Existing Regulations - Library Regulations - Exposure Draft - LibGuides at State Library of Pennsylvania

Regulations

Title 22

Education

PART IX. State Library and Advisory Council on Library Development
Subpart A. State Library
Chapter 131. General Provisions; State Aid
Chapter 133. Certification of Library Personnel
Chapter 135. Library Traineeships
Chapter 137. Use of the State Library
Subpart B. Advisory Council on Library Development
Chapter 141. Plans for the Use of State Aid
Chapter 142. Grants for Public Library Facilities
Chapter 143. State Document Depositories

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

Chapter 131. General Provisions; State Aid
Preliminary Provisions

Sec.

131.1. Definitions.
131.2. Purpose of State aid.

Eligibility for State Aid

131.11. Local libraries.
131.12. Percentage State aid to county libraries.
131.13. Per capita State aid to county libraries.
131.14. Per capita State aid to county libraries merged or conjoined with local libraries.
131.15. Per capita State aid to a county library system.
131.16. Per capita State aid to a county library and local library which agree to merge or conjoin.
131.17. District library centers.
131.18. Regional library resource centers.
131.19. Ineligibility for State aid.
131.20. Additional State aid.

Application for and Payment of State Aid

131.31. Application—general.
131.32. Proof of eligibility.
131.33. Plan for use of State aid.
131.34. Payment of State aid.
131.35. Sharing by two or more libraries.
131.36. Reduction of State aid.
131.37. Change of fiscal year.

Determination of Service Area

131.41. Local library.
131.42. Expansion of service area.
131.43. Reduction of service area.
131.44. Plans for expansion or reduction.
131.45. County library.
131.46. Controversies over service areas.
131.47. Contracts for free library services.

Authorized Components of Local Financial Effort

131.51. General.
131.52. Tax funds.
131.53. Gifts.
131.54. Volunteer labor.
131.55. Endowment and investment income.
131.56. Rental fees.
131.57. Nonresident fees.
131.58. Rented quarters.
131.59. Shared utilities; janitorial and other services.
131.60. Capital expenditures.
131.61. Investments.
131.62. Repayment of loans.
131.63. Income from contracts.
131.64. Cost of raising money.

Termination or Reduction of State Aid

131.71. Termination of aid to a local library.
131.72. Termination of aid to a county library merged or conjoined with a local library.
131.73. Reduction of aid to a local library.
131.74. Reduction of aid to a county library merged or conjoined with a local library.

Authority

The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.S. § § 4102, 4201, 4205, 4302—4304 and 4417) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)), unless otherwise noted.

Source

The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.

Preliminary Provisions

§ 131.1. Definitions.

The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

Additional State aid—Aid to be paid in addition to other amounts provided for by The Library Code (24 P.S. § § 4101—4503), up to 50¢ for each dollar expended by the local library in excess of the financial effort equal to $.0005 times market value or $2 per capita for the direct service area, whichever is less. However, total additional State aid may not exceed 25¢ per capita for each person residing in the direct service area.

County library—A local library or division of a local library which derives income from the commissioners of a county for the express purpose of making its resources and services available without charge to all the residents of the county, and to bring direct library service to those county residents not served by other local libraries located within the same county. For the purposes of this subpart, a local library operating a distinct county division shall be considered as two agencies, namely, a local library and a county library which are merged or conjoined.

County library merged or conjoined with a local library—A county library shall be considered merged or conjoined with a local library if one or more of the following conditions exist:

(i) The county library is operating as a department or division of a local library, and the county library service and the local library service are administered by one head librarian under one board of library directors.

(ii) The county library and the local library share staff, library collections and physical facilities but have separate library boards which plan to replace themselves by a single board of library directors for the county and the local library services after 5 years of participation in State aid.

(iii) The county library exists by virtue of a contract for county library service between the county commissioners and a local library board of directors.

(iv) The county library constitutes the sole local library service in the municipality in which its headquarters is located.

(v) The county library and the local library have entered into an agreement to merge or conjoin the two library operations and submit for approval by the State Librarian a plan to replace the two library boards by a single library board of directors within 5 years of participation in State aid.

Direct service area—The municipality to which the governing body of a library is responsible for extending its services without charge. The governing body of a library will be judged to have assumed responsibility for a municipality when it grants free services to the residents of that municipality.

District library center—A library designated as such by the State Librarian and receiving State aid for the purpose of making its resources and services available without charge to all the residents of its district, providing supplementary library services to local libraries within the district, coordinating the services of local libraries within the district which by contract become part of the district library center system, and exchanging, providing or contracting for library services with other district library centers.

Financial effort—The sum expended annually by a local library for the establishment, operation and maintenance of library services in its direct service area, which derives from local taxes, gifts, endowments and other local sources, as may be provided under rules and regulations adopted by the Advisory Council on Library Development, and which is used to determine eligibility for State aid. Local financial effort shall be based upon the last market value figures published by the Pennsylvania State Tax Equalization Board prior to the calendar year in which the library applies for State aid. The use of market value in relation to State aid is intended as an equitable yardstick and may not be construed to mean that a tax on market value, or a property tax of any sort, is a necessary condition for eligibility for State aid. When the population of a municipality changes as a result of a special census the year in which the census was conducted shall coincide with market values issued for that year in determining local financial effort.

Financial effort equal to one-half mill—The financial effort equal to $.0005 times the market value of taxable property, as determined by the Pennsylvania State Tax Equalization Board, in the direct service area of a local library.

Financial effort equal to one-quarter mill—The financial effort equal to $.00025 times the market value of taxable property, as determined by the Pennsylvania State Tax Equalization Board, in the direct service area of a local library.

Fiscal year—A library’s fiscal year shall end on either December 31 or June 30.

Local library—A free public nonsectarian library, whether established and maintained by a municipality or by a private association, corporation or group, which serves the informational, educational and recreational needs of all the residents of the area for which its governing body is responsible, by providing free access (including free lending and reference services) to an organized and currently useful collection of printed items and other materials and to the services of a staff trained to recognize and provide for these needs.

Municipality—A county, city, borough, town, township or a school district of the second, third or fourth class, which establishes or maintains a local library.

Per capita—Amounts determined on the basis of the latest official United States Census reports. Per capita is a unit of measurement for library expenditures or the payment of State aid derived by dividing a given sum of money by the total population of a municipality. Special census reports of the United States Census Bureau issued between dicennial censuses are also regarded as official.

Per capita State aid—State aid granted at a per capita rate as provided in section 303(1),(3) and (4) of The Library Code (24 P.S. § 4303(1), (3) and (4)).

Percentage State aid—State aid granted to a county library as a percentage of the county appropriation as provided in section 303(2) of The Library Code.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

Source

The provisions of this § 131.1 adopted June 21, 1969; amended April 21, 1972, effective April 22, 1972, 2 Pa.B. 721. Immediately preceding text appears at serial pages (3253) to (3255).

§ 131.2. Purpose of State aid.

The purpose of financial assistance to local public libraries by the Commonwealth is to encourage and enable the improvement of public library service throughout this Commonwealth and thereby to fulfill those educational, informational and recreational needs of its residents served by public library agencies. Decisions related to the granting of aid to a given library will be influenced by this objective.

Source

The provisions of this § 131.2 adopted March 29, 1962.

Eligibility for State Aid

§ 131.11. Local libraries.

(a) To be eligible to receive State aid for any year, a local library shall have made a financial effort for the most recently completed calendar or library fiscal year equal to or exceeding $.00025 times market value, or $1 per capita, whichever is less, for the municipalities on behalf of which it applies for State aid.

(b) To remain eligible to receive the full amount of State aid for the years following the first year of participation in State aid, the financial effort of the local library shall increase over a period of 5 years to a sum equal to $.0005 times market value, or $2 per capita, whichever is less, for the municipalities on behalf of which it applies for aid. The annual rate of increase shall be at least 20% of the difference between the initial qualifying local financial effort and a financial effort equal to $.0005 times market value, or $2 per capita, whichever is less.

Source

The provisions of this § 131.11 adopted March 29, 1962.

Cross References

This section cited in 22 Pa. Code § 131.37 (relating to change of fiscal year).

§ 131.12. Percentage State aid to county libraries.

(a) A local library which is financed all or in part by a county government shall be eligible to receive up to $8,000 in State aid on a percentage basis as provided in section 303(2) of The Library Code (24 P.S. § 4303(2)). To receive percentage State aid, no specific minimum income from the county government is required, but only those funds appropriated by the county government may be counted.

(b) A formula for the amount of percentage State aid is set forth in section 303(2) of The Library Code, which also provides that no library receiving State aid prior to and at time of approval of The Library Code shall receive less State aid as a result of the provisions therein.

(c) Percentage State aid may be granted to only one library to which the county government has appropriated funds and has delegated the responsibility of providing public library service to the residents of the county not otherwise served.

Source

The provisions of this § 131.12 adopted March 29, 1962.

§ 131.13. Per capita State aid to county libraries.

A county library shall be eligible to receive per capita State aid, in addition to percentage State aid, when it meets the requirements for eligibility set forth for local libraries in section 303(1) of The Library Code (24 P.S. § 4303(1)). The aid shall be based on the county library service area as defined during the year of its application.

Source

The provisions of this § 131.13 adopted March 29, 1962.

§ 131.14. Per capita State aid to county libraries merged or conjoined with local libraries.

(a) A county library merged or conjoined with a local library shall be eligible to receive per capita State aid, in addition to percentage State aid, when the combined financial effort of the two sections of the merged or conjoined library which derives from local sources is equal to or exceeds $.00025 times market value, or $1 per capita, whichever is less, for each of its two service areas as provided in section 303(3) of The Library Code (24 P.S. § 4303(3)).

(b) To remain eligible for full per capita State aid, the financial effort for both of the merged or conjoined library sections shall increase to an amount equal to or exceeding $.0005 times market value or $2 per capita, whichever is less, for both of its two service areas as provided in section 303(3) of The Library Code.

Source

The provisions of this § 131.14 adopted March 29, 1962.

§ 131.15. Per capita State aid to a county library system.

If a group of local libraries forms a cooperative county library system, they may pool their annual expenditures to qualify themselves and the county library for per capita State aid on behalf of their combined service areas. In such case, one of the local libraries shall be considered merged or conjoined with the county library and both shall be eligible under section 303(3) of The Library Code (24 P.S. § 4303(3)).

Source

The provisions of this § 131.15 adopted March 29, 1962.

§ 131.16. Per capita State aid to a county library and local library which agree to merge or conjoin.

A county library and another local library may seek State aid as merged or conjoined libraries as provided in section 303(3) of The Library Code (24 P.S. § 4303(3)), if, prior to application for State aid as such, the two library boards of directors enter into an agreement to merge the boards in accordance with section 411 of The Library Code (24 P.S. § 4411) by the end of 5 years of participation in State aid as merged or conjoined libraries. An agreement shall be approved by resolution of the municipal governments involved if the members of one or both of the library boards of directors are appointed by those governments.

Source

The provisions of this § 131.16 adopted March 29, 1962.

§ 131.17. District library centers.

A local library may not receive State aid as a district library center unless it can first qualify in full for State aid as a local library, except that the State Librarian may waive this requirement for no more than 2 consecutive years upon receipt of evidence that the financial ability of the community is substantially curtailed or steps are being taken to become fully qualified during the year succeeding the one in which the library first failed to qualify fully.

Source

The provisions of this § 131.17 adopted March 29, 1962.

§ 131.18. Regional library resource centers.

A library designated by the State Librarian to serve as a regional library resource center shall be eligible to receive State aid annually as provided in section 303(5) of The Library Code (24 P.S. § 4303(5)) when its plan for use of such funds is approved by the State Librarian in accordance with Chapter 141 (relating to plans for the use of State aid).

Source

The provisions of this § 131.18 adopted March 29, 1962.

§ 131.19. Ineligibility for State aid.

(a) Registration fee. A library which charges a registration fee for service is not eligible for State aid.

(b) Annual fee for service. A library is not eligible to receive State aid on behalf of a municipality the residents of which are required to pay an annual fee for service.

(c) Plans subject to approval. Each library desiring to receive State aid shall submit to the State Librarian a plan for the use of the funds and no payment of State aid will be made until the plan is approved by the State Librarian in accordance with Chapter 141 (relating to plans for the use of State aid).

(d) School-public libraries. Libraries of elementary and secondary schools, both public and private, and of institutions of higher education, are not eligible to receive State aid even though the libraries may be rendering services to the general public, with the following exceptions:

(1) College or university libraries designated by the State Librarian as district library centers and eligible for State aid under section 303(4) of The Library Code (24 P.S. § 4303(4)).

(2) The Pennsylvania State University Library which is cited in section 209 of The Library Code (24 P.S. § 4209) as a Regional Library Resource Center and is eligible to receive State aid under section 303(5) of The Library Code.

Source

The provisions of this § 131.19 adopted October 7, 1963.

§ 131.20. Additional State aid.

To be eligible for additional State aid, a local library, county library or county library merged or conjoined must make a minimum financial effort equal to $.0005 or $2 per capita for each person residing in the direct service area, whichever is less, during the same fiscal year in which it qualifies for per capita State aid.

Source

The provisions of this § 131.20 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 721.

