S T A T E   O F   N E W   Y O R K
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                                  3019

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK,
  GREENE, MILLER -- read once and referred to the Committee on Libraries
  and Education Technology

AN  ACT  to  amend  the  executive law, in relation to requiring library
  collections in all youth centers  or  facilities  for  detention;  and
  making an appropriation therefor

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

  Section 1. The executive law is amended by adding a new section  513-a
to read as follows:
  S  513-A.  LIBRARIES.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, IN CONSULTA-
TION WITH THE BOARD OF REGENTS AND THE COMMISSIONER OF EDUCATION,  SHALL
ESTABLISH  AND MAINTAIN LIBRARIES IN ALL YOUTH CENTERS OR FACILITIES FOR
DETENTION AS DEFINED IN SECTIONS FIVE HUNDRED  TWENTY-SEVEN-A  AND  FIVE
HUNDRED  TWO OF THIS ARTICLE, AND DETENTION FACILITIES DESIGNATED PURSU-
ANT TO SECTIONS SEVEN HUNDRED TWENTY-FOUR AND 305.2 OF THE FAMILY  COURT
ACT.  THE  CONTENT  OF  SUCH  HOLDINGS  SHALL CONFORM TO THE FREE PUBLIC
LIBRARY PROVISIONS OF PART TWO OF ARTICLE FIVE  OF  THE  EDUCATION  LAW.
ACCESS  TO  LIBRARY  BOOKS  BY  DETAINEES SHALL NOT BE INFRINGED BY SUCH
TEMPORARY YOUTH  DETENTION  FACILITY  RULES  AND  REGULATIONS  REGARDING
PUNISHMENT OF DETAINEES.
  2.  DEVELOPING  AND  MAINTAINING  LIBRARIES  IN  SUCH  TEMPORARY YOUTH
DETENTION FACILITIES AS PROVIDED IN  SUBDIVISION  ONE  OF  THIS  SECTION
SHALL  BE CONSIDERED PART OF CARE, MAINTENANCE, AND SUPERVISION EXPENSES
DESCRIBED AND INCLUDED IN THE REIMBURSEMENT FORMULAE PROVIDED IN SECTION
FIVE HUNDRED THIRTY OF THIS ARTICLE.
  3. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES  AND  THE  COMMIS-
SIONER  OF  EDUCATION  SHALL  REPORT,  INCLUDING RECOMMENDATIONS, TO THE
GOVERNOR AND THE LEGISLATURE ON THE STATUS OF  SUCH  LIBRARIES  IN  SUCH
COMMISSIONERS' ANNUAL REPORTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05565-01-9
              

A. 3019                             2

  S  2.  The sum of two million dollars ($2,000,000), or so much thereof
as may be necessary, is hereby appropriated out of  any  moneys  in  the
state  treasury in the general fund to the credit of the office of chil-
dren and family services, not otherwise appropriated for the purposes of
carrying  out  the  provisions of this act. Such sum shall be payable on
the audit and warrant of the state comptroller on vouchers certified  or
approved  by  the  commissioner of children and family services, or such
commissioner's duly designated representative in the manner provided  by
law.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date; provided, further, that such libraries shall be  in  use
on or before one year of the effective date of this act.