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

 1. Any public library system providing service under an approved plan
during a calendar year shall be entitled to receive during that calendar
year state aid consisting of the following amounts:
a. An annual grant of:
(1) Ten thousand dollars where the library system serves less than one
county, or
(2) Twenty thousand dollars where the library system serves one entire
county, or
(3) Where the library system serves more than one county the system
shall be entitled to receive twenty-five thousand dollars for each
entire county served and/or ten thousand dollars for each county, any
part of which is served by the library system. If an entire county is
served by two or more library systems, each of which serves a part
thereof, each of such library systems shall be entitled to receive a
grant of ten thousand dollars and in addition, a pro rata share of an
additional sum of ten thousand dollars, such share to be computed in
accordance with the ratio which the population of the area of the county
served by such library system bears to the total population of the
county, as determined under subdivision one of section two hundred
seventy-two of this article.
b. In a library system which submits a plan for further development of
its central library, which plan shall be approved by the commissioner in
relation to standards for such central libraries, the amount of central
library development aid shall be:
(1) thirty-two cents per capita of the population within the chartered
area of service of such library system with a minimum amount of one
hundred five thousand dollars, and
(2) an additional seventy-one thousand five hundred dollars to the
library system for the purchase of books and materials including
nonprint materials, as defined in regulations of the commissioner, for
its central library. Ownership of library materials and equipment
purchased with such central library aid provided by this paragraph shall
be vested in the public library system.
c. The sum of ninety-four cents per capita of population of the area
served.
d. (1) An amount equal to the amount by which expenditures by the
library system for books, periodicals, binding and nonprint materials
during the preceding fiscal year exceeds forty cents per capita of
population of the area served but the total apportionment pursuant to
this subparagraph shall not exceed sixty-eight cents per capita of
population served. In the first year in which any library system changes
its reporting from the calendar year to a fiscal year other than the
calendar year, it shall file any additional reporting schedules deemed
necessary by the commissioner for the purpose of determining state aid
for the calendar year.
(2) Each public library system with an automation program to support
bibliographic control and interlibrary sharing of information resources
of member libraries, and to coordinate and integrate the automated
system or systems of such member libraries consistent with regulations
of the commissioner, shall be eligible to receive an amount equal to
seven percent of the amount earned in subparagraph one of this
paragraph, or seventy-six thousand five hundred dollars, whichever is
more.
e. The sum of fifty-two dollars per square mile of area served by the
library system in the case of library systems serving one county or
less. Such sum shall be increased by five dollars for each additional
entire county served, provided, however, that no apportionment pursuant
to this paragraph shall exceed seventy-two dollars per square mile of
area served. If an entire county is served by two or more library
systems, each of which serves a part thereof, each of such library
systems shall be entitled to receive, in addition to the aid computed in
accordance with the foregoing provisions of this paragraph, a pro rata
share of an increase of five dollars to be computed as follows: the sum
resulting from the computation of five dollars per square mile of area
served by the one of such library systems which would receive the
largest amount of aid pursuant to this paragraph shall be pro rated
among the library systems serving such county in accordance with the
ratio which the population of the area served by each of such library
systems bears to the population of the county as determined under
subdivision one of section two hundred seventy-two of this article.
f. (1) Local library services aid. Except in cities with a population
in excess of one million inhabitants, each chartered and registered
public and free association library meeting standards of service
promulgated by the commissioner, and each public or free association
library serving a city with a population of one hundred thousand or more
which merged with the public library system on or before January first,
nineteen hundred seventy-six and which meets standards of service
promulgated by the commissioner, shall be eligible to receive annually
thirty-one cents per capita of the population of the library's chartered
service area as on file with the commissioner on January first of the
calendar year for which aid is payable, or, thirty-one cents per capita
of the population of the city with a population of one hundred thousand
or more whose public or free association library merged with the public
library system on or before January first, nineteen hundred seventy-six,
with a minimum amount of one thousand five hundred dollars, except that
no library shall receive less than the amount of local library services
aid received in two thousand one. Regulations of the commissioner shall
provide a method for establishing changes in chartered service areas or
