N.Y. Education Law § 273: Apportionment of state aid to libraries and library systems

§ 273. Apportionment of state aid to libraries and library systems. 1.

Any public library system providing service under an approved plan

during a calendar year shall be entitled to receive during that calendar

year state aid consisting of the following amounts:

a. An annual grant of:

(1) Ten thousand dollars where the library system serves less than one

county, or

(2) Twenty thousand dollars where the library system serves one entire

county, or

(3) Where the library system serves more than one county the system

shall be entitled to receive twenty-five thousand dollars for each

entire county served and/or ten thousand dollars for each county, any

part of which is served by the library system. If an entire county is

served by two or more library systems, each of which serves a part

thereof, each of such library systems shall be entitled to receive a

grant of ten thousand dollars and in addition, a pro rata share of an

additional sum of ten thousand dollars, such share to be computed in

accordance with the ratio which the population of the area of the county

served by such library system bears to the total population of the

county, as determined under subdivision one of section two hundred

seventy-two of this article.

b. In a library system which submits a plan for further development of

and access to central library services, which plan shall be approved by

the commissioner pursuant to the commissioner's regulations, the amount

of central library services aid shall be:

(1) thirty-two cents per capita of the population within the chartered

area of service of such library system with a minimum amount of one

hundred five thousand dollars, and

(2) an additional seventy-one thousand five hundred dollars.

(3) Ownership of library materials and equipment purchased with such

central library services aid provided by this paragraph shall be vested

in the public library system.

c. The sum of one dollar and sixty-two cents per capita of population

of the area served.

d. Each public library system with an automation program to support

bibliographic control and interlibrary sharing of information resources

of member libraries, and to coordinate and integrate the automated

system or systems of such member libraries consistent with regulations

of the commissioner, shall be eligible to receive an amount equal to two

and nine hundred thirty-eight thousandths percent of the amount earned

in paragraph (c) of this subdivision, or seventy-six thousand five

hundred dollars, whichever is more.

e. The sum of fifty-two dollars per square mile of area served by the

library system in the case of library systems serving one county or

less. Such sum shall be increased by five dollars for each additional

entire county served, provided, however, that no apportionment pursuant

to this paragraph shall exceed seventy-two dollars per square mile of

area served. If an entire county is served by two or more library

systems, each of which serves a part thereof, each of such library

systems shall be entitled to receive, in addition to the aid computed in

accordance with the foregoing provisions of this paragraph, a pro rata

share of an increase of five dollars to be computed as follows: the sum

resulting from the computation of five dollars per square mile of area

served by the one of such library systems which would receive the

largest amount of aid pursuant to this paragraph shall be pro rated

among the library systems serving such county in accordance with the

ratio which the population of the area served by each of such library

systems bears to the population of the county as determined under

subdivision one of section two hundred seventy-two of this article.

f. (1) Local library services aid. Except in cities with a population

in excess of one million inhabitants, each chartered and registered

public and free association library meeting standards of service

promulgated by the commissioner, and each public or free association

library serving a city with a population of one hundred thousand or more

which merged with the public library system on or before January first,

nineteen hundred seventy-six and which meets standards of service

promulgated by the commissioner, shall be eligible to receive annually

thirty-one cents per capita of the population of the library's chartered

service area as on file with the commissioner on January first of the

calendar year for which aid is payable, or, thirty-one cents per capita

of the population of the city with a population of one hundred thousand

or more whose public or free association library merged with the public

library system on or before January first, nineteen hundred seventy-six,

with a minimum amount of one thousand five hundred dollars, except that

no library shall receive less than the amount of local library services

aid received in two thousand one. Regulations of the commissioner shall

provide a method for establishing changes in chartered service areas or

determining populations thereof. Local library services aid shall be

paid to the system for distribution within thirty days of receipt to its

member libraries in accordance with this subdivision. Notwithstanding

any contrary provisions of this subparagraph, the commissioner shall

establish procedures under which a public or free association library

may apply for a waiver of the requirements of the standards of service;

provided, however, that any such waivers may only be granted in the same

year in which the commissioner has apportioned a reduction adjustment.

