SENATE AMENDED
PRIOR PRINTER'S NO. 2066 PRINTER'S NO. 4561
No. 1686 Session of 2001
INTRODUCED BY T. STEVENSON, C. WILLIAMS, E. Z. TAYLOR,
McILHATTAN, DAILEY, YUDICHAK, NAILOR, ARGALL, STABACK,
CAPPELLI, SOLOBAY, MARKOSEK, ZUG, T. ARMSTRONG, RUBLEY,
SCHULER, GRUCELA, CIVERA, FLICK, FAIRCHILD, WATSON, HERSHEY,
FEESE, JAMES, HENNESSEY, GORDNER, SATHER, CALTAGIRONE, WILT,
M. BAKER, SAYLOR, GEIST, TRICH, CLYMER, YOUNGBLOOD, COLEMAN,
FICHTER, PISTELLA, COSTA, PETRARCA, MARSICO, TIGUE, PALLONE,
HORSEY AND WATERS, MAY 31, 2001
SENATOR RHOADES, EDUCATION, IN SENATE, AS AMENDED,
NOVEMBER 12, 2002
AN ACT
1 Amending the act of June 14, 1961 (P.L.324, No.188), entitled
2 "An act relating to the establishment, operation and
3 maintenance of the State Library and public libraries in the
4 Commonwealth; amending, revising, consolidating and changing
5 the laws relating thereto; imposing duties upon public
6 officers; providing for State and local cooperation and
7 assistance in the establishment and maintenance of libraries;
8 prescribing penalties; and repealing existing laws," further
9 providing for State library, for library trainees and for <--
10 library resource centers. PROVIDING FOR LOCAL LIBRARY USE OF <--
11 INCENTIVE FOR EXCELLENCE FUNDS.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 102(4) and (5) of the act of June 14, <--
15 1961 (P.L.324, No.188), known as The Library Code, are amended
16 and the section is amended by adding a clause to read:
17 Section 102. Definitions.--As used in this act--
18 * * *
1 (4) "[Regional Resource Center] State-wide library resource
2 center." Any library designated as such by the State Librarian
3 and receiving State-aid for the purpose of acquiring major
4 research collections and, under such rules and regulations as
5 are promulgated by a board consisting of the head librarians of
6 all [regional] State-wide library resource centers and under the
7 chairmanship of the State Librarian, making them available to
8 the residents of the Commonwealth on a State-wide basis.
9 [(5) "Library Trainee." Any employe of the State Library
10 receiving on-the-job training in an institution of higher
11 education, enrolled, or having an application for enrollment
12 pending, as a candidate for a graduate degree in library
13 service.]
14 * * *
15 (8) "Library System." A county-level or multi-county level
16 federation of at least two local libraries which:
17 (i) serve at least twenty-five thousand (25,000) people;
18 (ii) have voluntarily agreed to participate in the
19 federation; and
20 (iii) have delegated the policy-making functions to a system
21 board of directors.
22 Section 2. Sections 201(6) and (7), 205, 206, 207, 208, 209,
23 210 and 301 of the act are amended to read:
24 Section 201. State Library and State Librarian; Powers and
25 Duties.--The Department of Education shall have the power, and
26 its duty shall be--
27 * * *
28 (6) To give advice and counsel to all local libraries,
29 district library centers and [regional] State-wide library
30 resource centers and to all municipalities and groups, which may
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1 propose to establish libraries, in the selection of books,
2 cataloguing and other details of library management and as to
3 the best means of establishing and administering such libraries.
4 (7) To inspect local libraries, district library centers and
5 [regional] State-wide library resource centers and require
6 reports in such manner as may be deemed proper.
7 * * *
8 [Section 205. Library Trainees.--The Department of Public
9 Instruction shall have authority to employ library trainees
10 under the terms and conditions set forth in this act. During
11 each calendar year the State Librarian may recommend from the
12 list of persons qualified for employment as library trainees up
13 to twenty-five persons.
14 Section 206. Qualifications.--To qualify for employment as a
15 library trainee a person must--
16 (1) Be enrolled or have an application for enrollment
17 pending in an institution of higher learning as a candidate for
18 a graduate degree in library service.
19 (2) Satisfactorily pass a competitive examination conducted
20 by the Department of Public Instruction.
21 (3) Be otherwise qualified according to standards of
22 qualifications for employment established for the State Library.
23 Section 207. Selection.--Competitive examinations for
24 library trainees shall be held at such times and places, by such
25 officials or citizens of the Commonwealth, as are designated by
26 the rules and regulations of the Department of Public
27 Instruction, and on such subjects as the State Librarian deems
28 essential to qualify people for on-the-job training in the State
29 Library. After each competitive examination, the Superintendent
30 of Public Instruction shall furnish to the State Librarian a
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1 list of the persons qualified for employment as library
2 trainees.
