Bill Text: NY S08289 | 2017-2018 | General Assembly | Amended


Bill Title: Restricts certain corporations from participating or intervening in any political campaign on behalf of or in opposition to any candidate for public office.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-06-14 - PRINT NUMBER 8289B [S08289 Detail]

Download: New_York-2017-S08289-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8289--B
                    IN SENATE
                                     April 26, 2018
                                       ___________
        Introduced  by  Sens. RITCHIE, AKSHAR -- 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 -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  education law, in relation to project costs for
          buildings of  public  libraries  located  in  economically  distressed
          communities;  to  amend  chapter  498 of the laws of 2011 amending the
          education law  relating  to  the  public  library  construction  grant
          program,  in  relation to the effectiveness thereof; and providing for
          the repeal of certain provisions upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 273-a of the education law, as amended by chapter
     2  498 of the laws of 2011, subdivision 1 as amended by chapter 480 of  the
     3  laws of 2015, is amended to read as follows:
     4    § 273-a. State  aid  for  library  construction. 1. State aid shall be
     5  provided for up to fifty percent of the total  project  approved  costs,
     6  excluding feasibility studies, plans or similar activities, for projects
     7  for  the  installation and infrastructure of broadband services, and for
     8  the acquisition of vacant land and the acquisition, construction,  reno-
     9  vation or rehabilitation, including leasehold improvements, of buildings
    10  of  public libraries and library systems chartered by the regents of the
    11  state of New York or established by act of the  legislature  subject  to
    12  the  limitations  provided in subdivision [five] six of this section and
    13  upon approval by the commissioner, except that state aid may be provided
    14  for up to seventy-five percent of the total project approved  costs  for
    15  buildings of public libraries that are located in an economically disad-
    16  vantaged  community  and that state aid may be provided for up to ninety
    17  percent of the total project approved  costs  for  buildings  of  public
    18  libraries  that  are  located  in  an economically distressed community.
    19  Provided however that the state liability for aid paid pursuant to  this
    20  section  shall  be  limited  to funds appropriated for such purpose. Aid
    21  shall be provided  on  approved  expenses  incurred  during  the  period
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15434-07-8

        S. 8289--B                          2
     1  commencing  July  first and ending June thirtieth for up to three years,
     2  or until the project is completed, whichever occurs first. Fifty percent
     3  of such aid shall be payable to ; and to amend a chapter of the laws  of
     4  2014,  enacting  the state operations budget each system or library upon
     5  approval of the application by the department. Forty percent of such aid
     6  shall be payable in the  next  state  fiscal  year.  The  remaining  ten
     7  percent shall be payable upon project completion.
     8    2.  Each  application for state aid shall be submitted by the board of
     9  trustees of the library or library system responsible for the  operation
    10  of  the  subject  building to the commissioner for his or her review and
    11  approval, after having been reviewed and approved by the governing board
    12  of the public library system of which such library  is  a  member.  Each
    13  application shall:
    14    a. demonstrate that resources are or shall be available to provide for
    15  maximum utilization of the project if approved;
    16    b.  contain  verification  in  such  form  as may be acceptable to the
    17  commissioner that the total cost of the project, exclusive of state aid,
    18  has been or will be obtained;
    19    c. demonstrate that library operations would be made  more  economical
    20  as a consequence of approval;
    21    d.  be  limited to one project concerning such building, provided that
    22  no building shall be the subject of more than one application per year;
    23    e. contain documentation, where such an application requests state aid
    24  in an amount greater than fifty percent, demonstrating how  the  project
    25  will address the service needs of one or more economically disadvantaged
    26  communities.  Such  documentation  may  demonstrate need through poverty
    27  rates, concentrations of English  language  learners,  low  high  school
    28  graduation  rates,  limited  fiscal  capacity or other relevant factors;
    29  [and]
    30    f. contain documentation, where such an application requests state aid
    31  in an amount greater than seventy-five percent,  demonstrating  how  the
    32  project  will  address  the  service  needs  of one or more economically
    33  distressed communities. An application must demonstrate that the average
    34  poverty rate within the library's service area is equal  to  or  greater
    35  than  the New York state average poverty rate using federal census data;
    36  and the library must demonstrate that it lacks the capacity  to  provide
    37  twenty-five percent of the project costs; and
    38    g.  provide  such  other information as may be required by the commis-
    39  sioner.
    40    3. In approving any application that would receive  state  aid  beyond
    41  fifty percent of the total project approved costs, the board of trustees
    42  of  the library system shall give particular attention to addressing the
    43  library service  needs  of  economically  disadvantaged  communities  as
    44  provided for in paragraph e of subdivision two of this section.
    45    4.  In  approving  any application that would receive state aid beyond
    46  seventy-five percent of the total project approved costs, the  board  of
    47  trustees  of  the  library  system  shall  give  particular attention to
    48  addressing the library service needs of economically distressed communi-
    49  ties as provided for in paragraph f of subdivision two of this  section.
    50  No  more  than  ten percent of the total funds appropriated to a library
    51  system in subdivision six of this section may be  used  to  support  the
    52  total  costs  for  projects that would receive state aid beyond seventy-
    53  five percent of the total project approved costs.
    54    5. In approving any application the commissioner  shall  consider  the
    55  condition  of  existing  libraries  and, where appropriate, the needs of
    56  isolated or economically disadvantaged  communities,  provided  that  no