Application for and Payment of State Aid

§ 131.31. Application—general.

Application for State aid shall be made in accordance with instructions provided by the State Library and shall be submitted to the State Library by October 1.

Source

The provisions of this § 131.31 adopted June 10, 1969.

§ 131.32. Proof of eligibility.

To show that the library meets the requirements for eligibility in Article III of The Library Code (24 P.S. § § 4301—4304), supporting documents shall be submitted as follows

(1) Percentage State aid documentation. The library board shall submit two copies of the resolution prepared by a county official certifying to the amount of those funds appropriated by the county government in the current year to the library as a county library. The copies of the resolution shall accompany or precede the application for State aid.

(2) Per capita State aid documentation. Per capita State aid documentation shall conform with the following: For expenditures made during a fiscal year completed prior to the October 1 deadline for filing the application for State aid, an independent auditor’s report, performed in accordance with generally accepted auditing standards, of the entire operation, which includes income from all sources and related expenditures and fund balances of the library during the fiscal year ending December 31 or June 30 shall accompany or precede the application for State aid. The audit shall be filed every year for libraries which receive annually $50,000 or more in State income or every third year, with a financial review filed in the years that an audit is not required, for libraries which receive annually less than $50,000 in State income. Libraries which have total operating expenditures of less than $50,000 and which receive annually less than $15,000 in State income shall have 2 years from the effective date of this section to comply. Because State aid and Federal funds do not constitute local financial effort, local financial effort will be determined by subtracting the total amount of State aid and Federal funds paid to the library during its fiscal year from the total expenditures of the library that year. The balance remaining shall be regarded as the local effort of the library for that year, less expenditures that are declared ineligible by this chapter. State aid shall be considered fully spent at the end of each year in which it is received by a library.

(3) Statistical report. An annual State statistical report shall be submitted as required by the State Library.

Authority

The provisions of this § 131.32 amended under sections 201(15), 204(5) and 303(b) of The Library Code (24 P.S. § § 4201(15), 4204(5) and 4303(b) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)).

Source

The provisions of this § 131.32 adopted June 10, 1969; amended November 21, 1975, effective November 22, 1975, 5 Pa.B. 3024; corrected April 24, 1981, effective February 14, 1981, 11 Pa.B. 1386; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 260. Immediately preceding text appears at serial pages (60496) to (60497).

Cross References

This section cited in 22 Pa. Code § 131.63 (relating to income from contracts); and 22 Pa. Code § 141.13 (relating to unexpended balances).

§ 131.33. Plan for use of State aid.

A payment of State aid may not be made until the library submits a plan for its use in accordance with instructions provided by the State Library and until the plan is approved by the State Librarian. Plans shall be submitted and judged in accordance with Chapter 141 (relating to plans for the use of State aid).

Source

The provisions of this § 131.33 adopted June 10, 1969.

§ 131.34. Payment of State aid.

(a) State aid for a municipality shall be paid only to the library board of directors responsible for service to the municipality, and may be granted only once in any year on the basis of the population of the municipality; provided that, in the case of a municipality served by a library governed, under a home rule charter adopted under the Home Rule Charter and Optional Plans Law (53 P.S. § § 1-101—1-1309), by an agency other than a library board of directors, the aid may be paid to the municipal government. Except as provided in this subsection, State aid for district library service shall be paid only to the board of directors of the library agency designated as a district library center by the State Librarian.

(b) State aid shall be paid as soon as possible after receipt and approval of the application of the library, verification of eligibility, and approval of the plan of the library for its use.

Source

The provisions of this § 131.34 adopted June 10, 1969; amended March 3, 1978, effective March 4, 1978, 8 Pa.B. 487. Immediately preceding text appears at serial page (24574).

§ 131.35. Sharing by two or more libraries.

Two or more libraries may divide State aid in accordance with section 417 of The Library Code (24 P.S. § 4417), but State aid shall be paid to only one library board of directors upon approval by the State Librarian of the terms of an agreement previously entered into among the boards of directors of the several libraries.

Source

The provisions of this § 131.135 adopted June 10, 1969.

§ 131.36. Reduction of State aid.

The full amount of per capita aid, additional aid, district library center aid and regional library resource center aid authorized by section 303 of The Library Code (24 P.S. § 4303) will be paid if sufficient funds are appropriated by the General Assembly. If an insufficient amount of money is appropriated, each type of aid will be reduced proportionately

Source

The provisions of this § 131.36 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 721.

§ 131.37. Change of fiscal year.

If a library wishes to change its fiscal year from that under which it initially qualified for aid as provided in § 131.11(a) (relating to local libraries), it may do so subject to the following conditions:

(1) Prior to the beginning of the fiscal year which it proposes to adopt, the library must file with the State Librarian a request for approval of the change.

(2) If the change is to a fiscal year ending December 31, the local financial effort during the year ending on the June 30 following the end of the proposed fiscal year must equal or exceed the local financial effort during the proposed fiscal year. If the change is to a year ending June 30, the local financial effort of the library during the fiscal year ending December 31 preceding June 30 of the proposed fiscal year must equal or exceed the local effort of the proposed fiscal year. The aid shall be determined by the local financial effort of the old fiscal year if it is smaller than the local financial effort of the proposed year.

(3) If the local financial effort of the old fiscal year is lower than that of the proposed fiscal year, the library shall file another request and again follow the procedure specified in paragraphs (1) and (2) to achieve the change.

(4) Approval by the State Librarian of a request to change a fiscal year will not be final until the local financial effort of the old fiscal year equals or exceeds the local financial effort of the proposed fiscal year. When the approval is final, the adopted fiscal year must remain unchanged for a minimum of ten years.

Source

The provisions of this § 131.37 adopted October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917.

Determination of Service Area

§ 131.41. Local library.

A local library initially may apply for State aid for the municipality in which it is located, and for as many of the other municipalities in its direct service area on behalf of which it can qualify for State aid with the required local financial effort. After 5 years of participation in State aid, however, the local library may only qualify for State aid with the local financial effort required for all the municipalities to which it offers its services free of charge.

Source

The provisions of this § 131.41 adopted March 29, 1962.

§ 131.42. Expansion of service area.

A local library may expand its direct service area to receive State aid at any time it is able to meet the local financial effort required of $.00025 times market value of taxable property of the municipality or municipalities added, if it complies with the following conditions:

(1) The municipality or municipalities for which State aid is sought are contiguous to the existing service area for which State aid is received.

(2) No other library has a prior claim to the municipality or municipalities in its own direct service area.

(3) All the municipal authorities affected agree to the inclusion of the municipality in the direct service area of the library.

Source

The provisions of this § 131.42 adopted March 29, 1962.

§ 131.43. Reduction of service area.

A local library may reduce its direct service area by not applying for State aid for municipalities which it plans to exclude from the direct service area to which it gives its services free of charge. The municipal authorities affected shall be so notified.

Source

The provisions of this § 131.43 adopted March 29, 1962.

§ 131.44. Plans for expansion or reduction.

If a library intends to expand or reduce its direct service area it shall perform all of the following:

(1) Notify the municipal authorities of the municipalities affected.

(2) Notify the county library board of directors if one exists within the same county.

(3) Include a description and justification of the action in its plan for the use of State funds submitted for approval by the State Librarian.

(4) Append to the plan for the use of State funds copies of the notification sent to the municipal authorities of the municipalities affected, and to the county library board of directors, if one exists within the same county, and of agreements received from the municipal authorities or county library board of directors.

Source

The provisions of this § 131.44 adopted March 29, 1962.

§ 131.45. County library.

(a) The direct service area of a county library shall be the whole county less those municipalities which form the direct service areas of other local libraries. If a new local library is legally formed within the county, its service area shall be subtracted from the county library service area. Conversely, if a local library ceases to claim a municipality in its own direct service area, that municipality shall be added to the county library service area and shall be counted when determining the local financial effort required of the county library for receiving State aid.

(b) A county library may only receive State aid on the basis of the whole county library service area as defined during the year of its application.

Source

The provisions of this § 131.45 adopted March 29, 1962.

§ 131.46. Controversies over service areas.

The State Librarian is authorized to act as arbiter in defining the direct service area of a library in the event a municipality is claimed by more than one library as part of any library service area. In such arbitration, opportunity shall be afforded the municipal authorities of the municipality affected to express their wishes with respect to library service.

Source

The provisions of this § 131.46 adopted March 29, 1962.

§ 131.47. Contracts for free library services.

A board of library directors of a local library or district center library may enter into a contract with the officers of a municipality to provide free library service to the residents and the taxpayers of that municipality or with another board of library directors to provide free service to the residents and taxpayers of all or a portion of the service area for which it is responsible. However, before any such contract is negotiated which would result in a library providing free service to residents of a library district other than the one in which it is situated, notice with opportunity to participate in the negotiation shall be given to the head librarians of the two district library centers involved. The contract shall be effective only upon approval of the State librarian.

Source

The provisions of this § 131.47 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1084.

Authorized Components of Local Financial Effort

§ 131.51. General.

Cash receipts of a local library, except State and Federal funds that are specifically designated to finance libraries, which are expended for annual public library operating costs shall be allowed as local financial effort, subject to this chapter. Moneys derived from local sources, or from Federal or State sources that are not specifically designated to finance libraries, which are paid directly to employes by a municipal government, or agency thereof, for work in and for a public library shall also be allowed as local financial effort.

Source

The provisions of this § 131.51 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended May 14, 1976, effective May 15, 1976, 6 Pa.B. 1098; amended May 28, 1976, effective May 29, 1976, 6 Pa.B. 1225. Immediately preceding text appears at serial page (24576).

§ 131.52. Tax funds.

(a) Library income expended for public library service which derives from local taxes, whether received through a direct library tax or appropriation from the municipal authorities, may be counted as part of local financial effort, but a local library which receives an appropriation from a county library board of directors deriving from county and State funds may count as local financial effort only that proportion of the county library appropriation which derives from county funds and which excludes the proportion deriving from State funds.

(b) County funds may not be counted as part of the local effort of a local library if they are a component of the local financial effort with which the county library or the county library board qualifies for per capita State aid. Per capita aid will be paid to only one library for the expenditure of a given amount of local money.

Source

The provisions of this § 131.52 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended April 21, 1972, 2 Pa.B. 721. Immediately preceding text appears at serial page (3263).

§ 131.53. Gifts.

Gifts of money which are expended for public library service may be counted as part of local financial effort, and the monetary value of gifts of books, supplies or other operating materials may be included as part of the local financial effort of the library if the items were purchased specifically for the library. In cases where value for the items is claimed, the library shall have available among its records receipts or invoices which clearly show the cost of the items and indicate that the purchase was made specifically for presentation to the library. The value of gifts in kind not specifically purchased for the library is not allowable as a portion of local financial effort.

Source

The provisions of this § 131.53 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

§ 131.54. Volunteer labor.

The value of volunteer labor contributed to a library is not allowable as a portion of local financial effort.

Source

The provisions of this § 131.54 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

§ 131.55. Endowment and investment income.

Library income expended for public library service which derives from endowments or investments may be counted as part of local financial effort, but no funds invested to increase the endowment or investment income shall be allowable as a portion of local financial effort.

Source

The provisions of this § 131.55 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

§ 131.56. Rental fees.

Library income expended for public library service which derives from rental of the library’s meeting rooms, part of its facilities or real estate holdings may be counted as part of local financial effort, and a library which charges rental fees for books may count that income as part of its local financial effort only if it makes available to its patrons an equal or larger quantity of new, free, informational and recreational materials of a parallel nature to those in the rental collection, or which duplicate the rental collection.

Source

The provisions of this § 131.56 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

§ 131.57. Nonresident fees.

A library may charge an annual nonresident fee to patrons who do not reside in or are not taxpayers to municipalities from which public funds are received and for which State aid is claimed, and the income may be counted as part of the local financial effort of the library.

Source

The provisions of this § 131.57 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

§ 131.58. Rented quarters.

Library expenditures for rent paid to a landlord other than the municipal authorities or its own board of library directors may be included as part of the local financial effort of a library. Local effort credit will not be allowed on the estimated or prorated value of annual rent for library quarters occupied without charge.

Source

The provisions of this § 131.58 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (24579).

§ 131.59. Shared utilities; janitorial and other services.

In instances where a library shares utilities, supplies, janitorial or other services with a municipality or some other agency, without paying for them, the value of these items may be calculated and included as part of local financial effort. In such instances, however, the statement reporting the value of the items shall be accompanied by a report of the total expenditures by the municipality or other party for the items in which the library shares. The cost of repairs to or alterations of a shared building or to the grounds around it may not be included as local financial effort unless the repairs or alterations are to the part of the building occupied exclusively by the library. The local effort allowed for the shared services covered by the subsection shall not exceed 15% of the library’s total allowable local effort.

Source

The provisions of this § 131.59 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended November 21, 1975, effective November 22, 1975, 5 Pa.B. 3024. Immediately preceding text appears at serial page (6899).

§ 131.60. Capital expenditures.

(a) Capital expenditures shall conform with the following:

(1) The amount of capital expenditures included within local financial effort may not exceed 10% of the total operating expenditures of the library. The capital expenditures shall include those made for the following:

(i) Construction and equipment and furnishings for the construction.

