Requires library trustees to complete minimum hours of approved training; authorizes state aid for administration, development and delivery of library trustee training programs.
BILL NUMBER: S692
TITLE OF BILL : An act to amend the education law, in relation to requiring training for library trustees and providing state aid for library trustee training
PURPOSE : This bill would require trustees of public libraries to complete at least six hours of training regarding financial oversight, accountability, and the fiduciary, policy, and governance responsibilities of their position. It also provides for funding, curriculum development, and implementation of this training.
SUMMARY OF PROVISIONS : Adds a new section 273-b to the Education Law. This new section requires library trustees to complete at least six hours of training regarding their responsibilities, allocates funding for this purpose, provides for the development of curriculum and content, and establishes an advisory committee to assist the Commissioner.
EXISTING LAW : Section 2102-a of the Education Law, as added by Chapter 263 of the Laws of 2005, requires similar training for trustees/board members of school districts and BOCES.
JUSTIFICATION : There are about 7,000 elected and appointed trustees responsible for governing 755 local public libraries and 23 library systems in New York State. These libraries receive about $1 billion annually in local, State, and federal funding, and house library collections valued at about $3.3 billion. Although these trustees have significant legal and fiduciary responsibilities, there is no formal State-approved training program to advise trustees of their responsibilities or to provide them with information and tools necessary to carry out their duties. A law providing such training for school district trustees/board members has been in place since 2005. A similar provision for library trustees has been requested by the New York State Association of Library Boards.
LEGISLATIVE HISTORY : S.7131-A of 2008
FISCAL IMPLICATIONS : Would require appropriation of $500,000 in the 2009-2010 budget.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : April 1, 2010.
STATE OF NEW YORK ________________________________________________________________________ 692 2009-2010 Regular Sessions IN SENATE January 12, 2009 ___________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 requiring training for library trustees and providing state aid for library trustee training THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 273-b to read as follows: S 273-B. STATE AID FOR LIBRARY TRUSTEE TRAINING PROGRAM. 1. EVERY VOTING MEMBER OF THE BOARD OF TRUSTEES OF A FREE ASSOCIATION, PUBLIC, OR INDIAN LIBRARY, A PUBLIC LIBRARY DISTRICT, A PUBLIC LIBRARY SYSTEM, OR A REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEM, ELECTED OR APPOINTED FOR A FIRST TERM ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, SHALL, WITHIN THE FIRST YEAR OF HIS OR HER FIRST TERM, COMPLETE A MINIMUM OF SIX HOURS OF APPROVED TRAINING ON THE DUTIES AND RESPONSIBILITIES OF A LIBRARY BOARD MEMBER, INCLUDING BUT NOT LIMITED TO RESPONSIBILITIES FOR FISCAL AND BUDGETARY OVERSIGHT, POLICYMAKING, AND ACCOUNTABILITY. ANY SUCH LIBRARY TRUSTEE WHO FAILS TO COMPLETE SUCH TRAINING REQUIRED BY THIS SUBDIVISION SHALL VACATE HIS OR HER OFFICE AS TRUSTEE ON THE FIRST DAY OF THE SECOND YEAR OF HIS OR HER TERM. 2. THE COMMISSIONER IS HEREBY AUTHORIZED TO ANNUALLY EXPEND UP TO FIVE HUNDRED THOUSAND DOLLARS FOR THE ADMINISTRATION, DEVELOPMENT AND DELIV- ERY OF LIBRARY TRUSTEE TRAINING PROGRAMS COORDINATED BY THE NEW YORK STATE LIBRARY AND CONDUCTED BY PUBLIC LIBRARY SYSTEMS AND REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEMS, AND OTHER ORGANIZATIONS OR INSTI- TUTIONS AS DETERMINED BY THE COMMISSIONER. A. FOR PURPOSES OF IMPLEMENTING THE PROVISIONS OF THIS SECTION, THE NEW YORK STATE LIBRARY SHALL BE ENTITLED TO ANNUALLY RECEIVE THE SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS FOR THE ESTABLISHMENT, IMPLEMENTATION AND ADMINISTRATION OF A STATEWIDE PROGRAM, TO BE KNOWN AS THE LIBRARY TRUSTEE TRAINING PROGRAM, DESIGNED TO EDUCATE AND TRAIN TRUSTEES OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04140-01-9 S. 692 2
LIBRARIES AND LIBRARY SYSTEMS ON THE RESPONSIBILITIES OF SUCH OFFICE AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION. B. FOR PURPOSES OF THE PROGRAM, THE COMMISSIONER SHALL AWARD AN ANNU- AL FORMULA GRANT OF THREE THOUSAND DOLLARS TO EACH PUBLIC LIBRARY SYSTEM OR REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEM OPERATING UNDER AN APPROVED PLAN OF SERVICE. SUCH GRANTS SHALL BE AWARDED ON A CALENDAR YEAR BASIS. REMAINING AID SHALL BE DISTRIBUTED AMONG THE PUBLIC LIBRARY SYSTEMS ACCORDING TO THE TOTAL NUMBER OF SYSTEM AND MEMBER LIBRARY TRUS- TEES IN EACH SYSTEM ON FILE WITH THE COMMISSIONER AS OF THE FIRST OF JANUARY OF THE YEAR PRECEDING THE CALENDAR YEAR FOR WHICH THE AID IS PAYABLE. C. THE COMMISSIONER SHALL ESTABLISH AN ADVISORY COMMITTEE TO ASSIST WITH THE DEVELOPMENT AND OPERATION OF THE PROGRAM. MEMBERSHIP OF THE ADVISORY COMMITTEE SHALL CONSIST OF, BUT NEED NOT BE LIMITED TO, REPRE- SENTATIVES FROM THE STATEWIDE LIBRARY TRUSTEE ASSOCIATION CHARTERED BY REGENTS, PUBLIC LIBRARY SYSTEMS, AND REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEMS. THE MAJORITY OF THE MEMBERS OF THE ADVISORY COMMITTEE SHALL CONSIST OF REPRESENTATIVES FROM THE STATEWIDE LIBRARY TRUSTEE ASSOCIATION CHARTERED BY THE REGENTS. SUCH COMMITTEE SHALL ADVISE THE COMMISSIONER ON ISSUES CONCERNING PROGRAM POLICIES, PROCEDURES AND THE IMPLEMENTATION OF THE PROGRAM. D. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE ANY RULE AND/OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION; PROVIDED, HOWEVER, THAT ONLY AFTER CONSULTATION WITH THE ADVI- SORY COMMITTEE, SHALL THE COMMISSIONER PROMULGATE ANY RULE AND/OR REGU- LATION RELATING TO THE ADMINISTRATION AND MAINTENANCE OF THE PROGRAM. S 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.