NY State Senate Bill 2021-S4435B

Senate Bill S4435B

Signed By Governor

2021-2022 Legislative Session

Requires members of a board of trustees of public, free association and Indian libraries to complete two hours of trustee education annually

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 08, 2021	signed chap.468
Sep 28, 2021	delivered to governor
Jun 08, 2021	returned to senate passed assembly ordered to third reading rules cal.573 substituted for a6121b
Jun 07, 2021	referred to ways and means delivered to assembly passed senate
Jun 01, 2021	amended on third reading (t) 4435b
May 24, 2021	amended on third reading (t) 4435a
May 03, 2021	advanced to third reading
Apr 28, 2021	2nd report cal.
Apr 27, 2021	1st report cal.804
Feb 09, 2021	committee discharged and committed to libraries
Feb 04, 2021	referred to education

Votes

- Jun 7, 2021 - Floor Vote
  S4435B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Apr 27, 2021 - Libraries Committee Vote
  S4435B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Libraries Committee Vote: Apr 27, 2021
      
      aye (7)
      
      Brisport
      
      Brooks
      
      Hoylman-Sigal
      
      Jordan
      
      Ryan
      
      Serrano
      
      Stec

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S4435 - Details

See Assembly Version of this Bill:: A6121
Law Section:: Education Law
Laws Affected:: Add §260-d, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S7285, A9551

2021-S4435 - Summary

Requires members of a board of trustees of public, free association and Indian libraries to complete two hours of trustee education annually.

2021-S4435 - Sponsor Memo

                                
 
BILL NUMBER: S4435

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:

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 $1 09 'pillion to rural libraries serving small, geograph-
ically isolated communities with budget or less than $10,000. Regardless
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:

2019-2020 - S.7285 (May) Referred to Education /A.9551 (Ryan) Referred
to Libraries and Education Technology

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act takes effect immediately

2021-S4435 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4435
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 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-TWO,  EACH  MEMBER,
 ELECTED  OR  APPOINTED,  OF  A BOARD OF TRUSTEES OF A REGISTERED PUBLIC,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04722-01-1

 S. 4435                             2
 
 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.
   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

 S. 4435                             3
 
 REQUIREMENTS  OF  THIS  SECTION  SHALL  BE DEEMED A VALID REASON FOR THE
 RESCINDING OR SUSPENSION OF SUCH LIBRARY'S REGISTRATION.
   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.

co-Sponsors

2021-S4435A - Details

See Assembly Version of this Bill:: A6121
Law Section:: Education Law
Laws Affected:: Add §260-d, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S7285, A9551

2021-S4435A - Summary

Requires members of a board of trustees of public, free association and Indian libraries to complete two hours of trustee education annually.

2021-S4435A - Sponsor Memo

                                
 
BILL NUMBER: S4435A

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 ten hours of trustee education per term

 
PURPOSE OR GENERAL IDEA OF THE 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,
beginning January 1, 2023, to complete a minimum of ten hours of trustee
education over the course of their term, not to exceed three hours annu-
ally, of in-person or online education that addresses the financial

oversight, accountability, and fiduciary responsibilities and the gener-
al power and duties of library trustees. Each member must demonstrate
compliance with this section by filing evidence with the president of
the library's board of trustee.

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:

2019-2020 - S.7285 (May) Referred to Education /A.9551 (Ryan) Referred
to Libraries and Education Technology

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act takes effect immediately

2021-S4435A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4435--A
     Cal. No. 804
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  JORDAN,  SKOUFIS  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  -- committee discharged and said bill committed to the Committee
   on Libraries -- reported favorably from  said  committee,  ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 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 ten hours of trustee education per term
 
   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.  BEGINNING JANUARY
 FIRST,  TWO THOUSAND TWENTY-THREE, EACH MEMBER, ELECTED OR APPOINTED, OF
 A BOARD OF TRUSTEES OF A PUBLIC,  FREE  ASSOCIATION  OR  INDIAN  LIBRARY
 SHALL  BE  REQUIRED TO COMPLETE A MINIMUM OF TEN HOURS OF TRUSTEE EDUCA-
 TION PER TERM, NOT TO EXCEED  THREE  HOURS  ANNUALLY,  FROM  A  PROVIDER
 APPROVED BY THE COMMISSIONER ON THE FINANCIAL OVERSIGHT, ACCOUNTABILITY,
 FIDUCIARY  RESPONSIBILITIES  AND  THE  GENERAL  POWERS  AND  DUTIES OF A
 LIBRARY TRUSTEE. SUCH TRUSTEE EDUCATION MAY BE DELIVERED  ONLINE  OR  IN
 PERSON,  AND  MAY  INCLUDE  LECTURES,  WORKSHOPS,  REGIONAL  OR NATIONAL
 LIBRARY ASSOCIATION PROGRAMS,  OR  ANY  OTHER  FORMAT  APPROVED  BY  THE
 COMMISSIONER.
   2.  EACH  MEMBER SHALL DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF
 THIS SECTION BY FILING WITH THE  PRESIDENT  OF  THE  BOARD  OF  TRUSTEES
 EVIDENCE  OF  COMPLETION OF TRUSTEE EDUCATION FROM AN APPROVED PROVIDER.
 ACTUAL AND NECESSARY EXPENSES INCURRED BY A TRUSTEE OR MEMBER IN COMPLY-
 ING WITH THIS SECTION SHALL BE A  CHARGE  AGAINST  THE  LIBRARY.    SUCH
 EVIDENCE SHALL INCLUDE ONE OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04722-03-1

