PRIOR PRINTER'S NOS. 676, 1719 PRINTER'S NO. 1897
No. 17 Session of 1999
INTRODUCED BY STEVENSON, WILLIAMS, GEIST, FAIRCHILD, GORDNER,
CALTAGIRONE, ORIE, LAUGHLIN, CORNELL, FEESE, ROBINSON,
KAISER, FARGO, READSHAW, WALKO, BATTISTO, MARKOSEK, HERMAN,
PETRONE, FICHTER, GEORGE, MANDERINO, ROSS, RUBLEY, VANCE,
NAILOR, HENNESSEY, PLATTS, DRUCE, SEYFERT, BELARDI, MUNDY,
SEMMEL, STERN, SCRIMENTI, ARMSTRONG, TRAVAGLIO, B. SMITH,
McCALL, PETRARCA, ARGALL, BENNINGHOFF, SCHRODER, HERSHEY,
E. Z. TAYLOR, DeLUCA, DAILEY, STAIRS, BAKER, SURRA, RAYMOND,
MICOZZIE, HESS, MASLAND, KENNEY, SAYLOR, ZUG, COLAFELLA,
MANN, DALEY, KREBS, JAMES, SNYDER, S. MILLER, BUNT, WILT,
SOLOBAY, CLYMER, HARHAI, RAMOS, MARSICO, PISTELLA, STABACK,
DALLY, SANTONI, TULLI, MAHER, STETLER, DERMODY, ROEBUCK,
MICHLOVIC, SERAFINI, L. I. COHEN, BROWNE AND FLICK,
MARCH 2, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 7, 1999
AN ACT
1 Amending the act of June 14, 1961 (P.L.324, No.188), entitled
2 "An act relating to the establishment, operation and
3 maintenance of the State Library and public libraries in the
4 Commonwealth; amending, revising, consolidating and changing
5 the laws relating thereto; imposing duties upon public
6 officers; providing for State and local cooperation and
7 assistance in the establishment and maintenance of libraries;
8 prescribing penalties; and repealing existing laws," further
9 providing for State-aid to local libraries and library
10 systems.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 302 of the act of June 14, 1961 (P.L.324,
14 No.188), known as The Library Code, amended December 9, 1980
15 (P.L.1125, No.200), is amended to read:
1 Section 302. Definitions.--As used in this article--
2 (1) "Basic Standards." The basic standards are standards
3 promulgated by the State Librarian and approved by the Advisory
4 Council on Library Development, in compliance with sections
5 201(15) and 303, which must be achieved by a local library to
6 qualify for the State-aid authorized by section 303(1) and (7)
7 and by a branch library or a bookmobile to qualify for the
8 State-aid authorized by section 303(7). The standards shall be
9 those deemed essential to a library, branch or bookmobile for it
10 to fulfill the definition of local library stated in section
11 102(1).
12 (2) "Direct Service Area." The municipality or
13 municipalities to which the governing body of a library is
14 responsible for extending all its library services without
15 charge.
16 (3) "Financial Effort." The sum expended annually by a
17 local library for the establishment, operation and maintenance
18 of library services which derives from local taxes, gifts,
19 endowments and other local sources, as may be provided under
20 rules and regulations adopted by the Advisory Council on Library
21 Development, and which is used to determine eligibility for
22 State-aid.
23 (4) "Financial Effort Equal to One-half Mill." The
24 financial effort equal to one-half mill times the market value
25 of taxable property, as determined by the State Tax Equalization
26 Board, in the municipalities for which aid is claimed or in the
27 direct service area of a local library, whichever is applicable.
28 (5) "Financial Effort Equal to One-quarter Mill." The
29 financial effort equal to one-quarter mill times the market
30 value of taxable property, as determined by the State Tax
19990H0017B1897 - 2 -
1 Equalization Board, in the municipalities for which aid is
2 claimed or in the direct service area of a local library,
3 whichever is applicable.
