PRIOR PRINTER'S NOS. 1506, 2043

PRINTER'S NO.  2128

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1225

Session of

2011

  

  

INTRODUCED BY PILEGGI, PICCOLA, SMUCKER, GREENLEAF, ERICKSON, FARNESE, YUDICHAK, D. WHITE, RAFFERTY, M. WHITE, WAUGH, BAKER, VANCE, TARTAGLIONE, ALLOWAY, COSTA, MENSCH, HUGHES, BOSCOLA, TOMLINSON, EARLL, DINNIMAN AND FERLO, AUGUST 30, 2011

  

  

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, APRIL 30, 2012   

  

  

  

AN ACT

  

1

Amending Title 24 (Education) of the Pennsylvania Consolidated

2

Statutes, providing for public library code; and making

3

related repeals.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Title 24 of the Pennsylvania Consolidated

7

Statutes is amended by adding a part to read:

8

PART VI

9

LIBRARIES

10

Subpart

11

A.  Public Libraries

12

B.  (Reserved)

13

SUBPART A

14

PUBLIC LIBRARIES

15

Chapter

16

93.  Public Library Code

 


1

CHAPTER 93

2

PUBLIC LIBRARY CODE

3

Subchapter

4

A.  General Provisions

5

B.  Public Library System

6

C.  State Aid to Libraries

7

D.  Municipal Support for Libraries

8

E.  Miscellaneous Provisions

9

SUBCHAPTER A

10

GENERAL PROVISIONS

11

Sec.

12

9301.  Scope of chapter.

13

9302.  Definitions.

14

§ 9301.  Scope of chapter.

15

This chapter relates to public libraries.

16

§ 9302.  Definitions.

17

The following words and phrases when used in this chapter

18

shall have the meanings given to them in this section unless the

19

context clearly indicates otherwise:

20

"Advisory council."  The Advisory Council on Library

21

Development established in section 9312 (relating to advisory

22

council).

23

"Basic standards."  Standards promulgated by the State

24

Librarian and approved by the advisory council which are

25

essential and must be achieved by:

26

(1)  A local library to qualify for State aid under

27

sections 9334 (relating to quality libraries aid) and 9336

28

(relating to equal distribution grants).

29

(2)  A branch library or a bookmobile to qualify for the

30

State aid under section 9336.

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1

"County library."  Any local library or division of a local

2

library which derives income from the commissioners of the

3

county for the express purpose of making its resources and

4

services available without charge to all county residents and

5

bringing direct library service to those residents not served by

6

other local libraries located within the same county. For the

7

purposes of this chapter, a local library operating a distinct

8

county library division shall be considered as two agencies, a

9

local library and county library, which are merged or conjoined.

10

"Department."  The Department of Education of the

11

Commonwealth.

12

"Direct service area."  The municipality to which the

13

governing body of a library is responsible for extending all its

14

library services without charge.

15

"Financial effort."  The sum expended annually by a local

16

library for the establishment, operation and maintenance of

17

library services which:

18

(1)  Derives from local taxes, gifts, endowments and

19

other local sources, as may be provided under rules and

20

regulations adopted by the advisory council.

21

(2)  Is used to determine eligibility for State aid.

22

"Financial effort equal to one-half mill."  The financial

23

effort equal to one-half mill times the market value of taxable

24

property, as determined by the State Tax Equalization Board, in

25

the municipalities for which aid is claimed or in the direct

26

service area of a local library, whichever is applicable.

27

"Financial effort equal to one-quarter mill."  The financial

28

effort equal to one-quarter mill times the market value of

29

taxable property, as determined by the State Tax Equalization

30

Board, in the municipalities for which aid is claimed or in the

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1

direct service area of a local library, whichever is applicable.

2

"Internet."  The international nonproprietary computer

3

network of both Federal and non-Federal interoperable packet-

4

switched data networks.

5

"Library system."  A county-level or multicounty-level

6

federation of at least two local libraries which:

7

(1)  Serves at least 25,000 people.

8

(2)  Has voluntarily agreed to participate in the

9

federation.

10

(3)  Has delegated the policymaking functions to a system

11

board of directors.

12

"Local government support."  Support from a municipality

13

within a direct service area for the normal, recurring operating

14

costs of a library or a library system serving that direct

15

service area from appropriations, general purpose taxes, special

16

library taxes or direct payment of any library expense. The term

17

shall not include costs of shared services, in-kind costs or

18

employment program costs.

19

"Local library."  Any free, public, nonsectarian library,

20

whether established and maintained by a municipality or by a

21

private association, corporation or group, which serves the

22

informational, educational and recreational needs of all the

23

residents of the area for which its governing body is

24

responsible, by providing free access to:

25

(1)  An organized and currently useful collection of

26

printed items and other materials, including free lending and

27

reference services.

28

(2)  The services of a staff trained to recognize and

29

provide for these needs.

30

"Locality."  Any city, borough, town, township or school

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1

district of the second, third or fourth class.

2

"Minimum standards."  Standards promulgated by the State

3

Librarian and approved by the advisory council which must be

4

achieved by a local library or library system to qualify for aid

5

under section 9335 (relating to incentive for excellence aid).

6

"Municipal officers."  Any of the following:

7

(1)  The mayor and council of a city.

8

(2)  The mayor and council of a borough or town.

9

(3)  The commissioners or supervisors of a township.

10

(4)  The commissioners of a county.

11

(5)  The board of school directors of a school district

12

of the second, third or fourth class.

13

"Municipality."  Any county or locality which establishes or

14

maintains a local library.

15

"Per capita."  Amounts per person residing in the direct

16

service area of the local library or library system determined

17

on the basis of the most recent official United States Census

18

report for purposes of calculating payment under sections 9334

19

(relating to quality libraries aid), 9335 (relating to incentive

20

for excellence aid), 9338 (relating to district library center

21

aid) and 9340 (relating to equalization aid).

22

"Surplus financial effort."  The financial effort which is in

23

excess of $5 per capita for each person residing in the direct

24

service area of the local library.

25

SUBCHAPTER B

26

PUBLIC LIBRARY SYSTEM

27

Sec.

28

9311.  State Library and State Librarian.

29

9312.  Advisory council.

30

9313.  Statewide library resource centers.

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1

9314.  District library centers.

2

9315.  Development of local libraries.

3

9316.  Acquisition of real property for library purposes.

4

9317.  County libraries and library taxes.

5

9318.  Local library governance.

6

9319.  Certification of library personnel.

7

9320.  Collaborative ventures.

8

§ 9311.  State Library and State Librarian.

9

(a)  Appointment of State Librarian.--The department shall

10

appoint a suitably qualified State Librarian to exercise the

11

powers and duties set forth in this section, who shall also

12

serve as Deputy Secretary for Libraries.

13

(b)  Powers and duties.--The State Librarian shall have the

14

power and duty to:

15

(1)  Control, direct, supervise and manage the State

16

Library as an agency providing information and fostering

17

continuing education in the State education program.

18

(2)  Maintain a law library as part of the State Library.

19

(3)  Maintain a definitive, organized collection of all

20

Commonwealth publications in the State Library, receive

21

copies of all publications of all agencies of the

22

Commonwealth and provide for the distribution of those

23

publications to other libraries.

24

(4)  Designate selected academic or local libraries

25

within this Commonwealth as State government document

26

depository libraries under criteria and regulations approved

27

by:

28

(i)  The advisory council.

29

(ii)  The Joint Committee on Documents, in the case

30

of documents published under the act of July 31, 1968

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1

(P.L.769, No.240), referred to as the Commonwealth

2

Documents Law.

3

(5)  Coordinate a Statewide system of local libraries.

4

(6)  Establish service standards for local libraries

5

applying for aid under sections 9334 (relating to quality

6

libraries aid) and 9335 (relating to incentive for excellence

7

aid), which standards shall recognize and encourage the use

8

and development of current and emerging technologies and

9

concern the following:

10

(i)  Minimum standards for number and quality of

11

library staff.

12

(ii)  Resources of books and other materials.

13

(iii)  Hours of operation.

14

(iv)  Continuing professional development.

15

(v)  Collections expenditures.

16

(vi)  Physical facilities.

17

(vii)  Accessibility, including physical and

18

electronic access to library materials.

19

(7)  Advise local libraries, district library centers,

20

Statewide library resource centers, municipalities and groups

21

regarding:

22

(i)  The selection of books, cataloging and other

23

details of library management.

24

(ii)  The location of new local libraries.

25

(iii)  Those items listed in paragraph (6).

26

(iv)  The best means of establishing and

27

administering a library.

28

(8)  Inspect local libraries, district library centers

29

and Statewide library resource centers and require reports in

30

any manner that the State Librarian deems proper.

