PRIOR PRINTER'S NOS. 676, 1719, 1897 PRINTER'S NO. 1961
No. 17 Session of 1999
INTRODUCED BY STEVENSON, WILLIAMS, GEIST, FAIRCHILD, GORDNER,
CALTAGIRONE, ORIE, LAUGHLIN, CORNELL, FEESE, ROBINSON,
KAISER, FARGO, READSHAW, WALKO, BATTISTO, MARKOSEK, HERMAN,
PETRONE, FICHTER, GEORGE, MANDERINO, ROSS, RUBLEY, VANCE,
NAILOR, HENNESSEY, PLATTS, DRUCE, SEYFERT, BELARDI, MUNDY,
SEMMEL, STERN, SCRIMENTI, ARMSTRONG, TRAVAGLIO, B. SMITH,
McCALL, PETRARCA, ARGALL, BENNINGHOFF, SCHRODER, HERSHEY,
E. Z. TAYLOR, DeLUCA, DAILEY, STAIRS, BAKER, SURRA, RAYMOND,
MICOZZIE, HESS, MASLAND, KENNEY, SAYLOR, ZUG, COLAFELLA,
MANN, DALEY, KREBS, JAMES, SNYDER, S. MILLER, BUNT, WILT,
SOLOBAY, CLYMER, HARHAI, RAMOS, MARSICO, PISTELLA, STABACK,
DALLY, SANTONI, TULLI, MAHER, STETLER, DERMODY, ROEBUCK,
MICHLOVIC, SERAFINI, L. I. COHEN, BROWNE AND FLICK,
MARCH 2, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 8, 1999
AN ACT
1 Amending the act of June 14, 1961 (P.L.324, No.188), entitled
2 "An act relating to the establishment, operation and
3 maintenance of the State Library and public libraries in the
4 Commonwealth; amending, revising, consolidating and changing
5 the laws relating thereto; imposing duties upon public
6 officers; providing for State and local cooperation and
7 assistance in the establishment and maintenance of libraries;
8 prescribing penalties; and repealing existing laws," further
9 providing for State-aid to local libraries and library
10 systems.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 302 of the act of June 14, 1961 (P.L.324,
14 No.188), known as The Library Code, amended December 9, 1980
15 (P.L.1125, No.200), is amended to read:
1 Section 302. Definitions.--As used in this article--
2 (1) "Basic Standards." The basic standards are standards
3 promulgated by the State Librarian and approved by the Advisory
4 Council on Library Development, in compliance with sections
5 201(15) and 303, which must be achieved by a local library to
6 qualify for the State-aid authorized by section 303(1) and (7)
7 and by a branch library or a bookmobile to qualify for the
8 State-aid authorized by section 303(7). The standards shall be
9 those deemed essential to a library, branch or bookmobile for it
10 to fulfill the definition of local library stated in section
11 102(1).
12 (2) "Direct Service Area." The municipality or
13 municipalities to which the governing body of a library is
14 responsible for extending all its library services without
15 charge.
16 (3) "Financial Effort." The sum expended annually by a
17 local library for the establishment, operation and maintenance
18 of library services which derives from local taxes, gifts,
19 endowments and other local sources, as may be provided under
20 rules and regulations adopted by the Advisory Council on Library
21 Development, and which is used to determine eligibility for
22 State-aid.
23 (4) "Financial Effort Equal to One-half Mill." The
24 financial effort equal to one-half mill times the market value
25 of taxable property, as determined by the State Tax Equalization
26 Board, in the municipalities for which aid is claimed or in the
27 direct service area of a local library, whichever is applicable.
28 (5) "Financial Effort Equal to One-quarter Mill." The
29 financial effort equal to one-quarter mill times the market
30 value of taxable property, as determined by the State Tax
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1 Equalization Board, in the municipalities for which aid is
2 claimed or in the direct service area of a local library,
3 whichever is applicable.
