§ 273 — Apportionment of state aid to libraries and library systems

§ 273. Apportionment of state aid to libraries and library systems. 1.\nAny public library system providing service under an approved plan\nduring a calendar year shall be entitled to receive during that calendar\nyear state aid consisting of the following amounts:\n a. An annual grant of:\n (1) Ten thousand dollars where the library system serves less than one\ncounty, or\n (2) Twenty thousand dollars where the library system serves one entire\ncounty, or\n (3) Where the library system serves more than one county the system\nshall be entitled to receive twenty-five thousand dollars for each\nentire county served and/or ten thousand dollars for each county, any\npart of which is served by the library system. If an entire county is\nserved by two or more library systems, each of which serves a part\nthereof, each of such library systems shall be entitled to receive a\ngrant of ten thousand dollars and in addition, a pro rata share of an\nadditional sum of ten thousand dollars, such share to be computed in\naccordance with the ratio which the population of the area of the county\nserved by such library system bears to the total population of the\ncounty, as determined under subdivision one of section two hundred\nseventy-two of this article.\n b. In a library system which submits a plan for further development of\nand access to central library services, which plan shall be approved by\nthe commissioner pursuant to the commissioner's regulations, the amount\nof central library services aid shall be:\n (1) thirty-two cents per capita of the population within the chartered\narea of service of such library system with a minimum amount of one\nhundred five thousand dollars, and\n (2) an additional seventy-one thousand five hundred dollars.\n (3) Ownership of library materials and equipment purchased with such\ncentral library services aid provided by this paragraph shall be vested\nin the public library system.\n c. The sum of one dollar and sixty-two cents per capita of population\nof the area served.\n d. Each public library system with an automation program to support\nbibliographic control and interlibrary sharing of information resources\nof member libraries, and to coordinate and integrate the automated\nsystem or systems of such member libraries consistent with regulations\nof the commissioner, shall be eligible to receive an amount equal to two\nand nine hundred thirty-eight thousandths percent of the amount earned\nin paragraph (c) of this subdivision, or seventy-six thousand five\nhundred dollars, whichever is more.\n e. The sum of fifty-two dollars per square mile of area served by the\nlibrary system in the case of library systems serving one county or\nless. Such sum shall be increased by five dollars for each additional\nentire county served, provided, however, that no apportionment pursuant\nto this paragraph shall exceed seventy-two dollars per square mile of\narea served. If an entire county is served by two or more library\nsystems, each of which serves a part thereof, each of such library\nsystems shall be entitled to receive, in addition to the aid computed in\naccordance with the foregoing provisions of this paragraph, a pro rata\nshare of an increase of five dollars to be computed as follows: the sum\nresulting from the computation of five dollars per square mile of area\nserved by the one of such library systems which would receive the\nlargest amount of aid pursuant to this paragraph shall be pro rated\namong the library systems serving such county in accordance with the\nratio which the population of the area served by each of such library\nsystems bears to the population of the county as determined under\nsubdivision one of section two hundred seventy-two of this article.\n f. (1) Local library services aid. Except in cities with a population\nin excess of one million inhabitants, each chartered and registered\npublic and free association library meeting standards of service\npromulgated by the commissioner, and each public or free association\nlibrary serving a city with a population of one hundred thousand or more\nwhich merged with the public library system on or before January first,\nnineteen hundred seventy-six and which meets standards of service\npromulgated by the commissioner, shall be eligible to receive annually\nthirty-one cents per capita of the population of the library's chartered\nservice area as on file with the commissioner on January first of the\ncalendar year for which aid is payable, or, thirty-one cents per capita\nof the population of the city with a population of one hundred thousand\nor more whose public or free association library merged with the public\nlibrary system on or before January first, nineteen hundred seventy-six,\nwith a minimum amount of one thousand five hundred dollars, except that\nno library shall receive less than the amount of local library services\naid received in two thousand one. Regulations of the commissioner shall\nprovide a method for establishing changes in chartered service areas or\ndetermining populations thereof. Local library services aid shall be\npaid to the system for distribution within thirty days of receipt to its\nmember libraries in accordance with this subdivision. Notwithstanding\nany contrary provisions of this subparagraph, the commissioner shall\nestablish procedures under which a public or free association library\nmay apply for a waiver of the requirements of the standards of service;\nprovided, however, that any such waivers may only be granted in the same\nyear in which the commissioner has apportioned a reduction adjustment.