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1

(9)  Purchase and maintain a general collection of books,

2

periodicals, newspapers, maps, slides, films and other

3

library materials for the use of State and local governments,

4

libraries and the public generally.

5

(10)  Make available all library materials of the State

6

Library for circulation to local libraries and the public

7

generally under rules and regulations promulgated by the

8

State Librarian.

9

(11)  Promote and demonstrate library services throughout

10

this Commonwealth.

11

(12)  Collect, preserve and publish library statistics.

12

(13)  Study library problems throughout this Commonwealth

13

and make the resultant findings available to all libraries

14

within the State that request the findings.

15

(14)  Conduct and arrange training programs for and

16

certify library personnel.

17

(15)  Whenever necessary, for the purpose of

18

administering the library laws of this Commonwealth, act as

19

arbiter in defining the direct service area of any library.

20

(16)  Receive funds allocated to the Commonwealth for

21

library purposes by the Federal Government or private

22

agencies and administer those funds in library maintenance,

23

improvement or extension programs consistent with Federal and

24

State library objectives.

25

(17)  Promote and support cooperation among the various

26

types of libraries in Pennsylvania for the purpose of

27

increasing the services and resources available through

28

libraries.

29

(18)  Subject to approval by the advisory council,

30

promulgate rules and regulations for the purpose of carrying

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1

out the library powers and duties that are imposed by law.

2

(c)  Restrictions on circulation.--The State Librarian may

3

restrict the circulation of library materials from the State

4

Library that are rare or used intensively in the State Library

5

for reference or other purposes.

6

§ 9312.  Advisory council.

7

(a)  Creation.--The Advisory Council on Library Development

8

is established and administered by the department.

9

(b)  Appointment by Governor.--The advisory council shall

10

consist of 12 members appointed by the Governor, as follows:

11

(1)  Three trustees of local libraries.

12

(2)  Six professional librarians.

13

(3)  Three laypeople.

14

(c)  Ex officio members.--The Secretary of Education and the

15

State Librarian shall be ex officio members of the advisory

16

council.

17

(d)  Term of office.--Each member of the advisory council

18

shall serve for four years, from the third Tuesday of January of

19

the year in which he takes office or until his successor has

20

been appointed and qualified.

21

(e)  Expenses.--Except for reimbursement for travel and other

22

actual expenses incurred in the performance of his duties, each

23

member of the advisory council shall serve without compensation.

24

(f)  Chairperson.--The Governor shall designate one member of

25

the advisory council as chairperson.

26

(g)  Meetings.--The advisory council shall meet at least four

27

times a year at such times and places as it shall determine.

28

(h)  Powers and duties.--The advisory council shall have the

29

following powers and duties:

30

(1)  Advise the Governor and the Secretary of Education

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1

regarding the appointment of the State Librarian.

2

(2)  Advise and make recommendations to the Governor, the

3

Secretary of Education and the State Librarian regarding the

4

general policies and operations of the State Library and the

5

State system of aid to libraries.

6

(3)  Constitute a board of appeal regarding disputes

7

arising from decisions of the State Librarian which affect

8

the amount of a library's State aid or a library's

9

eligibility for State aid. In any appeal, the ex officio

10

members of the advisory council shall not have voting rights,

11

and a majority of the members of the advisory council shall

12

determine the outcome of the appeal.

13

(4)  Aid in increasing public understanding of and

14

formulating plans for furthering the purposes of this

15

chapter.

16

(5)  Promulgate rules and regulations for the approval of

17

plans for the use of State funds and for the process and

<--

18

procedure to appeal funding and eligibility decisions.

19

(6)  Approve or disapprove library direct district 

<--

20

service areas which are recommended by the State Librarian.

21

§ 9313.  Statewide library resource centers.

22

(a)  Designation.--The State Librarian shall designate four

23

Statewide library resource centers to be located at the

24

following places:

25

(1)  Free Library of Philadelphia.

26

(2)  Pennsylvania State Library.

27

(3)  Pennsylvania State University Library.

28

(4)  Carnegie Library of Pittsburgh.

29

(b)  Powers and duties.--A Statewide library resource center

30

shall:

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1

(1)  Have the responsibility and power to acquire major

2

research collections.

3

(2)  Make research collections available to the residents

4

of this Commonwealth on a Statewide basis under rules and

5

regulations promulgated by a board consisting of the head

6

librarians of all Statewide library resource centers and

7

under the chairmanship of the State Librarian.

8

§ 9314.  District library centers.

9

(a)  Designation.--With the approval of the advisory council,

10

the State Librarian shall designate up to 30 libraries

11

throughout this Commonwealth as district library centers which

12

may include:

13

(1)  any local library;

14

(2)  any State college library;

15

(3)  the Pennsylvania State University Library; or

16

(4)  any privately supported college or university

17

library which agrees to serve as a district library center.

18

(b)  Powers and duties.--A district library center may:

19

(1)  Coordinate the services of local libraries within

20

the district library center system by contracting with a

21

municipality or board of trustees or managers of a local

22

library to become part of the system.

23

(2)  Provide direct library service without charge to all

24

residents of the district.

25

(3)  Provide supplementary library services to all local

26

libraries within the district.

27

(4)  Exchange or provide services with other district

28

library centers or contract for the provision of library

29

services with other district library centers.

30

§ 9315.  Development of local libraries.

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1

(a)  Vote on library tax; approval.--The qualified voters of

2

a municipality shall determine at a special election whether to

3

establish an annual special library tax on all taxable property

4

of the municipality for the establishment of, maintenance of and

5

aid to a local library under the following procedures:

6

(1)  Subject to paragraph (2), the municipal officers of

7

a municipality may submit to the qualified voters the

8

question of the library tax at any time.

9

(2)  If petitioned for by 3% of the number of individuals

10

who voted in the last preceding general or municipal

11

election, the municipal officers of a municipality shall

12

submit to the qualified voters the question of the library

13

tax.

14

(3)  A special election under this subsection shall be

15

held at the time of the next general, municipal or primary

16

election that occurs not less than 60 days from:

17

(i)  the date of the decision of the municipal

18

officers to submit the question of the library tax; or

19

(ii)  the date of submission of the petition under

20

paragraph (2).

21

(4)  If the majority of votes cast approves of the

22

library tax, at the first meeting following the official

23

announcement of the results of the election, the municipal

24

officers shall:

25

(i)  Take the necessary steps to levy and collect the

26

tax.

27

(ii)  Appoint a board of library directors to have

28

exclusive control of the library and library tax revenue

29

as provided in section 9318 (relating to local library

30

governance).

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1

(b)  Timing and amount of tax rate.--The following shall

2

apply:

3

(1)  Subject to paragraph (2), the library tax

4

established under this section shall be an annual tax which

5

shall remain in effect until another vote is taken to change

6

it.

7

(2)  The municipal officers of the municipality that have

8

approved the library tax may increase the rate without

9

submitting the question to the voters.

10

(c)  Levy and collection.--The library tax shall be levied

11

and collected in the same manner as other taxes in the

12

municipality and shall be in addition to all other taxes, unless

13

the municipality incorporates the library tax in the general

14

levy.

15

(d)  Use of tax proceeds.--The library tax may not be used

16

for any purpose other than the establishment of, maintenance of

17

and aid to a local library.

18

(e)  Contract for library service.--The following shall

19

apply:

20

(1)  A municipality may contract with the managers or

21

owners of an existing local library for public library

22

service to the residents of the municipality, whether the

23

library is located in the same or another municipality. The

24

contract may be renewed as permitted by the terms of the

25

contract.

26

(2)  The municipal officers of a municipality may make

27

appropriations from current municipal revenue or moneys

28

raised by the library tax to pay the contractual obligations

29

under paragraph (1).

30

(3)  If a special library tax is levied, all income from

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1

the tax shall be used for the establishment of, maintenance

2

of and aid to the local library with which the municipal

3

officers have entered into contract.

4

(f)  Limitation on establishment of new libraries.--The

5

following shall apply:

6

(1)  No new library may be established under the

7

provisions of this chapter in any municipality where there is

8

a local library which:

9

(i)  is open to the use of all the residents of the

10

municipality; and

11

(ii)  meets the minimum standards recommended by the

12

State Librarian as conditions for participation in State

13

aid.

14

(2)  All State aid authorized under this chapter shall be

15

given to an existing local library meeting the provisions of

16

paragraph (1).

17

(g)  Multiple libraries in municipality.--If two or more

18

libraries receive State aid from the same municipality and were

19

established on or before July 20, 1917, any appropriation

20

authorized by this chapter shall be divided between those

21

libraries according to the terms of any agreement previously

22

entered into between those libraries and approved by the State

23

Librarian.

24

§ 9316.  Acquisition of real property for library purposes.

