PRIOR PRINTER'S NO. 3023 PRINTER'S NO. 3914
No. 2351 Session of 1980
INTRODUCED BY MESSRS. BURNS, GALLAGHER, HOEFFEL AND SWEET,
MARCH 5, 1980
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 22, 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," changing
9 and adding certain definitions and changing provisions
10 relating to State-aid.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 302, act of June 14, 1961 (P.L.324,
14 No.188), known as "The Library Code," is amended to read:
15 Section 302. Definitions.--As used in this article--
16 (1) "Direct Service Area." The municipality or
17 municipalities to which the governing body of a library is
18 responsible for extending all its library services without
19 charge.
20 (2) "Financial Effort." The sum expended annually by a local
1 library for the establishment, operation and maintenance of
2 library services [in its direct service area,] which derives
3 from local taxes, gifts, endowments and other local sources, as
4 may be provided under rules and regulations adopted by the
5 Advisory Council on Library Development, and which is used to
6 determine eligibility for State-aid.
7 (3) "Financial Effort Equal to One-half Mill." The financial
8 effort equal to one-half mill times the market value of taxable
9 property, as determined by the State Tax Equalization Board, in
10 the municipalities for which aid is claimed or in the direct
11 service area of a local library, whichever is applicable.
12 (4) "Financial Effort Equal to One-quarter Mill." The
13 financial effort equal to one-quarter mill times the market
14 value of taxable property, as determined by the State Tax
15 Equalization Board, in the municipalities for which aid is
16 claimed or in the direct service area of a local library,
17 whichever is applicable.
18 (5) "Per Capita." Amounts determined on the basis of the
19 latest official United States Census reports OR THE POPULATION <--
20 ON WHICH THE 1979-1980 STATE-AID PAYMENTS WERE MADE, WHICHEVER
21 IS HIGHER.
22 (6) "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 (7) "Basic Standards." The basic standards are standards
28 promulgated by the State Librarian and approved by the Advisory
29 Council on Library Development, in compliance with sections
30 201(15) and 303 of this act, which must be achieved by a local
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1 library to qualify for the State-aid authorized by sections
2 303(1) and 303(7) of this act, and by a branch library or a
3 bookmobile to qualify for the State-aid authorized by section
4 303(7). The standards shall be those deemed essential to a
5 library, branch or bookmobile for it to fulfill the definition
6 of local library stated in section 102(1) of this act.
7 (8) "Minimum Standards." The standards promulgated by the
8 State Librarian and approved by the Advisory Council on Library
9 Development in compliance with sections 201(15) and 303 of this
10 act, which must be achieved by a local library or a library
11 system to qualify for the incentive aid authorized by section
12 303(2) of this act.
13 Section 2. Section 303 of the act, amended June 24, 1968
14 (P.L.246, No.116) and December 29, 1971 (P.L.656, No.172), is
15 amended to read:
16 Section 303. State-aid.--State-aid shall be paid when a
17 library achieves the applicable standards determined by
18 counselling with the State Librarian pursuant to the advice and
19 recommendations of the Advisory Council on Library Development,
20 or submits plans as set forth in section 304 of this act leading
21 to the achievement of such standards, and makes a minimum
22 financial effort as follows, except that no library receiving
23 State-aid prior to and at time of the approval of this act shall
24 receive less State-aid as a result of the provisions hereof
25 notwithstanding that such library has not accepted the
26 provisions of this act:
27 (1) Basic Aid to Local Libraries. Twenty-five percent (25%)
28 of the Commonwealth's total annual appropriation for the system
29 of State-aid established by section 301 of this act, or a
30 minimum of twenty-five cents (25¢) per capita for each person
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1 residing in the municipalities of the libraries which qualify
2 for basic aid, shall be allocated as basic aid.
