EDU-48-08-00022-P State Library's Policy and Practice Relating to Borrowing Library Materials

11/26/08 N.Y. St. Reg. EDU-48-08-00022-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 48

November 26, 2008

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-48-08-00022-P

State Library's Policy and Practice Relating to Borrowing Library Materials

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 92.1 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207 (not subdivided) and 249 (not subdivided)

Subject:

State Library's policy and practice relating to borrowing library materials.

Purpose:

To conform Commissioner's Regulations to the State Library's current policy and practice relating to borrowing library materials.

Text of proposed rule:

Section 92.1 of the Regulations of the Commissioner of Education is amended, effective March 5, 2009, as follows:

§ 92.1 New York State Library.

(a) Use of library materials at the State Library. All adults may use the resources of the State Library onsite for reference purposes during the hours that the library is open to the public.

(b) Borrowers. [The] After registering and being approved for borrowing privileges, in the manner as established by the assistant commissioner for libraries or his or her designee, the following may borrow any circulating library material, provided that they comply with the provisions of this section and any other library rules in effect:

(1) Official. Members of the Legislature [,]; Regents of the university [,]; judges of the Court of Appeals [,]; justices of the Supreme Court [,]; [and] heads of State departments, commissions and institutions [. Local]; and local government historians may borrow circulating materials [for use in connection with their official duties upon application to the State Librarian in a form prescribed by the commissioner]. Permanently appointed State employees may borrow such material [for use in connection with their official duties] under either of the following conditions:

(i) through a library established by a State department or agency, or a library representative designated by the head of a department or agency; or

(ii) to an individual upon registration with the library with proof that the individual is a permanent employee of State Government [; registration will be granted upon certification, by a supervisor at the bureau chief level or above, that an individual is currently a permanent employee of a State agency and requires library materials in connection with official duties].

(2) Professional. New York State [Licensed] licensed physicians and [duly admitted] attorneys admitted to practice in New York State, who are residents of New York State, may borrow materials [needed in connection with professional duties].

(3) Institutional. All institutions in the university, registered or accredited by the Regents, and institutions maintained by Federal, State and local governments, and such other libraries as may be so designated by the assistant commissioner for libraries, may borrow from the State Library through library systems or other access points so designated by the assistant commissioner for libraries.

(4) [Individual] New York State residents. Individuals may have access to the collections of the State Library through the institutions listed in paragraph (3) of this subdivision or, New York State residents 18 years old and older upon proof of residency may borrow circulating library materials if borrowed onsite.

(5) Special permission. Individuals or agencies that do not have access to library services through the means described above may be granted permission to borrow from the State Library, for a limited period, at the discretion of the assistant commissioner for libraries or the director of the State Library.

(c) Loans. [Loans from the State Library are limited to library materials not to be had in local libraries or library systems.] All individual borrowers and libraries are responsible for material borrowed until the material is returned and for any charges incurred for lost or damaged material.

(1) Lending period. The [ordinary] normal loan period for individual borrowers is four weeks [with renewal privilege for two weeks] and for libraries is six weeks.

(2) Renewal. [A single renewal] Material may be renewed for a period of [two] four weeks [may be secured]. However, prior reservation by another patron will take precedence over renewal.

(3) Recall. All library materials are subject to recall at any time and, when recalled, must be returned at once.

(4) Library materials not returned. Any library materials not returned within [one week after notice may be sent for at the expense of the borrower, and if not returned within one month] six weeks after the due date may be considered lost and the borrower required to pay replacement and processing costs.

(5) Fines. Any Library materials borrowed by New York State residents under paragraph (4) of subdivision (b) of this section that are not returned on or before the due date are subject to a fine. Upon application for a borrower's card, applicants will be informed of the current fine schedule.

(6) Penalties. Violation of the provisions of this subdivision may result in suspension of loan privileges [for six months]. Persistent violation of the provisions of this subdivision shall result in permanent suspension of loan privileges.

[(6)] (7) Reserves. Library materials, except those which are deemed restricted under this Part, may be reserved. When reserved material becomes available, the requesting library or individual will be so notified. Reserved material will not be held longer than a week after date of notification.

(d) Interlibrary loans to libraries outside New York State. Materials not readily available elsewhere [and requested for purposes of scholarship and research] will be lent when possible to libraries in other states. The assistant commissioner for libraries may enter into reciprocal borrowing arrangements with other libraries or groups of libraries. Individuals in states other than New York State may borrow material through interlibrary loan at their local library.

(e) Restricted materials. Restricted materials shall include:

(1) reference books or books and other material in great demand at the State Library, which are lent only under conditions specified by the library;

(2) most periodicals and newspapers, bound and unbound, which are not available for loan, [although photocopies or microfilm] except that microformat of these materials may be [provided] loaned under conditions specified by the library;

(3) manuscripts and books of exceptional rarity or value, which may be used only in the library;

(4) genealogies and local histories, which will be lent only when the library owns duplicate copies in good condition;

(5) materials of such fragility, rarity, size or other consideration as to be [unsuitable] unsuitable for use outside of the building. The assistant commissioner for libraries may establish terms and conditions for the loan of other materials in special collections of the library [.];

(6) copy 1, or the only copy of a particular State document.