25

(a)  Purchase or lease of real property.--A municipality may

26

acquire lands and buildings for local library purposes by the:

27

(1)  purchase, setting apart or lease of lands and

28

buildings or parts of buildings already owned by the

29

municipality;

30

(2)  erection of buildings; or

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1

(3)  alteration of existing buildings to make them

2

suitable for local library purposes.

3

(b)  Acquisition costs.--A municipality may provide for the

4

cost of an acquisition under subsection (a) in the same manner

5

as other buildings are acquired for use for municipal purposes.

6

(c)  Use of library tax proceeds.--If a municipality has

7

authorized a library tax, the directors of the library may remit

8

any funds accumulated in excess of the necessary costs of

9

establishing, maintaining or aiding the library to the municipal

10

officers of the municipality, which funds shall be used for the

11

purposes provided in subsection (a).

12

(d)  Taking of private property.--A municipality may by

13

ordinance or resolution purchase, enter upon and appropriate

14

private property within its limits for the purpose of erecting

15

or enlarging public library buildings.

16

(e)  Board of viewers.--The court of common pleas shall

17

appoint a board of viewers for the assessment of damages caused

18

by the taking of private property for public library purposes

19

if:

20

(1)  a petition is filed by the municipal officers or any

21

interested person; and

22

(2)  the municipality and the owners of the private

23

property cannot agree on the compensation to be paid for the

24

property.

25

(f)  Viewing proceedings.--The proceedings before the board

26

of viewers for the allowance of damages for property taken,

27

injured or destroyed and the proceedings upon its report shall

28

be as provided in other cases where such municipality

29

appropriates private property for municipal purposes.

30

(g)  Bond issue.--The qualified voters of a municipality

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1

shall determine at a special election whether to execute a

2

bonded indebtedness for purchasing grounds and erecting

3

buildings for library purposes under the following procedures:

4

(1)  If petitioned for by 5% of the registered voters of

5

a municipality, the municipal officers of a municipality

6

shall submit to the qualified voters the question of

7

execution of a bonded indebtedness.

8

(2)  A special election under this subsection shall be

9

held at the time of the next general, municipal or primary

10

election.

11

§ 9317.  County libraries and library taxes.

12

(a)  Establishment prohibited in certain cases.--If a

13

locality maintains a library that is not part of the direct

14

service area of a county library, no county library may be

15

established or maintained and no county library tax may be

16

imposed unless, prior to establishment of any library tax, the

17

municipal officers of that locality or the board of trustees or

18

managers of any endowed or association library in that locality

19

that was not established under this chapter or any of its

20

predecessors have:

21

(1)  signified the intent by ordinance or resolution to

22

become part of the direct service area of the county library

23

and merge any existing library in the locality with the

24

county library; or

25

(2)  contracted with the county commissioners as to the

26

terms and conditions under which the existing library will

27

become a part of the direct service area of the county

28

library.

29

(b)  Use of books and other property.--Title to the books and

30

other property of a library that is supported by a locality or

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1

any endowed library or association library in that locality that

2

was not established under this chapter or its predecessors shall

3

remain with locality or with the board of trustees or managers.

4

The books and other property may be used by the county library

5

in accordance with the terms of a written agreement between the

6

county commissioners and the municipal officers or board of

7

trustees or managers of the library that is supported by the

8

locality. Title to the books and other property may be

9

transferred to the county library.

10

(c)  Merger at a later date.--If a direct service area of a

11

county library is established and a locality has not joined in

12

its establishment, the locality may join the direct service area

13

at a later date if the municipal officers or the board of

14

trustees or managers of that library enter into an agreement

15

with the county board of library directors to merge its

16

facilities with the county library.

17

(d)  Imposition of county library tax restricted.--No county

18

library tax may be levied on any property in a locality that:

19

(1)  Maintains a local library by public tax funds.

20

(2)  Prior to the levy of the county library tax, has not

21

elected to join the direct service area of the county

22

library.

23

(e)  Referendum to separate from county library.--If a

24

locality has established and maintained a separate local library

25

and a county library also exists at that time, the qualified

26

voters of the locality shall determine at a special election

27

whether the locality shall be a part of the direct service area

28

of the county library and be subject to any tax for the

29

establishment of, maintenance of and aid to the county library

30

under the following procedures:

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1

(1)  If petitioned for by 3% of the number of individuals

2

voting in the last preceding general or municipal election in

3

the locality, the officers of the locality shall submit the

4

question to the qualified voters.

5

(2)  A special election under this subsection shall be

6

held at the time of the next general, primary or municipal

7

election that occurs not less than 60 days from the date of

8

the submission of the petition.

9

(3)  A special election under this subsection shall be

10

held no more than once in five years.

11

(4)  If the majority of votes cast approves the removal

12

of the locality from the direct service area of the county

13

library and the imposition of the county library tax, the

14

locality shall no longer be a part of the direct service area

15

of the county library and shall not be subject to the levy

16

and payment of any county library tax.

17

§ 9318.  Local library governance.

18

(a)  Board of library directors.--The following shall apply:

19

(1)  A local library established under this chapter or

20

the act of June 14, 1961 (P.L.324, No.188), known as The

21

Library Code, shall be governed exclusively by a board of

22

library directors as follows:

23

(i)  Except as provided in subparagraph (ii), the

24

board shall be composed of not fewer than five nor more

25

than seven members.

26

(ii)  If two or more municipalities contribute to the

27

establishment of, maintenance of and aid to a local

28

library, the municipalities may appoint a maximum of nine

29

members to serve on the board as they mutually agree.

30

(2)  The municipal officers of a municipality shall

- 18 -

 


1

appoint a majority of the members of the local library board

2

if the municipality maintains or aids a local library that is

3

established:

4

(i)  after June 14, 1961; and

5

(ii)  by deed, gift or testamentary provision or in

6

any manner other than under section 9351 (relating to

7

financial support for libraries authorized) or 9352

8

(relating to popular subscription).

9

(3)  The municipal officers of a municipality shall not

10

appoint more than two members of the local library board if

11

the municipality maintains or aids a local library that was

12

established prior to June 14, 1961, by deed, gift or

13

testamentary provision or by any association, corporation or

14

group.

15

(b)  Appointment; terms of office.--

16

(1)  The municipal officers of the municipality in which

17

the local library is established shall appoint any members of

18

the board and fill any vacancies on the board that they are

19

authorized to appoint in subsection (a).

20

(2)  A library director shall serve for a term of three

21

years or until a successor is appointed.

22

(3)  A vacancy on the board shall be filled for the

23

unexpired term.

24

(c)  Compensation.--No member of the board shall receive any

25

salary for service as a director.

26

(d)  Officers and agents.--The board shall elect a president,

27

secretary and treasurer from its membership and any other

28

officers and agents that the board deems necessary.

29

(e)  Bond.--The treasurer of the board shall obtain a bond in

30

an amount to be determined by the board to provide satisfactory

- 19 -

 


1

surety to the municipality.

2

(f)  Control of all funds.--Any money appropriated for the

3

establishment or maintenance of a local library and all moneys,

4

if any, received from other sources for the use of the library

5

shall be under the exclusive control of and disbursed under the

6

direction of the board.

7

(g)  Cooperative plans.--The board may contract with the

8

board of directors of another library to establish a cooperative

9

plan for improving library services.

10

(h)  Annual report.--The following shall apply:

11

(1)  The board and any library receiving municipal

12

appropriations shall make an annual report to the proper

13

municipal authorities of:

14

(i)  Any moneys received by the library from the

15

municipality.

16

(ii)  Any disbursements of moneys received by the

17

library from the municipality.

18

(iii)  The accounts of the treasurer of the board,

19

which shall be audited in the same manner as other

20

municipal expenditures.

21

(2)  The annual report shall include:

22

(i)  An itemized statement of all receipts from all

23

sources.

24

(ii)  All expenditures.

25

(iii)  A description of the condition of the library

26

and any branches.

27

(iv)  An accounting of the volumes, maps, pamphlets

28

and other materials of the library, including:

29

(A)  The total number of materials in the

30

library's possession.

- 20 -

 


1

(B)  The number of materials added by purchase,

2

gift or otherwise.

3

(C)  The number of materials lost or withdrawn.

4

(v)  The number of registered borrowers and readers.

5

(vi)  A statement of the circulation of materials.

6

(vii)  Any other information and suggestions as the

7

board desires.

8

(3)  A copy of each annual report shall be sent to the

9

State Library.

10

§ 9319.  Certification of library personnel.

11

(a)  Categories of personnel.--The State Librarian shall

12

certify library personnel according to the following categories

13

and with the following qualifications:

14

(1)  Library assistants shall have two years of college

15

education in addition to in-service library training.

16

(2)  Provisional librarians shall have a college degree

17

and introductory education in library service.

18

(3)  Professional librarians shall have a college degree

19

in addition to one or more academic years of professional

20

library education.

