PRINTER'S NO. 21
No. 27 Session of 1997
INTRODUCED BY CORMAN, JANUARY 15, 1997
REFERRED TO EDUCATION, JANUARY 15, 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,"
9 providing for higher education library grants; and making an
10 appropriation.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 201 of the act of June 14, 1961 (P.L.324,
14 No.188), known as The Library Code, is amended by adding a
15 clause to read:
16 Section 201. State Library and State Librarian; Powers and
17 Duties.--The Department of Education shall have the power, and
18 its duty shall be--
19 * * *
20 (19) To receive funds appropriated for libraries in
21 institutions of higher education and to make grants to these
1 institutions as provided for in Article III-A of this act.
2 Section 2. The act is amended by adding an article to read:
3 ARTICLE III-A.
4 Section 301-A. Legislative Findings.--The General Assembly
5 has found and hereby declares that:
6 (1) There exists within this Commonwealth a critical
7 shortage of books and reference materials, automation and
8 management systems and preservation and conservation practices
9 in libraries, especially those located in institutions of higher
10 education, which shortage must be eliminated or reduced in order
11 to meet the growing needs of the students and faculty in those
12 institutions for library materials, technology and conservation
13 of collections.
14 (2) This shortage is occasioned by the lack of funds and
15 other resources of institutions of higher education sufficient
16 to purchase, lease or otherwise acquire the materials,
17 technology and conservation of collections which are necessary
18 in order to provide training and education consistent with the
19 needs of the institutions.
20 (3) It is in the general public interest of the Commonwealth
21 to provide funds to institutions of higher education in order to
22 alleviate this shortage.
23 Section 302-A. Definitions.--As used in this article--
24 (1) "Automation and Management Systems Technology."
25 Including, but not limited to, circulation and automated
26 catalogs, journal and magazine check-ins, ordering and
27 statistical materials.
28 (2) "Books and Reference Materials." Books and materials
29 needed to maintain library collections in order to support
30 institutional missions of research and instruction, including
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1 such formats as CD-ROM media and other materials available to
2 augment the more traditional printed books and other reference
3 materials.
4 (3) "Community Colleges." Institutions now, or hereafter,
5 created pursuant to the act of August 24, 1963 (P.L.1132,
6 No.484), known as the "Community College Act of 1963," or
7 Article XIX-A of the act of March 10, 1949 (P.L.30, No.14),
8 known as the "Public School Code of 1949."
9 (4) "Department." The Department of Education of the
10 Commonwealth.
11 (5) "Eligible Institution." An independent institution of
12 higher education, a State-owned institution, a community college
13 or a State-related institution, any of which are approved by the
14 Department of Education for library grants pursuant to the
15 provisions of this article. It shall not mean an institution
16 which is determined by the Department of Education to be a
17 theological seminary or school of theology or a sectarian and
18 denominational institution.
19 (6) "Full-time Equivalent Students." The enrollment in
20 programs at eligible institutions expressed in terms of full-
21 time students as determined by the Department of Education.
22 (7) "Independent Institution of Higher Education." An
23 institution of higher education which is operated not-for-
24 profit, located in and incorporated or chartered by the
25 Commonwealth, entitled to confer degrees and apply to itself the
26 designation "college" or "university" as provided for under 24
27 Pa.C.S. Ch. 65 (relating to private colleges, universities and
28 seminaries).
29 (8) "Library Grant." An amount determined by dividing the
30 funds appropriated pursuant to this article, less reasonable
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1 administrative expenses, by the total of all certified full-time
2 equivalent students from all eligible institutions applying for
3 grants.
4 (9) "Library Grant Fund." The moneys received by each
5 eligible institution to meet its library needs as determined in
6 this article.
7 (10) "Library Needs." Books and reference materials,
8 automation and management systems and preservation and
9 conservation practices.
10 (11) "Preservation and Conservation Practices." Those
11 practices designed to convert specialized collections to
12 microform, to catalog last copy data, to de-acidify certain
13 papers and books, and otherwise protect fragile or deteriorating
14 materials.
15 (12) "State-owned Institutions." Those institutions which
16 are part of the State System of Higher Education pursuant to
17 Article XX-A of the act of March 10, 1949 (P.L.30, No.14), known
18 as the "Public School Code of 1949."
19 (13) State-related Institutions." The Pennsylvania State
20 University, the University of Pittsburgh, Temple University and
21 Lincoln University and their branch campuses.
22 Section 303-A. Certification of Recipients.--From the
23 information it receives from institutions of higher education
24 or, in the case of State-owned institutions, the State System of
25 Higher Education, the department shall determine which
26 institutions are eligible institutions and shall certify the
27 number of full-time equivalent students attending each eligible
28 institution during the most recent year for which data is
29 available.
30 Section 304-A. Library Grants.--For the academic year
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1 beginning on or about September 1, 1995, and for each academic
2 year thereafter as long as funds have been appropriated, the
3 department shall make an allotment, on behalf of each full-time
4 equivalent student attending the eligible institution as
5 certified pursuant to section 303-A a library grant as defined
6 in section 302-A, the allotment to be made to each eligible
7 institution or, in the case of State-owned institutions, the
8 State System of Higher Education, from the funds appropriated to
9 the department pursuant to this act. Following an initial
10 allocation and allotment, if any funds appropriated have not
11 been and cannot be allocated to one or more institutions
12 otherwise eligible therefor, the department shall reallocate
13 these funds to the remaining eligible institutions so that all
14 funds appropriated under this article have been allotted.
15 Section 305-A. Library Grant Fund.--(a) The Library Grant
16 Fund shall be maintained in a separate account and shall not be
17 commingled with other funds of the eligible institution. Each
18 institution or, in the case of State-owned institutions, the
19 State System of Higher Education, shall cause an audit of the
20 separate account to be made annually, which audit shall indicate
21 the manner in which the moneys in the Library Grant Fund have
22 been expended. A copy of the audit shall be forwarded to the
23 department.
24 (b) The moneys in the fund may be used only for, or in
25 connection with, expenses incurred by the eligible institution
26 to purchase, lease or otherwise acquire books and reference
27 materials, or automation and management systems, preservation
28 and conservation of collections to assist in meeting its library
29 needs.
30 Section 306-A. Forfeiture.--Any eligible institution which
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1 refuses to submit the information or audit as required by this
2 act or submits misrepresentations or false statements knowingly
3 with intent fraudulently to obtain moneys from the department
4 shall be denied status as an eligible institution under the
5 provisions of this act.
6 Section 3. The sum of $20,000,000 is hereby appropriated to
7 the Department of Education for the purposes and administration
8 of this act.
9 Section 4. This act shall take effect immediately.
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