PRIOR PRINTER'S NO. 676 PRINTER'S NO. 1719
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 AND BROWNE, MARCH 2, 1999
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 5, 1999
AN ACT
1 Regulating libraries; providing for the State Librarian, for the <--
2 State Library, for the State Library Commission and for
3 library financing; establishing the Pennsylvania State
4 Library System; providing for State aid to libraries and for
5 the Pennsylvania Information Network (PIN); making tax
6 exemptions and authorizing and requiring local taxation;
7 prescribing a penalty for damaging library property; and
8 making repeals.
9 TABLE OF CONTENTS
10 Chapter 1. Preliminary Provisions
11 Section 101. Short title.
12 Section 102. Declaration of policy.
13 Section 103. Definitions.
14 Section 104. Nondiscrimination in library services.
15 Section 105. Confidentiality of library user records.
1 Chapter 3. State Library Commission
2 Section 301. State Library Commission.
3 Section 302. Commission membership.
4 Section 303. Meetings and records.
5 Section 304. Internal procedures.
6 Section 305. Commission powers and duties.
7 Section 306. Special financing report to General Assembly.
8 Section 307. Cooperation of other agencies.
9 Chapter 5. State Librarian
10 Section 501. State Librarian.
11 Section 502. Staff.
12 Section 503. Powers and duties.
13 Chapter 7. State Library
14 Section 701. Establishment.
15 Section 702. Main branch.
16 Section 703. Public documents.
17 Section 704. Deposits and copies of public records.
18 Chapter 9. Pennsylvania State Library System
19 Section 901. Establishment.
20 Section 902. District library centers.
21 Section 903. Statewide resource centers.
22 Section 904. Public library boards.
23 Section 905. Surrogate voting.
24 Section 906. Duties of the governing board and board members.
25 Section 907. Organization of board and bond of treasurer.
26 Section 908. Staff.
27 Section 909. Merger of local libraries.
28 Section 910. Shared services among libraries.
29 Section 911. Statewide library card.
30 Section 912. Noncompliance with system requirements.
19990H0017B1719 - 2 -
1 Chapter 11. State Aid to Libraries
2 Section 1101. Establishment.
3 Section 1102. Source.
4 Section 1103. Administration.
5 Section 1104. State aid.
6 Section 1105. State librarian to approve plans.
7 Section 1106. Per capita State aid documentation.
8 Chapter 13. Pennsylvania Information Network
9 Section 1301. Computer library services.
10 Section 1302. User fees.
11 Chapter 15. Tax Exemptions and Tax Credits
12 Section 1501. Property, inheritance and income.
13 Section 1502. Tax credit.
14 Chapter 17. Establishment and Maintenance of Local Libraries
15 Section 1701. Municipal library tax and appropriations.
16 Section 1702. Referendum.
17 Section 1703. Tax-levying and restrictions to county tax.
18 Section 1704. Annual tax rate; levy and collection.
19 Section 1705. Discontinuance of county library and tax in city,
20 borough, town township or school district.
21 Section 1706. Joint action by municipalities.
22 Section 1707. Municipality contract for free library services.
23 Section 1708. Appropriation for contracted library services.
24 Section 1709. Purchase, lease lands and buildings for local
25 library purposes.
26 Section 1710. Appropriation of private property for library
27 purposes.
28 Section 1711. Petition for submission of bond issue.
29 Section 1712. Existing agreements not affected.
30 Section 1713. Duplication.
19990H0017B1719 - 3 -
1 Chapter 19. Library Offenses
2 Section 1901. Damaging library property.
3 Chapter 31. Miscellaneous Provisions
4 Section 3101. Repeals.
5 Section 3102. Transfer.
6 Section 3103. Regulations.
7 Section 3104. Effective date.
8 AMENDING THE ACT OF JUNE 14, 1961 (P.L.324, NO.188), ENTITLED <--
9 "AN ACT RELATING TO THE ESTABLISHMENT, OPERATION AND
10 MAINTENANCE OF THE STATE LIBRARY AND PUBLIC LIBRARIES IN THE
11 COMMONWEALTH; AMENDING, REVISING, CONSOLIDATING AND CHANGING
12 THE LAWS RELATING THERETO; IMPOSING DUTIES UPON PUBLIC
13 OFFICERS; PROVIDING FOR STATE AND LOCAL COOPERATION AND
14 ASSISTANCE IN THE ESTABLISHMENT AND MAINTENANCE OF LIBRARIES;
15 PRESCRIBING PENALTIES; AND REPEALING EXISTING LAWS," FURTHER
16 PROVIDING FOR STATE-AID TO LOCAL LIBRARIES AND LIBRARY
17 SYSTEMS.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 101. Short title. <--
21 This act shall be known and may be cited as the State Library
22 Code.
23 Section 102. Declaration of policy.
24 Because the public library and its information are
25 indispensable to a free and democratic people, the General
26 Assembly declares as follows:
27 (1) Public libraries are an essential public service
28 which provide lifelong educational benefits, enhance the
29 economic welfare of the citizenry and improve the quality of
30 life thus ensuring that this Commonwealth remains attractive
31 and amenable to both business and citizens.
32 (2) It is the highest priority that the State Library
33 and all public libraries throughout this Commonwealth be
34 properly governed, administered and funded so as to provide
19990H0017B1719 - 4 -
1 the citizens of this Commonwealth with the most advanced
2 information and reference services possible.
3 (3) The citizens of this Commonwealth have the right to
4 require the General Assembly and the governing body of each
5 county and municipality, by judicious expenditure of the
6 taxes levied upon the citizens, to assure the fullest,
7 freest, uninterrupted flow of information from the public
8 libraries of this Commonwealth.
9 (4) The services of a public library shall be available
10 to all citizens of this Commonwealth regardless of race,
11 color, gender, ethnic background, sexual orientation,
12 physical disabilities or religious or political beliefs.
13 (5) The citizens of this Commonwealth are guaranteed
14 that their rights of free speech and to petition the
15 government for redress of grievances are not abridged,
16 diminished or derogated by the denial of the free and public
17 dissemination of information.
18 (6) The State Library is an indispensable resource for
19 the General Assembly and the executive and judicial branches
20 of this Commonwealth and provides to all citizens of this
21 Commonwealth the wealth of knowledge essential for democratic
22 people.
23 (7) The librarian of any public library within this
24 Commonwealth shall be free to exercise the best professional
25 judgment in providing the widest possible dissemination of
26 information to the citizens of this Commonwealth. Whatever
27 information is not locally available shall be, to the maximum
28 extent possible, readily available from any other public
29 library within this Commonwealth.
30 Section 103. Definitions.
19990H0017B1719 - 5 -
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Board." The governing board of directors or board of
5 trustees of a local library or public library system.
6 "Board member." A voting member of a board.
7 "Commission." The State Library Commission established in
8 section 301.
9 "County library." Any local library or division of a local
10 library, which derives income from the commissioners of the
11 county for the express purpose of making its resources and
12 services available to all the residents of the direct service
13 area of that library.
14 "Direct service area." The municipality or municipalities to
15 which the governing body of a public library is responsible for
16 extending library services.
17 "District library center." Any public library designated as
18 such by the State Library Commission and receiving State aid for
19 the purpose of making its resources and services available
20 without charge to all the residents of the district, or
21 providing supplementary library services to local libraries
22 within the district, or coordinating the services of all local
23 libraries within the district which by contract become part of
24 the district library center program and of exchanging, providing
25 or contracting for library services with other district library
26 centers.
27 "Economically distressed municipality." The term includes
28 any of the following:
29 (1) A city, borough, town or township having a market
30 value per capita below the 30th percentile of all such
19990H0017B1719 - 6 -
1 cities, boroughs, towns and townships, as certified annually
2 by the State Tax Equalization Board.
3 (2) Municipalities located in a county having a personal
4 income per capita below the 30th percentile of all counties,
5 as certified annually by the Department of Revenue.
6 (3) Municipalities located in a county having an annual
7 average unemployment rate above the 70th percentile of all
8 counties, as determined annually by the Department of Labor
9 and Industry.
10 Population data to be used for determining market value per
11 capita and personal income per capita, as provided for in this
12 definition, shall be the latest available data from the United
13 States Bureau of the Census for the direct service area of the
14 local library or public library system.
15 "Financial effort." The sum expended annually by a public
16 library for the establishment, operation and maintenance of
17 library services which derives from local taxes, gifts,
18 endowments and other local sources, as may be provided under
19 rules and regulations adopted by the State Library Commission,
20 and which is used to determine eligibility for State aid.
21 "Information retrieval service." A service, public or
22 commercial, which provides computerized information retrieval
23 services over a communications network.
24 "Local library." A free, public, nonsectarian library
25 whether established and maintained by a municipality, or by a
26 private association, corporation or group, which serves the
27 informational, educational and recreational needs of all the
28 residents of the area for which its governing body is
29 responsible, by providing free access, including free lending
30 and reference services to an organized and currently useful
19990H0017B1719 - 7 -
1 collection of printed items and other materials and to the
2 services of a staff trained to recognize and provide for these
3 needs. The term includes a public library with multiple outlets
4 which is governed by a single board.
5 "Merger." The union or joinder of two or more local
6 libraries pursuant to the provisions of section 909.
7 "Minimum standards." Threshold levels of service related to
8 performance, services, materials and staffing which must be
9 achieved for a public library or public library system to
10 qualify for State aid.
11 "Municipal officer." The mayor and council of any city, the
12 mayor and council of any borough, town or home rule
13 municipality, the commissioners or supervisors of any township,
14 the commissioners of any county or the board of school directors
15 of any school district of the second, third or fourth class.
16 "Municipality." Any county, city, borough, town, township,
17 home rule municipality or any school district of the second,
18 third or fourth class, which establishes or aids in the
19 maintenance of a local library or public library system.
20 "Pennsylvania Information Network." Pennsylvanians' medium
21 for public dissemination and distribution of digital material
22 operated by the State Library Commission.
23 "Pennsylvania State Library System." A unified system of
24 public libraries within this Commonwealth which qualify for and
25 accept State aid.
26 "Pennsylvania State Library System member." A public library
27 which qualifies and elects to become a member of the
28 Pennsylvania State Library System.
29 "Per capita." A number of persons determined on the basis of
30 the latest official United States census report.
19990H0017B1719 - 8 -
1 "Public library." A public nonsectarian library, whether
2 established and maintained by a governmental body or as a
3 charitable organization under section 501(c)(3) of the Internal
4 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)),
5 which serves the informational, educational and recreational
6 needs of all the residents of a politically defined
7 jurisdiction, by providing free access to services and a
8 collection of currently useful materials. The term includes
9 local libraries, county libraries, public library systems and
10 district library centers.
11 "Public library system." A county-based or multicounty-based
12 administrative unit composed of two or more local libraries
13 serving not less than 25,000 people established in accordance
14 with this act which is responsible for the provision and
15 development of public library services within the geographic
16 boundaries of the county or multicounty area. The term includes
17 township-based public library systems in existence prior to the
18 effective date of this act.
19 "Qualified library." Any public library, academic library,
20 special library or school library regardless of organization or
21 ownership, entitled by this act to access the computer library
22 services of the Pennsylvania Information Network.
23 "School library." A library, whether established and
24 maintained by a public school district or a private school,
25 which primarily serves the informational, educational and
26 recreational needs of the student body, faculty and staff of the
27 school through an organized and currently useful collection of
28 printed items and other materials. The term does not include an
29 academic library.
30 "Special library." Any library or organized collection of
19990H0017B1719 - 9 -
1 information which meets the following criteria:
2 (1) Is established and maintained by any Commonwealth
3 agency, county, municipal or government agency, commercial
4 enterprise or nonprofit organization.
5 (2) Serves the informational, educational and
6 professional needs of the entity with which the library is
7 affiliated.
8 (3) Provides free and reasonable access to or has
9 possession of unique material of interest to educators,
10 professionals, scholars and students. For purposes of this
11 definition, "reasonable access" means access during regular
12 business hours without disruption of ongoing functions or
13 services of the business, institution or organization.
14 "State aid." Designation of financial assistance under
15 Chapter 11.
16 "State Librarian." The chief executive officer of the State
17 Library Commission and the Pennsylvania State Library System.
18 "State Library." The principal agency providing library
19 service to this Commonwealth.
20 "Statewide resource center." Any library designated as such
21 by the State Library Commission and receiving State aid for the
22 purpose of acquiring major research collections.
23 Section 104. Nondiscrimination in library services.
24 Libraries which obtain and receive assistance under this act
25 shall provide their library services on a nondiscriminatory
26 basis without regard to race, gender, color, creed, ethnic
27 background, political or religious beliefs or affiliation,
28 sexual orientation or physical disability.
29 Section 105. Confidentiality of library user records.
30 Records related to the circulation of library materials or
19990H0017B1719 - 10 -
1 any other user records which contain the names or other
2 personally identifying details regarding the users of a library
3 shall be confidential and shall not be made available to anyone
4 except by a court order.
5 CHAPTER 3
6 STATE LIBRARY COMMISSION
7 Section 301. State Library Commission.
8 The State Library Commission is established as an independent
9 commission. The commission may sue and be sued, contract and
10 have an official seal. The commission is constituted an
11 instrumentality of the Commonwealth. The exercise by the
12 commission of the powers conferred by this act is an essential
13 governmental function of the Commonwealth. All actions of law or
14 in equity against the commission shall be brought only in the
15 courts in which those actions may be brought against the
16 Commonwealth.
17 Section 302. Commission membership.
18 The commission shall consist of 11 members, seven of whom
19 shall be appointed by the Governor, three of whom shall be
20 librarians, two of whom shall be library board members, and two
21 of whom shall be residents of this Commonwealth. The President
22 pro tempore and the Minority Leader of the Senate and the
23 Speaker and Minority Leader of the House of Representatives
24 shall each appoint one of the remaining four members, whom shall
25 be constitutionally elected members of the General Assembly. The
26 State Librarian shall serve as an ex officio member of the
27 commission. The term of office of the members appointed by the
28 Governor shall be four years from the third Tuesday of January
29 of the year which the member takes office, or until a successor
30 has been appointed, except that upon initial appointment, one
19990H0017B1719 - 11 -
1 member shall be appointed for one year, two members shall be
2 appointed for two years, two members shall be appointed for
3 three years, and two members shall be appointed for four years.