21

(b)  Equivalent experience.--The State Librarian may

22

promulgate rules and regulations providing for the certification

23

of persons in the categories set forth in subsection (a) based

24

on actual library experience as equivalent to the minimum

25

educational requirements under subsection (a).

26

(c)  Continuing education.--The State Librarian may

27

promulgate rules and regulations relating to continuing

28

education requirements for library assistants, provisional

29

librarians and professional librarians.

30

(d)  Excepted personnel.--This section does not apply to

- 21 -

 


1

clerks, typists, volunteer workers or other personnel who do not

2

need special library training.

3

§ 9320.  Collaborative ventures.

4

(a)  Interlibrary cooperative programs.--The State Librarian

5

shall provide financial support for the development and

6

maintenance of cooperative programs from funds appropriated to

7

the State Library for the purpose of:

8

(1)  Supporting interlibrary cooperative programs.

9

(2)  Promoting cooperation among various types of

10

libraries.

11

(3)  Preserving the existing financial support of any

12

single type of library.

13

(b)  Joint action by municipalities.--The following shall

14

apply:

15

(1)  Two or more municipalities may unite in establishing

16

and maintaining a local library under the terms of an

17

agreement entered into between them.

18

(2)  The agreement shall be in writing and shall set

19

forth:

20

(i)  The purpose of the agreement.

21

(ii)  The terms for support and control of the local

22

library.

23

(iii)  The conditions under which the agreement may

24

be altered or terminated.

25

(3)  The agreement is not valid until it is:

26

(i)  Accepted by a majority vote of the municipal

27

officers of each municipality that is a party to the

28

agreement.

29

(ii)  Signed by the proper officer of each

30

municipality that is a party to the agreement.

- 22 -

 


1

SUBCHAPTER C

2

STATE AID TO LIBRARIES

3

Sec.

4

9331.  Qualification in general.

5

9332.  Waiver of standards.

6

9333.  State system of aid to libraries.

7

9334.  Quality libraries aid.

8

9335.  Incentive for excellence aid.

9

9336.  Equal distribution grants.

10

9337.  County coordination aid.

11

9338.  District library center aid.

12

9339.  Statewide library resource center aid.

13

9340.  Equalization aid.

14

9341.  Transfer of funds among allocations.

15

9342.  Special rules for specific fiscal years.

16

9343.  Basic aid to local libraries.

17

9344.  Incentive aid to local libraries.

18

§ 9331.  Qualification in general.

19

(a)  General rule.--A local library shall comply with

20

standards under this chapter and regulations promulgated under

21

this chapter regarding hours of operation, staffing, continuing

22

professional development, collections expenditures and any other

23

standards related to library operations.

24

(b)  Submission of plan.--The following shall apply:

25

(1)  Any local library desiring to receive State aid

26

under this chapter shall submit a plan for the use of the

27

funds to the State Librarian.

28

(2)  No payments shall be made until the plan is approved

29

by the State Librarian in accordance with rules and

30

regulations approved by the advisory council.

- 23 -

 


1

(3)  Subsequent changes and modifications in a library

2

plan may be submitted at any time for approval by the State

3

Librarian.

4

(4)  Libraries qualifying for State aid shall have five

<--

5

years to achieve applicable standards. Further extensions of

6

time may be permitted with the approval of the State

7

Librarian acting under rules and regulations made by the

8

advisory council.

9

(c)  Partial State aide.--A local library may receive partial

<--

10

State aid under this chapter, as determined by the State

11

Librarian, if the local library:

12

(1)  is not able to comply with all standards under this

13

chapter and regulations promulgated under this chapter

14

regarding hours of operation, staffing, continuing

15

professional development, collections, expenditures and any

16

other standards related to library operations; and

17

(2)  is ineligible for a waiver pursuant to section 9332.

18

(c) (d)  Participation in district library center cooperative

<--

19

program; referendum.--No State aid shall be given to a local

20

library until the library participates in the district library

21

center cooperative program through either of the following

22

procedures:

23

(1)  The local library board shall commit the library to

24

participate in the district library center cooperative

25

program, including attendance at district meetings and the

26

use of interlibrary loans and interlibrary references.

27

(2)  If the local library board does not act to

28

participate in the district library center cooperative

29

program:

30

(i)  A petition regarding participation is circulated

- 24 -

 


1

within the direct service area of the library and signed

2

by at least 3% of the total number of persons voting in

3

the last preceding general or municipal election.

4

(ii)  The petition is presented to the municipal

5

officers who shall forward the petition to the County

6

Board of Elections.

7

(iii)  After determining that the petition contains a

8

sufficient number of signatures, the County Board of

9

Elections places the question of participation in the

10

district library center cooperative program on the ballot

11

in the municipalities comprising the direct service area

12

from which the petition was submitted.

13

(iv)  A majority of the persons vote on the question

14

in the affirmative.

15

(d) (e)  Internet access policy.--A local library that

<--

16

provides access to the Internet or an online service shall adopt

17

a policy regarding access by minors to Internet and online sites

18

that contain or make reference to explicit sexual materials as

19

defined in 18 Pa.C.S. § 5903 (relating to obscene and other

20

sexual materials and performances).

21

§ 9332.  Waiver of standards.

22

(a)  Triggering event.--If the Commonwealth appropriation for

23

libraries in any fiscal year is less than that provided in the

24

immediately preceding fiscal year, upon application by the board

25

of directors of the local library, the State Librarian may waive

26

standards under this chapter and regulations promulgated under

27

this chapter regarding hours of operation, staffing, continuing

28

professional development, collections expenditures and any other

29

standards related to library operations.

30

(b)  Board of directors resolution.--The following shall

- 25 -

 


1

apply:

2

(1)  The board of directors of a local library may adopt

3

a resolution at a regularly scheduled meeting of the board to

4

apply for a waiver of any standards as provided in subsection

5

(a) if meeting those standards places an economic hardship on

6

the library's operating budget.

7

(2)  Prior to the adoption of policies or procedures for

8

which a waiver is being sought under paragraph (1), the

9

department shall approve the policies or procedures.

10

(c)  Application form and contents.--The application for

11

waiver shall:

12

(1)  Be in a manner and in a form developed by the State

13

Librarian.

14

(2)  Specify the need for the waiver.

15

(3)  Provide supporting data and information to explain

16

the benefits to be obtained by the waiver.

17

(d)  Review of waiver application.--The State Librarian shall

18

have 30 days from receipt of an application submitted under this

19

section to approve, disapprove or request modifications to the

20

application.

21

(e)  Deemed approval.--If the State Librarian fails to act

22

within the time period allotted under subsection (d), the waiver

23

shall be deemed approved.

24

(f)  Effect of disapproval.--If the State Librarian

25

disapproves the application for waiver, he shall transmit the

26

basis for disapproval to the board of directors of the local

27

library.

28

(g)  Reapplication.--The board of directors of a local

29

library may submit a revised application for waiver to the State

30

Librarian.

- 26 -

 


1

(h)  Contents of approval.--The State Librarian may approve a

2

waiver application in whole or in part. As to any part of an

3

approved waiver application, the approval shall detail the

4

extent to which each affected standard, policy or procedure may

5

be revised by the board of directors.

6

(i)  Duration of waiver.--Each waiver shall be effective for

7

the duration of the fiscal year for which it was requested.

8

§ 9333.  State system of aid to libraries.

9

(a)  Establishment.--A system of State aid to assist in the

10

support and maintenance of local libraries, county libraries,

11

library systems, district library centers and Statewide library

12

resource centers is established.

13

(b)  Aid available to any local library or library system.--

14

Subject to the standards and eligibility requirements under this

15

chapter, the following categories of aid are available to any

16

local library or library system:

17

(1)  Quality libraries aid under section 9334 (relating

18

to quality libraries aid).

19

(2)  Incentive for excellence aid under section 9335

20

(relating to incentive for excellence aid).

21

(3)  Equal distribution grants under section 9336

22

(relating to equal distribution grants).

23

(4)  Equalization aid under section 9340 (relating to

24

equalization aid).

25

(c)  County libraries.--Subject to the provisions of section

26

9337 (relating to county coordination aid), a county library or

27

library system may receive county coordination aid.

28

(d)  Library centers.--A district library center or Statewide

29

library resource center shall receive state aid subject to:

30

(1)  Section 9338 (relating to district library center

- 27 -

 


1

aid).

2

(2)  Section 9339 (relating to Statewide library resource

3

center aid).

4

(e)  Allocation of annual appropriation.--Except as provided

5

in section 9342 (relating to special rules for specific fiscal

6

years), the Commonwealth's total annual appropriation for the

7

system of State aid established by this chapter shall be

8

allocated as follows:

9

(1)  In each year that the Commonwealth's appropriation

10

under this chapter equals or exceeds $17,500,000, 2.75% shall

11

be allocated first for equalization aid.

