PRINTER'S NO. 2405
No. 1903 Session of 1997
INTRODUCED BY VEON, C. WILLIAMS, SURRA, THOMAS, DeWEESE,
M. COHEN, BELARDI, VAN HORNE, WALKO, BOSCOLA, STABACK, DALEY,
CAPPABIANCA, KELLER, WILT, SCRIMENTI, BATTISTO, LAUGHLIN,
ROBINSON, YOUNGBLOOD, MELIO, STURLA, PETRARCA, WOJNAROSKI,
JAMES, HERSHEY, EACHUS, LUCYK, DEMPSEY, KENNEY, TRICH,
JOSEPHS, CURRY, GIGLIOTTI, MANDERINO, RAMOS, McCALL AND
WASHINGTON, OCTOBER 8, 1997
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 8, 1997
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 definitions, for powers and duties and for the
10 Advisory Council on Library Development; creating library
11 districts; and providing for State aid, for audits, for
12 library use and newly established libraries.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 102 of the act of June 14, 1961 (P.L.324,
16 No.188), known as The Library Code, is amended by adding
17 definitions to read:
18 Section 102. Definitions.--As used in this act--
19 * * *
20 (8) "Local Effort." The annual total of all local
1 government funding sources, all fund-raising efforts, gifts and
2 donations for a local library.
3 (9) "System Library." A local library which has elected to
4 participate in the district library system in which the library
5 is located in accordance with section 211(c).
6 (10) "Library System." Two or more local libraries which
7 have voluntarily agreed in accordance with section 211(c) to
8 coordinate library services and to share in the administrative
9 responsibilities of operating a library in accordance with this
10 act.
11 Section 2. Section 201 of the act is amended by adding a
12 paragraph to read:
13 Section 201. State Library and State Librarian; Powers and
14 Duties.--The Department of Education shall have the power, and
15 its duty shall be--
16 * * *
17 (19) To assist libraries in acquiring and effectively
18 utilizing technology as a means to: acquire and maintain
19 resources, share resources among libraries, provide convenient
20 access to library resources to all sectors of the library
21 district, and to enhance general library services.
22 Section 3. Section 203 of the act is amended to read:
23 Section 203. Appointment, Qualification, Tenure.--[The
24 Advisory Council on Library Development shall consist of twelve
25 members who shall be appointed by the Governor, three of whom
26 shall be trustees of local libraries, three of whom shall be
27 professional librarians, and six of whom shall be laymen. The
28 Superintendent of Public Instruction and the State Librarian
29 shall be ex officio members of the council. The term of office
30 of each member of the council shall be four years from the third
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1 Tuesday of January of the year in which he takes office, or
2 until his successor has been appointed and has qualified, except
3 that in the initial appointment of members of the council, four
4 members shall be appointed for a term of one year, four members
5 for a term of two years and four members for a term of three
6 years. The members shall serve without compensation other than
7 reimbursement for travel and other actual expenses incurred in
8 the performance of their duties. The Governor shall designate
9 one member as chairman of the council. The council shall meet at
10 least four times a year at such times and places as it shall
11 determine.] The Advisory Council on Library Development shall
12 consist of fifteen members who shall be appointed as follows:
13 (1) One local library trustee by the Governor and one each
14 appointed by the President pro tempore of the Senate and the
15 minority leader of the Senate and the Speaker of the House of
16 Representatives and the minority leader of the House of
17 Representatives.
18 (2) One librarian by the Governor and one each by the
19 President pro tempore of the Senate and the Speaker of the House
20 of Representatives.
21 (3) One lay person each by the President pro tempore of the
22 Senate and the minority leader of the Senate and the Speaker of
23 the House of Representatives and the minority leader of the
24 House of Representatives.
25 (4) Two laypersons by the Governor.
26 (5) The president of the Pennsylvania Library Association.
27 All appointees shall serve at the pleasure of the appointing
28 authority for a term concurrent with the appointing authority's
29 term. Members shall serve without compensation other than
30 reimbursement for travel and other actual expenses incurred in
19970H1903B2405 - 3 -
1 the performance of their duties. The council shall meet at least
2 four times a year and shall elect its own chairman.