4 The members appointed by the legislative leaders shall serve
5 terms concurrent with their respective legislative terms of
6 office. The members shall serve without compensation other than
7 reimbursement for travel and other actual expenses incurred in
8 the performance of their duties. The commission shall elect one
9 member as the chairman of the commission. The commission shall
10 meet at least six times per year at the places and times as it
11 deems necessary.
12 Section 303. Meetings and records.
13 (1) The meetings of the commission shall be open to the
14 public and meet the requirements of the act of July 3, 1986
15 (P.L.388, No.84), known as the Sunshine Act.
16 (2) The records of the commission shall be open to the
17 public. The minutes of the commission meetings shall be
18 preserved as permanent records.
19 Section 304. Internal procedures.
20 The commission shall make necessary rules for its own
21 operation. The commission may do all of the following:
22 (1) Acquire, own, use, lease, exchange, operate and
23 dispose of property.
24 (2) Enter into contracts necessary or incidental to the
25 performance of its functions.
26 Section 305. Commission powers and duties.
27 The commission has the following powers and duties:
28 (1) To employ a State Librarian as its chief executive
29 officer.
30 (2) To propose annually to the General Assembly and the
19990H0017B1719 - 12 -
1 Governor the appropriation required for the operation of the
2 State Library, for financial assistance to Pennsylvania State
3 Library System members and for financial assistance required
4 by the commission to carry out the powers and duties outlined
5 under this act.
6 (3) To operate the Pennsylvania State Library System and
7 the Pennsylvania Information Network.
8 (4) To provide for the certification of professional
9 librarians.
10 (5) To provide for grants and other programs to
11 Pennsylvania State Library System members to aid in the
12 operation, maintenance and construction of library facilities
13 and to facilitate mergers and shared services as set forth
14 under this act.
15 (6) To designate Statewide resource centers.
16 (7) To determine minimum standards and other standards
17 for public libraries.
18 (8) To accept, on behalf of the Commonwealth, gifts and
19 bequests, for the endowment of its work in accordance with
20 the instructions of the donors and in conjunction with the
21 Governor and State Treasurer, who shall together with the
22 members of the commission, constitute a body of trustees for
23 the care of these funds. The trustees shall invest the funds
24 and employ the income and increase in value to the
25 investments for the purposes of the commission or apply the
26 funds to the uses specified by the respective donors.
27 (9) To receive all funds allocated to the Commonwealth
28 for library purposes by the Federal Government or by private
29 agencies and to administer those funds in library
30 maintenance, improvement or extension programs consistent
19990H0017B1719 - 13 -
1 with Federal and State library goals and policies.
2 (10) To coordinate literacy programs in conjunction with
3 other State agencies.
4 (11) To designate libraries within this Commonwealth to
5 be State depository libraries under criteria established by
6 the commission and, in the case of documents published
7 pursuant to the act of July 31, 1968 (P.L.769, No.240),
8 referred to as the Commonwealth Documents Law, by the Joint
9 Committee on Documents.
10 (12) To collect, preserve and publish appropriate
11 statistics on the libraries located within this Commonwealth.
12 (13) To constitute a board of appeal for Pennsylvania
13 State Library System members with regard to disputes arising
14 from decisions of the State Librarian.
15 (14) To require annual reports by all Pennsylvania State
16 Library System members regarding the state of the member
17 library, its service to the general public and forecasts for
18 library development. The report shall include, but not be
19 limited to, the annual expenditures of the member library,
20 the number of patrons, borrowings, visitations and inquiries,
21 the number of print, audio-visual and digital materials on
22 hand, including additions and matter missing, and the general
23 character of books, with other statistics, information and
24 suggestions as may be deemed of general interest. All reports
25 filed with the commission shall be subject to the provisions
26 of 18 Pa.C.S. § 4902 (relating to perjury).
27 (15) To make recommendations to the Governor and the
28 General Assembly on matters of general policy concerning the
29 State Library and the Pennsylvania State Library System.
30 (16) To engage in interstate library compacts.
19990H0017B1719 - 14 -
1 (17) To establish the location of district library
2 centers and thereafter to change the location of the same as
3 the commission deems appropriate, or to concur with any
4 requested change in location pursuant to section 904(3).
5 (18) To require all public libraries to conduct an audit
6 in accordance with regulations as may be determined from time
7 to time by the commission.
8 Section 306. Special financing report to General Assembly.
9 The commission shall report to the General Assembly and make
10 recommendations every three years from the effective date of
11 this act on funding for the Pennsylvania State Library System.
12 The report shall take into consideration infrastructure,
13 technological and staffing needs of the Pennsylvania State
14 Library System.
15 Section 307. Cooperation of other agencies.
16 The commission may request from Commonwealth agencies and
17 authorities and from political subdivisions and their agencies
18 and authorities available information required in its work.
19 Required information shall be furnished to the commission within
20 a reasonable time.
21 CHAPTER 5
22 STATE LIBRARIAN
23 Section 501. State Librarian.
24 (a) State Librarian.--The commission shall appoint a
25 professional librarian as the State Librarian of the
26 Commonwealth.
27 (b) Compensation.--The compensation of the State Librarian
28 shall be set by the commission.
29 (c) Qualifications.--The State Librarian must have a
30 master's degree in library science from an accredited school of
19990H0017B1719 - 15 -
1 library science.
2 Section 502. Staff.
3 (a) General rule.--The State Librarian may employ other
4 employees as necessary for the care and management of the State
5 Library as required to fulfill the requirements of this act in
6 accordance with the act of August 5, 1941 (P.L.752, No.286),
7 known as the Civil Service Act.
8 (b) Civil service status of existing employees.--The civil
9 service status of employees of the State Library employed on the
10 effective date of this act shall not be affected by this act.
11 (c) Existing labor agreements.--The provisions of this act
12 shall not abrogate labor agreements in existence on the
13 effective date of this act.
14 Section 503. Powers and duties.
15 The State Librarian has the following powers and duties:
16 (1) To manage the State Library pursuant to the
17 philosophy and mission as set forth by the commission.
18 (2) To receive copies of all publications of all
19 agencies of the Commonwealth in order to maintain a
20 definitive, organized collection of all these publications by
21 the State Library and to provide for the distribution of
22 these publications to other libraries.
23 (3) To coordinate the services and programs of the
24 Pennsylvania State Library System and to aid and assist the
25 libraries in the Pennsylvania State Library System in
26 complying with the regulations of the commission.
27 (4) To purchase and maintain the collections of the
28 State Library.
29 (5) To transfer unneeded duplicate books or books which
30 are superseded or have been replaced with microfilm to other
19990H0017B1719 - 16 -
1 libraries or to historical societies where they will be
2 accessible to scholars or to members of the public and to
3 sell at public auction such books if the State Librarian
4 determines that the transfer of the books by other means
5 would not be feasible and that the books are not needed by
6 the library. Sales shall be conducted by the Department of
7 General Services. Income produced through these sales shall
8 be paid into the State Treasury through the Department of
9 Revenue and credited to the State Library for the purchase of
10 library materials. No unique book, article, manuscript,
11 document or other material which is of special significance
12 to the history of this Commonwealth shall be sold.
13 (6) To make available materials of the State Library for
14 circulation to the members of the Pennsylvania State Library
15 System and to the citizens of this Commonwealth. The State
16 Librarian may, after consultation with the commission,
17 restrict the circulation of certain materials because they
18 are rare or used intensively in the State Library for
19 reference or other purposes.
20 (7) To establish and conduct continuing professional
21 educational programs for personnel of the State Library and
22 all of the Pennsylvania State Library System members.
23 (8) To further the development of effective Statewide
24 school library services by offering consultation and
25 assistance to the Department of Education and school
26 libraries.
27 (9) To promote and advance the library science of this
28 Commonwealth.
29 (10) To otherwise coordinate the affairs and activities
30 of the State Library with the commission.
19990H0017B1719 - 17 -
1 (11) To send documents to the Library of Congress as
2 deemed necessary.
3 (12) To prepare and issue quarterly a complete index of
4 public documents deposited under this act during the
5 immediately preceding quarter. The index shall be cumulated
6 at the end of each calendar year. These sections shall be
7 made available in digital format.
8 (13) To establish a document exchange system with
9 agencies in the several states to make available selected
10 documents as deemed necessary.
11 (14) To exchange the judicial decisions, statutes,
12 journals, legislative and executive documents of this
13 Commonwealth and other books placed in the care of the State
14 Library with other libraries of the several states, the
15 Federal Government, foreign countries, societies and
16 institutions as deemed necessary.
17 (15) To name, after consultation with the commission,
18 members to advisory panels for each section of the State
19 Library to advise and consult on the establishment and
20 maintenance of materials for the sections.
21 (16) To act as arbiter in defining the direct service
22 area of any public library.
23 (17) To make recommendations to the commission with
24 regard to standards, regulations and policies the State
25 Librarian deems appropriate.
26 (18) To determine disputes among local libraries,
27 district library centers, public library systems and the
28 State Library. The determination shall be subject to review
29 by the commission as set forth in section 305(13).
30 (19) To counsel public libraries on minimum standards as
19990H0017B1719 - 18 -
1 promulgated by the commission and to advise and encourage
2 libraries to exceed those standards. Nothing contained in
3 this act shall restrict or limit public libraries in the
4 selection of resources of books and other materials as
5 appropriate for their communities.
6 (20) To give advice and counsel to all public libraries
7 and Statewide resource centers and to all municipalities and
8 groups, which may propose to establish public libraries, in
9 the requirements necessary to provide adequate, modern
10 library service, and on the administration of public
11 libraries.
12 (21) To inspect public libraries, and Statewide resource
13 centers and require reports as deemed appropriate.
14 (22) To study library issues throughout this
15 Commonwealth and make the findings available as determined by
16 the commission.
17 (23) To administer a cooperative program among all types
18 of libraries to increase services and availability of
19 resources throughout this Commonwealth.
20 (24) To certify library personnel as required by the
21 commission.
22 (25) The State Librarian shall establish policies for
23 the preservation of historical materials in the State
24 Library's collection.
25 CHAPTER 7
26 STATE LIBRARY
27 Section 701. Establishment.
28 The State Library is established by the commission as the
29 principal agency for providing library service to this
30 Commonwealth.
19990H0017B1719 - 19 -
1 Section 702. Main branch.
2 (a) General rule.--The State Library shall coordinate public
3 access to information and records contained within the State
4 Library's collection.
5 (b) Collections.--The State Library and the designated
6 Statewide resource centers shall maintain the following
7 collections separately or collectively:
8 (1) A general library consisting of reference,
9 nonfiction and fiction material.
10 (2) A newspaper and periodical library consisting of
11 daily and weekly newspapers published within principal cities
12 of the world, the United States and this Commonwealth,
13 magazines and periodicals.
14 (3) A historical and genealogical library, consisting of
15 volumes relating to the history of Pennsylvania and of the
16 several counties and to American and international history.
17 (4) An agricultural library consisting of reference and
18 nonfiction material relating to agriculture and farming and
19 allied fields.
20 (5) A business and mercantile library consisting of
21 reference and nonfiction material relating to business,
22 commerce, industry, labor and technology.
23 (6) A science and technology library consisting of
24 reference and nonfiction material relating to natural and
25 applied sciences and technology.
26 (7) A communications and media library consisting of
27 reference and nonfiction material relating to communications
28 and media.
29 (8) A government and political science library
30 consisting of reference and nonfiction material relating to
19990H0017B1719 - 20 -
1 Federal, State and local government.
2 (9) A law library.
3 (10) Other materials as appropriate.
4 Section 703. Public documents
5 It is the policy of this Commonwealth that its citizens have
6 convenient access to the information collected and disseminated
7 by government agencies. It is the purpose of this act to ensure
8 this access through well-organized collections of State
9 government publications in the State Library and in depository
10 collections in libraries throughout this Commonwealth.
11 Section 704. Deposits and copies of public records.
12 The State Library shall maintain copies of all publications
13 of all agencies and provide for distribution of these
14 publications to academic and public libraries, and may serve as
15 a depository of the Federal Government.
16 CHAPTER 9
17 PENNSYLVANIA STATE LIBRARY SYSTEM
18 Section 901. Establishment.
19 There is hereby established the Pennsylvania State Library
20 System which shall consist of a unified system of all public
21 libraries within this Commonwealth which qualify for and apply
22 for State aid under this act. The commission shall promulgate
23 regulations governing the Pennsylvania State Library System and
24 minimum standards for public libraries to qualify for State aid
25 and grants.
26 Section 902. District library centers.
27 (a) General rule.--The commission shall designate up to 30
28 libraries throughout this Commonwealth as district library
29 centers which may include any public library or public library
30 system. A district library center shall provide library services
19990H0017B1719 - 21 -
1 within the district which it serves as may be determined from
2 time to time by the commission, shall provide additional
3 services as deemed appropriate by the governing board of the
4 district library center and shall otherwise exchange or provide
5 services either by contract or otherwise with other district
6 library centers.
7 (b) Funding.--Those funds received by the district library
8 center under section 1104(c)(5) shall be used by the district
9 library center for the services it provides as a district
10 library center and shall be segregated from the other funds
11 administered by the governing board of the district library
12 center.
13 Section 903. Statewide resource centers.
14 The commission shall designate four Statewide resource
15 centers to be located at the following places:
16 (1) The Free Library of Philadelphia.
17 (2) The State Library.
18 (3) The Pennsylvania State University Library.
19 (4) The Carnegie Library of Pittsburgh.
20 Statewide resource centers shall have the responsibility and
21 power to acquire major resource collections and, under the rules
22 and regulations as are promulgated by a board consisting of the
23 head librarians of all State resource centers and under the
24 chairmanship of the State Librarian, to make them available to
25 the residents of this Commonwealth on a Statewide basis.