12

(2)  If paragraph (1) applies, the remainder of the

13

appropriation and the entire appropriation in fiscal years in

14

which paragraph (1) does not apply shall be allocated as

15

follows:

16

(i)  Twenty-five percent or a minimum of 25¢ per

17

capita for each person residing in the direct service

18

areas of the libraries or library systems which qualify

19

for quality libraries aid shall be allocated as quality

20

libraries aid.

21

(ii)  Twenty-five percent or a minimum of 25¢ per

22

capita for each person residing in the direct service

23

areas of the libraries or library systems which qualify

24

for incentive for excellence aid shall be allocated as

25

incentive for excellence aid.

26

(iii)  Five percent shall be allocated for equal

27

distribution grants.

28

(iv)  Ten percent shall be allocated for county

29

coordination aid.

30

(v)  Thirty percent or a minimum of 25¢ per capita

- 28 -

 


1

for each person residing in the direct service areas of

2

the libraries or library systems which are served by a

3

district library center shall be allocated for district

4

library center aid.

5

(vi)  Five percent shall be allocated for Statewide

6

library resource center aid.

7

§ 9334.  Quality libraries aid.

8

(a)  Regular financial effort required.--To qualify for

9

quality libraries aid, a local library or library system shall

10

make a minimum financial effort of $5 per capita for each person

11

residing in the municipalities that will be part of the direct

12

service area in which the library is applying for aid.

13

(b)  Exception for economically distressed municipalities.--A

14

local library or library system which applies for State aid on

15

behalf of an economically distressed municipality, as defined in

16

section 9340(b) (relating to equalization aid), shall expend a

17

minimum of $2 per capita for each person residing in the

18

municipality.

19

(c)  Standards.--To receive aid under this section, a local

20

library or library system shall meet the following basic

21

standards:

22

(1)  The local library or library system shall

23

participate in the Access Pennsylvania Statewide Library Card

24

Program, as provided by rules and regulations promulgated

25

under this chapter.

26

(2)  The local library or library system shall lend

27

materials free of charge on a reciprocal basis to all types

28

of libraries in this Commonwealth.

29

(3)  The local library or library system shall provide

30

interlibrary loans free of charge to residents of the

- 29 -

 


1

library's direct service area.

2

(4)  Unless the State Librarian promulgates rules and

3

regulations after the effective date of this section that

4

require different hours of operation, the local library or

5

library system shall be open for service for the following

6

minimum number of hours:

7

(i)  At least 26 hours per week during those times

8

best suited to the needs of residents of its service

9

area, including at least six hours during the weekend

10

period beginning on Saturday and ending on Sunday.

11

(ii)  Weekend hours may be reduced to four hours

12

during time periods as community-use patterns warrant,

13

for a maximum of ten weeks per year.

14

(5)  The library director of the local library or library

15

system shall annually attend at least eight hours of

16

continuing education programs approved by the Office of

17

Commonwealth Libraries.

18

(6)  The local library or library system shall

19

participate in the county library plan for the coordination

20

of countywide services. In the absence of a county library,

21

the local library or library system shall participate in the

22

development of a coordinated county services plan with the

23

district library center serving the municipalities in which

24

the local library or library system is located. The State

25

Librarian may on a case-by-case basis grant a waiver of

26

participation in certain provisions of the plan.

27

(d)  Allocation method.--Quality libraries aid shall be

28

allocated to qualifying local libraries and library systems on a

29

per capita basis in the following manner:

30

(1)  The annual allocation of funds available for quality

- 30 -

 


1

libraries aid shall be divided by the total population on

2

which all libraries and library systems qualify for State aid

3

to yield a per capita amount of quality libraries aid.

4

(2)  The per capita amount of quality libraries aid

5

calculated in paragraph (1) shall be multiplied by the total

6

population residing within the municipalities served by a

7

library or library system which qualifies for aid.

8

§ 9335.  Incentive for excellence aid.

9

(a)  Regular financial effort required.--To qualify for

10

incentive for excellence aid, a local library or library system

11

shall make a financial effort greater than $5 per capita for

12

each person residing in the municipalities that will be part of

13

the direct service area in which the library is applying for

14

aid.

15

(b)  Standards.--To receive aid under this section, a local

16

library or library system shall meet the following minimum

17

standards:

18

(1)  The local library or library system shall qualify

19

for quality libraries aid under section 9334 (relating to

20

quality libraries aid).

21

(2)  The local library or library system shall annually

22

spend not less than 12% of its operating budget on

23

collections, excluding costs of an unusual, emergency or

24

nonrecurring nature. A local library or library system that

25

spends more than 12% in the year in which it qualified for

26

incentive for excellence aid shall increase the total amount

27

spent on collections each succeeding year by the lesser of:

28

(i)  five percent of its operating budget; or

29

(ii)  the percentage increase in the appropriation

30

for improvement of library services.

- 31 -

 


1

(3)  Unless the State Librarian promulgates rules and

2

regulations after the effective date of this section that

3

require different hours of operation, the local library or a

4

member library within a library system shall be open for full

5

services for the following minimum number of hours:

6

(i)  At least 45 hours per week during those times

7

best suited to the needs of residents of its service

8

area, including at least seven hours during the weekend

9

period beginning on Saturday and ending on Sunday.

10

(ii)  Weekend hours may be reduced to four hours

11

during time periods as community-use patterns warrant,

12

for a maximum of ten weeks per year.

13

(iii)  A local library or member library within a

14

library system may reduce total weekly hours by three

15

hours per week during the ten-week period of reduced

16

Saturday and Sunday hours if approved by the State

17

Librarian.

18

(4)  The local library or member library within a library

19

system shall require at least six hours of continuing

20

education every two years for paid staff working at least 20

21

hours per week in direct support of the library service.

22

(c)  Allocation method.--The annual allocation of funds

23

available for incentive for excellence aid shall be allocated

24

proportionately to qualifying local libraries or library systems

25

as follows:

26

(1)  Tier 1 funding, which is up to 80¢ for each $1 per

27

capita or portion thereof of surplus financial effort that a

28

local library or library system shows that exceeds 100%, but

29

does not exceed 150%, of the minimum financial effort

30

required to receive quality libraries aid.

- 32 -

 


1

(2)  Tier 2 funding, which is up to 10¢ for each $1 per

2

capita or portion thereof of surplus financial effort that a

3

local library or library system shows that exceeds 150%, but

4

does not exceed 300%, of the minimum financial effort

5

required to receive quality libraries aid. Eligibility for

6

Tier 2 funding does not preclude receipt of Tier 1 funding.

7

(d)  Offsets prohibited.--The following shall apply:

8

(1)  Unless the State Librarian accepts evidence of

9

substantial curtailment of financial ability of the

10

community, a local library or library system may not use

11

incentive for excellence aid to reduce its financial effort

12

for normal and recurring operating costs.

13

(2)  A plan for the use of incentive for excellence aid

14

by a local library or library system may not be approved if

15

the plan projects a decrease in local government support for

16

normal and recurring operating costs from a previous level

17

unless the State Librarian determines that the decrease is:

18

(i)  directly attributable to a gift or endowment to

19

a local library; or

20

(ii)  there is a substantial decrease in the

21

financial ability of the municipality on behalf of which

22

the library or library system applied for aid.

23

§ 9336.  Equal distribution grants.

24

(a)  Eligibility.--The following libraries shall be eligible

25

for equal distribution grants:

26

(1)  Each district library center which, in its capacity

27

as a local or county library, has a population in its local

28

or county direct service area that is 12% or less of the

29

population of the designated direct service area of the

30

entire district library center.

- 33 -

 


1

(2)  Any local libraries and library systems that meet

2

the eligibility requirements for quality libraries aid under

3

section 9334 (relating to quality libraries aid).

4

(b)  Additional funding.--After all eligible county libraries

5

have been paid the total amounts for which they qualify under

6

section 9337 (relating to county coordination aid) for the

7

fiscal year, any funds remaining from the allocation for county

8

coordination aid under section 9333(e)(2)(iv) (relating to State

9

system of aid to libraries) shall be transferred and made a part

10

of the allocation for equal distribution grants.

11

(c)  Allocation method.--The following shall apply:

12

(1)  Each eligible district library center shall receive

13

5¢ per capita for each person residing in the entire

14

district.

15

(2)  The balance of the funds available for equal

16

distribution grants shall be divided equally among local

17

libraries and library systems as determined in subsection

18

(d).

19

(d)  Calculation of grants to local libraries and library

20

systems.--A local library and library system shall receive equal

21

distribution grants determined as follows:

22

(1)  The total amount of money allocated shall be divided

23

by the number of local libraries, branch libraries and

24

bookmobiles in this Commonwealth which achieve or exceed the

25

applicable basic standards.