(f) Loan of manuscripts. Manuscripts which are in the custody of the State Library may be loaned to local historical associations, museums, libraries or other responsible educational organizations upon terms and conditions set forth in an agreement between the department, acting through the assistant commissioner for libraries, and the organization requesting the loan, except that loans of the following shall be subject to approval by the Regents:

Journal of the Albany Congress of 1754 (Albany Plan of Union)

Autographs of Signers of Declaration of Independence—Special Collection

Washington Relics, as Authorized to be Purchased for the State Library, Chapter 715, Laws of 1871, and Listed in the Annual Report of the Library for 1873

President Lincoln's First Emancipation Proclamation, September 22, 1862—Original Draft

Text of proposed rule and any required statements and analyses may be obtained from:

Lisa Struffolino, State Education Department, Office of Counsel, State Education Bldg., Room 148, Albany, New York 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jeffery Cannell, Deputy Commissioner, State Education Department, Cultural Education Center, Room 10A33, Albany, New York 12234

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 249 of the Education Law authorizes members of the Legislature, judges of the Court of Appeals, justices of the Supreme Court and heads of State departments to borrow books from the State Library subject to the restrictions and penalties prescribed by the Board of Regents for the safety or greater usefulness of the State Library. Education Law § 249 also authorizes the State Library to lend its books and printed material for a limited time to other individuals and institutions pursuant to the rules and conditions prescribed by the Board of Regents. Further, Education Law § 249 authorizes the lending of such materials to New York State residents free of charge as far as practicable, and authorizes the Board of Regents, in their discretion, to charge a proper fee to nonresidents or for assistance of a personal nature or for other reason not properly an expense to the State, but which may be authorized for the accommodation of users of the library.

2. LEGISLATIVE OBJECTIVES:

The proposed rule carries out the legislative objectives of the above-referenced statutes by conforming the Regulations of the Commissioner of Education to the State Library's current policy and practice relating to borrowing library materials.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is to conform the Commissioner's Regulations to the State Library's current policy and practice relating to borrowing library materials. Such current circulation policy increases accessibility to such materials and the efficiency of the borrowing process.

Specifically, the proposed amendment requires that all persons authorized under the Commissioner's Regulations to borrow circulating library materials must first apply for borrowing privileges; eliminates the restriction that authorized State officials may only borrow library materials for work-related purposes, so long as such individuals provide proof they are permanent State employees; and makes permanent a 2004 pilot program that permits New York State residents eighteen years and older to borrow library materials directly from the State Library so long as borrowed onsite and imposes a fine for overdue library materials. The proposed amendment also restricts circulation of the only copy of a State document.

Further, the proposed amendment simplifies certain portions of the circulation policy relating to the renewal and return of such materials and clarifies the intended meaning of certain terms or provisions. In particular, the amendment simplifies the return policy by providing that materials not returned within six weeks after the due date are considered lost and may be replaced at the borrower's expense. Additionally, the amendment clarifies that licensed physicians and attorneys admitted to practice in New York State also have to be residents of the State to borrow library materials. The proposed amendment also makes technical amendments including grammatical and stylistic changes.

4. COSTS:

(a) Costs to State government: The amendment will not impose any additional costs on State government, including the State Education Department. The amendment merely conforms the Commissioner's Regulations to the current policy and practice of the State Library relating to borrowing circulating library materials and does not impose any costs on State government.

(b) Costs to local government: The amendment merely conforms the Commissioner's Regulations to the State Library's current circulation policy and does not impose any additional costs on local government.

(c) Costs to private regulated parties: The amendment merely conforms the Commissioner's Regulations to the State Library's current circulation policy and does not impose any additional costs on any regulated parties.

(d) Costs to the regulatory agency. As stated above in "Costs to State Government", the proposed amendment does not impose additional costs on the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment conforms the Commissioner's Regulations to the State Library's current circulation policy. The amendment does not impose any program, service, duty, or responsibility upon local governments.

6. PAPERWORK:

The proposed amendment conforms the Commissioner's Regulations to the State Library's current circulation policy. The proposed amendment will require authorized borrowers to apply to the State Library for borrowing privileges on a designated form. The amendment will not require any substantial additional paperwork requirements. Further, there are no substantial new reporting requirements or additional recordkeeping associated with the proposed amendment.

7. DUPLICATION:

The proposed amendment does not duplicate any existing State or federal requirements.

8. ALTERNATIVES:

There are no viable alternatives to the proposed amendment and none were considered. The amendment merely conforms the Commissioner's Regulations to the State Library's current policy and practice relating to borrowing library materials. The amendment primarily clarifies certain terms and provisions, simplifies certain portions of such policy, and makes other technical amendments.

9. FEDERAL STANDARDS:

No federal standards apply to the subject matter of this rule making.

10. COMPLIANCE SCHEDULE:

The proposed amendment would be effective on its stated effective date. The amendment conforms the Commissioner's Regulations to the State Library's circulation policy currently in effect. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.

Regulatory Flexibility Analysis

The proposed amendment relates solely to the State Library's policy on borrowing circulating library materials and does not impose any reporting, recordkeeping or other compliance requirements on small businesses or local government, nor will it impose any adverse economic impact on them. Because it is evident from the nature of the proposed amendment that it will not affect small businesses or local government, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local government is not required and one has not been prepared.

Rural Area Flexibility Analysis

The proposed amendment relates solely to the State Library's policy on borrowing circulating library materials and will not impose any adverse economic impact or reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas of the State. Because it is evident from the nature of the proposed amendment that it will not affect rural areas of the State, no further steps were needed to ascertain that fact and none were taken. Accordingly, a rural area flexibility analysis is not required and one has not been prepared.

Job Impact Statement

The proposed amendment relates solely to the State Library's policy on borrowing circulating library materials and will not have a substantial adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have no impact on jobs or employment opportunities, no further measures were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.