Alaska Library Law

AS Sec. 40.25.140. Confidentiality of library records.

1. Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 40.25.110 or 40.25.120. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska.
2. Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child.

AS Sec. 14.56.300. Library assistance grant program.

There is established in the department a library assistance grant program. From legislative appropriations, the department shall make grants to eligible libraries for public library operations, for interlibrary cooperation, or for regional library services.

AS Sec. 14.56.310. Eligibility.

1. Libraries eligible for grants under AS 14.56.300 are
   1. public libraries established under AS 14.56.400 or, in a municipality that does not have a public library established under AS 14.56.400, another library that
      1. is a nonprofit corporation and holds meetings of its board of directors in public;
      2. provides services listed in AS 14.56.400 (a); and
      3. is approved to receive grants under AS 14.56.300 by resolution of the governing body of that municipality;
   2. libraries sharing resources free of charge with other libraries in the state; and
   3. libraries providing regional library services.
2. A library described in (a)(1) of this section is eligible for a public library assistance grant. A library described in (a)(2) of this section is eligible for an interlibrary cooperation assistance grant. A library described in (a)(3) of this section is eligible for a regional library services assistance grant.

AS Sec. 14.56.320. Applications.

An eligible library may apply to the department for a grant under AS 14.56.300 - 14.56.340 in accordance with regulations adopted by the board.

AS Sec. 14.56.330. Limitations.

1. A public library assistance grant under AS 14.56.310 (a)(1) may be a basic grant or a per capita grant. A basic grant may not be more than $7,000 for each service outlet of the public library in any one fiscal year. The amount of a basic grant must be equally matched by local money, the fair value of volunteer labor, or a combination of local money and volunteer labor. If the amount available for public library assistance grants during a fiscal year is not sufficient to fully fund basic grants for all eligible libraries, the amount available shall be prorated so that the amount of basic grants for all eligible libraries is reduced by the same percentage. After payment of basic grants to all eligible libraries during a fiscal year, any amount remaining for public library assistance grants shall be distributed as per capita grants to each library that received a basic grant. The amount of the per capita grants shall be based on the population of the municipality or unincorporated community served by each of the libraries.
2. State money granted to a library under AS 14.56.300 - 14.56.340 may not be used to supplant local money equal to local expenditures for that library in fiscal year 1980, as adjusted annually by the commissioner to conform approximately to changes in the United States Department of Labor Bureau of Labor Statistics consumer price index for Anchorage, Alaska. A library that uses state money to supplant local money forfeits eligibility for grants under AS 14.56.300 - 14.56.340 for two years.

AS Sec. 14.56.340. Regulations.

The board shall adopt regulations necessary to carry out the purposes of AS 14.56.300 - 14.56.330. The regulations must include qualifications for grant eligibility and provisions regarding the use of grant funds.

AS Sec. 14.56.360. Public school library collection development grants.

1. There is established in the department a public school library collection development grant program.
2. The person or division in charge of the state library shall award and administer grants of not more than $3,000 for a fiscal year for use by a public school library eligible under AS 14.56.365 to expand and improve the library collection to include relevant and current reading materials.
3. If money appropriated for the program is insufficient to fund all eligible grant requests submitted under AS 14.56.365 , the available funding shall be awarded to the highest ranked applicants, according to criteria established by the department in regulation.

AS Sec. 14.56.365. Eligibility.

1. A library eligible for a grant under AS 14.56.360 must be a public school library established and supported by a school district that
   1. provides physical space or, if a correspondence school operated by a school district, resources for use as a library;
   2. provides regularly scheduled library hours for all students enrolled in the school;
   3. provides designated library personnel to staff the library;
   4. provides acceptable evidence of the promotion of library and information literacy standards;
   5. maintains an annual library budget that includes library staffing and materials; and
   6. contributes, from the school district's budget, an amount that is not less than the grant award that is paid for library collection materials or contributes in-kind value of services.
2. The department shall establish by regulation an application and review procedure, including requirements for submission of adequate documentation to prove eligibility under this section. Documentation must include submission of library class schedules, job descriptions for library staff, and a copy of an annual budget for the library.

AS Sec. 14.56.370. Eligible expenditures.

1. A library collection development grant may be used only to purchase library collection materials by a public school or by a school district if the district operates a correspondence program with an eligible school library. In this subsection, "library collection materials" means books, magazines, reference and audio-visual materials, and electronic subscriptions that support school curriculum and student reading activities.
2. A library collection development grant may not be used to supplant school district expenditures for the library or to purchase classroom materials, textbooks, testing software, library automation software, computer hardware, operating software, or technology support.