determining populations thereof. Local library services aid shall be
paid to the system for distribution within thirty days of receipt to its
member libraries in accordance with this subdivision. Notwithstanding
any contrary provisions of this subparagraph, the commissioner shall
establish procedures under which a public or free association library
may apply for a waiver of the requirements of the standards of service;
provided, however, that any such waivers may only be granted in the same
year in which the commissioner has apportioned a reduction adjustment.
(2) Local services support aid. Except in cities with a population in
excess of one million inhabitants, each public library system operating
under an approved plan of service shall be eligible to receive annually
local services support aid equal to two-thirds of the total dollar
amount paid in local library services aid to the member libraries of the
system plus thirty-one cents per capita of the system's population who
do not reside within the chartered service area of a member library.
(3) Local consolidated systems aid. In cities with a population in
excess of one million inhabitants, each public library system operating
under an approved plan of service shall be eligible to receive annually
local consolidated system aid equal to the sum of (i) thirty-one cents
per capita of the population served by the system, but not less than the
amount of local library incentive aid received in nineteen hundred
ninety-one as reported on the library's nineteen hundred ninety-one
annual report; and (ii) an additional amount equal to two-thirds of the
total dollar amount computed for the system pursuant to clause (i) of
this subparagraph.
g. In addition to the sums otherwise provided in paragraphs a, b, c,
d, e, f, h and i of this subdivision, the New York Public Library shall
receive an amount equal to its actual expenditures for books,
periodicals and binding for its research libraries which expenditures
are not otherwise reimbursed or seven hundred sixty-seven thousand
dollars, whichever is less, and the additional sum of five million six
hundred forty-nine thousand six hundred dollars for the general support
of such research libraries. In addition to any other sums provided to
such library, the sum of two million dollars shall be payable annually
to the New York Public Library for the general support of library
services provided by the New York Public Library to the students of the
City University of New York and the sum of one million dollars shall be
payable annually to the New York Public Library for the general support
of its science, industry and business library.
h. (1) Coordinated outreach services. Each public library system which
provides coordinated outreach services, as defined by regulations to be
promulgated by the commissioner, to persons who are educationally
disadvantaged or who are members of ethnic or minority groups in need of
special library services, or who are unemployed and in need of job
placement assistance, or who live in areas underserved by a library, or
who are blind, physically disabled, have developmental or learning
disabilities, or who are aged or confined in institutions, shall be
entitled to receive annually forty-three thousand dollars and thirteen
cents per capita of the total population of the area served.
(2) Adult literacy grants. The commissioner shall award annual grants
for approved expenses for library-based programs conducted by public
library systems and public and free association libraries which are
members of a public library system to assist adults to increase their
literacy skills. The commissioner shall award such grants having
determined that such programs are being operated in direct coordination
with local public schools, colleges and other organizations which are
operating similar adult literacy programs. Annual state aid of two
hundred thousand dollars shall be awarded for grants in accordance with
regulations promulgated by the commissioner. Ninety percent of the
amount of any such adult literacy grant shall be payable to the library
or system upon approval by the department. The final ten percent shall
be payable upon completion of the project.
(3) Family literacy grants. The commissioner shall award annual grants
for approved expenses for library-based family literacy programs for
pre-school and school age children and their parents conducted by public
library systems and public libraries and free association libraries
which are members of a public library system. Annual state aid of three
hundred thousand dollars for grants shall be awarded in accordance with
regulations promulgated by the commissioner. Ninety percent of the
amount of any such family literacy grant shall be payable to the library
or system upon approval by the department. The final ten percent shall
be payable upon completion of the project.
i. In addition to any other sums provided for such purposes, the New
York Public Library shall receive annually the sum of seven hundred
thirty-four thousand dollars for the program of the Schomburg center for
research in black culture, and the additional sum of nine hundred
eighty-four thousand dollars for the program of the library for the
blind and physically handicapped.
j. In addition to any other sums provided to such library, the sum of
two hundred fifty thousand dollars shall be paid annually to the New
York Historical Society for making its library services available to the
public.
k. In addition to any other sums provided to such library the sum of
three hundred fifty thousand dollars shall be payable annually to the
Brooklyn Public Library for its business library for each calendar year.

