PRINTER'S NO. 3786
No. 2651 Session of 2000
INTRODUCED BY STEVENSON, ORIE, MARKOSEK, MASLAND, BELFANTI,
MARSICO, McILHATTAN, TULLI, E. Z. TAYLOR, ARGALL, HENNESSEY,
WOJNAROSKI, HERSHEY, LUCYK, PESCI, YOUNGBLOOD, BUNT, SOLOBAY,
DALLY, GRUCELA, CORRIGAN, HERMAN, DAILEY, ROSS, L. I. COHEN,
DeLUCA, COLAFELLA, WILLIAMS, MELIO, BASTIAN, WILT, CURRY,
STERN, RAMOS, THOMAS, HARHAI AND STEELMAN, JUNE 26, 2000
REFERRED TO COMMITTEE ON EDUCATION, JUNE 26, 2000
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. Sections 302, 303 and 305 of the act of June 14,
14 1961 (P.L.324, No.188), known as The Library Code, amended or
15 added June 26, 1999, (P.L.408, No.37), are amended and section
16 303 is renumbered to read:
17 Section 302. Definitions.--As used in this article--
18 (1) "Basic Standards." The basic standards are standards
19 promulgated by the State Librarian and approved by the Advisory
20 Council on Library Development, in compliance with sections
1 201(15) and 303, which must be achieved by a local library to
2 qualify for the State-aid authorized by [section 303(1) and (7)]
3 sections 303.2 and 303.11 and by a branch library or a
4 bookmobile to qualify for the State-aid authorized by section
5 [303(7)] 303.11. The standards shall be those deemed essential
6 to a library, branch or bookmobile for it to fulfill the
7 definition of local library stated in section 102(1).
8 (2) "Direct Service Area." The municipality or
9 municipalities to which the governing body of a library is
10 responsible for extending all its library services without
11 charge.
12 (3) "Financial Effort." The sum expended annually by a
13 local library for the establishment, operation and maintenance
14 of library services which derives from local taxes, gifts,
15 endowments and other local sources, as may be provided under
16 rules and regulations adopted by the Advisory Council on Library
17 Development, and which is used to determine eligibility for
18 State-aid.
19 (4) "Financial Effort Equal to One-half Mill." The
20 financial effort equal to one-half mill times the market value
21 of taxable property, as determined by the State Tax Equalization
22 Board, in the municipalities for which aid is claimed or in the
23 direct service area of a local library, whichever is applicable.
24 (5) "Financial Effort Equal to One-quarter Mill." The
25 financial effort equal to one-quarter mill times the market
26 value of taxable property, as determined by the State Tax
27 Equalization Board, in the municipalities for which aid is
28 claimed or in the direct service area of a local library,
29 whichever is applicable.
30 (5.1) "Internet." The international nonproprietary computer
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1 network of both Federal and non-Federal interoperable packet-
2 switched data networks.
3 (5.2) "Local Government Support." Support from a
4 municipality within a direct service area for the normal,
5 recurring operating costs of a library or a library system
6 serving that direct service area from appropriations, general
7 purpose taxes, special library taxes or direct payment of any
8 library expense. The term shall not include costs of shared
9 services, in-kind costs or employment program costs.
10 (6) "Minimum Standards." Standards promulgated by the State
11 Librarian and approved by the Advisory Council on Library
12 Development, in compliance with sections 201(15) and 303, which
13 must be achieved by a local library or a library system to
14 qualify for incentive aid under section [303] 303.4.
15 (7) "Per Capita." Amounts determined on the basis of either
16 the latest official United States Census report or the
17 population upon which the 1979-1980 State-aid payment was based,
18 whichever is greater. Beginning with the 1999-2000 fiscal year,
19 the term shall mean the most recent official United States
20 Census report for purposes of calculating payment under [section
21 303(b)(1.1) and (2.1)] sections 303.2, 303.5, 303.8 and 303.10.
22 (8) "Surplus Financial Effort." The financial effort which
23 is in excess of a financial effort equal to one-half mill on
24 market value in the direct service area or two dollars ($2) per
25 capita for each person residing in the direct service area of
26 the local library, whichever is less.
27 Section 303. State-aid.--(a) Beginning in the 1985-1986
28 fiscal year and through the 1998-1999 fiscal year, in each year
29 that the Commonwealth's total annual appropriation for the
30 system of State-aid established by section 301 equals or exceeds
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1 seventeen million five hundred thousand dollars ($17,500,000),
2 two and three-quarters percent (2.75%) of said appropriation
3 shall first be allocated as equalization aid, as provided for in
4 [clause (6) of subsection (b)] section 303.10 and the remainder
5 of said appropriation shall then be allocated according to the
6 percentages established in [clauses (1), (2), (3), (4), (5) and
7 (7) of subsection (b).] sections 303.1, 303.4, 303.7, 303.8,
8 303.9 and 303.11.
