Library Regulations - Exposure Draft

Q:  What is the purpose of State Aid?

A: State aid is intended to assist in the maintenance of public libraries and to encourage and enable the improvement of public library service. To be eligible to receive State Aid, a library must first qualify by meeting basic standards of library service. 

§ 9333.  State system of aid to libraries. (a)  Establishment. A system of State aid to assist in the support and maintenance of local libraries, county libraries, library systems, district library centers and Statewide library resource centers is established.

§ 9331.  Qualification in general. (a)  General rule. A local library shall comply with standards under this chapter and regulations promulgated under this chapter regarding hours of operation, staffing, continuing professional development, collections expenditures and any other standards related to library operations.

§ 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.

Q:  Why must libraries complete Plans for State Aid? It seems like a waste of time since you already know how libraries will use it.

A:  Plans for the use of state aid are a statutory requirement. Additionally, the information assists OCL with providing valuable information to the legislature about the ways in which libraries use state funds.

§ 9331.  Qualification in general. (b)  Submission of plan. The following shall apply:

(1)  Any local library desiring to receive State aid under this chapter shall submit a plan for the use of the funds to the State Librarian.

(2)  No payments shall be made until the plan is approved by the State Librarian in accordance with rules and regulations approved by the advisory council.

§ 141.1. Local libraries.  (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.

Q:  Can you explain what you mean by "unduplicated hours?"

A:  We have removed this term from the draft regulations. 

Q:  Shouldn't OCL be advocating for local support?

A:  OCL is a deputate within the PA Department of Education, an agency of the executive branch, and is responsible for the duties outlined in 24 Pa.C.S. Chapter 93. While OCL promotes the value of library service statewide and supports libraries with training and advice, OCL does not advocate for funding at the local level.

Q:  Is OCL going to do anything about how some districts use their district library center aid?

A:  District services and budgets are negotiated by following the GAC Guidelines for Negotiating Agreements for District Library Center Services.

Q:  For supplemental service, will a local library's Overdrive Advantage account qualify? 

A:  OCL will develop a policy that includes more detail about what types of services are eligible. 

Q:  What is the equal distribution amount? How does this apply to the Quality Aid collection expenditure requirement?

A:  The equal distribution grant is a category of aid:

§ 9336. Equal distribution grant. (d) Calculation of grants to local libraries and library systems.  A local library and library system shall receive equal distribution grants determined as follows:

(1)  The total amount of money allocated shall be divided by the number of local libraries, branch libraries and bookmobiles in this Commonwealth which achieve or exceed the applicable basic standards.

(2)  Each library system shall receive an equal grant for each qualifying member local library, branch library and bookmobile.

(3)  Each local library shall receive an equal grant for the central library and each qualifying branch library and bookmobile.

Existing regulations require that a library spend twice the amount of their equal distribution grant on collection expenditures as a basic library standard.  

22 Pa. Code § 141.25. (5) (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.

Draft regulations include this requirement to receive quality aid. In the absence of the formula running, OCL will provide the most current equal grant amount.

Q:  Do Federated Member Libraries have to meet the 12% collection expenditure standard for incentive aid?

A:  This standard is applied at the Independent Library or Library Federation level. The Federated Administrative Unit should outline the expectations of Federated Member Libraries.

Q:  The Minimum Financial Effort (MFE) section is written from the library's perspective. What if a municipality wants to change the library it contributes to? 

A:  The law doesn't require municipal support for libraries. Libraries claim municipalities as part of their service area in their application for State Aid, which then determines the total MFE to be eligible for and the calculation of State Aid. In Library Federations, MFE is met at the federation level. Federated Administrative Unit boards determine the service areas for Federated Member Libraries. See the GAC Guidelines for Libraries Seeking to Expand or Reduce Service Areas. 

Q:  Does the Library Federation apply on behalf of Federated Member Libraries, meaning the individual libraries no longer apply on their own?

A: Because it is the Library Federation (library system) that qualifies for state aid, the Federated Administrative Unit should submit one application for the federation. However, information will still need to be collected at the Federated Member Library level.

Q:  Can a Federated Member Library only meet quality aid standards and the Library Federation still apply for incentive aid?

A:  No, there are specific standards required for Federated Member Libraries in order for a Library Federation to be eligible for incentive aid.

Q:  Why do you include citations to the statute rather than including the specific language, so we don't have to refer back to the statute?

A:  This is a requirement outlined in the Pennsylvania Code & Bulletin Style Manual

Q:  Why aren't all terms included in the definition section?

A:  In the absence of a definition, terms used in the regulations should be interpreted based on the plain meaning, i.e.., the language is unambiguous and clear on its face. If we find that there's an abundance of questions regarding a specific term, we'll create a clarifying document that outlines the office's interpretation.

Q:  Why is there a question about the "maintain" definition in the feedback form?

A:  Maintain was defined in an earlier draft, but it has since been removed.

Q:  What is per capita state aid?

A:  "Per capita" is defined in the statute as "Amounts per person residing in the direct service area of the local library or library system determined on the basis of the most recent official United States Census report for purposes of calculating payment under sections 9334 (relating to quality libraries aid), 9335 (relating to incentive for excellence aid), 9338 (relating to district library center aid) and 9340 (relating to equalization aid).

If the definition of term in the statute does not require additional clarification, we didn't define it in the regulations.

Q:  Why isn't the District Advisory Council (DAC) included in the section on District library center aid?

A:  The requirement for library participation in a negotiated agreement is outlined in the statute. Additional detail about how this process is to be conducted will be outlined in policy.

Q:  Is "Local Financial Effort (LFE)" replaced by "Minimum Financial Effort (MFE)"?

A:  The term "local financial effort" has been replaced with the term "minimum financial effort," however the intent remains the same. The term "local financial effort" isn't used in the statute, and we believe "minimum financial effort" more accurately describes the intention of the law. 

Q:  How do we know which libraries qualify for equalization aid - what is economically distressed?

A:  Equalization aid is a category of state aid and the allocation method as well as the factors used to determine economic distress are outlined in § 9340.

Equalization aid.

(a)  Eligibility.--A local library or library system shall qualify for equalization aid if it:

(1)  Achieves or exceeds applicable basic standards.

(2)  Maintains or exceeds its financial effort of the preceding year.

(3)  Is supported by a municipality that is economically distressed.

(b)  Economically distressed municipality.--A municipality shall be deemed economically distressed if it meets any one or more of the following criteria:

(1)  It is a city, borough, town or township with a market value per capita below the fifth percentile of all such cities, boroughs, towns and townships, as certified annually by the State Tax Equalization Board.

(2)  It is located in a county having a personal income per capita below the 15th percentile of all counties, as certified annually by the Department of Revenue.

(3)  It is located in a county having an annual average unemployment rate above the 70th percentile of all counties, as determined annually by the Department of Labor and Industry.

e)  Allocation method.--The following shall apply:

(1)  Twenty percent of the annual allocation for equalization aid shall first be distributed in equal amounts to all local libraries and members of library systems which qualify for equalization aid.

(2)  The remainder of the annual allocation shall be distributed on a per capita basis to each local library and library system which qualifies for equalization aid by dividing the number of persons residing in the direct service area of each such local library or library system by the total number of such persons residing in the direct service areas of all qualifying local libraries or library systems and multiplying the result by the amount of the allocation to be distributed on a per capita basis.