PRINTER'S NO. 2809
No. 2208 Session of 1980
INTRODUCED BY RICHARDSON, OLIVER, SHADDING, DUMAS, WHITE AND
HARPER, JANUARY 31, 1980
REFERRED TO COMMITTEE ON APPROPRIATIONS, JANUARY 31, 1980
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,"
9 authorizing additional State-aid.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 302, act of June 14, 1961 (P.L.324,
13 No.188), known as "The Library Code," is amended to read:
14 Section 302. Definitions.--As used in this article--
15 (1) "Basic Standards." The basic standards are standards
16 promulgated by the State Librarian and approved by the Advisory
17 Council on Library Development, in compliance with sections
18 201(5), (15) and 303, which must be achieved by a local library
19 to qualify for the State-aid authorized by section 303(1) and
20 (7) and by a branch library or a bookmobile to qualify for the
21 State-aid authorized by section 303(7). The standards shall be
1 those deemed essential to a library, branch or bookmobile for it
2 to fulfill the definition of local library stated in section
3 102(1) and shall be minimal.
4 [(1)] (2) "Direct Service Area." The municipality or
5 municipalities to which the governing body of a library is
6 responsible for extending all its library services without
7 charge.
8 [(2)] (3) "Financial Effort." The sum expended annually by a
9 local library for the establishment, operation and maintenance
10 of library services in its direct service area, which derives
11 from local taxes, gifts, endowments and other local sources, as
12 may be provided under rules and regulations adopted by the
13 Advisory Council on Library Development, and which is used to
14 determine eligibility for State-aid.
15 [(3)] (4) "Financial Effort Equal to One-half Mill." The
16 financial effort equal to one-half mill times the market value
17 of taxable property, as determined by the State Tax Equalization
18 Board, in the direct service area of a local library.
19 [(4)] (5) "Financial Effort Equal to One-quarter Mill." The
20 financial effort equal to one-quarter mill times the market
21 value of taxable property, as determined by the State Tax
22 Equalization Board, in the direct service area of a local
23 library.
24 (6) "Minimum Standards." The standards promulgated by the
25 State Librarian and approved by the Advisory Council on Library
26 Development, in compliance with sections 201(5), (15) and 303,
27 which must be achieved by a local library or a library system to
28 qualify for the incentive aid authorized by section 303(2).
29 [(5)] (7) "Per Capita." Amounts determined on the basis of
30 the latest official United States Census reports.
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1 Section 2. Section 303 of the act, amended June 24, 1968
2 (P.L.246, No.116) and December 29, 1971 (P.L.656, No.172), is
3 amended to read:
4 Section 303. State-aid.--State-aid shall be paid when a
5 library achieves the applicable standards determined by
6 counselling with the State Librarian pursuant to the advice and
7 recommendations of the Advisory Council on Library Development,
8 or submits plans as set forth in section 304 of this act leading
9 to the achievement of such standards, and makes a minimum
10 financial effort as follows, except that no library receiving
11 State-aid prior to and at time of the approval of this act shall
12 receive less State-aid as a result of the provisions hereof
13 notwithstanding that such library has not accepted the
14 provisions of this act:
15 (1) Local Libraries. In the case of a local library which
16 makes a minimum financial effort equal to one-half mill, or two
17 dollars ($2) per capita for each person residing in its direct
18 service area, whichever is less, it shall receive in State-aid
19 an amount not exceeding twenty-five cents (25¢) for each person
20 residing in its direct service area: Provided, That in the first
21 year in which a library applies for State-aid it shall qualify
22 therefor by making a minimum financial effort equal to one-
23 quarter mill, or one dollar ($1) per capita for each person
24 residing in its direct service area, whichever is less.
25 In each of the succeeding five years, such library shall
26 qualify for maximum State-aid only when it increases its
27 financial effort by the following scale of percentages of the
28 difference between the financial effort with which such library
29 initially qualified for State-aid and a financial effort equal
30 to one-half mill, or two dollars ($2) per capita for each person
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1 residing in its direct service area, whichever is less:
2 1st succeeding year--20 percent,
3 2nd succeeding year--40 percent,
4 3rd succeeding year--60 percent,
5 4th succeeding year--80 percent,
6 5th succeeding year--100 percent.
7 But where the increase in any year is less than the percentage
8 specified above, the amount of State-aid shall be reduced by a
9 percentage equal to one-fifth of the percentage which the
10 difference between the required increase and the actual increase
11 bears to the required increase multiplied by the number of years
12 of participation in State-aid beyond the first year.
13 After the fifth succeeding year, a local library shall not be
14 eligible for further State-aid unless it makes a financial
15 effort equal to one-half mill, or two dollars ($2) per capita
16 for each person residing in its direct service area, whichever
17 is less. A local library shall not be eligible for any State-aid
18 unless it makes a financial effort equal to one-quarter mill or
19 one dollar ($1) per capita for each person residing in its
20 direct service area, whichever is less.