AS Sec. 14.56.375. Report.

A recipient of a grant awarded under AS 14.56.360 shall prepare a brief annual report to the department describing the effects of the grant and whether all conditions of the grant were met or exceeded.

AS Sec. 14.56.400. Public libraries.

1. A public library established under this section shall provide at least the following services free of charge to the residents of the municipality or community:
   1. establish and maintain a collection of books and other materials for loaning;
   2. provide access to interlibrary loan services;
   3. provide reading or other educational programs for children; and
   4. provide reference information.
2. A public library established under this section shall submit an annual report of its operations and the services it provides to the director of the division that has responsibility for state libraries.

Sec 4 AAC 57.020. Annual report of library operations.

Each library in the state that receives money from the state for the support of the library shall annually provide the division of state libraries with information about library operations which the division requests, including information relating to the library's service area and population served, facilities, assets and liabilities, use of the library's resources, personnel, salaries, budget, statement of income and expenditures, collection and acquisition of library materials, hours of service, and interlibrary cooperation and resource-sharing agreements.

Sec 4 AAC 57.050. Purpose.

1. Subject to the availability of appropriations from the legislature, the division shall award library assistance grants to eligible applicant libraries to assist in funding eligible library operations, interlibrary cooperation, and regional library services. For each grant the division shall specifically describe the library services purposes for which it may be expended.
2. The division shall approve applications for library assistance grants in the following categories:
   1. public library assistance grants, as authorized by AS 14.56.310 (a)(1), to assist a municipal library a public library nonprofit corporation with library operational costs;
   2. interlibrary cooperation grants, as authorized by AS 14.56.310 (a)(2), to assist libraries with the cost of sharing resources with other libraries of the state;
   3. regional library services grants, as authorized by AS 14.46.310 (a)(3), to assist libraries in providing regional library services to areas of the state in which there are no library facilities.
3. Libraries receiving library assistance grants shall provide interlibrary loan services free of charge to other in-state libraries.

Sec 4 AAC 57.063. Public library assistance grants: Required local match.

1. A public library may apply for a public library assistance grant of no more than $7,000 for each of its public library outlets. For money paid to a public library as a public library assistance grant, an equal matching amount of local resources must be provided in the form of local money, volunteer labor, or a combination of the two.
2. The director shall determine the value of the volunteer labor proposed as a local match, based upon the prevailing wage rates for comparable positions.
3. If a portion of the proposed local match is identified as money expended for utility costs for a public library located in a shared or combined facility, the director shall determine the value of the match based upon the proportion of use of the facility by the public library.

Sec 4 AAC 57.064. Public library assistance grants: Eligibility.

1. To qualify for a public library assistance grant, a library must
   1. provide, at a minimum, the following services:
      1. a circulating collection of library books and materials that the library purchases and maintains;
      2. interlibrary loans;
      3. reference services;
      4. children's programs;
   2. keep each library facility for which a grant application is made open to provide free library services to all residents of that facility's legal service area on a regularly scheduled basis for at least 48 weeks per year and three days per week; additionally, the library must keep each library facility open for a minimum number of hours per week, as follows:
      1. for a separately administered library facility that is not a branch outlet as described in (B) of this paragraph, and that serves
         1. under 750 individuals, 10 hours per week;
         2. 750 - 1,500 individuals, 15 hours per week;
         3. 1,501 - 3,000 individuals, 25 hours per week;
         4. 3,001 - 10,000 individuals, 40 hours per week;
         5. over 10,000 individuals, 50 hours per week;
      2. for a branch outlet of a public library system that the director determines to be easily accessible by road to the system's main library, and that serves
         1. under 1,000 individuals, 15 hours per week;
         2. 1,000 - 4,999 individuals, 20 hours per week;
         3. 5,000 or more individuals, 25 hours per week;
      3. five hours per week during evening and weekend hours; and
      4. for a combined public and school library, 10 hours per week outside regular school hours;
   3. adopt and maintain policies that include
      1. a statement of mission, goals, and objectives; and
      2. a written collection development policy, providing for the selection, evaluation, and weeding of materials and reconsideration of materials;
   4. provide trained paid or volunteer staff on duty at each facility during all hours of operation of the facility, including a designated library director who
      1. completes every two years at least one continuing education program approved by the state librarian;
      2. if the library is in a municipality with a population of 3,000 to 5,999, has a bachelor's degree and library management experience or training; and
      3. if the library is in a municipality with a population of 6,000 or greater, has a master's degree in library or information science;
   5. if administered by a nonprofit corporation, hold public meetings of the board of directors on at least a quarterly basis;
   6. provide matching funds as required under AS 14.56.330 and 4 AAC 57.063;
   7. maintain an accurate accounting of the library's budget and expenditure of money; and
   8. annually submit to the division, on or before September 1, a complete public library annual report and public library assistance grant report on forms provided by the state library.
2. The director shall grant a waiver of application of one or more of the requirements of this section, as requested in writing by an applicant, if the director determines that
   1. the applicant has shown good cause for the waiver; and
   2. the waiver is consistent with the requirements of AS 14.56.300 - 14.56.340 and AS 29.35.125.