26 Section 904. Public library boards.
27 The affairs of public libraries shall be under the exclusive
28 control of the board of each local library, as follows:
29 (1) For local libraries and public library systems
30 established after June 14, 1961, the board shall be composed
19990H0017B1719 - 22 -
1 of not fewer than five nor more than 11 members. The
2 municipal officers of the municipality which establishes the
3 local library shall appoint the board members and fill any
4 vacancies occurring from any cause. However, if two or more
5 municipalities contribute to the support and maintenance of a
6 local library or public library system, they shall each
7 appoint that number of board members as is mutually agreed
8 upon by the municipalities, the total number not to exceed 11
9 members. When a municipality maintains or aids in the
10 maintenance of a local library which is established by deed,
11 gift or testamentary provisions, or in any manner other than
12 the specific provisions of this act, it shall be sufficient
13 if the municipal officers appoint the majority of the board
14 members. Initially, the board members shall be appointed as
15 nearly as possible, one-third for one year, one-third for two
16 years and one-third for three years, with all subsequent
17 appointments to be of three-year duration. All members shall
18 serve until their successors have been appointed. No board
19 member shall receive any salary for service as a board
20 member.
21 (2) In the case of a local library established by deed,
22 gift or testamentary provision, by any association,
23 corporation or group, prior to June 14, 1961, this section
24 shall not be construed to require the municipal officers of
25 each municipality aiding in the maintenance of a local
26 library to appoint more than two of the board members of that
27 local library.
28 (3) The board of a district library center shall be the
29 board of the local library in which the district library
30 center is located. In the event a district library center
19990H0017B1719 - 23 -
1 serves local libraries which are outside of the public
2 library system in which the library is situate, and
3 thereafter the public library system determines to move its
4 system headquarters to another local library within the
5 public library system, then the district library center shall
6 not be moved unless and until approval of the commission is
7 obtained. Each district shall also have a district advisory
8 council which shall also have the duties and responsibilities
9 as may be determined hereafter by the commission.
10 Section 905. Surrogate voting.
11 In the event that a municipal officer is a board member of a
12 public library, whether by virtue of appointment, election,
13 charter designation or otherwise, by reason of the individual
14 holding the municipal office, then the designated municipal
15 officer may appoint a surrogate whose attendance at a board
16 meeting shall be deemed appropriate for the purpose of forming a
17 quorum of the board, and who shall be entitled to cast the vote
18 of that municipal officer on any board matter. The following
19 shall also apply:
20 (1) The municipal officer shall have submitted a written
21 authorization designating the surrogate prior to any meeting
22 in which the surrogate is present and votes on any board
23 matter.
24 (2) The authority of the surrogate shall continue until
25 the authorization is revoked in writing by the appointing
26 municipal officer or the municipal officer's authority to act
27 as a board member is otherwise terminated for any reason.
28 Section 906. Duties of the governing board and board members.
29 The board and the board members of public libraries shall
30 have the following duties and responsibilities:
19990H0017B1719 - 24 -
1 (1) To define and keep current the statement of the
2 public library's mission and goals, which statement shall be
3 in conformity with section 102.
4 (2) To provide library services which serve the
5 informational, educational and recreational needs of the
6 residents of the direct service area for which the board is
7 responsible as a member of the Pennsylvania State Library
8 System, by providing free access to those residents,
9 including free lending and reference services to an organized
10 and currently useful collection of printed items and other
11 materials, and to the services of a staff trained to
12 recognize and provide for these needs.
13 (3) To adopt policies with regard to staffing,
14 materials, library administration, services, access and
15 facilities, provided that the same are in accordance with
16 this act. In the case of public library system boards, the
17 policies shall be with regard to library services under the
18 direct administration of the public library system and
19 systemwide services.
20 (4) To receive and control all funds appropriated for
21 the establishment or maintenance of the public library and
22 any funds from other sources for library use.
23 (5) To adopt an annual budget, and to cause an audit to
24 be conducted of all funds within its control, in accordance
25 with regulations adopted from time to time by the commission.
26 (6) To hire and evaluate on a regular basis a qualified
27 librarian.
28 (7) To determine the salary and wages of all library
29 employees not covered by governmental regulations or
30 collective bargaining agreements.
19990H0017B1719 - 25 -
1 (8) To receive all property of whatsoever kind or
2 nature, together with any materials donated or appropriated
3 to the public library according to the terms of transfer of
4 that property by deed, gift, devise, bequest or otherwise. In
5 the absence of restrictions, the property shall be controlled
6 and administered as is other public library material or
7 property, provided that the use of the property shall be
8 limited and used only for public library purposes. The board
9 shall have the right and discretion to refuse any gifts
10 deemed or determined inappropriate by the board.
11 (9) To determine the location of the library facilities,
12 approve construction of new facilities in the expansion or
13 remodeling of existing facilities, approve improvements and
14 expansion of technological resources and maintaining library
15 facilities, if the same is in accordance with this act.
16 Public library system boards shall coordinate planning for
17 the location of local library facilities within the public
18 library system's direct service area, approve construction of
19 new facilities and expansion or remodeling of existing
20 facilities and coordinate improvements and expansion of
21 technological resources and maintenance of those library
22 facilities through which the public library system provides
23 service directly, with the intended purpose being that the
24 service shall be consistent throughout the direct service
25 area of the public library system.
26 (10) To purchase, lease, sell or otherwise dispose of
27 the property of the library which is governed by the board.
28 In the event that the board administers a capital fund for
29 endowment purposes, the board shall have the power to
30 transfer the fund to a separate nonprofit corporation which
19990H0017B1719 - 26 -
1 has received a designation as a section 501(c)(3)
2 organization under the Internal Revenue Code of 1986 (Public
3 Law 99-514, 26 U.S.C. § 1 et seq.), without the requirement
4 of obtaining an order of court, if the transfer does not
5 abrogate any restrictions otherwise placed on the funds by
6 the donor of the funds or by the board of the transferring
7 local library, and the funds are thereafter used for public
8 library purposes.
9 (11) To cooperate with the friends of a library group or
10 other library advocacy group or groups as may be active in
11 the direct service area of the local library.
12 (12) To submit the annual report required under section
13 305(14).
14 (13) To forward a copy of any required audit to each
15 municipality from which funds are received by the local
16 library, no later than 60 days from the date of receipt of
17 the audit.
18 (14) Except as otherwise provided in this act, to assume
19 those liabilities provided for in 15 Pa.C.S. § 5712 (relating
20 to standard of care and justifiable reliance) and 42 Pa.C.S.
21 § 8332.2 (relating to officer, director or trustee of
22 nonprofit organization negligence standard).
23 (15) To comply with all provisions of the charter
24 establishing the local library and, in the event of nonprofit
25 corporations, to comply with the provisions of 15 Pa.C.S. Pt.
26 II Subpt. C (relating to nonprofit corporations).
27 (16) To adopt bylaws which provide for the organization
28 and governance of the board.
29 (17) Notwithstanding any other provision of this
30 section, in the event that a board member misses three
19990H0017B1719 - 27 -
1 consecutive meetings of the board, the absence shall be
2 deemed sufficient cause for the removal of the board member
3 from the board. In the event the board member holds
4 membership by virtue of being appointed by a municipality or
5 by reason of holding a particular office or position, then
6 the absence shall be reported by the board to the appointing
7 organization or municipality, along with a copy of this
8 provision, and the appointing organization or municipality
9 may deem the absence as sufficient cause to revoke the
10 appointment.
11 Section 907. Organization of board and bond of treasurer.
12 The board shall organize as soon as may be possible after
13 appointments by electing a president, secretary and treasurer
14 from its membership and other officers and agents as the board
15 may deem necessary. The treasurer shall give bond to the
16 municipality with satisfactory surety in the amount as the board
17 may determine.
18 Section 908. Staff.
19 (a) Appointment of librarian.--The public library board has
20 the power to appoint a suitable librarian.
21 (b) Existing labor agreements.--This act shall not abrogate
22 labor agreements in existence on the effective date of this act.
23 Section 909. Merger of local libraries.
24 (a) Preparation and submission of plan of merger.--Subject
25 to approval by the commission, two or more local libraries may
26 accomplish a merger. A plan of merger shall be prepared and
27 submitted to the commission for approval, which shall have
28 attached to it at the time of submission:
29 (1) written approval of each of the boards of the
30 merging local libraries; and
19990H0017B1719 - 28 -
1 (2) written approval of each of the municipalities in
2 the designated direct service area of the merging local
3 libraries which aid in the maintenance of that local library.
4 (b) Determination to be made by commission.--In determining
5 whether or not the merger shall be permitted the commission
6 shall determine whether the merger is in accordance with the
7 standards developed by the commission pursuant to the powers
8 granted to the commission in section 305(7). No merger shall be
9 permitted unless the commission makes a determination that the
10 library services proposed after the merger pursuant to the plan
11 of merger submitted are equitable throughout the resulting local
12 library's direct service area and that the resulting local
13 library will provide more efficient library services to the
14 residents of the direct service area than the predecessor local
15 libraries.
16 (c) Availability of incentive grants.--The resulting local
17 library after merger shall be entitled to receive incentive
18 grants as may be available and as are otherwise permitted in
19 section 305(5), and which shall be in addition to the State aid
20 to which the resulting local library is entitled under Chapter
21 11.
22 (d) Effect.--After completion of the merger, the resulting
23 local library shall have one board. In the event that all of the
24 parties to a proposed merger are separate nonprofit
25 corporations, then 15 Pa.C.S. Pt. II Subpt. C (relating to
26 nonprofit corporations) shall be complied with in addition to
27 the provisions of this act. Notwithstanding, the merger shall
28 not be deemed defective in the event that one or more of the
29 merging local libraries is other than a nonprofit corporation.
30 Section 910. Shared services among libraries.
19990H0017B1719 - 29 -
1 (a) General rule.--Public libraries desiring to share
2 services with other libraries, whether or not they are public
3 libraries, shall do so by contract.
4 (b) Permitted shared services.--Permitted shared services
5 shall include:
6 (1) shared administration;
7 (2) shared automation services;
8 (3) shared technical services;
9 (4) shared programming;
10 (5) shared collections and collection development;
11 (6) shared staffing;
12 (7) shared union catalog;
13 (8) shared ownership and cost of a bookmobile;
14 (9) shared cost and ownership of outreach services;
15 (10) shared purchasing arrangements;
16 (11) shared library facilities; and
17 (12) other services as are approved by the commission.
18 (c) Availability of additional funding.--In the event that a
19 contract approved by the commission is entered into for shared
20 services under this section, then additional funding may be made
21 available under section 305(5), which shall include either or
22 both of the following:
23 (1) Capital or other grants to aid in the initial
24 funding requirements of the shared service.
25 (2) Incentive funding as may be determined in accordance
26 with standards established by the commission.
27 (d) Exception.--Notwithstanding the provisions of subsection
28 (c), approval of the commission for shared services contemplated
29 shall not be required in the event that no additional funding is
30 requested from the Commonwealth for the shared services.
19990H0017B1719 - 30 -
1 Section 911. Statewide library card.
2 (a) Establishment of library card program.--The commission
3 shall establish, maintain and operate a Statewide library card
4 program to provide access to public libraries and other
5 libraries, as deemed appropriate by the commission, for all
6 citizens of this Commonwealth.
7 (b) Access to automated library cards.--The commission shall
8 coordinate access to the many automated library catalogs in this
9 Commonwealth, including that of the State Library and the
10 Statewide resource centers, as part of the Pennsylvania
11 Information Network established in section 1101.
12 Section 912. Noncompliance with system requirements.
13 Any Pennsylvania State Library System member which fails to
14 comply with the minimum standards shall not be eligible for any
15 State funding.
16 CHAPTER 11
17 STATE AID TO LIBRARIES
18 Section 1101. Establishment.
19 A system of State aid to assist in the support and
20 maintenance of local libraries, county libraries, public library
21 systems, district library centers and Statewide resource centers
22 is hereby established.
23 Section 1102. Source.
24 The following are the sources of State aid:
25 (1) Appropriations from the General Fund.
26 (2) Other moneys collected under this act.
27 Section 1103. Administration.
28 The commission shall administer the funds to implement this
29 act.
30 Section 1104. State aid.
19990H0017B1719 - 31 -
1 (a) Payment of State aid.--State aid shall be paid when a
2 public library meets the following conditions:
3 (1) Elects to become a Pennsylvania State Library System
4 member.
5 (2) Achieves the applicable minimum standards determined
6 by the commission or submits plans leading to the achievement
7 of those standards and makes minimum financial effort set
8 forth in subsection (c)(1).
9 No library receiving State aid prior to the effective date of
10 this act shall receive less State aid as a result of this act
11 than was received for that library's fiscal year immediately
12 preceding the effective date of this act, even if the library
13 has not elected to qualify under this act.
14 (b) Time period for meeting eligibility requirements.--Local
15 libraries and public library systems shall have five years from
16 the effective date of this act to meet eligibility requirements
17 as set forth in this section, during which time they shall
18 receive State aid equal to that which they received during the
19 last fiscal year prior to the effective date of this act.
20 (c) Grant of State aid.--State aid shall be granted for the
21 following:
22 (1) Aid for quality library service. Any local library
23 or public library system which makes a minimum financial
24 effort of $5 per capita for residents in its direct service
25 area and meets the minimum standards shall qualify for State
26 aid for quality library service. State aid may not be less
27 than $3 for each person residing in its direct service area.
28 (2) Economically disadvantaged communities. Public
29 libraries serving economically distressed municipalities
30 shall be eligible to receive 50¢ per capita for the residents
19990H0017B1719 - 32 -
1 in their direct service area in addition to the State aid
2 received under paragraph (1). Libraries with local financial
3 effort below $5 per capita of their direct service area and
4 serving economically distressed municipalities are considered
5 as having achieved a minimum financial effort of $5 per
6 capita for purposes of eligibility for State aid.
7 (3) Incentives for excellence. Any local library or
8 public library system which makes a minimum financial effort
9 of $5 per capita for each resident in its direct service area
10 and meets the minimum standards shall qualify for incentives
11 for excellence, which shall be in addition to all other
12 amounts of State aid as follows:
13 (i) Local libraries or public library systems with
14 financial effort between $5.01 and $7.50 per capita shall
15 receive no less than $1 for each $1 of financial effort
16 between $5.01 and $7.50 per capita.