4 (5.1) "Local Government Support." Support from a
5 municipality within a direct service area for the normal
6 recurring operating costs of a library or a library system
7 serving that direct service area from appropriations, general
8 purpose taxes, special library taxes or direct payment of any
9 library expense. The term shall not include costs of shared
10 services, in-kind costs or employment program costs.
11 (6) "Minimum Standards." Standards promulgated by the State
12 Librarian and approved by the Advisory Council on Library
13 Development, in compliance with sections 201(15) and 303, which
14 must be achieved by a local library or a library system to
15 qualify for aid [authorized by section 303(2)] under section
16 303.
17 (7) "Per Capita." Amounts determined on the basis of either
18 the latest official United States Census report or the
19 population upon which the 1979-1980 State-aid payment was based,
20 whichever is greater. Beginning with the 1999-2000 fiscal year,
21 the term shall mean the most recent official United States
22 Census report for purposes of calculating payment under section
23 303(b)(1.1) and (2.1).
24 (8) "Surplus Financial Effort." The financial effort which
25 is in excess of a financial effort equal to one-half mill on
26 market value in the direct service area or two dollars ($2) per
27 capita for each person residing in the direct service area of
28 the local library, whichever is less.
29 Section 2. Section 303 of the act, amended July 10, 1985
30 (P.L.195, No.50) and June 30, 1989 (P.L.71, No.18), is amended
19990H0017B1897 - 3 -
1 to read:
2 Section 303. State-aid.--(a) Beginning in the 1985-1986
3 fiscal year and through the 1998-1999 fiscal year, in each year
4 that the Commonwealth's total annual appropriation for the
5 system of State-aid established by section 301 equals or exceeds
6 seventeen million five hundred thousand dollars ($17,500,000),
7 two and three-quarters percent (2.75%) of said appropriation
8 shall first be allocated as equalization aid, as provided for in
9 clause (6) of subsection (b) and the remainder of said
10 appropriation shall then be allocated according to the
11 percentages established in clauses (1), (2), (3), (4), (5) and
12 (7) of subsection (b).
13 (b) [Subject to the limitations in subsection (a),] State-
14 aid shall be paid when a library achieves the applicable
15 standards determined by counseling with the State Librarian
16 pursuant to the advice and recommendations of the Advisory
17 Council on Library Development, or submits plans as set forth in
18 section 304 of this act leading to the achievement of such
19 standards, and makes a minimum financial effort as follows,
20 except that no library receiving State-aid prior to and at time
21 of the approval of this act shall receive less State-aid as a
22 result of the provisions hereof notwithstanding that such
23 library has not accepted the provisions of this act:
24 (1) Basic Aid to Local Libraries. [Twenty-five] For
25 eligible fiscal years up to and through the 1998-1999 fiscal
26 year, twenty-five percent (25%) of the Commonwealth's total
27 annual appropriation for the system of State-aid established by
28 section 301, or a minimum of twenty-five cents (25¢) per capita
29 for each person residing in the municipalities of the libraries
30 which qualify for basic aid, shall be allocated as basic aid.
19990H0017B1897 - 4 -
1 Any local library which makes a minimum financial effort
2 equal to one-half mill, for the municipalities on behalf of
3 which it applies for aid, or two dollars ($2) per capita for
4 each person residing in those municipalities, whichever is less
5 and achieves the basic standards, shall qualify for basic State-
6 aid. Such aid shall not be less than twenty-five cents (25¢) for
7 each person residing in the municipalities. However, when the
8 allocation for basic aid exceeds the amount necessary to pay the
9 minimum rate, the entire allocation shall be distributed at a
10 per capita rate which shall be determined by dividing the
11 allocation by the number of persons in the Commonwealth on
12 behalf of which local libraries and library systems apply and
13 qualify for basic aid: Provided, That in the first year in which
14 a library applies for State-aid it shall qualify by making a
15 minimum financial effort equal to one-quarter mill, or one
16 dollar ($1) per capita for each person residing in the
17 municipalities whichever is less.