Sec 4 AAC 57.065. Interlibrary cooperation grants.

The interlibrary cooperation grant program is competitive. The division shall make an interlibrary cooperation grant to a library to promote or support

1. sharing of resources;
2. cooperative services with another library;
3. innovative programs for the delivery of library services; or
4. training or other programs that strengthen library services.

Sec 4 AAC 57.067. Public library assistance grants: Combined public and school library facilities.

1. If an applicant for a public library assistance grant is a combined public and school library, that library must, in addition to meeting the eligibility requirements of 4 AAC 57.064,
   1. execute and keep in force a binding legal agreement between the school district and the governing body of the public library, approved by the division, providing for allocation of
      1. financial responsibilities;
      2. the ownership, maintenance, care, and right of use of collections, equipment, and physical facilities;
      3. staffing and personnel requirements; and
      4. hours of service;
   2. provide access to the general public other than students enrolled in the school and in compliance with the minimum hour requirements of 4 AAC 57.064, through
      1. placement of the library in a facility separate from the school facility;
      2. placement of the library in a school room that has a public entrance direct to the outside and accessible by the library patrons; or
      3. providing space for the library in a school room that can be easily located and accessed from a school entrance that is identified and posted as the public library entrance; and
   3. provide space for library materials for patrons of all ages and allocate space and money for establishing a collection of library materials for children, young adults, and adults, in appropriate proportions.
2. An application for a public library assistance grant from a combined public and school library applicant must include
   1. a copy of the division-approved agreement between the school district and the governing body of the public library; and
   2. other evidence that the division considers necessary to determine compliance with (a) of this section, as requested by the division.
3. For the purposes of this section, the governing body of the public library may be the municipal assembly, an advisory board appointed by the municipal assembly, or the board of directors of a nonprofit corporation which meets the eligibility requirements of AS 14.56.310 (a).
4. A combined public and school library may not purchase school or curriculum-related library materials with public library assistance grant money or the local matching money. The governing body of the library shall retain records and invoices for library materials purchased from public library assistance grant funds and local matching funds for a period of three years, and shall make them available for inspection by the division upon request.

Sec 4 AAC 57.069. Regional library services grants.

The division shall make a regional library services grant to a library that enters into an agreement with the state library to act on behalf of the state library to:

1. furnish library materials to areas of the state in which there is not sufficient population or local revenue to support operation of a public library facility; or
2. provide services, training, or technical support to other libraries.

Sec 4 AAC 57.070. Application.

1. An application for a library assistance grant must be filed with the director. Application must be made on a form provided by the division.
2. An application for a fiscal year must be submitted by April 1 of the preceding fiscal year.
3. If appropriated money is available after a final decision is made on all applications filed during the application period set out in (b) of this section, the director may accept and consider additional applications for grants which were filed after the application period set in (b) of this section.

Sec 4 AAC 57.074. Decision on application.

1. By August 1 of each fiscal year, the director of the division of state libraries shall make a decision on each completed grant application that was submitted by the application deadline set by 4 AAC 57.070(b) .
2. The director shall set aside 75 percent of the state general funds appropriated for library assistance grants to fund public library assistance grants. If the set-aside is not sufficient to fully fund the state match, the direction shall reduce each grant proportionally.
3. The director shall set aside the remaining 25 percent of the state general funds appropriated for library assistance grants to fund interlibrary cooperation grants and regional services grants.
4. The decision of the director under (a) of this section must be in writing and, if an applicant is determined to be eligible for a grant, must state the amount of the grant.
5. The director shall deliver to an applicant whose grant application has been approved, a grant agreement restating the general requirements of the program under which the grant is approved. The director shall transmit payment of the grant to the applicant only after the grant agreement has been signed and returned to the division.

Sec 4 AAC 57.076. Amendment of application.

An application may be amended after a decision has been made under 4 AAC 57.074 if the director finds that the amendment is in the best interests of the state.

