NY State Senate Bill 2019-S7285

Senate Bill S7285

2019-2020 Legislative Session

Relates to requiring members of a board of trustees of public, free association and Indian libraries to complete two hours of continuing education per year

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2020	referred to education

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2019-S7285 (ACTIVE) - Details

See Assembly Version of this Bill:: A9551
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §260-d, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S4435, A6121

2019-S7285 (ACTIVE) - Summary

Requires members of a board of trustees of public, free association and Indian libraries to complete two hours of continuing education per year.

2019-S7285 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7285

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring members of a
board of trustees of public, free association and Indian libraries to
complete two hours of continuing education per year

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill requires board of trustee members to complete a minimum of two
hours of continuing education credits per year.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the education law by adding a new section
260-d to require members of boards of trustees of certain libraries to
annually receive two hours of in-person or online education that
addresses the powers, functions, and duties of libraries and boards; the
financial oversight, accountability, and fiduciary responsibilities of

library boards; and the laws and regulations that govern public, free
association, and Indian libraries. This requirement commences in 2021.

Subsection one defines terms.

Subsection two provides that the education requirement commences January
1, 2020; describes the subjects that the instruction may entail; and
identifies acceptable formats of instruction.

Subsection three sets forth the methods for demonstrating compliance.

Subsection four sets forth the ramifications for noncompliance.

Subsection five sets forth the allowance for and process of requesting a
variance.

Section two provides the effective date.

 
JUSTIFICATION:

Over 6,000 library trustees in New York State are responsible for
governing 756 local public libraries with 1,100 facilities. Library
trustees are required by law to be good stewards of $1.4 billion in
public and private annual income and several billion dollars of critical
public assets such as library buildings and equipment.

New York is a diverse state and the scope of this responsibility is wide
ranging, from diverse urban libraries serving millions of people with
budgets over $100 million to rural libraries serving small, geograph-
ically isolated communities with budgets of less than $10,000. Regard-
less of the size of the community, size of the library or size of the
library's budget, library board members need basic training.

Library governance grows increasingly more complex every year, and
library board members need training throughout their service in order to
understand and effectively carry out their mandated duties and responsi-
bilities and to be accountable for the appropriate use of public funds.

Public and association library trustees and board members are an essen-
tial element in providing oversight and guidance to help maintain the
effective and efficient administration of a local library. Library board
members, who are versed in the powers, functions and duties of their
positions, including their fiduciary responsibilities, will be better
able to provide effective oversight and help a library meet its mission
and be accountable to the local community, thereby protecting the public
interest.

There are no ongoing, comprehensive State-approved education or training
programs for appointed or elected library trustees in New York State to
inform them as to their fiscal oversight and stewardship responsibil-
ities and to provide them with the current information and tools neces-
sary to successfully carry out this critical policy and fiscal oversight
role.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
Immediately

2019-S7285 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7285
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 members of a
   board of trustees of public, free association and Indian libraries  to
   complete two hours of continuing education per year
 