3 Section 208. Contract of Employment; Compensation.--Before
4 commencing employment, a library trainee shall execute a
5 contract of employment whereby he promises to perform services
6 in the Commonwealth for a term twice the length of the period
7 during which he will receive on-the-job training prior to being
8 awarded a graduate degree in library service, and whereby, as an
9 employe of the Commonwealth, he promises to perform continuous
10 service for the Commonwealth during periods of the year when he
11 is not receiving on-the-job training in an educational
12 institution. In consideration of these promises, the Department
13 of Public Instruction shall agree to employ such person so long
14 as such person's services are necessary and valuable for the
15 performance of the duties of the State Library, or so long as
16 the person maintains an academic standing satisfactory to the
17 proper authorities of the educational institution attended by
18 such person, at a salary schedule established for the State
19 Library.]
20 Section 209. [Regional] State-wide Library Resource
21 Centers.--The State Librarian shall designate four [Regional
22 Library Resource Centers] State-wide library resource centers to
23 be located at the following places:
24 Free Library of Philadelphia,
25 Pennsylvania State Library,
26 Pennsylvania State University Library, and
27 Carnegie Library of Pittsburgh.
28 Section 210. Powers and Duties of [Regional Library Resource
29 Centers.--Regional Library Resource Centers] State-wide Library
30 Resource Centers.--State-wide library resource centers shall
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1 have the responsibility and power to acquire major research
2 collections and, under rules and regulations as are promulgated
3 by a board consisting of the head librarians of all [Regional
4 Library Resource Centers] State-wide library resource centers
5 and under the chairmanship of the State Librarian, to make them
6 available to the residents of the Commonwealth on a State-wide
7 basis.
8 Section 301. System of State-aid for Local Libraries, County
9 Libraries, Library Systems, District Library Centers and
10 [Regional] State-wide Library Resource Centers.--A system of
11 State-aid to assist in the support and maintenance of local
12 libraries, county libraries, library systems, district library
13 centers and [regional] State-wide library resource centers is
14 hereby established.
15 Section 3. Sections 303.5, 303.6 and 303.9, added June 22,
16 2000 (P.L.404, No.57), are amended to read:
17 Section 303.5. Incentive For Excellence Aid.--(a) For
18 fiscal year 1999-2000, qualifying local libraries and library
19 systems shall receive an incentive for excellence aid to be
20 allocated from the sum total of a hold-harmless amount plus an
21 annual supplement, both amounts to be derived from the
22 Commonwealth's annual appropriation for grants to local
23 libraries and library systems. The hold-harmless amount for
24 incentive for excellence aid shall be the amount allocated under
25 section 303.4 for incentive aid to local libraries for fiscal
26 year 1998-1999 from the amount allocated from the Commonwealth's
27 annual appropriation for grants to local libraries and library
28 systems. For fiscal year 1999-2000, the annual supplement shall
29 be fifty-three percent (53%) of any increase in the
30 Commonwealth's annual appropriation for grants to local
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1 libraries and library systems above the amount appropriated for
2 fiscal year 1998-1999. For fiscal year 2000-2001 and each fiscal
3 year thereafter, the amount allocated for incentive for
4 excellence aid shall be specified in the Commonwealth's annual
5 appropriation for grants to local libraries and library systems
6 within the General Appropriation Act for that fiscal year.
7 (b) To qualify, a local library or library system must make
8 a financial effort greater than five dollars ($5) per capita for
9 each person residing in the municipalities on behalf of which it
10 applies for aid and meet the minimum standards for local
11 libraries or library systems standards.
12 (c) Incentive for excellence aid shall be allocated to local
13 libraries and library systems in the following manner: the
14 annual allocation of funds available for incentive for
15 excellence aid shall be allocated proportionately to qualifying
16 local libraries or library systems [for] as follows:
17 (1) Tier 1 funding shall be an amount equal to eighty
18 percent (80%) of each one dollar ($1) per capita or portion
19 thereof a local library or library system shows in financial
20 effort between five dollars ($5) and seven dollars and fifty
21 cents ($7.50) per capita.
22 (2) Tier 2 funding shall be an amount up to ten percent
23 (10%) of each one dollar ($1) per capita or portion thereof a
24 local library or library system shows in financial effort
25 between seven dollars and fifty-one cents ($7.51) and fifteen
26 dollars ($15) per capita. Eligibility for Tier 2 funding does
27 not preclude receipt of Tier 1 funding.