9 (b) State-aid shall be paid when a library achieves the
10 applicable standards determined by counselling with the State
11 Librarian pursuant to the advice and recommendations of the
12 Advisory Council on Library Development, or submits plans as set
13 forth in section 304 of this act leading to the achievement of
14 such standards, and makes a minimum financial effort [as
15 follows], except that no library receiving State-aid prior to
16 and at time of the approval of this act shall receive less
17 State-aid as a result of the provisions hereof notwithstanding
18 that such library has not accepted the provisions of this
19 act[:].
20 [(1)] Section 303.1. Basic Aid to Local Libraries[.].--(a)
21 For eligible fiscal years up to and through the 1998-1999 fiscal
22 year, twenty-five percent (25%) of the Commonwealth's total
23 annual appropriation for the system of State-aid established by
24 section 301, or a minimum of twenty-five cents (25¢) per capita
25 for each person residing in the municipalities of the libraries
26 which qualify for basic aid, shall be allocated as basic aid.
27 (b) Any local library which makes a minimum financial effort
28 equal to one-half mill, for the municipalities on behalf of
29 which it applies for aid, or two dollars ($2) per capita for
30 each person residing in those municipalities, whichever is less
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1 and achieves the basic standards, shall qualify for basic State-
2 aid. Such aid shall not be less than twenty-five cents (25¢) for
3 each person residing in the municipalities. However, when the
4 allocation for basic aid exceeds the amount necessary to pay the
5 minimum rate, the entire allocation shall be distributed at a
6 per capita rate which shall be determined by dividing the
7 allocation by the number of persons in the Commonwealth on
8 behalf of which local libraries and library systems apply and
9 qualify for basic aid: Provided, That in the first year in which
10 a library applies for State-aid it shall qualify by making a
11 minimum financial effort equal to one-quarter mill, or one
12 dollar ($1) per capita for each person residing in the
13 municipalities whichever is less.
14 (c) In each of the succeeding five years, such library shall
15 qualify for maximum State-aid only when it increases its
16 financial effort by the following scale of percentages of the
17 difference between the financial effort with which such library
18 initially qualified for State-aid and a financial effort equal
19 to one-half mill, or two dollars ($2) per capita for each person
20 residing in the municipalities for which it applies for aid,
21 whichever is less:
22 1st succeeding year--20 percent,
23 2nd succeeding year--40 percent,
24 3rd succeeding year--60 percent,
25 4th succeeding year--80 percent,
26 5th succeeding year--100 percent.
27 But where the increase in any year is less than the percentage
28 specified above, the amount of State-aid shall be reduced by a
29 percentage equal to one-fifth of the percentage which the
30 difference between the required increase and the actual increase
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1 bears to the required increase multiplied by the number of years
2 of participation in State-aid beyond the first year.
3 (d) After the fifth succeeding year, a local library shall
4 not be eligible for further State-aid unless it makes a
5 financial effort equal to one-half mill for the municipalities
6 on behalf of which it applies for aid, or two dollars ($2) per
7 capita for each person residing in those municipalities,
8 whichever is less.
9 [(1.1)] Section 303.2. Quality Libraries Aid[.
10 (i) Beginning with fiscal year 1999-2000 and each fiscal
11 year thereafter,].--(a) For fiscal year 1999-2000, qualifying
12 local libraries and library systems shall receive quality
13 libraries aid to be allocated from the sum total of a hold-
14 harmless amount plus an annual supplement, both amounts to be
15 derived from the Commonwealth's annual appropriation for grants
16 to local libraries and library systems. The hold-harmless amount
17 for quality libraries aid shall be the amount allocated under
18 [clause (1) above] section 303.1 for basic aid to local
19 libraries for fiscal year 1998-1999 from the amount allocated
20 from the Commonwealth's annual appropriation for grants to local
21 libraries and library systems. For fiscal year 1999-2000, the
22 annual supplement shall be forty-seven percent (47%) of any
23 increase in the Commonwealth's annual appropriation for grants
24 to local libraries and library systems above the amount
25 appropriated for fiscal year 1998-1999. [For subsequent fiscal
26 years, the annual supplement for quality libraries aid shall be
27 specified in the Commonwealth's annual appropriation for grants
28 to local libraries and library systems within the General
29 Appropriations Act for that fiscal year.] For fiscal year 2000-
30 2001, and each fiscal year thereafter, the amount allocated for
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1 quality libraries aid shall be specified in the Commonwealth's
2 annual appropriation for grants to local libraries and library
3 systems within the General Appropriation Act for that fiscal
4 year.