\n (2) Local services support aid. Except in cities with a population in\nexcess of one million inhabitants, each public library system operating\nunder an approved plan of service shall be eligible to receive annually\nlocal services support aid equal to two-thirds of the total dollar\namount paid in local library services aid to the member libraries of the\nsystem plus thirty-one cents per capita of the system's population who\ndo not reside within the chartered service area of a member library.\n (3) Local consolidated systems aid. In cities with a population in\nexcess of one million inhabitants, each public library system operating\nunder an approved plan of service shall be eligible to receive annually\nlocal consolidated system aid equal to the sum of (i) thirty-one cents\nper capita of the population served by the system, but not less than the\namount of local library incentive aid received in nineteen hundred\nninety-one as reported on the library's nineteen hundred ninety-one\nannual report; and (ii) an additional amount equal to two-thirds of the\ntotal dollar amount computed for the system pursuant to clause (i) of\nthis subparagraph.\n g. In addition to the sums otherwise provided in paragraphs a, b, c,\nd, e, f, h and i of this subdivision, the New York Public Library shall\nreceive six million four hundred sixteen thousand six hundred dollars\nfor the general support of its research libraries. In addition to any\nother sums provided to such library, the sum of two million dollars\nshall be payable annually to the New York Public Library for the general\nsupport of library services provided by the New York Public Library to\nthe students of the City University of New York and the sum of one\nmillion dollars shall be payable annually to the New York Public Library\nfor the general support of its science, industry and business library.\n h. (1) Coordinated outreach services. Each public library system which\nprovides coordinated outreach services, as defined by regulations to be\npromulgated by the commissioner, to persons who are educationally\ndisadvantaged or who are members of ethnic or minority groups in need of\nspecial library services, or who are unemployed and in need of job\nplacement assistance, or who live in areas underserved by a library, or\nwho are blind, physically disabled, have developmental or learning\ndisabilities, or who are aged or confined in institutions, or who are\nat-risk youth from birth to age twenty-one, shall be entitled to receive\nannually forty-three thousand dollars and thirteen cents per capita of\nthe total population of the area served.\n (2) In addition, each system serving a population of two million\ninhabitants or more shall receive an additional amount of forty-six\nthousand three hundred thirty-three dollars and each system serving a\npopulation of four hundred thousand inhabitants and less than two\nmillion inhabitants shall receive an additional amount of twenty-three\nthousand dollars and each system serving a population of less than four\nhundred thousand inhabitants shall receive an additional amount of\nfourteen thousand dollars.\n i. In addition to any other sums provided for such purposes, the New\nYork Public Library shall receive annually the sum of seven hundred\nthirty-four thousand dollars for the program of the Schomburg center for\nresearch in black culture, and the additional sum of nine hundred\neighty-four thousand dollars for the program of the library for the\nblind and physically handicapped.\n j. In addition to any other sums provided to such library, the sum of\ntwo hundred fifty thousand dollars shall be paid annually to the New\nYork Historical Society for making its library services available to the\npublic.\n k. In addition to any other sums provided to such library the sum of\nthree hundred fifty thousand dollars shall be payable annually to the\nBrooklyn Public Library for its business library for each calendar year.\n l. In addition to any other sums provided to such library, the sum of\nfifty thousand dollars shall be payable annually to the Buffalo and Erie\nCounty Public Library for a continuity of service project approved by\nthe commissioner for each calendar year.\n m. In addition to any other sums provided to such library system, the\nsum of thirty thousand dollars shall be payable annually to the Nassau\nlibrary system for a continuity of service project approved by the\ncommissioner for each calendar year.\n n. The minimum annual grant available to a library system under\nparagraphs a, c and e of this subdivision shall be six hundred\nseventy-five thousand dollars.\n 2. Within the amounts appropriated therefor moneys paid out pursuant\nto this section shall be paid out of the state treasury on vouchers\ncertified by the commissioner after audit by and upon the warrant of the\ncomptroller.