Sec 4 AAC 57.084. Administrative review.

An applicant who is dissatisfied with a decision by the director under 4 AAC 57.074 may obtain review of that decision in the manner made available to school districts under 4 AAC 40.010 - 4 AAC 40.050.

Sec 4 AAC 57.087. Use of grant proceeds.

1. A library assistance grant approved by the division must be used for the purposes set out in the application filed under 4 AAC 57.070 as approved by the director or, if amended, as amended under 4 AAC 57.076. The grant money must be spent in a manner consistent with the provisions of the grant agreement.
2. The proceeds of a library assistance grant
   1. must be accounted for separately from other money received by the library from government and private sources;
   2. must be spent or encumbered by the library by the end of the grant period.
3. In each fiscal year, a public library receiving a public library assistance grant shall expend at least $3,500, from either grant or local matching money, for library materials and on-line services for each of its public library outlets.
4. Except as provided under (e) of this section, a library that receives an interlibrary cooperation grant under 4 AAC 57.065 or a regional library services grant under 4 AAC 57.069 may apply a portion of the grant to meet indirect or administrative costs of the operation of the library. The portion of the grant applied may not exceed the rate set for similar charges by the governing body of the library or eight percent of the grant, whichever is less.
5. A library that receives a public library assistance grant or an interlibrary cooperation grant that is of primary benefit to the library receiving the grant may not use the proceeds of the grant to meet indirect or administrative costs of the operation of the library.
6. A library may change a grant line item by up to 10 percent without prior approval of the division.

Sec 4 AAC 57.089. Local match.

A public library that receives a public library assistance grant:

1. shall spend or encumber the full amount of the locally-generated match money that it has committed to meet the local match support requirements of the grant by the end of the fiscal year for which the grant is made;
2. may not spend or encumber an amount that is less than the full amount of the locally-generated match money that it has committed to meet the local match support requirements of the grant even if, under 4 AAC 57.074(c) , the director prorates the amount provided as the state matching grant.

Sec 4 AAC 57.091. Financial report for grant.

A library that receives a library assistance grant shall file with the division a financial report for the use of the grant. The report must be made on a form provided by the division, and must be filed on or before September 1 following the close of the fiscal year for which the grant was received.

Sec 4 AAC 57.095. Program administration.

1. The director may require repayment from a library of
   1. repealed 4/2/99;
   2. the portion of money paid as a grant that the library does not spend or encumber by the end of the fiscal year for which the grant was received; and
   3. the full amount of a grant
      1. if the proceeds of the grant have been used for purposes other than those allowed by the grant application and grant agreement;
      2. if the library fails to file the annual report of library operations required by 4 AAC 57.020 or the financial report for the grant required by 4 AAC 57.091; or
      3. if the library fails to spend the local matching money as required in AS 14.56.330 .
2. Subject to appropriation, the director shall deposit amounts recovered under (a) of this section into the library assistance grant account.
3. To enforce repayment of an amount that the director determines is due from a library under (a) of this section, the director may withhold payment in the second succeeding and subsequent fiscal years of all or any portion of a grant based on an approved application from the library.
4. The director may not pay a grant to a library that has failed to file the annual report of library operations required by 4 AAC 57.020 or the financial report for a grant required by 4 AAC 57.091 until the report has been filed.

Sec 4 AAC 57.099. Exemptions.

An individual who is the permanent director of a public library on April 2, 1999 is exempt from the educational requirements of 4 AAC 57.064(a) (4).

Sec 4 AAC 57.410. General eligibility.

A school district:

1. may apply for a public school library collection development grant on behalf of a school with a public school library eligible under AS 14.56.365;
2. that operates a correspondence program with a public school library eligible under AS 14.56.365 may apply for a public school library collection development grant for that library.

Sec 4 AAC 57.420. Application process.

1. A school district that applies for a public school library collection development grant must submit
   1. a complete application, on a form provided by the division; the district must submit a separate application for each public school library for which a grant award is sought; the application must include
      1. the name, physical address, telephone number, and electronic mail address of the (i) school district; and (ii) school or correspondence program with the public school library;
      2. the name, telephone number, and electronic mail address of a contact person for the application;
      3. a statement of the number of students that the public school library serves;
      4. a statement of the size of the public school library's library collection materials;
      5. the name and title of each individual designated to staff the public school library;
      6. a statement of how library and information literacy standards are promoted;
      7. a proposal that
         1. demonstrates the public school library's need for the grant money; and
         2. explains in detail how grant money is to be spent for library collection materials at the public school library;
      8. a statement of the budget for library staffing and materials, showing
         1. the amount of the cash match or in-kind value of services that the school district will provide as required under AS 14.56.365(a)(6); and
         2. other non-school district money for library collection materials; and
      9. a statement of the federal or other grants received, or expected to be received, to purchase library collection materials for the public school library, or whether the library is eligible for those grants; and
   2. documentation that includes
      1. a copy of the library class schedule;
      2. a job description for each library staff member;
      3. a copy of the annual budget for the library;
      4. documentation of physical space for use as a library, unless the application is for a correspondence school; and
      5. documentation of resources for use as a library, if the application is for a correspondence school.
2. The application and documentation must be received by the division or postmarked on or before the date set by the division.

