PRIOR PRINTER'S NO. 467 PRINTER'S NO. 1429
No. 455 Session of 1979
INTRODUCED BY REIBMAN, BODACK, ROMANELLI, O'PAKE AND MESSINGER,
MARCH 13, 1979
SENATOR REIBMAN, EDUCATION, AS AMENDED, DECEMBER 5,1979
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." STANDARDS PROMULGATED BY THE STATE
25 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.
19790S0455B1429 - 2 -
1 Section 1 2. Section 303, act of June 14, 1961 (P.L.324, <--
2 No.188), known as "The Library Code," OF THE ACT, clauses (1) <--
3 and (4) amended December 29, 1971 (P.L.656, No.172) and clause
4 (2) amended June 24, 1968 (P.L.246, No.116), is amended to read:
5 Section 303. State-aid.--State-aid shall be paid when a
6 library achieves the applicable standards determined by
7 counselling with the State Librarian pursuant to the advice and
8 recommendations of the Advisory Council on Library Development,
9 or submits plans as set forth in section 304 of this act leading
10 to the achievement of such standards, and makes a minimum
11 financial effort as follows, except that no library receiving
12 State-aid prior to and at time of the approval of this act shall
13 receive less State-aid as a result of the provisions hereof
14 notwithstanding that such library has not accepted the
15 provisions of this act:
16 (1) Local Libraries. In the case of a local library which
17 makes a minimum financial effort equal to one-half mill, or two
18 dollars ($2) per capita for each person residing in its direct
19 service area, whichever is less, it shall receive in State-aid
20 an amount not exceeding twenty-five cents (25¢) for each person
21 residing in its direct service area: Provided, That in the first
22 year in which a library applies for State-aid it shall qualify
23 therefor by making a minimum financial effort equal to one-
24 quarter mill, or one dollar ($1) per capita for each person
25 residing in its direct service area, whichever is less.
26 In each of the succeeding five years, such library shall
27 qualify for maximum State-aid only when it increases its
28 financial effort by the following scale of percentages of the
29 difference between the financial effort with which such library
30 initially qualified for State-aid and a financial effort equal
19790S0455B1429 - 3 -
1 to one-half mill, or two dollars ($2) per capita for each person
2 residing in its direct service area, whichever is less:
3 1st succeeding year--20 percent,
4 2nd succeeding year--40 percent,
5 3rd succeeding year--60 percent,
6 4th succeeding year--80 percent,
7 5th succeeding year--100 percent.
8 But where the increase in any year is less than the percentage
9 specified above, the amount of State-aid shall be reduced by a
10 percentage equal to one-fifth of the percentage which the
11 difference between the required increase and the actual increase
12 bears to the required increase multiplied by the number of years
13 of participation in State-aid beyond the first year.
14 After the fifth succeeding year, a local library shall not be
15 eligible for further State-aid unless it makes a financial
16 effort equal to one-half mill, or two dollars ($2) per capita
17 for each person residing in its direct service area, whichever
18 is less. A local library shall not be eligible for any State-aid
19 unless it makes a financial effort equal to one-quarter mill or
20 one dollar ($1) per capita for each person residing in its
21 direct service area, whichever is less.
22 In the case of a local library which makes a minimum
23 financial effort equal to one-half mill, or two dollars ($2) per
24 capita for each person residing in the direct service area,
25 whichever is less, it shall receive, in addition to other
26 amounts provided for herein, up to fifty cents (50¢) for each
27 one dollar ($1) expended by the local library in excess of the
28 one-half mill or two dollars ($2) per capita whichever is less,
29 but this total additional State-aid shall not exceed [twenty-
30 five cents (25¢)] fifty cents (50¢) per capita for each person
19790S0455B1429 - 4 -
1 residing in the direct service area.
2 (2) County Libraries. In the case of a county library of a
3 second, second A, third, fourth, fifth, sixth, seventh or eighth
4 class county, State-aid shall be given in an amount measured by
5 the amount appropriated by the county commissioners from county
6 moneys, either from the General Fund or a special library tax or
7 other sources, for the support and maintenance of the county
8 library, and shall be determined as follows:
9 Percentage of Aid Calculated
10 Class of County on County Appropriation
11 2 15%
12 2A and 3 20%
13 4 25%
14 5 33%
15 6 50%
16 7 75%
17 8 125%
18 The amount to be paid by the Commonwealth for the maintenance
19 of any county library under this subsection shall not, in any
20 year, exceed [eight thousand dollars ($8,000)] one million
21 dollars ($1,000,000), and such payment shall be made to the
22 board of trustees in charge of the county library. A report of
23 the expenditure of such State moneys shall be made annually to
24 the county commissioners and the State Librarian in such form as
25 may be required. County libraries may also apply for additional
26 amounts of State-aid under subsection (1) above, or subsection
27 (3) following.