4 (5.1) "INTERNET." THE INTERNATIONAL NONPROPRIETARY COMPUTER <--
5 NETWORK OF BOTH FEDERAL AND NON-FEDERAL INTEROPERABLE PACKET-
6 SWITCHED DATA NETWORKS.
7 (5.1) (5.2) "Local Government Support." Support from a <--
8 municipality within a direct service area for the normal
9 recurring operating costs of a library or a library system
10 serving that direct service area from appropriations, general
11 purpose taxes, special library taxes or direct payment of any
12 library expense. The term shall not include costs of shared
13 services, in-kind costs or employment program costs.
14 (6) "Minimum Standards." Standards promulgated by the State
15 Librarian and approved by the Advisory Council on Library
16 Development, in compliance with sections 201(15) and 303, which
17 must be achieved by a local library or a library system to
18 qualify for aid [authorized by section 303(2)] under section
19 303.
20 (7) "Per Capita." Amounts determined on the basis of either
21 the latest official United States Census report or the
22 population upon which the 1979-1980 State-aid payment was based,
23 whichever is greater. Beginning with the 1999-2000 fiscal year,
24 the term shall mean the most recent official United States
25 Census report for purposes of calculating payment under section
26 303(b)(1.1) and (2.1).
27 (8) "Surplus Financial Effort." The financial effort which
28 is in excess of a financial effort equal to one-half mill on
29 market value in the direct service area or two dollars ($2) per
30 capita for each person residing in the direct service area of
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1 the local library, whichever is less.
2 Section 2. Section 303 of the act, amended July 10, 1985
3 (P.L.195, No.50) and June 30, 1989 (P.L.71, No.18), is amended
4 to read:
5 Section 303. State-aid.--(a) Beginning in the 1985-1986
6 fiscal year and through the 1998-1999 fiscal year, in each year
7 that the Commonwealth's total annual appropriation for the
8 system of State-aid established by section 301 equals or exceeds
9 seventeen million five hundred thousand dollars ($17,500,000),
10 two and three-quarters percent (2.75%) of said appropriation
11 shall first be allocated as equalization aid, as provided for in
12 clause (6) of subsection (b) and the remainder of said
13 appropriation shall then be allocated according to the
14 percentages established in clauses (1), (2), (3), (4), (5) and
15 (7) of subsection (b).
16 (b) [Subject to the limitations in subsection (a),] State-
17 aid shall be paid when a library achieves the applicable
18 standards determined by counseling with the State Librarian
19 pursuant to the advice and recommendations of the Advisory
20 Council on Library Development, or submits plans as set forth in
21 section 304 of this act leading to the achievement of such
22 standards, and makes a minimum financial effort as follows,
23 except that no library receiving State-aid prior to and at time
24 of the approval of this act shall receive less State-aid as a
25 result of the provisions hereof notwithstanding that such
26 library has not accepted the provisions of this act:
27 (1) Basic Aid to Local Libraries. [Twenty-five] For
28 eligible fiscal years up to and through the 1998-1999 fiscal
29 year, twenty-five percent (25%) of the Commonwealth's total
30 annual appropriation for the system of State-aid established by
19990H0017B1961 - 4 -
1 section 301, or a minimum of twenty-five cents (25¢) per capita
2 for each person residing in the municipalities of the libraries
3 which qualify for basic aid, shall be allocated as basic aid.
4 Any local library which makes a minimum financial effort
5 equal to one-half mill, for the municipalities on behalf of
6 which it applies for aid, or two dollars ($2) per capita for
7 each person residing in those municipalities, whichever is less
8 and achieves the basic standards, shall qualify for basic State-
9 aid. Such aid shall not be less than twenty-five cents (25¢) for
10 each person residing in the municipalities. However, when the
11 allocation for basic aid exceeds the amount necessary to pay the
12 minimum rate, the entire allocation shall be distributed at a
13 per capita rate which shall be determined by dividing the
14 allocation by the number of persons in the Commonwealth on
15 behalf of which local libraries and library systems apply and
16 qualify for basic aid: Provided, That in the first year in which
17 a library applies for State-aid it shall qualify by making a
18 minimum financial effort equal to one-quarter mill, or one
19 dollar ($1) per capita for each person residing in the
20 municipalities whichever is less.