Sec 4 AAC 57.430. Review process.

1. The division will evaluate each timely application for a public school library collection development grant for
   1. compliance with eligibility requirements; and
   2. previous compliance with grant expenditure requirements and grant reporting requirements.
2. If appropriations to the public school library collection development grant program are insufficient to award grants to all eligible public school libraries, the division will award grants on a pro rata basis to all public school libraries, unless the division determines that the available grant money per public school library would be insufficient to fulfill the purposes of the grant program, in which case the division will rank all applications and award grants to the top ranked public school libraries. In ranking applications, the division will consider the following criteria:
   1. the public school library has demonstrated higher need for the materials than other public school libraries for which grants are sought;
   2. the public school library has received or will receive less money from federal or other grants for library collection materials, unless the public school library is ineligible to receive those grants for reasons of noncompliance with applicable law or grant terms or conditions;
   3. the proposal for expenditure of grant money, when evaluated against proposals contained in other applications, is most consistent with the school's instructional goals, or is most supportive in other respects of the school's curriculum and student reading activities.

Sec 4 AAC 57.440. Grant award letter and grant agreement.

1. When an application for a public school library collection development grant has been approved, the division will send a grant award letter and grant agreement to the school district. The signed grant agreement is a contract between the division and the school district. By signing the grant agreement, the school district agrees that the school district, and the public school library on whose behalf the school district applied, will comply with the terms and conditions applicable to the grant, and will use the grant money as required under AS 14.56.360 - 14.56.370 and 4 AAC 57.410 - 4 AAC 57.490.
2. The school district shall sign and return the grant agreement within 30 days after the division sends the grant award letter and grant agreement. The division will not disburse grant money until the school district returns the signed grant agreement.
3. A school district that applies for a public school library collection development grant may appeal, under 4 AAC 40, the division's denial of an application.

Sec 4 AAC 57.450. Reporting.

On or before April 15 of the school year in which the grant was awarded, the school district shall submit the annual report required by AS 14.56.375 using a form supplied by the division, and shall attach any required documentation. On the annual report form, the school district shall report separately on each public school library for which a grant was awarded.

Sec 4 AAC 57.460. Compliance.

If the division determines that a school district or public school library has used grant money in a manner not in compliance with AS 14.56.360 - 14.56.370, 4 AAC 57.410 - 4 AAC 57.490, or a term or condition of the grant agreement, the school district or public school library must return that money to the state

Sec 4 AAC 57.490. Definition.

In 3 AAC 57.410 - 3 AAC 57.490, "library collection materials" has the meaning given in AS 14.56.370.

Sec 4 AAC 57.990. Definitions.

As used in AS 14.56.300 - AS 14.56.340 and in this chapter

1. "director" means the director of the division of libraries, archives & museums in the Department of Education;
2. "division" means the division of libraries, archives & museums in the Department of Education;
3. "library" means an institution that acquires, organizes, maintains, and provides public access to library materials for reference, research, and circulation;
4. "library materials" includes books, periodicals, newspapers, documents, pamphlets, photographs, microforms, maps, sound recordings, audio-visual materials, and other materials of a similar nature;
5. "operations" means personal services, communications, library materials, supplies, equipment, and other services necessary to provide library services; "operations" does not include construction;
6. "public library" means a library operated by a municipality under AS 29.35.125 or by a public library nonprofit corporation for the purpose of providing general library services to all residents in the library's legal service area free of charge and without discrimination;
7. "public library nonprofit corporation" means an organization that
   1. has filed articles of incorporation with the state under AS 10.20.005 - 10.20.452 for the purpose of establishing and operating a public library;
   2. filed a current annual report with the state, established bylaws, and elected officers; and
   3. holds meetings of its board of directors in public at least quarterly;
8. "public library outlet" means the headquarters, branch, bookmobile, or other facility of a public library that provides library services to the general public.