17 (ii) Local libraries or public library systems with
18 financial effort between $7.51 and $15 per capita shall
19 receive that State aid in subparagraph (i) plus no less
20 than 20¢ per capita for each $1 financial effort between
21 $7.51 and $15 per capita.
22 (iii) Local libraries or public library systems with
23 financial effort greater than $15 per capita shall
24 receive that State aid in subparagraphs (i) and (ii),
25 plus no less than 10¢ per capita for each $1 of financial
26 effort greater than $15 per capita.
27 (4) County/public coordination aid. In the case of a
28 county library or public library system of a second, second
29 A, third, fourth, fifth, sixth, seventh or eighth class
30 county, State aid shall be awarded in an amount equal to the
19990H0017B1719 - 33 -
1 amount appropriated and paid by the county government from
2 county moneys, either from the General Fund or a special
3 library tax or other sources, for the support and maintenance
4 of a county-based public library system, and shall be
5 determined as follows:
6 Percentage of State Aid Calculated
7 Class of County on County Appropriation
8 2, 2A, 3, 4 and 5 50%
9 6, 7 and 8 100%
10 (5) Any public library designated by the commission to
11 serve as a district library center shall receive additional
12 State aid of no less than $1 per capita for the residents of
13 the district served by the district library center, or
14 $200,000, whichever is greater.
15 (6) Libraries designated as Statewide resource centers
16 in section 903 shall receive State aid in an amount equal to
17 at least $500,000.
18 (7) Local libraries and public library systems which
19 otherwise qualify for State aid under paragraph (1) shall
20 receive an additional amount of State aid for the purpose of
21 implementing and maintaining information technology. Each
22 public library system shall receive an annual amount of no
23 less than $4,000 for each qualifying member local library,
24 branch library and bookmobile. Each local library shall
25 receive an annual grant of no less than $4,000 for the
26 central library and each branch library and bookmobile.
27 (8) Participation in district library center program.
28 Notwithstanding the other provisions of this section, no
29 State aid shall be granted to any public library unless the
30 board of that library commits the library in writing to
19990H0017B1719 - 34 -
1 participate in the district library center cooperative
2 program.
3 Section 1105. State librarian to approve plans.
4 Each local library or public library system desiring to
5 receive State aid under this act shall submit a plan to the
6 State Librarian for the use of the funds received and no
7 payments of State aid shall be made until the plan is approved
8 by the State Librarian in accordance with rules and regulations
9 approved by the commission. Subsequent changes and modifications
10 in a library plan may be submitted at any time for approval to
11 the State Librarian. Libraries qualifying for State aid shall
12 have five years to achieve minimum standards. Further extensions
13 of time may be permitted with the approval of the State
14 Librarian acting under the advice of the commission.
15 Section 1106. Per capita State aid documentation.
16 On or before October 1 of each calendar year, each State aid
17 applicant shall submit its application for the next calendar
18 year, with the form of the application to be determined by the
19 commission.
20 CHAPTER 13
21 PENNSYLVANIA INFORMATION NETWORK
22 Section 1301. Computer library services.
23 (a) Pennsylvania Information Network (PIN).--There is
24 established a computer library network, which shall connect the
25 following:
26 (1) Pennsylvania State Library System members.
27 (2) The legislative, executive and judicial branches.
28 (3) Municipal and county governments.
29 (4) Qualified libraries.
30 The Pennsylvania Information Network shall be available to the
19990H0017B1719 - 35 -
1 general public without cost or fee via Internet access.
2 (b) Information to be made available.--Public information
3 generally made available by the legislative, executive and
4 judicial branches and municipal and county governments may be
5 made available in electronic format by the Pennsylvania
6 Information Network. Materials owned by the State Library and
7 all Pennsylvania State Library System members may be made
8 available over the Pennsylvania Information Network unless
9 dissemination is prohibited by Federal or international
10 copyright laws.
11 Section 1302. User fees.
12 The commission shall set user fees for access to information
13 retrieval services.
14 CHAPTER 15
15 TAX EXEMPTIONS AND TAX CREDITS
16 Section 1501. Property, inheritance and income.
17 (a) Property.--Any building owned and occupied by a public
18 library, public library system or foundation established by a
19 public library or public library system and the land on which it
20 stands shall be exempt from local tax, notwithstanding the fact
21 that some portion of the building or land may be yielding
22 rentals to the corporation or association managing the library.
23 To qualify for exemption under this subsection, the net receipts
24 of the corporation or association from rentals must be used
25 solely for the purpose of maintaining the library.
26 (b) Inheritance and income.--Gifts, bequests, devises,
27 grants or endowments made to a public library shall be free from
28 inheritance tax. The income from such gifts, bequests, devises,
29 grants or endowments used solely for the purposes of maintaining
30 the libraries shall be exempt from State income tax.
19990H0017B1719 - 36 -
1 Section 1502. Tax credit.
2 (a) General rule.--Any business which makes a donation to a
3 local library shall receive a tax credit as provided in
4 subsection (b) if the receiving library and the State Librarian
5 annually approve the proposal of the business firm. The proposal
6 shall set forth:
7 (1) The donation to be made.
8 (2) The receiving library.
9 (3) The estimated market value of the donation to the
10 library.
11 (4) The plans for providing the donation.
12 (b) Tax credits.--The Department of Revenue shall grant a
13 tax credit against any tax due under Article IV, VI, VII, VII-A,
14 VIII, VIII-A, IX or XV of the act of March 4, 1971 (P.L.6,
15 No.2), known as the Tax Reform Code of 1971, or any tax
16 substituted in lieu thereof in an amount which shall not exceed
17 100% of the total market value of a qualified donation that
18 occurs during the taxable year by the business. No tax credit
19 shall be granted under this subsection to any business for
20 activities that are part of its normal course of business. Any
21 tax credit under this subsection that is not used in the period
22 the qualified donation was given may be carried over for the
23 next five succeeding taxable years until full credit has been
24 allowed.
25 (c) Regulations.--The State Librarian is hereby authorized
26 to promulgate rules and regulations for the approval or
27 disapproval of qualified donations and shall provide a listing
28 of all applications received and their disposition to the
29 General Assembly by October 1 of the following fiscal year.
30 (d) Limitation.--The total amount of all tax credits under
19990H0017B1719 - 37 -
1 this chapter may not exceed $10,000,000 in any fiscal year.
2 CHAPTER 17
3 ESTABLISHMENT AND MAINTENANCE OF LOCAL LIBRARIES
4 Section 1701. Municipal library tax and appropriations.
5 The municipal officers of any municipality may make
6 appropriations out of current revenue of the municipality or out
7 of moneys raised by the levy of special taxes to establish,
8 maintain or aid in the maintenance of a local library
9 established by deed, gift or testamentary provision, for the use
10 of the residents of the municipality. Special taxes for these
11 purposes may be levied on the taxable property of the
12 municipality or the same may be levied and collected with the
13 general taxes. If the county levies a special tax for the
14 support of a public library, that tax shall not be levied upon
15 residents of municipalities which appropriate funds or levy a
16 tax for the support of a local library that is not a part of the
17 county library district and is located within the municipality.
18 This section shall not be construed to limit appropriations made
19 for library purposes to those made from special tax levies.
20 Wherever a special tax is levied, all income from the tax shall
21 be used for the support and maintenance of the local library.
22 Section 1702. Referendum.
23 (a) Referendum question.--The municipal officers of any
24 municipality may submit to the qualified voters of the
25 municipality at a special election to be held at the time of the
26 next general, municipal or primary election occurring not less
27 than 60 days therefrom the question of establishing, maintaining
28 or aiding in maintaining a local library, and must submit the
29 questions if petitioned for by 3% of the number voting at the
30 last preceding general or municipal election. At the election
19990H0017B1719 - 38 -
1 the question of estimating an annual tax on all taxable property
2 of the municipality shall be submitted.
3 (b) Conditions to be met.--In cases where questions under
4 subsection (a) are submitted to the voters of the county, they
5 shall not be submitted to the voters residing in cities,
6 boroughs, towns, townships and school districts in which there
7 is then being maintained a local library that is not a part of
8 the county library district, whether by the city, borough, town,
9 township, school district or otherwise, unless the municipal
10 officers of the board of trustees or managers of any endowed
11 library or association library in the municipality shall have,
12 previous to the submission, signified their intent by ordinance
13 or resolution to become part of the county library district and
14 to merge any existing library in the municipal district with the
15 county library, if the same may be done legally. Any city,
16 borough, town, township, school district or any board of
17 trustees or managers of any endowed library or association
18 library maintaining such a local library shall have the power to
19 contract with the county commissioners before the submission of
20 the questions upon the terms and conditions under which it will
21 become a part of the county library district. Title to the books
22 and other property of the municipally supported library or other
23 library shall remain in the municipality or with the board of
24 trustees or managers, but the books and other property shall be
25 used by the county library in accordance with the terms of a
26 written agreement between the county commissioners and the
27 municipal officers or board of trustees or managers of any
28 endowed library or associate library. However, title to such
29 books and other property may be transferred to the county
30 library district, if the same may be done legally.
19990H0017B1719 - 39 -
1 (c) Merger of facilities.--Where a county library district
2 is established and a municipality has not joined in the
3 establishment, it may, nevertheless, thereafter join the county
4 library district if the municipal officers or the board of
5 trustees or managers of any endowed library or association
6 library in the municipality enter into an agreement with the
7 county board of library directors to merge its facilities with
8 the county library in the manner provided under this act.
9 Section 1703. Tax-levying; restrictions to county tax.
10 If the majority of votes cast on the question under section
11 1702 are in favor of establishing the tax rate, the municipal
12 officers, at the first meeting following the official
13 announcement of the results of the election, shall take the
14 necessary steps to levy and collect the tax so levied and shall
15 appoint a board of library directors. The board shall have
16 exclusive control of the library so established and/or
17 maintained and shall be governed as provided elsewhere in this
18 act. In the case of a county tax, no tax shall be levied on any
19 property in cities, boroughs, towns, townships or school
20 districts where local libraries are being maintained by public
21 tax funds and which have not elected up to the time of the levy
22 to join the county library district.
23 Section 1704. Annual tax rate; levy and collection.
24 The rate of tax so voted shall be an annual rate until
25 another vote is taken changing the same. The municipal officers
26 may increase the rate without submitting the question to the
27 voters. The tax shall be levied and collected in like manner as
28 other taxes in the municipality, and shall be in addition to all
29 other taxes, except where included within the general levy, and
30 shall be used for no other purpose than that of establishing
19990H0017B1719 - 40 -
1 and/or maintaining a local library.
2 Section 1705. Discontinuance of county library and tax in city,
3 borough, town, township or school district.
4 Wherever in a city, borough, town, township or school
5 district there has been or may be established and maintained a
6 separate local library and there is at the time a county library
7 in existence, 3% of the number voting at the last preceding
8 general or municipal election in the city, borough, town,
9 township or school district may petition the county
10 commissioners to place on the ballot the question of whether or
11 not the city, borough, town, township or school district shall
12 be a part of the county library district and be subject to levy
13 and payment of any taxes levied for the purpose of maintaining
14 or aiding in the maintenance of any county library. At the next
15 general or municipal election occurring at least 60 days after
16 the filing of the petition, but not more often than once in five
17 years, the question shall be placed upon the ballots and
18 submitted to the electors of the city, borough, town, township
19 or school district, as provided by the election laws. If a
20 majority of those voting on the question vote in favor of the
21 discontinuance of the county library and tax in the city,
22 borough, town, township or school district, then the city,
23 borough, town, township or school district shall not thereafter
24 be a part of the county library district and shall not be
25 subject to the levy and payment of any taxes levied for the
26 purpose of maintaining or aiding in the maintenance of any
27 county library. When a vote to discontinue a library tax is
28 presented to the voters, as a result of successful petition to
29 the county commissioners as described, the vote to discontinue
30 the tax must be inclusive of the municipality or group of
19990H0017B1719 - 41 -
1 municipalities which, as a whole, originally voted the tax into
2 existence. Individual municipalities may not, separately,
3 petition to have the discontinuance of the tax put on the ballot
4 in cases where the tax was instituted by majority vote of a
5 large group of municipalities.
6 Section 1706. Joint action by municipalities.
7 Two or more municipalities may unite in establishing and/or
8 maintaining a local library under the terms of an agreement
9 entered into between them. The agreements shall be in writing
10 and shall set forth the purpose, the terms as to support and
11 control and the conditions under which the agreement shall be
12 altered or terminated. The agreement shall not be valid until it
13 has been accepted by a majority vote of the municipal officers
14 of each of the municipalities agreeing thereto and signed by the
15 proper officer of each of the municipalities.
16 Section 1707. Municipality contract for free library services.
17 Any municipality may contract with the managers or owners of
18 any existing local library for public library service to the
19 residents of the municipality, whether the library is located in
20 the same or in another municipality. The contract shall be
21 renewable as provided in the contract.
22 Section 1708. Appropriation for contracted library services.
23 The municipal officers of any municipality may make
24 appropriations out of current revenue of the municipality or out
25 of the moneys raised by the levy of special taxes on the dollar
26 on all taxable property in the municipality for the purpose
27 specified in section 1707. Whenever a special tax is levied, all
28 income from the tax shall be used for the support and
29 maintenance of the local library with which the municipal
30 officers have entered into contract.
19990H0017B1719 - 42 -
1 Section 1709. Purchase, lease lands and buildings for local
2 library purposes.
3 A municipality is authorized to purchase, set apart or lease
4 lands and buildings, or parts of buildings already owned by it,
5 or both, or to erect buildings, to be used for local library
6 purposes, or to alter buildings already erected so as to make
7 them suitable for that use, and it is authorized to provide for
8 the cost of the same as in the case of other buildings to be
9 used for municipal purposes. Whenever, in a municipality, a tax
10 levy has been or may hereafter be authorized for the purpose of
11 maintaining a local library therein as provided by this act,
12 and, out of moneys raised from the levy, a surplus or excess has
13 been or may hereafter be accumulated above the necessary cost of
14 maintaining the library, it shall and may be lawful for the
15 directors of the library to pay over the excess or surplus to
16 the municipal officers of the municipality, to be used by them
17 for any of the purposes provided in this section.