 S. 4435--A                          2
 
   (A)  CERTIFICATES OF COMPLETION ISSUED BY ONE OR MORE APPROVED PROVID-
 ERS; OR
   (B)  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.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S4435B (ACTIVE) - Details

See Assembly Version of this Bill:: A6121
Law Section:: Education Law
Laws Affected:: Add §260-d, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S7285, A9551

2021-S4435B (ACTIVE) - Summary

Requires members of a board of trustees of public, free association and Indian libraries to complete two hours of trustee education annually.

2021-S4435B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4435B

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 trustee education annually

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill requires library board of trustee members to complete a mini-
mum of two hours of trustee education annually.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the education law by adding a new section
260-d to require members of a board of trustees of a public, free asso-
ciation or Indian library, beginning January 1, 2023, to complete a
minimum of two hours of trustee education annually from a provider
approved by the commissioner that addresses the financial oversight,

accountability, and fiduciary responsibilities and the general power and
duties of library trustees. Each member must demonstrate compliance with
this section by filing evidence with the president of the library's
board of trustee.

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, geographically isolated
communities with budgets of less than $10,000.  Regardless 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 responsibilities and to be account-
able 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:

2019-2020 - S.7285 (May) Referred to Education JA.9551 (Ryan) Referred
to Libraries and Education Technology

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act takes effect immediately

2021-S4435B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4435--B
     Cal. No. 804
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  JORDAN,  SKOUFIS  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  -- committee discharged and said bill committed to the Committee
   on Libraries -- reported favorably from  said  committee,  ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  again  amended  and  ordered reprinted, retaining its place in the
   order of third reading
 
 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 trustee education annually
 
   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.  BEGINNING JANUARY
 FIRST,  TWO THOUSAND TWENTY-THREE, EACH MEMBER, ELECTED OR APPOINTED, OF
 A BOARD OF TRUSTEES OF A PUBLIC,  FREE  ASSOCIATION  OR  INDIAN  LIBRARY
 SHALL  BE  REQUIRED TO COMPLETE A MINIMUM OF TWO HOURS OF TRUSTEE EDUCA-
 TION ANNUALLY, FROM A PROVIDER  APPROVED  BY  THE  COMMISSIONER  ON  THE
 FINANCIAL  OVERSIGHT, ACCOUNTABILITY, FIDUCIARY RESPONSIBILITIES AND THE
 GENERAL POWERS AND DUTIES OF A LIBRARY TRUSTEE. SUCH  TRUSTEE  EDUCATION
 MAY  BE  DELIVERED  ONLINE OR IN PERSON, AND MAY INCLUDE LECTURES, WORK-
 SHOPS, REGIONAL OR NATIONAL LIBRARY ASSOCIATION PROGRAMS, OR  ANY  OTHER
 FORMAT APPROVED BY THE COMMISSIONER.
   2.  EACH  MEMBER SHALL DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF
 THIS SECTION BY FILING WITH THE  PRESIDENT  OF  THE  BOARD  OF  TRUSTEES
 EVIDENCE  OF  COMPLETION OF TRUSTEE EDUCATION FROM AN APPROVED PROVIDER.
 ACTUAL AND NECESSARY EXPENSES INCURRED BY A  MEMBER  IN  COMPLYING  WITH
 THIS SECTION SHALL BE A CHARGE AGAINST THE LIBRARY.  SUCH EVIDENCE SHALL
 INCLUDE ONE OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04722-05-1

 S. 4435--B                          2
 
   (A)  CERTIFICATES OF COMPLETION ISSUED BY ONE OR MORE APPROVED PROVID-
 ERS; OR
   (B)  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.
   § 2. This act shall take effect immediately.

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Senate Bill S4435B

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Sponsored By

Rachel May

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Daphne Jordan

James Skoufis

2021-S4435 - Details

2021-S4435 - Summary

2021-S4435 - Sponsor Memo

2021-S4435 - Bill Text download pdf

co-Sponsors

Daphne Jordan

James Skoufis

2021-S4435A - Details

2021-S4435A - Summary

2021-S4435A - Sponsor Memo

2021-S4435A - Bill Text download pdf

co-Sponsors

Daphne Jordan

James Skoufis

2021-S4435B (ACTIVE) - Details

2021-S4435B (ACTIVE) - Summary

2021-S4435B (ACTIVE) - Sponsor Memo

2021-S4435B (ACTIVE) - Bill Text download pdf

Comments