28 (2.1) Libraries of Cities of the First Class. In the case
29 of a library in a city of the first class, State-aid shall be
30 given in an amount measured by the amount appropriated by the
19790S0455B1429 - 5 -
1 city council either from the General Fund or a special library
2 tax or other sources, for the support and maintenance of the
3 library. State-aid under this subsection shall not exceed ten
4 percent of the amount appropriated by the city council or one
5 million dollars ($1,000,000).
6 (3) County Libraries Merged or Conjoined with Local
7 Libraries.--In the case of a county library which is merged or
8 operating in conjunction with another local library, it shall
9 receive in State-aid an amount not exceeding twenty-five cents
10 (25¢) for each person residing in its direct service area, if,
11 in the first year, the merged or conjoint libraries in the
12 aggregate make a financial effort equal to one-quarter mill, or
13 one dollar ($1) per capita for each person residing in the
14 direct service area of the county library, whichever is less.
15 In each of the succeeding five years, such county library
16 shall receive the maximum amount of State-aid only when it
17 increases its financial effort, exclusive of the amount expended
18 by the library with which it is merged or conjoined, by the same
19 scale of percentages stated for local libraries in subsection
20 (1) above, but based upon the difference between the financial
21 effort with which such county library initially qualified for
22 State-aid, exclusive of the amount expended by the library with
23 which it is merged or conjoined, and a financial effort equal to
24 one-quarter mill, or one dollar ($1) per capita for each person
25 residing in the direct service area of such county library,
26 whichever is less; and where the increase is less than that
27 specified, the amount of State-aid shall be reduced in like
28 manner as that stated for local libraries in subsection (1)
29 above.
30 In each of the next succeeding five years, where such county
19790S0455B1429 - 6 -
1 library has achieved a minimum financial effort equal to one-
2 quarter mill, or one dollar ($1) per capita for each person
3 residing in its direct service area, whichever is less, it shall
4 continue to qualify for maximum State-aid only when it increases
5 its minimum financial effort to a financial effort equal to one-
6 half mill, or two dollars ($2) per capita for each person
7 residing in its direct service area, whichever is less, in like
8 manner as that specified for local libraries in subsection (1)
9 above, and it shall also be subject to the same formula of
10 decrease of State-aid if it fails to achieve this prescribed
11 rate of increase of financial effort.
12 After the tenth succeeding year, a county library shall not
13 be eligible for further State-aid under this subsection unless
14 it makes a financial effort equal to one-half mill, or two
15 dollars ($2) per capita for each person residing in the county
16 library service area, whichever is less. During the second five-
17 year period of participation, a county library shall not be
18 eligible for any State-aid under this subsection in any year in
19 which it makes a financial effort less than a financial effort
20 equal to one-quarter mill, or one dollar ($1) per capita for
21 each person residing in such county library's direct service
22 area, whichever is less.
23 Any local library which is providing the sole, direct, free
24 library service in a county, and any county division of a local
25 library operating under a written agreement with a board of
26 county commissioners, shall qualify for State-aid on the same
27 terms and conditions set forth in this subsection for merged or
28 conjoint libraries.
29 After the first six years of participation in State-aid, such
30 merged or conjoint libraries shall not qualify for State-aid
19790S0455B1429 - 7 -
1 unless such libraries are governed by a common board of library
2 directors, and when such merged or conjoint libraries receive
3 public funds from any municipality, said municipality shall be
4 represented on such board of directors. However, a written
5 agreement between a single board of library directors and the
6 municipal officers of a county, city, borough, town, township or
7 school district, shall be equivalent to such common board of
8 library directors and such representation.
