Bill Text: NY S07238 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to state aid to libraries and library systems; provides for automatic waiver of local maintenance of effort requirements in the event that state aid for public library systems is reduced by more than 15%; provides the commissioner with authority to waive provisions of certain categorical aid programs in the event that state aid programs are reduced by more than 15%.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Engrossed - Dead) 2012-06-13 - referred to ways and means [S07238 Detail]
Download: New_York-2011-S07238-Introduced.html
S T A T E O F N E W Y O R K
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7238
I N S E N A T E
May 2, 2012
___________
Introduced by Sen. FARLEY -- 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 state aid to libraries
and library systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph j of subdivision 1
2 of section 272 of the education law, subparagraphs 1, 2 and 3 as amended
3 by section 2 of part O of chapter 57 of the laws of 2005, subparagraph 4
4 as added by chapter 386 of the laws of 1996, are amended to read as
5 follows:
6 (1) IN THE EVENT THAT THE STATE AID FORMULA FUNDS APPROPRIATED FOR A
7 PUBLIC LIBRARY SYSTEM UNDER SECTION TWO HUNDRED SEVENTY-THREE OF THIS
8 PART ARE LESS THAN EIGHTY-FIVE PERCENT OF THE STATUTORY FORMULA AMOUNTS
9 IN SUCH SECTION, THE PROVISIONS OF SUBPARAGRAPHS TWO AND FIVE OF THIS
10 PARAGRAPH SHALL NOT APPLY.
11 (2) In the event that the sum total of local sponsor support raised by
12 local taxation exclusive of the sum raised for capital expenditures for
13 the support of a public library system and participating libraries in a
14 twelve month period is less than ninety-five per centum of the average
15 of the amounts raised for such purposes by local taxation for the two
16 preceding twelve month periods, the state aid to which such library
17 system would otherwise be entitled shall be reduced by twenty-five per
18 centum. Such state aid shall likewise be reduced by twenty-five per
19 centum in the event that the public library system shall refuse after
20 reasonable notice to make provision for the expansion of the area served
21 in accordance with the regulations of the commissioner. Upon receipt of
22 annual systems and participating libraries activity reports satisfactory
23 to the commissioner, the commissioner shall determine the amount of any
24 underpayment or overpayments related to maintenance of effort and shall
25 apply such adjustment to the next annual payment due such library
26 system. In the first year in which any library system changes its
27 reporting from the calendar year to a fiscal year other than the calen-
28 dar year, it shall file any additional reporting schedules deemed neces-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15612-01-2
S. 7238 2
1 sary by the commissioner for the purpose of determining maintenance of
2 effort as required herein, in order that no period of time shall be
3 exempt from such requirement.
4 [(2)] (3) IN THE EVENT THAT THE STATE AID FORMULA FUNDS APPROPRIATED
5 FOR THE SUPPORT OF A CENTRAL LIBRARY OF A PUBLIC LIBRARY SYSTEM UNDER
6 SECTION TWO HUNDRED SEVENTY-THREE OF THIS PART ARE LESS THAN EIGHTY-FIVE
7 PERCENT OF THE STATUTORY FORMULA AMOUNTS IN SUCH LAW, THE PROVISIONS OF
8 SUBPARAGRAPHS FOUR AND FIVE OF THIS PARAGRAPH SHALL NOT APPLY.
9 (4) In the event that the total sum raised by local taxation, exclu-
10 sive of the sum raised for capital expenditures, for the support of a
11 central library of a public library system in a twelve month period, is
12 less than ninety-five per centum of the average of the amounts raised
13 for such purposes by local taxation for the two preceding twelve month
14 periods, the state aid to which such library system would otherwise be
15 entitled for the development of its central library shall be reduced by
16 twenty-five per centum. Upon receipt of annual central library activity
17 reports satisfactory to the commissioner, the commissioner shall deter-
18 mine the amount of any underpayment or overpayments related to mainte-
19 nance of effort and shall apply such adjustment to the next annual
20 payment due such library system. In the first year in which any library
21 system changes its reporting from the calendar year to a fiscal year
22 other than the calendar year, it shall file any additional reporting
23 schedules deemed necessary by the commissioner for the purpose of deter-
24 mining maintenance of effort as required herein, in order that no period
25 of time shall be exempt from such requirement.
26 [(3)] (5) The commissioner may waive the requirements of subparagraphs
27 [one and] two AND FOUR of this paragraph, if the commissioner determines
28 that the application of such subparagraphs would result in excessive
29 hardship for the public library system or central library brought about
30 by an extraordinary change in a local sponsor's economic condition, loss
31 by a local sponsor of state aid to local governments provided under
32 section fifty-four of the state finance law, or by a natural disaster.
33 Such waiver may be granted only one time to each public library system
34 or central library within five calendar years. The commissioner may
35 grant such waiver for a period of up to two consecutive calendar years.
36 The commissioner shall report any waivers granted under this subpara-
37 graph to the speaker of the assembly, the temporary president of the
38 senate, the chairs of the legislative fiscal committees and the director
39 of the division of the budget.
40 [(4)] (6) A "local sponsor" shall mean any municipality, district or
41 school district, as defined in the general municipal law, or any combi-
42 nation thereof.
43 S 2. Subdivision 1 of section 272 of the education law is amended by
44 adding a new paragraph m to read as follows:
45 M. THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF PARAGRAPHS B AND C
46 OF SUBDIVISION FOUR AND SUBDIVISION SIX OF SECTION TWO HUNDRED SEVENTY-
47 THREE AND PARAGRAPH G OF SUBDIVISION ONE OF SECTION TWO HUNDRED EIGHTY-
48 FOUR OF THIS PART IF, IN ANY STATE FISCAL YEAR BEGINNING WITH THE STATE
49 FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND TWELVE, THE FORMULA
50 FUNDS APPROPRIATED BY THE STATE FOR THE PURPOSES OF SUCH SECTIONS ARE
51 LESS THAN EIGHTY-FIVE PERCENT OF THE STATUTORY AMOUNTS. APPROVAL OF SUCH
52 A WAIVER SHALL BE BASED ON CRITERIA TO BE DEVELOPED BY THE COMMISSIONER.
53 THE COMMISSIONER WILL GRANT SUCH WAIVERS ON AN ANNUAL BASIS. THE COMMIS-
54 SIONER SHALL REPORT ANY WAIVERS GRANTED UNDER THIS PARAGRAPH TO THE
55 SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
S. 7238 3
1 CHAIRS OF THE LEGISLATIVE FISCAL COMMITTEES AND THE DIRECTOR OF THE
2 BUDGET.
3 S 3. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2012.