21 In each of the succeeding five years, such library shall
22 qualify for maximum State-aid only when it increases its
23 financial effort by the following scale of percentages of the
24 difference between the financial effort with which such library
25 initially qualified for State-aid and a financial effort equal
26 to one-half mill, or two dollars ($2) per capita for each person
27 residing in the municipalities for which it applies for aid,
28 whichever is less:
29 1st succeeding year--20 percent,
30 2nd succeeding year--40 percent,
19990H0017B1961 - 5 -
1 3rd succeeding year--60 percent,
2 4th succeeding year--80 percent,
3 5th succeeding year--100 percent.
4 But where the increase in any year is less than the percentage
5 specified above, the amount of State-aid shall be reduced by a
6 percentage equal to one-fifth of the percentage which the
7 difference between the required increase and the actual increase
8 bears to the required increase multiplied by the number of years
9 of participation in State-aid beyond the first year.
10 After the fifth succeeding year, a local library shall not be
11 eligible for further State-aid unless it makes a financial
12 effort equal to one-half mill for the municipalities on behalf
13 of which it applies for aid, or two dollars ($2) per capita for
14 each person residing in those municipalities, whichever is less.
15 (1.1) Quality Libraries Aid.
16 (i) Beginning with fiscal year 1999-2000 and each fiscal
17 year thereafter, qualifying local libraries and library systems
18 shall receive Quality Libraries Aid to be allocated from the sum
19 total of a hold harmless amount plus an annual supplement, both
20 amounts to be derived from the Commonwealth's annual
21 appropriation for grants to local libraries and library systems.
22 The hold harmless amount for Quality Libraries Aid shall be the
23 amount allocated under clause (1) above for Basic Aid to Local
24 Libraries for fiscal year 1998-1999 from the amount allocated
25 from the Commonwealth's annual appropriation for grants to local
26 libraries and library systems. For fiscal year 1999-2000, the
27 annual supplement shall be forty-seven percent (47%) of any
28 increase in the Commonwealth's annual appropriation for grants
29 to local libraries and library systems above the amount
30 appropriated for fiscal year 1998-1999. For subsequent fiscal
19990H0017B1961 - 6 -
1 years, the annual supplement for Quality Libraries Aid shall be
2 specified in the Commonwealth's annual appropriation for grants
3 to local libraries and library systems within the General
4 Appropriations Act for that fiscal year.
5 (ii) Quality Libraries Aid shall be allocated to qualifying
6 local libraries and library systems on a per capita basis in the
7 following manner: The annual allocation of funds available for
8 Quality Libraries Aid shall be divided by the total population
9 on which all libraries and library systems qualify for State-aid
10 to yield a per capita amount of Quality Libraries Aid. The per
11 capita amount of Quality Libraries Aid shall then be multiplied
12 by the total population residing within the municipalities
13 served by a library or library system which qualifies for aid.
14 (iii) To qualify, a local library or library system must
15 make a minimum financial effort of five dollars ($5) per capita
16 for each person residing in the municipalities based on which it
17 qualifies for aid.
18 (iv) Any local library or library system that received
19 State-aid under clause (1) above for fiscal year 1998-1999 shall
20 have up to three years to make the minimum financial effort of
21 five dollars ($5) per capita but must annually for each of those
22 three years increase its minimum financial effort over that made
23 in the preceding fiscal year in order to qualify for Quality
24 Libraries Aid.
25 (v) Any local library or library system that did not receive
26 State-aid under clause (1) above for fiscal year 1998-1999 must
27 make the minimum financial effort of five dollars ($5) per
28 capita in order to qualify for Quality Libraries Aid.
29 (vi) Any local library or library system which applies for
30 State-aid on behalf of an economically distressed municipality
19990H0017B1961 - 7 -
1 as defined in clause (6) of this subsection must expend a
2 minimum of two dollars ($2) per capita for the residents of the
3 municipality.
4 (vii) Except for the population of municipalities considered
5 economically distressed, beginning with fiscal year 2002-2003,
6 all libraries and library systems which received State-aid in
7 fiscal year 1998-1999 must make a minimum financial effort of
8 five dollars ($5) per capita to qualify for Quality Libraries
9 Aid.
10 (1.2) To receive aid under clause (1.1) above, the local
11 library or library system must meet the following minimum
12 standards:
13 (i) Participate in the Access Pennsylvania Statewide Library
14 Card Program.
15 (ii) Lend materials free of charge on a reciprocal basis to
16 all types of libraries in this Commonwealth.