26

(2)  Each library system shall receive an equal grant for

27

each qualifying member local library, branch library and

28

bookmobile.

29

(3)  Each local library shall receive an equal grant for

30

the central library and each qualifying branch library and

- 34 -

 


1

bookmobile.

2

§ 9337.  County coordination aid.

3

(a)  General matching rule.--In the case of a county library

4

or library system in a county of the second through eighth

5

class, State aid shall be given in an amount measured by the

6

amount appropriated by the county government from county moneys

7

and shall be determined as follows:

8

Class of County

Percentage Match

9

2

5%

10

2A and 3

30%

11

4

50%

12

5

50%

13

6

100%

14

7

100%

15

8

100%

16

(b)  Source of county moneys.--County moneys appropriated by

17

the county government to the county library or library system

18

may consist of funds from:

19

(1)  the county general fund;

20

(2)  a special library tax;

21

(3)  a district established under section 3110-B of the

22

act of July 28, 1953 (P.L.723, No.230), known as the Second

23

Class County Code, for the support and maintenance of the

24

county library; or

25

(4)  other sources.

26

(c)  Payments to county libraries or library systems in

27

counties of the second through eighth class.--The following

28

shall apply:

29

(1)  A county library or library system in a county of

30

the second through eighth class shall be paid the greater of

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1

either:

2

(i)  an amount equal to the percentage match in

3

subsection (a) multiplied by the level of county support

4

paid; or

5

(ii)  an amount equal to the amount paid under

6

section 9342(b)(1) (relating to special rules for

7

specific fiscal years) provided that:

8

(A)  the amount paid under section 9342(b)(1) was

9

10% above the amount of county coordination aid

10

received by the county in fiscal year 1999-2000; and

11

(B)  the level of county support paid is

12

maintained.

13

(2)  If the level of county support decreases from the

14

previous fiscal year, then the amount paid under this

15

subsection shall be an amount equal to the percentage match

16

in subsection (a) for the county multiplied by the reduced

17

level of county support paid.

18

(d)  Priority of payments.--The following shall apply:

19

(1)  Payments to a county library or library system in a

20

county of the second through seventh class shall be made from

21

the funds remaining after payments have first been made to

22

all county libraries or library systems in counties of the

23

eighth class as provided in subsection (c) and shall be an

24

amount equal to the level of county support as calculated

25

under subsection (c) for each class of county.

26

(2)  If the funds remaining after payments are made to

27

counties of the eighth class as provided in subsection (c)

28

are insufficient to pay the total amount for which each

29

county library and library system in counties of the second

30

through seventh class qualifies, then each shall be paid

- 36 -

 


1

proportionately from the funds remaining.

2

(e)  Use of funds.--A county library or library system shall

3

expend funds received under this section to implement a

4

countywide cooperative plan to improve and extend service. The

5

plan shall coordinate areas of library service and

6

administration, including library resources and collections,

7

technology, personnel, services to children, adults and special

8

populations.

9

(f)  Recipients of payments.--County coordination aid shall

10

be paid to the board of library directors in charge of each

11

qualifying county library or library system.

12

(g)  Annual report.--A report of the expenditure of State

13

moneys received under this section shall be made annually to the

14

county government and the State Librarian in such form as may be

15

required by the State Librarian.

16

(h)  Eligibility for other types of State aid.--Library

17

systems may apply for additional amounts of State aid under

18

sections 9334 (relating to quality libraries aid), 9335

19

(relating to incentive for excellence aid), and 9336 (relating

20

to equal distribution grants).

21

§ 9338.  District library center aid.

22

(a)  Eligibility.--Any library designated by the State

23

Librarian to serve as a district library center shall qualify

24

for an additional amount of State aid under this section.

25

(b)  Allocation method.--The following shall apply:

26

(1)  The amount of aid to be paid to each district

27

library center shall be determined by multiplying the annual

28

per capita rate set by the department by the number of

29

persons residing in the district.

30

(2)  No district library center shall receive less than

- 37 -

 


1

$200,000.

2

(c)  Standards.--A district library center shall meet the

3

following standards to qualify for aid under this section:

4

(1)  A district library center shall implement a program

5

of service to local libraries through an agreement negotiated

6

by representatives from the district library center, local

7

libraries, library systems and the State Library. The program

8

shall be implemented in accordance with district library

9

center rules and regulations issued by the State Librarian.

10

(2)  As part of the negotiated agreement, the district

11

library center shall provide leadership, coordination and

12

consultation to local libraries in the following areas:

13

(i)  Continuing education for library staff.

14

(ii)  Library services to youth.

15

(iii)  Library services to special populations,

16

including, but not limited to, individuals with

17

disabilities, homebound individuals, the elderly and

18

individuals who are deficient in basic literacy skills.

19

(iv)  Information technology and library automation.

20

(v)  Orientation and training for boards of directors

21

of local libraries, library systems and district library

22

centers.

23

(d)  Countywide cooperative plan.--If there is no county

24

library or library system in a county of the second through

25

eighth class, the district library center shall coordinate the

26

countywide plan for services described in section 9337(e)

27

(relating to county coordination aid).

28

§ 9339.  Statewide library resource center aid.

29

(a)  Eligibility.--Any library designated by the State

30

Librarian to serve as a Statewide library resource center shall

- 38 -

 


1

qualify for additional State aid under this section.

2

(b)  Allocation method.--The allocation shall be divided

3

equally among the libraries so designated.

4

(c)  Powers and duties.--Statewide library resource centers

5

shall disseminate information to Pennsylvanians to augment the

6

collections and services of local libraries and district library

7

centers through:

8

(1)  Digitizing Pennsylvania resources from their

9

extensive collections for Statewide accessibility and use via

10

the Internet.

11

(2)  Implementing for use by all Pennsylvanians an online

12

reference service based on the specialized resources and

13

staff expertise of the four Statewide library resource

14

centers.

15

(3)  Enhancing access to specialized online reference

16

databases.

17

(4)  Building major research collections and making them

18

available to all residents of this Commonwealth on a

19

Statewide basis via direct borrowing, interlibrary loan or

20

onsite use.

21

§ 9340.  Equalization aid.

22

(a)  Eligibility.--A local library or library system shall

23

qualify for equalization aid if it:

24

(1)  Achieves or exceeds applicable basic standards.

25

(2)  Maintains or exceeds its financial effort of the

26

preceding year.

27

(3)  Is supported by a municipality that is economically

28

distressed.

29

(b)  Economically distressed municipality.--A municipality

30

shall be deemed economically distressed if it meets any one or

- 39 -

 


1

more of the following criteria:

2

(1)  It is a city, borough, town or township with a

3

market value per capita below the fifth percentile of all

4

such cities, boroughs, towns and townships, as certified

5

annually by the State Tax Equalization Board.

6

(2)  It is located in a county having a personal income

7

per capita below the 15th percentile of all counties, as

8

certified annually by the Department of Revenue.

9

(3)  It is located in a county having an annual average

10

unemployment rate above the 70th percentile of all counties,

11

as determined annually by the Department of Labor and

12

Industry.

13

(c)  Per capita determination.--Population data to be used

14

for determining market value per capita and personal income per

15

capita, as provided for in this section, shall be the latest

16

available data from the Federal Census Bureau for the direct

17

service area of the local library or library system.

18

(d)  Failure to meet certain eligibility requirements.--If a

19

library or library system that is supported by an economically

20

distressed municipality fails to maintain or exceed its

21

financial effort of the preceding year, the library may still

22

qualify for equalization aid if the State Librarian accepts

23

evidence that the library or municipality did not attempt to

24

substitute State funds for local effort.

25

(e)  Allocation method.--The following shall apply:

26

(1)  Twenty percent of the annual allocation for

27

equalization aid shall first be distributed in equal amounts

28

to all local libraries and members of library systems which

29

qualify for equalization aid.

30

(2)  The remainder of the annual allocation shall be

- 40 -

 


1

distributed on a per capita basis to each local library and

2

library system which qualifies for equalization aid, by

3

dividing the number of persons residing in the direct service

4

area of each such local library or library system by the

5

total number of such persons residing in the direct service

6

areas of all qualifying local libraries or library systems,

7

and multiplying the result by the amount of the allocation to

8

be distributed on a per capita basis.

9

(f)  Maximum allotment.--As a result of the provisions of

10

this section, no local library or library system shall receive

11

more than one-third of the total annual appropriation for

12

equalization aid in any year.

13

(g)  Minimum allotment.--For each fiscal year that the

14

Commonwealth's total annual appropriation for the system of

15

State aid to libraries exceeds $17,500,000, no local library or

16

library system shall receive less equalization aid as a result

17

of the provisions of this section than that local library or

18

library system received for equalization aid during the

19

1984-1985 fiscal year.