(ii) Major renovation which would add to the useable floor space of the library and equipment and furnishings for the added facilities.

(iii) Purchase of real estate for new or rehabilitated library facilities.

(2) The capital expenditures may not include mortgage payments which amount to less than 10% of the total operating expenditures of the library.

(i) The mortgage payments shall be included within the total operating expenditures of the library, but any amount of mortgage payment, other than interest, in excess of 10% of the total operating expenditures of the library shall be counted as capital expenditures and shall not be included when determining local financial effort.

(ii) A portion of a mortgage payment or bond amortization other than interest shall not be included as a component of local financial effort in the case of debt incurred to provide matching funds for a grant under terms of Title II of the Library Services and Construction Act (20 U.S.C.A. § § 355a—355c).

(b) Construction of a new building or major renovation which adds to the useable floor space shall be considered completed during the reporting year of the library when the space is opened for public use. Except for obligations incurred during the period of construction, expenditures for equipment and furnishing of the new facilities made in the year or years following shall be included within the total operating expenditures of the library. Expenditures made for equipment and furnishing of the new facilities made during a library’s reporting year prior to the year construction or renovation begins shall be included within the total operating expenditures of the library.

(c) Interest payments, maintenance of existing library facilities, such as redecoration and repairs, and addition or replacement of equipment and furnishings to be used in existing library facilities shall not be considered capital expenditures but shall be included as operating expenditures when determining local financial effort. Funds expended for the purchase of bookmobiles or amounts set aside annually toward the purchase of bookmobiles, but not both, shall be considered operating expenditures when determining local financial effort.

Source

The provisions of this § 131.60 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial pages (24579) to (24580).

§ 131.61. Investments.

Funds invested for library income may not be included as part of local financial effort. The investments include the purchase of stocks, bonds, long and short term notes, real estate acquired for income purposes, deposits in savings accounts or savings and loan associations, or other purchases for income or capital appreciation.

§ 131.62. Repayment of loans.

Funds expended for the repayment of cash loans made to a library against anticipated income may not be included as part of local financial effort.

Source

The provisions of this § 131.62 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

§ 131.63. Income from contracts.

(a) A library which receives money from another library by contract to render services may not include the money as part of its local financial effort if the other library has used it as part of its local financial effort to qualify for per capita State aid or if the money is State or Federal money.

(b) Money paid to and spent by a local library to administer or provide a service outside of its direct service area may not be included as a component of local financial effort.

(c) Income from and expenditures resulting from contracts shall be clearly identified in the report of the auditor or treasurer of the library specified in § 131.32(2) (relating to proof of eligibility) and the statistical report specified in § 131.32(3).

Source

The provisions of this § 131.63 adopted March 29, 1962; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (24580).

§ 131.64. Cost of raising money.

Funds expended to raise or procure money for the library may not be included as part of local financial effort. The expenditures shall include, but are not limited to, the cost of fund campaigns, prizes for lotteries, maintenance costs of income-producing properties, fees paid to tax collectors and administrators of trusts or endowments, and commissions and taxes on the sale or transfer of property.

Source

The provisions of this § 131.64 adopted November 21, 1975, effective November 22, 1975, 5 Pa.B. 3025.

Termination or Reduction of State Aid

§ 131.71. Termination of aid to a local library.

A local library shall cease to qualify for State aid for either of the following reasons:

(1) If, in the sixth year of participation in State aid, the local financial effort has not reached a sum equal to or exceeding $.0005 times market value, or $2 per capita, whichever is less. State aid will not be restored until such time as the local financial effort does reach or exceed $.0005 times market value, or $2 per capita, whichever is less.

(2) If, after 6 years from the first payment of State aid, a local library is unable to achieve the applicable standards of service because its required local financial effort plus State aid is insufficient. Continuation of State aid in such cases shall be subject to the approval by the State Librarian of an extension of time in which to reach the applicable standards, as provided in section 304 of The Library Code (24 P.S. § 4304).

Source

The provisions of this § 131.71 adopted March 29, 1962.

§ 131.72. Termination of aid to a county library merged or conjoined with a local library.

A county library which is merged or conjoined with a local library shall cease to qualify for per capita State aid for either of the following reasons:

(1) If the merged or conjoined libraries do not have a single library board of directors after 5 years of participation in State aid.

(2) If, in the 11th year of participation in State aid, the local financial effort has not reached a sum equal to or exceeding $.0005 times market value, or $2 per capita, whichever is less. State aid will not be restored until such time as the local financial effort does reach or exceed $.0005 times market value, or $2 per capita, whichever is less.

Source

The provisions of this § 131.72 adopted March 29, 1962.

§ 131.73. Reduction of aid to a local library.

State aid to a local library shall be reduced by the formula specified in section 303(1) of The Library Code (24 P.S. § 4303(1)) if the library fails to increase its local financial effort by the scale of increase set forth in that section.

Source

The provisions of this § 131.73 adopted March 29, 1962.

§ 131.74. Reduction of aid to a county library merged or conjoined with a local library.

Per capita State aid to a county library which is merged or conjoined with a local library shall be reduced by the formula specified in section 303(3) of The Library Code (24 P.S. § 4303(3)) if the library fails to increase its local financial effort by the scale of increase set forth in that section.

Source

The provisions of this § 131.74 adopted March 29, 1962.

Chapter 133. Certification of Library Personnel

Sec.

133.1. Purpose of certification.
133.2. Procedure for certification.
133.3. Certification committee.
133.4. Professional librarian.
133.5. Provisional librarian.
133.6. Library assistant.
133.7. Reciprocity with other states.
133.8. In-service training programs.

Authority

The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.S. § 4201(13)) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)), unless otherwise noted.

Source

The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.

§ 133.1. Purpose of certification.

The purpose of certification by the State Librarian is to implement the responsibility to counsel local libraries on minimum standards, as required in section 201(5) of the Library Code (24 P.S. § 4201(5)). Certification is also designed to facilitate recognition of qualified persons by the local library boards of the Commonwealth when employing staff, extending services to larger service areas, and entering into cooperative service arrangements.

Source

The provisions of this § 133.1 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (6902).

§ 133.2. Procedure for certification.

(a) Application. Application for certification shall be made in accordance with instructions provided by the State Library.

(b) Examination. Certification examinations will be prepared under the auspices of the State Librarian and shall be offered as often as necessary, but not less than once annually. Applicants for examinations will be notified of the time and place of the examination not less than 6 weeks prior to the date of the examination.

(c) Certificate. Upon successful completion of certification requirements, an applicant will be awarded an official certificate prepared by the State Library, which will be valid without requiring renewal but, upon recommendation of the State Librarian, will be subject to annulment by the Department of Education under section 1211 of the Public School Code of 1949 (24 P.S. § 12-1211). Persons to whom certificates are issued by virtue of the position they held on June 14, 1961, as prescribed in section 201(13) of the Library Code (24 P.S. § 4201(13)), and in § § 133.4(3), 133.5(3) and (4) and 133.6(4) and (5) (relating to professional librarian; provisional librarian; and library assistant), will be certified only so long as they remain in the same category of position held at the time of certification.

Source

The provisions of this § 133.2 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (6902).

§ 133.3. Certification committee.

The State Librarian may appoint a certification committee consisting of three members, no more than one of whom shall be an employe of the State Library. The State Librarian shall be an ex officio member of the committee. The certification committee shall advise the State Librarian with respect to all certification matters.

Source

The provisions of this § 133.3 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (3269).

§ 133.4. Professional librarian.

Upon application to the State Librarian a certificate of professional librarian shall be issued if the applicant meets one or more of the following requirements:

(1) Has at least a bachelor’s degree from a 4-year college or university approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has a 5th-year degree in library service from a school approved by the appropriate Commonwealth agency or accredited by the American Library Association.

(2) Successfully passes an examination given under the auspices of the State Librarian demonstrating knowledge and experience equivalent to the academic requirements of paragraph (1).

(3) Was employed on June 14, 1961, as a head librarian in a Commonwealth public library, the individual service area of which contained more than 20,000 persons.

(4) Was employed in a Commonwealth public library on June 14, 1961, in a position which was classified by the employer as requiring a professional librarian.

(5) Is certified as a professional librarian or the equivalent by another state or country, and who, to the satisfaction of the State Librarian has qualifications equivalent to those required of other applicants.

Source

The provisions of this § 133.4 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (3269).

Cross References

This section cited in 22 Pa. Code § 133.2 (relating to procedure for certification).

§ 133.5. Provisional librarian.

Upon application to the State Librarian, a certificate of provisional librarian will be issued if the applicant meets one or more of the following requirements:

(1) Has at least a bachelor’s degree from a 4-year college or university approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has completed at least 12 credit hours of courses in library service at institutions approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools or equivalent accrediting agency.

(2) Successfully passes an examination given under the auspices of the State Librarian demonstrating knowledge and experience equivalent to the academic requirements of paragraph (1).

(3) Was employed on June 14, 1961, as a head librarian in a Commonwealth public library, the individual service area of which contained from 10,000 to 19,999 persons.

(4) Was employed in a Commonwealth public library on June 14, 1961, in a position which was classified by the employer as requiring a provisional librarian.

(5) Is certified as a provisional librarian or the equivalent by another state or country, and who, to the satisfaction of the State Librarian has qualifications equivalent to those required of other applicants.

Source

The provisions of this § 133.5 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial pages (3269) to (3270)

Cross References

This section cited in 22 Pa. Code § 133.2 (relating to procedure for certification).

§ 133.6. Library assistant.

Upon application to the State Librarian a certificate of library assistant will be issued if the applicant meets one or more of the following requirements:

(1) Has completed at least 2 academic years of college education in an institution approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has successfully completed 9 credit hours of courses in library service at institutions approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools or equivalent accrediting agency.

(2) Has completed at least two academic years of college education in an institution approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has completed a minimum of one year of in-service training in library work that has been approved by the State Librarian.

(3) Successfully passes an examination given under the auspices of the State Librarian demonstrating knowledge and experience equivalent to the requirements in paragraph (1) or (2).

(4) Was employed on June 14, 1961, as a head librarian in a Commonwealth public library, the individual service area of which contained 9,999 persons or less.

(5) Was employed in a Commonwealth public library on June 14, 1961, in a position which was classified by the employer as requiring a library assistant.

(6) Is certified as a library assistant or the equivalent by another state or country, and who, to the satisfaction of the State Librarian has qualifications equivalent to those required of other applicants.

Source

The provisions of this § 133.6 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial pages (3270) and (56579).

Cross References

This section cited in 22 Pa. Code § 133.2 (relating to procedure for certification); and 22 Pa. Code § 141.21 (relating to local libraries).

§ 133.7. Reciprocity with other states.

Upon application to the State Librarian, persons holding equivalent certification from other states and countries which have entered into reciprocal agreements with the State Librarian to give full faith and credit to Pennsylvania certificates may be certified as professional librarians, provisional librarians, or library assistants without having to pass a written examination.

§ 133.8. In-service training programs.

Libraries, library schools, colleges, universities and library extension agencies which develop in-service training programs of systematic on-the-job instruction in library work designed to meet the certification requirements set forth in this Chapter shall submit the plans for the programs to the State Librarian for approval if such programs are intended to satisfy certification requirements.

Chapter 135. Library Traineeships

Sec.

135.1. Definitions.
135.2. Applications.
135.3. Eligibility.
135.4. Examination.
135.5. Selection.
135.6. Contract for employment by State Library.
135.7. Phase I, on-the-job training.
135.8. Phase II, service in the interest of the Commonwealth.
135.9. Penalties.

Authority

The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.S. § § 4201(15) and 4205—4208) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)), unless otherwise noted.

Source

The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.

§ 135.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Approved graduate library school—Any graduate library school inside or outside of this Commonwealth which is accredited by the American Library Association.

Approved Pennsylvania library—Any library in this Commonwealth which complies with the following conditions:

(i) When the salary of a library trainee is paid with Federal funds the approved library is required to provide public library services under section 303 of The Library Code (24 P.S. § 4303) and meet the conditions for use of such Federal funds.

(ii) The State Librarian may limit the number of library trainees employed by a single library and he shall approve the position accepted by the library trainee as long as the trainee is under contract with the Commonwealth.

Full-time employment—The work week regarded as full-time by the State Library or by the approved Commonwealth library in which the trainee is serving under agreement with the Commonwealth, not to be less than 35 hours.

Library trainee—A person selected and employed by the State Library in the personnel classification of library trainee and who receives on-the-job training for no more than one calendar year in an institution of higher education as a candidate for a graduate degree in library service.

Cross References

This section cited in 22 Pa. Code § 135.6 (relating to contract for employment by State Library).

§ 135.2. Applications.

Applications for examination for library trainee will be furnished by the Civil Service Commission of the Commonwealth.

§ 135.3. Eligibility.

Eligibility to take the examinations for library trainee shall be determined by the Civil Service Commission of the Commonwealth and shall include the conditions for employment set by the Commission for the State Library.

§ 135.4. Examination.

Written and oral examinations for library trainees shall be conducted by the Civil Service Commission of the Commonwealth and shall be designed to show aptitude for learning the principles and practices of library science rather than to demonstrate previous knowledge of the field.