17 (iii) Provide interlibrary loans to residents of the
18 library's direct service area free of charge.
19 (iv) Be open for service at least twenty-six hours per week
20 during hours best-suited to the needs of residents of its
21 service area, to include at least six hours during the weekend
22 period beginning on Saturday and ending on Sunday. Weekend hours
23 may be reduced to four hours during time periods as community-
24 use patterns warrant for ten weeks per year.
25 (v) The library director shall annually attend at least
26 eight hours of continuing education programs approved by the
27 Office of Commonwealth Libraries.
28 (2) Incentive Aid to Local Libraries. [Twenty-five] For
29 eligible fiscal years up to and through the 1998-1999 fiscal
30 year, twenty-five percent (25%) of the Commonwealth's total
19990H0017B1961 - 8 -
1 annual appropriation for the system of State-aid established by
2 section 301, or a minimum of twenty-five cents (25¢) per capita
3 for each person residing in the direct service areas of the
4 libraries which qualify for incentive aid, shall be allocated as
5 incentive aid.
6 Any local library or library system which makes a minimum
7 financial effort equal to one-half mill, or two dollars ($2) per
8 capita for each person residing in its direct service area,
9 whichever is less and fulfills the minimum standards for local
10 libraries or the minimum standards for library systems,
11 whichever is applicable, shall qualify for incentive aid, which
12 shall be in addition to all other amounts of aid provided in
13 this section. Each qualifying library or library system shall
14 receive incentive aid up to fifty cents (50¢) for each one
15 dollar ($1) of surplus financial effort but when fifty cents
16 (50¢) per dollar of surplus financial effort is more than
17 twenty-five cents (25¢) per capita the minimum incentive aid
18 shall be twenty-five cents (25¢) per capita for each person
19 residing in the direct service area. However, if after paying
20 the minimum amount set forth in this clause there is a balance
21 in the allocation, the balance shall be prorated among the
22 libraries and library systems which qualify for a larger amount
23 of aid at the rate of fifty cents (50¢) for each one dollar ($1)
24 of surplus financial effort rather than at the rate of twenty-
25 five cents (25¢) per capita.
26 (2.1) Incentive For Excellence Aid.
27 (i) Beginning with fiscal year 1999-2000 and each fiscal
28 year thereafter, qualifying local libraries and library systems
29 shall receive an Incentive For Excellence Aid to be allocated
30 from the sum total of a hold harmless amount plus an annual
19990H0017B1961 - 9 -
1 supplement, both amounts to be derived from the Commonwealth's
2 annual appropriation for grants to local libraries and library
3 systems. The hold harmless amount for Incentive For Excellence
4 Aid shall be the amount allocated under clause (2) above for
5 Incentive Aid to Local Libraries for fiscal year 1998-1999 from
6 the amount allocated from the Commonwealth's annual
7 appropriation for grants to local libraries and library systems.
8 For fiscal year 1999-2000, the annual supplement shall be fifty-
9 three percent (53%) of any increase in the Commonwealth's annual
10 appropriation for grants to local libraries and library systems
11 above the amount appropriated for fiscal year 1998-1999. For
12 subsequent fiscal years, the annual supplement for Incentive For
13 Excellence Aid shall be specified in the Commonwealth's annual
14 appropriation for grants to local libraries and library systems
15 within the General Appropriations Act for that fiscal year.
16 (ii) To qualify, a local library or library system must make
17 a financial effort greater than five dollars ($5) per capita for
18 each person residing in the municipalities on behalf of which it
19 applies for aid and meet the minimum standards for local
20 libraries or library systems standards.
21 (iii) Incentive For Excellence Aid shall be allocated to
22 local libraries and library systems in the following manner: The
23 annual allocation of funds available for Incentive For
24 Excellence Aid shall be allocated proportionately to qualifying
25 local libraries or library systems for each one dollar ($1) per
26 capita or portion thereof a local library or library system
27 shows in financial effort between five dollars ($5) and seven
28 dollars and fifty cents ($7.50) per capita.
