PRINTER'S NO. 748
No. 651 Session of 2005
INTRODUCED BY RHOADES, MUSTO, PICCOLA, ORIE, PILEGGI, EARLL,
COSTA, GORDNER, WENGER, TARTAGLIONE, BRIGHTBILL, FUMO,
BOSCOLA, M. WHITE, THOMPSON, PIPPY, GREENLEAF, MADIGAN,
WONDERLING, WAUGH, LOGAN AND LEMMOND, APRIL 28, 2005
REFERRED TO EDUCATION, APRIL 28, 2005
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 waiver of standards.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 103 of the act of June 14, 1961 (P.L.324,
13 No.188), known as The Library Code, amended or added February 5,
14 2004 (P.L.59, No.6) and July 4, 2004 (P.L.526, No.68), is
15 amended to read:
16 Section 103. Waiver of Standards.--(a) If the
17 Commonwealth's appropriation for libraries in fiscal years 2003-
18 2004 [and], 2004-2005 and 2005-2006 is less than that provided
19 in fiscal year 2002-2003, the following conditions shall apply:
20 during the fiscal year beginning July 1, 2003, and ending June
1 30, 2004, [and] the fiscal year beginning July 1, 2004, and
2 ending June 30, 2005, and the fiscal year beginning July 1,
3 2005, and ending June 30, 2006, the State Librarian may, upon
4 application by the board of directors of a local library, waive
5 standards contained in this act or regulations promulgated under
6 this act relating to hours of operation, continuing professional
7 development, collections expenditures and any other standards
8 related to library operations deemed appropriate by the State
9 Librarian.
10 (b) (1) The board of directors of a local library may adopt
11 a resolution to apply for a waiver to any standards contained in
12 this act or regulations promulgated under this act if meeting
13 those standards places an economic hardship on the library's
14 operating budget. The application for waiver shall be in a
15 manner and in a form developed by the State Librarian and shall
16 specify the need for the waiver and provide supporting data and
17 information to explain the benefits to be obtained by the
18 waiver.
19 (2) The application for a waiver shall be adopted by a
20 resolution of the board of directors at a regularly scheduled
21 meeting of the board. Prior to the board of directors adopting
22 policies or procedures for which a waiver is being sought,
23 approval of the department shall be required.
24 (c) The State Librarian shall have thirty days from receipt
25 of an application submitted under this section to approve,
26 disapprove or request modifications to the application. If the
27 State Librarian fails to act within the time period, the waiver
28 shall be deemed approved. If the State Librarian disapproves the
29 application for waiver, the basis for the State Librarian's
30 disapproval shall be transmitted to the board of directors of
20050S0651B0748 - 2 -
1 the local library. The board of directors may submit a revised
2 application for waiver to the State Librarian.
3 Section 2. This act shall take effect July 1, 2005, or
4 immediately, whichever is later.
D1L24DMS/20050S0651B0748 - 3 -