18 In each of the succeeding five years, such library shall
19 qualify for maximum State-aid only when it increases its
20 financial effort by the following scale of percentages of the
21 difference between the financial effort with which such library
22 initially qualified for State-aid and a financial effort equal
23 to one-half mill, or two dollars ($2) per capita for each person
24 residing in the municipalities for which it applies for aid,
25 whichever is less:
26 1st succeeding year--20 percent,
27 2nd succeeding year--40 percent,
28 3rd succeeding year--60 percent,
29 4th succeeding year--80 percent,
30 5th succeeding year--100 percent.
19990H0017B1897 - 5 -
1 But where the increase in any year is less than the percentage
2 specified above, the amount of State-aid shall be reduced by a
3 percentage equal to one-fifth of the percentage which the
4 difference between the required increase and the actual increase
5 bears to the required increase multiplied by the number of years
6 of participation in State-aid beyond the first year.
7 After the fifth succeeding year, a local library shall not be
8 eligible for further State-aid unless it makes a financial
9 effort equal to one-half mill for the municipalities on behalf
10 of which it applies for aid, or two dollars ($2) per capita for
11 each person residing in those municipalities, whichever is less.
12 (1.1) Quality Libraries Aid.
13 (i) Beginning with fiscal year 1999-2000 and each fiscal
14 year thereafter, qualifying local libraries and library systems
15 shall receive Quality Libraries Aid to be allocated from the sum
16 total of a hold harmless amount plus an annual supplement, both
17 amounts to be derived from the Commonwealth's annual
18 appropriation for grants to local libraries and library systems.
19 The hold harmless amount for Quality Libraries Aid shall be the
20 amount allocated under clause (1) above for Basic Aid to Local
21 Libraries for fiscal year 1998-1999 from the amount allocated
22 from the Commonwealth's annual appropriation for grants to local
23 libraries and library systems. For fiscal year 1999-2000, the
24 annual supplement shall be forty-seven percent (47%) of any
25 increase in the Commonwealth's annual appropriation for grants
26 to local libraries and library systems above the amount
27 appropriated for fiscal year 1998-1999. For subsequent fiscal
28 years, the annual supplement for Quality Libraries Aid shall be
29 specified in the Commonwealth's annual appropriation for grants
30 to local libraries and library systems within the General
19990H0017B1897 - 6 -
1 Appropriations Act for that fiscal year.
2 (ii) Quality Libraries Aid shall be allocated to qualifying
3 local libraries and library systems on a per capita basis in the
4 following manner: The annual allocation of funds available for
5 Quality Libraries Aid shall be divided by the total population
6 on which all libraries and library systems qualify for State-aid
7 to yield a per capita amount of Quality Libraries Aid. The per
8 capita amount of Quality Libraries Aid shall then be multiplied
9 by the total population residing within the municipalities
10 served by a library or library system which qualifies for aid.
11 (iii) To qualify, a local library or library system must
12 make a minimum financial effort of five dollars ($5) per capita
13 for each person residing in the municipalities based on which it
14 qualifies for aid.
15 (iv) Any local library or library system that received
16 State-aid under clause (1) above for fiscal year 1998-1999 shall
17 have up to three years to make the minimum financial effort of
18 five dollars ($5) per capita but must annually for each of those
19 three years increase its minimum financial effort over that made
20 in the preceding fiscal year in order to qualify for Quality
21 Libraries Aid.
22 (v) Any local library or library system that did not receive
23 State-aid under clause (1) above for fiscal year 1998-1999 must
24 make the minimum financial effort of five dollars ($5) per
25 capita in order to qualify for Quality Libraries Aid.
26 (vi) Any local library or library system which applies for
27 State-aid on behalf of an economically distressed municipality
28 as defined in clause (6) of this subsection must expend a
29 minimum of two dollars ($2) per capita for the residents of the
30 municipality.