§ 135.5. Selection.

Candidates for library trainee shall be selected by the State Librarian from an employment list established by the Civil Service Commission of the Commonwealth which ranks successful candidates in order of final earned ratings.

§ 135.6. Contract for employment by State Library.

A candidate selected for and accepting employment as a library trainee shall execute a contract with the Commonwealth whereby, he promises to comply with the following:

(1) Attend an approved graduate library school as a full-time candidate for a master’s degree in library service.

(2) Perform full-time employment for the Commonwealth, as defined in § 135.1 (relating to definitions).

(3) Accept the penalties specified in § 135.9 (relating to penalties) for failure to comply with the terms of the contract.

§ 135.7. Phase I, on-the-job training.

(a) During the first year as a library trainee, the trainee shall attend as a full-time student an approved graduate library school to be selected by the library trainee. For those library trainees paid from funds received, under the Library Services and Construction Act (20 U.S.C.A. § 351 et seq.), the course of study shall be directed toward public librarianship. The course of study, in any case, shall lead to a master’s degree in library service within one calendar year or within the normal duration of time required by the school to attain a master’s degree except that any library trainee who must discontinue his academic courses due to sickness, pregnancy, accident, military duty, or any reason beyond his control, may upon approval of the State Librarian be continued as a library trainee on an inactive basis, and at a later time resume full-time academic work. In such a case, the library trainee shall be dropped from the State Library payroll until he resumes active status. The State Librarian will decide the length of time such person is to be continued on such an inactive basis and such time shall not be counted for purposes of computing the duration of services required to be performed by the library trainee.

(b) To remain on the State Library payroll as a library trainee, the trainee shall maintain academic standing satisfactory to the proper authorities of the graduate library school and leading to graduation within the normal duration of time required by the school to obtain a master’s degree. If such satisfactory standing is not maintained, the library trainee shall be subject to the penalties described in § 135.9 (relating to penalties). If the trainee selects a school requiring more than one calendar year to attain a master’s degree, he shall be reimbursed by the State only for his first calendar year as a master’s degree student.

(c) No library trainee shall retain trainee status if he voluntarily drops from the State Library payroll. In such a case he shall be subject to the penalties described in § 135.9.

§ 135.8. Phase II, service in the interest of the Commonwealth.

(a) Within six months of receiving a master’s degree in library service and of being dropped from the State Library payroll as a library trainee, the library trainee shall commence to fulfill his contractual obligation to the Commonwealth by performing full-time library duties in an approved Commonwealth library for a period twice the length of time the library trainee is on the State Library payroll as a library trainee, but not to exceed two years, except as follows:

(1) Any library trainee who has graduated from a graduate library school and has accepted employment in an approved Commonwealth library but who cannot continue such employment because of sickness, pregnancy, accident, military duty, or because of any reason beyond his control, may upon approval of the State Librarian postpone fulfilling such contractual obligation and shall be continued on an inactive basis. At a later time, such library trainee may resume employment and satisfy any remaining obligation, provided such obligation is fully satisfied within no more than two years from being reinstated on an active basis.

(2) In such cases the State Librarian shall decide the length of time such person is to be continued on an inactive basis, and such time shall not be counted for purposes of computing the duration of services required to be performed by the library trainee.

(b) If the library trainee fails to meet the obligation specified in subsection (a) and to fulfill the terms of his contract with the Commonwealth he shall be subject to the penalties described in § 135.9 (relating to penalties).

§ 135.9. Penalties.

(a) Any library trainee found to be in breach of the contract he has executed with the Commonwealth for any of the reasons set forth in this chapter or for any other reason shall be subject to the penalty outlined under the terms of the contract he has executed with the Commonwealth.

(b) The library trainee shall commence refunding the Commonwealth funds within six months after being notified by the State Librarian that the obligation of refunding has accrued.

(c) For the purpose of insuring that the investment of the Commonwealth in the training of the library trainee is not wasted or lost, and that the purposes of the traineeship program are not frustrated, the library trainee shall refund all of the training costs paid to the graduate library school in his name. Repayment shall be exonerated on a prorated basis for each month of service completed.

Cross References

This section cited in 22 Pa. Code § 135.6 (relating to contract for employment by State Library); 22 Pa. Code § 135.7 (relating to Phase I, on-the-job training) and 22 Pa. Code § 135.8 (relating to Phase II, service in the interest of the Commonwealth).

Chapter 137. Use of the State Library

Sec.

137.1. Purpose of the State Library.
137.2. Penalties.

Authority

The provisions of this Chapter 137 issued under sections 201, 415, 426 and 427 of The Library Code (24 P.S. § § 4201 and 4415—4427) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)), unless otherwise noted.

Source

The provisions of this Chapter 137 adopted September 9, 1968, unless otherwise noted.

§ 137.1. Purpose of the State Library.

The purpose of the State Library is to provide information and foster continuing education by:

(1) Making available all library materials of the State Library for use by libraries, agencies of State and local government and to the public generally.

(2) Coordinating a statewide system of local libraries.

(3) Providing advice and counsel to local libraries, district library centers, and regional resource centers, municipalities and groups on the development and improvement of library service.

(4) Inspecting local libraries, district library centers and regional resource centers.

§ 137.2. Penalties.

Penalties for the nonreturn, loss or damage of library materials borrowed from the State Library will be as follows:

(1) Overdue library materials. The State Librarian may levy a penalty of up to 10¢ for each day a book, phonograph record album, or other piece of library materials is not returned by a library borrower after the book, record album, or other piece is due to be returned. The total penalty per item will not exceed $10. The State Librarian will determine in which divisions or sections of the State Library such penalties will be levied, and will draw up such additional rules as may be necessary to enforce this paragraph.

(2) Lost library materials. The State Librarian shall collect from library borrowers who lose materials a sum of money sufficient to reimburse the Commonwealth for such loss, the amount to be determined by the cost of replacing the lost material.

(3) Replacement of library materials. In the event of lost or damaged library materials, the State Librarian may require that the borrower provide replacement copy or suitable substitute copy. Such replacement or substitution copy shall be determined by the State Librarian.

(4) Failure to pay. Failure on the part of State Library borrowers to pay required penalties shall result in loss of borrowing privileges until such time as penalties are paid. The State Librarian may develop such additional guidelines for enforcing this provision as may become necessary.

Authority

The provisions of this § 137.2 issued under section 201(2), (9) and (15) of The Library Code (24 P.S. § 4201(2), (9) and (15)) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)).

Source

The provisions of this § 137.2 amended December 30, 1982, effective January 1, 1983, 13 Pa.B. 16.

Chapter 141. Plans for the Use of State Aid
Purpose; Requirement for the Plan

Sec.

141.1. Local libraries.
141.2. District library centers.
141.3. Regional library resource centers.

Procedure

141.11. Submission of plan.
141.12. Prohibited expenditures of State funds.
141.13. Unexpended balances.
141.14. Amendments to plan.
141.15. General nature of plan.

Criteria for Approval

141.21. Local libraries.
141.22. District library centers.
141.23. Regional library resource centers.
141.24. Library systems.
141.25. Basic standards for local libraries.
141.26. Basic standards for local library members of a library system.
141.27. Basic standards for branch libraries.
141.28. Basic standards for bookmobiles.

Authority

The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.S. § § 4201(5), (7) and (15), 4204(5), 4303 and 4304) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)), unless otherwise noted.

Cross References

This chapter cited in 22 Pa. Code § 131.18 (relating to regional library resource centers); 22 Pa. Code § 131.19 (relating to ineligibility for State aid); and 22 Pa. Code § 131.33 (relating to plan for use of State aid).

Purpose; Requirement for the Plan

Source

The provisions of these § § 141.1—141.3 adopted December 14, 1962, unless otherwise noted.

§ 141.1. Local libraries.

(a) The purpose of financial assistance to local public libraries by the Commonwealth is to encourage and enable the improvement of public library service throughout this Commonwealth and thereby to fulfill those educational, informational, and recreational needs of its residents served by public library agencies. In order that State funds shall be applied to this end, section 304 of The Library Code (24 P.S. § 4304) requires that each library applying for State aid shall submit plans for use of the funds leading to the achievement of applicable standards after five years of participation in State aid.

(b) Plans for the use of State funds shall be related to the improvement of library service, and such improvement can only be measured in relation to applicable standards of service. Although section 303 of The Library Code (24 P.S. § 4303) does not fix minimum standards of library service, the State Librarian is authorized by section 201(5) of The Library Code (24 P.S. § 4201(5)) ‘‘to counsel local libraries on minimum standards for number and quality of library staff, resources of books and other materials, location of new libraries, hours and physical facilities.’’

(c) Section 303 of The Library Code also states that ‘‘State-aid shall be paid when a library achieves the applicable standards determined by counseling with the State Librarian pursuant to the advice and recommendations of the Advisory Council on Library Development, or submits plans as set forth in Section 304 of this Act leading to the achievement of such standards . . . ,’’ and section 304 (24 P.S. § 4304) provides ‘‘libraries qualifying for aid shall have five years to achieve applicable standards. Further extensions of time may be permitted with the approval of the State Librarian acting under regulations made by the Advisory Council.’’

§ 141.2. District library centers.

(a) The primary purpose of State aid to district library centers is to enable such libraries to exercise leadership in developing a coordinated system of library services among all the local libraries of a district which will bring maximum diversity, quality and use to all the residents of the district.

(b) Such State aid is intended to provide services and resources beyond those which a district library center offers as a local library and for which it is receiving State financial assistance. While the extent of district services and activities shall be related to the amounts of State funds available, each district library center receiving State aid shall offer reference services to all persons and local libraries, and interlibrary loan services through local libraries applying therefor and take steps toward meeting all of the criteria specified in § 141.22 (relating to district library centers).

§ 141.3. Regional library resource centers.

The purpose of State aid to regional library resource centers is to enable such libraries to build up major research collections in a planned and joint relationship and to make such specialized materials and services available to all the residents of this Commonwealth under rules and regulations promulgated by a board consisting of the head librarians of all regional library resource centers and under the chairmanship of the State Librarian.

Procedure

Source

The provisions of these § § 141.11—141.15 adopted October 7, 1963, unless otherwise noted.

§ 141.11. Submission of plan.

(a) Plans for the use of State funds shall be submitted in accordance with instructions provided by the State Library.

(b) The plan shall cover the calendar year in which the library applies, or the calendar year immediately following, or the fiscal year (July 1 through June 30) which contains the date in which State aid is received.

§ 141.12. Prohibited expenditures of State funds.

State funds shall not be expended for any of the following purposes:

(1) Payment of rent to any municipality or to the library board of directors.

(2) Investment purposes, including stocks, bonds, long term notes, real estate for income or appreciation or any expense in connection with such real estate already owned, or for any other purchases for long term income or capital appreciation.

(3) Any library expenditure prohibited under The Library Code (24 P.S. § § 4101—4503).

§ 141.13. Unexpended balances.

State aid is intended for expenditure during the year covered by the library’s plan for its use, but if an unexpended balance does remain the library shall perform the following:

(1) Indicate such unexpended balance of State funds within its financial report required under § 131.32 (relating to proof of eligibility).

(2) Submit to the State Library for approval an amended plan for the use of these funds or include such unexpended balance of State funds within its plan for the use of the next payment of State aid.

§ 141.14. Amendments to plan.

A library board of directors may submit amendments to its plan for the use of State funds for approval by the State Librarian at any time during the period covered by the plan. Approval of amendments to a library’s plan shall be subject to the same considerations as those applied to the original plan.

§ 141.15. General nature of plan.

The plan for use of State funds need not be for special or extraordinary projects. It may represent a simple program to add State funds to local funds for the purpose of increasing expenditures for books, salaries, operating expenditures, or capital expenditures, and to join in the cooperative practices of the district library center system of the library’s district. The State aid may be apportioned to any use which leads to the library’s increased effectiveness or efficiency over and above the level reached the preceding year. The plan should include a statement of how the library board of directors expects the intended use of State funds to improve the quality of the services of the library.

Criteria for Approval

Source

The provisions of these § § 141.21—141.23 adopted December 4, 1969, unless otherwise noted.

§ 141.21. Local libraries.

In approving and disapproving plans for the use of State funds by local libraries, decisions of the State Librarian will be determined by the following criteria:

(1) System participation. Whether the plan includes participation in a cooperative system of existing and new libraries organized around a district library center. For any plan to be approved, the library shall meet the minimum standards of system participation.

(2) Achievement of standards of services. Whether the plan leads toward the achievement of the following applicable standards:

(i) Structure and government of library service. The structure and government of library service shall conform with the following:

(A) The library shall have a clear legal basis for establishment, organization, and financial support, in the case of a library established at public expense under The Library Code (24 P.S. § § 4101—4503).

(B) Except where, pursuant to a home rule charter adopted pursuant to the Home Rule Charter and Optional Plans Law (53 P.S. § § 1-101— 1-1309), a local library is governed by an agency other than a library board of directors, board members shall be appointed by the municipal officers of each municipality contributing to the support or aiding in the maintenance of a local library in accordance with section 411 of The Library Code (24 P.S. § 4411). A municipality is judged to contribute to the support or to aid in the maintenance of a local library when it appropriates to the library annually an amount of money which is equivalent to 15% or more of the yearly income of the library from all local municipal sources. In the case of a local library established prior to June 14, 1961, each municipality which contributes to the support or aids in the maintenance of the local library shall appoint a number of members to serve on the board of library directors as is mutually agreed upon by such municipalities, provided that no single municipality shall be required to appoint more than two board members, and provided, further, that the appointment of board positions agreed to by such municipalities shall be subject to the approval of the State Librarian.

