(a) Triggering event.--If the Commonwealth appropriation for libraries in any fiscal year is less than that provided in the immediately preceding fiscal year, upon application by the board of directors of the local library, the State Librarian may waive standards under this chapter and regulations promulgated under this chapter regarding hours of operation, staffing, continuing professional development, collections expenditures and any other standards related to library operations.
(b) Board of directors resolution.--The following shall apply:
(1) The board of directors of a local library may adopt a resolution at a regularly scheduled meeting of the board to apply for a waiver of any standards as provided in subsection (a) if meeting those standards places an economic hardship on the library's operating budget.
(2) Prior to the adoption of policies or procedures for which a waiver is being sought under paragraph (1), the department shall approve the policies or procedures.
(c) Application form and contents.--The application for waiver shall:
(1) Be in a manner and in a form developed by the State Librarian.
(2) Specify the need for the waiver.
(3) Provide supporting data and information to explain the benefits to be obtained by the waiver.
(d) Review of waiver application.--The State Librarian shall have 30 days from receipt of an application submitted under this section to approve, disapprove or request modifications to the application.
(e) Deemed approval.--If the State Librarian fails to act within the time period allotted under subsection (d), the waiver shall be deemed approved.
(f) Effect of disapproval.--If the State Librarian disapproves the application for waiver, he shall transmit the basis for disapproval to the board of directors of the local library.
(g) Reapplication.--The board of directors of a local library may submit a revised application for waiver to the State Librarian.
(h) Contents of approval.--The State Librarian may approve a waiver application in whole or in part. As to any part of an approved waiver application, the approval shall detail the extent to which each affected standard, policy or procedure may be revised by the board of directors.
(i) Duration of waiver.--Each waiver shall be effective for the duration of the fiscal year for which it was requested.
Cross References. Section 9332 is referred to in sections 9331, 9342 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 93 - Public Library Code
Section 9301 - Scope of chapter
Section 9311 - State Library and State Librarian
Section 9312 - Advisory council
Section 9313 - Statewide library resource centers
Section 9314 - District library centers
Section 9315 - Development of local libraries
Section 9316 - Acquisition of real property for library purposes
Section 9317 - County libraries and library taxes
Section 9318 - Local library governance
Section 9319 - Certification of library personnel
Section 9320 - Collaborative ventures
Section 9331 - Qualification in general
Section 9332 - Waiver of standards
Section 9333 - State system of aid to libraries
Section 9334 - Quality libraries aid
Section 9335 - Incentive for excellence aid
Section 9336 - Equal distribution grants
Section 9337 - County coordination aid
Section 9338 - District library center aid
Section 9339 - Statewide library resource center aid
Section 9340 - Equalization aid
Section 9341 - Transfer of funds among allocations
Section 9342 - Special rules for specific fiscal years
Section 9343 - Basic aid to local libraries
Section 9344 - Incentive aid to local libraries
Section 9351 - Financial support for libraries authorized
Section 9352 - Popular subscription
Section 9353 - Gifts and donations
Section 9371 - Free use of libraries
Section 9372 - Tax exempt status
Section 9373 - Commonwealth publications
Section 9374 - Selection of materials