29 (iv) A local library or library system shall not use
30 Incentive For Excellence funds to reduce its financial effort.
19990H0017B1961 - 10 -
1 (2.2) Beginning with fiscal year 1999-2000, and each fiscal
2 year thereafter, to qualify for aid under clause (2.1) above,
3 the local library or member library within a library system must
4 meet the following minimum standards:
5 (i) Expend no less than twelve percent (12%) of the total
6 operating budget of the library on materials. A local library or
7 member library within a library system that expends more than
8 twelve percent (12%) in the year in which it qualified for
9 Incentive for Excellence Aid shall increase the total amount
10 expended on collection each succeeding year by no less than five
11 percent (5%) or the percentage increase in the appropriation for
12 Improvement of Library Services, whichever is less.
13 (ii) Be open for full services at least forty-five hours per
14 week with at least seven of these hours during the weekend
15 period beginning on Saturday and ending on Sunday. A local
16 library or member library within a library system serving a
17 population below seven thousand (7,000) shall be open at least
18 thirty-five hours per week with at least seven of these hours
19 during the weekend period beginning on Saturday and ending on
20 Sunday. Libraries may reduce weekend hours to four hours for ten
21 weeks per year during periods when community use patterns
22 warrant. A local library or member library within a library
23 system may reduce total weekly hours by three hours per week
24 during the ten-week period of reduced Saturday and Sunday hours
25 if approved by the State Librarian.
26 (iii) Require at least six hours of continuing education
27 every two years for paid staff working at least twenty hours per
28 week, in direct support of the library service.
29 (3) County Libraries. [Ten] For eligible fiscal years up to
30 and through the 1998-1999 fiscal year, ten percent (10%) of the
19990H0017B1961 - 11 -
1 Commonwealth's total annual appropriation for the system of
2 State-aid established by section 301 shall be allocated as aid
3 to county libraries. For fiscal year 1999-2000 and each fiscal
4 year thereafter, aid to county libraries shall be allocated from
5 a hold harmless amount to equal that amount allocated for aid to
6 county libraries for fiscal year 1998-1999 from the
7 Commonwealth's annual appropriation for grants to local
8 libraries and library systems. For fiscal years subsequent to
9 1999-2000, any increase over the hold harmless amount for county
10 libraries shall be specified as an annual supplement in the
11 Commonwealth's annual appropriation for grants to local
12 libraries and library systems within the General Appropriations
13 Act for that fiscal year. Funds allocated for county libraries
14 shall be distributed according to the provisions of this clause.
15 In the case of a county library of a second, second A, third,
16 fourth, fifth, sixth, seventh or eighth class county, State-aid
17 shall be given in an amount measured by the amount appropriated
18 by the county government from county moneys, either from the
19 General Fund or a special library tax or other sources, for the
20 support and maintenance of the county library, and shall be
21 determined as follows:
22 Percentage of Aid Calculated
23 Class of County on County Appropriation
24 2 15%
25 2A and 3 20%
26 4 25%
27 5 33%
28 6 50%
29 7 75%
30 8 125%
19990H0017B1961 - 12 -
1 The amount to be paid by the Commonwealth for the maintenance
2 of any county library that qualifies under this clause shall, in
3 any year, be not less than eight thousand dollars ($8,000)
4 whenever the applicable percentage of aid calculated on the
5 county government's appropriation amounts to more than eight
6 thousand dollars ($8,000). If the applicable percentage of aid
7 calculated on the county government's appropriation amounts to
8 less than eight thousand dollars ($8,000), then the county
9 library shall receive such lesser amount. If the allocation for
10 this category of aid is less than the total amount for which all
11 county libraries qualify, the libraries shall be paid the
12 minimum amount of eight thousand dollars ($8,000) or such lesser
13 amount as may be necessary. If the allocation is greater than
14 the total amount of aid for which county libraries qualify, the
15 balance shall be added to the amount of aid to be distributed
16 under clause (7) of this subsection. A report of the expenditure
17 of such State moneys shall be made annually to the county
18 government and the State Librarian in such form as may be
19 required. County libraries may also apply for additional amounts
20 of State-aid under clauses [(1) and (2)] (1.1) and (1.2) above,
21 and clause (7) following.