(D) Each municipality which maintains a local library or which contributes to the support or aids in the maintenance of a local library within the meaning of clause (B) of this subparagraph shall pass an ordinance or resolution establishing or designating the library to be the agent of the municipality to provide library service in accordance with section 415 of The Library Code (24 P.S. § 4415). If the library was not established by the municipality, the library board shall pass a resolution accepting the designation.

(E) The public library shall report annually to the municipality.

(F) The library board shall commit the library, by resolution, to participation in the district library center cooperative program.

(G) The function of the library board and the librarian and staff shall be clearly differentiated in a written statement.

(ii) Service. Library service shall be as follows:

(A) The library shall maintain well-planned hours of service.

(B) The library shall establish a regular schedule of hours which permits all citizens of the community easy access to the materials and services of the library.

Population Hours Per Week

Less than 25,000 35

25,000—49,999 50

50,000 and more 65

(D) The library shall complete and submit within the prescribed time limit the annual report form and other forms required by the Bureau of Library Development of the State Library.

(iii) Library materials. Library materials shall be governed by the following:

(A) The library shall have a written statement of policy covering the selection and maintenance of its collection of library materials.

(B) The library shall provide a well-balanced minimum collection of 1 1/2 currently useful catalogued and classified items per capita; provided that no library shall have a collection of fewer than 15,000 such items.

(C) The library shall receive a balanced collection of currently useful periodicals in accordance with the following minimums:

Population Minimum Titles
Less than 10,000 30
10,000—24,999 50
25,000—49,999 75
50,000 and more 125

(iv) Personnel. The retaining of library personnel shall be in conformance with the following:

(A) The following definitions shall apply in this subparagraph:

(I) A staff member is a person regularly used in a year-round job, other than maintenance, which is customary and necessary for the provision of library service.

(II) Full time is at least 35 hours weekly. The time of several individuals who regularly work at least 5 hours weekly in year-round jobs excluding maintenance jobs may be added together and counted as being equivalent to full time or a fraction thereof.

(III) Qualified means that the staff member must have the training, skills and experience necessary to perform the tasks or carry out the responsibilities of the job to which he is assigned and can give evidence of such qualifications. To be qualified, a head librarian must be certified as specified in clause (C).

(B) The library shall have a written personnel policy.

(C) The library shall be administered by a head librarian certified as follows, except that no library shall be deprived of State aid because of having a noncertified head librarian appointed prior to January 15, 1970:

Required Certification
Population of Head Librarian
0—9,999 Library Assistant
10,000—19,999 Provisional Librarian
20,000 and more Professional Librarian

(D) The library shall have a qualified staff member, full time or equivalent, for each 3,500 persons in the direct service area; provided that no library shall use fewer than one full time staff member. In the case of a library which fulfills this standard by use of only one full time staff member, that person must be certified as at least a library assistant in accordance with § 133.6 (relating to library assistant).

(3) Extension of time. Whether an extension of time is needed beyond five years in which to achieve applicable standards of library service. A library may request such extension of time from the State Librarian in accordance with the provisions of section 304 of The Library Code (24 P.S. § 4304). In approving or disapproving a library’s request for an extension of time and continuation of State aid, the State Librarian shall consider the following factors:

(i) Possible enlargement of the service area of the library so as to increase its local financial effort and the amount of State aid for which it would be eligible.

(ii) Possible merger or cooperative agreement with a district library center, a county library, or a nearby local library or group of libraries with which it can share books and other materials, staff services or physical facilities.

(4) Library services to the whole community. Whether the library services are being developed for the community as a whole, rather than for any particular group or age level, the following shall apply:

(i) For a plan to be approved, any local library which provides direct service to schools in the form of bookmobile visits or deposits of classroom book collections shall be required to describe such service in its plans for use of State funds and indicate the percentage of its total expenditures which is devoted to such service to schools.

(ii) In the first year of application for State aid, a library may qualify when it expends more than 20% of its total operating expenditures on direct service to schools only when it submits a plan to reduce its expenditures for direct service to schools to an amount not exceeding 20% of its total operating expenditures within six years of participation in State aid.

(5) Standards of library expenditures. Whether the financial support is adequate to provide the applicable standards of service to its direct service area. Such support shall be measured by an amount equal to or exceeding the local financial effort of $.0005 times market value, or $2.00 per capita, whichever is less, in addition to all State aid to which the library is entitled. Since State aid is intended to supplement and not to substitute for local financial effort, no plan for the use of State funds shall be approved which projects the reduction of the local financial effort for normal, recurring, operating costs from a previous level unless evidence of substantial curtailment of financial ability of the community is accepted by the State Librarian. In the case of a library which has participated in the aid program for more than 5 years, no plan will be approved which projects operating expenditures of less than $15,000 in State and local money.

(6) Expansion of service area. Whether the library should expand the service area to which it gives all its services free of charge. For any plan to be approved which includes projected expansion of direct service area, the plan of the library shall be accompanied by a copy of the agreement with the municipal authorities that the municipality or municipalities be included in the direct service area of such library. Any municipality which is added to a direct service area of a library shall be considered part of that area for a period of not less than 10 years, except when any of the following apply:

(i) Special approval is granted by the State Librarian for excluding such municipality or municipalities from such direct service area.

(ii) The municipal authorities of such municipality or municipalities resolve to withdraw from such direct service area.

(iii) The municipality or municipalities are included in another library service area through merger of two or more libraries or by contractual agreement.

(7) Reduction of service area. Whether the library should reduce the direct service area to which it gives all its services free of charge. For any plan to be approved which includes reduction of service area, the library’s plan shall be accompanied by a copy of the library’s notification to the municipal officers of the municipality or municipalities affected and to the county library board of directors if one exists within the same county. Plans for the use of State funds which include reduction of service area shall not be approved unless the library also plans to cease to give free library service to the residents of the municipality or municipalities affected.

(8) Economical use of public funds. Whether the public funds are used economically and efficiently.

(9) State aid to supplement or stimulate local support. Whether State aid is planned to supplement or stimulate local pride, responsibility, initiative and support, rather than to substitute for them.

Source

The provisions of this § 141.21 amended through May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800. Immediately preceding text appears at serial page (56585).

Cross Reference

This section cited in 22 Pa. Code § 141.25 (relating to basic standards for local libraries); 22 Pa. Code § 141.26 (relating to basic standards for local library members of a library system); and 22 Pa. Code § 141.28 (relating to basic standards for bookmobiles).

§ 141.22. District library centers.

(a) General. In approving or disapproving plans for the use of State funds for district library center service, decisions of the State Librarian shall be determined by whether or not the library meets or surpasses the minimum standards set forth in subsections (b)—(f) or whether or not the plan leads toward achievement of them.

(b) Structure and government. The structure and government of a district library center shall be as follows:

(1) A district library center is a library designated as such by the State Librarian and the Governor’s Advisory Council on Library Development and which shall receive State aid for the purpose of making resources and services available without charge to all the residents and the taxpayers of its district as specified by section 211 of The Library Code (24 P.S. § 4211).

(2) The library must meet or exceed minimum standards as a local library or a library system and fully qualify for State aid for its direct service area.

(3) There shall be an advisory council to the district center to review the district budget and help develop the district plans, policies, services, and programs. It shall consist of a librarian and trustee from each library in the district, except that districts shall have the option to develop a plan of rotation of local library representation if membership is representative of the various sized local libraries in the district and the various parts of the district, and if local libraries designate their own representative in turn. In such cases, membership shall not be less than 9 members, one of whom must be from the district center board, and shall include at least 30% trustees and at least 30% librarians. It shall meet at least three times a year.

(4) The library shall file with the State Librarian for approval a 5 year plan for the development and provision of district services and resources. The library shall actively seek input on the plan from local librarians and trustees and provide the opportunity for them to participate in its development. Progress on the plan shall be evaluated annually and revisions made as needed. Copies of the plan and an annual review and necessary revisions shall be sent to the State library and local libraries in the district.

(5) The library shall submit appropriate written reports at least annually to the State Library, the member libraries of the district, and the municipalities from which it receives its financial support.

(1) The library shall maintain a regular schedule of service which permits all residents and libraries of the district access to the materials and services of the district library center during not less than 64 hours weekly.

(2) Interlibrary reference and information service shall be available for at least the number of hours specified in subsection (c)(1) under the supervision of a librarian with at least a provisional certificate. Equipment for photo-duplication and rapid communication to and from the district library center shall be available.

(3) Direct reference and information and community information and referral shall be available for at least the number of hours specified in subsection (c)(1) under the supervision of a librarian with at least a provisional certificate.

(4) Interlibrary loan service shall be provided to the libraries in the district in accordance with the most current edition of ‘‘Pennsylvania Interlibrary Loan Code.’’ The service shall be supervised by a librarian with a professional certificate and the assistance of appropriate support staff. Provision shall be made for obtaining materials which are not available at the district library center from the regional resource libraries and other libraries. Status Reports shall be available upon request.

(5) The library shall be responsible for developing an interlibrary delivery system using public transportation, special vehicles, or other means if existing public delivery services will not result in delivery within 1 week.

(6) The consultant staff, as provided in subsection (e)(2)(ii), shall visit each local library periodically and shall be responsible for providing professional library knowledge to local librarians and others by means of counselling and continuing education on all aspects of library service including but not limited to the following:

(i) Materials selection and collection development, including weeding.

(ii) Service to special groups.

(iii) Modern library service, administration, library governance, finance.

(iv) Inservice training of local library personnel and trustees.

(v) Implementation and promotion of cooperation among local libraries.

(vi) Provision of public relations programs and materials.

(7) The library shall develop cooperatively with member libraries and disseminate widely to the public, information about district library center services and the need for library services in the district.

(d) Materials. Materials shall conform with the following:

(1) The library shall have on file at the State Library a written statement of policy covering the selection and maintenance of its collection of library materials with emphasis on its role as a resource center for the district.

(2) The library shall provide a currently useful collection large enough to meet the demands based on district population size but in no case to be less than 75,000 cataloged items.

(3) The library shall maintain a currently useful noncirculating collection of reference materials.

(4) The library shall receive regularly a balanced collection of periodicals to meet the responsible demands based on district population size but in no case be less than 125 titles.

(5) The library shall have a minimum of 300 16MM film titles or equivalent audio-visual media in its collection or accessible within the district for circulation.

(6) No less than 12% of the total operating budget of the library shall be spent on materials. A minimum of at least 5.0% of the materials budget of the library shall be allocated for audiovisual materials.

(e) Personnel. Personnel policy shall be in accordance with the following:

(1) The library shall have a written personnel policy which includes job descriptions and classifications, a pay schedule, a retirement plan, fringe benefits, grievance procedures and a commitment to affirmative action.

(2) The library shall fulfill local library or system standards on the number of staff and provide full-time professional positions as set forth in this subsection, provided that the qualifications do not apply to employes appointed to the positions prior to December 13, 1977, the date of final adoption of this subsection:

(i) Library administrator. The library administrator shall be a librarian with a professional certificate with at least 5 years of public library experience, including a minimum of 2 years supervisory experience or its equivalent.

(ii) Consultant staff. Each consultant shall be a librarian with a professional certificate and have a minimum of 2 years public library experience or its equivalent. The library shall provide consultant services to local libraries, municipal officers, and interested groups in the district. The district library center shall employ not less than one full-time consultant librarian and such additional consultant staff that is necessary to carry out the library’s plan for district library service. If fewer than five local libraries are in the district, the consultant librarian may be assigned not more than half-time to other professional duties related to district library center activities.

(iii) Responsibility for the following functions shall be assigned to or supervised by personnel with a professional librarian’s certificate:

(A) Collection management.

(B) Information services.

(D) Children, young adult and adult services.

(E) Technical service.

(iv) Responsibility for the following functions shall be assigned to personnel with training or experience in their fields:

(A) Audiovisual materials and programs.

(B) Public relations.

(f) Facilities. The library facilities shall be capable of housing the collection, staff and services as listed in the district plan for service and indicated by the standards.

Source

The provisions of this § 141.22 amended through August 31, 1984, effective September 1, 1984, 14 Pa.B. 3155. Immediately preceding text appears at serial pages (62253) and (62257).

Cross References

This section cited in 22 Pa. Code § 141.2 (relating to district library centers).

§ 141.23. Regional library resource centers.

In approving or disapproving plans for the use of State funds for regional library resource center service, decisions of the State Librarian shall be guided by whether the plan for the use of such State aid is in accord with the objectives agreed upon by the board of head librarians of regional library resource centers and such rules and regulations as such board may promulgate.

§ 141.24. Library systems.

(a) General. In approving or disapproving plans for the use of State funds by library systems, decisions of the State Librarian shall be determined by the criteria set forth in subsections (b)—(g).