\n 3. The commissioner may waive the requirement that a public library\nsystem serve an entire county to earn the maximum annual grant under\nsubparagraphs two and three of paragraph a of subdivision one of this\nsection and paragraphs b, c, e and h of subdivision one of this section\nwhere the commissioner deems reasonable effort has been made by the\nsystem to encourage membership by all libraries in the county.\n 4. Reference and research library resources system. a. (1) Any\nreference and research library resources system providing service under\nan approved plan during a calendar year shall be entitled to receive\nannual state aid consisting of an annual grant of:\n (i) Two hundred seventy thousand dollars plus the sum of one dollar\nand fifty cents per square mile of area served plus the sum of six cents\nper capita of the population of the area served; and\n (ii) Two hundred thousand dollars plus the sum of two cents per capita\nof the population of the area served.\n (2) Each system may annually appropriate funds received under this\nsubdivision to obtain matching funds from the National Endowment for the\nHumanities and other federal programs.\n (3) The annual amount payable to each approved system under this\nparagraph shall be payable on or before July first, provided that, upon\nreceipt of annual system activity reports satisfactory to the\ncommissioner, the commissioner shall determine the amount of any under-\nor overpayments and shall apply such adjustment to the next annual\npayment due such system.\n b. The commissioner is hereby authorized to expend up to five hundred\nsix thousand dollars annually in each state fiscal year to provide\nformula grants to approved reference and research library resources\nsystems for provision of consumer health and medical information\nservices for all types of libraries and library systems. Such grants\nshall assist libraries in providing access to timely and accurate\nmedical and health information for medical personnel and for the general\npublic. In addition to any other sum provided in this subdivision, each\nreference and research library resources system providing service under\nan approved plan with a consumer health and medical library information\nservices program for all types of libraries and library systems shall be\neligible to receive an annual formula grant. Such formula grants shall\nbe determined on the basis of criteria to be prescribed by the\ncommissioner. The commissioner shall provide the annual amount payable\nto each approved system under this paragraph in the following manner:\n (1) Funds shall be available to each reference and research library\nresources system in such manner as to insure that the ratio of the\namount each system is eligible to receive equals the weighted ratio of\nthe total number of institutions as defined in subparagraph two of this\nparagraph in the region served by the system to the total number of such\ninstitutions in the state.\n (2) For the purposes of determining the amount of funds available to\neach system, institutions and their weightings are as follows:\n (i) not-for-profit hospitals licensed by the New York state health\ndepartment, with a weighting of two;\n (ii) for-profit teaching hospitals licensed by the New York state\nhealth department, with an additional weighting of one; and\n (iii) member institutions of a reference and research library\nresources system, excluding public and hospital libraries, with a\nweighting of one.\n c. (1) The commissioner is hereby authorized to expend up to one\nmillion three hundred ninety-six thousand dollars in each state fiscal\nyear to provide formula grants to approved reference and research\nlibrary resources systems for provision of services to member hospital\nlibraries in not-for-profit hospitals licensed by the New York state\nhealth department, or to member libraries serving such hospitals. Such\nformula grants shall be determined on the basis of criteria to be\ndeveloped by the commissioner and shall assist member hospital libraries\nor member libraries serving hospitals in meeting the standards\nestablished by the regents in accordance with section two hundred\nfifty-four of this article. Such formula grants shall support\nintegration of member hospital libraries or member libraries serving\nhospitals into existing networks.\n (2) The commissioner shall provide grants to the reference and\nresearch library resources systems in the following manner:\n (a) an amount equal to seventy-five cents per square mile of area\nserved by the reference and research library resource system in\nfurtherance of the purposes of this paragraph, and\n (b) the remainder for library services to hospitals in accordance with\nregulations of the commissioner adopted for such purpose.\n 5. Coordinated collection development program for public and nonprofit\nindependent colleges and universities.\n a. Libraries of public and nonprofit independent colleges and\nuniversities are entitled to receive annual funding for a coordinated\ncollection development grant if they meet the following conditions:\n (1) Membership in a reference and research library resources system,\n (2) Their resources are made available to the public, through full\nparticipation in the interlibrary loan and other resource sharing\nprograms of the reference and research library resources system of which\nthey are members, and\n (3) They meet the requirements set forth in regulations adopted by the\ncommissioner including but not confined to\n (a) maintenance of effort,\n (b) relationships between reference and research library resources\nsystems' programs and the regional higher education master plan,\n (c) submission of interlibrary loan statistics, and such other reports\nas may be required by the commissioner.