22 Payment of aid to county libraries shall be made to the board
23 of library directors in charge of each qualifying library.
24 (4) District Library Centers. [Thirty] For eligible fiscal
25 years up to and through the 1998-1999 fiscal year, thirty
26 percent (30%) of the Commonwealth's total annual appropriation
27 for the system of State-aid established by section 301, or a
28 minimum of twenty-five cents (25¢) per capita, shall be
29 allocated as aid for district library centers. For fiscal year
30 1999-2000 and each fiscal year thereafter, aid to District
19990H0017B1961 - 13 -
1 Library Centers shall be allocated from a hold harmless amount
2 to equal that amount allocated for aid to District Library
3 Centers for fiscal year 1998-1999 from the amount allocated from
4 the Commonwealth's annual appropriation for grants to local
5 libraries and library systems. For fiscal years subsequent to
6 1999-2000, any increase over the hold harmless amount for
7 District Library Centers shall be specified as an annual
8 supplement in the Commonwealth's annual appropriation for grants
9 to local libraries and library systems within the General
10 Appropriations Act for that fiscal year. Funds allocated for
11 District Library Centers shall be distributed according to the
12 provisions of this clause.
13 Any library designated by the State Librarian to serve as a
14 district library center shall qualify for an additional amount
15 of State-aid. The rate of aid shall be determined by dividing
16 the total amount allocated for district library centers by the
17 total population of the State, but in no year shall that rate be
18 less than twenty-five cents (25c) per capita. The amount of aid
19 to be paid each district library center shall be determined by
20 multiplying the per capita rate by the number of persons
21 residing in the district.
22 (5) Regional Library Resource Centers. [Five] For eligible
23 fiscal years up to and through the 1998-1999 fiscal year, five
24 percent (5%) of the Commonwealth's annual appropriation for the
25 system of State-aid established by section 301 shall be
26 allocated for aid to regional library resource centers.
27 Any library designated by the State Librarian to serve as a
28 regional library resource center, shall qualify for additional
29 State-aid. The allocation shall be divided equally among the
30 libraries so designated, but in no year shall the amount be less
19990H0017B1961 - 14 -
1 than one hundred thousand dollars ($100,000) per designated
2 library. For fiscal year 1999-2000 and each fiscal year
3 thereafter, aid to Regional Library Resource Centers shall be
4 allocated from a hold harmless amount to equal that amount
5 allocated for aid to Regional Library Resource Centers for
6 fiscal year 1998-1999 from the amount allocated from the
7 Commonwealth's annual appropriation for grants to local
8 libraries and library systems. For fiscal years subsequent to
9 1999-2000, any increase over the hold harmless amount for
10 Regional Library Resource Centers shall be specified as an
11 annual supplement in the Commonwealth's annual appropriation for
12 grants to local libraries and library systems within the General
13 Appropriations Act for that fiscal year. Funds allocated for
14 Regional Library Resource Centers shall be distributed according
15 to the provisions of this clause.
16 (6) Equalization Aid. Beginning in the 1985-1986 fiscal
17 year and through the 1998-1999 fiscal year, in each year that
18 the Commonwealth's total annual appropriation for the system of
19 State-aid established by section 301 equals or exceeds seventeen
20 million five hundred thousand dollars ($17,500,000), two and
21 three-quarters percent (2.75%) of said appropriation shall first
22 be allocated as equalization aid.
23 Any local library or library system which achieves or exceeds
24 applicable basic standards, maintains or exceeds its financial
25 effort of the preceding year and is supported by a municipality
26 that is economically distressed by any one or more of the
27 following criteria shall qualify for equalization aid. For
28 purposes of determining eligibility for equalization aid, an
29 economically distressed municipality shall be: (i) a city,
30 borough, town or township having a market value per capita below
19990H0017B1961 - 15 -
1 the fifth percentile of all such cities, boroughs, towns and
2 townships, as certified annually by the State Tax Equalization
3 Board; (ii) located in a county having a personal income per
4 capita below the fifteenth percentile of all counties, as
5 certified annually by the Department of Revenue; or (iii)
6 located in a county having an annual average unemployment rate
7 above the seventieth percentile of all counties, as determined
8 annually by the Department of Labor and Industry. Population
9 data to be used for determining market value per capita and
10 personal income per capita, as provided for in this clause,
11 shall be the latest available data from the Federal Bureau of
12 Census for the direct service area of the local library or
13 library system.
