First Regular Session
Sixty-second General Assembly
LLS NO. 99-0330.01 Bob Lackner SENATE BILL 99-093
STATE OF COLORADO
BY SENATOR Dennis;
also REPRESENTATIVES Dean, Kester.
REREVISED EDUCATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE ESTABLISHMENT OF A PROGRAM OF STATE GRANTS TO
102 PUBLICLY-SUPPORTED LIBRARIES FOR THE PURCHASE OF
103 EDUCATIONAL RESOURCES, AND MAKING AN APPROPRIATION
104 THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduce d and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Establishes a program whereby the state librarian will make grants
to eligible public libraries, academic libraries, and school libraries for the
purchase of educational resources these institutions would otherwise be
unable to afford. States qualifications and reporting requirements for said
grants.
Makes an appropriation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 90 of title 24, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW PART to read:
4 PART 4
5 LIBRARY GRANTS
24-90-401. Short title. THIS PART 4 SHALL BE KNOWN AND MAY
6 BE CITED AS THE "STATE GRANTS FOR LIBRARIES ACT".
7 24-90-402. Legislative declaration. THE GENERAL ASSEMBLY
8 HEREBY FINDS AND DETERMINES THAT THE PURPOSE OF THIS PART 4 IS TO
9 PROMOTE MEANS WHEREBY THE STATE WILL MAKE GRANT MONEYS
10 AVAILABLE TO PUBLICLY-SUPPORTED LIBRARIES, INCLUDING PUBLIC
11 LIBRARIES, SCHOOL LIBRARIES, AND ACADEMIC LIBRARIES, TO ENABLE
12 THESE INSTITUTIONS TO OBTAIN EDUCATIONAL RESOURCES THEY WOULD
13 OTHERWISE BE UNABLE TO AFFORD, TO THE END THAT THE STATE WILL
14 RECEIVE THE CORRESPONDING BENEFITS OF A BETTER EDUCATED AND
15 INFORMED POPULATION.
16 24-90-403. Definitions. AS USED IN THIS PART, UNLESS THE
17 CONTEXT OTHERWISE REQUIRES:
18 (1) "ACADEMIC LIBRARY" HAS THE SAME MEANING AS SET FORTH
19 IN SECTION 24-90-103 (1).
20 (2) "COUNTY LIBRARY" HAS THE SAME MEANING AS SET FORTH IN
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1 SECTION 24-90-103 (2).
2 (3) "EDUCATIONAL RESOURCES" MEANS ANY ONE OR ALL OF THE
3 FOLLOWING: BOOKS, PERIODICALS, AND ANY OTHER FORM OF PRINT
4 MEDIA; AUDIOVISUAL MATERIALS; AND ELECTRONIC INFORMATION
5 RESOURCES.
6 (4) "ELECTRONIC INFORMATION RESOURCES" MEANS MATERIAL OF
7 AN EDUCATIONAL OR INFORMATIONAL NATURE THAT MAY ONLY BE
8 ACCESSED BY COMPUTER OR ELECTRONIC TERMINAL, AND INCLUDES,
9 WITHOUT LIMITATION, EDUCATIONAL INFORMATION AVAILABLE THROUGH
10 THE INTERNET, AS DEFINED IN SECTION 24-79-102 (2) (a).
11 (5) "ELIGIBLE PARTICIPANT" MEANS A PUBLICLY-SUPPORTED
12 LIBRARY WHICH OTHERWISE SATISFIES THE REQUIREMENTS FOR GRANT
13 ELIGIBILITY PURSUANT TO THIS PART 4.
14 (6) "FUND" MEANS THE STATE GRANTS TO PUBLICLY-SUPPORTED
15 LIBRARIES FUND CREATED PURSUANT TO THIS PART 4.
16 (7) "JOINT LIBRARY" HAS THE SAME MEANING AS SET FORTH IN
17 SECTION 24-90-103 (4).
18 (8) "LIBRARY DISTRICT" HAS THE SAME MEANING AS SET FORTH IN
19 SECTION 24-90-103 (6).
20 (9) "MUNICIPAL LIBRARY" HAS THE SAME MEANING AS SET FORTH
21 IN SECTION 24-90-103 (11).
22 (10) "PUBLIC LIBRARY" HAS THE SAME MEANING AS SET FORTH IN
23 SECTION 24-90-103 (13).
24 (11) "PUBLICLY-SUPPORTED LIBRARY" HAS THE SAME MEANING AS
25 SET FORTH IN SECTION 24-90-103 (14).
26 (12) "REGIONAL LIBRARY SERVICE SYSTEM" HAS THE SAME
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1 MEANING AS SET FORTH IN SECTION 24-90-103 (16).