3 [In the case of a] Any local library which makes a minimum
4 financial effort equal to one-half mill for the municipalities
5 on behalf of which it applies for aid, or two dollars ($2) per
6 capita for each person residing in [its direct service area,]
7 those municipalities, whichever is less, [it] and achieves the
8 basic standards, shall [receive in] qualify for basic State-aid
9 [an amount not exceeding]. Such aid shall not be less than
10 twenty-five cents (25¢) for each person residing in [its direct
11 service area:] the municipalities. However, when the allocation
12 for basic aid exceeds the amount necessary to pay the minimum
13 rate, the entire allocation shall be distributed at a per capita
14 rate which shall be determined by dividing the allocation by the
15 number of persons in the Commonwealth on behalf of which local
16 libraries and library systems apply and qualify for basic aid:
17 Provided, That in the first year in which a library applies for
18 State-aid it shall qualify [therefor] by making a minimum
19 financial effort equal to one-quarter mill, or one dollar ($1)
20 per capita for each person residing in [its direct service
21 area,] the municipalities, whichever is less.
22 In each of the succeeding five years, such library shall
23 qualify for maximum State-aid only when it increases its
24 financial effort by the following scale of percentages of the
25 difference between the financial effort with which such library
26 initially qualified for State-aid and a financial effort equal
27 to one-half mill, or two dollars ($2) per capita for each person
28 residing in [its direct service area,] the municipalities for
29 which it applies for aid, whichever is less:
30 1st succeeding year--20 percent,
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1 2nd succeeding year--40 percent,
2 3rd succeeding year--60 percent,
3 4th succeeding year--80 percent,
4 5th succeeding year--100 percent.
5 But where the increase in any year is less than the percentage
6 specified above, the amount of State-aid shall be reduced by a
7 percentage equal to one-fifth of the percentage which the
8 difference between the required increase and the actual increase
9 bears to the required increase multiplied by the number of years
10 of participation in State-aid beyond the first year.
11 After the fifth succeeding year, a local library shall not be
12 eligible for further State-aid unless it makes a financial
13 effort equal to one-half mill for the municipalities on behalf
14 of which it applies for aid, or two dollars ($2) per capita for
15 each person residing in [its direct service area,] those
16 municipalities, whichever is less. [A local library shall not be
17 eligible for any State-aid unless it makes a financial effort
18 equal to one-quarter mill or one dollar ($1) per capita for each
19 person residing in its direct service area, whichever is less.]
20 (2) Incentive Aid to Local Libraries. Twenty-five percent
21 (25%) of the Commonwealth's total annual appropriation for the
22 system of State-aid established by section 301 of this act, or a
23 minimum of twenty-five cents (25¢) per capita for each person
24 residing in the direct service areas of the libraries which
25 qualify for incentive aid, shall be allocated as incentive aid.
26 [In the case of a] Any local library or library system which
27 makes a minimum financial effort equal to one-half mill, or two
28 dollars ($2) per capita for each person residing in [the] its
29 direct service area, whichever is less, and fulfills the minimum
30 standards for local libraries or the minimum standards for
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1 library systems, whichever is applicable, [it] shall [receive,]
2 qualify for incentive aid, which shall be in addition to all
3 other amounts of aid provided [for herein,] in this section.
4 Each qualifying library or library system shall receive
5 incentive aid up to fifty cents (50¢) for each one dollar ($1)
6 of surplus financial effort, [expended by the local library in
7 excess of the one-half mill or two dollars ($2) per capita
8 whichever is less,] but [this total additional State-aid shall
9 not exceed] when fifty cents (50¢) per dollar of surplus
10 financial effort is more than twenty-five cents (25¢) per capita
11 the minimum incentive aid shall be twenty-five cents (25¢) per
12 capita for each person residing in the direct service area.
13 However, if after paying the minimum amount set forth in this
14 subsection there is a balance in the allocation, the balance
15 shall be prorated among the libraries and library systems which
16 qualify for a larger amount of aid at the rate of fifty cents
17 (50¢) for each one dollar ($1) of surplus financial effort
18 rather than at the rate of twenty-five cents (25¢) per capita.