14 In the case of a library or library system that is supported
15 by an economically distressed municipality but that fails to
16 maintain or exceed its financial effort of the preceding year,
17 the library may still qualify for equalization aid if the State
18 Librarian accepts evidence that the library or municipality did
19 not attempt to substitute State funds for local effort.
20 Beginning in the 1985-1986 fiscal year, twenty percent (20%)
21 of the annual allocation for equalization aid shall first be
22 distributed in equal amounts to all local libraries and members
23 of library systems which qualify for such aid, as determined in
24 accordance with the provisions of this clause. The remainder of
25 the annual allocation shall be distributed on a per capita basis
26 to each local library and library system which qualifies for
27 such aid, as determined in accordance with the provisions of
28 this clause, by dividing the number of persons residing in the
29 direct service area of each such local library or library system
30 by the total number of such persons residing in the direct
19990H0017B1961 - 16 -
1 service areas of all qualifying local libraries or library
2 systems, and multiplying the result by the amount of the
3 allocation to be distributed on a per capita basis.
4 No local library or library system shall, as a result of the
5 provisions of this clause, receive in any year more than one-
6 third of the total annual appropriation for equalization aid.
7 During the 1985-1986 fiscal year and each fiscal year thereafter
8 that the Commonwealth's total annual appropriation for the
9 system of State-aid established by section 301 exceeds seventeen
10 million five hundred thousand dollars ($17,500,000), no local
11 library or library system shall receive less equalization aid as
12 a result of the provisions of this clause than such local
13 library or library system received for equalization aid during
14 the 1984-1985 fiscal year. For fiscal year 1999-2000 and each
15 fiscal year thereafter, Equalization Aid shall be allocated from
16 a hold harmless amount to equal that amount allocated for
17 Equalization Aid for fiscal year 1998-1999 from the amount
18 allocated from the Commonwealth's annual appropriation for
19 grants to local libraries and library systems. For fiscal years
20 subsequent to 1999-2000, any increase over the hold harmless
21 amount for Equalization Aid shall be specified as an annual
22 supplement in the Commonwealth's annual appropriation for grants
23 to local libraries and library systems within the General
24 Appropriations Act for that fiscal year. Funds allocated for
25 Equalization Aid shall be distributed according to the
26 provisions of this clause.
27 (7) Equal Distribution Grants to Local Libraries and Library
28 Systems and Certain District Library Centers. [Five] For
29 eligible fiscal years up to and through the 1998-1999 fiscal
30 year, five percent (5%) of the Commonwealth's annual
19990H0017B1961 - 17 -
1 appropriation for the system of State-aid established by section
2 301, and all funds transferred from the county library
3 allocation after the county libraries have been paid the total
4 amounts for which they qualify, shall be allocated as
5 hereinafter provided: (i) five cents (5¢) per capita for each
6 person residing in the entire district for each district library
7 center which has a population in its direct service area as a
8 local or county library which is twelve percent (12%) or less of
9 the population of the entire designated direct service area;
10 (ii) the balance as equal grants to local libraries and library
11 systems which qualify for aid under clause (1) above. These
12 grants shall be determined by dividing the total amount of money
13 allocated by the number of local libraries, branch libraries and
14 bookmobiles in the Commonwealth which achieve or exceed the
15 applicable basic standards. Each library system shall receive an
16 equal grant for each qualifying member local library, branch
17 library and bookmobile. Each local library shall receive an
18 equal grant for the central library and each qualifying branch
19 library and bookmobile. For fiscal year 1999-2000 and each
20 fiscal year thereafter, Equal Distribution Grants to Local
21 Libraries and Library Systems and Certain District Library
22 Centers shall be allocated from a hold harmless amount to equal
23 that amount allocated for Equal Distribution Grants to Local
24 Libraries and Library Systems and Certain District Library
25 Centers for fiscal year 1998-1999 from the amount allocated from
26 the Commonwealth's annual appropriation for grants to local
27 libraries and library systems. For fiscal years subsequent to
28 1999-2000, any increase over the hold harmless amount for Equal
29 Distribution Grants to Local Libraries and Library Systems and
30 Certain District Library Centers shall be specified as an annual
19990H0017B1961 - 18 -
1 supplement in the Commonwealth's annual appropriation for grants
2 to local libraries and library systems within the General
3 Appropriations Act for that fiscal year. Funds allocated for
4 Equal Distribution Grants to Local Libraries and Library Systems
5 and Certain District Library Centers shall be distributed
6 according to the provisions of this clause.