   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  260-d
 to read as follows:
   § 260-D. BOARD  OF  TRUSTEES CONTINUING EDUCATION. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "TRUSTEE EDUCATION" SHALL MEAN THE  INSTRUCTION,  IN-PERSON  AND/OR
 ONLINE,  FOR MEMBERS OF A BOARD OF TRUSTEES OF A REGISTERED PUBLIC, FREE
 ASSOCIATION OR INDIAN LIBRARY THAT ADDRESSES THE POWERS,  FUNCTIONS  AND
 DUTIES  OF  LIBRARY  BOARDS, THE FINANCIAL OVERSIGHT, ACCOUNTABILITY AND
 FIDUCIARY RESPONSIBILITIES OF LIBRARY BOARDS, AND THE  LAWS,  RULES  AND
 REGULATIONS THAT GOVERN PUBLIC, FREE ASSOCIATION AND INDIAN LIBRARIES.
   B.  "ANNUAL  BASIS"  SHALL  MEAN  WITHIN  THE TWELVE-MONTH PERIOD OF A
 MEMBER'S FULL TERM OF OFFICE, IN ACCORDANCE WITH THE PROVISIONS  OF  THE
 LIBRARY'S ENABLING LEGISLATION, INCORPORATION AND BOARD-APPROVED BYLAWS.
   C.  "APPROVED  PROVIDER"  SHALL  MEAN  AN  INSTITUTION OR ORGANIZATION
 DESIGNATED AS ELIGIBLE TO PROVIDE TRUSTEE EDUCATION IN  ACCORDANCE  WITH
 THE REQUIREMENTS OF THIS SECTION. SUCH APPROVED PROVIDERS SHALL INCLUDE:
   (1) A PUBLIC LIBRARY SYSTEM;
   (2) A STATE OR NATIONAL LIBRARY ASSOCIATION;
   (3) A STATE OR NATIONAL ASSOCIATION OF LIBRARY TRUSTEES;
   (4) THE DEPARTMENT; AND
   (5)  ANY  OTHER INSTITUTION OR ORGANIZATION APPROVED BY THE DEPARTMENT
 OR BY THE PUBLIC LIBRARY SYSTEM OF WHICH THE LIBRARY IS A MEMBER.
   2. A. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE,  EACH  MEMBER,
 ELECTED  OR  APPOINTED,  OF  A BOARD OF TRUSTEES OF A REGISTERED PUBLIC,
 FREE ASSOCIATION OR INDIAN LIBRARY SHALL BE REQUIRED TO COMPLETE A MINI-
 MUM OF TWO HOURS OF  TRUSTEE  EDUCATION  ON  AN  ANNUAL  BASIS  FROM  AN
 APPROVED PROVIDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14593-02-0

