2023 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.