l. In addition to any other sums provided to such library, the sum of
fifty thousand dollars shall be payable annually to the Buffalo and Erie
County Public Library for a continuity of service project approved by
the commissioner for each calendar year.
m. In addition to any other sums provided to such library system, the
sum of thirty thousand dollars shall be payable annually to the Nassau
library system for a continuity of service project approved by the
commissioner for each calendar year.
n. The minimum annual grant available to a library system under
paragraphs a, c and e and subparagraph one of paragraph d of this
subdivision shall be six hundred seventy-five thousand dollars.

 2. Within the amounts appropriated therefor moneys paid out pursuant
to this section shall be paid out of the state treasury on vouchers
certified by the commissioner after audit by and upon the warrant of the
comptroller.

 3. The commissioner may waive the requirement that a public library
system serve an entire county to earn the maximum annual grant under
subparagraphs two and three of paragraph a of subdivision one of this
section and paragraphs b, c, e and h of subdivision one of this section
where the commissioner deems reasonable effort has been made by the
system to encourage membership by all libraries in the county.

 4. Reference and research library resources system. a. Any reference
and research library resources system providing service under an
approved plan during a calendar year shall be entitled to receive annual
state aid consisting of an annual grant of two hundred seventy thousand
dollars plus the sum of one dollar and fifty cents per square mile of
area served plus the sum of six cents per capita of the population of
the area served. Each system may annually appropriate funds received
under this provision to obtain matching funds from the National
Endowment for the Humanities in the United States Newspaper Program. The
annual amount payable to each approved system under this paragraph shall
be payable on or before July first, provided that, upon receipt of
annual system activity reports satisfactory to the commissioner, the
commissioner shall determine the amount of any under- or overpayments
and shall apply such adjustment to the next annual payment due such
system.
b. The commissioner is hereby authorized to expend up to five hundred
six thousand dollars annually in each state fiscal year to provide
formula grants to approved reference and research library resources
systems for provision of consumer health and medical information
services for all types of libraries and library systems. Such grants
shall assist libraries in providing access to timely and accurate
medical and health information for medical personnel and for the general
public. In addition to any other sum provided in this subdivision, each
reference and research library resources system providing service under
an approved plan with a consumer health and medical library information
services program for all types of libraries and library systems shall be
eligible to receive an annual formula grant. Such formula grants shall
be determined on the basis of criteria to be prescribed by the
commissioner. The commissioner shall provide the annual amount payable
to each approved system under this paragraph in the following manner:
(1) Funds shall be available to each reference and research library
resources system in such manner as to insure that the ratio of the
amount each system is eligible to receive equals the weighted ratio of
the total number of institutions as defined in subparagraph two of this
paragraph in the region served by the system to the total number of such
institutions in the state.
(2) For the purposes of determining the amount of funds available to
each system, institutions and their weightings are as follows:
(i) not-for-profit hospitals licensed by the New York state health
department, with a weighting of two;
(ii) for-profit teaching hospitals licensed by the New York state
health department, with an additional weighting of one; and
(iii) member institutions of a reference and research library
resources system, excluding public and hospital libraries, with a
weighting of one.
c. (1) The commissioner is hereby authorized to expend up to one
million three hundred ninety-six thousand dollars in each state fiscal
year to provide formula grants to approved reference and research
library resources systems for provision of services to member hospital
libraries in not-for-profit hospitals licensed by the New York state
health department, or to member libraries serving such hospitals. Such
formula grants shall be determined on the basis of criteria to be
developed by the commissioner and shall assist member hospital libraries
or member libraries serving hospitals in meeting the standards
established by the regents in accordance with section two hundred
fifty-four of this article. Such formula grants shall support
integration of member hospital libraries or member libraries serving
hospitals into existing networks.
(2) The commissioner shall provide grants to the reference and
research library resources systems in the following manner:
(a) an amount equal to seventy-five cents per square mile of area
served by the reference and research library resource system in
furtherance of the purposes of this paragraph, and
(b) the remainder for library services to hospitals in accordance with
regulations of the commissioner adopted for such purpose.