2 (13) "SCHOOL LIBRARY" HAS THE SAME MEANING AS SET FORTH IN
3 SECTION 24-90-103 (18).
4 (14) "STATE LIBRARIAN" MEANS THE COMMISSIONER OF
5 EDUCATION, AS EX OFFICIO STATE LIBRARIAN PURSUANT TO SECTION
6 24-90-104 (2), OR ANY PERSON DESIGNATED BY HIM OR HER TO PERFORM
7 ANY OF THE DUTIES AND RESPONSIBILITIES CHARGED TO THE STATE
8 LIBRARIAN PURSUANT TO THIS PART 4.
9 24-90-404. Qualifications. (1) SUBJECT TO THE REQUIREMENTS
10 OF THIS SECTION, THE GOVERNING BODY OF ANY ELIGIBLE PARTICIPANT
11 MAY SUBMIT AN APPLICATION TO THE STATE LIBRARIAN REQUESTING A
12 GRANT PURSUANT TO THIS PART 4. ANY GRANT APPROVED BY THE STATE
13 LIBRARIAN PURSUANT TO THE REQUIREMENTS OF THIS PART 4 SHALL BE
14 AWARDED TO THE GOVERNING BODY WHICH SUBMITTED SAID APPLICATION.
15 (2) IN ORDER TO OBTAIN GRANT MONEYS UNDER THIS PART 4, AND
16 AS A CONDITION OF THE RECEIPT OF MONEYS UNDER SAID PART, EACH
17 ELIGIBLE PARTICIPANT SHALL AGREE TO:
18 (a) USE ANY GRANT MONEYS ONLY FOR THE PURCHASE OR USE OF
19 EDUCATIONAL RESOURCES TO SUPPORT THE EDUCATIONAL AND
20 INFORMATIONAL NEEDS AND ACTIVITIES OF ITS RESIDENTS, STUDENTS, OR
21 FACULTY, AS THE CASE MAY BE;
22 (b) PARTICIPATE AS THE STATE LIBRARIAN DEEMS APPROPRIATE IN
23 VARIOUS PROGRAMS ESTABLISHED TO PROMOTE AND ENHANCE
24 INTERLIBRARY SHARING OF RESOURCES AND INFORMATION INCLUDING,
25 WITHOUT LIMITATION, THE COLORADO LIBRARY CARD RECIPROCAL
26 PROGRAM AND THE COLORADO LIBRARY COMPUTER NETWORK;
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1 [(c) ADOPT A POLICY GOVERNING ACCEPTABLE USE OF THE
