EDU-31-10-00019-P Reference and Research Library Resources Systems

8/4/10 N.Y. St. Reg. EDU-31-10-00019-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 31

August 04, 2010

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-31-10-00019-P

Reference and Research Library Resources Systems

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

Proposed Action:

Amendment of section 90.5 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207(not subdivided), 215(not subdivided), 254(not subdivided), 255(1 through 5), 272(2) and 273(not subdivided)

Subject:

Reference and research library resources systems.

Purpose:

To update terminology and clarify procedures relating to the functions of and State aid for reference and research libraries.

Text of proposed rule:

1. Subdivision (a) of section 90.5 of the Regulations of the Commissioner of Education is amended, effective November 10, 2010, as follows:

(a) Governance.

(1) The trustees shall employ a full-time director who is a trained professional librarian and who has had at least eight full years of post-masters of library science professional library experience, at least two years of which shall have been in an administrative capacity, or equivalent experience as determined by the commissioner, and who holds, or is eligible for, certification under section 90.7 of this Part.

(2) Prior to commencement of his or her duties, the treasurer of a reference and research library resources system, appointed pursuant to paragraph (1) of subdivision (c) of section 90.6 of this Part, shall [execute and file with the trustees an official undertaking in such sum] be bonded with such penalty and sureties as the board shall direct and approve.

(3) Voting. Each voting member institution of a reference and research library resources system shall have one vote in the election of each trustee at the annual meeting, and each member institution shall designate an official representative who shall have the authority to cast the member institution's vote.

2. Subdivision (b) of section 90.5 of the Regulations of the Commissioner of Education is amended, effective November 10, 2010, as follows:

(b) Membership.

[(1) Criteria. (i) Each reference and research library resources system shall file with the commissioner for his approval, as an amendment to its plan of service, its minimum criteria for membership.

(ii) Each reference and research library resources system shall file with the commissioner for his approval, as an amendment to its plan of service, each new application for membership in the reference and research library resources system.

(iii) Each reference and research library resources system petitioning the commissioner for approval of a plan of service amendment to add a new member shall demonstrate how such new member will improve the library resources presently available to the research community in the area of the system and/or will bring improved reference and research services to the users of such new member.

(iv)] (i) Each reference and research library resources system shall include all public library systems which provide service within the area served by the system and which have applied for membership and all school library systems some part of which falls within the area served by the system and which have applied for membership.

[(v)] (ii) Each reference and research library resources system may also include public, school, free association, hospital, and Indian libraries, libraries of educational agencies, libraries of nonprofit organizations, and other special libraries that provide service within the area served by the system, provided they meet the criteria for membership [as contained in an amendment to the system plan of service approved by the commissioner pursuant to subparagraph (i) of this paragraph] approved in the annual report except that no public, free association or Indian library which is not a member of a public library system or school library which is not a member of a school library system shall be eligible for membership in a reference and research library resources system.

[(vi) Provisional approval of any new member of a reference and research library resources system may be given during the period December 31, 1980 to December 31, 1982, subject to review and redetermination after December 31, 1982.

(2) Voting. Each member institution of a reference and research library resources system shall have one vote in the election of each trustee at the annual meeting, and each member institution shall designate an official representative who shall have the authority to cast the member institution's vote.]

3. Subdivision (c) of section 90.5 of the Regulations of the Commissioner of Education is amended, effective November 10, 2010, as follows:

(c) Plan of service.

(1) Each reference and research library resources system shall submit for approval by the commissioner a plan of service in a form and by a date [to be] prescribed by [him] the commissioner. Such plan shall be [revised periodically as determined by the commissioner] developed and kept current through revisions made with the ongoing participation of members in the region. The plan of service defines the mutual commitments, responsibilities and obligations of the reference and research library resources system and its members in meeting the service needs of the area served and statewide library service goals.