18 Section 1710. Appropriation of private property for library
19 purposes.
20 A municipality may by ordinance or resolution purchase, enter
21 upon and appropriate private property within its limits for the
22 purpose of library facilities, utilizing the procedures of the
23 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
24 Eminent Domain Code.
25 Section 1711. Petition for submission of bond issue.
26 If 5% of the registered voters of any municipality shall
27 petition the municipal officers to submit the question of
28 executing a bonded indebtedness for purchasing grounds and/or
29 erecting buildings for library purposes, the officers must
30 submit the question at the next ensuing election.
19990H0017B1719 - 43 -
1 Section 1712. Existing agreements not affected.
2 This act shall not in any way affect any agreement or
3 agreements heretofore made by a municipality under any prior act
4 relating to local libraries but all these agreements are hereby
5 ratified and are to continue as binding contracts between the
6 parties.
7 Section 1713. Duplication.
8 Whenever there is in any municipality a local library which
9 is open to the use of all the residents thereof and which meets
10 the minimum standards recommended by the State Librarian as
11 conditions for participation in State aid, no new library shall
12 be established there, under this act, but all public aid
13 authorized shall be given to the existing library to enable it
14 to meet as far as possible the needs of the residents. However,
15 if on or before July 20, 1917, two or more libraries have been
16 receiving aid from the same municipality, the appropriation
17 authorized by this act shall be divided between the libraries
18 according to the terms of an agreement previously entered
19 between the libraries and approved by the State Librarian.
20 CHAPTER 19
21 LIBRARY OFFENSES
22 Section 1901. Damaging library property.
23 (a) Offense defined.--A person commits a misdemeanor of the
24 third degree if he willfully cuts, mutilates, marks or otherwise
25 injures any book, pamphlet, magazine, newspaper, manuscript, map
26 or other property belonging in, or to, or on deposit with, any
27 library open to the public or any part thereof or the library of
28 any university, college or educational institution chartered by
29 the Commonwealth.
30 (b) Disposition of fine.--Any fine imposed under this
19990H0017B1719 - 44 -
1 section shall be paid over by the court imposing the fine to the
2 library against which the offense was committed.
3 CHAPTER 31
4 MISCELLANEOUS PROVISIONS
5 Section 3101. Repeals.
6 (a) Absolute.--The act of June 14, 1961 (P.L.324, No.188),
7 known as The Library Code, is repealed.
8 (b) General.--All other acts and parts of acts are repealed
9 insofar as they are inconsistent with this act.
10 Section 3102. Transfer.
11 All personnel, allocations, appropriations, equipment, files,
12 records, contracts, agreements, obligations and other materials
13 which are used, employed or expended by the Department of
14 Education in connection with the powers, duties or functions
15 exercised under this act by the commission are hereby
16 transferred to the commission with the same force and effect as
17 if the appropriations had been made to and the items had been
18 the property of the commission in the first instance and as if
19 said contracts, agreements and obligations had been incurred or
20 entered into by the commission.
21 Section 3103. Regulations.
22 The commission shall promulgate regulations relative to the
23 implementation of this act.
24 Section 3104. Effective date.
25 This act shall take effect immediately.
26 SECTION 1. SECTION 302 OF THE ACT OF JUNE 14, 1961 (P.L.324, <--
27 NO.188), KNOWN AS THE LIBRARY CODE, AMENDED DECEMBER 9, 1980
28 (P.L.1125, NO.200), IS AMENDED TO READ:
29 SECTION 302. DEFINITIONS.--AS USED IN THIS ARTICLE--
30 (1) "BASIC STANDARDS." THE BASIC STANDARDS ARE STANDARDS
19990H0017B1719 - 45 -
1 PROMULGATED BY THE STATE LIBRARIAN AND APPROVED BY THE ADVISORY
2 COUNCIL ON LIBRARY DEVELOPMENT, IN COMPLIANCE WITH SECTIONS
3 201(15) AND 303, WHICH MUST BE ACHIEVED BY A LOCAL LIBRARY TO
4 QUALIFY FOR THE STATE-AID AUTHORIZED BY SECTION 303(1) AND (7)
5 AND BY A BRANCH LIBRARY OR A BOOKMOBILE TO QUALIFY FOR THE
6 STATE-AID AUTHORIZED BY SECTION 303(7). THE STANDARDS SHALL BE
7 THOSE DEEMED ESSENTIAL TO A LIBRARY, BRANCH OR BOOKMOBILE FOR IT
8 TO FULFILL THE DEFINITION OF LOCAL LIBRARY STATED IN SECTION
9 102(1).
10 (2) "DIRECT SERVICE AREA." THE MUNICIPALITY OR
11 MUNICIPALITIES TO WHICH THE GOVERNING BODY OF A LIBRARY IS
12 RESPONSIBLE FOR EXTENDING ALL ITS LIBRARY SERVICES WITHOUT
13 CHARGE.
14 (3) "FINANCIAL EFFORT." THE SUM EXPENDED ANNUALLY BY A
15 LOCAL LIBRARY FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE
16 OF LIBRARY SERVICES WHICH DERIVES FROM LOCAL TAXES, GIFTS,
17 ENDOWMENTS AND OTHER LOCAL SOURCES, AS MAY BE PROVIDED UNDER
18 RULES AND REGULATIONS ADOPTED BY THE ADVISORY COUNCIL ON LIBRARY
19 DEVELOPMENT, AND WHICH IS USED TO DETERMINE ELIGIBILITY FOR
20 STATE-AID.
21 (4) "FINANCIAL EFFORT EQUAL TO ONE-HALF MILL." THE
22 FINANCIAL EFFORT EQUAL TO ONE-HALF MILL TIMES THE MARKET VALUE
23 OF TAXABLE PROPERTY, AS DETERMINED BY THE STATE TAX EQUALIZATION
24 BOARD, IN THE MUNICIPALITIES FOR WHICH AID IS CLAIMED OR IN THE
25 DIRECT SERVICE AREA OF A LOCAL LIBRARY, WHICHEVER IS APPLICABLE.
26 (5) "FINANCIAL EFFORT EQUAL TO ONE-QUARTER MILL." THE
27 FINANCIAL EFFORT EQUAL TO ONE-QUARTER MILL TIMES THE MARKET
28 VALUE OF TAXABLE PROPERTY, AS DETERMINED BY THE STATE TAX
29 EQUALIZATION BOARD, IN THE MUNICIPALITIES FOR WHICH AID IS
30 CLAIMED OR IN THE DIRECT SERVICE AREA OF A LOCAL LIBRARY,
19990H0017B1719 - 46 -
1 WHICHEVER IS APPLICABLE.
2 (5.1) "LOCAL GOVERNMENT SUPPORT." SUPPORT FROM A
3 MUNICIPALITY WITHIN A DIRECT SERVICE AREA FOR THE NORMAL
4 RECURRING OPERATING COSTS OF A LIBRARY OR A LIBRARY SYSTEM
5 SERVING THAT DIRECT SERVICE AREA FROM APPROPRIATIONS, GENERAL
6 PURPOSE TAXES, SPECIAL LIBRARY TAXES OR DIRECT PAYMENT OF ANY
7 LIBRARY EXPENSE. THE TERM SHALL NOT INCLUDE COSTS OF SHARED
8 SERVICES, IN-KIND COSTS OR EMPLOYMENT PROGRAM COSTS.
9 (6) "MINIMUM STANDARDS." STANDARDS PROMULGATED BY THE STATE
10 LIBRARIAN AND APPROVED BY THE ADVISORY COUNCIL ON LIBRARY
11 DEVELOPMENT, IN COMPLIANCE WITH SECTIONS 201(15) AND 303, WHICH
12 MUST BE ACHIEVED BY A LOCAL LIBRARY OR A LIBRARY SYSTEM TO
13 QUALIFY FOR AID [AUTHORIZED BY SECTION 303(2)] UNDER SECTION
14 303.
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).
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 2. SECTION 303 OF THE ACT, AMENDED JULY 10, 1985
28 (P.L.195, NO.50) AND JUNE 30, 1989 (P.L.71, NO.18), IS AMENDED
29 TO READ:
30 SECTION 303. STATE-AID.--(A) BEGINNING IN THE 1985-1986
19990H0017B1719 - 47 -
1 FISCAL YEAR AND THROUGH THE 1998-1999 FISCAL YEAR, IN EACH YEAR
2 THAT THE COMMONWEALTH'S TOTAL ANNUAL APPROPRIATION FOR THE
3 SYSTEM OF STATE-AID ESTABLISHED BY SECTION 301 EQUALS OR EXCEEDS
4 SEVENTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($17,500,000),
5 TWO AND THREE-QUARTERS PERCENT (2.75%) OF SAID APPROPRIATION
6 SHALL FIRST BE ALLOCATED AS EQUALIZATION AID, AS PROVIDED FOR IN
7 CLAUSE (6) OF SUBSECTION (B) AND THE REMAINDER OF SAID
8 APPROPRIATION SHALL THEN BE ALLOCATED ACCORDING TO THE
9 PERCENTAGES ESTABLISHED IN CLAUSES (1), (2), (3), (4), (5) AND
10 (7) OF SUBSECTION (B).
11 (B) [SUBJECT TO THE LIMITATIONS IN SUBSECTION (A),] STATE-
12 AID SHALL BE PAID WHEN A LIBRARY ACHIEVES THE APPLICABLE
13 STANDARDS DETERMINED BY COUNSELING WITH THE STATE LIBRARIAN
14 PURSUANT TO THE ADVICE AND RECOMMENDATIONS OF THE ADVISORY
15 COUNCIL ON LIBRARY DEVELOPMENT, OR SUBMITS PLANS AS SET FORTH IN
16 SECTION 304 OF THIS ACT LEADING TO THE ACHIEVEMENT OF SUCH
17 STANDARDS, AND MAKES A MINIMUM FINANCIAL EFFORT AS FOLLOWS,
18 EXCEPT THAT NO LIBRARY RECEIVING STATE-AID PRIOR TO AND AT TIME
19 OF THE APPROVAL OF THIS ACT SHALL RECEIVE LESS STATE-AID AS A
20 RESULT OF THE PROVISIONS HEREOF NOTWITHSTANDING THAT SUCH
21 LIBRARY HAS NOT ACCEPTED THE PROVISIONS OF THIS ACT:
22 (1) BASIC AID TO LOCAL LIBRARIES. [TWENTY-FIVE] FOR
23 ELIGIBLE FISCAL YEARS UP TO AND THROUGH THE 1998-1999 FISCAL
24 YEAR, TWENTY-FIVE PERCENT (25%) OF THE COMMONWEALTH'S TOTAL
25 ANNUAL APPROPRIATION FOR THE SYSTEM OF STATE-AID ESTABLISHED BY
26 SECTION 301, OR A MINIMUM OF TWENTY-FIVE CENTS (25¢) PER CAPITA
27 FOR EACH PERSON RESIDING IN THE MUNICIPALITIES OF THE LIBRARIES
28 WHICH QUALIFY FOR BASIC AID, SHALL BE ALLOCATED AS BASIC AID.
29 ANY LOCAL LIBRARY WHICH MAKES A MINIMUM FINANCIAL EFFORT
30 EQUAL TO ONE-HALF MILL, FOR THE MUNICIPALITIES ON BEHALF OF
19990H0017B1719 - 48 -
1 WHICH IT APPLIES FOR AID, OR TWO DOLLARS ($2) PER CAPITA FOR
2 EACH PERSON RESIDING IN THOSE MUNICIPALITIES, WHICHEVER IS LESS
3 AND ACHIEVES THE BASIC STANDARDS, SHALL QUALIFY FOR BASIC STATE-
4 AID. SUCH AID SHALL NOT BE LESS THAN TWENTY-FIVE CENTS (25¢) FOR
5 EACH PERSON RESIDING IN THE MUNICIPALITIES. HOWEVER, WHEN THE
6 ALLOCATION FOR BASIC AID EXCEEDS THE AMOUNT NECESSARY TO PAY THE
7 MINIMUM RATE, THE ENTIRE ALLOCATION SHALL BE DISTRIBUTED AT A
8 PER CAPITA RATE WHICH SHALL BE DETERMINED BY DIVIDING THE
9 ALLOCATION BY THE NUMBER OF PERSONS IN THE COMMONWEALTH ON
10 BEHALF OF WHICH LOCAL LIBRARIES AND LIBRARY SYSTEMS APPLY AND
11 QUALIFY FOR BASIC AID: PROVIDED, THAT IN THE FIRST YEAR IN WHICH
12 A LIBRARY APPLIES FOR STATE-AID IT SHALL QUALIFY BY MAKING A
13 MINIMUM FINANCIAL EFFORT EQUAL TO ONE-QUARTER MILL, OR ONE
14 DOLLAR ($1) PER CAPITA FOR EACH PERSON RESIDING IN THE
15 MUNICIPALITIES WHICHEVER IS LESS.
16 IN EACH OF THE SUCCEEDING FIVE YEARS, SUCH LIBRARY SHALL
17 QUALIFY FOR MAXIMUM STATE-AID ONLY WHEN IT INCREASES ITS
18 FINANCIAL EFFORT BY THE FOLLOWING SCALE OF PERCENTAGES OF THE
19 DIFFERENCE BETWEEN THE FINANCIAL EFFORT WITH WHICH SUCH LIBRARY
20 INITIALLY QUALIFIED FOR STATE-AID AND A FINANCIAL EFFORT EQUAL
21 TO ONE-HALF MILL, OR TWO DOLLARS ($2) PER CAPITA FOR EACH PERSON
22 RESIDING IN THE MUNICIPALITIES FOR WHICH IT APPLIES FOR AID,
23 WHICHEVER IS LESS:
24 1ST SUCCEEDING YEAR--20 PERCENT,
25 2ND SUCCEEDING YEAR--40 PERCENT,
26 3RD SUCCEEDING YEAR--60 PERCENT,
27 4TH SUCCEEDING YEAR--80 PERCENT,
28 5TH SUCCEEDING YEAR--100 PERCENT.