3 Section 4. Section 204 of the act is amended by adding a
4 paragraph to read:
5 Section 204. Powers and Duties.--The Advisory Council on
6 Library Development shall have the power, and its duty shall
7 be--
8 * * *
9 (7) To establish guidelines or policies for system libraries
10 and the district center which promote cooperation and
11 coordination among system libraries and to consolidate or divide
12 among the system libraries areas of library administration,
13 including, but not limited to, purchasing, fine and fee
14 collections, community relations, community outreach, personnel,
15 data storage for the purpose of reducing duplication of
16 administrative effort, the increase of services and available
17 resources and increased efficiency. Nothing contained herein
18 shall restrict or limit public libraries in the selection of
19 resources.
20 Section 5. Section 211 of the act, amended December 1, 1971
21 (P.L.578, No.150), is amended to read:
22 Section 211. Library Districts and District Library
23 Centers.--(a) The State Librarian, with the approval of the
24 Advisory Council on Library Development, shall [designate up to
25 thirty libraries throughout the Commonwealth as District] divide
26 the Commonwealth into at least sixty but not more than sixty-
27 seven library districts and designate a district library center
28 in each district. The districts shall be established with a
29 preference to districts of a single county or several counties
30 and congruent with county boundaries. District Library Centers
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1 [which] may include any local library, any State [College]
2 university library, the Pennsylvania State University Library
3 and any privately supported college or university library which
4 may agree to serve as a District Library Center. [District.
5 Library Centers shall have the power to contract with any city,
6 borough, town, township, school district, county or board of
7 trustees or managers of any local library, which wishes thereby
8 to become part of the District Library Center system of such
9 district. Any]
10 (b) All District Library [Center shall have the power to]
11 Centers shall provide direct library service to persons residing
12 within the district, [to provide supplementary library services
13 to all local libraries within the district,] and [to] exchange
14 or provide services with other District Library Centers or
15 contract for the provision of library services with other
16 District Library Centers.
17 (c) Any local library, excluding a Regional Resource Center,
18 may, through its board of trustees or similar governing body,
19 elect to become part of the library system in the district where
20 the library is located. Any library electing to participate in
21 the system shall abide by the policies and procedures
22 established by the district system council. Every library
23 designated as a district library center shall participate in the
24 library system as a condition of being named the district
25 center.
26 (d) Each library system shall be administered by a council
27 of representatives of each system library. Each system library
28 representative shall serve at the leisure of the library board
29 of directors of the library. The representative of the district
30 center library shall serve as chair of the council. The council
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1 shall meet at least quarterly, and may meet at the call of the
2 chair of the council or upon the call of a majority of the
3 representatives of the system libraries.
4 (e) Each library system council shall:
5 (1) Establish policies and procedures for system libraries
6 to consolidate and/or coordinate duties and responsibilities
7 among system libraries. The areas subject to this clause may
8 include, but not be limited to, purchasing, fine and fee
9 collections, community relations, accessibility to all segments
10 of a community, personnel, data storage and administration.
11 (2) Annually provide all local municipal officials in the
12 district with information that may assist the local municipal
13 officials in making decisions concerning municipal funding of a
14 system library.
15 (3) Establish a long-term plan by which library services may
16 be improved throughout the entire district and which details the
17 improvements to be made by each system library. This plan shall
18 include the following:
19 (i) Acquisition of technology.
20 (ii) Expansion of services to unserved communities or
21 populations.
22 (iii) Updating and/or expanding resources.
23 (iv) Improving infrastructure.
24 (v) Raising of funds and community relations.
25 (vi) The means by which libraries of the system are sharing
26 responsibilities and consolidating efforts.
27 The plan shall be annually updated incorporating any performance
28 audit recommendations or other initiatives and provided to the
29 State Librarian.
30 (4) Establish procedures for all system libraries to provide
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1 supplementary library services to other system libraries of the
2 same library district.
3 Section 6. Section 303 of the act, amended July 10, 1985
4 (P.L.195, No.50) and June 30, 1989 (P.L.71, No.18), is amended
5 to read:
6 Section 303. State-aid.--[(a) Beginning in the 1985-1986
7 fiscal year, in each year that the Commonwealth's total annual
8 appropriation for the system of State-aid established by section
9 301 equals or exceeds seventeen million five hundred thousand
10 dollars ($17,500,000), two and three-quarters percent (2.75%) of
11 said appropriation shall first be allocated as equalization aid,
12 as provided for in clause (6) of subsection (b) and the
13 remainder of said appropriation shall then be allocated
14 according to the percentages established in clauses (1), (2),
15 (3), (4), (5) and (7) of subsection (b).
