraries  providing library service within the defined area of services of the system.   d. Plan of service.  (1) The reference and research library resources system shall submit a plan of service to the commissioner  for  approval,  in  a  form  to  be prescribed  by  the  commissioner  to  cover  resources, needs, proposed  program, budget, contractual agreements, and any other information which the commissioner may require.  (2)  The  plan  of service must show the manner in which the reference and research library resources system will improve the library resources and services presently available in the area to the research  community, including improved reader access.  (3)  The  plan  of  service  shall  indicate  the  manner in which the reference and research library resources system strengthens the  library programs  of  its  members and the manner in which the system program is related to appropriate regional programs in higher education.  (4) The plan of service shall identify the resources and needs of each hospital library, or library serving hospitals and show  the  manner  in which  the  reference and research library resources system will improve hospital library services and in which  it  will  assist  each  hospital library  which  does  not  meet  the  regents'  standards to attain such standards and will assist each non-member hospital  library  or  library serving a hospital to attain membership in the system.   e.  The  commissioner  shall  by  regulation establish the standard of service to be met by such a reference  and  research  library  resources system.   f.  Each  reference  and  research  library resources system receiving state aid pursuant to this section and section two hundred seventy-three of this article shall furnish such  information  regarding  its  library service  as  the commissioner may from time to time require to discharge his duties under such sections. The commissioner may at any time  revoke his  approval  of a plan of library service if he finds that the library system operating under such plan no longer conforms to the provisions of this  section  or  the  regulations  promulgated  by  the   commissioner hereunder.  In  such  case  a  library  system  shall  not thereafter be entitled to state aid pursuant to this section and section  two  hundred seventy-three  of  this  article  unless  and  until its plan of library service is again approved by the commissioner.   g. In promulgating regulations and approving,  rejecting  or  revoking plans  of  library service pursuant to this section, consideration shall be given to:  (1) The prevention of unreasonable discrimination  among  the  persons served by such library system;  (2)  The  need for regional resources of sufficient size and varied in kind and subject matter;  (3) The need for adequate books, materials (print and  non-print)  and facilities for research and information;  (4)  The need for outlets convenient in time and place for the sharing of library materials;  (5) The need for the economic  and  efficient  utilization  of  public funds;  (6)  The need for full utilization of local responsibility, initiative and support of library service  and  the  use  of  state  aid  in  their stimulation but not as their substitute.  (7)  The  need for adequate books, materials, including both print and non-print materials, and  facilities  for  current  medical  information services to be provided each hospital.