5 [(ii)] (b) Quality libraries aid shall be allocated to
6 qualifying local libraries and library systems on a per capita
7 basis in the following manner: the annual allocation of funds
8 available for quality libraries aid shall be divided by the
9 total population on which all libraries and library systems
10 qualify for State-aid to yield a per capita amount of quality
11 libraries aid; the per capita amount of quality libraries aid
12 shall then be multiplied by the total population residing within
13 the municipalities served by a library or library system which
14 qualifies for aid.
15 [(iii)] (c) To qualify, a local library or library system
16 must make a minimum financial effort of five dollars ($5) per
17 capita for each person residing in the municipalities based on
18 which it qualifies for aid.
19 [(iv)] (d) Any local library or library system that received
20 State-aid under [clause (1) above] section 303.1 for fiscal year
21 1998-1999 shall have up to three years to make the minimum
22 financial effort of five dollars ($5) per capita but must
23 annually for each of those three years increase its minimum
24 financial effort over that made in the preceding fiscal year in
25 order to qualify for quality libraries aid.
26 [(v)] (e) Any local library or library system that did not
27 receive State-aid under [clause (1) above] section 303.1 for
28 fiscal year 1998-1999 must make the minimum financial effort of
29 five dollars ($5) per capita in order to qualify for quality
30 libraries aid.
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1 [(vi)] (f) Any local library or library system which applies
2 for State-aid on behalf of an economically distressed
3 municipality as defined in [clause (6) of this subsection]
4 section 303.10 must expend a minimum of two dollars ($2) per
5 capita for the residents of the municipality.
6 [(vii)] (g) Except for the population of municipalities
7 considered economically distressed, beginning with fiscal year
8 2002-2003, all libraries and library systems which received
9 State-aid in fiscal year 1998-1999 must make a minimum financial
10 effort of five dollars ($5) per capita to qualify for quality
11 libraries aid.
12 [(1.2)] Section 303.3. Quality Libraries Aid Criteria.--(a)
13 To receive aid under [clause (1.1) above] section 303.2, the
14 local library or library system must meet the following minimum
15 standards:
16 [(i)] (1) Participate in the Access Pennsylvania Statewide
17 Library Card Program.
18 [(ii)] (2) Lend materials free of charge on a reciprocal
19 basis to all types of libraries in this Commonwealth.
20 [(iii)] (3) Provide interlibrary loans to residents of the
21 library's direct service area free of charge.
22 [(iv)] (4) Be open for service at least twenty-six hours per
23 week during hours best suited to the needs of residents of its
24 service area, to include at least six hours during the weekend
25 period beginning on Saturday and ending on Sunday. Weekend hours
26 may be reduced to four hours during time periods as community-
27 use patterns warrant for ten weeks per year.
28 [(v)] (5) The library director shall annually attend at
29 least eight hours of continuing education programs approved by
30 the Office of Commonwealth Libraries.
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1 (6) Participate in the county library plan for the
2 coordination of county-wide services. In the absence of a county
3 library, participate in the coordinated county services plan
4 developed by the district. The State Librarian may, on a case-
5 by-case basis, grant a waiver of participation in certain
6 provisions of the plan under this clause.
7 [(2)] Section 303.4. Incentive Aid to Local Libraries[.].--
8 (a) For eligible fiscal years up to and through the 1998-1999
9 fiscal year, twenty-five percent (25%) of the Commonwealth's
10 total annual appropriation for the system of State-aid
11 established by section 301, or a minimum of twenty-five cents
12 (25¢) per capita for each person residing in the direct service
13 areas of the libraries which qualify for incentive aid, shall be
14 allocated as incentive aid.
15 (b) Any local library or library system which makes a
16 minimum financial effort equal to one-half mill, or two dollars
17 ($2) per capita for each person residing in its direct service
18 area, whichever is less and fulfills the minimum standards for
19 local libraries or the minimum standards for library systems,
20 whichever is applicable, shall qualify for incentive aid, which
21 shall be in addition to all other amounts of aid provided in
22 this section. Each qualifying library or library system shall
23 receive incentive aid up to fifty cents (50¢) for each one
24 dollar ($1) of surplus financial effort but when fifty cents
25 (50¢) per dollar of surplus financial effort is more than
26 twenty-five cents (25¢) per capita the minimum incentive aid
27 shall be twenty-five cents (25¢) per capita for each person
28 residing in the direct service area. However, if after paying
29 the minimum amount set forth in this [clause] section there is a
30 balance in the allocation, the balance shall be prorated among
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1 the libraries and library systems which qualify for a larger
2 amount of aid at the rate of fifty cents (50¢) for each one
3 dollar ($1) of surplus financial effort rather than at the rate
4 of twenty-five cents (25¢) per capita.
