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

                                  3246

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. PRETLOW, ENGLEBRIGHT -- read once and referred to
  the Committee on Libraries and Education Technology

AN ACT to amend the education law and the state finance law, in relation
  to establishing the "New Century Libraries: Libraries 2009 act"

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

  Section 1. Legislative intent. It is the intent of the legislature  to
provide  the  people  of  New  York  with  access to the information and
library services they need today and will need tomorrow by  establishing
a New Century Libraries Initiative.
  S  2.  This  act  shall  be known and may be cited as the "New Century
Libraries: Libraries 2009 act".
  S 3. Section 271 of the education law, as amended by section 1 of part
O of chapter 57 of the laws of 2005, is amended to read as follows:
  S 271. Apportionment of state aid  to  Indian  libraries.  Any  Indian
library  chartered  by the regents or in the absence of such library any
tribal government contracting for service from a  chartered  and  regis-
tered  library  or approved library system, shall be entitled to receive
state aid during each calendar year consisting of the following amounts:
  1. [Eighteen] NINETEEN thousand dollars, and
  2. The sum of [eighteen] NINETEEN  dollars  and  [twenty]  TWENTY-FIVE
cents  per  capita for persons residing on the reservation served by the
Indian library or contract as shown by  the  latest  federal  census  or
certified by the New York state director of Indian services, and
  3. The sum of one dollar and [fifty] FIFTY-FIVE cents per acre of area
served by the Indian library or contract.
  Such  sums shall be paid annually to the Indian library board of trus-
tees for the use of the Indian library, or in  the  absence  of  such  a
board,  to  the  tribal  government  for a contract for library service.
Nothing contained in this section shall be  construed  to  diminish  the
funds,  services or supplies provided to any Indian library by a library

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02617-02-9
              

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system as defined in section two hundred seventy-two of  this  [article]
PART.  Increases  in  appropriations for such purposes during a calendar
year shall be pro rated.
  S 4. Section 273 of the education law, as amended by section 3 of part
O  of chapter 57 of the laws of 2005, subdivision 11 as added by section
3 of part A-5 of chapter 58 of the laws of 2006 and  subdivision  12  as
amended  by  section  1  of part B of chapter 57 of the laws of 2008, is
amended to read as follows:
  S 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 FIVE HUNDRED dollars where the library system serves
less than one county, or
  (2) [Twenty] TWENTY-ONE 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]  TWENTY-SIX  thousand  TWO
HUNDRED  FIFTY dollars for each entire county served and/or ten thousand
FIVE HUNDRED 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  FIVE
HUNDRED  dollars  and in addition, a pro rata share of an additional sum
of ten thousand FIVE HUNDRED 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 coun-
ty,  as determined under subdivision one of section two hundred seventy-
two of this [article] PART.
  b. In a library system which submits a plan for further development of
its central library, which plan shall be approved by the commissioner in
relation to standards for such central libraries, the amount of  central
library development aid shall be:
  (1) [thirty-two] THIRTY-FOUR cents per capita of the population within
the  chartered  area  of  service  of such library system with a minimum
amount of one hundred [five] TEN thousand TWO HUNDRED FIFTY dollars, and
  (2) an additional [seventy-one] SEVENTY-FIVE thousand  [five  hundred]
TWO  HUNDRED  FIFTY  dollars  to  the library system for the purchase of
books and materials including nonprint materials, as  defined  in  regu-
lations  of  the  commissioner,  for  its  central library. Ownership of
library materials and equipment purchased with such central library  aid
provided by this paragraph shall be vested in the public library system.
  c.  The  sum  of [ninety-four] NINETY-EIGHT AND SEVEN-TENTHS cents per
capita of population of the area served.
  d. (1) An amount equal to the amount  by  which  expenditures  by  the
library  system  for  books, periodicals, binding and nonprint materials
during the preceding fiscal year exceeds forty cents per capita of popu-
lation of the area served but the total apportionment pursuant  to  this
subparagraph  shall not exceed [sixty-eight] SEVENTY-ONE AND FOUR-TENTHS
cents per capita of population served. 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  report-
ing  schedules  deemed  necessary by the commissioner for the purpose of
determining state aid for the calendar year.

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  (2) 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
seven percent of the amount earned in subparagraph  one  of  this  para-
graph, or [seventy-six] EIGHTY thousand [five] THREE hundred TWENTY-FIVE
dollars, whichever is more.
  e. The sum of [fifty-two] FIFTY-FIVE dollars AND TWENTY-FIVE CENTS 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]  SEVENTY-FIVE dollars AND TWENTY-FIVE CENTS 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 popu-
lation 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] PART.
  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 promul-
gated 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,  nine-
teen hundred seventy-six and which meets standards of service promulgat-
ed  by  the commissioner, shall be eligible to receive annually [thirty-
one] THIRTY-TWO AND  FIFTY-FIVE  HUNDREDTHS  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] THIRTY-TWO AND FIFTY-FIVE HUNDREDTHS 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  SEVEN-
TY-FIVE  dollars,  except  that  no  library shall receive less than the
amount of local library services aid received in two thousand one. Regu-
lations 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 commis-
sioner 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

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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] THIRTY-TWO AND FIFTY-FIVE HUNDREDTHS 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] THIR-
TY-TWO  AND  FIFTY-FIVE  HUNDREDTHS  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 INCREASED BY FIVE
PERCENT OF THAT AMOUNT; 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  an  amount  equal to its actual expenditures for books, period-
icals and binding for its research libraries which expenditures are  not
otherwise  reimbursed  or [seven] EIGHT hundred [sixty-seven] FIVE thou-
sand THREE HUNDRED FIFTY dollars, whichever is less, and the  additional
sum  of five million [six] NINE hundred [forty-nine] THIRTY-TWO thousand
[six hundred] EIGHTY dollars for the general support  of  such  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 disad-
vantaged  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 disa-
bilities, or who are aged or confined in institutions, shall be entitled
to receive annually [forty-three] FORTY-FIVE thousand ONE HUNDRED  FIFTY
dollars and [thirteen] FOURTEEN cents per capita of the total population
of the area served.
  (2)  Adult literacy grants. The commissioner shall award annual grants
for approved expenses for library-based  programs  conducted  by  public
library  systems  and  public  and  free association libraries which are
members of a public library system to assist adults  to  increase  their
literacy  skills. The commissioner shall award such grants having deter-
mined that such programs are being operated in direct coordination  with
local public schools, colleges and other organizations which are operat-
ing  similar  adult  literacy  programs.  Annual state aid of [two] FOUR
hundred SIXTY thousand dollars shall be awarded for grants in accordance
with regulations promulgated by the commissioner. Ninety percent of  the
amount  of any such adult literacy grant shall be payable to the library
or system upon approval by the department. The final ten  percent  shall
be payable upon completion of the project.