(b) Definitions. The following definitions shall apply to library systems:

(1) The term library system shall apply to an organization of two or more independent libraries serving not less than a total of 25,000 people which have voluntarily agreed to participate and have delegated the policy making functions to a system board of directors.

(2) A library system may have units and agencies consisting of the following:

(i) Headquarters or central library unit. The principal resource unit and administrative center of the system.

(ii) Nonheadquarters units: Nonheadquarter units may include the following:

(A) Federated or associated local libraries. Local libraries which have agreed to participate in a county, township, or school district public library system from which some or most of its financial support is derived in the form of money, library materials, personnel or services.

(B) Branch. A unit with separate quarters, a permanent basic collection of books, a permanent staff and a regular schedule, administered from a central unit.

(C) Reading station/center. A unit with separate quarters and limited reader services, minimum basic collection supplemented by rotating collections, a permanent staff, and administered from a central unit.

(D) Deposit station. An outlet, usually housed in shared quarters, having no permanent collection or staff and administered by the central unit.

(E) Bookmobile. A vehicle especially designed to carry books and other library materials. It may serve not only as a traveling library branch but also as a guide for the location of future branches and reading stations. Bookmobiles serve populations of varying size and maintain regular schedules of community stops throughout the system.

(3) A municipality is judged to contribute to the support or aid in the maintenance of a library system when it appropriates to the library system annually an amount of money which is equivalent to 15% or more of the system’s yearly income from all local municipal sources.

(4) Effective service area shall be construed to be the geographic area from which come 60% of the unit’s registered borrowers and usage.

(5) Full time is at least 35 hours per week. The time of several individuals who regularly work at least 5 hours weekly in year-round jobs, excluding maintenance personnel, may be added together and counted as being equivalent to full time or a fraction thereof.

(6) A staff member is a person regularly used in a year-round position, other than maintenance, which is customary and necessary for the provision of library service.

(7) Qualified means that the staff member must have the training, skills, and experience necessary to perform the tasks or carry out the responsibilities of the job to which he is assigned and can give evidence of such qualifications. To be qualified, the administrator of a system and the head librarian of each unit of the system must be certified as specified in subsection (f)(2).

(c) Structure and government of library systems. The structure and government of library systems shall conform with the following:

(1) The structure of the library system shall be determined by those units or agencies comprising the system so long as the system shall be established, organized, and financially supported in conformity with The Library Code (24 P.S. § § 4101—4503), which is the authority for establishing library service at public expense.

(2) System board members shall be appointed by the municipal officers of each municipality contributing to the support or aiding in the maintenance of a library system in accordance with section 411 of The Library Code (24 P.S. § 4411).

(i) In the case of a Library System established prior to June 14, 1961, each municipality which contributes to the support or aids in the maintenance of the system shall appoint a number of members to serve on the board of library directors of the system as is mutually agreed upon by such municipalities; provided that no single municipality shall be required to appoint more than two board members and provided, further, that the apportionment of board positions agreed to by such municipalities shall be subject to the approval of the State Librarian.

(ii) In the case of a library system which receives no contribution in support or aid in maintenance from a municipal government, the system board shall consist of not less than five nor more than nine members selected or appointed as the participating libraries may agree. The apportionment of members and the method of appointment or selection shall be subject to the approval of the State Librarian. The first members shall be appointed or selected as nearly as may be 1/3 for 1 year, 1/3 for 2 years and 1/3 for 3 years. All subsequent appointments or selections to fill the places of those whose terms have expired shall be for a term of three years. Vacancies shall be filled for the unexpired terms. In the event that a municipality subsequently begins to contribute to support of the system, the system board shall be reorganized to comply with the provisions of subparagraph (i).

(3) The system shall have written agreements of participation between the system board and each local library which is a member of the system, in which the obligations, services, and contributions of each party shall be stated.

(4) The system board shall have and shall file with its local agencies and the State Library of Pennsylvania a written plan for system-wide service and development. The plan shall be reviewed annually and amended as necessary and shall include in its overall objectives specifications for programming and services to increasingly meet the needs of the public. Each resident of the system service area must be provided with direct and convenient access to library services.

(5) The annual operating expenditures of the total system must be equivalent to the State aid for the total population in the total service area of the system and the amount of local effort necessary to qualify for that aid as provided in section 303(1) and (3) of The Library Code (24 P.S. § 4303(1) and (3)), but, in no event, shall such operating expenditures be less than $50,000.

(6) The library system shall be an agency of local governments.

i) Each municipality which maintains a library system or which contributes to the support or aids in the maintenance of a library system within the meaning of subsection (b)(3), shall pass an ordinance or resolution establishing or designating the library system to be the agent of the municipality to provide library services to the residents and taxpayers thereof in accordance with section 415 of The Library Code (24 P.S. § 4415). If the library system was not established by the municipality, the system board shall pass a resolution accepting the designation.

(ii) The system board shall make written financial and statistical reports at least quarterly to its municipalities and other funding agencies and to the member units of the system.

(7) The system board shall commit the system, by resolution, to participation in the District Library Center Cooperative Program.

(8) The functions of the system board and of the system administrator shall be clearly differentiated in a written statement.

(9) The board shall develop criteria for membership in the system and adopt policies that will be applicable throughout the system.

(10) The system administrator and the heads of the participating units shall meet at least bi-monthly to consider system services and activities.

(d) Services. Library system services shall include the following:

(1) Each unit within the system shall provide free access including free lending and reference services to all residents of the system’s total service area.

(2) The units within the system shall maintain well-planned hours of service which will permit all residents of the system’s community convenient access to library materials and services.

(3) The library system shall be open for services weekly in accordance with the following minimums:

Description Population Hours per week

Headquarters unit 25,000—49,999 50

50,000—and over 65

Nonheadquarters units 0—4,999 10

5,000—9,999 20

10,000—24,999 25

25,000—and over 40

(4) The system shall develop an interlibrary loan service among the members of the system which will assure a status report or delivery of the item requested within three days after receipt of the request.

(e) Library materials. The library system shall conform with the following regarding library materials:

(1) The system shall have a written statement of policy governing selection and maintenance of library materials.

(2) The system as a whole shall provide a well-balanced collection of not less than one title per capita and not less than 1 1/2 currently useful items per capita using the population of the system as the basis for determining the total required; provided that no system shall be required to have more than 100,000 titles. The holdings of all units of the system shall be used to arrive at the actual holdings of the system in order to determine compliance with this minimum standard.

(3) The system shall develop rotating collections to supplement the basic collections of the units as required by the system plan.

(4) No unit in a system shall subscribe to fewer than ten periodical titles. The system headquarters unit shall subscribe to a balanced collection of currently useful periodicals in accordance with the following minimums:

Population of the System Minimum titles

25,000—49,999 75

50,000—and over 125

(5) The system shall develop and maintain a catalog of acquisitions after the effective date of the standards.

(f) Personnel. The library system shall conform with the following regarding personnel:

(1) The system shall have a written personnel policy.

(2) The system shall be administered by a certified professional librarian with at least two years public library experience including some supervisory experience or its equivalent; provided, however, that no system shall be deprived of State aid because of having a noncertified administrator appointed prior to the effective date of this section. Each unit within the system shall have a head librarian qualified in accordance with its effective service area as follows:

(i) Population up to 5,000. System certified personnel with at least in-service training provided by the system.

(ii) Population 5,000—14,999. Certification at least as a Library Assistant by the State Library of Pennsylvania.

(iii) Population 15,000—19,999. Certification at least as a Provisional Librarian by the State Library of Pennsylvania.

(iv) Population 20,000 and above. Certification as a Professional Librarian by the State Library of Pennsylvania.

(3) The library system shall have one qualified staff member, full time or equivalent, excluding maintenance personnel, for each 4,500 persons in the total service area of the system. One-fifth of the staff shall be certified professional librarians. For systems with populations 100,000 and over, at least 22 staff members, full time or equivalent, excluding maintenance personnel, plus one for every 5,500 persons over 100,000 population, shall be required. In determining compliance with this standard, all staff members, exclusive of maintenance personnel, in all units of the system shall be considered as part of the final total staff.

(g) Facilities. Library system facilities shall conform with the following:

(1) After the effective date of this section, it shall be the responsibility of the system board to review and approve plans for construction, remodeling, or enlargement of units in the system to confirm that the units fulfill the needs of the area served.

(2) Each member unit shall have an outdoor sign stating it is a library.

(3) Each member unit shall have a telephone listing.

Source

The provisions of this § 141.24 amended through May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800. Immediately preceding text appears at serial page (56592).

Cross References

This section cited in 22 Pa. Code § 142.1 (relating to definitions).

§ 141.25. Basic standards for local libraries.

(a) A local library is any free public nonsectarian library—whether established and maintained by a municipality or by a private association, corporation, or group—which serves the informational, educational and recreational needs of all the residents of the area for which its governing body is responsible by providing free access including free lending and reference services to an organized and currently useful collection of printed items and other materials and to the services of a staff trained to recognize and provide for these needs.

(b) The central library unit of a local library is the principal resource library or administrative center.

(c) For a plan to be approved for the use of basic aid provided by section 303(1) of The Library Code (24 P.S. § 4303(1)) and the equal distribution grant provided by section 303(7) of The Library Code (24 P.S. § 4303(7)), a local library shall fulfill the following requirements:

(1) The local library shall be governed as specified in § 141.21(2)(i)(B) (relating to local libraries).

(2) The local library shall qualify for aid for the city, borough, town, or township in which the central library unit is located.

(3) Any municipality for which a local library claims and qualifies for State aid must be claimed by that local library in each year for not less than 10 successive years, and the minimum required local financial effort for such a municipality will be taken into account each year when determining the library’s eligibility for State aid except when any of the following apply:

(i) Special approval is granted by the State Librarian for excluding such municipality from such service area.

(ii) The municipal officers of such municipality resolve to withdraw from such service area.

(iii) The municipality is included in another library service area through merger of two or more libraries or by contractual agreement.

(4) Service shall be provided as follows:

(i) The local library must be open for service at least 20 hours per week during hours which are best suited to the needs of the residents of its service area.

(ii) Ready reference service must be available at all times the local library is open.

(iii) The staff of the local library shall be ready and willing to communicate with the district library center for reference assistance and interlibrary loans.

(iv) The local library shall have a telephone which is listed in the local directory.

(v) The local library shall have a sign which clearly identifies it, from the outside, as a public library.

(5) Library materials shall be provided as follows:

(i) The local library must have in its collection, available on its premises, not less than 6,000 items which are organized by subject and recorded in a manner which makes them easily accessible to the public. These items must be currently useful to the residents of the service area. Libraries with collections of less than 6,000 will not be denied State aid if they can demonstrate the usefulness and vitality of their collections by circulation per capita or collection turnover rate in excess of the average for other libraries of comparable size and service area.

(ii) The local library shall budget and expend annually for the purchase of library materials twice the amount of the equal distribution grant allotted to it. For example, if the equal distribution grant is $900, then the expenditure for library materials in the year of the grant must be not less than $1,800.

(iii) The collection shall be selected to serve the informational, educational, and recreational needs of all residents in its service area.

(iv) The local library shall have a collection of ready reference items of sufficient scope to meet the needs of the residents of its service area.

(v) The local library shall subscribe to and make available for use at least ten different periodicals which are indexed in the Readers Guide to Periodical Literature or other recognized periodical indexes.

(6) Personnel policies shall be as follows:

(i) The local library shall be in the charge of a person who has been trained to recognize and provide for the informational, educational, and recreational needs of the residents of the library’s service area. The training may be provided by the district library center.

(ii) The person in charge shall work on the premises of the local library not less than 20 hours weekly during hours when the library is open for service to the public.

Source

The provisions of this § 141.25 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

Cross References

This section cited in 22 Pa. Code § 141.26 (relating to basic standards for local library members of a library system).

§ 141.26. Basic standards for local library members of a library system.

(a) A local library member of a library system is a local library, as defined in § 141.25(a) (relating to basic standards for local libraries) which has agreed to participate in a county, township or school district public library system from which some or most of its financial support is derived in the form of money, library materials, personnel or services.

(b) For a plan to be approved for the use of the equal distribution grant awarded to a library system on behalf of a member local library as authorized by section 303(7) of The Library Code (24 P.S. § 4303(7)), a local library member of a library system shall fulfill the following requirements:

(1) The local library member shall be governed as specified in § 141.21(2)(i)(B) (relating to local libraries).

(2) The library system shall qualify for basic aid as specified in section 303(1) of The Library Code (24 P.S. § 4303(1)).

(3) Service shall be provided as follows:

(i) The local library shall be open for service at least 20 hours per week during hours which are best suited to the needs of the residents of its service area.

(ii) Ready reference service shall be available at all times the local library is open.

(iii) The staff of the local library shall be ready and willing to communicate with the headquarters library or the district library center, whichever is most appropriate, for reference assistance and interlibrary loans.

(iv) The local library shall have a telephone which is listed in the local directory.

(v) The local library shall have a sign which clearly identifies it, from the outside, as a public library.

(4) Library materials shall be provided as follows:

(i) The local library shall have in its collection, available on its premises, not less than 6,000 items which are organized by subject and recorded in a manner which makes them easily accessible to the public. These items shall be currently useful to the residents of the service area. Libraries with collections of less than 6,000 will not be denied State aid if they can demonstrate the usefulness and vitality of their collections by circulation per capita or collection turnover rate in excess of the average for other libraries of comparable size and service area.