5 [(2.1)] Section 303.5. Incentive For Excellence Aid[.
6 (i) Beginning with fiscal year 1999-2000 and each fiscal
7 year thereafter,].--(a) For fiscal year 1999-2000, qualifying
8 local libraries and library systems shall receive an incentive
9 for excellence aid to be allocated from the sum total of a hold-
10 harmless amount plus an annual supplement, both amounts to be
11 derived from the Commonwealth's annual appropriation for grants
12 to local libraries and library systems. The hold-harmless amount
13 for incentive for excellence aid shall be the amount allocated
14 under [clause (2) above] section 303.4 for incentive aid to
15 local libraries for fiscal year 1998-1999 from the amount
16 allocated from the Commonwealth's annual appropriation for
17 grants to local libraries and library systems. For fiscal year
18 1999-2000, the annual supplement shall be fifty-three percent
19 (53%) of any increase in the Commonwealth's annual appropriation
20 for grants to local libraries and library systems above the
21 amount appropriated for fiscal year 1998-1999. [For subsequent
22 fiscal years, the annual supplement for incentive for excellence
23 aid shall be specified in the Commonwealth's annual
24 appropriation for grants to local libraries and library systems
25 within the General Appropriations Act for that fiscal year.] For
26 fiscal year 2000-2001 and each fiscal year thereafter, the
27 amount allocated for incentive for excellence aid shall be
28 specified in the Commonwealth's annual appropriation for grants
29 to local libraries and library systems within the General
30 Appropriation Act for that fiscal year.
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1 [(ii)] (b) To qualify, a local library or library system
2 must make a financial effort greater than five dollars ($5) per
3 capita for each person residing in the municipalities on behalf
4 of which it applies for aid and meet the minimum standards for
5 local libraries or library systems standards.
6 [(iii)] (c) Incentive for excellence aid shall be allocated
7 to local libraries and library systems in the following manner:
8 the annual allocation of funds available for incentive for
9 excellence aid shall be allocated proportionately to qualifying
10 local libraries or library systems for each one dollar ($1) per
11 capita or portion thereof a local library or library system
12 shows in financial effort between five dollars ($5) and seven
13 dollars and fifty cents ($7.50) per capita.
14 [(iv)] (d) A local library or library system shall not use
15 incentive for excellence funds to reduce its financial effort.
16 [(2.2)] Section 303.6. Incentive For Excellence Aid
17 Criteria.--Beginning with fiscal year 1999-2000 and each fiscal
18 year thereafter, to qualify for aid under [clause (2.1) above,
19 the] section 303.5:
20 (1) A local library or [member library within] a library
21 system must [meet the following minimum standards:
22 (i) Expend] expend no less than twelve percent (12%) of the
23 total operating budget of the library on materials. A local
24 library or [member library within] a library system that expends
25 more than twelve percent (12%) in the year in which it qualified
26 for incentive for excellence aid [shall] must increase the total
27 amount expended on collection each succeeding year by no less
28 than five percent (5%) or the percentage increase in the
29 appropriation for improvement of library services, whichever is
30 less.
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1 [(ii) Be] (2) A local library or a member library within a
2 library system must be open for full services at least forty-
3 five hours per week with at least seven of these hours during
4 the weekend period beginning on Saturday and ending on Sunday. A
5 local library or member library within a library system serving
6 a population below seven thousand [shall] must be open at least
7 thirty-five hours per week with at least seven of these hours
8 during the weekend period beginning on Saturday and ending on
9 Sunday. Libraries may reduce weekend hours to four hours for ten
10 weeks per year during periods when community-use patterns
11 warrant. A local library or member library within a library
12 system may reduce total weekly hours by three hours per week
13 during the ten-week period of reduced Saturday and Sunday hours
14 if approved by the State Librarian.
15 [(iii) Require] (3) A local library or a member library
16 within the library system must require at least six hours of
17 continuing education every two years for paid staff working at
18 least twenty hours per week in direct support of the library
19 service.