7 (c) In any fiscal year in which the Commonwealth's annual
8 appropriation for grants to public libraries and library systems
9 is less than the amount appropriated for fiscal year 1998-1999,
10 then the amount allocated for clauses (1.1), (2.1), (3), (4),
11 (5), (6) and (7) of subsection (b) shall be reduced
12 proportionately.
13 (d) If necessary, the Department of Education may transfer
14 funds among the allocations listed in clauses (1.1), (2.1), (3),
15 (4), (5), (6) and (7) of subsection (b), provided that the
16 aggregate amount transferred into or out of each allocation
17 during a fiscal year shall not exceed five percent (5%) of the
18 amount specifically allocated for that clause.
19 Section 3. Section 304 of the act is amended SECTION 304(B) <--
20 OF THE ACT, AMENDED DECEMBER 1, 1971 (P.L.578, NO.150), IS
21 AMENDED AND THE SECTION IS AMENDED by adding a subsection to
22 read:
23 Section 304. State Librarian to Approve Plans; District
24 Library Center Cooperative Program; Referendum.--* * *
25 (B) NO STATE-AID SHALL BE GIVEN TO ANY LIBRARY UNLESS [THE]: <--
26 (1) THE LOCAL LIBRARY BOARD COMMITS THE LIBRARY TO
27 PARTICIPATION IN THE DISTRICT LIBRARY CENTER COOPERATIVE PROGRAM
28 INCLUDING ATTENDANCE AT DISTRICT MEETINGS AND THE USE OF
29 INTERLIBRARY LOANS AND INTERLIBRARY REFERENCES.
30 (2) IF THE LIBRARY PROVIDES ACCESS TO THE INTERNET OR AN ON-
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1 LINE SERVICE, IT HAS ADOPTED A POLICY REGARDING ACCESS BY MINORS
2 TO INTERNET AND ON-LINE SITES THAT CONTAIN OR MAKE REFERENCE TO
3 EXPLICIT SEXUAL MATERIALS AS DEFINED IN 18 PA.C.S. § 5903
4 (RELATING TO OBSCENE AND OTHER SEXUAL MATERIALS AND
5 PERFORMANCES).
6 * * *
7 (d) No local library or library system plan for the use of
8 Incentive for Excellence funds shall be approved if it projects
9 a decrease in local government support for normal, recurring,
10 operating costs from a previous level unless the State Librarian
11 determines that the decrease is directly attributable to a gift
12 or endowment to a library or that there is a substantial
13 decrease in the financial ability of the municipality on behalf
14 of which the library or library system applied for aid.
15 Section 4. The act is amended by adding a section to read:
16 Section 305. Implementation Schedule.--(a) If a library or
17 library system applying for State-aid in 1999-2000 fails to
18 comply with the standards under section 303, the library or
19 library system shall not be eligible for funds under that
20 section.
21 (b) The State Librarian may grant an extension of time to
22 meet the standards under section 303 (b)(1.2) and (2.2) if:
23 (1) the library or library system is financially unable to
24 comply at the time of payment; or
25 (2) a plan is accepted by the State Librarian indicating how
26 the library or library system will comply, to include specifics
27 regarding budget, timeline and how the library is working in
28 good faith to achieve the standards.
29 (c) An extension by the State Librarian shall continue until
30 the time of the submission of the 2000-2001 plan for use of
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1 State funds under this act.
2 Section 5. This act shall take effect July 1, 1999, or
3 immediately, whichever is later.
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