16 (b) Subject to the limitations in subsection (a), State-aid
17 shall be paid when a library achieves the applicable standards
18 determined by counselling with the State Librarian pursuant to
19 the advice and recommendations of the Advisory Council on
20 Library Development, or submits plans as set forth in section
21 304 of this act leading to the achievement of such standards,
22 and makes a minimum financial effort as follows, except that no
23 library receiving State-aid prior to and at time of the approval
24 of this act shall receive less State-aid as a result of the
25 provisions hereof notwithstanding that such library has not
26 accepted the provisions of this act:
27 (1) Basic Aid to Local Libraries. Twenty-five percent (25%)
28 of the Commonwealth's total annual appropriation for the system
29 of State-aid established by section 301, or a minimum of twenty-
30 five cents (25¢) per capita for each person residing in the
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1 municipalities of the libraries which qualify for basic aid,
2 shall be allocated as basic aid.
3 Any local library which makes a minimum financial effort
4 equal to one-half mill, for the municipalities on behalf of
5 which it applies for aid, or two dollars ($2) per capita for
6 each person residing in those municipalities, whichever is less
7 and achieves the basic standards, shall qualify for basic State-
8 aid. Such aid shall not be less than twenty-five cents (25¢) for
9 each person residing in the municipalities. However, when the
10 allocation for basic aid exceeds the amount necessary to pay the
11 minimum rate, the entire allocation shall be distributed at a
12 per capita rate which shall be determined by dividing the
13 allocation by the number of persons in the Commonwealth on
14 behalf of which local libraries and library systems apply and
15 qualify for basic aid: Provided, That in the first year in which
16 a library applies for State-aid it shall qualify by making a
17 minimum financial effort equal to one-quarter mill, or one
18 dollar ($1) per capita for each person residing in the
19 municipalities whichever is less.
20 In each of the succeeding five years, such library shall
21 qualify for maximum State-aid only when it increases its
22 financial effort by the following scale of percentages of the
23 difference between the financial effort with which such library
24 initially qualified for State-aid and a financial effort equal
25 to one-half mill, or two dollars ($2) per capita for each person
26 residing in the municipalities for which it applies for aid,
27 whichever is less:
28 1st succeeding year--20 percent,
29 2nd succeeding year--40 percent,
30 3rd succeeding year--60 percent,
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1 4th succeeding year--80 percent,
2 5th succeeding year--100 percent.
3 But where the increase in any year is less than the percentage
4 specified above, the amount of State-aid shall be reduced by a
5 percentage equal to one-fifth of the percentage which the
6 difference between the required increase and the actual increase
7 bears to the required increase multiplied by the number of years
8 of participation in State-aid beyond the first year.
9 After the fifth succeeding year, a local library shall not be
10 eligible for further State-aid unless it makes a financial
11 effort equal to one-half mill for the municipalities on behalf
12 of which it applies for aid, or two dollars ($2) per capita for
13 each person residing in those municipalities, whichever is less.
14 (2) Incentive Aid to Local Libraries. Twenty-five percent
15 (25%) of the Commonwealth's total annual appropriation for the
16 system of State-aid established by section 301, or a minimum of
17 twenty-five cents (25¢) per capita for each person residing in
18 the direct service areas of the libraries which qualify for
19 incentive aid, shall be allocated as incentive aid.
20 Any local library or library system which makes a minimum
21 financial effort equal to one-half mill, or two dollars ($2) per
22 capita for each person residing in its direct service area,
23 whichever is less and fulfills the minimum standards for local
24 libraries or the minimum standards for library systems,
25 whichever is applicable, shall qualify for incentive aid, which
26 shall be in addition to all other amounts of aid provided in
27 this section. Each qualifying library or library system shall
28 receive incentive aid up to fifty cents (50¢) for each one
29 dollar ($1) of surplus financial effort but when fifty cents
30 (50¢) per dollar of surplus financial effort is more than
19970H1903B2405 - 9 -
1 twenty-five cents (25¢) per capita the minimum incentive aid
2 shall be twenty-five cents (25¢) per capita for each person
3 residing in the direct service area. However, if after paying
4 the minimum amount set forth in this clause there is a balance
5 in the allocation, the balance shall be prorated among the
6 libraries and library systems which qualify for a larger amount
7 of aid at the rate of fifty cents (50¢) for each one dollar ($1)
8 of surplus financial effort rather than at the rate of twenty-
9 five cents (25¢) per capita.
10 (3) County Libraries. Ten percent (10%) of the
11 Commonwealth's total annual appropriation for the system of
12 State-aid established by section 301 shall be allocated as aid
13 to county libraries.