21 In the case of a local library which makes a minimum
22 financial effort equal to one-half mill, or two dollars ($2) per
23 capita for each person residing in the direct service area,
24 whichever is less, it shall receive, in addition to other
25 amounts provided for herein, up to fifty cents (50¢) for each
26 one dollar ($1) expended by the local library in excess of the
27 one-half mill or two dollars ($2) per capita whichever is less,
28 but this total additional State-aid shall not exceed [twenty-
29 five cents (25¢)] fifty cents (50¢) per capita for each person
30 residing in the direct service area.
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1 (2) County Libraries. In the case of a county library of a
2 second, second A, third, fourth, fifth, sixth, seventh or eighth
3 class county, State-aid shall be given in an amount measured by
4 the amount appropriated by the county commissioners from county
5 moneys, either from the General Fund or a special library tax or
6 other sources, for the support and maintenance of the county
7 library, and shall be determined as follows:
8 Percentage of Aid Calculated
9 Class of County on County Appropriation
10 2 15%
11 2A and 3 20%
12 4 25%
13 5 33%
14 6 50%
15 7 75%
16 8 125%
17 The amount to be paid by the Commonwealth for the maintenance
18 of any county library under this subsection shall not, in any
19 year, exceed [eight thousand dollars ($8,000)] one million
20 dollars ($1,000,000), and such payment shall be made to the
21 board of trustees in charge of the county library. A report of
22 the expenditure of such State moneys shall be made annually to
23 the county commissioners and the State Librarian in such form as
24 may be required. County libraries may also apply for additional
25 amounts of State-aid under subsection (1) above, or subsection
26 (3) following.
27 (2.1) Libraries of Cities of the First Class. In the case
28 of a library in a city of the first class, State-aid shall be
29 given in an amount measured by the amount appropriated by the
30 city council either from the General Fund or a special library
19800H2208B2809 - 5 -
1 tax or other sources, for the support and maintenance of the
2 library. State-aid under this subsection shall not exceed ten
3 percent of the amount appropriated by the city council or one
4 million dollars ($1,000,000).
5 (3) County Libraries Merged or Conjoined with Local
6 Libraries.--In the case of a county library which is merged or
7 operating in conjunction with another local library, it shall
8 receive in State-aid an amount not exceeding twenty-five cents
9 (25¢) for each person residing in its direct service area, if,
10 in the first year, the merged or conjoint libraries in the
11 aggregate make a financial effort equal to one-quarter mill, or
12 one dollar ($1) per capita for each person residing in the
13 direct service area of the county library, whichever is less.
14 In each of the succeeding five years, such county library
15 shall receive the maximum amount of State-aid only when it
16 increases its financial effort, exclusive of the amount expended
17 by the library with which it is merged or conjoined, by the same
18 scale of percentages stated for local libraries in subsection
19 (1) above, but based upon the difference between the financial
20 effort with which such county library initially qualified for
21 State-aid, exclusive of the amount expended by the library with
22 which it is merged or conjoined, and a financial effort equal to
23 one-quarter mill, or one dollar ($1) per capita for each person
24 residing in the direct service area of such county library,
25 whichever is less; and where the increase is less than that
26 specified, the amount of State-aid shall be reduced in like
27 manner as that stated for local libraries in subsection (1)
28 above.
29 In each of the next succeeding five years, where such county
30 library has achieved a minimum financial effort equal to one-
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1 quarter mill, or one dollar ($1) per capita for each person
2 residing in its direct service area, whichever is less, it shall
3 continue to qualify for maximum State-aid only when it increases
4 its minimum financial effort to a financial effort equal to one-
5 half mill, or two dollars ($2) per capita for each person
6 residing in its direct service area, whichever is less, in like
7 manner as that specified for local libraries in subsection (1)
8 above, and it shall also be subject to the same formula of
9 decrease of State-aid if it fails to achieve this prescribed
10 rate of increase of financial effort.
11 After the tenth succeeding year, a county library shall not
12 be eligible for further State-aid under this subsection unless
13 it makes a financial effort equal to one-half mill, or two
14 dollars ($2) per capita for each person residing in the county
15 library service area, whichever is less. During the second five-
16 year period of participation, a county library shall not be
17 eligible for any State-aid under this subsection in any year in
18 which it makes a financial effort less than a financial effort
19 equal to one-quarter mill, or one dollar ($1) per capita for
20 each person residing in such county library's direct service
21 area, whichever is less.
22 Any local library which is providing the sole, direct, free
23 library service in a county, and any county division of a local
24 library operating under a written agreement with a board of
25 county commissioners, shall qualify for State-aid on the same
26 terms and conditions set forth in this subsection for merged or
27 conjoint libraries.
