Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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22 Pa. Code § 131.1. Definitions.

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).



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