14 In the case of a county library of a second, second A, third,
15 fourth, fifth, sixth, seventh or eighth class county, State-aid
16 shall be given in an amount measured by the amount appropriated
17 by the county government from county moneys, either from the
18 General Fund or a special library tax or other sources, for the
19 support and maintenance of the county library, and shall be
20 determined as follows:
21 Percentage of Aid Calculated
22 Class of County on County Appropriation
23 2 15%
24 2A and 3 20%
25 4 25%
26 5 33%
27 6 50%
28 7 75%
29 8 125%
30 The amount to be paid by the Commonwealth for the maintenance
19970H1903B2405 - 10 -
1 of any county library that qualifies under this clause shall, in
2 any year, be not less than eight thousand dollars ($8,000)
3 whenever the applicable percentage of aid calculated on the
4 county government's appropriation amounts to more than eight
5 thousand dollars ($8,000). If the applicable percentage of aid
6 calculated on the county government's appropriation amounts to
7 less than eight thousand dollars ($8,000), then the county shall
8 receive such lesser amount. If the allocation for this category
9 of aid is less than the total amount for which all county
10 libraries qualify, the libraries shall be paid the minimum
11 amount of eight thousand dollars ($8,000) or such lesser amount
12 as may be necessary. If the allocation is greater than the total
13 amount of aid for which county libraries qualify, the balance
14 shall be added to the amount of aid to be distributed under
15 clause (7) of this subsection. A report of the expenditure of
16 such State moneys shall be made annually to the county
17 government and the State Librarian in such form as may be
18 required. County libraries may also apply for additional amounts
19 of State-aid under clauses (1) and (2) above, and clause (7)
20 following.
21 Payment of aid to county libraries shall be made to the board
22 of library directors in charge of each qualifying library.
23 (4) District Library Centers. Thirty percent (30%) of the
24 Commonwealth's total annual appropriation for the system of
25 State-aid established by section 301, or a minimum of twenty-
26 five cents (25¢) per capita, shall be allocated as aid for
27 district library centers.
28 Any library designated by the State Librarian to serve as a
29 district library center shall qualify for an additional amount
30 of State-aid. The rate of aid shall be determined by dividing
19970H1903B2405 - 11 -
1 the total amount allocated for district library centers by the
2 total population of the State, but in no year shall that rate be
3 less than twenty-five cents (25¢) per capita. The amount of aid
4 to be paid each district library center shall be determined by
5 multiplying the per capita rate by the number of persons
6 residing in the district.
7 (5) Regional Library Resource Centers. Five percent (5%) of
8 the Commonwealth's annual appropriation for the system of State-
9 aid established by section 301 shall be allocated for aid to
10 regional library resource centers.
11 Any library designated by the State Librarian to serve as a
12 regional library resource center, shall qualify for additional
13 State-aid. The allocation shall be divided equally among the
14 libraries so designated, but in no year shall the amount be less
15 than one hundred thousand dollars ($100,000) per designated
16 library.
17 (6) Equalization Aid. Beginning in the 1985-1986 fiscal
18 year, in each year that the Commonwealth's total annual
19 appropriation for the system of State-aid established by section
20 301 equals or exceeds seventeen million five hundred thousand
21 dollars ($17,500,000), two and three-quarters percent (2.75%) of
22 said appropriation shall first be allocated as equalization aid.
23 Any local library or library system which achieves or exceeds
24 applicable basic standards, maintains or exceeds its financial
25 effort of the preceding year and is supported by a municipality
26 that is economically distressed by any one or more of the
27 following criteria shall qualify for equalization aid. For
28 purposes of determining eligibility for equalization aid, an
29 economically distressed municipality shall be: (i) a city,
30 borough, town or township having a market value per capita below
19970H1903B2405 - 12 -
1 the fifth percentile of all such cities, boroughs, towns and
2 townships, as certified annually by the State Tax Equalization
3 Board; (ii) located in a county having a personal income per
4 capita below the fifteenth percentile of all counties, as
5 certified annually by the Department of Revenue; or (iii)
6 located in a county having an annual average unemployment rate
7 above the seventieth percentile of all counties, as determined
8 annually by the Department of Labor and Industry. Population
9 data to be used for determining market value per capita and
10 personal income per capita, as provided for in this clause,
11 shall be the latest available data from the Federal Bureau of
12 Census for the direct service area of the local library or
13 library system.
