CHAPTER 400

FORMERLY

HOUSE BILL NO. 436

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND PART VI, TITLE 29 OF THE DELAWARE CODE RELATING TO APPROPRIATIONS FOR PUBLIC LIBRARY SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part VI, Title 29 of the Delaware Code, by adding a new Chapter 66 to read as follows:

"CHAPTER 66. CONTRACTS WITH PUBLIC LIBRARY SYSTEM

§6601. Library policy of the State

It is hereby declared to be the policy of the State, as part of its provision for public education, to promote the establishment and development of public library service throughout the State and its political subdivisions.

§6602. Contracting for library services

In order to encourage the maintenance and development of proper standards, including personnel standards, hours of operation, library materials, collection standards, and interlibrary resource sharing, and to provide for the development of statewide public library service, the Delaware Division of Libraries, may contract with any public library, including privately incorporated public libraries, or public library systems established pursuant to Chapter 8, Title 9 of the Delaware Code, which qualifies under standards established by the Division with the approval of the Delaware Council on Libraries, to provide library services.

(a) The formula for services purchased by the Division shall be as follows for fiscal year 1985 and in each succeeding fiscal year.

Two cents for every dollar expended in the most recently completed fiscal year, exclusive of State and Federal funds, by the political subdivision or subdivisions operating or participating in the public library or public library system; plus

Thirty cents per capita for persons served by public library or public library system. The population served shall be determined by the Division with the approval of the Council in their sole discretion; plus

Ten dollars per square mile of area served to every public library or public library system. The geographic area served shall be determined by the Division with the approval of the Council in their sole discretion.

§6603. Limitation on expenditures for library services

In no case shall the Division pay for the services received, more than was expended, exclusive of State and Federal aid, by the political subdivision or organization operating the library.

If in any year the State appropriations to the Division for services under this Chapter are not sufficient to meet the cost of approved contracts for services, or State appropratlons exceed the formula designated in Section 6602(a) of this Chapter, the Division shall pro-rate the available funds in such manner that each public library or public library system shall receive its proportionate share.

In the event that no monies are appropriated for the purpose of this Chapter in any year, no public library or public library system shall have any claim to any other monies appropriated to the Division.

§6604. Obligations of libraries and procedures for contracting with the Division

Public libraries or public library systems contracting with the Division must meet or provide evidence of attempting to meet, minimum standards of operations as established by the Division and approved by the Council. The Division shall publish guidelines for the disposition of library materials purchased with State funds.

§6605. Standards of eligibility reports on operation of libraries

The Division shall establish and publish the procedure under which public libraries and public library systems may be eligible to contract with the State and may require reports on the operation of all libraries with which it contracts."

Section 2. Amend Section 6918, Part VI, Title 29 of the Delaware Code. by striking the period "." at the end of said Section and by substituting in lieu thereof the following:

"; nor shall this Subchapter apply to the purchase of services by the Division of Libraries of the Department of Community Affairs pursuant to Chapter 66 of this Title."

Approved July 18, 1984.