\n b. Public and nonprofit independent colleges and universities with\nlibraries which meet the criteria of paragraph a of this subdivision are\neligible for annual grants as follows:\n (1) Four thousand four hundred dollars for each institution, and\n (2) One dollar and four cents for each full-time equivalent student\nenrolled in each qualifying institution, in the academic year completed\nprior to the state fiscal year. For purposes of this section, a\nfull-time equivalent shall be calculated as follows:\n (i) one full-time undergraduate student shall be considered one\nfull-time equivalent student;\n (ii) one part-time undergraduate student shall be considered one-third\nof a full-time equivalent student;\n (iii) one part-time graduate student shall be considered one full-time\nequivalent student; and\n (iv) one full-time graduate student shall be considered one and\none-half of a full-time equivalent student.\n c. Funds for the support of this program shall be appropriated to the\ndepartment, except that funds for the state-operated institutions of the\nstate university of New York and the senior colleges of the city\nuniversity of New York, shall be appropriated to the state university of\nNew York out of any moneys in the state treasury in the general fund to\nthe credit of the state purposes fund not otherwise appropriated, and\nfunds shall be appropriated to the city university of New York out of\nany moneys in the state treasury in the general fund to the credit of\nthe local assistance fund not otherwise appropriated, and shall be\nsubject to the same distribution formula as provided in paragraph b of\nthis subdivision.\n 6. Conservation and preservation of library research materials. a.\nThe commissioner shall award in any academic year, an annual formula\ngrant of one hundred fifty-eight thousand dollars for a program of\nconservation and/or preservation of library research materials to each\nof the following comprehensive research libraries: Columbia university\nlibraries, Cornell university libraries, New York state library, New\nYork university libraries, university of Rochester libraries, Syracuse\nuniversity libraries, the research libraries of the New York public\nlibrary, state university of New York at Albany library, state\nuniversity of New York at Binghamton library, state university of New\nYork at Buffalo library, and state university of New York at Stony Brook\nlibrary.\n b. To be eligible for such formula grants, each such comprehensive\nresearch library must submit both a five-year plan and an annual program\nbudget. The plan must satisfy criteria to be established by the\ncommissioner in regulations relating to the identification of library\nresearch materials, the need for their preservation, and the means of\ntheir conservation.\n c. Other agencies and libraries, as defined in regulations promulgated\nby the commissioner, which are not eligible for funding under paragraph\na of this subdivision, may receive separate grants the sum of which\nshall not exceed five hundred thousand dollars in any academic year to\nsupport the preservation and/or conservation of unique library research\nmaterials. Such agencies and libraries shall submit project proposals.\nApproval of such project proposals, and determination of funding level,\nshall be based upon, but not limited to, factors such as: the research\nvalue of materials to be preserved and/or conserved; appropriateness of\nconservation and preservation techniques in accordance with statewide\nplanning and national standards; institutional capacity for successful\ncompletion of the project, including facilities, experience, and\ntechnical expertise; availability of staff with appropriate training and\nexpertise; contribution of the institution to the project in matching\nfunds and staff resources; and the volume of interlibrary lending and\naccess to holdings by the public. Ninety percent of each such grant\nshall be payable upon approval by the department and the remaining ten\npercent shall be payable upon project completion.\n d. Funds made available under the provisions of this section may be\nused by comprehensive research libraries and other agencies eligible for\nfunding to obtain matching funds from the national endowment for the\nhumanities preservation program and other federal programs.\n e. The commissioner shall establish an office for coordination of\nconservation and/or preservation of library research materials to\nidentify the conservation and/or preservation needs of libraries within\nthe state, to assess the technology available for such conservation and\npreservation, and to coordinate the conservation and preservation\nefforts resulting from this legislation.