A. 3246                             5

  (3) Family literacy grants. The commissioner shall award annual grants
for  approved  expenses  for  library-based family literacy programs for
pre-school and school age children and their parents conducted by public
library systems and public  libraries  and  free  association  libraries
which  are  members  of  a  public  library  system. Annual state aid of
[three] SIX hundred SIXTY-FIVE thousand  dollars  for  grants  shall  be
awarded  in accordance with regulations promulgated by the commissioner.
Ninety percent of the amount of any such family literacy grant shall  be
payable  to  the  library or system upon approval by the department. The
final ten percent shall be payable upon completion of the project.
  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] SEVENTY thousand SEVEN HUNDRED dollars for the program  of
the  Schomburg  center for research in black culture, and the additional
sum of [nine] ONE MILLION THREE hundred [eighty-four] THIRTY-THREE thou-
sand TWO HUNDRED 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] SIXTY-TWO thousand FIVE  HUNDRED  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] SIXTY-SEVEN thousand FIVE HUNDRED 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] FIFTY-TWO thousand FIVE HUNDRED dollars shall be payable annual-
ly 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] THIRTY-ONE thousand FIVE HUNDRED dollars shall be  paya-
ble  annually  to  the Nassau library system for a continuity of service
project approved by the commissioner for each calendar year.
  n. IN ADDITION TO ANY OTHER SUM PROVIDED  IN  THIS  SUBDIVISION,  EACH
PUBLIC  LIBRARY SYSTEM WITH AN ELECTRONIC INFORMATION PROGRAM CONSISTENT
WITH REGULATIONS OF THE COMMISSIONER, SHALL BE ELIGIBLE TO RECEIVE ANNU-
ALLY AN AMOUNT EQUAL TO EIGHT AND FOUR HUNDRED AND THIRTY-FIVE ONE THOU-
SANDTH PERCENT OF THE TOTAL AMOUNT EARNED UNDER PARAGRAPHS A, C,  E  AND
SUBPARAGRAPH ONE OF PARAGRAPH D AND PARAGRAPH O OF THIS SUBDIVISION. THE
MINIMUM GRANT AVAILABLE SHALL BE SIXTY THOUSAND DOLLARS.
  O.  The minimum annual grant available to a library system under para-
graphs a, c and e and subparagraph one of paragraph d of  this  subdivi-
sion shall be [six] SEVEN hundred [seventy-five] TEN thousand dollars.
  P.  (1)  IN CALENDAR YEAR TWO THOUSAND NINE AND THEREAFTER, EACH CHAR-
TERED AND REGISTERED PUBLIC AND FREE ASSOCIATION LIBRARY MEETING  STAND-
ARDS  OF  SERVICE  PROMULGATED BY THE COMMISSIONER AND SERVING A CITY AS
DEFINED BY THE FEDERAL CENSUS SHALL  BE  ELIGIBLE  TO  RECEIVE  ANNUALLY
URBAN  LIBRARY  SERVICES AID EQUAL TO ONE DOLLAR PER CAPITA OF THE POPU-
LATION OF THE CITY AS DETERMINED BY THE LATEST FEDERAL CENSUS,  PROVIDED
THAT  IN  THE CASE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
SUCH AID SHALL BE DETERMINED BASED ON THE POPULATION OF THE  BOROUGH  IN
WHICH  THE LIBRARY IS LOCATED. THIS ANNUAL STATE AID SHALL BE AWARDED IN
ACCORDANCE WITH REGULATIONS PROMULGATED  BY  THE  COMMISSIONER.    URBAN
LIBRARY  SERVICES  AID  SHALL BE PAID TO THE LIBRARY SYSTEM FOR DISTRIB-
UTION WITHIN THIRTY DAYS OF RECEIPT TO ITS ELIGIBLE MEMBER LIBRARIES  IN
ACCORDANCE WITH THIS SUBDIVISION.

A. 3246                             6

  (2) IN THE EVENT THAT THE SUM TOTAL OF LOCAL SPONSOR SUPPORT RAISED BY
LOCAL  TAXATION  EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES OR
DEBT SERVICE IN THE 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 URBAN LIBRARY
SERVICES AID TO WHICH SUCH LIBRARY WOULD OTHERWISE BE ENTITLED SHALL  BE
REDUCED BY THE SAME RATIO.
  (3) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBPARAGRAPH TWO OF
THIS  PARAGRAPH,  IF THE COMMISSIONER DETERMINES THAT THE APPLICATION OF
SUCH SUBPARAGRAPH WOULD RESULT IN EXCESSIVE HARDSHIP FOR THE  PUBLIC  OR
FREE  ASSOCIATION  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. THE COMMISSIONER MAY GRANT SUCH A
WAIVER ANNUALLY.
  (4)  A  "LOCAL SPONSOR" SHALL MEAN ANY MUNICIPALITY, A SCHOOL DISTRICT
OR A DISTRICT AS DEFINED IN THE GENERAL MUNICIPAL LAW, OR  ANY  COMBINA-
TION THEREOF.
  Q.  (1)  IN CALENDAR YEAR TWO THOUSAND NINE AND THEREAFTER, UP THROUGH
AND INCLUDING CALENDAR YEAR TWO THOUSAND THIRTEEN, EXCEPT IN CITIES WITH
A POPULATION IN EXCESS OF ONE MILLION INHABITANTS, THE  COMMISSIONER  IS
HEREBY  AUTHORIZED  TO  EXPEND EACH YEAR UP TO SEVEN MILLION DOLLARS FOR
GRANTS TO PUBLIC LIBRARY SYSTEMS OPERATING UNDER  AN  APPROVED  PLAN  OF
SERVICE  AND WITH AN APPROVED PROGRAM FOR ASSISTING LOCAL COMMUNITIES TO
CREATE AND STRENGTHEN LOCAL PUBLIC LIBRARY DISTRICTS  SO  THAT  ALL  NEW
YORKERS  MAY  LIVE  WITHIN  THE  BOUNDARIES  OF  A  LOCAL PUBLIC LIBRARY
DISTRICT. SUCH GRANTS SHALL BE AWARDED FOR  A  PERIOD  OF  THREE  YEARS,
SHALL  BE  DETERMINED  ON  THE  BASIS OF CRITERIA TO BE DEVELOPED BY THE
COMMISSIONER  AND  SHALL  ASSIST  MEMBER  PUBLIC  AND  FREE  ASSOCIATION
LIBRARIES  IN MEETING AND EXCEEDING STANDARDS ESTABLISHED BY THE REGENTS
IN ACCORDANCE WITH SECTION TWO HUNDRED FIFTY-FOUR OF THIS PART. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY  PORTION  OF  A
GRANT  AWARD  THAT  REMAINS UNEXPENDED AT THE END OF A STATE FISCAL YEAR
SHALL BE CARRIED OVER TO THE NEXT FISCAL YEAR AND SHALL REMAIN AVAILABLE
TO THE LIBRARY OR LIBRARY SYSTEM FOR EXPENDITURE FOR  PURPOSES  OF  THIS
PARAGRAPH  TO  THE  EXTENT THERE IS AN APPROPRIATION AVAILABLE, PROVIDED
THAT THE TERM OF THE GRANT HAS NOT EXPIRED.  THIS  STATE  AID  SHALL  BE
AWARDED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER.
  (2)  THE  COMMISSIONER SHALL PROVIDE GRANTS TO ELIGIBLE PUBLIC LIBRARY
SYSTEMS WITH A PROGRAM FOR ASSISTING LIBRARIES AND COMMUNITIES IN CREAT-
ING AND STRENGTHENING PUBLIC LIBRARY DISTRICTS IN THE FOLLOWING MANNER:
  (A) AN AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS TO  EACH  ELIGIBLE
PUBLIC  LIBRARY SYSTEM IN FURTHERANCE OF THE PURPOSES OF THIS PARAGRAPH,
AND
  (B) AN AMOUNT UP TO ONE DOLLAR PER  CAPITA  OF  THE  LIBRARY  SYSTEM'S
POPULATION  WHO  DO  NOT  RESIDE  WITHIN THE CHARTERED SERVICE AREA OF A
MEMBER LIBRARY TO EACH ELIGIBLE PUBLIC LIBRARY SYSTEM IN FURTHERANCE  OF
THE PURPOSES OF THIS PARAGRAPH, AND
  (C)  THE REMAINDER FOR INCENTIVE AND ENABLING GRANTS TO PUBLIC LIBRARY
DISTRICTS ESTABLISHED ON OR AFTER JANUARY FIRST, TWO THOUSAND  SEVEN  OR
TO THOSE PUBLIC AND FREE ASSOCIATION LIBRARIES OR PUBLIC LIBRARY SYSTEMS
WITH A PLAN TO ASSIST COMMUNITIES TO CREATE, RECONFIGURE OR STRENGTHEN A
LOCAL PUBLIC LIBRARY DISTRICT.
  (3)  IN CALENDAR YEAR TWO THOUSAND NINE AND THEREAFTER, UP THROUGH AND
INCLUDING CALENDAR YEAR  TWO  THOUSAND  THIRTEEN,  THE  NEW  YORK  STATE
LIBRARY  SHALL  BE ENTITLED TO RECEIVE EACH YEAR THE SUM OF FOUR HUNDRED

