§ 272 — Conditions under which library systems are entitled to state aid

§ 272. Conditions under which library systems are entitled to state\naid. 1. Public library systems. a. The term "public library system" as\nused in this article means:\n (1) A library established by one or more counties.\n (2) A group of libraries serving an area including one or more\ncounties in whole or in part.\n (3) A library of a city containing one or more counties.\n (4) A cooperative library system established pursuant to section two\nhundred fifty-five of this chapter, the plan of library service of any\nof which shall have been approved by the commissioner.\n b. The "area served" by a public library system for the purposes of\nthis article shall mean the area which the public library system\nproposes to serve in its approved plan of service. In determining the\npopulation of the area served by the public library system the\npopulation shall be deemed to be that shown by the latest federal census\nfor the political subdivisions in the area served. Such population shall\nbe certified in the same manner as provided by section fifty-four of the\nstate finance law except that such population shall include the\nreservation and school Indian population and incarcerated individuals of\nstate institutions under the direction, supervision or control of the\nstate department of corrections and community supervision, the state\ndepartment of mental hygiene and the state department of social welfare.\nIn the event that any of the political subdivisions receiving library\nservice are included within a larger political subdivision which is a\npart of the public library system the population used for the purposes\nof computing state aid shall be the population of the larger political\nsubdivision, provided however, that where any political subdivision\nwithin a larger political subdivision shall have taken an interim census\nsince the last census taken of the larger political subdivision, the\npopulation of the larger political subdivision may be adjusted to\nreflect such interim census and, as so adjusted, may be used until the\nnext census of such larger political subdivision. In the event that the\narea served is not coterminous with a political subdivision, the\npopulation of which is shown on such census, or the area in square miles\nof which is available from official sources, such population and area\nshall be determined, for the purpose of computation of state aid\npursuant to section two hundred seventy-three of this part by applying\nto the population and area in square miles of such political\nsubdivision, the ratio which exists between the assessed valuation of\nthe portion of such political subdivision included within the area\nserved and the total assessed valuation of such political subdivision.\n c. Members of a public library system shall be those public, free\nassociation, and Indian libraries located within the service area which\nhave been admitted to membership prior to July first, nineteen hundred\nseventy-eight, or which apply for and are granted membership subsequent\nto that date with the approval of the commissioner. No public library\nsystem shall be subject to any loss of benefits under these provisions\nwhere such system has made reasonable effort to prevent the unapproved\nwithdrawal of such library from the system and the system demonstrates,\nin a manner satisfactory to the commissioner, that the residents of the\narea encompassed by the withdrawing library will continue to benefit\nfrom the library services provided by the public library system.\n d. "Approved plan" as used in this article means a plan of library\nservice by a public library system approved by the commissioner\nsubsequent to May first, nineteen hundred fifty-eight.\n e. Approval shall not be given to a public library system unless it\nwill serve at least two hundred thousand people or four thousand square\nmiles of area, provided, however, that provisional approval may be given\nto a public library system which will serve at least fifty thousand\npersons provided the area served includes three or more political\nsubdivisions and provided further that a satisfactory plan of expansion\nof service to be followed during the ensuing five-year period is adopted\nby such library system and approved by the commissioner.\n f. The board of trustees of the public library system shall submit to\nthe commissioner the plan of library service. Such plan shall be\nsupported by such information as the commissioner may require in the\nform prescribed by him.\n g. No such plan of library service shall be approved by the\ncommissioner unless he finds that it provides for the residents of the\narea served thereby a method conforming to the regulations of the\ncommissioner by which the participating libraries are obligated to\npermit the loan of books and material among members of the system for\nuse on the same basis permitted by the library which owns or controls\nthem.