N.Y. Education Law § 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.