9 Provided, however, that the local library which merged with
10 or conjoined a county library shall, in the first year in which
11 it applies for State-aid, include within its financial effort
12 the amount expended by the county library with which it is
13 merged or conjoined and shall qualify for State-aid if the
14 merged or conjoint libraries in the aggregate make a financial
15 effort equal to one-quarter mill, or one dollar ($1) per capita
16 for each person residing in its own direct service area
17 (exclusive of the service area of the county library with which
18 it is merged or conjoined), whichever is less. In each of the
19 succeeding ten years, such local library shall receive the
20 maximum amount of State-aid only when it increases its financial
21 effort, exclusive of the amount expended by the county library
22 with which it is merged or conjoined, by the following scale of
23 percentages of the difference between the financial effort used
24 in combination with the financial effort of the county library
25 with which it is merged or conjoined to qualify initially for
26 State-aid and a financial effort equal to one-half mill, or two
27 dollars ($2) per capita for each person residing in such direct
28 service area, whichever is less:
29 1st succeeding year--10 percent,
30 2nd succeeding year--20 percent,
19790S0455B1429 - 8 -
1 3rd succeeding year--30 percent,
2 4th succeeding year--40 percent,
3 5th succeeding year--50 percent,
4 6th succeeding year--60 percent,
5 7th succeeding year--70 percent,
6 8th succeeding year--80 percent,
7 9th succeeding year--90 percent,
8 10th succeeding year--100 percent.
9 But where the increase is less than that specified above, the
10 amount of State-aid shall be reduced by a percentage equal to
11 one-tenth of the percentage which the difference between the
12 required increase and the actual increase bears to the required
13 increase, multiplied by the number of years of participation in
14 State-aid beyond the first year.
15 The provisions of the foregoing paragraph relating to local
16 libraries merged or conjoined with county libraries shall also
17 apply to local libraries which operate a county division under a
18 written agreement with a board of county commissioners.
19 This subsection shall not be construed to prohibit any county
20 library from receiving an additional or substitute amount of
21 State-aid, if it qualifies under the provisions of the preceding
22 subsection (2) as a county library. However, a local library
23 which is merged or conjoined with a county library may apply for
24 State-aid either under subsections (1) or (3) but shall not be
25 eligible for State-aid under both these subsections.
26 (4) District Library Centers. In the case of a library
27 designated by the State Librarian to serve as a district library
28 center, an additional sum of State-aid shall be given in an
29 amount not exceeding twenty-five cents (25¢) for each person
30 residing in the entire district except that in the case of any
19790S0455B1429 - 9 -
1 State College library, the Pennsylvania State University Library
2 and any privately supported college or university library
3 designated as a district library center, the amount of State-aid
4 shall not exceed twelve and one-half cents (12 1/2¢) for each
5 person residing in the entire district.
6 (5) Regional Library Resource Centers. In the case of a
7 library designated by the State Librarian to serve as a regional
8 library resource center, additional annual State-aid in an
9 amount not to exceed [one hundred thousand dollars ($100,000)]
10 one hundred fifty thousand dollars ($150,000) shall be paid to
11 such library.
12 (6) Equalization Aid. Where a library qualifies for State-
13 aid with a financial effort of less than [one dollar and twenty-
14 five cents ($1.25)] one dollar and seventy-five cents ($1.75)
15 per capita for each person residing in the direct service area
16 of such library, additional State-aid shall be given such
17 library in an amount which shall [equal] not exceed the
18 difference between the per capita value of one-half mill times
19 the market value of taxable property, as determined by the State
20 Tax Equalization Board, in the direct service area of such
21 library and [one dollar and twenty-five cents ($1.25)] one
22 dollar and seventy-five cents ($1.75) per capita for each person
23 residing in its direct service area.
24 (7) Adjustments Necessitated by Appropriation. If the sums
25 appropriated for any fiscal year for making payments provided in
26 this act are not sufficient to pay in full the total amounts to
27 which all qualified libraries are entitled to receive under this
28 act for such year, the allocations to such libraries, subject to
29 the adjustments under the next sentence, shall be ratably
30 reduced to the extent necessary to bring the aggregate of such
19790S0455B1429 - 10 -
1 allocations within the limits of the amount appropriated. The
2 allocation of a qualified library which would be reduced under
3 the preceding sentence to an amount less than its allocation for
4 fiscal year 1976-1977 shall be increased to such amount, the
5 total of the increases thereby required derived by
6 proportionally reducing the allocation of the remaining
7 qualified libraries under the preceding sentence, but with such
8 adjustments as may be necessary to prevent the allocation to any
9 remaining qualified library from being thereby reduced to an
10 amount less than its allocation for fiscal year 1976-1977.
11 Section 2 3. This act shall take effect immediately. <--
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