        S. 8289--B                          3
     1  application  shall  be  approved  for  a  project  that is deemed by the
     2  commissioner to have been completed prior to the date  of  the  applica-
     3  tion.
     4    [5.] 6. Aid shall be distributed pursuant to this section as follows:
     5    a.  sixty  percent  of the funds appropriated pursuant to this section
     6  shall be made available to libraries within each system by  the  commis-
     7  sioner in such manner as to insure that the ratio of the amount received
     8  within  each  system  to the whole of the aid made available pursuant to
     9  this paragraph is no greater than the ratio of the population served  by
    10  such system to the population of the state;
    11    b.  forty  percent  of the funds appropriated pursuant to this section
    12  shall be made available to library  systems  or  libraries  within  each
    13  system  by  the  commissioner  in such manner as to insure that an equal
    14  amount is received within each system in the state;
    15    c. any funds made available pursuant to  paragraph  a  or  b  of  this
    16  subdivision  which  by  April  first of each succeeding fiscal year, are
    17  declined by such libraries or library systems for any reason,  or  which
    18  cannot  otherwise  be  used by such libraries or library systems for any
    19  reason, shall be made available by the commissioner  to  other  eligible
    20  libraries  within  such system, or if no such library can use such funds
    21  shall be reallocated among the other library systems and their libraries
    22  in a manner that will to the extent possible provide from  such  reallo-
    23  cated funds an equal amount to each such system.
    24    [6.]  7.  The  commissioner  shall  adopt rules and regulations as are
    25  necessary to carry out the purposes and provisions of this section.
    26    [7.] 8. The commissioner shall submit to the  temporary  president  of
    27  the  senate  and the speaker of the assembly an annual report describing
    28  those projects that have received state funding of  greater  than  fifty
    29  percent  of  project  costs  and  the  communities to be served by those
    30  projects.
    31    § 2. Section 2 of chapter 498 of the laws of 2011 amending the  educa-
    32  tion  law  relating to the public library construction grant program, as
    33  amended by chapter 148 of the laws  of  2014,  is  amended  to  read  as
    34  follows:
    35    §  2. This act shall take effect on the first of April next succeeding
    36  the date on which it shall have become a law [and shall  expire  and  be
    37  deemed repealed March 31, 2020].
    38    §  3.  This  act shall take effect immediately; provided, however that
    39  the amendments to section 273-a of the education law made by section one
    40  of this act shall expire and be deemed repealed March 31, 2025.
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