\n h. The commissioner shall by regulation provide the standard of\nservice with which such a public library system must comply. Such\nregulations shall, among other things, relate to the total book stock;\nthe diversity of such book stock with respect to general subjects and\ntype of literature, provided that such regulations shall not, directly\nor indirectly, prohibit the inclusion of a particular book, periodical\nor material or the works of a particular author or the expression of a\nparticular point of view; annual additions to book stock; circulation of\nbook stock; maintenance of catalogues; number and location of libraries\nor branch libraries; hours of operation and number and qualifications of\npersonnel, necessary to enable a public library system to render\nadequate service. Such regulations may establish standards which differ\non the basis of population; density of population; the actual valuation\nof the taxable property within the area served; the condition of library\nfacilities in existence on April first, nineteen hundred fifty-seven;\nthe amount raised by taxation by or for the area served; the relation of\nsuch amount to population and actual value of the property taxed; the\nrelation of the amount of funds received by a public library sytem from\nlocal taxes to that derived from private contributions; or on such other\nbasis as the commissioner finds necessary to provide for the equitable\ndistribution of state aid.\n i. Each public library system receiving state aid pursuant to this\nsection and section two hundred seventy-three shall furnish such\ninformation regarding its library service as the commissioner may from\ntime to time require to discharge his duties under such sections. The\ncommissioner may at any time revoke his approval of a plan of library\nservice if he finds that the public library system operating under such\nplan no longer conforms to the provisions of this section or the\nregulations promulgated by the commissioner hereunder; or, in the case\nof provisional approval, if such library system no longer conforms to\nthe agreement, plans or conditions upon which such provisional approval\nwas based. In such case a public library system shall not thereafter be\nentitled to state aid pursuant to this section or section two hundred\nseventy-three unless and until its plan of library service is again\napproved by the commissioner.\n j. (1) In the event that the sum total of local sponsor support raised\nby local taxation exclusive of the sum raised for capital expenditures\nfor the support of a public library system and participating libraries\nin a twelve month period is less than ninety-five per centum of the\naverage of the amounts raised for such purposes by local taxation for\nthe two preceding twelve month periods, the state aid to which such\nlibrary system would otherwise be entitled shall be reduced by\ntwenty-five per centum. Such state aid shall likewise be reduced by\ntwenty-five per centum in the event that the public library system shall\nrefuse after reasonable notice to make provision for the expansion of\nthe area served in accordance with the regulations of the commissioner.\nUpon receipt of annual systems and participating libraries activity\nreports satisfactory to the commissioner, the commissioner shall\ndetermine the amount of any underpayment or overpayments related to\nmaintenance of effort and shall apply such adjustment to the next annual\npayment due such library system. In the first year in which any library\nsystem changes its reporting from the calendar year to a fiscal year\nother than the calendar year, it shall file any additional reporting\nschedules deemed necessary by the commissioner for the purpose of\ndetermining maintenance of effort as required herein, in order that no\nperiod of time shall be exempt from such requirement.\n (2) In the event that the total sum raised by local taxation,\nexclusive of the sum raised for capital expenditures, for the support of\na central library of a public library system in a twelve month period,\nis less than ninety-five per centum of the average of the amounts raised\nfor such purposes by local taxation for the two preceding twelve month\nperiods, the state aid to which such library system would otherwise be\nentitled for the development of its central library shall be reduced by\ntwenty-five per centum. Upon receipt of annual central library activity\nreports satisfactory to the commissioner, the commissioner shall\ndetermine the amount of any underpayment or overpayments related to\nmaintenance of effort and shall apply such adjustment to the next annual\npayment due such library system. In the first year in which any library\nsystem changes its reporting from the calendar year to a fiscal year\nother than the calendar year, it shall file any additional reporting\nschedules deemed necessary by the commissioner for the purpose of\ndetermining maintenance of effort as required herein, in order that no\nperiod of time shall be exempt from such requirement.\n (3) The commissioner may waive the requirements of subparagraphs one\nand two of this paragraph, if the commissioner determines that the\napplication of such subparagraphs would result in excessive hardship for\nthe public library system or central library brought about by an\nextraordinary change in a local sponsor's economic condition, loss by a\nlocal sponsor of state aid to local governments provided under section\nfifty-four of the state finance law, or by a natural disaster. The\ncommissioner may grant such waiver for a period of up to three\nconsecutive calendar years. The commissioner shall report any waivers\ngranted under this subparagraph to the speaker of the assembly, the\ntemporary president of the senate, the chairs of the legislative fiscal\ncommittees and the director of the division of the budget.