(2) Local services support aid. Except in cities with a population in

excess of one million inhabitants, each public library system operating

under an approved plan of service shall be eligible to receive annually

local services support aid equal to two-thirds of the total dollar

amount paid in local library services aid to the member libraries of the

system plus thirty-one cents per capita of the system's population who

do not reside within the chartered service area of a member library.

(3) Local consolidated systems aid. In cities with a population in

excess of one million inhabitants, each public library system operating

under an approved plan of service shall be eligible to receive annually

local consolidated system aid equal to the sum of (i) thirty-one cents

per capita of the population served by the system, but not less than the

amount of local library incentive aid received in nineteen hundred

ninety-one as reported on the library's nineteen hundred ninety-one

annual report; and (ii) an additional amount equal to two-thirds of the

total dollar amount computed for the system pursuant to clause (i) of

this subparagraph.

g. In addition to the sums otherwise provided in paragraphs a, b, c,

d, e, f, h and i of this subdivision, the New York Public Library shall

receive six million four hundred sixteen thousand six hundred dollars

for the general support of its research libraries. In addition to any

other sums provided to such library, the sum of two million dollars

shall be payable annually to the New York Public Library for the general

support of library services provided by the New York Public Library to

the students of the City University of New York and the sum of one

million dollars shall be payable annually to the New York Public Library

for the general support of its science, industry and business library.

h. (1) Coordinated outreach services. Each public library system which

provides coordinated outreach services, as defined by regulations to be

promulgated by the commissioner, to persons who are educationally

disadvantaged or who are members of ethnic or minority groups in need of

special library services, or who are unemployed and in need of job

placement assistance, or who live in areas underserved by a library, or

who are blind, physically disabled, have developmental or learning

disabilities, or who are aged or confined in institutions, or who are

at-risk youth from birth to age twenty-one, shall be entitled to receive

annually forty-three thousand dollars and thirteen cents per capita of

the total population of the area served.

(2) In addition, each system serving a population of two million

inhabitants or more shall receive an additional amount of forty-six

thousand three hundred thirty-three dollars and each system serving a

population of four hundred thousand inhabitants and less than two

million inhabitants shall receive an additional amount of twenty-three

thousand dollars and each system serving a population of less than four

hundred thousand inhabitants shall receive an additional amount of

fourteen thousand dollars.

i. In addition to any other sums provided for such purposes, the New

York Public Library shall receive annually the sum of seven hundred

thirty-four thousand dollars for the program of the Schomburg center for

research in black culture, and the additional sum of nine hundred

eighty-four thousand dollars for the program of the library for the

blind and physically handicapped.

j. In addition to any other sums provided to such library, the sum of

two hundred fifty thousand dollars shall be paid annually to the New

York Historical Society for making its library services available to the

public.

k. In addition to any other sums provided to such library the sum of

three hundred fifty thousand dollars shall be payable annually to the

Brooklyn Public Library for its business library for each calendar year.

l. In addition to any other sums provided to such library, the sum of

fifty thousand dollars shall be payable annually to the Buffalo and Erie

County Public Library for a continuity of service project approved by

the commissioner for each calendar year.

m. In addition to any other sums provided to such library system, the

sum of thirty thousand dollars shall be payable annually to the Nassau

library system for a continuity of service project approved by the

commissioner for each calendar year.

n. The minimum annual grant available to a library system under

paragraphs a, c and e of this subdivision shall be six hundred

seventy-five thousand dollars.

2. Within the amounts appropriated therefor moneys paid out pursuant

to this section shall be paid out of the state treasury on vouchers

certified by the commissioner after audit by and upon the warrant of the

comptroller.