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THOUSAND DOLLARS FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A STATEWIDE
PROGRAM FOR ASSISTING PUBLIC LIBRARY SYSTEMS, PUBLIC  AND  FREE  ASSOCI-
ATION  LIBRARIES  AND  LOCAL  COMMUNITIES TO CREATE AND STRENGTHEN LOCAL
PUBLIC LIBRARY DISTRICTS SO THAT ALL NEW YORKERS LIVE WITHIN THE BOUNDA-
RIES  OF  A  LOCAL  PUBLIC LIBRARY DISTRICT. SUCH STATEWIDE SERVICES MAY
INCLUDE, BUT ARE NOT LIMITED TO TECHNICAL ASSISTANCE  AND  TRAINING  FOR
LIBRARIES  AND LIBRARY SYSTEMS, PUBLICATIONS, COMMUNICATIONS AND PROGRAM
PLANNING, IMPLEMENTATION AND EVALUATION.
  R. (1) IN CALENDAR YEAR TWO THOUSAND NINE AND  THEREAFTER,  EXCEPT  IN
CITIES  AS  DEFINED  BY  THE  FEDERAL CENSUS, THE COMMISSIONER IS HEREBY
AUTHORIZED TO PROVIDE GRANTS  TO  STRENGTHEN  CHARTERED  AND  REGISTERED
PUBLIC  AND  FREE  ASSOCIATION  LIBRARIES  MEETING  STANDARDS OF SERVICE
PROMULGATED BY THE COMMISSIONER. EACH  ELIGIBLE  LIBRARY  SHALL  RECEIVE
THIRTY-FIVE  AND  SEVENTY-SEVEN  ONE  HUNDREDTHS 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 IN WHICH AID IS PAYA-
BLE.  THIS  ANNUAL  STATE  AID SHALL BE AWARDED IN ACCORDANCE WITH REGU-
LATIONS PROMULGATED BY THE COMMISSIONER. NONURBAN LIBRARY  SERVICES  AID
SHALL  BE  PAID  TO  THE  SYSTEM  FOR DISTRIBUTION WITHIN THIRTY DAYS OF
RECEIPT TO ITS ELIGIBLE MEMBER LIBRARIES IN ACCORDANCE WITH THIS  SUBDI-
VISION.
  (2) IN THE EVENT THAT THE SUM TOTAL OF LOCAL SPONSOR SUPPORT RAISED BY
LOCAL TAXATION EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES 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 NONURBAN LIBRARY SERVICES AID TO
WHICH SUCH LIBRARY WOULD OTHERWISE BE ENTITLED SHALL BE REDUCED  BY  THE
SAME RATIO.
  (3) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBPARAGRAPH TWO OF
THIS  PARAGRAPH,  IF THE COMMISSIONER DETERMINES THAT THE APPLICATION OF
SUCH SUBPARAGRAPH WOULD RESULT IN EXCESSIVE HARDSHIP FOR THE  PUBLIC  OR
FREE  ASSOCIATION  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. THE COMMISSIONER MAY GRANT SUCH
WAIVER ANNUALLY.
  (4) A "LOCAL SPONSOR" SHALL MEAN ANY MUNICIPALITY, A  SCHOOL  DISTRICT
OR  A  DISTRICT AS DEFINED IN THE GENERAL MUNICIPAL LAW, OR ANY COMBINA-
TION THEREOF.
  S. (1) IN CALENDAR YEAR TWO THOUSAND NINE AND THEREAFTER, THE  COMMIS-
SIONER  IS  AUTHORIZED  TO  EXPEND UP TO TEN MILLION DOLLARS ANNUALLY TO
PROVIDE LOCAL LIBRARY NEED-BASED AID GRANTS TO CHARTERED AND  REGISTERED
PUBLIC  AND  FREE  ASSOCIATION  LIBRARIES  MEETING  STANDARDS OF SERVICE
PROMULGATED BY THE COMMISSIONER AND LOCATED  IN  ECONOMICALLY  DISADVAN-
TAGED  COMMUNITIES.  LOCAL LIBRARY NEED-BASED AID WOULD PROVIDE MATCHING
GRANTS TO RAISE THE TOTAL LOCAL SPONSOR SUPPORT RAISED BY LOCAL TAXATION
EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES AND DEBT SERVICE TO
A TOTAL OF TWENTY DOLLARS PER CAPITA OF THE POPULATION OF THE  LIBRARY'S
CHARTERED SERVICE AREA AS ON FILE WITH THE COMMISSIONER ON JANUARY FIRST
OF  THE  YEAR IN WHICH THE AID IS PAYABLE. SUCH MATCHING GRANTS SHALL BE
DETERMINED ON THE BASIS OF NEED CRITERIA TO BE DEVELOPED BY THE  COMMIS-
SIONER  AND  SHALL  ASSIST  THOSE  MEMBER  PUBLIC  AND  FREE ASSOCIATION
LIBRARIES DESIGNATED BY THE COMMISSIONER AS SERVING ECONOMICALLY  DISAD-
VANTAGED  COMMUNITIES  IN MEETING AND EXCEEDING STANDARDS ESTABLISHED BY
THE REGENTS IN ACCORDANCE WITH SECTION TWO HUNDRED  FIFTY-FOUR  OF  THIS
PART.  THIS  ANNUAL  STATE AID SHALL BE AWARDED IN ACCORDANCE WITH REGU-