14 In the case of a library or library system that is supported
15 by an economically distressed municipality but that fails to
16 maintain or exceed its financial effort of the preceding year,
17 the library may still qualify for equalization aid if the State
18 Librarian accepts evidence that the library or municipality did
19 not attempt to substitute State funds for local effort.
20 Beginning in the 1985-1986 fiscal year, twenty percent (20%)
21 of the annual allocation for equalization aid shall first be
22 distributed in equal amounts to all local libraries and members
23 of library systems which qualify for such aid, as determined in
24 accordance with the provisions of this clause. The remainder of
25 the annual allocation shall be distributed on a per capita basis
26 to each local library and library system which qualifies for
27 such aid, as determined in accordance with the provisions of
28 this clause, by dividing the number of persons residing in the
29 direct service area of each such local library or library system
30 by the total number of such persons residing in the direct
19970H1903B2405 - 13 -
1 service areas of all qualifying local libraries or library
2 systems, and multiplying the result by the amount of the
3 allocation to be distributed on a per capita basis.
4 No local library or library system shall, as a result of the
5 provisions of this clause, receive in any year more than one-
6 third of the total annual appropriation for equalization aid.
7 During the 1985-1986 fiscal year and each fiscal year thereafter
8 that the Commonwealth's total annual appropriation for the
9 system of State-aid established by section 301 exceeds seventeen
10 million five hundred thousand dollars ($17,500,000), no local
11 library or library system shall receive less equalization aid as
12 a result of the provisions of this clause than such local
13 library or library system received for equalization aid during
14 the 1984-1985 fiscal year.
15 (7) Equal Distribution Grants to Local Libraries and Library
16 Systems and Certain District Library Centers. Five percent (5%)
17 of the Commonwealth's annual appropriation for the system of
18 State-aid established by section 301, and all funds transferred
19 from the county library allocation after the county libraries
20 have been paid the total amounts for which they qualify, shall
21 be allocated as hereinafter provided: (i) five cents (5¢) per
22 capita for each person residing in the entire district for each
23 district library center which has a population in its direct
24 service area as a local or county library which is twelve
25 percent (12%) or less of the population of the entire designated
26 direct service area; (ii) the balance as equal grants to local
27 libraries and library systems which qualify for aid under clause
28 (1). These grants shall be determined by dividing the total
29 amount of money allocated by the number of local libraries,
30 branch libraries and bookmobiles in the Commonwealth which
19970H1903B2405 - 14 -
1 achieve or exceed the applicable basic standards. Each library
2 system shall receive an equal grant for each qualifying member
3 local library, branch library and bookmobile. Each local library
4 shall receive an equal grant for the central library and each
5 qualifying branch library and bookmobile.] (a) The Commonwealth
6 shall provide each local library with basic State-aid based on
7 local effort in accordance with the following scale:
8 (1) If the local effort is below one-fifth of a mill in the
9 municipality in which the library is located, the library shall
10 be eligible to receive an amount equal to twenty percent (20%)
11 of the local effort.
12 (2) If the local effort is above one-fifth of a mill and
13 below one-fourth of a mill in the municipality in which the
14 library is located, the library shall be eligible to receive an
15 amount equal to twenty-five percent (25%) of the local effort.
16 (3) If the local effort is above one-fourth of a mill and
17 below one-third of a mill in the municipality in which the
18 library is located, the library shall be eligible to receive an
19 amount equal to thirty percent (30%) of the local effort.
20 (4) If the local effort is above one-third of a mill and
21 below one-half of a mill in the municipality in which the
22 library is located, the library shall be eligible to receive an
23 amount equal to thirty-five percent (35%) of the local effort.
24 (5) If the local effort is above one-half of a mill in the
25 municipality in which the library is located, the library shall
26 be eligible to receive an amount equal to forty percent (40%) of
27 the local effort.
28 For the first and second fiscal year after the enactment of
29 this section, the amount provided in clauses (1) through (5)
30 shall be multiplied by five-tenths for the initial fiscal year
19970H1903B2405 - 15 -
1 and seventy-five hundredths for the second fiscal year.
2 (b) (1) If a library elects to join the library system in
3 accordance with section 211, then the library shall receive an
4 amount equal to the amount provided in subsection (a) multiplied
5 by:
6 (i) One and two-tenths for the first fiscal year after the
7 effective date of this section.
8 (ii) One and four-tenths for the second fiscal year after
9 the effective date of this section.