19990H0017B1897 - 7 -
1 (vii) Except for the population of municipalities considered
2 economically distressed, beginning with fiscal year 2002-2003,
3 all libraries and library systems which received State-aid in
4 fiscal year 1998-1999 must make a minimum financial effort of
5 five dollars ($5) per capita to qualify for Quality Libraries
6 Aid.
7 (1.2) To receive aid under clause (1.1) above, the local
8 library or library system must meet the following minimum
9 standards:
10 (i) Participate in the Access Pennsylvania Statewide Library
11 Card Program.
12 (ii) Lend materials free of charge on a reciprocal basis to
13 all types of libraries in this Commonwealth.
14 (iii) Provide interlibrary loans to residents of the
15 library's direct service area free of charge.
16 (iv) Be open for service at least twenty-six hours per week
17 during hours best-suited to the needs of residents of its
18 service area, to include at least six hours during the weekend
19 period beginning on Saturday and ending on Sunday. Weekend hours
20 may be reduced to four hours during time periods as community-
21 use patterns warrant for ten weeks per year.
22 (v) The library director shall annually attend at least
23 eight hours of continuing education programs approved by the
24 Office of Commonwealth Libraries.
25 (2) Incentive Aid to Local Libraries. [Twenty-five] For
26 eligible fiscal years up to and through the 1998-1999 fiscal
27 year, twenty-five percent (25%) of the Commonwealth's total
28 annual appropriation for the system of State-aid established by
29 section 301, or a minimum of twenty-five cents (25¢) per capita
30 for each person residing in the direct service areas of the
19990H0017B1897 - 8 -
1 libraries which qualify for incentive aid, shall be allocated as
2 incentive aid.
3 Any local library or library system which makes a minimum
4 financial effort equal to one-half mill, or two dollars ($2) per
5 capita for each person residing in its direct service area,
6 whichever is less and fulfills the minimum standards for local
7 libraries or the minimum standards for library systems,
8 whichever is applicable, shall qualify for incentive aid, which
9 shall be in addition to all other amounts of aid provided in
10 this section. Each qualifying library or library system shall
11 receive incentive aid up to fifty cents (50¢) for each one
12 dollar ($1) of surplus financial effort but when fifty cents
13 (50¢) per dollar of surplus financial effort is more than
14 twenty-five cents (25¢) per capita the minimum incentive aid
15 shall be twenty-five cents (25¢) per capita for each person
16 residing in the direct service area. However, if after paying
17 the minimum amount set forth in this clause there is a balance
18 in the allocation, the balance shall be prorated among the
19 libraries and library systems which qualify for a larger amount
20 of aid at the rate of fifty cents (50¢) for each one dollar ($1)
21 of surplus financial effort rather than at the rate of twenty-
22 five cents (25¢) per capita.
23 (2.1) Incentive For Excellence Aid.
24 (i) Beginning with fiscal year 1999-2000 and each fiscal
25 year thereafter, qualifying local libraries and library systems
26 shall receive an Incentive For Excellence Aid to be allocated
27 from the sum total of a hold harmless amount plus an annual
28 supplement, both amounts to be derived from the Commonwealth's
29 annual appropriation for grants to local libraries and library
30 systems. The hold harmless amount for Incentive For Excellence
19990H0017B1897 - 9 -
1 Aid shall be the amount allocated under clause (2) above for
2 Incentive Aid to Local Libraries for fiscal year 1998-1999 from
3 the amount allocated from the Commonwealth's annual
4 appropriation for grants to local libraries and library systems.
5 For fiscal year 1999-2000, the annual supplement shall be fifty-
6 three percent (53%) of any increase in the Commonwealth's annual
7 appropriation for grants to local libraries and library systems
8 above the amount appropriated for fiscal year 1998-1999. For
9 subsequent fiscal years, the annual supplement for Incentive For
10 Excellence Aid shall be specified in the Commonwealth's annual
11 appropriation for grants to local libraries and library systems
12 within the General Appropriations Act for that fiscal year.
13 (ii) To qualify, a local library or library system must make
14 a financial effort greater than five dollars ($5) per capita for
15 each person residing in the municipalities on behalf of which it
16 applies for aid and meet the minimum standards for local
17 libraries or library systems standards.