\n (4) A "local sponsor" shall mean any municipality, district or school\ndistrict, as defined in the general municipal law, or any combination\nthereof.\n k. In promulgating regulations and approving, rejecting or revoking\nplans of library service pursuant to this section, consideration shall\nbe given to:\n (1) The prevention of unreasonable discrimination among the persons\nserved by such public library system.\n (2) The need for rapid expansion of library facilities in areas not\nnow served.\n (3) The need of each public library system for the professional\nservices of an adequate number of librarians having, in addition to\ngeneral familiarity with literature, special training with respect to\nbook selection and organization for library use.\n (4) The need for a book stock sufficient in size and varied in kind\nand subject matter.\n (5) The need for regular fresh additions to book stock.\n (6) The need for adequate books, materials and facilities for research\nand information as well as for recreational reading.\n (7) The need for libraries, branches, and other outlets convenient in\nlocation, and with adequate hours of service.\n (8) The desirability for the integration of existing libraries and new\nlibraries into systems serving a sufficiently large population to\nsupport adequate library service at a reasonable cost.\n (9) The need for the economic and efficient utilization of public\nfunds.\n (10) The need for full utilization of local pride, responsibility,\ninitiative and support of library service and the use of state aid in\ntheir stimulation but not as their substitute.\n (11) The needs of special populations.\n l. Each public library system shall provide access to the internet in\ndesignated libraries located within their systems for the purpose of\nconnecting residents of this state who are serving in the military on\nactive duty in a combat theater or combat zone of operations to spouses,\ndomestic partners, children, including adopted, step, or foster\nchildren, and parents, including those who stood in the relationship of\na parent to the serviceperson for one year or more, at any time prior to\nthe serviceperson's entry into active military service.\n (1) Each public library system shall assign within its system six\ncomputer terminals with internet access for such use, and shall ensure\nthat each county within its system has a library with at least one\ncomputer terminal for such use.\n (2) Notwithstanding subparagraph one of this paragraph, in a library\nsystem containing a city with a population of one hundred twenty-five\nthousand or more individuals, at least two terminals shall be assigned\nwithin such city in a designated library or libraries that serve such\ncity. Furthermore, in a city with a population of one million or more,\nthere shall be at least ten terminals assigned in any county which is\nwholly contained within such city.\n (3) When determining which libraries are to be assigned computer\nterminals for such purpose, the system shall consider the location and\ncurrent availability of computer terminals with internet access. In the\nevent that within a public library system there are no libraries within\na county that have a computer with internet access, a computer with\ninternet access shall be provided by the department to the assigned\nlibrary within such county. Furthermore, in public library systems with\nfewer than six counties, when determining where additional terminals\nshould be assigned after terminals have been placed in each county\nwithin the system pursuant to subparagraphs one and two of this\nparagraph, such systems shall give priority to libraries that serve\nareas which support and maintain military bases or to libraries that\nserve the largest populations.\n 2. Reference and research library resources systems.\n a. The term "reference and research library resources system" as used\nin this article means a duly chartered educational institution resulting\nfrom the association of a group of institutions of higher education,\nlibraries, non-profit educational institutions, hospitals, and other\ninstitutions organized to improve reference and research library\nresources service. Such reference and research library resource systems\nmay be registered upon meeting the standards set forth by the\ncommissioner.\n b. The "area served" by a reference and research library resources\nsystem for the purposes of this article shall include not less than\nseven hundred fifty thousand persons, as based upon the latest approved\nfederal census, or not less than ten thousand square miles; and the\ndefined area of service shall:\n (1) Include more than one county; and\n (2) Respect the integrity of the area of service of a public library\nsystem; and\n (3) Constitute a service area effectively related to the availability\nof information resources and services and to the area of service of\nother reference and research library resources systems, as determined by\nthe commissioner.\n c. Membership in a reference and research library resources system.\n (1) The membership shall include at least four chartered\ndegree-granting institutions of higher education of the four year level\nwhose libraries meet departmental standards.\n (2) Membership shall also include either:\n (i) at least one chartered degree-granting institution of higher\neducation offering graduate programs for a masters degree whose library\nholds not less than two hundred seventy-five thousand volumes and\ncurrently receives not less than three thousand periodical titles, or\n (ii) a public library which holds not less than four hundred thousand\nadult volumes and currently receives not less than one thousand five\nhundred periodical titles.