3. The commissioner may waive the requirement that a public library

system serve an entire county to earn the maximum annual grant under

subparagraphs two and three of paragraph a of subdivision one of this

section and paragraphs b, c, e and h of subdivision one of this section

where the commissioner deems reasonable effort has been made by the

system to encourage membership by all libraries in the county.

4. Reference and research library resources system. a. (1) Any

reference and research library resources system providing service under

an approved plan during a calendar year shall be entitled to receive

annual state aid consisting of an annual grant of:

(i) Two hundred seventy thousand dollars plus the sum of one dollar

and fifty cents per square mile of area served plus the sum of six cents

per capita of the population of the area served; and

(ii) Two hundred thousand dollars plus the sum of two cents per capita

of the population of the area served.

(2) Each system may annually appropriate funds received under this

subdivision to obtain matching funds from the National Endowment for the

Humanities and other federal programs.

(3) The annual amount payable to each approved system under this

paragraph shall be payable on or before July first, provided that, upon

receipt of annual system activity reports satisfactory to the

commissioner, the commissioner shall determine the amount of any under-

or overpayments and shall apply such adjustment to the next annual

payment due such system.

b. The commissioner is hereby authorized to expend up to five hundred

six thousand dollars annually in each state fiscal year to provide

formula grants to approved reference and research library resources

systems for provision of consumer health and medical information

services for all types of libraries and library systems. Such grants

shall assist libraries in providing access to timely and accurate

medical and health information for medical personnel and for the general

public. In addition to any other sum provided in this subdivision, each

reference and research library resources system providing service under

an approved plan with a consumer health and medical library information

services program for all types of libraries and library systems shall be

eligible to receive an annual formula grant. Such formula grants shall

be determined on the basis of criteria to be prescribed by the

commissioner. The commissioner shall provide the annual amount payable

to each approved system under this paragraph in the following manner:

(1) Funds shall be available to each reference and research library

resources system in such manner as to insure that the ratio of the

amount each system is eligible to receive equals the weighted ratio of

the total number of institutions as defined in subparagraph two of this

paragraph in the region served by the system to the total number of such

institutions in the state.

(2) For the purposes of determining the amount of funds available to

each system, institutions and their weightings are as follows:

(i) not-for-profit hospitals licensed by the New York state health

department, with a weighting of two;

(ii) for-profit teaching hospitals licensed by the New York state

health department, with an additional weighting of one; and

(iii) member institutions of a reference and research library

resources system, excluding public and hospital libraries, with a

weighting of one.

c. (1) The commissioner is hereby authorized to expend up to one

million three hundred ninety-six thousand dollars in each state fiscal

year to provide formula grants to approved reference and research

library resources systems for provision of services to member hospital

libraries in not-for-profit hospitals licensed by the New York state

health department, or to member libraries serving such hospitals. Such

formula grants shall be determined on the basis of criteria to be

developed by the commissioner and shall assist member hospital libraries

or member libraries serving hospitals in meeting the standards

established by the regents in accordance with section two hundred

fifty-four of this article. Such formula grants shall support

integration of member hospital libraries or member libraries serving

hospitals into existing networks.

(2) The commissioner shall provide grants to the reference and

research library resources systems in the following manner:

(a) an amount equal to seventy-five cents per square mile of area

served by the reference and research library resource system in

furtherance of the purposes of this paragraph, and

(b) the remainder for library services to hospitals in accordance with

regulations of the commissioner adopted for such purpose.