 5. Coordinated collection development program for public and nonprofit
independent colleges and universities.
a. Libraries of public and nonprofit independent colleges and
universities are entitled to receive annual funding for a coordinated
collection development grant if they meet the following conditions:
(1) Membership in a reference and research library resources system,
(2) Their resources are made available to the public, through full
participation in the interlibrary loan and other resource sharing
programs of the reference and research library resources system of which
they are members, and
(3) They meet the requirements set forth in regulations adopted by the
commissioner including but not confined to
(a) maintenance of effort,
(b) relationships between reference and research library resources
systems' programs and the regional higher education master plan,
(c) submission of interlibrary loan statistics, and such other reports
as may be required by the commissioner.
b. Public and nonprofit independent colleges and universities with
libraries which meet the criteria of paragraph a of this subdivision are
eligible for annual grants as follows:
(1) Four thousand four hundred dollars for each institution, and
(2) One dollar and four cents for each full-time equivalent student
enrolled in each qualifying institution, in the academic year completed
prior to the state fiscal year. For purposes of this section, a
full-time equivalent shall be calculated as follows:
(i) one full-time undergraduate student shall be considered one
full-time equivalent student;
(ii) one part-time undergraduate student shall be considered one-third
of a full-time equivalent student;
(iii) one part-time graduate student shall be considered one full-time
equivalent student; and
(iv) one full-time graduate student shall be considered one and
one-half of a full-time equivalent student.
c. Funds for the support of this program shall be appropriated to the
department, except that funds for the state-operated institutions of the
state university of New York and the senior colleges of the city
university of New York, shall be appropriated to the state university of
New York out of any moneys in the state treasury in the general fund to
the credit of the state purposes fund not otherwise appropriated, and
funds shall be appropriated to the city university of New York out of
any moneys in the state treasury in the general fund to the credit of
the local assistance fund not otherwise appropriated, and shall be
subject to the same distribution formula as provided in paragraph b of
this subdivision.

 6. Regional bibliographic data bases and interlibrary resources
sharing. a. The commissioner shall award annually to each of the
approved nine reference and research library resources systems, from
funds appropriated by the legislature for an annual grant for an
automation program (i) to support bibliographic control and interlibrary
sharing of information resources among all types of libraries and
library systems in an area not less than that of a reference and
research library resources system, and (ii) to coordinate and integrate
the automated systems of the component member public library system or
systems, school library system or systems and other automated systems
within the area of the reference and research library resources system.
Each reference and research library resources system of such region
shall be entitled to an annual grant of two hundred thousand dollars
plus the sum of two cents per capita of the population served.
b. To be eligible for a grant, each reference and research library
resources system shall meet the requirements set forth in regulations
adopted by the commissioner which shall include standards relating to
library automation, continuous development of the data base, and
updating, access and linking of the data base programs. Each reference
and research library resources system shall include in its approved plan
of service a description of a regional library automation program, which
shall include all library systems in the region that are members of the
reference and research library resources system.

 7. Conservation and preservation of library research materials. a. The
commissioner shall award in any state fiscal year an annual formula grant of one
hundred fifty-eight thousand dollars for a program of conservation and/or
preservation of library research materials to each of the following
comprehensive research libraries: Columbia university libraries, Cornell
university libraries, New York state library, New York university
libraries, university of Rochester libraries, Syracuse university
libraries, the research libraries of the New York public library, state
university of New York at Albany library, state university of New York
at Binghamton library, state university of New York at Buffalo library,
and state university of New York at Stony Brook library.
b. To be eligible for such formula grants, each such comprehensive research
library must submit both a five-year plan and an annual program budget.
The plan must satisfy criteria to be established by the commissioner in
regulations relating to the identification of library research
materials, the need for their preservation, and the means of their
conservation.
c. Other agencies and libraries, as defined in regulations promulgated
by the commissioner, which are not eligible for funding under paragraph
a of this subdivision, may receive separate grants the sum of which
shall not exceed five hundred thousand dollars in any state fiscal year
to support the preservation and/or conservation of unique library
research materials. Such agencies and libraries shall submit project
proposals. Approval of such project proposals, and determination of
funding level, shall be based upon, but not limited to, factors such as:
the research value of materials to be preserved and/or conserved; appro-
priateness of conservation and preservation techniques in accordance
with statewide planning and national standards; institutional capacity
for successful completion of the project, including facilities, experience,
and technical expertise; availability of staff with appropriate
training and expertise; contribution of the institution to the project
in matching funds and staff resources; and the volume of interlibrary
lending and access to holdings by the public. Ninety percent of each
such grant shall be payable upon approval by the department and the
remaining ten percent shall be payable upon project completion.
d. Funds made available under the provisions of this section may be
used by comprehensive research libraries and other agencies eligible for
funding to obtain matching funds from the national endowment for the
humanities preservation program and other federal programs.
e. The commissioner shall establish an office for coordination of
conservation and/or preservation of library research materials to
identify the conservation and/or preservation needs of libraries within
the state, to assess the technology available for such conservation and
preservation, and to coordinate the conservation and preservation
efforts resulting from this legislation. [NOTE: Subsection 7 amended by
Chapter 362 of the Laws of 2013, signed September 27, 2013.]