20 [(3) County Libraries.] Section 303.7. County Coordination
21 Aid.--(a) For eligible fiscal years up to and through the 1998-
22 1999 fiscal year, ten percent (10%) of the Commonwealth's total
23 annual appropriation for the system of State-aid established by
24 section 301 shall be allocated as aid to county libraries. For
25 fiscal year 1999-2000 [and each fiscal year thereafter], aid to
26 county libraries and county library systems shall be allocated
27 from a hold-harmless amount to equal that amount allocated for
28 aid to county libraries for fiscal year 1998-1999 from the
29 Commonwealth's annual appropriation for grants to local
30 libraries and library systems. [For fiscal years subsequent to
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1 1999-2000, any increase over the hold-harmless amount for county
2 libraries shall be specified as an annual supplement in the
3 Commonwealth's annual appropriation for grants to local
4 libraries and library systems within the General Appropriations
5 Act for that fiscal year. Funds allocated for county libraries
6 shall be distributed according to the provisions of this
7 clause.] For fiscal year 2000-2001 and each fiscal year
8 thereafter, the amount allocated for county coordination aid
9 shall be specified in the Commonwealth's annual appropriation
10 for grants to local libraries and library systems within the
11 General Appropriation Act for that fiscal year.
12 (b) In the case of a county library [of a second, second A,
13 third, fourth, fifth, sixth, seventh or eighth class county] or
14 a county library system in counties of the second through eighth
15 class, State-aid shall be given in an amount measured by the
16 amount appropriated by the county government from county moneys,
17 either from the General Fund or a special library tax or other
18 sources[,] and from a district established pursuant to section
19 3110-B of the act of July 28, 1953 (P.L.723, No.230), known as
20 the "Second Class County Code," for the support and maintenance
21 of the county library, and shall be determined as follows:
22 Percentage [of Aid Calculated
23 Class of County on County Appropriation] Match
24 2 [15%] 5%
25 2A and 3 [20%] 30%
26 4 [25%] 50%
27 5 [33%] 50%
28 6 [50%] 100%
29 7 [75%] 100%
30 8 [125%] 100%
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1 [The amount to be paid by the Commonwealth for the
2 maintenance of any county library that qualifies under this
3 clause shall, in any year, be not less than eight thousand
4 dollars ($8,000) whenever the applicable percentage of aid
5 calculated on the county government's appropriation amounts to
6 more than eight thousand dollars ($8,000). If the applicable
7 percentage of aid calculated on the county government's
8 appropriation amounts to less than eight thousand dollars
9 ($8,000), then the county library shall receive such lesser
10 amount. If the allocation for this category of aid is less than
11 the total amount for which all county libraries qualify, the
12 libraries shall be paid the minimum amount of eight thousand
13 dollars ($8,000) or such lesser amount as may be necessary. If
14 the allocation is greater than the total amount of aid for which
15 county libraries qualify, the balance shall be added to the
16 amount of aid to be distributed under clause (7) of this
17 subsection.]
18 (c) County coordination aid shall be paid according to the
19 provisions of this subsection.
20 (1) Payments to a county library or county library system in
21 counties of the eighth class shall be calculated as follows:
22 (i) For fiscal year 2000-2001 a county library or county
23 library system in a county of the eighth class shall be paid an
24 amount equal to the percentage match in subsection (b) times the
25 level of county support paid, or ten percent (10%) above the
26 amount paid under this subsection in fiscal year 1999-2000,
27 whichever is greater.
28 (ii) For fiscal year 2001-2002 and each fiscal year
29 thereafter, a county library or county library system in a
30 county of the eighth class shall be paid the greater of either
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1 an amount equal to the percentage match in subsection (b) times
2 the level of county support paid, or an amount equal to the
3 2000-2001 payment providing the 2000-2001 payment was ten
4 percent (10%) above the 1999-2000 payment and the level of
5 county support paid is maintained. If the level of county
6 support from its county decreases from the previous fiscal year,
7 then the amount paid under this clause shall be an amount equal
8 to the percentage match in subsection (b) for eighth class
9 counties times the reduced level of county support paid.
10 (2) Payments to a county library or a county library system
11 in counties of second through seventh class shall be made from
12 the funds remaining after payments have been made to a county
13 library or county library system in counties of the eighth class
14 as provided in clause (1) and shall be an amount equal to the
15 level of county support paid times the percentage match in
16 subsection (b) for its county. If the funds remaining are
17 insufficient to pay the total amount for which each county
18 library and county library system in counties of the second
19 through seventh class qualifies, then each shall be paid
20 proportionately from the funds remaining.
21 (i) For fiscal year 2000-2001, payments to a county library
22 or county library system in counties of the second through
23 seventh class shall not be less than ten percent (10%) above the
24 amount paid to it under this subsection in 1999-2000.