28 After the first six years of participation in State-aid, such
29 merged or conjoint libraries shall not qualify for State-aid
30 unless such libraries are governed by a common board of library
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1 directors, and when such merged or conjoint libraries receive
2 public funds from any municipality, said municipality shall be
3 represented on such board of directors. However, a written
4 agreement between a single board of library directors and the
5 municipal officers of a county, city, borough, town, township or
6 school district, shall be equivalent to such common board of
7 library directors and such representation.
8 Provided, however, that the local library which merged with
9 or conjoined a county library shall, in the first year in which
10 it applies for State-aid, include within its financial effort
11 the amount expended by the county library with which it is
12 merged or conjoined and shall qualify for State-aid if the
13 merged or conjoint libraries in the aggregate make a financial
14 effort equal to one-quarter mill, or one dollar ($1) per capita
15 for each person residing in its own direct service area
16 (exclusive of the service area of the county library with which
17 it is merged or conjoined), whichever is less. In each of the
18 succeeding ten years, such local library shall receive the
19 maximum amount of State-aid only when it increases its financial
20 effort, exclusive of the amount expended by the county library
21 with which it is merged or conjoined, by the following scale of
22 percentages of the difference between the financial effort used
23 in combination with the financial effort of the county library
24 with which it is merged or conjoined to qualify initially for
25 State-aid and a financial effort equal to one-half mill, or two
26 dollars ($2) per capita for each person residing in such direct
27 service area, whichever is less:
28 1st succeeding year--10 percent,
29 2nd succeeding year--20 percent,
30 3rd succeeding year--30 percent,
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1 4th succeeding year--40 percent,
2 5th succeeding year--50 percent,
3 6th succeeding year--60 percent,
4 7th succeeding year--70 percent,
5 8th succeeding year--80 percent,
6 9th succeeding year--90 percent,
7 10th succeeding year--100 percent.
8 But where the increase is less than that specified above, the
9 amount of State-aid shall be reduced by a percentage equal to
10 one-tenth of the percentage which the difference between the
11 required increase and the actual increase bears to the required
12 increase, multiplied by the number of years of participation in
13 State-aid beyond the first year.
14 The provisions of the foregoing paragraph relating to local
15 libraries merged or conjoined with county libraries shall also
16 apply to local libraries which operate a county division under a
17 written agreement with a board of county commissioners.
18 This subsection shall not be construed to prohibit any county
19 library from receiving an additional or substitute amount of
20 State-aid, if it qualifies under the provisions of the preceding
21 subsection (2) as a county library. However, a local library
22 which is merged or conjoined with a county library may apply for
23 State-aid either under subsections (1) or (3) but shall not be
24 eligible for State-aid under both these subsections.
25 (4) District Library Centers. In the case of a library
26 designated by the State Librarian to serve as a district library
27 center, an additional sum of State-aid shall be given in an
28 amount not exceeding twenty-five cents (25¢) for each person
29 residing in the entire district except that in the case of any
30 State College library, the Pennsylvania State University Library
19800H2208B2809 - 9 -
1 and any privately supported college or university library
2 designated as a district library center, the amount of State-aid
3 shall not exceed twelve and one-half cents (12 1/2¢) for each
4 person residing in the entire district.
5 (5) Regional Library Resource Centers. In the case of a
6 library designated by the State Librarian to serve as a regional
7 library resource center, additional annual State-aid in an
8 amount not to exceed [one hundred thousand dollars ($100,000)]
9 one hundred fifty thousand dollars ($150,000) shall be paid to
10 such library.
11 (6) Equalization Aid. Where a library qualifies for State-
12 aid with a financial effort of less than [one dollar and twenty-
13 five cents ($1.25)] one dollar and seventy-five cents ($1.75)
14 per capita for each person residing in the direct service area
15 of such library, additional State-aid shall be given such
16 library in an amount which shall [equal] not exceed the
17 difference between the per capita value of one-half mill times
18 the market value of taxable property, as determined by the State
19 Tax Equalization Board, in the direct service area of such
20 library and [one dollar and twenty-five cents ($1.25)] one
21 dollar and seventy-five cents ($1.75) per capita for each person
22 residing in its direct service area.
23 (7) Adjustments Necessitated by Appropriation. If the sums
24 appropriated for any fiscal year for making payments provided in
25 this act are not sufficient to pay in full the total amounts to
26 which all qualified libraries are entitled to receive under this
27 act for such year, the allocations to such libraries, subject to
28 the adjustments under the next sentence, shall be ratably
29 reduced to the extent necessary to bring the aggregate of such
30 allocations within the limits of the amount appropriated. The
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1 allocation of a qualified library which would be reduced under
2 the preceding sentence to an amount less than its allocation for
3 fiscal year 1976-1977 shall be increased to such amount, the
4 total of the increases thereby required derived by
5 proportionally reducing the allocation of the remaining
6 qualified libraries under the preceding sentence, but with such
7 adjustments as may be necessary to prevent the allocation to any
8 remaining qualified library from being thereby reduced to an
9 amount less than its allocation for fiscal year 1976-1977.
10 Section 3. This act shall take effect immediately.
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