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