25 (ii) For fiscal year 2001-2002 and each fiscal year
26 thereafter, a county library or county library system in
27 counties of the second through seventh class shall be paid an
28 amount equal to the greater of either the percentage match in
29 subsection (b) for its county times the level of county support
30 paid, or an amount equal to the 2000-2001 payment it received,
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1 provided the 2000-2001 payment was ten percent (10%) above the
2 1999-2000 payment and the level of county support paid is
3 maintained. If the level of county support paid decreases from
4 the previous fiscal year, then the amount paid under this clause
5 shall be an amount equal to the percentage match in subsection
6 (b) for its county times the reduced level of county support
7 paid.
8 (3) A county library or county library system shall expend
9 funds received under this subsection to implement a county-wide
10 cooperative plan to improve and extend service. The plan shall
11 coordinate areas of library service and administration,
12 including library resources and collections, technology,
13 personnel, services to children, adults and special populations.
14 If there is no county library or county library system, the
15 district library center shall coordinate a county-wide plan for
16 services.
17 (d) A report of the expenditure of such State moneys shall
18 be made annually to the county government and the State
19 Librarian in such form as may be required. County libraries and
20 county library systems may also apply for additional amounts of
21 State-aid under [clauses (1.1) and (1.2) above, and clause (7)
22 following. Payment of aid to county libraries shall be made to
23 the board of library directors in charge of each qualifying
24 library.] sections 303.2, 303.5 and 303.11. County coordination
25 aid shall be paid to the board of library directors in charge of
26 each qualifying county library or county library system.
27 [(4)] Section 303.8. District Library Centers[.].--(a) For
28 eligible fiscal years up to and through the 1998-1999 fiscal
29 year, thirty percent (30%) of the Commonwealth's total annual
30 appropriation for the system of State-aid established by section
20000H2651B3786 - 16 -
1 301, or a minimum of twenty-five cents (25¢) per capita, shall
2 be allocated as aid for district library centers. For fiscal
3 year 1999-2000 [and each fiscal year thereafter], aid to
4 district library centers shall be allocated from a hold-harmless
5 amount to equal that amount allocated for aid to district
6 library centers for fiscal year 1998-1999 from the amount
7 allocated from the Commonwealth's annual appropriation for
8 grants to local libraries and library systems. [For fiscal years
9 subsequent to 1999-2000, any increase over the hold-harmless
10 amount for district library 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.] For fiscal year 2000-
14 2001 and each fiscal year thereafter, the amount allocated for
15 district library centers shall be specified in the
16 Commonwealth's annual appropriation for grants to local
17 libraries and library systems within the General Appropriation
18 Act for that fiscal year. Funds allocated for district library
19 centers shall be distributed according to the provisions of this
20 [clause.] section.
21 (b) Any library designated by the State Librarian to serve
22 as a district library center shall qualify for an additional
23 amount of State-aid. [The rate of aid shall be determined by
24 dividing the total amount allocated for district library centers
25 by the total population of the State, but in no year shall that
26 rate be less than twenty-five cents (25¢) per capita. The] For
27 fiscal year 2000-2001 and each year thereafter, the amount of
28 aid to be paid each district library center shall be determined
29 by multiplying the annual per capita rate set by the department
30 by the number of persons residing in the district[.]; but in no
20000H2651B3786 - 17 -
1 case shall a district library center receive less than two
2 hundred thousand dollars ($200,000).
3 (c) For fiscal year 2000-2001 and each fiscal year
4 thereafter, a district library center must meet the following
5 standards to qualify for aid under this section:
6 (1) A district library center shall implement a program of
7 service to local libraries through an agreement negotiated by
8 representatives from the district library center, local
9 libraries, library systems and the State Library. The program
10 shall be implemented in accordance with district library center
11 standards and guidelines issued by the State Librarian.
12 (2) As part of the negotiated agreement, the district
13 library center shall provide leadership, coordination and
14 consultation to local libraries in the following areas:
15 (i) Continuing education for library staff.
16 (ii) Library services to youth.
17 (iii) Library services to special populations, including,
18 but not limited to, individuals with disabilities, home-bound
19 individuals, the elderly and individuals who are deficient in
20 basic literacy skills.
21 (iv) Information technology and library automation.
22 (v) Orientation and training for boards of directors of
23 local libraries, library systems and district library centers.
24 [(5)] Section 303.9. Regional Library Resource Centers[.].--
25 (a) For eligible fiscal years up to and through the 1998-1999
26 fiscal year, five percent (5%) of the Commonwealth's annual
27 appropriation for the system of State-aid established by section
28 301 shall be allocated for aid to regional library resource
29 centers.