5. Coordinated collection development program for public and nonprofit

independent colleges and universities.

a. Libraries of public and nonprofit independent colleges and

universities are entitled to receive annual funding for a coordinated

collection development grant if they meet the following conditions:

(1) Membership in a reference and research library resources system,

(2) Their resources are made available to the public, through full

participation in the interlibrary loan and other resource sharing

programs of the reference and research library resources system of which

they are members, and

(3) They meet the requirements set forth in regulations adopted by the

commissioner including but not confined to

(a) maintenance of effort,

(b) relationships between reference and research library resources

systems' programs and the regional higher education master plan,

(c) submission of interlibrary loan statistics, and such other reports

as may be required by the commissioner.

b. Public and nonprofit independent colleges and universities with

libraries which meet the criteria of paragraph a of this subdivision are

eligible for annual grants as follows:

(1) Four thousand four hundred dollars for each institution, and

(2) One dollar and four cents for each full-time equivalent student

enrolled in each qualifying institution, in the academic year completed

prior to the state fiscal year. For purposes of this section, a

full-time equivalent shall be calculated as follows:

(i) one full-time undergraduate student shall be considered one

full-time equivalent student;

(ii) one part-time undergraduate student shall be considered one-third

of a full-time equivalent student;

(iii) one part-time graduate student shall be considered one full-time

equivalent student; and

(iv) one full-time graduate student shall be considered one and

one-half of a full-time equivalent student.

c. Funds for the support of this program shall be appropriated to the

department, except that funds for the state-operated institutions of the

state university of New York and the senior colleges of the city

university of New York, shall be appropriated to the state university of

New York out of any moneys in the state treasury in the general fund to

the credit of the state purposes fund not otherwise appropriated, and

funds shall be appropriated to the city university of New York out of

any moneys in the state treasury in the general fund to the credit of

the local assistance fund not otherwise appropriated, and shall be

subject to the same distribution formula as provided in paragraph b of

this subdivision.

6. Conservation and preservation of library research materials. a.

The commissioner shall award in any academic year, an annual formula

grant of one hundred fifty-eight thousand dollars for a program of

conservation and/or preservation of library research materials to each

of the following comprehensive research libraries: Columbia university

libraries, Cornell university libraries, New York state library, New

York university libraries, university of Rochester libraries, Syracuse

university libraries, the research libraries of the New York public

library, state university of New York at Albany library, state

university of New York at Binghamton library, state university of New

York at Buffalo library, and state university of New York at Stony Brook

library.

b. To be eligible for such formula grants, each such comprehensive

research library must submit both a five-year plan and an annual program

budget. The plan must satisfy criteria to be established by the

commissioner in regulations relating to the identification of library

research materials, the need for their preservation, and the means of

their conservation.

c. Other agencies and libraries, as defined in regulations promulgated

by the commissioner, which are not eligible for funding under paragraph

a of this subdivision, may receive separate grants the sum of which

shall not exceed five hundred thousand dollars in any academic year to

support the preservation and/or conservation of unique library research

materials. Such agencies and libraries shall submit project proposals.

Approval of such project proposals, and determination of funding level,

shall be based upon, but not limited to, factors such as: the research

value of materials to be preserved and/or conserved; appropriateness of

conservation and preservation techniques in accordance with statewide

planning and national standards; institutional capacity for successful

completion of the project, including facilities, experience, and

technical expertise; availability of staff with appropriate training and

expertise; contribution of the institution to the project in matching

funds and staff resources; and the volume of interlibrary lending and

access to holdings by the public. Ninety percent of each such grant

shall be payable upon approval by the department and the remaining ten

percent shall be payable upon project completion.

d. Funds made available under the provisions of this section may be

used by comprehensive research libraries and other agencies eligible for

funding to obtain matching funds from the national endowment for the

humanities preservation program and other federal programs.

e. The commissioner shall establish an office for coordination of

conservation and/or preservation of library research materials to

identify the conservation and/or preservation needs of libraries within

the state, to assess the technology available for such conservation and

preservation, and to coordinate the conservation and preservation

efforts resulting from this legislation.