 S. 7285                             2
 
   B.  SUCH  TRUSTEE EDUCATION SHALL CONSIST OF INSTRUCTION AND/OR ACTIV-
 ITIES IN THE FOLLOWING SUBJECTS:
   (1) BOARD DEVELOPMENT;
   (2) BUDGET DEVELOPMENT AND/OR FINANCES;
   (3) FINANCIAL OVERSIGHT;
   (4) HUMAN RESOURCES AND PERSONNEL;
   (5) LIBRARY BOARD ORGANIZATION AND MEETINGS;
   (6) LIBRARY POLICIES;
   (7) STATE LAWS, RULES AND REGULATIONS THAT AFFECT LIBRARIES;
   (8) PUBLIC RELATIONS AND ADVOCACY;
   (9) STRATEGIC PLAN AND RELATED TOPICS; AND
   (10)  ANY  OTHER  SUBJECT AREAS DEEMED RELEVANT TO THE GOVERNANCE OF A
 LIBRARY.
   C. SUCH TRUSTEE EDUCATION SHALL BE DELIVERED BY AN  APPROVED  PROVIDER
 IN AN APPROVED FORMAT, INCLUDING:
   (1) IN-PERSON LECTURES, WORKSHOPS, COURSES, SEMINARS OR INSTITUTES;
   (2)  LIVE  OR SELF-PACED ONLINE LECTURES, WORKSHOPS, COURSES, SEMINARS
 OR INSTITUTES;
   (3)  REGIONAL,  STATE  OR  NATIONAL  LIBRARY  ASSOCIATION   CONFERENCE
 PROGRAMS;
   (4) STATE OR NATIONAL LIBRARY TRUSTEE ASSOCIATION CONFERENCE PROGRAMS;
 AND
   (5)  ANY  OTHER  FORMAT  OR COMBINATION OF FORMATS, AS APPROVED BY THE
 DEPARTMENT OR BY THE PUBLIC LIBRARY SYSTEM OF WHICH  THE  LIBRARY  IS  A
 MEMBER.
   3.  A.  EACH MEMBER SHALL DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS
 OF THIS SECTION BY FILING WITH THE PRESIDENT OF THE  BOARD  OF  TRUSTEES
 EVIDENCE  OF  THE  COMPLETION OF AT LEAST TWO HOURS OF TRUSTEE EDUCATION
 FROM AN APPROVED PROVIDER.  SUCH  EVIDENCE  SHALL  INCLUDE  ONE  OF  THE
 FOLLOWING:
   (1)  CERTIFICATES OF COMPLETION ISSUED BY ONE OR MORE APPROVED PROVID-
 ERS; OR
   (2) A SIGNED SELF-ASSURANCE OF COMPLETION. SUCH ASSURANCE SHALL  IDEN-
 TIFY  THE  APPROVED  TRUSTEE  EDUCATION  PROVIDERS, A DESCRIPTION OF THE
 FORMAT AND CONTENT OF THE COMPLETED INSTRUCTION ACTIVITIES, THE DATE AND
 TIME SUCH MEMBER BEGAN AND COMPLETED EACH INSTRUCTION  ACTIVITY  AND  AN
 EXPLANATION  OF  WHY  A CERTIFICATE OF COMPLETION WAS NOT AVAILABLE FROM
 SUCH APPROVED PROVIDERS.
   B. THE PRESIDENT OF THE BOARD OF TRUSTEES SHALL CERTIFY TO THE DEPART-
 MENT ON AN ANNUAL BASIS THAT EACH MEMBER OF THE BOARD HAS COMPLETED  THE
 REQUIRED  ANNUAL  HOURS  OF  TRUSTEE EDUCATION PURSUANT TO THIS SECTION.
 SUCH CERTIFICATION SHALL BE SUBMITTED TO THE DEPARTMENT  ON  THE  REPORT
 REQUIRED BY SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE.
   4.  A.  THE  OFFICE  OF ANY MEMBER OF A BOARD OF TRUSTEES WHO FAILS TO
 DEMONSTRATE COMPLIANCE WITH THE TRUSTEE  EDUCATION  REQUIREMENTS  ESTAB-
 LISHED  BY THIS SECTION FOR TWO CONSECUTIVE YEARS SHALL AUTOMATICALLY BE
 DEEMED VACANT. ANY MEMBER WHOSE OFFICE HAS BEEN  DEEMED  VACANT  DUE  TO
 FAILURE  TO DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
 SHALL ONLY BE ELIGIBLE (1) FOR REAPPOINTMENT TO SUCH  OFFICE  AFTER  THE
 EXPIRATION  OF SUCH MEMBER'S VACATED TERM, OR (2) TO RUN FOR SUCH OFFICE
 AGAIN AT THE NEXT ELECTION.
   B. FAILURE OF THE BOARD OF TRUSTEES OF  ANY  REGISTERED  PUBLIC,  FREE
 ASSOCIATION  OR  INDIAN  LIBRARY  TO  DEMONSTRATE  COMPLIANCE  WITH  THE
 REQUIREMENTS OF THIS SECTION SHALL BE DEEMED  A  VALID  REASON  FOR  THE
 RESCINDING OR SUSPENSION OF SUCH LIBRARY'S REGISTRATION.

 S. 7285                             3
 
   5.  IF CIRCUMSTANCES OVER WHICH ANY PUBLIC, FREE ASSOCIATION OR INDIAN
 LIBRARY HAS NO CONTROL PREVENT THE BOARD OF TRUSTEES  FROM  MEETING  THE
 REQUIREMENTS  OF  THIS SECTION, SUCH BOARD MAY APPLY FOR A VARIANCE. THE
 APPLICATION FOR SUCH VARIANCE SHALL BE SUBMITTED TO  THE  DEPARTMENT  BY
 THE PUBLIC LIBRARY SYSTEM OF WHICH SUCH BOARD IS A MEMBER AND IN A TIME-
 LY  MANNER AS PRESCRIBED BY THE COMMISSIONER. NO VARIANCE GRANTED PURSU-
 ANT TO THIS SUBDIVISION SHALL BE DEEMED TO RELIEVE A PUBLIC, FREE  ASSO-
 CIATION  OR  INDIAN LIBRARY OF ANY OTHER OBLIGATION IMPOSED BY ANY OTHER
 PROVISIONS OF FEDERAL OR STATE LAW.
   § 2. This act shall take effect immediately.

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