(iii) The collection shall be selected to serve the informational, educational and recreational needs of all residents in its service area.

(iv) The local library shall have a collection of ready reference items of sufficient scope to meet the needs of the residents of its service area.

(v) The local library shall subscribe to and make available for use at least 10 different periodicals which are indexed in the Readers Guide to Periodical Literature or other recognized periodical indexes.

(5) Personnel policies shall be as follows:

(i) The local library shall be in the charge of a person who has been trained to recognize and provide for the informational, educational and recreational needs of the residents of the library’s service area. The training may be provided by the administrator of the library system or by the district library center.

(ii) The person in charge shall work on the premises of the local library not less than 20 hours weekly during hours when the library is open for service to the public.

Source

The provisions of this § 141.26 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

§ 141.27. Basic standards for branch libraries.

(a) A branch library is a unit with separate quarters, a permanent basic collection of books, a permanent staff, and a regular schedule administered from a central library unit.

(b) The central library unit of a local library or library system is the principal resource library or administrative center.

(c) For a plan to be approved for the use of an equal distribution grant which is awarded to a local library or a library system for a branch library the following requirements shall be met:

(1) The local library or library system shall qualify for basic aid as specified in section 303(1) of The Library Code (24 P.S. 4303(1)).

(2) Service shall be provided as follows:

(i) The branch library shall be open for service at least 20 hours per week during those hours which are best suited to the needs of the residents of its service area.

(ii) Ready reference service shall be available at all times the branch is open.

(iii) The staff of the branch library shall be ready and willing to communicate with the headquarters library or district library center, whichever is most appropriate, for reference assistance and interlibrary loans.

(iv) The branch shall have a telephone which is listed in the local directory.

(v) The branch shall have a sign which clearly identifies it, from the outside, as a public library.

(3) Library materials shall be provided as follows:

(i) The branch library shall maintain a collection of not less than 4,000 items on its premises and shall annually offer a selection of not less than 6,000 different titles which are current and are demonstrably useful to the residents of its service area. The items shall be organized by subject and recorded in a manner which makes them easily accessible to the public.

(ii) The local library or the system shall budget and expend annually for the purchase of library materials for each qualifying branch library twice the amount of the equal distribution grant allotment for that branch. For example, if the equal distribution grant is $900, then the expenditure for library materials for the branch in the year of the grant shall be not less than $1,800.

(iii) The collection shall be selected to serve the informational, educational, and recreational needs of all residents in its service area.

(iv) The branch library shall have a collection of ready reference items of sufficient scope to meet the needs of the residents of its service area.

(v) The branch library shall subscribe to and make available for use at least 10 different periodicals which are indexed in the Readers Guide to Periodical Literature or other recognized periodical indices.

(4) Personnel policies shall be as follows:

(i) The branch library shall be in the charge of a person who has been trained to recognize and provide for the informational, educational and recreational needs of the residents of the library’s service area. The training may be provided by the administrator of the local library or library system of which the branch library is a part or by the staff of the district library center.

(ii) The person in charge shall work on the premises of the branch library not less than 20 hours weekly during hours when the library is open for service to the public.

Source

The provisions of this § 141.27 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

Cross References

This section cited in 22 Pa. Code § 141.28 (relating to basic standards for bookmobiles).

§ 141.28. Basic standards for bookmobiles.

(a) A bookmobile is a vehicle especially designed and equipped to carry books and other library materials and to function as a mobile library. It maintains a regular schedule of community stops throughout the service area of the local library or library system which operates it.

(b) For a plan to be approved for the use of an equal distribution grant which is awarded to a local library or library system for a bookmobile, the following requirements shall be fulfilled:

(1) The local library or library system shall be governed as specified in § 141.21(2)(i)(B) (relating to local libraries).

(2) The local library or library system must qualify for basic per capita aid as specified in section 303(1) of The Library Code (24 P.S. 4303(1)).

(3) The central library unit as defined in § 141.27(b) (relating to basic standards for branch libraries) must qualify for an equal grant.

(4) Service shall be provided as follows:

(i) The bookmobile shall be at stops not less than 20 hours weekly at times and in locations which afford all residents good access to it and which best suit their needs.

(ii) The bookmobile shall be able to provide some ready reference service.

(iii) The staff of the bookmobile shall be ready and willing to communicate with the headquarters library for reference assistance and interlibrary loans.

(5) Library materials shall be provided as follows:

(i) The bookmobile shall have a shelf capacity of at least 2,000 items and shall offer a selection of not less than 6,000 different titles annually which have currency and are demonstrably useful to all residents of its service area.

(ii) Libraries with bookmobiles shall expend annually, for the purchase of materials for use on each qualifying bookmobile, twice the amount of the equal distribution grant for that bookmobile. For example, if the equal distribution grant is $900, then the expenditure for library materials in the year of the grant must be not less than $1,800.

(6) Personnel policies shall be as follows:

(i) The bookmobile must be in the charge of a person who has been trained to recognize and provide for the informational, educational, and recreational needs of the residents of its service area. The training may be provided by the local library or library system which operates the vehicle or by the district library center.

(ii) At all stops, the bookmobile shall be staffed by a person trained as specified in subparagraph (i), and the person in charge shall work on it during the majority of hours that the bookmobile is at stops.

Source

The provisions of this § 141.28 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

Chapter 142. Grants for Public Library Facilities

Sec.

142.1. Definitions.
142.2. Long-range plan.
142.3. Eligible project costs.
142.4. Eligible grantees.
142.5. Funding guidelines.
142.6. Eligible matching funds.
142.7. Third-party in-kind contributions and third-party costs.
142.8. Valuation of donated services.
142.9. Valuation of donated equipment, buildings and land.
142.10. Title to site.
142.11. Beginning the grant project.
142.12. Completing the grant project.
142.13. Supervision and inspection by the municipality.
142.14. Operation and maintenance of facility.

Authority

The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.S. § 2018(a)); and section 201(15) of The Library Code (24 P.S. § 4201(15)) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)), unless otherwise noted.

Source

The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.B. 5951, unless otherwise noted.

§ 142.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

Acquisition—The purchase or lease with an option to purchase of land or buildings for public library uses.

Act—The Keystone Recreation, Park and Conservation Fund Act (32 P.S. § § 2011—2024).

Administrative expenses—An expenditure of funds, including expenditures of Commonwealth agencies for personnel and other operating costs necessary to accomplish the purposes of the act.

Agency—The Department of Education.

Commonwealth Libraries—The State Library of Pennsylvania, part of the Department of Education.

Development—New construction, improvement, alteration or renovation required for and compatible with the physical development, improvement of land or buildings for public library purposes.

Fund—The Keystone Recreation, Park and Conservation Fund established by the act.

Indirect costs—Costs including administration or utilities that are not readily identifiable as particular, eligible costs directly related to the project.

Land—Real property, including improvements thereon, right-of-ways, water, riparian and other rights, easements, privileges and any other physical property or rights of interest of any kind or description relating to or connected with real property.

Library—A free, public, nonsectarian library, whether established and maintained by a municipality or by a private association, corporation or group, which serves the informational, educational and recreational needs of the residents of the area for which its governing body is responsible by providing free access, including free lending and reference services, to an organized and currently useful collection of printed items and other materials and to the services of a staff trained to recognize and provide for these needs.

Minor civil division—A city, borough, incorporated town, township, home rule municipality or other local government within a county for which the Department of Labor and Industry provides unemployment statistics.

Municipality—A county, city, borough, incorporated town, township, home rule municipality or an official agency created by the foregoing units of government under the laws of the Commonwealth. Actions of an authority or other official agency taken under the act shall be first approved by the participating local governing bodies in that authority or other official agency.

Planning—Master site development plans, feasibility studies, maintenance, management plans, and other plans and documents, including long-range plans for the allocation of grants, useful to municipalities and State agencies in the planning, development, operation, protection and management of their public library facilities and programs. Planning may be performed by State agency staff or by outside consultants.

Public library—A library, as defined in section 3 of the act (32 P.S. § 2013), or library system, as defined in § 141.24(b)(1) (relating to library systems).

Rehabilitation—The improvement or restoration, excluding routine maintenance of existing public library facilities.

Routine maintenance—Recurring upkeep needed on a regular basis for physical facilities, including cleaning, minor repair of fixtures or structures, painting, regular servicing of heating, air conditioning or other equipment and landscape maintenance such as lawn care or pruning.

Technical assistance—The provision of grant and professional service to municipalities, organizations and citizens, including publications, video tapes, workshops, meetings, phone consultation and written and electronic communication.

Third-party in-kind contributions—Property or services that benefit a grant-supported project and that are contributed without charge to the grant recipient by a third-party other than a municipality, a school district or a public library.

Third-party costs—Direct expenditures for property or services that benefit a grant-supported project and that are contributed without charge to the grant recipient by a third-party other than a municipality, a school district or a public library.

§ 142.2. Long-range plan.

(a) Commonwealth Libraries, in consultation with the Advisory Council on Library Development, will prepare a 3 to 5 year long-range plan for the allocation of grants available to municipalities for public library planning, acquisition, development or rehabilitation from the Fund. In preparing the long-range plan, Commonwealth Libraries will consult with municipal officials and library representatives. The long-range plan will be reviewed each year by Commonwealth Libraries and modified as need dictates. The long-range plan will include the following components:

(1) A library facility needs assessment, including an analysis of the need in different geographical regions of this Commonwealth and of libraries serving various size municipalities, and a consideration of county library system plans.

(2) An action plan to meet the need for improved library facilities through the use of the Fund and other available moneys.

(3) Commonwealth Libraries’ policies concerning the grants for public library facilities.

(4) A plan for Commonwealth Libraries’ administration of the program, including provision of technical assistance, monitoring of ongoing projects and evaluation of completed projects.

(b) Grants to municipalities for public library planning, acquisition, development or rehabilitation will be made in accordance with the long-range plan.

(c) Commonwealth Libraries will incur administrative expenses to meet costs of activities listed in the component of the long-range plan described in subsection (a)(4), to meet costs of planning, and to meet other costs of grants administration.

(d) Commonwealth Libraries will publish the long-range plan and subsequent modifications to the long-range plan in the Pennsylvania Bulletin.

§ 142.3. Eligible project costs.

(a) Commonwealth Libraries, in accordance with the policies in its long-range plan for library facilities, may provide grants to pay for the following eligible project costs:

(1) Planning.

(2) Acquisition.

(3) Development.

(4) Rehabilitation.

(b) Grants may not be used for the following ineligible costs:

(1) Operating costs of a public library, including costs of purchasing books and other library materials, personnel costs and costs of routine maintenance.

(2) Costs of equipment or software, or both, to automate public library functions and catalogs unless the automation is part of the development or rehabilitation of a public library facility.

(3) Planning, acquisition, development or rehabilitation of facilities that are not public libraries. In the case of shared facilities, the grant and related matching funds may pay only for that portion of the facility to be used as a public library.

§ 142.4. Eligible grantees.

(a) A municipality that intends to plan, acquire, develop or rehabilitate a public library is eligible to apply for a grant.

(b) The public library for which a municipality applies for a grant shall have a formal, legal relationship with that municipality, either by being a department or unit of local government or through a contract describing mutual obligations and responsibilities.

(c) A municipality, alone or in cooperation with other municipalities, is eligible to apply for a grant for a public library funded by local tax revenue or monies raised by the levy of special taxes to establish or maintain, or both, a public library which directly provides public library service, delegates responsibility for public library service to a board of directors, or delegates responsibility for public library service to a nonprofit corporation.

(d) If a public library serves more than one municipality, the municipalities shall come to mutual agreement and designate one to apply for a grant for that library.

(e) When a public library is sponsored by a school district or any entity other than a municipality, the municipality where the public library is located may apply for a grant for that public library.

(f) The public library that benefits from the grant shall be receiving State aid under Article III of the Library Code (24 P.S. § § 4301—4304) at the time of the grant application and shall continue to receive State aid for the term of the grant. If the public library did not exist prior to the grant-funded project to acquire, plan, develop or rehabilitate its facility, that newly formed public library is eligible for and may apply to receive State aid under Article III of the Library Code when it opens to the public.

§ 142.5. Funding guidelines.

(a) Commonwealth Libraries will award grants from the Fund to municipalities to pay up to 50% of eligible public library project costs.

(b) The municipality shall demonstrate that sufficient matching funds from eligible sources are available to meet at least 50% of project costs.

(c) The municipality shall demonstrate that the grant award plus other available funds are sufficient to complete the proposed project.

(d) Commonwealth Libraries will give priority to economically distressed communities in awarding grants meeting 50% of costs and may award grants meeting a smaller percentage of project costs to municipalities whose local economies better enable local support of the project. For purposes of this grant program, in deciding whether a community is considered economically distressed, Commonwealth Libraries will be guided by one or more of the following criteria:

(1) The public library to benefit from the grant received equalization aid in the year of the grant application or will be eligible to receive equalization aid in the year following the grant application under section 303(b)(6) of the Library Code (24 P.S. § 4303(b)(6)).