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LATIONS PROMULGATED BY THE COMMISSIONER.  THIS STATE AID SHALL  BE  PAID
TO  THE  SYSTEM  FOR  DISTRIBUTION  WITHIN THIRTY DAYS OF RECEIPT TO ITS
ELIGIBLE MEMBER LIBRARIES IN ACCORDANCE WITH THIS SUBDIVISION.
  (2) IN THE EVENT THAT THE SUM TOTAL OF LOCAL SPONSOR SUPPORT RAISED BY
LOCAL TAXATION EXCLUSIVE OF THE SUM RAISED FOR CAPITAL EXPENDITURES IN A
TWELVE  MONTH PERIOD, IS LESS THAN THAT PROVIDED TO THE LOCAL LIBRARY IN
THE FISCAL  YEAR  ENDING  IN  TWO  THOUSAND  EIGHT,  THE  LOCAL  LIBRARY
NEED-BASED  AID  TO WHICH SUCH LIBRARY WOULD OTHERWISE BE ENTITLED SHALL
BE REDUCED BY THE SAME RATIO. IN THE EVENT THAT THE SUM TOTAL  OF  LOCAL
SPONSOR SUPPORT RAISED BY LOCAL TAXATION EXCLUSIVE OF THE SUM RAISED FOR
CAPITAL  EXPENDITURES  IN  A  TWELVE  MONTH  PERIOD,  IS  MORE THAN THAT
PROVIDED TO THE LOCAL LIBRARY IN THE FISCAL YEAR ENDING IN TWO  THOUSAND
EIGHT,  THE  LOCAL  LIBRARY  NEED-BASED  STATE AID TO WHICH SUCH LIBRARY
WOULD OTHERWISE BE ENTITLED WOULD REMAIN CONSTANT.
  (3) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBPARAGRAPH TWO OF
THIS PARAGRAPH, IF THE COMMISSIONER DETERMINES THAT THE  APPLICATION  OF
SUCH  SUBPARAGRAPH  WOULD RESULT IN EXCESSIVE HARDSHIP FOR THE PUBLIC OR
FREE ASSOCIATION 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. THE COMMISSIONER MAY  GRANT  SUCH
WAIVER ANNUALLY.
  (4)  A "LOCAL SPONSOR" SHALL MEAN ANY MUNICIPALITY, A SCHOOL DISTRICT,
OR A DISTRICT AS DEFINED IN THE GENERAL MUNICIPAL LAW, OR  ANY  COMBINA-
TION THEREOF.
  T.  (1) IN CALENDAR YEAR TWO THOUSAND NINE AND THEREAFTER, THE COMMIS-
SIONER IS HEREBY AUTHORIZED  TO  EXPEND  UP  TO  FOUR  HUNDRED  THOUSAND
DOLLARS  ANNUALLY  FOR STATEWIDE READING PROGRAMS COORDINATED BY THE NEW
YORK STATE LIBRARY AND CONDUCTED  BY  THE  PUBLIC  LIBRARY  SYSTEMS  AND
PUBLIC AND FREE ASSOCIATION LIBRARIES.
  (2)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, THE COMMISSIONER SHALL
PROVIDE GRANTS FOR PARTICIPATION IN STATEWIDE READING PROGRAMS TO PUBLIC
LIBRARY SYSTEMS OPERATING UNDER AN APPROVED PLAN OF SERVICE. SUCH GRANTS
SHALL BE DETERMINED ON THE BASIS OF CRITERIA  TO  BE  DEVELOPED  BY  THE
COMMISSIONER AND SHALL BE AWARDED AS FOLLOWS:
  (A)  AN  ANNUAL  BASE  GRANT OF FIVE THOUSAND DOLLARS TO EACH ELIGIBLE
PUBLIC LIBRARY SYSTEM, PLUS THE SUM OF FIVE CENTS PER SCHOOL  AGE  CHILD
BASED  ON  THE  TOTAL  PUBLIC AND NONPUBLIC SCHOOL ENROLLMENT WITHIN THE
GEOGRAPHIC AREA SERVED BY THE SYSTEM; AND
  (B) THE REMAINDER SHALL BE PROVIDED TO THE NEW YORK STATE LIBRARY  FOR
ESTABLISHING  AND  COORDINATING  STATEWIDE  READING  PROGRAMS, WHICH MAY
INCLUDE CONTRACTING WITH LIBRARY SYSTEMS OR OTHER LIBRARIES  TO  DELIVER
STATEWIDE  SERVICES  FOR  THIS  PURPOSE.  SUCH  STATEWIDE  SERVICES  MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO, TRAINING, TECHNICAL ASSISTANCE  TO
LIBRARIES  AND LIBRARY SYSTEMS, PUBLICATIONS, COMMUNICATIONS AND PROGRAM
PLANNING AND EVALUATION.
  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.

A. 3246                             9

  4.  Reference  and research library resources system. a. 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 [two] FOUR hundred [seventy]
THIRTY-FIVE  thousand  dollars  plus  the  sum  of [one dollar and fifty
cents] THREE DOLLARS per square mile of area  served  plus  the  sum  of
[six]  ELEVEN AND SEVEN HUNDREDTHS cents per capita of the population of
the area served. Each system may  annually  appropriate  funds  received
under  this  provision to obtain matching funds from the National Endow-
ment for the Humanities in the  United  States  Newspaper  Program.  The
annual amount payable to each approved system under this paragraph shall
be payable on or before July first, provided that, upon receipt of annu-
al system activity reports satisfactory to the commissioner, the commis-
sioner  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 commis-
sioner.] IN ADDITION TO ANY OTHER SUM PROVIDED IN THIS SUBDIVISION, EACH
REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEM PROVIDING SERVICE  UNDER
AN  APPROVED PLAN WITH AN ELECTRONIC INFORMATION PROGRAM CONSISTENT WITH
REGULATIONS OF THE COMMISSIONER, SHALL BE ELIGIBLE TO  RECEIVE  ANNUALLY
AN  AMOUNT  EQUAL  TO  THIRTY-TWO  AND FIVE-TENTHS PERCENT OF THE AMOUNT
EARNED IN PARAGRAPH A OF THIS SUBDIVISION.
  C. 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 BASE GRANT OF TWENTY-FIVE THOUSAND DOLLARS
PLUS THE SUM OF ONE AND SEVEN HUNDRED THREE THOUSANDTHS CENTS PER CAPITA
OF THE POPULATION OF THE AREA SERVED. 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