20

§ 9341.  Transfer of funds among allocations.

21

(a)  General rule.--If necessary, the department may transfer

22

funds among the allocations found in section 9333(e) (relating

23

to State system of aid to libraries).

24

(b)  Exception.--The aggregate amount transferred into or out

25

of each allocation during a fiscal year shall not exceed 5% of

26

the amount specifically allocated for any specific type of aid.

27

§ 9342.  Special rules for specific fiscal years.

28

(a)  Fiscal year 1999-2000.--State aid to libraries for

29

fiscal year 1999-2000 shall be calculated as follows:

30

(1)  Quality libraries aid shall be allocated from the

- 41 -

 


1

amount resulting from the addition of the following:

2

(i)  A hold-harmless amount equal to the amount

3

allocated under section 303.1 of the act of June 14, 1961

4

(P.L.324, No.188), known as The Library Code, for the

5

fiscal year 1998-1999 from the Commonwealth's annual

6

appropriation for grants to local libraries and library

7

systems.

8

(ii)  Forty-seven percent of any increase in the

9

Commonwealth's annual appropriation for grants to local

10

libraries and library systems above the amount

11

appropriated for fiscal year 1998-1999.

12

(2)  Incentive for excellence aid shall be allocated from

13

the amount resulting from the addition of the following:

14

(i)  A hold-harmless amount equal to the amount

15

allocated under section 303.4 of The Library Code for the

16

fiscal year 1998-1999 from the Commonwealth's annual

17

appropriation for grants to local libraries and library

18

systems.

19

(ii)  Fifty-three percent of any increase in the

20

Commonwealth's annual appropriation for grants to local

21

libraries and library systems above the amount

22

appropriated for fiscal year 1998-1999.

23

(3)  County coordination aid shall be allocated from a

24

hold-harmless amount equal to the amount allocated for aid to

25

county libraries for fiscal year 1998-1999 from the

26

Commonwealth's annual appropriation for grants to local

27

libraries and library systems.

28

(4)  District library center aid shall be allocated from

29

a hold-harmless amount to equal that amount allocated for aid

30

to district library centers for fiscal year 1998-1999 from

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1

the amount allocated from the Commonwealth's annual

2

appropriation for grants to local libraries and library

3

systems.

4

(5)  Statewide library resource center aid shall be

5

allocated from a hold-harmless amount to equal that amount

6

allocated for aid to Statewide library resource centers for

7

fiscal year 1998-1999 from the amount allocated from the

8

Commonwealth's annual appropriation for grants to local

9

libraries and library systems.

10

(6)  Equalization aid shall be allocated from of a hold-

11

harmless amount to equal that amount allocated for

12

equalization aid for fiscal year 1998-1999 from the amount

13

allocated from the Commonwealth's annual appropriation for

14

grants to local libraries and library systems.

15

(7)  Equal distribution grants shall be allocated from a

16

hold-harmless amount to equal that amount allocated for equal

17

distribution grants to local libraries and library systems

18

for fiscal year 1998-1999 from the amount allocated from the

19

Commonwealth's annual appropriation for grants to local

20

libraries and library systems.

21

(b)  Fiscal year 2000-2001.--State aid to libraries for

22

fiscal year 2000-2001 shall be calculated as follows:

23

(1)  County coordination aid to a county library or

24

library system in counties of the eighth class shall consist

25

of an amount equal to the greater of:

26

(i)  The percentage match in section 9337(a)

27

(relating to county coordination aid) multiplied by the

28

level of county support paid.

29

(ii)  Ten percent above the amount paid under section

30

303.7(c)(1) of The Library Code in fiscal year 1999-2000.

- 43 -

 


1

(2)  County coordination aid to a county library or

2

library system in counties of the second through seventh

3

class shall not be less than ten percent above the amount

4

paid to it under section 303.7(c)(2) of The Library Code in

5

fiscal year 1999-2000.

6

(c)  Fiscal year 2003-2004.--State aid to libraries for

7

fiscal year 2003-2004 shall be calculated as follows by adding

8

the amounts calculated under paragraphs (1) and (2):

9

(1)  The amount of district library center aid that the

10

library received in fiscal year 2002-2003 divided by

11

$13,018,810 and multiplied by $6,509,405.

12

(2)  The sum of the amount of quality libraries aid,

13

incentive for excellence aid, county coordination aid,

14

Statewide library resource center aid, equalization aid and

15

equal distribution grants that the library received in fiscal

16

year 2002-2003 divided by $62,270,190 and multiplied by

17

$41,279,595.

18

(d)  Fiscal year 2004-2005.--State aid to libraries for

19

fiscal year 2004-2005 shall be calculated as follows:

20

(1)  Any district library center established during

21

fiscal year 2003-2004 shall receive $126,000.

22

(2)  Any district library center from whose service area

23

a new district library center was established during fiscal

24

year 2003-2004 shall receive $317,662.

25

(3)  Any district library center not qualifying for

26

funding under paragraph (1) or (2) shall receive the amount

27

the library received in fiscal year 2003-2004 under

28

subsection (c)(1) multiplied by 120%.

29

(4)  Any library that received funding in fiscal year

30

2003-2004 under subsection (c)(2) shall receive that same

- 44 -

 


1

amount in fiscal year 2004-2005.

2

(5)  Any library that receives funding under paragraph

3

(4) shall receive an additional amount as calculated below:

4

(i)  The amount calculated by adding paragraphs (1),

5

(2), (3) and (4) shall be subtracted from the amount of

6

the total appropriation available for the improvement of

7

library services in fiscal year 2004-2005.

8

(ii)  The amount of funding that the library received

9

in fiscal year 2003-2004 under subsection (c)(2) shall be

10

multiplied by the result obtained in subparagraph (i).

11

(iii)  The result obtained in subparagraph (ii) shall

12

be divided by the sum of the amount of funding provided

13

to all libraries under subsection (c)(2) in fiscal year

14

2003-2004.

15

(6)  The total amount of funding under this subsection

16

shall be determined by adding paragraphs (1), (2), (3), (4)

17

and (5).

18

(e)  Fiscal year 2005-2006.--State aid to libraries for

19

fiscal year 2005-2006 shall be the total of the results

20

calculated under paragraphs (1), (2) and (3) as follows:

21

(1)  An amount equal to the State aid allocation for

22

fiscal year 2004-2005 under subsection (d).

23

(2)  An aid to local libraries supplement to be

24

calculated as follows:

25

(i)  The amount of funding that the library received

26

in fiscal year 2004-2005 under subsection (d)(4) and (5)

27

shall be multiplied by $1,752,000; and

28

(ii)  The result obtained under subparagraph (i)

29

shall be divided by the sum of the amount of funding

30

provided to all libraries under subsection (d)(4) and (5)

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1

in fiscal year 2004-2005.

2

(3)  A district center restoration supplement to be

3

calculated as follows:

4

(i)  The total amount of funding that the library

5

received in fiscal year 2004-2005 under subsection (d)

6

(1), (2) and (3) shall be multiplied by $1,696,000; and

7

(ii)  The result obtained under subparagraph (i)

8

shall be divided by the sum of the amount of funding

9

provided to all libraries under subsection (d)(1), (2)

10

and (3) in fiscal year 2004-2005.

11

(f)  Fiscal year 2006-2007.--State aid to libraries for

12

fiscal year 2006-2007 shall be calculated as follows:

13

(1)  A library that received quality libraries aid,

14

incentive for excellence aid, county coordination aid,

15

Statewide library resource center aid, equalization aid and

16

equal distribution grants in fiscal year 2002-2003 shall

17

receive the same amount the library received in fiscal year

18

2002-2003.

19

(2)  A district library center that received district

20

library center aid in fiscal year 2002-2003 shall receive the

21

same amount the library received in fiscal year 2002-2003,

22

except as follows:

23

(i)  A district library center receiving funding

24

under subsection (d)(1) shall receive $210,000.

25

(ii)  A district library center receiving funding

26

under subsection (d)(2) shall receive $529,437.

27

(3)  At the discretion of the State Librarian, the sum of

28

$126,141 shall be made available as State aid to be paid to a

29

library that has become eligible to receive State aid but did

30

not receive funding under paragraphs (1) or (2).

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1

(4)  The total amount of funding under this subsection

2

shall be determined by adding paragraphs (1), (2) and (3).

3

(5)  After distribution of funds calculated under

4

paragraph (4), any remaining unallocated funds may be

5

distributed at the discretion of the State Librarian.

6

(g)  Fiscal year 2007-2008.--Each library that received a

7

State aid allocation for fiscal year 2006-2007 that complies

8

with the standards under this chapter relating to hours of

9

operation, continuing professional development, collections

10

expenditures and any other standards related to library

11

operations shall be eligible for State aid in fiscal year

12

2007-2008, calculated by adding the following:

13

(1)  An amount equal to the State aid allocation for

14

fiscal year 2006-2007 pursuant to subsection (f).