18 (iii) Incentive For Excellence Aid shall be allocated to
19 local libraries and library systems in the following manner: The
20 annual allocation of funds available for Incentive For
21 Excellence Aid shall be allocated proportionately to qualifying
22 local libraries or library systems for each one dollar ($1) per
23 capita or portion thereof a local library or library system
24 shows in financial effort between five dollars ($5) and seven
25 dollars and fifty cents ($7.50) per capita.
26 (iv) A local library or library system shall not use
27 Incentive For Excellence funds to reduce its financial effort.
28 (2.2) Beginning with fiscal year 1999-2000, and each fiscal
29 year thereafter, to qualify for aid under clause (2.1) above,
30 the local library or member library within a library system must
19990H0017B1897 - 10 -
1 meet the following minimum standards:
2 (i) Expend no less than twelve percent (12%) of the total
3 operating budget of the library on materials. A local library or
4 member library within a library system that expends more than
5 twelve percent (12%) in the year in which it qualified for
6 Incentive for Excellence Aid shall increase the total amount
7 expended on collection each succeeding year by no less than five
8 percent (5%) or the percentage increase in the appropriation for
9 Improvement of Library Services, whichever is less.
10 (ii) Be open for full services at least forty-five hours per
11 week with at least seven of these hours during the weekend
12 period beginning on Saturday and ending on Sunday. A local
13 library or member library within a library system serving a
14 population below seven thousand (7,000) shall be open at least
15 thirty-five hours per week with at least seven of these hours
16 during the weekend period beginning on Saturday and ending on
17 Sunday. Libraries may reduce weekend hours to four hours for ten
18 weeks per year during periods when community use patterns
19 warrant. A LOCAL LIBRARY OR MEMBER LIBRARY WITHIN A LIBRARY <--
20 SYSTEM MAY REDUCE TOTAL WEEKLY HOURS BY THREE HOURS PER WEEK
21 DURING THE TEN-WEEK PERIOD OF REDUCED SATURDAY AND SUNDAY HOURS
22 IF APPROVED BY THE STATE LIBRARIAN.
23 (iii) Require at least six hours of continuing education
24 every two years for paid staff working at least twenty hours per
25 week, in direct support of the library service.
26 (3) County Libraries. [Ten] For eligible fiscal years up to
27 and through the 1998-1999 fiscal year, ten percent (10%) of the
28 Commonwealth's total annual appropriation for the system of
29 State-aid established by section 301 shall be allocated as aid
30 to county libraries. For fiscal year 1999-2000 and each fiscal
19990H0017B1897 - 11 -
1 year thereafter, aid to county libraries shall be allocated from
2 a hold harmless amount to equal that amount allocated for aid to
3 county libraries for fiscal year 1998-1999 from the
4 Commonwealth's annual appropriation for grants to local
5 libraries and library systems. For fiscal years subsequent to
6 1999-2000, any increase over the hold harmless amount for county
7 libraries shall be specified as an annual supplement in the
8 Commonwealth's annual appropriation for grants to local
9 libraries and library systems within the General Appropriations
10 Act for that fiscal year. Funds allocated for county libraries
11 shall be distributed according to the provisions of this clause.
12 In the case of a county library of a second, second A, third,
13 fourth, fifth, sixth, seventh or eighth class county, State-aid
14 shall be given in an amount measured by the amount appropriated
15 by the county government from county moneys, either from the
16 General Fund or a special library tax or other sources, for the
17 support and maintenance of the county library, and shall be
18 determined as follows:
19 Percentage of Aid Calculated
20 Class of County on County Appropriation
21 2 15%
22 2A and 3 20%
23 4 25%
24 5 33%
25 6 50%
26 7 75%
27 8 125%
28 The amount to be paid by the Commonwealth for the maintenance
29 of any county library that qualifies under this clause shall, in
30 any year, be not less than eight thousand dollars ($8,000)
19990H0017B1897 - 12 -
1 whenever the applicable percentage of aid calculated on the
2 county government's appropriation amounts to more than eight
3 thousand dollars ($8,000). If the applicable percentage of aid
4 calculated on the county government's appropriation amounts to
5 less than eight thousand dollars ($8,000), then the county
6 library shall receive such lesser amount. If the allocation for
7 this category of aid is less than the total amount for which all
8 county libraries qualify, the libraries shall be paid the
9 minimum amount of eight thousand dollars ($8,000) or such lesser
10 amount as may be necessary. If the allocation is greater than
11 the total amount of aid for which county libraries qualify, the
12 balance shall be added to the amount of aid to be distributed
13 under clause (7) of this subsection. A report of the expenditure
14 of such State moneys shall be made annually to the county
15 government and the State Librarian in such form as may be
16 required. County libraries may also apply for additional amounts
17 of State-aid under clauses [(1) and (2)] (1.1) and (1.2) above,
18 and clause (7) following.
