S T A T E   O F   N E W   Y O R K
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                                  5332

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee on Libraries and Education Technology

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
              

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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-

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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.