28 (d) A local library or library system shall not use
29 incentive for excellence funds to reduce its financial effort.
30 Section 303.6. Incentive For Excellence Aid Criteria.--
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1 Beginning with fiscal year 1999-2000 and each fiscal year
2 thereafter, to qualify for aid under section 303.5:
3 (1) A local library or a library system must expend no less
4 than twelve percent (12%) of its [total] operating budget,
5 excluding costs of an unusual, emergency or nonrecurring nature,
6 on materials. A local library or a library system that expends
7 more than twelve percent (12%) in the year in which it qualified
8 for incentive for excellence aid must increase the total amount
9 expended on collection each succeeding year by no less than five
10 percent (5%) or the percentage increase in the appropriation for
11 improvement of library services, whichever is less.
12 (2) A local library or a member library within a library
13 system must be open for full services at least forty-five hours
14 per week with at least seven of these hours during the weekend
15 period beginning on Saturday and ending on Sunday. A local
16 library or member library within a library system serving a
17 population below seven thousand must be open at least thirty-
18 five hours per week with at least seven of these hours during
19 the weekend period beginning on Saturday and ending on Sunday.
20 Libraries may reduce weekend hours to four hours for ten weeks
21 per year during periods when community-use patterns warrant. A
22 local library or member library within a library system may
23 reduce total weekly hours by three hours per week during the
24 ten-week period of reduced Saturday and Sunday hours if approved
25 by the State Librarian.
26 (3) A local library or a member library within the library
27 system must require at least six hours of continuing education
28 every two years for paid staff working at least twenty hours per
29 week in direct support of the library service.
30 Section 303.9. [Regional] State-wide Library Resource
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1 Centers.--(a) For eligible fiscal years up to and through the
2 1998-1999 fiscal year, five percent (5%) of the Commonwealth's
3 annual appropriation for the system of State-aid established by
4 section 301 shall be allocated for aid to [regional] State-wide
5 library resource centers.
6 (b) Any library designated by the State Librarian to serve
7 as a [regional] State-wide library resource center shall qualify
8 for additional State-aid. The allocation shall be divided
9 equally among the libraries so designated[, but in no year shall
10 the amount be less than one hundred thousand dollars ($100,000)
11 per designated library]. For fiscal year 1999-2000, aid to
12 [regional] State-wide library resource centers shall be
13 allocated from a hold-harmless amount to equal that amount
14 allocated for aid to [regional] State-wide library resource
15 centers for fiscal year 1998-1999 from the amount allocated from
16 the Commonwealth's annual appropriation for grants to local
17 libraries and library systems. For fiscal year 2000-2001 and
18 each fiscal year thereafter, the amount allocated for [regional]
19 State-wide library resource centers shall be specified in the
20 Commonwealth's annual appropriation for grants to local
21 libraries and library systems within the General Appropriation
22 Act for that fiscal year. Funds allocated for [regional] State-
23 wide library resource centers shall be distributed according to
24 the provisions of this section.
25 (c) State-wide library resource centers shall disseminate
26 information to Pennsylvanians to augment the collections and
27 services of local libraries and district library centers through
28 means such as:
29 (1) Digitizing Pennsylvania resources from their extensive
30 collections for State-wide accessibility and use via the
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1 Internet.
2 (2) Implementing, for use by all Pennsylvanians, an on-line
3 reference service based on the specialized resources and staff
4 expertise of the four State-wide library resource centers.
5 (3) Enhancing access to specialized on-line reference data
6 bases.
7 (4) Building major research collections and making them
8 available to all residents of this Commonwealth on a State-wide
9 basis via direct borrowing, interlibrary loan or onsite use.
10 Section 4. This act shall take effect July 1, 2001, or
11 immediately, whichever is later.
12 SECTION 1. SECTION 303.5(D) OF THE ACT OF JUNE 14, 1961 <--
13 (P.L.324, NO.188), KNOWN AS THE LIBRARY CODE, AMENDED JUNE 22,
14 2001 (P.L.554, NO.36), IS AMENDED TO READ:
15 SECTION 303.5. INCENTIVE FOR EXCELLENCE AID.--* * *
16 (D) A LOCAL LIBRARY OR LIBRARY SYSTEM SHALL NOT USE
17 INCENTIVE FOR EXCELLENCE FUNDS TO REDUCE ITS FINANCIAL EFFORT[.]
18 FOR NORMAL, RECURRING OPERATING COSTS FROM A PREVIOUS LEVEL
19 UNLESS EVIDENCE OF SUBSTANTIAL CURTAILMENT OF FINANCIAL ABILITY
20 OF THE COMMUNITY IS ACCEPTED BY THE STATE LIBRARIAN.
21 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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