19 Payment of aid to county libraries shall be made to the board
20 of library directors in charge of each qualifying library.
21 (4) District Library Centers. [Thirty] For eligible fiscal
22 years up to and through the 1998-1999 fiscal year, thirty
23 percent (30%) of the Commonwealth's total annual appropriation
24 for the system of State-aid established by section 301, or a
25 minimum of twenty-five cents (25¢) per capita, shall be
26 allocated as aid for district library centers. For fiscal year
27 1999-2000 and each fiscal year thereafter, aid to District
28 Library Centers shall be allocated from a hold harmless amount
29 to equal that amount allocated for aid to District Library
30 Centers for fiscal year 1998-1999 from the amount allocated from
19990H0017B1897 - 13 -
1 the Commonwealth's annual appropriation for grants to local
2 libraries and library systems. For fiscal years subsequent to
3 1999-2000, any increase over the hold harmless amount for
4 District Library Centers shall be specified as an annual
5 supplement in the Commonwealth's annual appropriation for grants
6 to local libraries and library systems within the General
7 Appropriations Act for that fiscal year. Funds allocated for
8 District Library Centers shall be distributed according to the
9 provisions of this clause.
10 Any library designated by the State Librarian to serve as a
11 district library center shall qualify for an additional amount
12 of State-aid. The rate of aid shall be determined by dividing
13 the total amount allocated for district library centers by the
14 total population of the State, but in no year shall that rate be
15 less than twenty-five cents (25c) per capita. The amount of aid
16 to be paid each district library center shall be determined by
17 multiplying the per capita rate by the number of persons
18 residing in the district.
19 (5) Regional Library Resource Centers. [Five] For eligible
20 fiscal years up to and through the 1998-1999 fiscal year, five
21 percent (5%) of the Commonwealth's annual appropriation for the
22 system of State-aid established by section 301 shall be
23 allocated for aid to regional library resource centers.
24 Any library designated by the State Librarian to serve as a
25 regional library resource center, shall qualify for additional
26 State-aid. The allocation shall be divided equally among the
27 libraries so designated, but in no year shall the amount be less
28 than one hundred thousand dollars ($100,000) per designated
29 library. For fiscal year 1999-2000 and each fiscal year
30 thereafter, aid to Regional Library Resource Centers shall be
19990H0017B1897 - 14 -
1 allocated from a hold harmless amount to equal that amount
2 allocated for aid to Regional Library Resource Centers for
3 fiscal year 1998-1999 from the amount allocated from the
4 Commonwealth's annual appropriation for grants to local
5 libraries and library systems. For fiscal years subsequent to
6 1999-2000, any increase over the hold harmless amount for
7 Regional Library Resource Centers shall be specified as an
8 annual supplement in the Commonwealth's annual appropriation for
9 grants to local libraries and library systems within the General
10 Appropriations Act for that fiscal year. Funds allocated for
11 Regional Library Resource Centers shall be distributed according
12 to the provisions of this clause.
13 (6) Equalization Aid. Beginning in the 1985-1986 fiscal
14 year and through the 1998-1999 fiscal year, in each year that
15 the Commonwealth's total annual appropriation for the system of
16 State-aid established by section 301 equals or exceeds seventeen
17 million five hundred thousand dollars ($17,500,000), two and
18 three-quarters percent (2.75%) of said appropriation shall first
19 be allocated as equalization aid.
