2006 New York Code - 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  inmates  of  state
  institutions under the direction, supervision or control  of  the  state
  department of correction, 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  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. Such
  waiver may be granted only one time to each  public  library  system  or
  central  library  within five calendar years. The commissioner may grant
  such waiver for a period of up to two 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.
    * NB Repealed January 1, 2011
    * (4)  A  "local  sponsor"  shall  mean  any municipality, district or
  school district, as  defined  in  the  general  municipal  law,  or  any
  combination thereof.
    * NB Repealed January 1, 2011
    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.