30 (b) Any library designated by the State Librarian to serve
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1 as a regional library resource center shall qualify for
2 additional State-aid. The allocation shall be divided equally
3 among the libraries so designated, but in no year shall the
4 amount be less than one hundred thousand dollars ($100,000) per
5 designated library. For fiscal year 1999-2000 [and each fiscal
6 year thereafter], aid to regional library resource centers shall
7 be allocated from a hold-harmless amount to equal that amount
8 allocated for aid to regional library resource centers for
9 fiscal year 1998-1999 from the amount allocated from the
10 Commonwealth's annual appropriation for grants to local
11 libraries and library systems. [For fiscal years subsequent to
12 1999-2000, any increase over the hold-harmless amount for
13 regional library resource centers shall be specified as an
14 annual supplement in the Commonwealth's annual appropriation for
15 grants to local libraries and library systems within the General
16 Appropriations Act for that fiscal year.] For fiscal year 2000-
17 2001 and each fiscal year thereafter, the amount allocated for
18 regional library resource centers shall be specified in the
19 Commonwealth's annual appropriation for grants to local
20 libraries and library systems within the General Appropriation
21 Act for that fiscal year. Funds allocated for regional library
22 resource centers shall be distributed according to the
23 provisions of this [clause] section.
24 [(6)] Section 303.10. Equalization Aid[.].--(a) Beginning
25 in the 1985-1986 fiscal year and through the 1998-1999 fiscal
26 year, in each year that the Commonwealth's total annual
27 appropriation for the system of State-aid established by section
28 301 equals or exceeds seventeen million five hundred thousand
29 dollars ($17,500,000), two and three-quarters percent (2.75%) of
30 said appropriation shall first be allocated as equalization aid.
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1 (b) Any local library or library system which achieves or
2 exceeds applicable basic standards, maintains or exceeds its
3 financial effort of the preceding year and is supported by a
4 municipality that is economically distressed by any one or more
5 of the following criteria shall qualify for equalization aid.
6 For purposes of determining eligibility for equalization aid, an
7 economically distressed municipality shall be: [(i)] (1) a city,
8 borough, town or township having a market value per capita below
9 the fifth percentile of all such cities, boroughs, towns and
10 townships, as certified annually by the State Tax Equalization
11 Board; [(ii)] (2) located in a county having a personal income
12 per capita below the fifteenth percentile of all counties, as
13 certified annually by the Department of Revenue; or [(iii)] (3)
14 located in a county having an annual average unemployment rate
15 above the seventieth percentile of all counties, as determined
16 annually by the Department of Labor and Industry.
17 (c) Population data to be used for determining market value
18 per capita and personal income per capita, as provided for in
19 this [clause] section, shall be the latest available data from
20 the Federal Bureau of Census for the direct service area of the
21 local library or library system.
22 (d) In the case of a library or library system that is
23 supported by an economically distressed municipality but that
24 fails to maintain or exceed its financial effort of the
25 preceding year, the library may still qualify for equalization
26 aid if the State Librarian accepts evidence that the library or
27 municipality did not attempt to substitute State funds for local
28 effort.
29 (e) Beginning in the 1985-1986 fiscal year, twenty percent
30 (20%) of the annual allocation for equalization aid shall first
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1 be distributed in equal amounts to all local libraries and
2 members of library systems which qualify for such aid, as
3 determined in accordance with the provisions of this [clause]
4 section. The remainder of the annual allocation shall be
5 distributed on a per capita basis to each local library and
6 library system which qualifies for such aid, as determined in
7 accordance with the provisions of this [clause] section, by
8 dividing the number of persons residing in the direct service
9 area of each such local library or library system by the total
10 number of such persons residing in the direct service areas of
11 all qualifying local libraries or library systems, and
12 multiplying the result by the amount of the allocation to be
13 distributed on a per capita basis.
14 (f) No local library or library system shall, as a result of
15 the provisions of this [clause] section, receive in any year
16 more than one-third of the total annual appropriation for
17 equalization aid. During the 1985-1986 fiscal year and each
18 fiscal year thereafter that the Commonwealth's total annual
19 appropriation for the system of State-aid established by section
20 301 exceeds seventeen million five hundred thousand dollars
21 ($17,500,000), no local library or library system shall receive
22 less equalization aid as a result of the provisions of this
23 [clause] section than such local library or library system
24 received for equalization aid during the 1984-1985 fiscal year.
25 For fiscal year 1999-2000 [and each fiscal year thereafter],
26 equalization aid shall be allocated from a hold-harmless amount
27 to equal that amount allocated for equalization aid for fiscal
28 year 1998-1999 from the amount allocated from the Commonwealth's
29 annual appropriation for grants to local libraries and library
30 systems. [For fiscal years subsequent to 1999-2000, any increase
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1 over the hold-harmless amount for equalization aid shall be
2 specified as an annual supplement in the Commonwealth's annual
3 appropriation for grants to local libraries and library systems
4 within the General Appropriations Act for that fiscal year.] For
5 fiscal year 2000-2001 and each fiscal year thereafter, the
6 amount allocated for equalization aid shall be specified in the
7 Commonwealth's annual appropriation for grants to local
8 libraries and library systems within the General Appropriation
9 Act for that fiscal year. Funds allocated for equalization aid
10 shall be distributed according to the provisions of this
11 [clause] section.