19 [(2)] (3) County Libraries. Ten percent (10%) of the
20 Commonwealth's total annual appropriation for the system of
21 State-aid established by section 301 of this act shall be
22 allocated as aid to county libraries.
23 In the case of a county library of a second, second A, third,
24 fourth, fifth, sixth, seventh or eighth class county, State-aid
25 shall be given in an amount measured by the amount appropriated
26 by the county [commissioners] government from county moneys,
27 either from the General Fund or a special library tax or other
28 sources, for the support and maintenance of the county library,
29 and shall be determined as follows:
30 Percentage of Aid Calculated
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1 Class of County on County Appropriation
2 2 15%
3 2A and 3 20%
4 4 25%
5 5 33%
6 6 50%
7 7 75%
8 8 125%
9 The amount to be paid by the Commonwealth for the maintenance
10 of any county library that qualifies under this subsection shall
11 [not], in any year, [exceed] be not less than eight thousand
12 dollars ($8,000), [and such payment shall be made to the board
13 of trustees in charge of the county library.] whenever the
14 applicable percentage of aid calculated on the county
15 government's appropriation amounts to more than eight thousand
16 dollars ($8,000). If the applicable percentage of aid calculated
17 on the county government's appropriation amounts to less than
18 eight thousand dollars ($8,000), then the county shall receive
19 such lesser amount. If the allocation for this category of aid
20 is less than the total amount for which all county libraries
21 qualify, the libraries shall be paid the minimum amount of eight
22 thousand dollars ($8,000) or such lesser amount as may be
23 necessary. The portion remaining in the allocation after the <--
24 minimum rates have been paid shall then be prorated among the
25 county libraries which qualify for more than the minimum amount
26 of aid. AFTER THE MINIMUM RATES HAVE BEEN PAID, A PORTION OF THE <--
27 REMAINING ALLOCATION SHALL BE TRANSFERRED TO THE ALLOCATION FOR
28 EQUAL DISTRIBUTION GRANTS IN ORDER TO DISTRIBUTE FIVE PERCENT
29 (5%) OF THE APPROPRIATION AS EQUAL DISTRIBUTION GRANTS UNDER
30 SUBSECTION 7 OF THIS SECTION. ANY PORTION NOT TRANSFERRED SHALL
19800H2351B3914 - 7 -
1 THEN BE PRORATED AMONG THE COUNTY LIBRARIES WHICH QUALIFY FOR
2 MORE THAN THE MINIMUM RATES. If the allocation is greater than
3 the total amount of aid for which county libraries qualify, the
4 balance shall be added to the amount of aid to be distributed
5 under subsection (7) of this section. A report of the
6 expenditure of such State moneys shall be made annually to the
7 county [commissioners] government and the State Librarian in
8 such form as may be required. County libraries may also apply
9 for additional amounts of State-aid under [subsection]
10 subsections (1) and (2) above, [or] and subsection [(3)] (7)
11 following.
12 Payment of aid to county libraries shall be made to the board
13 of library directors in charge of each qualifying library.
14 [(3) County Libraries Merged or Conjoined with Local
15 Libraries.--In the case of a county library which is merged or
16 operating in conjunction with another local library, it shall
17 receive in State-aid an amount not exceeding twenty-five cents
18 (25¢) for each person residing in its direct service area, if,
19 in the first year, the merged or conjoint libraries in the
20 aggregate make a financial effort equal to one-quarter mill, or
21 one dollar ($1) per capita for each person residing in the
22 direct service area of the county library, whichever is less.
23 In each of the succeeding five years, such county library
24 shall receive the maximum amount of State-aid only when it
25 increases its financial effort, exclusive of the amount expended
26 by the library with which it is merged or conjoined, by the same
27 scale of percentages stated for local libraries in subsection
28 (1) above, but based upon the difference between the financial
29 effort with which such county library initially qualified for
30 State-aid, exclusive of the amount expended by the library with
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1 which it is merged or conjoined, and a financial effort equal to
2 one-quarter mill, or one dollar ($1) per capita for each person
3 residing in the direct service area of such county library,
4 whichever is less; and where the increase is less than that
5 specified, the amount of State-aid shall be reduced in like
6 manner as that stated for local libraries in subsection (1)
7 above.
