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