(2) In addition to the information required by paragraph d of subdivision 2 of section 272 of the Education Law, the plan shall include, but need not be limited to:

(i) [a description of regional resources, including their variety in format and subject matter;

(ii)] a description of programs to meet needs in services, materials and facilities;

[(iii)] (ii) a description of the system's efforts to [fully use] maximize and leverage local resources, responsibility, initiative and support of library service.[s, and the manner in which] State aid [will assist their] should be used in the stimulation of local efforts, but not [be used] as their substitute;

[(iv)] (iii) an assurance that public funds will be utilized economically and efficiently;

[(v)] (iv) the means by which the system will assure compatibility of its computerized and other technical operations with those of other library systems in the State and the New York State Library;

[(vi)] (v) the identification of special client groups, their needs, and the means for meeting these needs;

[(vii)] (vi) a description of the means for locating library materials within the system area and the procedures for accepting, verifying and responding to loan requests, including delivery;

[(viii) an indication that the plan is compatible with the approved plans of service of other library systems in the region, as demonstrated by evidence of appropriate consultation with public library systems, school library systems and the regional intersystem cooperative network; and

(ix)] (vii) [evidence that service programs are compatible with the Regional Medical Library Network or other special library networks which also serve member libraries.] an indication of the manner in which the reference and research library resources system strengthens the programs of its members;

(viii) evidence that all types of members in the region participate in the development of the plan and that the plan balances the needs of all types of members; and

(ix) activities involving professional development, education, and training.

[(3) Any contract relating to library services into which the system enters with its member libraries, other library systems, consortia or networks shall be considered an amendment to the plan of service, and shall be subject to the prior approval of the commissioner.]

(d) Reports. . . .

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

Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Bernard A. Margolis, St. Librarian & Asst. Comm. for Library, State Education Department, Cultural Education Center, Room 10C34, 222 Madison Avenue, Albany, NY 12230, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

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 215 of the Education Law authorizes the Commissioner of Education to visit, examine, and inspect schools or institutions under the education supervision of the State and require reports from such schools.

Section 254 of the Education Law authorizes the Regents to fix standards of library service for public libraries.

Section 255 of the Education Law provides for the establishment of public libraries and cooperative library systems.

Section 272(2) of the Education Law defines "reference and research library resources systems" and sets forth the conditions under which they are entitled to State aid. Section 272(2)(e) authorizes the Commissioner to adopt regulations to provide the standard of service with which public library systems must comply.

Section 273 of the Education Law provides for state aid to libraries and library systems providing service under an approved plan.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative objectives of the above-referenced statutes by updating and clarifying certain terminology relating to the functions of and State aid for reference and research library resources systems.

3. NEEDS AND BENEFITS:

The proposed amendment is needed to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations relating to reference and research library resources systems. Specifically, the proposed rule expands the definition of plan of service and more accurately reflects the information to be included in a plan of service in order to be consistent with the description in other library system regulations; the requirements for a full-time director are clarified; and references to obsolete practices and terms are omitted; in order to conform to Education Law section 272, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.

4. COSTS:

(a) Costs to the State government. The amendment will not impose any additional costs on State government, including the State Education Department.

(b) Costs to local government: The proposed amendment will not impose any additional costs upon local government.

(c) Costs to private, regulated parties: none.

(d) Costs to regulating agency for implementation and continued administration of this rule: none.

The proposed amendment merely clarifies procedural requirements and updates certain terminology in section 90.5 of the Commissioner's Regulations relating to reference and research library resources systems, in order to accurately reflect the statutory intent and current implementation of Education Law section 272. The proposed amendment does not impose any additional costs on the State, local governments, private regulated parties or the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment is merely needed to clarify procedural requirements and update certain terminology in section 90.5 of the Commissioner's Regulations, in order to accurately reflect the statutory intent and current implementation of Education Law section 272.

6. PAPERWORK:

The proposed amendment does not require any additional paperwork requirements.

7. DUPLICATION:

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

8. ALTERNATIVES:

The proposed amendment merely updates procedural requirements and clarifies certain terminology relating to reference and research library resource systems, in order to accurately reflect the statutory intent and current implementation of Education Law section 272. There were no significant alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

The proposed amendment does not exceed any minimum standards of the federal government.