8 In each of the next succeeding five years, where such county
9 library has achieved a minimum financial effort equal to one-
10 quarter mill, or one dollar ($1) per capita for each person
11 residing in its direct service area, whichever is less, it shall
12 continue to qualify for maximum State-aid only when it increases
13 its minimum financial effort to a financial effort equal to one-
14 half mill, or two dollars ($2) per capita for each person
15 residing in its direct service area, whichever is less, in like
16 manner as that specified for local libraries in subsection (1)
17 above, and it shall also be subject to the same formula of
18 decrease of State-aid if it fails to achieve this prescribed
19 rate of increase of financial effort.
20 After the tenth succeeding year, a county library shall not
21 be eligible for further State-aid under this subsection unless
22 it makes a financial effort equal to one-half mill or two
23 dollars ($2) per capita for each person residing in the county
24 library service area, whichever is less. During the second five-
25 year period of participation, a county library shall not be
26 eligible for any State-aid under this subsection in any year in
27 which it makes a financial effort less than a financial effort
28 equal to one-quarter mill, or one dollar ($1) per capita for
29 each person residing in such county library's direct service
30 area, whichever is less.
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1 Any local library which is providing the sole, direct, free
2 library service in a county, and any county division of a local
3 library operating under a written agreement with a board of
4 county commissioners, shall qualify for State-aid on the same
5 terms and conditions set forth in this subsection for merged or
6 conjoint libraries.
7 After the first six years of participation in State-aid, such
8 merged or conjoint libraries shall not qualify for State-aid
9 unless such libraries are governed by a common board of library
10 directors, and when such merged or conjoint libraries receive
11 public funds from any municipality, said municipality shall be
12 represented on such board of directors. However, a written
13 agreement between a single board of library directors and the
14 municipal officers of a county, city, borough, town, township or
15 school district, shall be equivalent to such common board of
16 library directors and such representation.
17 Provided, however, that the local library which merged with
18 or conjoined a county library shall, in the first year in which
19 it applies for State-aid, include within its financial effort
20 the amount expended by the county library with which it is
21 merged or conjoined and shall qualify for State-aid if the
22 merged or conjoint libraries in the aggregate make a financial
23 effort equal to one-quarter mill, or one dollar ($1) per capita
24 for each person residing in its own direct service area
25 (exclusive of the service area of the county library with which
26 it is merged or conjoined), whichever is less. In each of the
27 succeeding ten years, such local library shall receive the
28 maximum amount of State-aid only when it increases its financial
29 effort, exclusive of the amount expended by the county library
30 with which it is merged or conjoined, by the following scale of
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1 percentages of the difference between the financial effort used
2 in combination with the financial effort of the county library
3 with which it is merged or conjoined to qualify initially for
4 State-aid and a financial effort equal to one-half mill, or two
5 dollars ($2) per capita for each person residing in such direct
6 service area, whichever is less:
7 1st succeeding year--10 percent,
8 2nd succeeding year--20 percent,
9 3rd succeeding year--30 percent,
10 4th succeeding year--40 percent,
11 5th succeeding year--50 percent,
12 6th succeeding year--60 percent,
13 7th succeeding year--70 percent,
14 8th succeeding year--80 percent,
15 9th succeeding year--90 percent,
16 10th succeeding year--100 percent.
17 But where the increase is less than that specified above, the
18 amount of State-aid shall be reduced by a percentage equal to
19 one-tenth of the percentage which the difference between the
20 required increase and the actual increase bears to the required
21 increase, multiplied by the number of years of participation in
22 State-aid beyond the first year.
23 The provisions of the foregoing paragraph relating to local
24 libraries merged or conjoined with county libraries shall also
25 apply to local libraries which operate a county division under a
26 written agreement with a board of county commissioners.