A. 3246                            10

  (iii)   member  institutions  of  a  reference  and  research  library
resources system,  excluding  public  and  hospital  libraries,  with  a
weighting of one.
  [c.]  D.  (1)  The  commissioner  is hereby authorized to expend up to
[one] TWO million [three] FOUR hundred [ninety-six]  SIXTY-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 meet-
ing the standards established by the regents in accordance with  section
two  hundred  fifty-four  of  this [article] PART.   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]  TWO  DOLLARS  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  univer-
sities  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] SIX hundred TWENTY dollars for each  institu-
tion, and
  (2) One dollar and [four] NINE AND TWO-TENTHS 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

A. 3246                            11

  (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 univer-
sity 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.
  D.  THE  NEW  YORK STATE LIBRARY SHALL BE ENTITLED TO RECEIVE ANNUALLY
THE SUM OF SIX HUNDRED THOUSAND DOLLARS FOR THE ESTABLISHMENT AND IMPLE-
MENTATION OF A PROGRAM OF STATEWIDE ACCESS TO ELECTRONIC INFORMATION  BY
PUBLIC   AND   NONPROFIT  INDEPENDENT  COLLEGES  AND  UNIVERSITIES  WITH
LIBRARIES WHICH MEET THE CRITERIA OF PARAGRAPH A OF THIS SUBDIVISION.
  6. Regional bibliographic data bases and interlibrary resources  shar-
ing.    a. The commissioner shall award annually to each of the approved
nine reference and research library resources systems, from funds appro-
priated by the legislature for an annual grant for an automation program
(i) to support bibliographic control and interlibrary sharing of  infor-
mation  resources among all types of libraries and library systems in an
area not less than that of a reference and  research  library  resources
system,  and  (ii)  to coordinate and integrate the automated systems of
the component member public library system or  systems,  school  library
system  or  systems  and  other automated systems within the area of the
reference and research library  resources  system.  Each  reference  and
research library resources system of such region shall be entitled to an
annual grant of two hundred TEN thousand dollars plus the sum of two AND
ONE-TENTH cents per capita of the population served.
  b.  To  be  eligible  for a grant, each reference and research library
resources system shall meet the requirements set  forth  in  regulations
adopted  by  the  commissioner which shall include standards relating to
library automation, continuous development of the data base, and  updat-
ing,  access  and  linking of the data base programs. Each reference and
research library resources system shall include in its approved plan  of
service  a  description  of a regional library automation program, which
shall include all library systems in the region that are members of  the
reference and research library resources system.
  7. Conservation and preservation of library research materials. a. The
commissioner shall award in any state fiscal year an annual grant of one
hundred  [twenty-six]  SIXTY-FIVE  thousand  SEVEN HUNDRED dollars for a
program of conservation and/or preservation of library research  materi-
als  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 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

A. 3246                            12

regulations relating to the identification of library  research  materi-
als,  the  need for their preservation, and the means of their conserva-
tion.
  c.  Additional grants, the sum of which shall not exceed three hundred
[fifty] SEVENTY-FIVE thousand dollars in any state fiscal year,  may  be
made  to  any  or all of the eleven comprehensive research libraries for
preservation and/or conservation of library research  materials  on  the
basis  of  project  proposals.  Approval of such proposals, and determi-
nation of funding level, shall  be  based  upon  their  contribution  to
development  of  cooperative programs and/or facilities for conservation
and/or preservation works in the state, including  but  not  limited  to
such factors as: institutional commitment to development of a collective
capacity  and  coordinated  approach to conservation and preservation of
research materials important to the people of the state; 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 techni-
cal expertise; availability  of  staff  with  appropriate  training  and
expertise;  contribution  of  the institution to the project in matching
funds and staff resources; and 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. 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 state fiscal  year
to  support  the  preservation  and/or  conservation  of  unique library
research materials. Such agencies and libraries shall  submit  proposals
which  shall  be  evaluated  and  determinations of approval and funding
shall be made on the same basis set forth in paragraph c of this  subdi-
vision. 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.
  e. 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.
  f. The commissioner shall establish  an  office  for  coordination  of
conservation  and/or preservation of library research materials to iden-
tify 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.   THE NEW YORK STATE LIBRARY
SHALL BE ENTITLED TO RECEIVE ANNUALLY THE SUM OF FIFTY THOUSAND  DOLLARS
FOR  COORDINATION  OF CONSERVATION AND/OR PRESERVATION EFFORTS RESULTING
FROM THIS LEGISLATION.
  8. 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

