Relates to maintenance of effort for state aid to public library systems.
Ayes (37): DeFrancisco, Bonacic, Farley, Flanagan, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Martins, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
Ayes (58): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Boyle, Diaz, Libous
TITLE OF BILL: An act to amend the education law, in relation to maintenance of effort for state aid to public library systems
PURPOSE: The purpose of this bill is to amend Education Law 272 so as to protect library services by providing some increased flexibility in the granting of a waiver in relation to maintenance of effort provisions for state aid to public library systems and central libraries.
SUMMARY OF PROVISIONS:
Section one of this bill would amend subparagraph 3 of paragraph j of subdivision 1 of Education Law 272 to authorize the Commissioner of Education to grant a waiver from the maintenance of effort requirement to a public library system or central library for up to three consecutive years (instead of two).
Section two provides the effective date.
JUSTIFICATION: The proposed amendments to Education Law 272 will enable New York State's network of twenty three state-supported public library systems to continue to meet the need for library services in 2014 and beyond despite continued economic challenges and natural disasters impacting local communities, local governments and school districts.
The proposed amendments in this bill will continue the existing waiver process that acknowledges that some local governments may from time to time face a natural disaster such as Tropical Storm Irene or Superstorm Sandy, or other extraordinary changes in local economic conditions, or loss of state aid to local governments that negatively impacts their ability to fund local programs and services, including libraries.
The amendments to Education Law 272 will provide the Commissioner with some increased flexibility in granting a waiver from maintenance of effort requirements on a public library system or central library, based on local conditions. Depending on the local situation, the Commissioner would have the authority to grant a waiver for a period of up to three consecutive calendar years. There would be no limit placed on the number of waivers that the Commissioner could grant. All waivers granted by the Commissioner of Education would continue to be reported to the Assembly, Senate and Division of the Budget.
LEGISLATIVE HISTORY: This bill is similar to a provision which was in S. 7238 of 2012 which passed the Senate 60-0. In 2013, bill S. 2857-A passed the Senate 61-0.
FISCAL IMPLICATIONS: There are no budgetary implications for the State.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2857--B 2013-2014 Regular Sessions IN SENATE January 24, 2013 ___________Introduced by Sens. FARLEY, ADDABBO, AVELLA, BONACIC, DeFRANCISCO, GRISANTI, LARKIN, MAZIARZ, NOZZOLIO, RANZENHOFER, RITCHIE, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to maintenance of effort for state aid to public library systems THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 3 of paragraph j of subdivision 1 of section 272 of the education law, as amended by section 2 of part O of chapter 57 of the laws of 2005, is amended to read as follows: (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 MAY GRANT SUCH WAIVER FOR A PERIOD OF UP TO THREE CONSEC- UTIVE 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06735-05-4