20 Any local library or library system which achieves or exceeds
21 applicable basic standards, maintains or exceeds its financial
22 effort of the preceding year and is supported by a municipality
23 that is economically distressed by any one or more of the
24 following criteria shall qualify for equalization aid. For
25 purposes of determining eligibility for equalization aid, an
26 economically distressed municipality shall be: (i) a city,
27 borough, town or township having a market value per capita below
28 the fifth percentile of all such cities, boroughs, towns and
29 townships, as certified annually by the State Tax Equalization
30 Board; (ii) located in a county having a personal income per
19990H0017B1897 - 15 -
1 capita below the fifteenth percentile of all counties, as
2 certified annually by the Department of Revenue; or (iii)
3 located in a county having an annual average unemployment rate
4 above the seventieth percentile of all counties, as determined
5 annually by the Department of Labor and Industry. Population
6 data to be used for determining market value per capita and
7 personal income per capita, as provided for in this clause,
8 shall be the latest available data from the Federal Bureau of
9 Census for the direct service area of the local library or
10 library system.
11 In the case of a library or library system that is supported
12 by an economically distressed municipality but that fails to
13 maintain or exceed its financial effort of the preceding year,
14 the library may still qualify for equalization aid if the State
15 Librarian accepts evidence that the library or municipality did
16 not attempt to substitute State funds for local effort.
17 Beginning in the 1985-1986 fiscal year, twenty percent (20%)
18 of the annual allocation for equalization aid shall first be
19 distributed in equal amounts to all local libraries and members
20 of library systems which qualify for such aid, as determined in
21 accordance with the provisions of this clause. The remainder of
22 the annual allocation shall be distributed on a per capita basis
23 to each local library and library system which qualifies for
24 such aid, as determined in accordance with the provisions of
25 this clause, by dividing the number of persons residing in the
26 direct service area of each such local library or library system
27 by the total number of such persons residing in the direct
28 service areas of all qualifying local libraries or library
29 systems, and multiplying the result by the amount of the
30 allocation to be distributed on a per capita basis.
19990H0017B1897 - 16 -
1 No local library or library system shall, as a result of the
2 provisions of this clause, receive in any year more than one-
3 third of the total annual appropriation for equalization aid.
4 During the 1985-1986 fiscal year and each fiscal year thereafter
5 that the Commonwealth's total annual appropriation for the
6 system of State-aid established by section 301 exceeds seventeen
7 million five hundred thousand dollars ($17,500,000), no local
8 library or library system shall receive less equalization aid as
9 a result of the provisions of this clause than such local
10 library or library system received for equalization aid during
11 the 1984-1985 fiscal year. For fiscal year 1999-2000 and each
12 fiscal year thereafter, Equalization Aid shall be allocated from
13 a hold harmless amount to equal that amount allocated for
14 Equalization Aid for fiscal year 1998-1999 from the amount
15 allocated from the Commonwealth's annual appropriation for
16 grants to local libraries and library systems. For fiscal years
17 subsequent to 1999-2000, any increase over the hold harmless
18 amount for Equalization Aid shall be specified as an annual
19 supplement in the Commonwealth's annual appropriation for grants
20 to local libraries and library systems within the General
21 Appropriations Act for that fiscal year. Funds allocated for
22 Equalization Aid shall be distributed according to the
23 provisions of this clause.
