S2857-2013 Actions

• Feb 27, 2013: PRINT NUMBER 2857A
• Feb 27, 2013: AMEND (T) AND RECOMMIT TO EDUCATION
• Jan 24, 2013: REFERRED TO EDUCATION

S2857-2013 Memo

BILL NUMBER:S2857

TITLE OF BILL:  An act to amend the education law, in relation to state
aid to libraries and library systems

PURPOSE:  To provide some flexibility to libraries and library systems
during periods of reduced funding for libraries.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends 272(1)(j) of the Education Law to provide
that, if state funds appropriated for library aid are less than 85% of
the statutory formula amounts, the financial penalties for failing to
meet the local maintenance of effort requirements would be waived.
Section 2 of this bill adds a new paragraph (m) to 272(1) of the Educa-
tion Law. This new paragraph provides that, if state funds appropriated
for library aid are less than 85% of the statutory formula amounts, then
the Education Commissioner may waive the requirements of the following
programs upon request by a library system: 273(4)(b) regarding Medical
Information Services Program Aid; 273(4)(c) regarding Hospital Library
Services Aid; 273(6) regarding Regional Bibliographic Databases and
Interlibrary Resources Sharing Aid; and 284(1)(g) regarding school
library automation aid. Approval of a waiver shall be based on criteria
established by the Commissioner, and any such waiver may only be granted
on an annual basis.

JUSTIFICATION:  This bill would provide increased flexibility for
library systems in meeting the needs of their member libraries and their
communities during times of reduced state appropriations for statutory
library programs. Specifically, the bill would allow a library system to
request the waiver of certain programs and requirements if the actual
amount of state aid that is appropriated for libraries is more than 15%
less than the amount that is otherwise authorized by statute.  This will
give library systems more discretion in determining how to allocate
their limited resources to best meet the needs of their libraries and
communities. The bill also seeks to protect libraries from experiencing
a triple financial hit, in which they receive less funding from the
state as well as less funding from the locality, which in turn would
generate a further reduction in state aid for not meeting the local
maintenance of effort requirements.

LEGISLATIVE HISTORY:  S.7238 of 2012. Passed Senate 60-0.

FISCAL IMPLICATIONS:  None to the State.

EFFECTIVE DATE:  Immediately.

S2857-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2857

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 24, 2013
                                 ___________

  Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Education

  AN ACT to amend the education law, in relation to state aid to libraries
    and library systems

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph j of subdivision 1
  of section 272 of the education law, subparagraphs 1, 2 and 3 as amended
  by section 2 of part O of chapter 57 of the laws of 2005, subparagraph 4
  as  added  by  chapter  386  of the laws of 1996, are amended to read as
  follows:

    (1) IN THE EVENT THAT THE STATE AID FORMULA FUNDS APPROPRIATED  FOR  A
  PUBLIC  LIBRARY  SYSTEM  UNDER SECTION TWO HUNDRED SEVENTY-THREE OF THIS
  PART ARE LESS THAN EIGHTY-FIVE PERCENT OF THE STATUTORY FORMULA  AMOUNTS
  IN  SUCH  SECTION,  THE PROVISIONS OF SUBPARAGRAPHS TWO AND FIVE OF THIS
  PARAGRAPH SHALL NOT APPLY.
    (2) 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06735-01-3

 S. 2857                             2

  system.  In  the  first  year  in  which  any library system changes its
  reporting from the calendar year to a fiscal year other than the  calen-
  dar year, it shall file any additional reporting schedules deemed neces-
  sary  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)]  (3)  IN THE EVENT THAT THE STATE AID FORMULA FUNDS APPROPRIATED
  FOR THE SUPPORT OF A CENTRAL LIBRARY OF A PUBLIC  LIBRARY  SYSTEM  UNDER
  SECTION TWO HUNDRED SEVENTY-THREE OF THIS PART ARE LESS THAN EIGHTY-FIVE
  PERCENT  OF THE STATUTORY FORMULA AMOUNTS IN SUCH LAW, THE PROVISIONS OF
  SUBPARAGRAPHS FOUR AND FIVE OF THIS PARAGRAPH SHALL NOT APPLY.
    (4) In the event that the total sum raised by local  taxation,  exclu-
  sive  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  deter-
  mine  the  amount of any underpayment or overpayments related to mainte-
  nance 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 deter-
  mining maintenance of effort as required herein, in order that no period
  of time shall be exempt from such requirement.
    [(3)] (5) The commissioner may waive the requirements of subparagraphs
  [one and] two AND FOUR 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 subpara-
  graph 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)]  (6)  A "local sponsor" shall mean any municipality, district or
  school district, as defined in the general municipal law, or any  combi-
  nation thereof.
    S  2.  Subdivision 1 of section 272 of the education law is amended by
  adding a new paragraph m to read as follows:

    M. THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF PARAGRAPHS B  AND  C
  OF  SUBDIVISION FOUR AND SUBDIVISION SIX OF SECTION TWO HUNDRED SEVENTY-
  THREE AND PARAGRAPH G OF SUBDIVISION ONE OF SECTION TWO HUNDRED  EIGHTY-
  FOUR  OF THIS PART IF, IN ANY STATE FISCAL YEAR BEGINNING WITH THE STATE
  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND THIRTEEN,  THE  FORMULA
  FUNDS  APPROPRIATED  BY  THE STATE FOR THE PURPOSES OF SUCH SECTIONS ARE
  LESS THAN EIGHTY-FIVE PERCENT OF THE STATUTORY AMOUNTS. APPROVAL OF SUCH
  A WAIVER SHALL BE BASED ON CRITERIA TO BE DEVELOPED BY THE COMMISSIONER.
  THE COMMISSIONER WILL GRANT SUCH WAIVERS ON AN ANNUAL BASIS. THE COMMIS-

 S. 2857                             3

  SIONER SHALL REPORT ANY WAIVERS GRANTED  UNDER  THIS  PARAGRAPH  TO  THE
  SPEAKER  OF  THE  ASSEMBLY,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE
  CHAIRS OF THE LEGISLATIVE FISCAL COMMITTEES  AND  THE  DIRECTOR  OF  THE
  BUDGET.
    S  3.    This act shall take effect immediately and shall be deemed to
  have been in full force and effect on and after April 1, 2013.