Bill Text: NY S02856 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to state aid to the conservation and preservation of library materials program; prohibits decreasing state aid for such program beginning in fiscal year 2014.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-09-27 - SIGNED CHAP.362 [S02856 Detail]

Download: New_York-2013-S02856-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2856--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 24, 2013
                                      ___________
       Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Education  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  reported  favorably  from  said committee and
         committed to the Committee on Finance --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the education law, in relation to the  conservation  and
         preservation of library research materials program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 7 of section 273  of  the  education  law,  as
    2  amended  by  section  3  of part O of chapter 57 of the laws of 2005, is
    3  amended to read as follows:
    4    7. Conservation and preservation of library research materials. a. The
    5  commissioner shall award in any state fiscal  year,  an  annual  FORMULA
    6  grant  of  one  hundred  [twenty-six] FIFTY-EIGHT thousand dollars for a
    7  program of conservation and/or preservation of library research  materi-
    8  als  to each of the following comprehensive research libraries: Columbia
    9  university libraries,  Cornell  university  libraries,  New  York  state
   10  library,   New   York  university  libraries,  university  of  Rochester
   11  libraries, Syracuse university libraries, the research libraries of  the
   12  New York public library, state university of New York at Albany library,
   13  state  university of New York at Binghamton library, state university of
   14  New York at Buffalo library, and state university of New York  at  Stony
   15  Brook library.
   16    b.  To  be  eligible  for such FORMULA grants, each such comprehensive
   17  research library must submit both a five-year plan and an annual program
   18  budget.  The plan must satisfy criteria to be established by the commis-
   19  sioner in regulations relating to the identification of library research
   20  materials, the need for their  preservation,  and  the  means  of  their
   21  conservation.
   22    c. [Additional grants, the sum of which shall not exceed three hundred
   23  fifty  thousand  dollars in any state fiscal year, may be made to any or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06736-05-3
       S. 2856--B                          2
    1  all of the eleven  comprehensive  research  libraries  for  preservation
    2  and/or  conservation  of  library  research  materials  on  the basis of
    3  project proposals. Approval of  such  proposals,  and  determination  of
    4  funding  level, shall be based upon their contribution to development of
    5  cooperative programs and/or facilities for conservation and/or preserva-
    6  tion works in the state, including but not limited to such  factors  as:
    7  institutional  commitment  to  development  of a collective capacity and
    8  coordinated approach to conservation and preservation of research  mate-
    9  rials  important to the people of the state; research value of materials
   10  to be preserved and/or conserved; appropriateness  of  conservation  and
   11  preservation  techniques  in  accordance  with  statewide  planning  and
   12  national standards; institutional capacity for successful completion  of
   13  the  project, including facilities, experience, and technical expertise;
   14  availability of staff with appropriate training and expertise;  contrib-
   15  ution  of  the  institution  to  the project in matching funds and staff
   16  resources; and volume of interlibrary lending and access to holdings  by
   17  the  public.  Ninety  percent  of  each such grant shall be payable upon
   18  approval by the department and the remaining ten percent shall be  paya-
   19  ble upon project completion.
   20    d.] Other agencies and libraries, as defined in regulations promulgat-
   21  ed  by  the commissioner, which are not eligible for funding under para-
   22  graph a of this subdivision, may receive  separate  grants  the  sum  of
   23  which shall not exceed five hundred thousand dollars in any state fiscal
   24  year  to  support the preservation and/or conservation of unique library
   25  research materials. Such agencies and  libraries  shall  submit  PROJECT
   26  proposals  [which  shall be evaluated and determinations of approval and
   27  funding shall be made on the same basis set forth in paragraph c of this
   28  subdivision].  APPROVAL OF SUCH PROJECT PROPOSALS, AND DETERMINATION  OF
   29  FUNDING LEVEL, SHALL BE BASED UPON, BUT NOT LIMITED TO, FACTORS SUCH AS:
   30  THE RESEARCH VALUE OF MATERIALS TO BE PRESERVED AND/OR CONSERVED; APPRO-
   31  PRIATENESS  OF  CONSERVATION  AND  PRESERVATION TECHNIQUES IN ACCORDANCE
   32  WITH STATEWIDE PLANNING AND NATIONAL STANDARDS;  INSTITUTIONAL  CAPACITY
   33  FOR  SUCCESSFUL COMPLETION OF THE PROJECT, INCLUDING FACILITIES, EXPERI-
   34  ENCE, AND TECHNICAL EXPERTISE; AVAILABILITY OF  STAFF  WITH  APPROPRIATE
   35  TRAINING  AND  EXPERTISE; CONTRIBUTION OF THE INSTITUTION TO THE PROJECT
   36  IN MATCHING FUNDS AND STAFF RESOURCES; AND THE  VOLUME  OF  INTERLIBRARY
   37  LENDING  AND  ACCESS  TO  HOLDINGS BY THE PUBLIC. Ninety percent of each
   38  such grant shall be payable upon approval  by  the  department  and  the
   39  remaining ten percent shall be payable upon project completion.
   40    [e.]  D. Funds made available under the provisions of this section may
   41  be used by comprehensive research libraries and other agencies  eligible
   42  for funding to obtain matching funds from the national endowment for the
   43  humanities preservation program AND OTHER FEDERAL PROGRAMS.
   44    [f.] E. The commissioner shall establish an office for coordination of
   45  conservation  and/or preservation of library research materials to iden-
   46  tify the conservation and/or preservation needs of libraries within  the
   47  state,  to  assess  the  technology  available for such conservation and
   48  preservation,  and  to  coordinate  the  conservation  and  preservation
   49  efforts resulting from this legislation.
   50    S  2.  This  act  shall take effect immediately and shall be deemed to
   51  have been in full force and effect on and after April 1, 2013; provided,
   52  however, that the amendments made to paragraphs a and c of subdivision 7
   53  of section 273 of the education law by section one  of  this  act  shall
   54  take effect April 1, 2014.
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