24 (7) Equal Distribution Grants to Local Libraries and Library
25 Systems and Certain District Library Centers. [Five] For
26 eligible fiscal years up to and through the 1998-1999 fiscal
27 year, five percent (5%) of the Commonwealth's annual
28 appropriation for the system of State-aid established by section
29 301, and all funds transferred from the county library
30 allocation after the county libraries have been paid the total
19990H0017B1897 - 17 -
1 amounts for which they qualify, shall be allocated as
2 hereinafter provided: (i) five cents (5¢) per capita for each
3 person residing in the entire district for each district library
4 center which has a population in its direct service area as a
5 local or county library which is twelve percent (12%) or less of
6 the population of the entire designated direct service area;
7 (ii) the balance as equal grants to local libraries and library
8 systems which qualify for aid under clause (1) above. These
9 grants shall be determined by dividing the total amount of money
10 allocated by the number of local libraries, branch libraries and
11 bookmobiles in the Commonwealth which achieve or exceed the
12 applicable basic standards. Each library system shall receive an
13 equal grant for each qualifying member local library, branch
14 library and bookmobile. Each local library shall receive an
15 equal grant for the central library and each qualifying branch
16 library and bookmobile. For fiscal year 1999-2000 and each
17 fiscal year thereafter, Equal Distribution Grants to Local
18 Libraries and Library Systems and Certain District Library
19 Centers shall be allocated from a hold harmless amount to equal
20 that amount allocated for Equal Distribution Grants to Local
21 Libraries and Library Systems and Certain District Library
22 Centers for fiscal year 1998-1999 from the amount allocated from
23 the Commonwealth's annual appropriation for grants to local
24 libraries and library systems. For fiscal years subsequent to
25 1999-2000, any increase over the hold harmless amount for Equal
26 Distribution Grants to Local Libraries and Library Systems and
27 Certain District Library Centers shall be specified as an annual
28 supplement in the Commonwealth's annual appropriation for grants
29 to local libraries and library systems within the General
30 Appropriations Act for that fiscal year. Funds allocated for
19990H0017B1897 - 18 -
1 Equal Distribution Grants to Local Libraries and Library Systems
2 and Certain District Library Centers shall be distributed
3 according to the provisions of this clause.
4 (c) In any fiscal year in which the Commonwealth's annual
5 appropriation for grants to public libraries and library systems
6 is less than the amount appropriated for fiscal year 1998-1999,
7 then the amount allocated for clauses (1.1), (2.1), (3), (4),
8 (5), (6) and (7) of subsection (b) shall be reduced
9 proportionately.
10 (d) If necessary, the Department of Education may transfer
11 funds among the allocations listed in clauses (1.1), (2.1), (3),
12 (4), (5), (6) and (7) of subsection (b), provided that the
13 aggregate amount transferred into or out of each allocation
14 during a fiscal year shall not exceed five percent (5%) of the
15 amount specifically allocated for that clause.
16 Section 3. Section 304 of the act is amended by adding a
17 subsection to read:
18 Section 304. State Librarian to Approve Plans; District
19 Library Center Cooperative Program; Referendum.--* * *
20 (d) No local library or library system plan for the use of
21 Incentive for Excellence funds shall be approved if it projects
22 a decrease in local government support for normal, recurring,
23 operating costs from a previous level unless the State Librarian
24 determines that the decrease is directly attributable to a gift
25 or endowment to a library or that there is a substantial
26 decrease in the financial ability of the municipality on behalf
27 of which the library or library system applied for aid.
28 Section 4. The act is amended by adding a section to read:
29 Section 305. Implementation Schedule.--(a) If a library or
30 library system applying for State-aid in 1999-2000 fails to
19990H0017B1897 - 19 -
1 comply with the standards under section 303, the library or
2 library system shall not be eligible for funds under that
3 section.
4 (b) The State Librarian may grant an extension of time to
5 meet the standards under section 303 (b)(1.2) and (2.2) if:
6 (1) the library or library system is financially unable to
7 comply at the time of payment; or
8 (2) a plan is accepted by the State Librarian indicating how
9 the library or library system will comply, to include specifics
10 regarding budget, timeline and how the library is working in
11 good faith to achieve the standards.
12 (c) An extension by the State Librarian shall continue until
13 the time of the submission of the 2000-2001 plan for use of
14 State funds under this act.
15 Section 5. This act shall take effect July 1, 1999, or
16 immediately, whichever is later.
A20L24BIL/19990H0017B1897 - 20 -