29 BUT WHERE THE INCREASE IN ANY YEAR IS LESS THAN THE PERCENTAGE
30 SPECIFIED ABOVE, THE AMOUNT OF STATE-AID SHALL BE REDUCED BY A
19990H0017B1719 - 49 -
1 PERCENTAGE EQUAL TO ONE-FIFTH OF THE PERCENTAGE WHICH THE
2 DIFFERENCE BETWEEN THE REQUIRED INCREASE AND THE ACTUAL INCREASE
3 BEARS TO THE REQUIRED INCREASE MULTIPLIED BY THE NUMBER OF YEARS
4 OF PARTICIPATION IN STATE-AID BEYOND THE FIRST YEAR.
5 AFTER THE FIFTH SUCCEEDING YEAR, A LOCAL LIBRARY SHALL NOT BE
6 ELIGIBLE FOR FURTHER STATE-AID UNLESS IT MAKES A FINANCIAL
7 EFFORT EQUAL TO ONE-HALF MILL FOR THE MUNICIPALITIES ON BEHALF
8 OF WHICH IT APPLIES FOR AID, OR TWO DOLLARS ($2) PER CAPITA FOR
9 EACH PERSON RESIDING IN THOSE MUNICIPALITIES, WHICHEVER IS LESS.
10 (1.1) QUALITY LIBRARIES AID.
11 (I) BEGINNING WITH FISCAL YEAR 1999-2000 AND EACH FISCAL
12 YEAR THEREAFTER, QUALIFYING LOCAL LIBRARIES AND LIBRARY SYSTEMS
13 SHALL RECEIVE QUALITY LIBRARIES AID TO BE ALLOCATED FROM THE SUM
14 TOTAL OF A HOLD HARMLESS AMOUNT PLUS AN ANNUAL SUPPLEMENT, BOTH
15 AMOUNTS TO BE DERIVED FROM THE COMMONWEALTH'S ANNUAL
16 APPROPRIATION FOR GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS.
17 THE HOLD HARMLESS AMOUNT FOR QUALITY LIBRARIES AID SHALL BE THE
18 AMOUNT ALLOCATED UNDER CLAUSE (1) ABOVE 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.
30 (II) QUALITY LIBRARIES AID SHALL BE ALLOCATED TO QUALIFYING
19990H0017B1719 - 50 -
1 LOCAL LIBRARIES AND LIBRARY SYSTEMS ON A PER CAPITA BASIS IN THE
2 FOLLOWING MANNER: THE ANNUAL ALLOCATION OF FUNDS AVAILABLE FOR
3 QUALITY LIBRARIES AID SHALL BE DIVIDED BY THE TOTAL POPULATION
4 ON WHICH ALL LIBRARIES AND LIBRARY SYSTEMS QUALIFY FOR STATE-AID
5 TO YIELD A PER CAPITA AMOUNT OF QUALITY LIBRARIES AID. THE PER
6 CAPITA AMOUNT OF QUALITY LIBRARIES AID SHALL THEN BE MULTIPLIED
7 BY THE TOTAL POPULATION RESIDING WITHIN THE MUNICIPALITIES
8 SERVED BY A LIBRARY OR LIBRARY SYSTEM WHICH QUALIFIES FOR AID.
9 (III) TO QUALIFY, A LOCAL LIBRARY OR LIBRARY SYSTEM MUST
10 MAKE A MINIMUM FINANCIAL EFFORT OF FIVE DOLLARS ($5) PER CAPITA
11 FOR EACH PERSON RESIDING IN THE MUNICIPALITIES BASED ON WHICH IT
12 QUALIFIES FOR AID.
13 (IV) ANY LOCAL LIBRARY OR LIBRARY SYSTEM THAT RECEIVED
14 STATE-AID UNDER CLAUSE (1) ABOVE FOR FISCAL YEAR 1998-1999 SHALL
15 HAVE UP TO THREE YEARS TO MAKE THE MINIMUM FINANCIAL EFFORT OF
16 FIVE DOLLARS ($5) PER CAPITA BUT MUST ANNUALLY FOR EACH OF THOSE
17 THREE YEARS INCREASE ITS MINIMUM FINANCIAL EFFORT OVER THAT MADE
18 IN THE PRECEDING FISCAL YEAR IN ORDER TO QUALIFY FOR QUALITY
19 LIBRARIES AID.
20 (V) ANY LOCAL LIBRARY OR LIBRARY SYSTEM THAT DID NOT RECEIVE
21 STATE-AID UNDER CLAUSE (1) ABOVE FOR FISCAL YEAR 1998-1999 MUST
22 MAKE THE MINIMUM FINANCIAL EFFORT OF FIVE DOLLARS ($5) PER
23 CAPITA IN ORDER TO QUALIFY FOR QUALITY LIBRARIES AID.
24 (VI) ANY LOCAL LIBRARY OR LIBRARY SYSTEM WHICH APPLIES FOR
25 STATE-AID ON BEHALF OF AN ECONOMICALLY DISTRESSED MUNICIPALITY
26 AS DEFINED IN CLAUSE (6) OF THIS SUBSECTION MUST EXPEND A
27 MINIMUM OF TWO DOLLARS ($2) PER CAPITA FOR THE RESIDENTS OF THE
28 MUNICIPALITY.
29 (VII) EXCEPT FOR THE POPULATION OF MUNICIPALITIES CONSIDERED
30 ECONOMICALLY DISTRESSED, BEGINNING WITH FISCAL YEAR 2002-2003,
19990H0017B1719 - 51 -
1 ALL LIBRARIES AND LIBRARY SYSTEMS WHICH RECEIVED STATE-AID IN
2 FISCAL YEAR 1998-1999 MUST MAKE A MINIMUM FINANCIAL EFFORT OF
3 FIVE DOLLARS ($5) PER CAPITA TO QUALIFY FOR QUALITY LIBRARIES
4 AID.
5 (1.2) TO RECEIVE AID UNDER CLAUSE (1.1) ABOVE, THE LOCAL
6 LIBRARY OR LIBRARY SYSTEM MUST MEET THE FOLLOWING MINIMUM
7 STANDARDS:
8 (I) PARTICIPATE IN THE ACCESS PENNSYLVANIA STATEWIDE LIBRARY
9 CARD PROGRAM.
10 (II) LEND MATERIALS FREE OF CHARGE ON A RECIPROCAL BASIS TO
11 ALL TYPES OF LIBRARIES IN THIS COMMONWEALTH.
12 (III) PROVIDE INTERLIBRARY LOANS TO RESIDENTS OF THE
13 LIBRARY'S DIRECT SERVICE AREA FREE OF CHARGE.
14 (IV) BE OPEN FOR SERVICE AT LEAST TWENTY-SIX HOURS PER WEEK
15 DURING HOURS BEST-SUITED TO THE NEEDS OF RESIDENTS OF ITS
16 SERVICE AREA, TO INCLUDE AT LEAST SIX HOURS DURING THE WEEKEND
17 PERIOD BEGINNING ON SATURDAY AND ENDING ON SUNDAY. WEEKEND HOURS
18 MAY BE REDUCED TO FOUR HOURS DURING TIME PERIODS AS COMMUNITY-
19 USE PATTERNS WARRANT FOR TEN WEEKS PER YEAR.
20 (V) THE LIBRARY DIRECTOR SHALL ANNUALLY ATTEND AT LEAST
21 EIGHT HOURS OF CONTINUING EDUCATION PROGRAMS APPROVED BY THE
22 OFFICE OF COMMONWEALTH LIBRARIES.
23 (2) INCENTIVE AID TO LOCAL LIBRARIES. [TWENTY-FIVE] FOR
24 ELIGIBLE FISCAL YEARS UP TO AND THROUGH THE 1998-1999 FISCAL
25 YEAR, TWENTY-FIVE PERCENT (25%) OF THE COMMONWEALTH'S TOTAL
26 ANNUAL APPROPRIATION FOR THE SYSTEM OF STATE-AID ESTABLISHED BY
27 SECTION 301, OR A MINIMUM OF TWENTY-FIVE CENTS (25¢) PER CAPITA
28 FOR EACH PERSON RESIDING IN THE DIRECT SERVICE AREAS OF THE
29 LIBRARIES WHICH QUALIFY FOR INCENTIVE AID, SHALL BE ALLOCATED AS
30 INCENTIVE AID.
19990H0017B1719 - 52 -
1 ANY LOCAL LIBRARY OR LIBRARY SYSTEM WHICH MAKES A MINIMUM
2 FINANCIAL EFFORT EQUAL TO ONE-HALF MILL, OR TWO DOLLARS ($2) PER
3 CAPITA FOR EACH PERSON RESIDING IN ITS DIRECT SERVICE AREA,
4 WHICHEVER IS LESS AND FULFILLS THE MINIMUM STANDARDS FOR LOCAL
5 LIBRARIES OR THE MINIMUM STANDARDS FOR LIBRARY SYSTEMS,
6 WHICHEVER IS APPLICABLE, SHALL QUALIFY FOR INCENTIVE AID, WHICH
7 SHALL BE IN ADDITION TO ALL OTHER AMOUNTS OF AID PROVIDED IN
8 THIS SECTION. EACH QUALIFYING LIBRARY OR LIBRARY SYSTEM SHALL
9 RECEIVE INCENTIVE AID UP TO FIFTY CENTS (50¢) FOR EACH ONE
10 DOLLAR ($1) OF SURPLUS FINANCIAL EFFORT BUT WHEN FIFTY CENTS
11 (50¢) PER DOLLAR OF SURPLUS FINANCIAL EFFORT IS MORE THAN
12 TWENTY-FIVE CENTS (25¢) PER CAPITA THE MINIMUM INCENTIVE AID
13 SHALL BE TWENTY-FIVE CENTS (25¢) PER CAPITA FOR EACH PERSON
14 RESIDING IN THE DIRECT SERVICE AREA. HOWEVER, IF AFTER PAYING
15 THE MINIMUM AMOUNT SET FORTH IN THIS CLAUSE THERE IS A BALANCE
16 IN THE ALLOCATION, THE BALANCE SHALL BE PRORATED AMONG THE
17 LIBRARIES AND LIBRARY SYSTEMS WHICH QUALIFY FOR A LARGER AMOUNT
18 OF AID AT THE RATE OF FIFTY CENTS (50¢) FOR EACH ONE DOLLAR ($1)
19 OF SURPLUS FINANCIAL EFFORT RATHER THAN AT THE RATE OF TWENTY-
20 FIVE CENTS (25¢) PER CAPITA.
21 (2.1) INCENTIVE FOR EXCELLENCE AID.