A. 3246                            13

borrower  shall  be [nineteen] TWENTY-SEVEN 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.
  9. NEW YORK ONLINE VIRTUAL ELECTRONIC  LIBRARY.  THE  NEW  YORK  STATE
LIBRARY  SHALL  BE  ENTITLED TO RECEIVE ANNUALLY THE SUM OF FIVE MILLION
DOLLARS FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A STATEWIDE NEW YORK
ONLINE VIRTUAL ELECTRONIC LIBRARY FOR THE PEOPLE OF THE STATE.  OF  SUCH
AMOUNT AT LEAST FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS SHALL BE MADE
AVAILABLE FOR STATEWIDE ACCESS TO ELECTRONIC INFORMATION BY NEW YORKERS,
WHICH MAY INCLUDE CONTRACTING WITH LIBRARY SYSTEMS OR OTHER LIBRARIES TO
DELIVER  STATEWIDE  SERVICES FOR THIS PURPOSE; AND FIVE HUNDRED THOUSAND
DOLLARS SHALL   BE MADE AVAILABLE FOR  STRENGTHENING  STATEWIDE  LIBRARY
SERVICES  THAT  SUPPORT THE DEVELOPMENT AND MAINTENANCE OF THE STATEWIDE
DIGITAL LIBRARY AND ELECTRONIC ACCESS TO INFORMATION.    SUCH  STATEWIDE
SERVICES  MAY  INCLUDE, BUT SHALL NOT BE LIMITED TO, TRAINING, HELP DESK
SUPPORT, TECHNICAL ASSISTANCE TO LIBRARIES AND LIBRARY SYSTEMS, PUBLICA-
TIONS, COMMUNICATIONS, AND PROGRAM PLANNING AND EVALUATION.
  10. DIGITIZATION OF LIBRARY RESEARCH MATERIALS.  IN  ADDITION  TO  ANY
OTHER  SUMS  PROVIDED FOR SUCH PURPOSES, THE COMMISSIONER SHALL ANNUALLY
AWARD GRANTS  FOR  COMPETITIVE  DIGITIZATION  PROJECTS  CONDUCTED  BY  A
LIBRARY  SYSTEM  OR    LIBRARY,  WHICH  IS A MEMBER OF A LIBRARY SYSTEM.
GRANTS SHALL BE PROVIDED FOR THE PERIOD COMMENCING JULY FIRST AND ENDING
ON THE FOLLOWING JUNE THIRTIETH. ANNUAL STATE AID OF ONE MILLION DOLLARS
FOR GRANT AWARDS, INCLUDING UP TO FIFTY THOUSAND DOLLARS TO THE NEW YORK
STATE LIBRARY FOR THE REVIEW OF PROJECT PROPOSALS SUBMITTED BY LIBRARIES
OR LIBRARY SYSTEMS, INCLUDING PEER REVIEW, SHALL BE ALLOCATED  FOR  THIS
PURPOSE. APPLICATIONS FOR GRANTS BY MEMBER LIBRARIES MUST BE ENDORSED BY
THE LIBRARY SYSTEM. SUCH GRANTS SHALL BE AWARDED ON THE BASIS OF PROJECT
PROPOSALS  IN  ACCORDANCE WITH PROJECT PROPOSAL GUIDELINES. CRITERIA FOR
APPROVAL OF SUCH PROPOSALS AND DETERMINATION OF FUNDING LEVELS SHALL  BE
BASED UPON, BUT NOT LIMITED TO, SUCH FACTORS AS:
  A.  THE  PROJECT  IS BEING OPERATED BY THE APPLICANT IN DIRECT COORDI-
NATION WITH ONE OR MORE OF THE FOLLOWING INSTITUTIONS: ANOTHER  LIBRARY,
A  LIBRARY  SYSTEM,  LOCAL PUBLIC SCHOOL, A COLLEGE OR UNIVERSITY, LOCAL
GOVERNMENT OR ANY OTHER NOT-FOR-PROFIT ORGANIZATION PROVIDING EDUCATION,
CULTURAL AND INFORMATION SERVICES TO THE COMMUNITY OR TO THE  PEOPLE  OF
THE STATE;
  B. INSTITUTIONAL COMMITMENT ON THE PART OF THE APPLICANT TO THE DEVEL-
OPMENT  OF A COORDINATED APPROACH TO DIGITIZATION OF MATERIALS IMPORTANT
TO THE PEOPLE OF THE STATE;
  C. APPROPRIATENESS OF PLANNING IN RELATION TO  NATIONAL  STANDARDS  OR
BEST PRACTICES AND STATEWIDE PLANNING; THE PROJECT'S IMPACT ON ACCESS TO
HOLDINGS AND INFORMATION BY THE PUBLIC;
  D.  CONTRIBUTION OF THE APPLICANT INSTITUTION TO THE PROJECT IN MATCH-
ING FUNDS AND STAFF RESOURCES; AND INSTITUTIONAL CAPACITY FOR SUCCESSFUL
COMPLETION OF THE PROJECT INCLUDING  FACILITIES,  EXPERIENCE,  TECHNICAL
CAPACITY AND EXPERTISE.

A. 3246                            14

  11.  NEW  YORK  STATE LIBRARY RESEARCH COLLECTIONS. IN ADDITION TO ANY
OTHER SUMS PROVIDED FOR SUCH PURPOSES, THE NEW YORK STATE LIBRARY  SHALL
RECEIVE  ANNUALLY  FOR  STRENGTHENING ITS RESEARCH COLLECTIONS AN AMOUNT
EQUAL TO SIX HUNDRED THOUSAND DOLLARS.
  12.  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 commis-
sioner 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 contin-
ued  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.
  [10.]  13.  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 avail-
able 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.
  [11.]  14. 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.
  [12.] 15. The commissioner is hereby authorized  to  expend  in  state
fiscal  year  two thousand six--two thousand seven three million dollars
and in state fiscal year two thousand seven--two  thousand  eight  eight
million  dollars  and in state fiscal year two thousand eight--two thou-
sand nine seven million nine hundred forty thousand dollars 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  follow-
ing. 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  operat-
ing  under  a  plan  approved by the commissioner is entitled to receive

A. 3246                            15

fifteen thousand dollars and an amount equal  to  four  percent  of  the
amount  of  state  aid  received by such system in two thousand six--two
thousand seven and thirty-nine thousand dollars and an amount  equal  to
ten  and  ninety-four  hundredths  percent  of  the  amount of state aid
received by such system in two thousand seven--two  thousand  eight  and
thirty-eight thousand seven hundred eight dollars and an amount equal to
ten  and  ninety-four  hundredths  percent  of  the  amount of state aid
received by such system in two thousand eight--two thousand  nine  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 fifteen
thousand  dollars  and  an amount equal to four percent of the amount of
state aid received by such system  in  two  thousand  six--two  thousand
seven  and  thirty-nine  thousand dollars and an amount equal to ten and
ninety-four hundredths percent of the amount of state  aid  received  by
such  system  in two thousand seven--two thousand eight and thirty-eight
thousand seven hundred eight dollars and an  amount  equal  to  ten  and
ninety-four  hundredths  percent  of the amount of state aid received by
such system in two thousand eight--two thousand nine under  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 fifteen thousand dollars and an
amount equal to a four percent increase over the  amount  of  state  aid
received  by  such  system  in  two thousand six--two thousand seven and
thirty-nine thousand dollars and an amount equal to ten and  ninety-four
hundredths percent of the amount of state aid received by such system in
two  thousand  seven--two thousand eight and thirty-eight thousand seven
hundred eight dollars  and  an  amount  equal  to  ten  and  ninety-four
hundredths percent of the amount of state aid received by such system in
two  thousand  eight--two thousand nine under paragraphs a, b, c[, d, e]
and [f] D of subdivision one of section two hundred eighty-four of  this
part.
  S  5.  Subdivision 1 of section 273-a of the education law, as amended
by section 4 of part B of chapter 57 of the laws of 2007, is amended  to
read as follows:
  1.  State  aid  shall be provided for up to fifty percent of the total
project approved costs, excluding feasibility studies, plans or  similar
activities,  for  projects for the acquisition, construction, renovation
or rehabilitation, including leasehold  improvements,  of  buildings  of
public  libraries  and  library  systems chartered by the regents of the
state of New York or established by act of the  legislature  subject  to
the  limitations  provided  in subdivision four of this section and upon
approval by the commissioner, EXCEPT THAT  THOSE  LIBRARIES  THAT  SERVE
ECONOMICALLY DISADVANTAGED COMMUNITIES, AS DETERMINED BY THE COMMISSION-
ER  PURSUANT  TO REGULATIONS ADOPTED FOR SUCH PURPOSE, SHALL BE ELIGIBLE
TO RECEIVE STATE AID FOR UP TO  SEVENTY-FIVE  PERCENT  OF  THE  APPROVED
TOTAL  PROJECT  COSTS.    For purposes of this subdivision, an amount of
TWENTY MILLION eight hundred FORTY thousand dollars shall  be  available
for  each  calendar  year EXCEPT THAT FOR THE CALENDAR YEAR TWO THOUSAND
NINE, THIRTY MILLION EIGHT  HUNDRED  FORTY  THOUSAND  DOLLARS  SHALL  BE
AVAILABLE.    Aid shall be provided on approved expenses incurred during
the period commencing July first and ending June  thirtieth  for  up  to
three  years, or until the project is completed, whichever occurs first.
Fifty percent of such aid shall be payable to  each  system  or  library