10. COMPLIANCE STANDARDS:

The proposed amendment would take effect on its stated effective date. It is anticipated that the regulated parties would come into compliance with the amendment on or immediately following such date. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.

Regulatory Flexibility Analysis

(a) Small Businesses:

The purpose of the proposed amendment is to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations, relating to the approval of reference and research library resources systems, in order to conform to Education Law section 272, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute. The amendment does not impose any reporting, recordkeeping, or compliance requirements on small businesses and will not have an adverse economic impact on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one was not prepared.

(b) Local Governments:

1. EFFECT OF RULE:

The proposed amendment will affect all counties, cities, villages, towns, school districts or other body authorized to levy and collect taxes, which have established reference and research library resources systems. The reference and research library resources systems (3Rs) are State-funded regional library systems chartered by the New York State Board of Regents and designated to support improved access to information for the people of New York through resource sharing among 23 public library systems, 41 school library systems and over 900 academic, hospital, law, business, large public and special libraries.

2. COMPLIANCE REQUIREMENTS:

The amendment does not directly impose any compliance requirements on local governments. The proposed amendment is needed to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations relating to reference and research library resources systems, in order to conform to Education Law section 272, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.

Specifically, the proposed rule expands the definition of plan of service and more accurately reflects the information to be included in a plan of service in order to be consistent with the description in other library system regulations, the requirements for a full-time director are clarified, and references to obsolete practices and terms are omitted.

3. PROFESSIONAL SERVICES:

The proposed amendment applies to reference and research library resources systems and imposes no additional professional service requirements on local governments.

4. COMPLIANCE COSTS:

The proposed amendment does not impose any costs on local governments. The proposed amendment merely updates certain terminology and clarifies procedural requirements relating to reference and research library resources systems, in order to conform to Education Law section 272, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any new technological requirements or costs on local governments.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment does not impose any additional compliance requirements or costs on local governments. The proposed amendment merely updates certain terminology and clarifies procedural requirements in the Commissioner's Regulations relating to reference and research library resources systems, in order to accurately reflect the statutory intent and current implementation of section 272 of the Education Law. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on regulated parties.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from reference and research library resources systems directors in various regions of the State.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment will apply to the nine reference and research library resources systems in New York State, including reference and research library resources systems located in the 44 rural counties with less than 200,000 inhabitants and 71 towns in urban counties with a population density of 150 per square mile or less. The reference and research library resources systems (3Rs) are State-funded regional library systems chartered by the New York State Board of Regents and designated to support improved access to information for the people of New York through resource sharing among 23 public library systems, 41 school library systems and over 900 academic, hospital, law, business, large public and special libraries.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The purpose of the proposed amendment is to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations, relating to reference and research library resources systems, in order to conform to Education Law section 272, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute. The proposed amendment will not impose any additional reporting, recordkeeping, or other compliance requirements or professional services requirements on reference and research library resources systems located in rural areas.

Current operations of library systems are more accurately reflected and references to obsolete practices and terms are omitted.

3. COSTS:

The proposed amendment does not impose any costs on reference and research library resources systems located in rural areas. The proposed amendment merely updates certain terminology and clarifies procedural requirements relating to reference and research library resources systems, in order to conform to Education Law section 272, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment does not impose any additional compliance requirements or costs on reference and research library resources systems located in rural areas. The proposed amendment merely updates certain terminology and clarifies procedural requirements in the Commissioner's Regulations reference and research library resources systems, in order to accurately reflect the statutory intent and current implementation of Education Law section 272. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on regulated parties. In order to ensure uniform, State-wide high standards for reference and research library resources systems, the proposed amendment applies State-wide and, accordingly, it was not possible to provide for a lesser standard or exemption for rural areas.

5. RURAL AREA PARTICIPATION:

The proposed amendment has been sent for comment to reference and research library resources systems directors in various regions of the State, including those in rural areas.

Job Impact Statement

The purpose of the proposed amendment is to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations, relating to reference and research library resources systems, in order to conform to Education Law section 272, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute. The amendment will not affect jobs or employment opportunities in this or any field. Because it is evident from the nature of the proposed rule that it will have no impact on jobs and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.