\n (3) The membership may also include approved public and school library\nsystems which are within the region served by the reference and research\nlibrary resources system.\n (4) A public library in Suffolk or Nassau county that provides service\nwithin the area served by the system except that no such public library\nwhich is not a member of a public library system shall be eligible for\nmembership in a reference and research library resources system.\n (5) A reference and research library resources system may set its own\nminimum standards for membership consistent with regulations of the\ncommissioner, except that;\n (i) any chartered institution of higher education whose library meets\nthe departmental standards shall be eligible for membership, and\n (ii) any chartered institution of higher education whose library does\nnot meet the departmental standards may not be eligible for membership\nunless it submits to the department a five-year plan for the realization\nof the standards, the plan bearing the signed approval of the head\nlibrarian, the president, and the academic dean of the institution, and\n (iii) any hospital whose library meets the standards established by\nthe regents in accordance with section two hundred fifty-four of this\narticle shall be eligible for membership, and\n (iv) any hospital whose library does not meet the standards\nestablished by the regents will not be eligible for membership unless it\nsubmits to the commissioner a five year plan for the realization of the\nstandards, such plan bearing the signed approval of the head of the\ngoverning board of such hospital.\n (6) The member institutions of each reference and research library\nresources system shall be broadly representative of the chartered\neducational agencies, nonprofit organizations, hospitals and other\nspecial libraries providing library service within the defined area of\nservices of the system.\n d. Plan of service.\n (1) The reference and research library resources system shall submit a\nplan of service to the commissioner for approval, in a form to be\nprescribed by the commissioner to cover resources, needs, proposed\nprogram, budget, contractual agreements, and any other information which\nthe commissioner may require.\n (2) The plan of service must show the manner in which the reference\nand research library resources system will improve the library resources\nand services presently available in the area to the research community,\nincluding improved reader access.\n (3) The plan of service shall indicate the manner in which the\nreference and research library resources system strengthens the library\nprograms of its members and the manner in which the system program is\nrelated to appropriate regional programs in higher education.\n (4) The plan of service shall identify the resources and needs of each\nhospital library, or library serving hospitals and show the manner in\nwhich the reference and research library resources system will improve\nhospital library services and in which it will assist each hospital\nlibrary which does not meet the regents' standards to attain such\nstandards and will assist each non-member hospital library or library\nserving a hospital to attain membership in the system.\n e. The commissioner shall by regulation establish the standard of\nservice to be met by such a reference and research library resources\nsystem.\n f. Each reference and research library resources system receiving\nstate aid pursuant to this section and section two hundred seventy-three\nof this article shall furnish such information regarding its library\nservice as the commissioner may from time to time require to discharge\nhis duties under such sections. The commissioner may at any time revoke\nhis approval of a plan of library service if he finds that the library\nsystem operating under such plan no longer conforms to the provisions of\nthis section or the regulations promulgated by the commissioner\nhereunder. In such case a library system shall not thereafter be\nentitled to state aid pursuant to this section and section two hundred\nseventy-three of this article unless and until its plan of library\nservice is again approved by the commissioner.\n g. In promulgating regulations and approving, rejecting or revoking\nplans of library service pursuant to this section, consideration shall\nbe given to:\n (1) The prevention of unreasonable discrimination among the persons\nserved by such library system;\n (2) The need for regional resources of sufficient size and varied in\nkind and subject matter;\n (3) The need for adequate books, materials (print and non-print) and\nfacilities for research and information;\n (4) The need for outlets convenient in time and place for the sharing\nof library materials;\n (5) The need for the economic and efficient utilization of public\nfunds;\n (6) The need for full utilization of local responsibility, initiative\nand support of library service and the use of state aid in their\nstimulation but not as their substitute.\n (7) The need for adequate books, materials, including both print and\nnon-print materials, and facilities for current medical information\nservices to be provided each hospital.\n