(2) The municipality is a city, borough, incorporated town or township having a market value per capita below the twentieth percentile of all like cities, boroughs, incorporated town and townships, as certified annually by the State Tax Equalization Board.

(3) The municipality is a county or is located in a county having a personal income per capita below the twentieth percentile of all counties, as certified annually by the Department of Revenue.

(4) The municipality is a county or is located in a county or is a minor civil division with a population of 25,000 or higher having an average annual unemployment rate above the eightieth percentile of all counties or all minor civil divisions, as determined annually by the Department of Labor and Industry.

Cross References

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

§ 142.6. Eligible matching funds.

(a) Commonwealth Libraries may award Federal library construction funds, when available, to pay additional portions of project costs and meet matching requirements of grants awarded from the Fund. Priority for these Federal grants will be given to municipalities in economically distressed communities, using criteria in § 142.5(d) (relating to funding guidelines).

(b) The municipality may use Federal funds, other than those awarded under subsection (a), which are available to it or to the public library, as matching funds, if the Federal funds are not already being used to match another State grant.

(c) The municipality may use State funds, other than those awarded from the Fund, and which are available to it or to the public library, as matching funds, if the funds were not appropriated as compensation to public libraries under the Library Access Statewide Card Program or as library State-aid under terms of Article III of the Library Code (24 P.S. § § 4301—4304).

(d) The municipality may use the following local monies, costs and contributions as matching funds:

(1) Local tax revenues.

(2) Proceeds from local bond issues.

(3) Cash contributions from individuals, corporations and others.

(4) The fair market value of land or buildings provided to the public library by the municipality up to 2 years previous to award of the grant. The market value shall be for the time at which the land or buildings were designated for the public library.

(5) Costs incurred by the municipality or the public library up to 2 years prior to filing of the initial application for the following:

(i) Services of a library building consultant, registered architect, engineering firm used in the development of plans for the project.

(ii) Acquisition of real estate as part of the project.

(iii) Physical site preparation.

(6) Third-party in-kind contributions and third-party costs which conform to the rules in § § 142.7—142.9 (relating to third-party in-kind contributions and third-party costs; valuation of donated services; and valuation of donated equipment, buildings and land).

§ 142.7. Third-party in-kind contributions and third-party costs.

(a) The municipality may use third-party in-kind contributions and third-party costs towards satisfying the matching requirement only when those contributions and costs are directly related to the public library planning, acquisition, development or rehabilitation project. The municipality may not use third-party in-kind contributions and third-party costs for operation of the public library to count towards satisfying the matching requirement.

(b) If third-party in-kind contributions and third-party costs are used as matching funds, the municipality shall be able to verify those contributions and costs from its records or the records of the public library. The municipality shall show from the records how the value placed on third-party in-kind contributions was calculated. To the extent feasible, the municipality shall verify the value of volunteer services by using the same methods that the municipality or the public library uses to support the allocation of its regular personnel costs.

(c) The municipality may use third-party in-kind contributions towards satisfying the matching requirement only when, if the municipality or public library receiving the contributions were to pay for them, the payments would be eligible matching funds.

(d) The municipality may not use third-party in-kind contributions towards satisfying the matching requirement if they represent indirect costs.

Cross References

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

§ 142.8. Valuation of donated services.

(a) The municipality shall value volunteer services provided by individuals to the municipality or public library at rates consistent with those ordinarily paid for similar work in the municipality or public library. If the municipality or public library does not have employes performing similar work, the municipality shall use rates consistent with those ordinarily paid by other employers for similar work in the same labor market. In either case, the municipality may include a reasonable amount for fringe benefits in the valuation.

(b) When an employer other than the municipality or public library furnishes free of charge the services of an employee in the employe’s normal line of work, the municipality shall value the services at the employe’s rate of pay exclusive of fringe benefits and the employer’s overhead costs. If the services are in a different line of work, subsection (a) applies.

Cross References

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

§ 142.9. Valuation of donated equipment, buildings and land.

(a) The municipality may count as matching funds the market value of donated equipment, buildings or land at the time of donation.

(b) If it is necessary to establish the market value of land or a building, Commonwealth Libraries may require that the market value be established by a certified real property appraiser and that the value be certified by the municipality and by the public library.

Cross References

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

§ 142.10. Title to site.

(a) The municipality or public library shall have or obtain a full title or other interest in the site upon which the public library facility is or will be located, including right of access, that is sufficient to insure the undisturbed use and possession of the facility as a public library for 50 years or the useful life of the project to be funded by the grant, whichever is shorter.

(b) If the title to the site upon which the public library facility is or will be located is held by the municipality, the municipal officials shall pass a resolution or ordinance ensuring the undisturbed use of the facility as a public library for 50 years or the useful life of the project to be funded by the grant, whichever is shorter.

(c) If during the 50-year period, the municipality or public library desires that the facility be used for other than public library purposes, it may request a waiver from the State Librarian. In deciding whether to grant that waiver, the State Librarian will consider the public library’s need for a facility and how that need will be met.

(d) Recipients of grants for public library facilities under the act may not dispose of nor at any time convert property acquired with the grant to other than the purposes approved in the project application without the prior written approval of the Commissioner of Libraries, the State Librarian. If disposition or conversion occurs without prior written approval, the State Librarian may require:

(1) The recipient to refund all grant funds for the particular project, including 10% annual interest compounded four times annually from the date the original grant-in-aid was received until it is repaid.

(2) Acquisition by the recipient of equivalent replacement land, as determined by the State Librarian.

§ 142.11. Beginning the grant project.

Before grant project work is advertised or placed on the market for bidding, the municipality shall get approval from Commonwealth Libraries of final working drawings and specifications.

§ 142.12. Completing the grant project.

(a) The sponsoring municipality shall complete its grant project within a reasonable time.

(b) The municipality shall complete the grant project in accordance with the grant application and approved drawings and specifications.

§ 142.13. Supervision and inspection by the municipality.

In the case of grants for development or rehabilitation, the municipality shall retain a licensed architect or professional engineer for supervising or inspecting at the project site to insure the work conforms to the approved drawings and specifications when the supervision is determined to be necessary by Commonwealth Libraries.

§ 142.14. Operation and maintenance of facility.

An authorized representative of the grantee shall sign a form provided by the Agency to assure that, when the project is completed, sufficient funds will be available for effective operation and maintenance of the public library.

Chapter 143. State Document Depositories

Sec.

143.1. Definitions.
143.2. Purpose.
143.3. Eligibility for depository collection status.
143.4. Number of collections.
143.5. Conditions for designation.
143.6. Application for depository collection status.
143.7. Termination of depository collection status.
143.8. Role of the State Library.

Authority

The provisions of this Chapter 143 issued under The Library Code (24 P.S. § § 4101—4503) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)), unless otherwise noted.

Source

The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.B. 721, unless otherwise noted.

§ 143.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Depository collection—A gathering of official Commonwealth publications in a formally organized library organized either for public use under The Library Code (24 P.S. § § 4101—4503), or for academic use in a state accredited institution of higher education.

Publication—Any printed or otherwise reproduced item prepared for distribution to the public, or used within any state agency as a regulatory instrument, including but not limited to documents, pamphlets, studies, brochures, books, annual reports, codes, regulations, journals, periodicals or magazines printed by or for the Commonwealth, its legislature, its courts, its constitutional offices, or any authority, board, commission, department or other State governmental agency or issued in conjunction with, or under contract with, the Federal government, local units of government, private individuals, institutions or corporations.

§ 143.2. Purpose.

The purpose of establishing depository collections of publications of all of the governmental agencies of this Commonwealth in selected academic and public libraries is to make the publications readily available to the citizens of the Commonwealth and to enable the selected libraries to provide information found in the publications to their clientele.

§ 143.3. Eligibility for depository collection status.

(a) State college and university libraries. The main library at each state college or university shall be eligible for designation as a depository collection library.

(b) District library centers. Each library designated as a district library center pursuant to article II, section 211, of the act of June 14, 1961 (24 P.S. § 4211), shall be eligible for designation as a depository collection library.

(c) Regional library resource centers. The four libraries designated as regional library resource centers pursuant to article II, section 209, of act of June 14, 1961 (24 P.S. § 4209), shall be eligible for designation as a depository collection library.

(d) Libraries of State-related universities and colleges. The library at each of the universities and colleges in the Commonwealth which receive annual appropriations from the state and are considered ‘‘State-related’’ shall be eligible for designation as a depository collection library.

(e) U.S. Documents depository libraries. Any library currently designated by the Superintendent of Documents as a depository for Federal documents shall be eligible for designation as a depository collection library.

(f) Other academic libraries. Libraries of other state accredited universities, colleges, junior or community colleges in the Commonwealth shall be eligible for designation as depository collections if the institution’s total student enrollment is over 5,000 or if there are no other libraries designated under subsections (a)—(e) in the county in which the institution is located.

(g) Other public libraries. Other public libraries organized under the provisions of act of June 14, 1961 (24 P.S. § 4201 et seq.), and currently eligible to receive state aid pursuant to article III, section 303 of that act shall be eligible for designation as depository collections provided there are no other libraries in that county designated or eligible for designation under subsections (a)—(f), the library is the central library for a system of public libraries, and the library serves as an extensive regional branch reference library for a large system of libraries.

Cross References

This section cited in 22 Pa. Code § 143.5 (relating to conditions for designation).

§ 143.4. Number of collections.

The state Librarian shall designate no more than 100 libraries in the Commonwealth as depository collections.

§ 143.5. Conditions for designation.

In addition to the provisions of § 143.3 (relating to eligibility for depository collection status), the libraries to be designated as depository collections shall agree to the following conditions:

(1) The publications received under the depository law must be given the same treatment or cataloging as other similar material purchased or given for the regular library collection.

(2) The depository collection library shall agree to provide free public reference and information service from the Commonwealth publications received as a depository. It shall also agree to house adequately and safely the publications until such time as disposal or return of items is authorized.

(3) The publications received must be made available for the use of any citizen of the Commonwealth whether or not that individual is a resident of the municipality in which that library is located, a registered user of the library, or an enrolled student in the institution.

(4) The publications received must be kept in the depository library’s collection for at least 5 years except those items for which the State Librarian may authorize a shorter retention period. All publications due for disposal shall first be offered to the State Library for return before disposal is carried out.

Cross References

This section cited in 22 Pa. Code § 143.6 (relating to application for depository collection status).

§ 143.6. Application for depository collection status.

(a) Automatic designation. The State Librarian shall grant depository status to all eligible libraries falling within § 143.5(a)—(e) (relating to conditions for designation) after receiving their agreement to the conditions outlined in § 143.5.

(b) Discretionary designation. Eligible libraries falling within § 143.5 may be requested by the State Librarian to accept depository status within the given conditions in order to further the aims of the publications depository system for geographical comprehensiveness. Other libraries seeking depository status shall address their request by letter to the State Librarian. Such letters of application shall be signed by the head librarian and the board of trustees in the case of public libraries, or the head librarian and the president of the institution in the case of academic libraries. The State Librarian shall respond to the letter of application within 60 days by granting depository status or by clearly explaining by letter the ineligibility of the library for depository status.

§ 143.7. Termination of depository collection status.

(a) Voluntary termination. If a library decides to relinquish its status as a depository collection it shall do so by letter to the State Librarian. The letter must be signed by both the head librarian and the president of the board of trustees in the case of public libraries and the head librarian and the president of the institution in the case of academic libraries. The State Librarian will arrange to halt the shipment of Commonwealth publications to such libraries and make appropriate mutual arrangement to dispose of any unwanted state publications on deposit with the library.

(b) Involuntary termination. If a depository collection library does not comply with the agreed-to conditions, and, after adequate warning, refuses to comply with said conditions, the State Librarian shall terminate depository status and end the shipment of Commonwealth publications to that library. Notice of termination shall be given by a letter explaining the reasons for the termination to the head librarian with a true copy of the letter to either the president of the institution in the case of an academic library or the president of the board of trustees in the case of public library. Return to the Commonwealth of publications on deposit shall be arranged between the State Librarian and the library’s head librarian.

§ 143.8. Role of the State Library.

(a) Receiving publications. Under sections 201 and 425 of act of June 14, 1961 (24 P.S. § § 4201 and 4425) the State Library shall receive copies of all publications of all agencies of the Commonwealth for the maintenance of its own collection, for distribution to the depository collections, and for exchange with out-of-State libraries, the number of copies of each publication may be up to, but not exceed 250 copies.

(b) Listing publications. The State Library shall publish a periodic listing of Commonwealth publications received for its collection. The list shall be distributed to all public and academic libraries in the Commonwealth.

(c) Selecting publications. The State Library will select publications from those received for its own collection and arrange for copies of those selected to be shipped to the depository collections.

(d) Shipping publications. In most cases the Bureau of Publications, Department of Property and Supplies, shall be responsible for the shipment and delivery of Commonwealth publications to depository collections. When the availability of a publication becomes known to either the State Library or the Bureau of Publications, Department of Property and Supplies, the State Librarian may designate it as a depository item and request the Bureau of Publications to distribute it to the depository libraries. If the publication is not stocked by the Department of Property and Supplies, the State Library will seek to obtain a sufficient number of copies for its own collection and for distribution to the depository.