The State Education Department's Proposal on Free Direct Access
Summary of Recommendations
No Charges for Onsite Access or for Library Cards
Public and association libraries chartered by the Regents and registered by the Department may not charge any
individuals or families for on-site access regardless of age or where they live. This is the same as current law
and regulation.
Member libraries and systems may not charge any individuals or families living within the system service area
for library cards. This is the same as current law and regulation.
Restrictions on Borrowing of Materials and Use of Services
Systems will incorporate into their Plan of Service a mechanism for member library relief from over-use by
allowing member libraries to restrict borrowing of materials and use of services as outlined in CR 90.3. A variance
from the Commissioner will no longer be required for this form of restriction. Each system's approved relief plan
will have a sunset provision and be subject to periodic renewals.
That portion of the System Plan dealing with the requirements of CR 90.3 must be approved by 2/3 of the member
libraries in the system.
Systems can apply to the Commissioner, on behalf of one or more member libraries; to restrict borrowing of
materials and use of services beyond those materials and services identified in CR 90.3. Such requests must be
approved by 2/3 of the member libraries in the system and are subject to approval of the Commissioner.
Withholding Library Services to Residents of Unserved Jurisdictions
Member libraries of a public library system may, without further Department or system approval, withhold library
service from residents of a jurisdiction with a population of over 10,000 that does not choose to establish a library
or contract for library service.
Systems may apply to the Commissioner, on behalf of a member library, to withhold library services from residents
of a jurisdiction with a population of fewer than 10,000 that does not choose to establish a library or contract
for library service. This application must be approved by 2/3 of the member libraries and is subject to approval
of the Commissioner.
Identifying System Services to Residents of Unserved Jurisdictions
A System Plan must be developed by each system that:
Proposes actions to bring library services to all geographic areas in the system.
Describes how systems will deliver library services and materials to people living in unserved areas.
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