27 This subsection shall not be construed to prohibit any county
28 library from receiving an additional or substitute amount of
29 State-aid, if it qualifies under the provisions of the preceding
30 subsection (2) as a county library. However, a local library
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1 which is merged or conjoined with a county library may apply for
2 State-aid either under subsections (1) or (3) but shall not be
3 eligible for State-aid under both these subsections.]
4 (4) District Library Centers. Thirty percent (30%) of the
5 Commonwealth's total annual appropriation for the system of
6 State-aid established by section 301 of this act or a minimum of
7 twenty-five (25¢) per capita, shall be allocated as aid for
8 district library centers.
9 [In the case of a] Any library designated by the State
10 Librarian to serve as a district library center shall qualify
11 for an additional [sum] amount of State-aid. [shall be given in
12 an amount not exceeding twenty-five cents (25¢) for each person
13 residing in the entire district except that in the case of any
14 State College library, the Pennsylvania State University Library
15 and any privately supported college or university library
16 designated as a district library center, the amount of State-aid
17 shall not exceed twelve and one-half cents (12 1/2¢) for each
18 person residing in the entire district.] The rate of aid shall
19 be determined by dividing the total amount allocated for
20 district library centers by the total population of the State,
21 but in no year shall that rate be less than twenty-five cents
22 (25¢) per capita. The amount of aid to be paid each district
23 library center shall be determined by multiplying the per capita
24 rate by the number of persons residing in the district.
25 (5) Regional Library Resource Centers. Five percent (5%) of
26 the Commonwealth's annual appropriation for the system of State-
27 aid established by section 301 of this act shall be allocated
28 for aid to regional library resource centers.
29 [In the case of a] Any library designated by the State
30 Librarian to serve as a regional library resource center shall
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1 qualify for additional [annual] State-aid. [in an amount not to
2 exceed one hundred thousand dollars ($100,000) shall be paid to
3 such library.] The allocation shall be divided equally among the
4 libraries so designated, but in no year shall the amount be less
5 than one hundred thousand dollars ($100,000) per designated
6 library.
7 (6) Equalization Aid. [Where] If a library qualifies for
8 State-aid established by section 301 of this act with a
9 financial effort of less than one dollar and twenty-five cents
10 ($1.25) per capita for each person residing in the direct
11 service area of such library, additional State-aid shall be
12 given such library in an amount which shall equal the difference
13 between the per capita value of one-half mill times the market
14 value of taxable property, as determined by the State Tax
15 Equalization Board, in the direct service area of such library
16 and one dollar and twenty-five cents ($1.25) per capita for each
17 person residing in its direct service area.
18 (7) Equal Distribution Grants to Local Libraries and Library
19 Systems AND CERTAIN DISTRICT LIBRARY CENTERS. After the amounts <--
20 of aid have been paid as specified in the preceding subsections
21 of this section, the remainder FIVE PERCENT (5%) of the <--
22 Commonwealth's annual appropriation for the system of State-aid
23 established by section 301 of this act and all funds transferred
24 from the county library allocation AFTER THE COUNTY LIBRARIES <--
25 HAVE BEEN PAID THE TOTAL AMOUNTS FOR WHICH THEY QUALIFY, shall
26 be allocated AS HEREINAFTER PROVIDED: (I) FIVE CENTS (5¢) PER <--
27 CAPITA FOR EACH PERSON RESIDING IN THE ENTIRE DISTRICT FOR EACH
28 DISTRICT LIBRARY CENTER WHICH HAS A POPULATION IN ITS DISTRICT
29 SERVICE AREA AS A LOCAL OR COUNTY LIBRARY THAT IS TWELVE PERCENT
30 (12%) OR LESS OF THE POPULATION OF THE ENTIRE DESIGNATED
19800H2351B3914 - 13 -
1 DISTRICT SERVICE AREA AND (II) THE BALANCE SHALL BE ALLOCATED as
2 equal grants to local libraries and library systems which
3 qualify for aid under subsection (1) of this section. 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.
12 Section 3. This act shall take effect in 60 days.
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