22 (I) BEGINNING WITH FISCAL YEAR 1999-2000 AND EACH FISCAL
23 YEAR THEREAFTER, QUALIFYING LOCAL LIBRARIES AND LIBRARY SYSTEMS
24 SHALL RECEIVE AN INCENTIVE FOR EXCELLENCE AID TO BE ALLOCATED
25 FROM THE SUM TOTAL OF A HOLD HARMLESS AMOUNT PLUS AN ANNUAL
26 SUPPLEMENT, BOTH AMOUNTS TO BE DERIVED FROM THE COMMONWEALTH'S
27 ANNUAL APPROPRIATION FOR GRANTS TO LOCAL LIBRARIES AND LIBRARY
28 SYSTEMS. THE HOLD HARMLESS AMOUNT FOR INCENTIVE FOR EXCELLENCE
29 AID SHALL BE THE AMOUNT ALLOCATED UNDER CLAUSE (2) ABOVE FOR
30 INCENTIVE AID TO LOCAL LIBRARIES FOR FISCAL YEAR 1998-1999 FROM
19990H0017B1719 - 53 -
1 THE AMOUNT ALLOCATED FROM THE COMMONWEALTH'S ANNUAL
2 APPROPRIATION FOR GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS.
3 FOR FISCAL YEAR 1999-2000, THE ANNUAL SUPPLEMENT SHALL BE FIFTY-
4 THREE PERCENT (53%) OF ANY INCREASE IN THE COMMONWEALTH'S ANNUAL
5 APPROPRIATION FOR GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS
6 ABOVE THE AMOUNT APPROPRIATED FOR FISCAL YEAR 1998-1999. FOR
7 SUBSEQUENT FISCAL YEARS, THE ANNUAL SUPPLEMENT FOR INCENTIVE FOR
8 EXCELLENCE AID SHALL BE SPECIFIED IN THE COMMONWEALTH'S ANNUAL
9 APPROPRIATION FOR GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS
10 WITHIN THE GENERAL APPROPRIATIONS ACT FOR THAT FISCAL YEAR.
11 (II) TO QUALIFY, A LOCAL LIBRARY OR LIBRARY SYSTEM MUST MAKE
12 A FINANCIAL EFFORT GREATER THAN FIVE DOLLARS ($5) PER CAPITA FOR
13 EACH PERSON RESIDING IN THE MUNICIPALITIES ON BEHALF OF WHICH IT
14 APPLIES FOR AID AND MEET THE MINIMUM STANDARDS FOR LOCAL
15 LIBRARIES OR LIBRARY SYSTEMS STANDARDS.
16 (III) INCENTIVE FOR EXCELLENCE AID SHALL BE ALLOCATED TO
17 LOCAL LIBRARIES AND LIBRARY SYSTEMS IN THE FOLLOWING MANNER: THE
18 ANNUAL ALLOCATION OF FUNDS AVAILABLE FOR INCENTIVE FOR
19 EXCELLENCE AID SHALL BE ALLOCATED PROPORTIONATELY TO QUALIFYING
20 LOCAL LIBRARIES OR LIBRARY SYSTEMS FOR EACH ONE DOLLAR ($1) PER
21 CAPITA OR PORTION THEREOF A LOCAL LIBRARY OR LIBRARY SYSTEM
22 SHOWS IN FINANCIAL EFFORT BETWEEN FIVE DOLLARS ($5) AND SEVEN
23 DOLLARS AND FIFTY CENTS ($7.50) PER CAPITA.
24 (IV) A LOCAL LIBRARY OR LIBRARY SYSTEM SHALL NOT USE
25 INCENTIVE FOR EXCELLENCE FUNDS TO REDUCE ITS FINANCIAL EFFORT.
26 (2.2) BEGINNING WITH FISCAL YEAR 1999-2000, AND EACH FISCAL
27 YEAR THEREAFTER, TO QUALIFY FOR AID UNDER CLAUSE (2.1) ABOVE,
28 THE LOCAL LIBRARY OR MEMBER LIBRARY WITHIN A LIBRARY SYSTEM MUST
29 MEET THE FOLLOWING MINIMUM STANDARDS:
30 (I) EXPEND NO LESS THAN TWELVE PERCENT (12%) OF THE TOTAL
19990H0017B1719 - 54 -
1 OPERATING BUDGET OF THE LIBRARY ON MATERIALS. A LOCAL LIBRARY OR
2 MEMBER LIBRARY WITHIN A LIBRARY SYSTEM THAT EXPENDS MORE THAN
3 TWELVE PERCENT (12%) IN THE YEAR IN WHICH IT QUALIFIED FOR
4 INCENTIVE FOR EXCELLENCE AID SHALL INCREASE THE TOTAL AMOUNT
5 EXPENDED ON COLLECTION EACH SUCCEEDING YEAR BY NO LESS THAN FIVE
6 PERCENT (5%) OR THE PERCENTAGE INCREASE IN THE APPROPRIATION FOR
7 IMPROVEMENT OF LIBRARY SERVICES, WHICHEVER IS LESS.
8 (II) BE OPEN FOR FULL SERVICES AT LEAST FORTY-FIVE HOURS PER
9 WEEK WITH AT LEAST SEVEN OF THESE HOURS DURING THE WEEKEND
10 PERIOD BEGINNING ON SATURDAY AND ENDING ON SUNDAY. A LOCAL
11 LIBRARY OR MEMBER LIBRARY WITHIN A LIBRARY SYSTEM SERVING A
12 POPULATION BELOW SEVEN THOUSAND (7,000) SHALL BE OPEN AT LEAST
13 THIRTY-FIVE HOURS PER WEEK WITH AT LEAST SEVEN OF THESE HOURS
14 DURING THE WEEKEND PERIOD BEGINNING ON SATURDAY AND ENDING ON
15 SUNDAY. LIBRARIES MAY REDUCE WEEKEND HOURS TO FOUR HOURS FOR TEN
16 WEEKS PER YEAR DURING PERIODS WHEN COMMUNITY USE PATTERNS
17 WARRANT.
18 (III) REQUIRE AT LEAST SIX HOURS OF CONTINUING EDUCATION
19 EVERY TWO YEARS FOR PAID STAFF WORKING AT LEAST TWENTY HOURS PER
20 WEEK, IN DIRECT SUPPORT OF THE LIBRARY SERVICE.
21 (3) COUNTY LIBRARIES. [TEN] FOR ELIGIBLE FISCAL YEARS UP TO
22 AND THROUGH THE 1998-1999 FISCAL YEAR, TEN PERCENT (10%) OF THE
23 COMMONWEALTH'S TOTAL ANNUAL APPROPRIATION FOR THE SYSTEM OF
24 STATE-AID ESTABLISHED BY SECTION 301 SHALL BE ALLOCATED AS AID
25 TO COUNTY LIBRARIES. FOR FISCAL YEAR 1999-2000 AND EACH FISCAL
26 YEAR THEREAFTER, AID TO COUNTY LIBRARIES SHALL BE ALLOCATED FROM
27 A HOLD HARMLESS AMOUNT TO EQUAL THAT AMOUNT ALLOCATED FOR AID TO
28 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
19990H0017B1719 - 55 -
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 CLAUSE.