 8. New York state talking book and braille library. The New York state
talking book and braille library shall be entitled to receive annually
an amount equal to the product of the aid ceiling multiplied by the
number of registered borrowers of such materials of such library as of
the November report for the November immediately preceding the state
fiscal year for which the payment will be made. Such amount shall be
used to improve the quality of services provided to such borrowers. For
aid payable in each state fiscal year, the aid ceiling per registered
borrower shall be nineteen dollars. Notwithstanding any other provision
of law, the New York state talking book and braille library shall be the
successor in interest to the New York state library for the blind and
visually handicapped for all purposes, or the library for the blind and
physically handicapped, and the change in name shall not affect the
rights or interests of any party. Except where the context indicates a
contrary intent, any reference in any other general or special law to
the New York state library for the blind and visually handicapped or the
library for the blind and physically handicapped shall be deemed a
reference to the New York state talking book and braille library.

 9. State aid for a coordinated program of library and archival
services at The Center for Jewish History, Inc. a. In addition to any
other sums provided to The Center for Jewish History, Inc., the
commissioner shall award in any state fiscal year an annual grant of two
hundred thousand dollars for a coordinated program of library and
archival services that will increase public access to the library and
archival collections of The Center for Jewish History, Inc. and its
member institutions.
b. The Center for Jewish History, Inc. is hereby admitted to the
University of the State of New York and shall, as a condition of
continued receipt of aid, maintain such status in accordance with
regulations of the commissioner. Such regulations may include submission
of a five-year plan and annual program budget.
10. State aid for summer reading programs. The commissioner is hereby
authorized to expend the funds of the love your library fund,
established in section ninety-nine-l of the state finance law, which
shall provide grants for participation in statewide summer reading
programs as coordinated by the state library to public library systems
on the basis of criteria to be developed by the commissioner. Upon a
determination by the commissioner that there is adequate revenue
available for a grant program in the upcoming fiscal year, grants shall
be awarded as follows:
a. sixty percent of the funds appropriated pursuant to this section
shall be made available to public library systems for use by member
libraries by the commissioner in such manner as to insure that the ratio
of the amount received within each system to the whole of the aid made
available pursuant to this paragraph is no greater than the ratio of the
population served by such system to the population of the state; and
b. forty percent of the funds appropriated pursuant to this section
shall be made available to library systems for use by their member
libraries within each system by the commissioner in such manner as to
insure that an equal amount is received within each system in the state.

11. Notwithstanding any other provision of law to the contrary, each 
year commencing with the two thousand six calendar year, no library or 
library system shall receive less aid pursuant to this section or 
section two hundred seventy-one or two hundred seventy-two of this part 
than it would have been eligible to receive for the two thousand one 
calendar year solely by reason of a decrease in the population of the 
area served as a result of the latest approved federal census. 


12. The commissioner is hereby authorized to expend funds annually for
 formula grants to public library systems, reference and research library
 resources  systems,  and  school  library  systems  operating  under  an
 approved plan of service. Such formula grants shall be provided for  the
 period   commencing  July  first  and  ending  on  June  thirtieth  next
 following. Such formula grants will  be  distributed  in  the  following
 manner:
   a.  Each  public  library  system established pursuant to sections two
 hundred  fifty-five  and  two  hundred  seventy-two  of  this  part  and
 operating  under  a  plan  approved  by  the commissioner is entitled to
 receive annually thirty-nine thousand dollars and an amount equal to ten
 and ninety-four hundredths percent of the amount of state  aid  received
 for the current year by such system under paragraphs a, c, d, e and n of
 subdivision one of this section;
   b.  Each  reference  and research library resources system established
 pursuant to section two hundred seventy-two of this part  and  operating
 under  a  plan  approved  by  the  commissioner  is  entitled to receive
 annually thirty-nine thousand dollars and an amount  equal  to  ten  and
 ninety-four  hundredths  percent of the amount of state aid received for
 the current year under paragraph a of subdivision four of this  section;
 and
   c.  Each  school  library  system  established pursuant to section two
 hundred eighty-two of this part and operating under a plan  approved  by
 the  commissioner  is  entitled to receive annually thirty-nine thousand
 dollars and an amount equal to ten and ninety-four hundredths percent of
 the amount of state aid received for the current  year  by  such  system
 under  paragraphs  a, b, c, d, e and f of subdivision one of section two
 hundred eighty-four of this part.

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