7. New York state talking book and braille library. The New York state

talking book and braille library shall be entitled to receive annually

an amount equal to the product of the aid ceiling multiplied by the

number of registered borrowers of such materials of such library as of

the November report for the November immediately preceding the state

fiscal year for which the payment will be made. Such amount shall be

used to improve the quality of services provided to such borrowers. For

aid payable in each state fiscal year, the aid ceiling per registered

borrower shall be nineteen dollars. Notwithstanding any other provision

of law, the New York state talking book and braille library shall be the

successor in interest to the New York state library for the blind and

visually handicapped for all purposes, or the library for the blind and

physically handicapped, and the change in name shall not affect the

rights or interests of any party. Except where the context indicates a

contrary intent, any reference in any other general or special law to

the New York state library for the blind and visually handicapped or the

library for the blind and physically handicapped shall be deemed a

reference to the New York state talking book and braille library.

8. State aid for a coordinated program of library and archival

services at The Center for Jewish History, Inc. a. In addition to any

other sums provided to The Center for Jewish History, Inc., the

commissioner shall award in any state fiscal year an annual grant of two

hundred thousand dollars for a coordinated program of library and

archival services that will increase public access to the library and

archival collections of The Center for Jewish History, Inc. and its

member institutions.

b. The Center for Jewish History, Inc. is hereby admitted to the

University of the State of New York and shall, as a condition of

continued receipt of aid, maintain such status in accordance with

regulations of the commissioner. Such regulations may include submission

of a five-year plan and annual program budget.

9. State aid for summer reading programs. The commissioner is hereby

authorized to expend the funds of the love your library fund,

established in section ninety-nine-l of the state finance law, which

shall provide grants for participation in statewide summer reading

programs as coordinated by the state library to public library systems

on the basis of criteria to be developed by the commissioner. Upon a

determination by the commissioner that there is adequate revenue

available for a grant program in the upcoming fiscal year, grants shall

be awarded as follows:

a. sixty percent of the funds appropriated pursuant to this section

shall be made available to public library systems for use by member

libraries by the commissioner in such manner as to insure that the ratio

of the amount received within each system to the whole of the aid made

available pursuant to this paragraph is no greater than the ratio of the

population served by such system to the population of the state; and

b. forty percent of the funds appropriated pursuant to this section

shall be made available to library systems for use by their member

libraries within each system by the commissioner in such manner as to

insure that an equal amount is received within each system in the state.

10. Notwithstanding any other provision of law to the contrary, each

year commencing with the two thousand six calendar year, no library or

library system shall receive less aid pursuant to this section or

section two hundred seventy-one or two hundred seventy-two of this part

than it would have been eligible to receive for the two thousand one

calendar year solely by reason of a decrease in the population of the

area served as a result of the latest approved federal census.

11. The commissioner is hereby authorized to expend funds annually for

formula grants to public library systems, reference and research library

resources systems, and school library systems operating under an

approved plan of service. Such formula grants shall be provided for the

period commencing July first and ending on June thirtieth next

following. Such formula grants will be distributed in the following

manner:

a. Each public library system established pursuant to sections two

hundred fifty-five and two hundred seventy-two of this part and

operating under a plan approved by the commissioner is entitled to

receive annually thirty-nine thousand dollars and an amount equal to ten

and ninety-four hundredths percent of the amount of state aid received

for the current year by such system under paragraphs a, c, d, e and n of

subdivision one of this section;

b. Each reference and research library resources system established

pursuant to section two hundred seventy-two of this part and operating

under a plan approved by the commissioner is entitled to receive

annually thirty-nine thousand dollars and an amount equal to ten and

ninety-four hundredths percent of the amount of state aid received for

the current year under clause (i) of subparagraph one of paragraph a of

subdivision four of this section; and

c. Each school library system established pursuant to section two

hundred eighty-two of this part and operating under a plan approved by

the commissioner is entitled to receive annually thirty-nine thousand

dollars and an amount equal to ten and ninety-four hundredths percent of

the amount of state aid received for the current year by such system

under paragraphs a, b, c, d, e and f of subdivision one of section two

hundred eighty-four of this part.