7 IN THE CASE OF A COUNTY LIBRARY OF A SECOND, SECOND A, THIRD,
8 FOURTH, FIFTH, SIXTH, SEVENTH OR EIGHTH CLASS COUNTY, STATE-AID
9 SHALL BE GIVEN IN AN AMOUNT MEASURED BY THE AMOUNT APPROPRIATED
10 BY THE COUNTY GOVERNMENT FROM COUNTY MONEYS, EITHER FROM THE
11 GENERAL FUND OR A SPECIAL LIBRARY TAX OR OTHER SOURCES, FOR THE
12 SUPPORT AND MAINTENANCE OF THE COUNTY LIBRARY, AND SHALL BE
13 DETERMINED AS FOLLOWS:
14 PERCENTAGE OF AID CALCULATED
15 CLASS OF COUNTY ON COUNTY APPROPRIATION
16 2 15%
17 2A AND 3 20%
18 4 25%
19 5 33%
20 6 50%
21 7 75%
22 8 125%
23 THE AMOUNT TO BE PAID BY THE COMMONWEALTH FOR THE MAINTENANCE
24 OF ANY COUNTY LIBRARY THAT QUALIFIES UNDER THIS CLAUSE SHALL, IN
25 ANY YEAR, BE NOT LESS THAN EIGHT THOUSAND DOLLARS ($8,000)
26 WHENEVER THE APPLICABLE PERCENTAGE OF AID CALCULATED ON THE
27 COUNTY GOVERNMENT'S APPROPRIATION AMOUNTS TO MORE THAN EIGHT
28 THOUSAND DOLLARS ($8,000). IF THE APPLICABLE PERCENTAGE OF AID
29 CALCULATED ON THE COUNTY GOVERNMENT'S APPROPRIATION AMOUNTS TO
30 LESS THAN EIGHT THOUSAND DOLLARS ($8,000), THEN THE COUNTY
19990H0017B1719 - 56 -
1 LIBRARY SHALL RECEIVE SUCH LESSER AMOUNT. IF THE ALLOCATION FOR
2 THIS CATEGORY OF AID IS LESS THAN THE TOTAL AMOUNT FOR WHICH ALL
3 COUNTY LIBRARIES QUALIFY, THE LIBRARIES SHALL BE PAID THE
4 MINIMUM AMOUNT OF EIGHT THOUSAND DOLLARS ($8,000) OR SUCH LESSER
5 AMOUNT AS MAY BE NECESSARY. IF THE ALLOCATION IS GREATER THAN
6 THE TOTAL AMOUNT OF AID FOR WHICH COUNTY LIBRARIES QUALIFY, THE
7 BALANCE SHALL BE ADDED TO THE AMOUNT OF AID TO BE DISTRIBUTED
8 UNDER CLAUSE (7) OF THIS SUBSECTION. A REPORT OF THE EXPENDITURE
9 OF SUCH STATE MONEYS SHALL BE MADE ANNUALLY TO THE COUNTY
10 GOVERNMENT AND THE STATE LIBRARIAN IN SUCH FORM AS MAY BE
11 REQUIRED. COUNTY LIBRARIES MAY ALSO APPLY FOR ADDITIONAL AMOUNTS
12 OF STATE-AID UNDER CLAUSES [(1) AND (2)] (1.1) AND (1.2) ABOVE,
13 AND CLAUSE (7) FOLLOWING.
14 PAYMENT OF AID TO COUNTY LIBRARIES SHALL BE MADE TO THE BOARD
15 OF LIBRARY DIRECTORS IN CHARGE OF EACH QUALIFYING LIBRARY.
16 (4) DISTRICT LIBRARY CENTERS. [THIRTY] FOR ELIGIBLE FISCAL
17 YEARS UP TO AND THROUGH THE 1998-1999 FISCAL YEAR, THIRTY
18 PERCENT (30%) OF THE COMMONWEALTH'S TOTAL ANNUAL APPROPRIATION
19 FOR THE SYSTEM OF STATE-AID ESTABLISHED BY SECTION 301, OR A
20 MINIMUM OF TWENTY-FIVE CENTS (25¢) PER CAPITA, SHALL BE
21 ALLOCATED AS AID FOR DISTRICT LIBRARY CENTERS. FOR FISCAL YEAR
22 1999-2000 AND EACH FISCAL YEAR THEREAFTER, AID TO DISTRICT
23 LIBRARY CENTERS SHALL BE ALLOCATED FROM A HOLD HARMLESS AMOUNT
24 TO EQUAL THAT AMOUNT ALLOCATED FOR AID TO 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
29 DISTRICT LIBRARY CENTERS SHALL BE SPECIFIED AS AN ANNUAL
30 SUPPLEMENT IN THE COMMONWEALTH'S ANNUAL APPROPRIATION FOR GRANTS
19990H0017B1719 - 57 -
1 TO LOCAL LIBRARIES AND LIBRARY SYSTEMS WITHIN THE GENERAL
2 APPROPRIATIONS ACT FOR THAT FISCAL YEAR. FUNDS ALLOCATED FOR
3 DISTRICT LIBRARY CENTERS SHALL BE DISTRIBUTED ACCORDING TO THE
4 PROVISIONS OF THIS CLAUSE.
5 ANY LIBRARY DESIGNATED BY THE STATE LIBRARIAN TO SERVE AS A
6 DISTRICT LIBRARY CENTER SHALL QUALIFY FOR AN ADDITIONAL AMOUNT
7 OF STATE-AID. THE RATE OF AID SHALL BE DETERMINED BY DIVIDING
8 THE TOTAL AMOUNT ALLOCATED FOR DISTRICT LIBRARY CENTERS BY THE
9 TOTAL POPULATION OF THE STATE, BUT IN NO YEAR SHALL THAT RATE BE
10 LESS THAN TWENTY-FIVE CENTS (25C) PER CAPITA. THE AMOUNT OF AID
11 TO BE PAID EACH DISTRICT LIBRARY CENTER SHALL BE DETERMINED BY
12 MULTIPLYING THE PER CAPITA RATE BY THE NUMBER OF PERSONS
13 RESIDING IN THE DISTRICT.
14 (5) REGIONAL LIBRARY RESOURCE CENTERS. [FIVE] FOR ELIGIBLE
15 FISCAL YEARS UP TO AND THROUGH THE 1998-1999 FISCAL YEAR, FIVE
16 PERCENT (5%) OF THE COMMONWEALTH'S ANNUAL APPROPRIATION FOR THE
17 SYSTEM OF STATE-AID ESTABLISHED BY SECTION 301 SHALL BE
18 ALLOCATED FOR AID TO REGIONAL LIBRARY RESOURCE CENTERS.
19 ANY LIBRARY DESIGNATED BY THE STATE LIBRARIAN TO SERVE AS A
20 REGIONAL LIBRARY RESOURCE CENTER, SHALL QUALIFY FOR ADDITIONAL
21 STATE-AID. THE ALLOCATION SHALL BE DIVIDED EQUALLY AMONG THE
22 LIBRARIES SO DESIGNATED, BUT IN NO YEAR SHALL THE AMOUNT BE LESS
23 THAN ONE HUNDRED THOUSAND DOLLARS ($100,000) PER DESIGNATED
24 LIBRARY. FOR FISCAL YEAR 1999-2000 AND EACH FISCAL YEAR
25 THEREAFTER, AID TO REGIONAL LIBRARY RESOURCE CENTERS SHALL BE
26 ALLOCATED FROM A HOLD HARMLESS AMOUNT TO EQUAL THAT AMOUNT
27 ALLOCATED FOR AID TO REGIONAL LIBRARY RESOURCE CENTERS FOR
28 FISCAL YEAR 1998-1999 FROM THE AMOUNT ALLOCATED FROM THE
29 COMMONWEALTH'S ANNUAL APPROPRIATION FOR GRANTS TO LOCAL
30 LIBRARIES AND LIBRARY SYSTEMS. FOR FISCAL YEARS SUBSEQUENT TO
19990H0017B1719 - 58 -
1 1999-2000, ANY INCREASE OVER THE HOLD HARMLESS AMOUNT FOR
2 REGIONAL LIBRARY RESOURCE CENTERS SHALL BE SPECIFIED AS AN
3 ANNUAL SUPPLEMENT IN THE COMMONWEALTH'S ANNUAL APPROPRIATION FOR
4 GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS WITHIN THE GENERAL
5 APPROPRIATIONS ACT FOR THAT FISCAL YEAR. FUNDS ALLOCATED FOR
6 REGIONAL LIBRARY RESOURCE CENTERS SHALL BE DISTRIBUTED ACCORDING
7 TO THE PROVISIONS OF THIS CLAUSE.
8 (6) EQUALIZATION AID. BEGINNING IN THE 1985-1986 FISCAL
9 YEAR AND THROUGH THE 1998-1999 FISCAL YEAR, IN EACH YEAR THAT
10 THE COMMONWEALTH'S TOTAL ANNUAL APPROPRIATION FOR THE SYSTEM OF
11 STATE-AID ESTABLISHED BY SECTION 301 EQUALS OR EXCEEDS SEVENTEEN
12 MILLION FIVE HUNDRED THOUSAND DOLLARS ($17,500,000), TWO AND
13 THREE-QUARTERS PERCENT (2.75%) OF SAID APPROPRIATION SHALL FIRST
14 BE ALLOCATED AS EQUALIZATION AID.
15 ANY LOCAL LIBRARY OR LIBRARY SYSTEM WHICH ACHIEVES OR EXCEEDS
16 APPLICABLE BASIC STANDARDS, MAINTAINS OR EXCEEDS ITS FINANCIAL
17 EFFORT OF THE PRECEDING YEAR AND IS SUPPORTED BY A MUNICIPALITY
18 THAT IS ECONOMICALLY DISTRESSED BY ANY ONE OR MORE OF THE
19 FOLLOWING CRITERIA SHALL QUALIFY FOR EQUALIZATION AID. FOR
20 PURPOSES OF DETERMINING ELIGIBILITY FOR EQUALIZATION AID, AN
21 ECONOMICALLY DISTRESSED MUNICIPALITY SHALL BE: (I) A CITY,
22 BOROUGH, TOWN OR TOWNSHIP HAVING A MARKET VALUE PER CAPITA BELOW
23 THE FIFTH PERCENTILE OF ALL SUCH CITIES, BOROUGHS, TOWNS AND
24 TOWNSHIPS, AS CERTIFIED ANNUALLY BY THE STATE TAX EQUALIZATION
25 BOARD; (II) LOCATED IN A COUNTY HAVING A PERSONAL INCOME PER
26 CAPITA BELOW THE FIFTEENTH PERCENTILE OF ALL COUNTIES, AS
27 CERTIFIED ANNUALLY BY THE DEPARTMENT OF REVENUE; OR (III)
28 LOCATED IN A COUNTY HAVING AN ANNUAL AVERAGE UNEMPLOYMENT RATE
29 ABOVE THE SEVENTIETH PERCENTILE OF ALL COUNTIES, AS DETERMINED
30 ANNUALLY BY THE DEPARTMENT OF LABOR AND INDUSTRY. POPULATION
19990H0017B1719 - 59 -
1 DATA TO BE USED FOR DETERMINING MARKET VALUE PER CAPITA AND
2 PERSONAL INCOME PER CAPITA, AS PROVIDED FOR IN THIS CLAUSE,
3 SHALL BE THE LATEST AVAILABLE DATA FROM THE FEDERAL BUREAU OF
4 CENSUS FOR THE DIRECT SERVICE AREA OF THE LOCAL LIBRARY OR
5 LIBRARY SYSTEM.
6 IN THE CASE OF A LIBRARY OR LIBRARY SYSTEM THAT IS SUPPORTED
7 BY AN ECONOMICALLY DISTRESSED MUNICIPALITY BUT THAT FAILS TO
8 MAINTAIN OR EXCEED ITS FINANCIAL EFFORT OF THE PRECEDING YEAR,
9 THE LIBRARY MAY STILL QUALIFY FOR EQUALIZATION AID IF THE STATE
10 LIBRARIAN ACCEPTS EVIDENCE THAT THE LIBRARY OR MUNICIPALITY DID
11 NOT ATTEMPT TO SUBSTITUTE STATE FUNDS FOR LOCAL EFFORT.
12 BEGINNING IN THE 1985-1986 FISCAL YEAR, TWENTY PERCENT (20%)
13 OF THE ANNUAL ALLOCATION FOR EQUALIZATION AID SHALL FIRST BE
14 DISTRIBUTED IN EQUAL AMOUNTS TO ALL LOCAL LIBRARIES AND MEMBERS
15 OF LIBRARY SYSTEMS WHICH QUALIFY FOR SUCH AID, AS DETERMINED IN
16 ACCORDANCE WITH THE PROVISIONS OF THIS CLAUSE. THE REMAINDER OF
17 THE ANNUAL ALLOCATION SHALL BE DISTRIBUTED ON A PER CAPITA BASIS
18 TO EACH LOCAL LIBRARY AND LIBRARY SYSTEM WHICH QUALIFIES FOR
19 SUCH AID, AS DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF
20 THIS CLAUSE, BY DIVIDING THE NUMBER OF PERSONS RESIDING IN THE
21 DIRECT SERVICE AREA OF EACH SUCH LOCAL LIBRARY OR LIBRARY SYSTEM
22 BY THE TOTAL NUMBER OF SUCH PERSONS RESIDING IN THE DIRECT
23 SERVICE AREAS OF ALL QUALIFYING LOCAL LIBRARIES OR LIBRARY
24 SYSTEMS, AND MULTIPLYING THE RESULT BY THE AMOUNT OF THE
25 ALLOCATION TO BE DISTRIBUTED ON A PER CAPITA BASIS.
26 NO LOCAL LIBRARY OR LIBRARY SYSTEM SHALL, AS A RESULT OF THE
27 PROVISIONS OF THIS CLAUSE, RECEIVE IN ANY YEAR MORE THAN ONE-
28 THIRD OF THE TOTAL ANNUAL APPROPRIATION FOR EQUALIZATION AID.
29 DURING THE 1985-1986 FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER
30 THAT THE COMMONWEALTH'S TOTAL ANNUAL APPROPRIATION FOR THE
19990H0017B1719 - 60 -
1 SYSTEM OF STATE-AID ESTABLISHED BY SECTION 301 EXCEEDS SEVENTEEN
2 MILLION FIVE HUNDRED THOUSAND DOLLARS ($17,500,000), NO LOCAL
3 LIBRARY OR LIBRARY SYSTEM SHALL RECEIVE LESS EQUALIZATION AID AS
4 A RESULT OF THE PROVISIONS OF THIS CLAUSE THAN SUCH LOCAL
5 LIBRARY OR LIBRARY SYSTEM RECEIVED FOR EQUALIZATION AID DURING
6 THE 1984-1985 FISCAL YEAR. FOR FISCAL YEAR 1999-2000 AND EACH
7 FISCAL YEAR THEREAFTER, EQUALIZATION AID SHALL BE ALLOCATED FROM
8 A HOLD HARMLESS AMOUNT TO EQUAL THAT AMOUNT ALLOCATED FOR
9 EQUALIZATION AID FOR FISCAL YEAR 1998-1999 FROM THE AMOUNT
10 ALLOCATED FROM THE COMMONWEALTH'S ANNUAL APPROPRIATION FOR
11 GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS. FOR FISCAL YEARS
12 SUBSEQUENT TO 1999-2000, ANY INCREASE OVER THE HOLD HARMLESS
13 AMOUNT FOR EQUALIZATION AID SHALL BE SPECIFIED AS AN ANNUAL
14 SUPPLEMENT IN THE COMMONWEALTH'S ANNUAL APPROPRIATION FOR GRANTS
15 TO LOCAL LIBRARIES AND LIBRARY SYSTEMS WITHIN THE GENERAL
16 APPROPRIATIONS ACT FOR THAT FISCAL YEAR. FUNDS ALLOCATED FOR
17 EQUALIZATION AID SHALL BE DISTRIBUTED ACCORDING TO THE
18 PROVISIONS OF THIS CLAUSE.
19 (7) EQUAL DISTRIBUTION GRANTS TO LOCAL LIBRARIES AND LIBRARY
20 SYSTEMS AND CERTAIN DISTRICT LIBRARY CENTERS. [FIVE] FOR
21 ELIGIBLE FISCAL YEARS UP TO AND THROUGH THE 1998-1999 FISCAL
22 YEAR, FIVE PERCENT (5%) OF THE COMMONWEALTH'S ANNUAL
23 APPROPRIATION FOR THE SYSTEM OF STATE-AID ESTABLISHED BY SECTION
24 301, AND ALL FUNDS TRANSFERRED FROM THE COUNTY LIBRARY
25 ALLOCATION AFTER THE COUNTY LIBRARIES HAVE BEEN PAID THE TOTAL
26 AMOUNTS FOR WHICH THEY QUALIFY, SHALL BE ALLOCATED AS
27 HEREINAFTER PROVIDED: (I) FIVE CENTS (5¢) PER CAPITA FOR EACH
28 PERSON RESIDING IN THE ENTIRE DISTRICT FOR EACH DISTRICT LIBRARY
29 CENTER WHICH HAS A POPULATION IN ITS DIRECT SERVICE AREA AS A
30 LOCAL OR COUNTY LIBRARY WHICH IS TWELVE PERCENT (12%) OR LESS OF
19990H0017B1719 - 61 -
1 THE POPULATION OF THE ENTIRE DESIGNATED DIRECT SERVICE AREA;
2 (II) THE BALANCE AS EQUAL GRANTS TO LOCAL LIBRARIES AND LIBRARY
3 SYSTEMS WHICH QUALIFY FOR AID UNDER CLAUSE (1) ABOVE. THESE
4 GRANTS SHALL BE DETERMINED BY DIVIDING THE TOTAL AMOUNT OF MONEY
5 ALLOCATED BY THE NUMBER OF LOCAL LIBRARIES, BRANCH LIBRARIES AND
6 BOOKMOBILES IN THE COMMONWEALTH WHICH ACHIEVE OR EXCEED THE
7 APPLICABLE BASIC STANDARDS. EACH LIBRARY SYSTEM SHALL RECEIVE AN
8 EQUAL GRANT FOR EACH QUALIFYING MEMBER LOCAL LIBRARY, BRANCH
9 LIBRARY AND BOOKMOBILE. EACH LOCAL LIBRARY SHALL RECEIVE AN
10 EQUAL GRANT FOR THE CENTRAL LIBRARY AND EACH QUALIFYING BRANCH
11 LIBRARY AND BOOKMOBILE. FOR FISCAL YEAR 1999-2000 AND EACH
12 FISCAL YEAR THEREAFTER, EQUAL DISTRIBUTION GRANTS TO LOCAL
13 LIBRARIES AND LIBRARY SYSTEMS AND CERTAIN DISTRICT LIBRARY
14 CENTERS SHALL BE ALLOCATED FROM A HOLD HARMLESS AMOUNT TO EQUAL
15 THAT AMOUNT ALLOCATED FOR EQUAL DISTRIBUTION GRANTS TO LOCAL
16 LIBRARIES AND LIBRARY SYSTEMS AND CERTAIN DISTRICT LIBRARY
17 CENTERS FOR FISCAL YEAR 1998-1999 FROM THE AMOUNT ALLOCATED FROM
18 THE COMMONWEALTH'S ANNUAL APPROPRIATION FOR GRANTS TO LOCAL
19 LIBRARIES AND LIBRARY SYSTEMS. FOR FISCAL YEARS SUBSEQUENT TO
20 1999-2000, ANY INCREASE OVER THE HOLD HARMLESS AMOUNT FOR EQUAL
21 DISTRIBUTION GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS AND
22 CERTAIN DISTRICT LIBRARY CENTERS SHALL BE SPECIFIED AS AN ANNUAL
23 SUPPLEMENT IN THE COMMONWEALTH'S ANNUAL APPROPRIATION FOR GRANTS
24 TO LOCAL LIBRARIES AND LIBRARY SYSTEMS WITHIN THE GENERAL
25 APPROPRIATIONS ACT FOR THAT FISCAL YEAR. FUNDS ALLOCATED FOR
26 EQUAL DISTRIBUTION GRANTS TO LOCAL LIBRARIES AND LIBRARY SYSTEMS
27 AND CERTAIN DISTRICT LIBRARY CENTERS SHALL BE DISTRIBUTED
28 ACCORDING TO THE PROVISIONS OF THIS CLAUSE.
29 (C) IN ANY FISCAL YEAR IN WHICH THE COMMONWEALTH'S ANNUAL
30 APPROPRIATION FOR GRANTS TO PUBLIC LIBRARIES AND LIBRARY SYSTEMS
19990H0017B1719 - 62 -
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) IF NECESSARY, THE DEPARTMENT OF EDUCATION MAY TRANSFER
6 FUNDS AMONG THE ALLOCATIONS LISTED IN CLAUSES (1.1), (2.1), (3),
7 (4), (5), (6) AND (7) OF SUBSECTION (B), PROVIDED THAT THE
8 AGGREGATE AMOUNT TRANSFERRED INTO OR OUT OF EACH ALLOCATION
9 DURING A FISCAL YEAR SHALL NOT EXCEED FIVE PERCENT (5%) OF THE
10 AMOUNT SPECIFICALLY ALLOCATED FOR THAT CLAUSE.
11 SECTION 3. SECTION 304 OF THE ACT IS AMENDED BY ADDING A
12 SUBSECTION TO READ:
13 SECTION 304. STATE LIBRARIAN TO APPROVE PLANS; DISTRICT
14 LIBRARY CENTER COOPERATIVE PROGRAM; REFERENDUM.--* * *
15 (D) NO LOCAL LIBRARY OR LIBRARY SYSTEM PLAN FOR THE USE OF
16 INCENTIVE FOR EXCELLENCE FUNDS SHALL BE APPROVED IF IT PROJECTS
17 A DECREASE IN LOCAL GOVERNMENT SUPPORT FOR NORMAL, RECURRING,
18 OPERATING COSTS FROM A PREVIOUS LEVEL UNLESS THE STATE LIBRARIAN
19 DETERMINES THAT THE DECREASE IS DIRECTLY ATTRIBUTABLE TO A GIFT
20 OR ENDOWMENT TO A LIBRARY OR THAT THERE IS A SUBSTANTIAL
21 DECREASE IN THE FINANCIAL ABILITY OF THE MUNICIPALITY ON BEHALF
22 OF WHICH THE LIBRARY OR LIBRARY SYSTEM APPLIED FOR AID.
23 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
24 SECTION 305. IMPLEMENTATION SCHEDULE.--(A) IF A LIBRARY OR
25 LIBRARY SYSTEM APPLYING FOR STATE-AID IN 1999-2000 FAILS TO
26 COMPLY WITH THE STANDARDS UNDER SECTION 303, THE LIBRARY OR
27 LIBRARY SYSTEM SHALL NOT BE ELIGIBLE FOR FUNDS UNDER THAT
28 SECTION.
29 (B) THE STATE LIBRARIAN MAY GRANT AN EXTENSION OF TIME TO
30 MEET THE STANDARDS UNDER SECTION 303 (B)(1.2) AND (2.2) IF:
19990H0017B1719 - 63 -
1 (1) THE LIBRARY OR LIBRARY SYSTEM IS FINANCIALLY UNABLE TO
2 COMPLY AT THE TIME OF PAYMENT; OR
3 (2) A PLAN IS ACCEPTED BY THE STATE LIBRARIAN INDICATING HOW
4 THE LIBRARY OR LIBRARY SYSTEM WILL COMPLY, TO INCLUDE SPECIFICS
5 REGARDING BUDGET, TIMELINE AND HOW THE LIBRARY IS WORKING IN
6 GOOD FAITH TO ACHIEVE THE STANDARDS.
7 (C) AN EXTENSION BY THE STATE LIBRARIAN SHALL CONTINUE UNTIL
8 THE TIME OF THE SUBMISSION OF THE 2000-2001 PLAN FOR USE OF
9 STATE FUNDS UNDER THIS ACT.
10 SECTION 5. THIS ACT SHALL TAKE EFFECT JULY 1, 1999, OR
11 IMMEDIATELY, WHICHEVER IS LATER.
A20L24BIL/19990H0017B1719 - 64 -