2 INTERNET BY ITS RESIDENTS, STUDENTS, OR FACULTY, AS THE CASE MAY
3 BE;]
4 [(d)] IN THE CASE OF ANY ELIGIBLE PARTICIPANT OTHER THAN AN
5 ACADEMIC LIBRARY, MAINTAIN ITS CURRENT EFFORTS TO OBTAIN FUNDING
6 FROM EXISTING LOCAL REVENUE SOURCES TO THE END THAT MONEYS
7 RECEIVED UNDER THIS PART 4 DO NOT REPLACE OR DISPLACE EXISTING
8 LOCAL REVENUE SOURCES;
9 [(e)] IN THE CASE OF AN ELIGIBLE PARTICIPANT THAT IS AN
10 ACADEMIC LIBRARY, MAINTAIN ITS CURRENT EFFORTS TO OBTAIN FUNDING
11 FROM OTHER FEDERAL OR STATE REVENUE SOURCES TO THE END THAT
12 MONEYS RECEIVED UNDER THIS PART 4 DO NOT REPLACE OR DISPLACE
13 EXISTING FEDERAL AND STATE REVENUE SOURCES;
14 [(f)] PERFORM OTHER SUCH REQUIREMENTS AS THE STATE LIBRARIAN
15 DEEMS APPROPRIATE IN THE EXERCISE OF HIS OR HER DISCRETION TO
16 FURTHER THE PURPOSES OF THIS PART 4.
17 (3) ELIGIBLE PARTICIPANTS SHALL APPLY FOR GRANTS MADE
18 AVAILABLE PURSUANT TO THIS PART 4 ON OFFICIAL APPLICATION FORMS
19 PROVIDED BY THE STATE LIBRARIAN. ELIGIBLE PARTICIPANTS SHALL
20 PROVIDE SUCH INFORMATION ON SAID FORMS AS THE STATE LIBRARIAN
21 MAY REQUIRE IN FURTHERANCE OF THE PURPOSES OF THIS PART 4.
22 24-90-405. Administration - powers and duties of the state
23 librarian in administering the grants program. (1) THE STATE
24 LIBRARIAN SHALL HAVE THE FOLLOWING POWERS AND DUTIES IN
25 ADMINISTERING THIS PART 4:
26 (a) TO ADOPT AND PUBLICIZE CRITERIA REGARDING GRANTS MADE
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1 AVAILABLE PURSUANT TO THIS PART 4;
2 (b) TO REVIEW AND MONITOR THE EXPENDITURE OF GRANT
3 MONEYS BY GRANT RECIPIENTS;
4 (c) TO APPROVE REQUESTS FOR GRANTS UNDER THIS PART 4 AND
5 TO DETERMINE THE AMOUNT OF MONEY TO BE AWARDED UNDER EACH
6 GRANT. GRANTS MAY BE AWARDED SUBJECT TO THE LIMITATIONS OF THIS
7 PART 4 AND IN THE FOLLOWING AMOUNTS:
8 (I) EACH PUBLIC LIBRARY THAT SATISFIES THE REQUIREMENTS OF
9 THIS PART 4 MAY BE AWARDED GRANT MONEYS IN AN AGGREGATE AMOUNT
10 [THAT SHALL BE NO LESS THAN THREE THOUSAND DOLLARS.
11 NOTWITHSTANDING THE FACT THAT] A PUBLIC LIBRARY AS DEFINED FOR
12 PURPOSES OF THIS PART 4 MAY MAINTAIN MORE THAN ONE BRANCH OR
13 OTHER SEPARATE FACILITY, A PUBLIC LIBRARY SHALL BE CONSIDERED THE
14 EQUIVALENT OF ONE ELIGIBLE PARTICIPANT FOR PURPOSES OF THIS PART
15 4.
16 (II) EACH SCHOOL LIBRARY THAT SATISFIES THE REQUIREMENTS OF
17 THIS PART 4 MAY BE AWARDED GRANT MONEYS IN AN AGGREGATE AMOUNT
18 [THAT SHALL BE NO LESS THAN THREE THOUSAND DOLLARS.
19 NOTWITHSTANDING THE FACT THAT A SCHOOL] LIBRARY AS DEFINED FOR
20 PURPOSES OF THIS PART 4 MAY MAINTAIN MORE THAN ONE SEPARATE OR
21 INDIVIDUAL LIBRARY FACILITY UNDER ITS CONTROL, A SCHOOL LIBRARY
22 SHALL BE CONSIDERED THE EQUIVALENT OF ONE ELIGIBLE PARTICIPANT
23 FOR PURPOSES OF THIS PART 4.
24 (III) EACH ACADEMIC LIBRARY THAT SATISFIES THE REQUIREMENTS
25 OF THIS PART 4 MAY BE AWARDED GRANT MONEYS IN AN AGGREGATE
26 [AMOUNT THAT SHALL BE NO LESS THAN THREE THOUSAND DOLLARS.]
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1 NOTWITHSTANDING THE FACT THAT AN INSTITUTION OF HIGHER
2 EDUCATION MAY MAINTAIN MORE THAN ONE LIBRARY AT THE SAME OR
3 ADDITIONAL CAMPUSES, EACH SUCH INSTITUTION SHALL BE CONSIDERED
4 THE EQUIVALENT OF ONE ELIGIBLE PARTICIPANT FOR PURPOSES OF THIS
5 PART 4.
6 (d) TO RECOMMEND TO THE STATE BOARD OF EDUCATION THE
7 PROMULGATION OF REASONABLE RULES NECESSARY FOR THE
8 ADMINISTRATION OF THIS PART 4 PURSUANT TO SECTIONS 24-90-105 (1) (a)
9 (I) AND 24-4-103;
