Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 171.201(2)(c), 171.230, Chapter 173
NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.201(2)(c) mandates
that the Department for Libraries and Archives provide grants to recognized
library organizations in counties without a public library for the purpose of
providing or establishing countywide public library service under existing
departmental guidelines and to the fiscal courts in counties without recognized
library organizations for distribution to public education entities. This
administrative regulation prescribes the requirements for distribution of
foundation grants and per capita funding to these counties.
Section 1. Definitions.
(1) "Recognized library organization" is that
established by methods provided in KRS Chapter 173.
(2) "Department" is the Department for
Libraries and Archives.
(3) "Public
library service" is the provision of free access through location, hours of
operation and staffing, to an organized collection of informational,
recreational, and cultural materials in a variety of formats, which reflect the
interest of the general population and is open to the entire country. The
collection should not be limited to curriculum-based or special subject
areas.
(4) "Public education
entity" is a public elementary or secondary school, a college or university or
a library which receives its primary financial support from public
funds.
Section 2.
(1) Recognized library organizations in
counties which do not have a public library as defined by KRS 171.230 will be
notified by the department of the availability and requirements for foundation
grants and per capita distribution.
(2) In order to receive the funds set out in
subsection (1) of this section, the recognized library organization shall
complete the department's "Annual Report of Public Libraries Application for
State Support" which will specify their plan for the provision or establishment
of countywide public library service.
(3) If the application is rejected by the
department as not providing for countywide public library service, the
recognized library organization may appeal this rejection to the department in
writing within thirty (30) days from written notice of rejection. A final
determination shall be made by the state librarian/commissioner of the
department within thirty (30) days of the appeal. A review of the state
librarian/commissioner's final determination may be accomplished by filing a
petition for review in the Franklin Circuit Court within thirty (30) days of
such commissioner's determination.
Section 3.
(1) The fiscal court in counties in which
there is no recognized library organization shall be notified by the department
of the availability and requirements for foundation grants and per capita
distribution.
(2) In order to
receive the funds set out in subsection (1) of this section, the fiscal court
shall complete an application for the foundation grants and per capita
distribution as provided by the department. The application will detail the
plan for provision of public library service through a public education
entity.
(3) If the application is
rejected by the department as not providing for countywide public library
service through a public education entity, the fiscal court may appeal this
rejection to the department in writing within thirty (30) days from written
notice of rejection. A final determination shall be made by the state
librarian/commissioner of the department within thirty (30) days of the appeal.
A review of the state librarian/commissioner's final determination may be
accomplished by filing a petition for review in the Franklin Circuit Court
within thirty (30) days of such commissioner's
determination.
Section 4.
Counties which do not have a public library as defined by KRS 171.230 are
eligible for foundation grants and per capita distribution only and are not
eligible for full services and support from the department. Counties with no
recognized library organization are eligible for foundation grants and per
capita distribution only and are not eligible for full services and support
from the department.
STATUTORY AUTHORITY: KRS Chapter 13A, 171.201,
171.220