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upon  approval  of  the  application. Forty percent of such aid shall be
payable in the next state fiscal year. The remaining ten  percent  shall
be payable upon project completion.
  S 6. Section 284 of the education law, as amended by section 5 of part
O  of chapter 57 of the laws of 2005 and paragraph f of subdivision 1 as
amended by chapter 654 of the laws  of  2007,  is  amended  to  read  as
follows:
  S 284. State  aid  for  school library systems. 1. Each school library
system established pursuant to section two hundred  eighty-two  of  this
part  and  operating  under a plan approved by the commissioner shall be
eligible to receive funding under this section consisting of the follow-
ing amounts:
  a. Each school library system  with  a  public  and  nonpublic  school
enrollment  of  less  than  [one]  FIVE  hundred thousand students shall
receive a base grant of [eighty-three] ONE HUNDRED TWENTY-FIVE  thousand
dollars;
  b.  [Each  school  library  system  with a public and nonpublic school
enrollment of one hundred thousand students but less  than  two  hundred
thousand students shall receive a base grant of ninety thousand dollars;
  c.  Each  school  library  system  with  a public and nonpublic school
enrollment of two hundred thousand students but less than  five  hundred
thousand students shall receive a base grant of one hundred twenty-three
thousand dollars; and
  d.]  Each  school  library  system  with a public and nonpublic school
enrollment of more than five hundred thousand students shall  receive  a
base grant of eight hundred ninety-seven thousand dollars[.];
  [e.]  C.  In  addition to the base grant provided in paragraph a[,] OR
b[, c or d] of  this  subdivision,  each  school  library  system  shall
receive annually:
  (1)  [twenty-nine]  SEVENTY-FIVE  cents  per  student  enrolled in the
public and nonpublic schools located within such system, and
  (2) [five] SIX hundred dollars  per  public  school  district  located
within  such  system,  and  a  minimum  of  [four]  FIVE thousand [three
hundred] dollars per system located within a board of cooperative educa-
tional services area, or [five] SIX thousand  dollars  per  city  school
district of a city with a population of one hundred twenty-five thousand
inhabitants or more, and
  (3)  [two]  FIVE dollars [and forty-five cents] per square mile of the
school library system[.];
  [f.] D. In addition to any other sum provided in this subdivision, any
school library system formed through an  act  of  merger  since  January
first, nineteen hundred eighty-four shall receive fifty thousand dollars
annually  for  each  approved act of merger, provided, however, that any
school library system formed through an act of merger on or after  April
first, two thousand eight shall receive ninety thousand dollars annually
for each approved act of merger[.]; AND
  [g.]  E.  In  addition  to any other sum provided in this subdivision,
each school  library  system  WITH  AN  ELECTRONIC  INFORMATION  PROGRAM
CONSISTENT WITH THE REGULATIONS OF THE COMMISSIONER shall be eligible to
receive  annually  an [automation grant amounting] AMOUNT EQUAL to [ten]
THIRTY-EIGHT percent of the total aid produced for that system by adding
the base grant provided by paragraph a[,] OR b[, c or d] of this  subdi-
vision to the additional aid provided by paragraphs [e and f] C AND D of
this subdivision.
  2. Before a school library system shall be entitled to receive operat-
ing  funds,  such  system  shall submit a plan of library service to the

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commissioner for approval. The commissioner shall establish standards of
service for school library systems by regulation. Such regulations shall
contain standards relating to: system staffing; union catalog and  data-
base development; interlibrary loan; communications and delivery; gover-
nance  and  advisory  committees;  membership  criteria and the means of
relating district library resources and programs to those of the system;
non-public school  participation;  and  procedures  for  submission  and
approval of plans and certification of membership.
  3.  The  moneys  made  available  pursuant  to  this  section shall be
distributed to each school library system whose plan of service has been
approved under the provisions of subdivision two of this section.
  4. Each school library system receiving state  aid  pursuant  to  this
section  shall furnish such information regarding its library service as
the commissioner may from time to time require to determine  whether  it
is  operating  in  accordance with its plan and the standards of service
the commissioner has established. The commissioner may at any time after
affording notice and an opportunity to be heard, revoke  approval  of  a
plan  of  library  service  if  the  commissioner  finds that the school
library system no longer conforms to its approved plan,  the  provisions
of this section or the regulations promulgated by the commissioner here-
under;  or,  in the case of provisional approval, if such school library
system no longer conforms to the agreement,  plans  or  conditions  upon
which such provisional approval was based. In such case a school library
system  shall  not  thereafter be entitled to state aid pursuant to this
section unless and until its plan of library service is  again  approved
by the commissioner.
  S 7. Section 285 of the education law, as amended by section 6 of part
O of chapter 57 of the laws of 2005, is amended to read as follows:
  S 285. State aid for cooperation with correctional facilities. 1. Each
public  library system operating under an approved plan of service which
has a state correctional facility  or  facilities  within  its  area  of
service  shall  be awarded an annual grant of nine dollars [twenty-five]
SEVENTY cents per capita for the inmate population of such  facility  or
facilities  to  make available to the inmate population of such facility
or facilities, in direct coordination with the  correctional  facilities
libraries,  the library resources of such system. The commissioner shall
adopt any regulations necessary to carry out the purposes and provisions
of this subdivision.
  2. The commissioner is authorized to expend up to one hundred  [seven-
ty-five  thousand]  EIGHTY-THREE  THOUSAND  SEVEN  HUNDRED FIFTY dollars
annually to provide grants to public library systems operating under  an
approved plan of service for provision of services to county jail facil-
ities.  Such  formula  grants  shall assist the library system in making
available to the inmate population of such facility  or  facilities  the
library resources of such system. Such grants shall be available to each
public  library system in such manner as to insure that the ratio of the
amount each system is eligible to receive equals the ratio of the number
of inmates served by the county jail facility to  the  total  number  of
inmates  served  by county jail facilities in the state as of July first
of the year preceding the calendar year in which the state aid to public
library systems is to be paid. Inmate populations shall be certified  by
the  New  York  state  commission  of correction. The commissioner shall
adopt any regulations necessary to carry out the purposes and provisions
of this subdivision.
  S 8. The education law is amended by adding a new section 286 to  read
as follows:

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  S  286. STATE AID FOR NEW YORK EXCELLENCE IN LIBRARY SERVICES PROGRAM.
1. IN STATE FISCAL YEAR TWO THOUSAND NINE--TWO THOUSAND TEN  AND  THERE-
AFTER,  THE  COMMISSIONER IS HEREBY AUTHORIZED TO EXPEND EACH YEAR UP TO
TWO MILLION DOLLARS FOR GRANTS TO PUBLIC LIBRARY SYSTEMS, REFERENCE  AND
RESEARCH  LIBRARY RESOURCES SYSTEMS AND SCHOOL LIBRARY SYSTEMS OPERATING
UNDER AN APPROVED PLAN OF SERVICE AND WITH AN APPROVED PROGRAM OF EXCEL-
LENCE IN LIBRARY SERVICES, IN ORDER TO ACHIEVE  HIGHER  QUALITY  LIBRARY
SERVICE  FOR  ALL  NEW  YORKERS.  SUCH GRANTS SHALL BE DETERMINED ON THE
BASIS OF CRITERIA TO BE DEVELOPED BY THE COMMISSIONER AND  SHALL  ASSIST
MEMBER  LIBRARIES  AND  DISTRICTS  IN MEETING AND EXCEEDING STANDARDS OF
EXCELLENCE ESTABLISHED BY THE REGENTS. GRANTS SHALL BE PROVIDED FOR  THE
PERIOD  COMMENCING  JULY FIRST AND ENDING ON JUNE THIRTIETH NEXT FOLLOW-
ING. THE STATE AID SHALL  BE  AWARDED  IN  ACCORDANCE  WITH  REGULATIONS
PROMULGATED BY THE COMMISSIONER.
  2.  THE  COMMISSIONER  SHALL PROVIDE GRANTS TO ELIGIBLE PUBLIC LIBRARY
SYSTEMS, REFERENCE AND RESEARCH LIBRARY  RESOURCES  SYSTEMS  AND  SCHOOL
LIBRARY SYSTEMS FOR PROGRAMS OF EXCELLENCE IN THE FOLLOWING MANNER:
  A.  AN AMOUNT OF SIX HUNDRED FIFTY THOUSAND DOLLARS FOR PUBLIC LIBRARY
SYSTEMS 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. FUNDS SHALL BE AVAILABLE TO EACH SYSTEM IN SUCH MANNER
AS TO INSURE THAT THE RATIO OF THE STATE AID FOR PROGRAMS OF  EXCELLENCE
SHALL  NOT  EXCEED  THE RATIO OF STATE AID RECEIVED BY EACH SYSTEM UNDER
PARAGRAPHS A, C, D, E AND O OF SUBDIVISION ONE OF  SECTION  TWO  HUNDRED
SEVENTY-THREE OF THIS PART;
  B.  AN AMOUNT OF FOUR HUNDRED FIFTY THOUSAND DOLLARS FOR REFERENCE AND
RESEARCH LIBRARY RESOURCES SYSTEMS ESTABLISHED PURSUANT TO  SECTION  TWO
HUNDRED  SEVENTY-TWO OF THIS PART AND OPERATING UNDER A PLAN APPROVED BY
THE COMMISSIONER. FUNDS SHALL BE AVAILABLE TO EACH SYSTEM IN SUCH MANNER
AS TO INSURE THAT THE RATIO OF THE STATE AID FOR PROGRAMS OF  EXCELLENCE
SHALL  NOT  EXCEED  THE RATIO OF STATE AID RECEIVED BY SUCH SYSTEM UNDER
PARAGRAPH A OF SUBDIVISION FOUR OF SECTION TWO HUNDRED SEVENTY-THREE  OF
THIS PART; AND
  C.  AN AMOUNT OF SIX HUNDRED FIFTY THOUSAND DOLLARS FOR SCHOOL LIBRARY
SYSTEMS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED EIGHTY-TWO  OF  THIS
PART  AND  OPERATING  UNDER  A PLAN APPROVED BY THE COMMISSIONER.  FUNDS
SHALL BE AVAILABLE TO EACH SYSTEM IN SUCH MANNER AS TO INSURE  THAT  THE
RATIO  OF  THE STATE AID FOR PROGRAMS OF EXCELLENCE SHALL NOT EXCEED THE
RATIO OF STATE AID RECEIVED BY EACH SYSTEM UNDER PARAGRAPHS A, B, C  AND
D OF SUBDIVISION ONE OF SECTION TWO HUNDRED EIGHTY-FOUR OF THIS PART.
  3.  IN  THE  STATE FISCAL YEAR TWO THOUSAND NINE--TWO THOUSAND TEN AND
THEREAFTER, THE NEW YORK STATE LIBRARY SHALL BE ENTITLED TO RECEIVE EACH
YEAR THE SUM OF TWO HUNDRED FIFTY THOUSAND DOLLARS FOR THE ESTABLISHMENT
AND IMPLEMENTATION OF A  STATEWIDE  PROGRAM  OF  EXCELLENCE  IN  LIBRARY
SERVICES  FOR  LIBRARY SYSTEMS AND THE MEMBER LIBRARIES AND DISTRICTS OF
SUCH SYSTEMS. SUCH STATEWIDE SERVICES MAY INCLUDE, BUT ARE  NOT  LIMITED
TO  TECHNICAL ASSISTANCE AND TRAINING FOR LIBRARIES AND LIBRARY SYSTEMS,
PUBLICATIONS, COMMUNICATIONS AND PROGRAM  PLANNING,  IMPLEMENTATION  AND
EVALUATION.
  S  9. Subdivision 3 of section 99-l of the state finance law, as added
by chapter 303 of the laws of 2004, is amended to read as follows:
  3. Moneys of the fund,  following  appropriation  by  the  legislature
shall  be  expended  only  for the purposes of providing funding for the
statewide summer reading program set forth in subdivision [ten] THIRTEEN
of section two hundred seventy-three of the education law. Moneys  shall
be  paid  out  of  the  fund on the audit and warrant of the state comp-

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troller on vouchers approved and certified by the commissioner of educa-
tion. Any interest received by the comptroller on moneys on  deposit  in
the  love your library fund shall be retained in and become part of such
fund.
  S  10.  This act shall take effect April 1, 2009; provided that in the
event this act shall have become a law after such date, this  act  shall
take  effect  immediately and shall be deemed to have been in full force
and effect on and after April 1, 2009, and provided further that for the
purposes of computing the apportionments of  calendar  year  state  aid,
grants  or  other  financial assistance to libraries and library systems
for the 2009 calendar year, this act shall take effect  immediately  and
shall be deemed to have been in full force and effect on and after Janu-
ary 1, 2009.