12 [(7)] Section 303.11. Equal Distribution Grants to Local
13 Libraries and Library Systems [and Certain District Library
14 Centers.].-- For eligible fiscal years up to and through the
15 1998-1999 fiscal year, five percent (5%) of the Commonwealth's
16 annual appropriation for the system of State-aid established by
17 section 301, and all funds transferred from the county library
18 allocation after the county libraries have been paid the total
19 amounts for which they qualify, shall be allocated as
20 hereinafter provided: [(i)] (1) five cents (5¢) per capita for
21 each person residing in the entire district for each district
22 library center which has a population in its direct service area
23 as a local or county library which is twelve percent (12%) or
24 less of the population of the entire designated direct service
25 area; [(ii)] (2) the balance as equal grants to local libraries
26 and library systems which qualify for aid under [clause (1)
27 above] section 303.1. These grants shall be determined by
28 dividing the total amount of money allocated by the number of
29 local libraries, branch libraries and bookmobiles in the
30 Commonwealth which achieve or exceed the applicable basic
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1 standards. Each library system shall receive an equal grant for
2 each qualifying member local library, branch library and
3 bookmobile. Each local library shall receive an equal grant for
4 the central library and each qualifying branch library and
5 bookmobile. For fiscal year 1999-2000 [and each fiscal year
6 thereafter], equal distribution grants to local libraries and
7 library systems [and certain district library centers] shall be
8 allocated from a hold-harmless amount to equal that amount
9 allocated for equal distribution grants to local libraries and
10 library systems [and certain district library centers] for
11 fiscal year 1998-1999 from the amount allocated from the
12 Commonwealth's annual appropriation for grants to local
13 libraries and library systems. [For fiscal years subsequent to
14 1999-2000, any increase over the hold-harmless amount for equal
15 distribution grants to local libraries and library systems and
16 certain district library centers shall be specified as an annual
17 supplement in the Commonwealth's annual appropriation for grants
18 to local libraries and library systems within the General
19 Appropriation Act for that fiscal year.] For fiscal year 2000-
20 2001 and each fiscal year thereafter, the amount allocated for
21 equal distribution grants to local libraries and library systems
22 shall be specified in the Commonwealth's annual appropriation
23 for grants to local libraries and library systems within the
24 General Appropriations Act for that fiscal year. Funds allocated
25 for equal distribution grants to local libraries and library
26 systems [and certain district library centers shall] be
27 distributed according to the provisions of this [clause]
28 section.
29 [(c) In any fiscal year in which the Commonwealth's annual
30 appropriation for grants to public libraries and library systems
20000H2651B3786 - 23 -
1 is less than the amount appropriated for fiscal year 1998-1999,
2 then the amount allocated for clauses (1.1), (2.1), (3), (4),
3 (5), (6) and (7) of subsection (b) shall be reduced
4 proportionately.
5 (d)] Section 303.12. Transfer of Funds.--If necessary, the
6 Department of Education may transfer funds among the allocations
7 listed in [clauses (1.1), (2.1), (3), (4), (5), (6) and (7) of
8 subsection (b),] sections 303.2, 303.5, 303.7, 303.8, 303.9,
9 303.10 and 303.11, provided that the aggregate amount
10 transferred into or out of each allocation during a fiscal year
11 shall not exceed five percent (5%) of the amount specifically
12 allocated for that [clause.] section.
13 Section 305. Implementation Schedule.--(a) If a library or
14 library system applying for State-aid in 1999-2000 fails to
15 comply with the standards under any section [303] of this
16 article, the library or library system shall not be eligible for
17 funds under that section.
18 (b) The State Librarian may grant an extension of time to
19 meet the standards under [section 303(b)(1.2) and (2.2)]
20 sections 303.3 and 303.6 if:
21 (1) the library or library system is financially unable to
22 comply at the time of payment; or
23 (2) a plan is accepted by the State Librarian indicating how
24 the library or library system will comply, to include specifics
25 regarding budget, timeline and how the library is working in
26 good faith to achieve the standards.
27 (c) An extension by the State Librarian shall continue until
28 the time of the submission of the 2000-2001 plan for use of
29 State funds under this act.
30 Section 2. This act shall take effect July 1, 2000, or
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1 immediately, whichever is later.
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