\n 7. New York state talking book and braille library. The New York state\ntalking book and braille library shall be entitled to receive annually\nan amount equal to the product of the aid ceiling multiplied by the\nnumber of registered borrowers of such materials of such library as of\nthe November report for the November immediately preceding the state\nfiscal year for which the payment will be made. Such amount shall be\nused to improve the quality of services provided to such borrowers. For\naid payable in each state fiscal year, the aid ceiling per registered\nborrower shall be nineteen dollars. Notwithstanding any other provision\nof law, the New York state talking book and braille library shall be the\nsuccessor in interest to the New York state library for the blind and\nvisually handicapped for all purposes, or the library for the blind and\nphysically handicapped, and the change in name shall not affect the\nrights or interests of any party. Except where the context indicates a\ncontrary intent, any reference in any other general or special law to\nthe New York state library for the blind and visually handicapped or the\nlibrary for the blind and physically handicapped shall be deemed a\nreference to the New York state talking book and braille library.\n 8. State aid for a coordinated program of library and archival\nservices at The Center for Jewish History, Inc. a. In addition to any\nother sums provided to The Center for Jewish History, Inc., the\ncommissioner shall award in any state fiscal year an annual grant of two\nhundred thousand dollars for a coordinated program of library and\narchival services that will increase public access to the library and\narchival collections of The Center for Jewish History, Inc. and its\nmember institutions.\n b. The Center for Jewish History, Inc. is hereby admitted to the\nUniversity of the State of New York and shall, as a condition of\ncontinued receipt of aid, maintain such status in accordance with\nregulations of the commissioner. Such regulations may include submission\nof a five-year plan and annual program budget.\n 9. State aid for summer reading programs. The commissioner is hereby\nauthorized to expend the funds of the love your library fund,\nestablished in section ninety-nine-l of the state finance law, which\nshall provide grants for participation in statewide summer reading\nprograms as coordinated by the state library to public library systems\non the basis of criteria to be developed by the commissioner. Upon a\ndetermination by the commissioner that there is adequate revenue\navailable for a grant program in the upcoming fiscal year, grants shall\nbe awarded as follows:\n a. sixty percent of the funds appropriated pursuant to this section\nshall be made available to public library systems for use by member\nlibraries by the commissioner in such manner as to insure that the ratio\nof the amount received within each system to the whole of the aid made\navailable pursuant to this paragraph is no greater than the ratio of the\npopulation served by such system to the population of the state; and\n b. forty percent of the funds appropriated pursuant to this section\nshall be made available to library systems for use by their member\nlibraries within each system by the commissioner in such manner as to\ninsure that an equal amount is received within each system in the state.\n 10. Notwithstanding any other provision of law to the contrary, each\nyear commencing with the two thousand six calendar year, no library or\nlibrary system shall receive less aid pursuant to this section or\nsection two hundred seventy-one or two hundred seventy-two of this part\nthan it would have been eligible to receive for the two thousand one\ncalendar year solely by reason of a decrease in the population of the\narea served as a result of the latest approved federal census.\n 11. The commissioner is hereby authorized to expend funds annually for\nformula grants to public library systems, reference and research library\nresources systems, and school library systems operating under an\napproved plan of service. Such formula grants shall be provided for the\nperiod commencing July first and ending on June thirtieth next\nfollowing. Such formula grants will be distributed in the following\nmanner:\n a. Each public library system established pursuant to sections two\nhundred fifty-five and two hundred seventy-two of this part and\noperating under a plan approved by the commissioner is entitled to\nreceive annually thirty-nine thousand dollars and an amount equal to ten\nand ninety-four hundredths percent of the amount of state aid received\nfor the current year by such system under paragraphs a, c, d, e and n of\nsubdivision one of this section;\n b. Each reference and research library resources system established\npursuant to section two hundred seventy-two of this part and operating\nunder a plan approved by the commissioner is entitled to receive\nannually thirty-nine thousand dollars and an amount equal to ten and\nninety-four hundredths percent of the amount of state aid received for\nthe current year under clause (i) of subparagraph one of paragraph a of\nsubdivision four of this section; and\n c. Each school library system established pursuant to section two\nhundred eighty-two of this part and operating under a plan approved by\nthe commissioner is entitled to receive annually thirty-nine thousand\ndollars and an amount equal to ten and ninety-four hundredths percent of\nthe amount of state aid received for the current year by such system\nunder paragraphs a, b, c, d, e and f of subdivision one of section two\nhundred eighty-four of this part.\n