10 (e) TO EXERCISE ANY OTHER POWERS OR PERFORM ANY OTHER
11 DUTIES WHICH ARE CONSISTENT WITH THE PURPOSES OF THIS PART 4 AND
12 WHICH ARE REASONABLY NECESSARY FOR THE FULFILLMENT OF THE STATE
13 LIBRARIAN'S RESPONSIBILITIES.
14 24-90-406. Reporting. ALL ELIGIBLE PARTICIPANTS RECEIVING
15 FUNDS UNDER THIS PART 4 SHALL SUBMIT TO THE STATE LIBRARIAN BY
16 JANUARY 1 OF EACH CALENDAR YEAR FOLLOWING THE YEAR IN WHICH A
17 GRANT AWARD WAS MADE A REPORT CONTAINING A STATEMENT OF ALL
18 MONEYS RECEIVED UNDER THIS PART 4, THE PURPOSES FOR WHICH THE
19 MONEYS WERE USED, THE PARTICIPANT'S COMPLIANCE WITH THE
20 REQUIREMENTS OF THIS ARTICLE, THE OVERALL EFFECTIVENESS OF THE
21 GRANT IN MEETING THE PURPOSES OF THIS PART 4, AND SUCH OTHER
22 INFORMATION THAT THE STATE LIBRARIAN MAY REQUIRE.
23 24-90-407. State grants to publicly-supported libraries fund -
24 creation - source of funds - administrative costs. (1) THERE IS HEREBY
25 CREATED IN THE STATE TREASURY THE STATE GRANTS TO
26 PUBLICLY-SUPPORTED LIBRARIES FUND, WHICH FUND SHALL BE
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1 ADMINISTERED BY THE STATE LIBRARIAN, AND WHICH SHALL CONSIST OF
2 ALL MONEYS APPROPRIATED TO SAID FUND BY THE GENERAL ASSEMBLY,
3 AND ALL MONEYS COLLECTED BY THE STATE LIBRARIAN PURSUANT TO
4 SECTION 24-90-405 (1) (c) FROM FEDERAL GRANTS AND OTHER
5 CONTRIBUTIONS, GRANTS, GIFTS, BEQUESTS, AND DONATIONS RECEIVED
6 FROM INDIVIDUALS, PRIVATE ORGANIZATIONS, AND FOUNDATIONS. SUCH
7 MONEYS SHALL BE TRANSMITTED TO THE STATE TREASURER TO BE
8 CREDITED TO THE FUND.
9 (2) ALL MONEYS IN SAID FUND SHALL BE SUBJECT TO ANNUAL
10 APPROPRIATION BY THE GENERAL ASSEMBLY. FOR ANY GIVEN FISCAL
11 YEAR, NO MORE THAN TWO AND ONE-HALF PERCENT OF THE MONEYS
12 APPROPRIATED FROM SAID FUND FOR THIS PART 4 SHALL BE EXPENDED FOR
13 THE ADMINISTRATIVE COSTS OF THE STATE LIBRARIAN IN ADMINISTERING
14 THIS PART 4. FOR ANY GIVEN FISCAL YEAR, IF SAID ADMINISTRATIVE COSTS
15 AMOUNT TO LESS THAN TWO AND ONE-HALF PERCENT OF THE
16 APPROPRIATION MADE, THE STATE LIBRARIAN MAY DISTRIBUTE THE
17 DIFFERENCE BETWEEN AN AMOUNT EQUAL TO TWO AND ONE-HALF
18 PERCENT OF THE AMOUNT OF THE APPROPRIATION MADE AND THE AMOUNT
19 OF ADMINISTRATIVE COSTS ACTUALLY INCURRED TO THE REGIONAL
20 LIBRARY SERVICE SYSTEMS TO ASSIST PUBLICLY-SUPPORTED LIBRARIES IN
21 MEETING THE ELIGIBILITY CRITERIA UNDER THIS PART 4.
22 24-90-408. Additional sources of funding. ANY ELIGIBLE
23 PARTICIPANT MAY PURSUE ADDITIONAL SOURCES OF FUNDING FOR THE
24 FINANCING OF THE PURCHASE OR USE OF EDUCATIONAL RESOURCES,
25 INCLUDING WITHOUT LIMITATION, GRANTS, DONATIONS, AND
26 CONTRIBUTIONS FROM ANY OTHER PUBLIC OR PRIVATE SOURCE.
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1 SECTION 2. {Appropriation - adjustment in 1999 long bill.}
2 (1) In addition to any other appropriation, there is hereby appropriated,
3 out of any moneys in the general fund not otherwise appropriated, to the
4 state grants for publicly-supported libraries fund created in section
5 24-90-405, Colorado Revised Statutes, for the fiscal year beginning July
6 1, 1999, the sum of {two million dollars ($2,000,000).
7 (2) In addition to any other appropriation, there is hereby
8 appropriated, out of any moneys in the state grants for publicly-supported
9 libraries fund not otherwise appropriated, to the department of education
10 for allocation to the state library, for the fiscal year beginning July 1,
11 1999, the sum of two million dollars ($2,000,000) and} [0.5 FTE,] {or so
12 much thereof as may be necessary, for implementation of this act. Such
13 sum shall be from cash funds exempt received from the department of
14 education out of the appropriation made in subsection (1) of this section;
15 except that no more than 2.5% of said appropriation shall be expended
16 for the administrative costs of the state librarian in administering the act.
17 (3) For the implementation of this act, appropriations made in the
18 annual general appropriations act for the fiscal year beginning July 1,
19 1999, shall be adjusted as follows:
20 (a) The general fund appropriation to the capital construction fund
21 outlined in section 3 (1) (f) is reduced by two million dollars
22 ($2,000,000).
23 (b) The capital construction fund exempt appropriation to the
24 department of transportation, construction projects, is reduced by two
25 million dollars ($2,000,000).}
26 SECTION 3. Safety clause. The general assembly hereby finds,
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1 determines, and declares that this act is necessary for the immediate
2 preservation of the public peace, health, and safety.