10 (iii) One and six-tenths for the third fiscal year after the
11 effective date of this section and every fiscal year thereafter.
12 (2) In no event shall any library which joins the library
13 system in accordance with section 211 receive less funding under
14 this section than it received in fiscal year 1997-1998.
15 (c) Any system library may apply for grants to assist in the
16 implementation of its long-term plan required in section 211,
17 relating to resource improvement and expansion of services. The
18 grants shall be awarded by the Advisory Council on Library
19 Development on a competitive basis. Grants under this subsection
20 shall initially be awarded following the second fiscal year
21 after enactment of this subsection. The total amount available
22 during the initial year of grant availability shall be not less
23 than one million dollars ($1,000,000) per fiscal year and
24 thereafter not less than five million dollars ($5,000,000) per
25 fiscal year.
26 (d) The sum of at least eighteen million dollars
27 ($18,000,000) per fiscal year in the initial fiscal year
28 following the enactment of this subsection and at least twenty
29 million dollars ($20,000,000) per fiscal year thereafter shall
30 be divided on a per capita basis among all district centers for
19970H1903B2405 - 16 -
1 the purposes of carrying out responsibilities.
2 (e) The allocation for Regional Resource Centers shall be
3 divided equally among the libraries so designated, but in no
4 year shall the total amount be less than two million dollars
5 ($2,000,000) per fiscal year.
6 (f) Any library which qualifies for at least twenty-five
7 percent (25%) basic State aid in accordance with subsection (a),
8 is a system library, and is supported by a municipality that is
9 economically distressed shall be eligible for equalization aid.
10 The sum of not less than one million dollars ($1,000,000) per
11 fiscal year shall be divided equally among all qualifying system
12 libraries.
13 Section 7. Sections 413, 415 and 417 of the act are amended
14 to read:
15 Section 413. Library Directors to Control All Funds.--All
16 moneys appropriated for the establishment and/or maintenance of
17 a local library and all moneys, if any, received from other
18 sources for its use, shall be under the exclusive control and
19 shall be disbursed under the direction of the board of library
20 directors. Such board of library directors shall have the power
21 to contract with the board of directors of another library to
22 establish a cooperative plan for improving library services.
23 The board of control of any library, established as specified
24 in section 411 of this act, and of any library receiving
25 municipal appropriations shall make a report, annually, to the
26 proper municipal authorities, of the moneys received by such
27 library from the municipality and the dispositions made thereof,
28 and the accounts of the treasurer of said board shall be audited
29 as in the case of other municipal expenditures.
30 The Auditor General of the Commonwealth shall annually
19970H1903B2405 - 17 -
1 conduct a performance audit on at least ten percent (10%) of the
2 libraries located in this Commonwealth which receive funding
3 under this act. Copies of the audit shall be provided to the
4 Director of the Bureau of State Library, the appropriate library
5 system council and to the library's board of directors.
6 Section 415. Free Use of Library, Rules and Regulations.--
7 Every library, established and/or maintained under the
8 provisions of this act, shall be free to the use of all the
9 residents and taxpayers of the municipality, and to all the
10 residents and taxpayers of other municipalities which provide a
11 minimum financial effort of at least one-fifth of a mill to any
12 system library of that district, provided that the other
13 municipality is within the same library district subject to such
14 reasonable rules and regulations as the board of library
15 directors may adopt, and the board may exclude from the use of
16 the library any person who wilfully violates such rules. The
17 board may extend the privileges of such library to persons
18 residing outside the limits of such municipality upon such terms
19 and conditions as the board may prescribe.
20 Section 417. Limitations of Establishment of New
21 Libraries.--Whenever there is in any municipality a local
22 library which is open to the use of all the residents thereof
23 and which meets the minimum standards recommended by the State
24 Librarian as conditions for participation in State-aid, no new
25 library shall be, there, established under the provisions of
26 this act, but all public aid hereby authorized shall be given to
27 such existing library to enable it to meet as far as possible
28 the needs of such residents: Provided, however, That wherever
29 there may have been on or before July 20, 1917, two or more such
30 libraries receiving aid from the same municipality, the
19970H1903B2405 - 18 -
1 appropriation authorized by this act shall be divided between
2 said libraries according to the terms of an agreement previously
3 entered into between said libraries and approved by the State
4 Librarian. Any newly established library shall not receive any
5 State-aid funding unless the library participates in the library
6 system where the library is located.
7 Section 8. This act shall take effect in 60 days.
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