15

(2)  An equal distribution grant supplement to be

16

provided to each local library, qualifying branch library and

17

bookmobile, determined by dividing $250,000 by the total

18

number of all local libraries, branch libraries and

19

bookmobiles.

20

(3)  After distribution of State aid to libraries under

21

this subsection, any remaining unallocated funds may be

22

distributed at the discretion of the State Librarian.

23

(h)  Fiscal year 2008-2009.--Each library that received a

24

State aid allocation for fiscal year 2007-2008 under subsection

25

(g) and which complies with the standards contained under this

26

chapter relating to hours of operation, continuing professional

27

development, collections expenditures and any other standards

28

related to library operations shall be eligible for State aid in

29

fiscal year 2008-2009, calculated as follows:

30

(1)  The total amount of funding that the library

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1

received in fiscal year 2007-2008 under subsection (g) shall

2

be:

3

(i)  divided by the total State aid subsidy for

4

fiscal year 2007-2008; and

5

(ii)  the result obtained in subparagraph (i)

6

multiplied by the total State aid subsidy for fiscal year

7

2008-2009.

8

(2)  After distribution of State aid to libraries under

9

paragraph (1), any remaining unallocated funds may be

10

distributed at the discretion of the State Librarian.

11

(i)  Fiscal year 2009-2010.--State aid to libraries for

12

fiscal year 2009-2010 shall be calculated as follows:

13

(1)  The sum of the amount of funding that the library

14

received in fiscal year 2007-2008 under subsection (g) shall

15

be divided by the total State aid subsidy for fiscal year

16

2007-2008.

17

(2)  The result obtained under paragraph (1) shall be

18

multiplied by the total State aid subsidy for fiscal year

19

2009-2010.

20

(3)  Following distribution of funds appropriated for

21

State aid to libraries, any remaining funds may be

22

distributed at the discretion of the State Librarian.

23

(4)  If funds appropriated for State aid to libraries in

24

fiscal year 2009-2010 are less than funds appropriated in

25

fiscal year 2002-2003, the State Librarian may waive

26

standards as prescribed in section 9332 (relating to waiver

27

of standards).

28

(5)  Each library system receiving State aid under this

29

subsection may distribute the local library share of that aid

30

in a manner as determined by the board of directors of the

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1

library system, except that this paragraph shall not apply to

2

a library system operating in a county of the second class.

3

(j)  Fiscal year 2010-2011.--State aid to libraries for

4

fiscal year 2010-2011 shall be calculated as follows:

5

(1)  The sum of the amount of funding that the library

6

received in fiscal year 2009-2010 under subsection (i)

7

divided by the total State-aid subsidy for fiscal year

8

2009-2010.

9

(2)  The result obtained under paragraph (1) multiplied

10

by the total State-aid subsidy for 2010-2011.

11

(3)  Following distribution of funds appropriated for

12

State aid to libraries, any remaining funds may be

13

distributed at the discretion of the State Librarian.

14

(4)  If funds appropriated for State aid to libraries in

15

fiscal year 2010-2011 are less than funds appropriated in

16

fiscal year 2002-2003, the State Librarian may waive

17

standards as prescribed under section 9332.

18

(5)  Each library system receiving State aid under this

19

subsection may distribute the local library share of that aid

20

in a manner as determined by the board of directors of the

21

library system, except that this paragraph shall not apply to

22

a library system operating in a county of the second class.

23

(k)  Fiscal year 2012-2013.--Each library subject to this

24

part shall be eligible for State aid for fiscal year 2012-2013

25

as follows:

26

(1)  Funds appropriated for libraries shall be

27

distributed to each library under the following formula:

28

(i)  Divide the amount of funding that the library

29

received in fiscal year 2011-2012 under section 2318 of

30

the act of March 10, 1949 (P.L.30, No.14), known as the

- 49 -

 


1

Public School Code of 1949, by the total State-aid

2

subsidy for fiscal year 2011-2012.

3

(ii)  Multiply the quotient under subparagraph (i) by

4

the total State-aid subsidy for 2012-2013.

5

(2)  Following distribution of funds appropriated for

6

State aid to libraries under paragraph (1), any remaining

7

funds may be distributed to libraries at the discretion of

8

the State Librarian.

9

(3)  If funds appropriated for State aid to libraries in

10

fiscal year 2012-2013 are less than funds appropriated in

11

fiscal year 2002-2003, the State Librarian may waive

12

standards as prescribed under section 9332 (relating to

13

waiver of standards).

14

(4)  (i)  Each library system receiving State aid under

15

this section may distribute the local library share of

16

that aid in a manner as determined by the board of

17

directors of the library system.

18

(ii)  This paragraph shall not apply to a library

19

system operating in a county of the second class.

20

(5)  In the event of a change in district library center

<--

21

population prior to the effective date of this section as a

22

result of:

23

(i)  a city, borough, town, township, school district

24

or county moving from one library center to another; or

25

(ii)  a transfer of district library center status to

26

a county library system,

27

funding of district library center aid shall be paid based on

28

the population of the newly established or reconfigured

29

district library center.

30

§ 9343.  Basic aid to local libraries.

- 50 -

 


1

(a)   Allocation.--For eligible fiscal years up to and

2

through the 1998-1999 fiscal year, 25% of the Commonwealth's

3

total annual appropriation for the system of State aid

4

established under section 9333 (relating to State system of aid

5

to libraries), or a minimum of 25¢ per capita for each person

6

residing in the municipalities of the libraries which qualify

7

for basic aid, shall be allocated as basic aid.

8

(b)  Minimum financial effort.--

9

(1)  Any local library which makes a minimum financial

10

effort equal to one-half mill, for the municipalities on

11

behalf of which it applies for aid, or $2 per capita for each

12

person residing in those municipalities, whichever is less

13

and achieves the basic standards, shall qualify for basic

14

State aid. The aid shall not be less than 25¢ for each person

15

residing in the municipalities.

16

(2)  If the allocation for basic aid exceeds the amount

17

necessary to pay the minimum rate, the entire allocation

18

shall be distributed at a per capita rate which shall be

19

determined by dividing the allocation by the number of

20

persons in this Commonwealth on behalf of which local

21

libraries and library systems apply and qualify for basic

22

aid. In the first year in which a library applies for State

23

aid it shall qualify by making a minimum financial effort

24

equal to one-quarter mill, or $1 per capita for each person

25

residing in the municipalities, whichever is less.

26

(c)  Qualification.--

27

(1)  In each of the succeeding five years, the library

28

shall qualify for maximum State aid only when it increases

29

its financial effort by the following scale of percentages of

30

the difference between the financial effort with which the

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1

library initially qualified for State-aid and a financial

2

effort equal to one-half mill, or $2 per capita for each

3

person residing in the municipalities for which it applies

4

for aid, whichever is less:

5

1st succeeding year—20%

6

2nd succeeding year—40%

7

3rd succeeding year—60%

8

4th succeeding year—80%

9

5th succeeding year—100%.

10

(2)  If the increase in any year is less than the

11

percentage specified under paragraph (1), the amount of State

12

aid shall be reduced by a percentage equal to one-fifth of

13

the percentage which the difference between the required

14

increase and the actual increase bears to the required

15

increase multiplied by the number of years of participation

16

in State aid beyond the first year.

17

(d)  Ineligibility.--After the fifth succeeding year, a local

18

library shall not be eligible for further State aid unless it

19

makes a financial effort equal to one-half mill for the

20

municipalities on behalf of which it applies for aid, or $2 per

21

capita for each person residing in those municipalities,

22

whichever is less.

23

§ 9344.  Incentive aid to local libraries.

24

(a)  Allocation.--For eligible fiscal years up to and through

25

the 1998-1999 fiscal year, 25% of the Commonwealth's total

26

annual appropriation for the system of State aid established

27

under section 9333 (relating to State system of aid to

28

libraries), or a minimum of 25¢ per capita for each person

29

residing in the direct service areas of the libraries which

30

qualify for incentive aid, shall be allocated as incentive aid.

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1

(b)  Incentive aid.--

2

(1)  Any local library or library system which makes a

3

minimum financial effort equal to one-half mill, or $2 per

4

capita for each person residing in its direct service area,

5

whichever is less, and fulfills the minimum standards for

6

local libraries or the minimum standards for library systems,

7

whichever is applicable, shall qualify for incentive aid,

8

which shall be in addition to all other amounts of aid

9

provided under this section.

10

(2)  Each qualifying library or library system shall

11

receive incentive aid up to 50¢ for each $1 of surplus

12

financial effort but if 50¢ per $1 of surplus financial

13

effort is more than 25¢ per capita, the minimum incentive aid

14

shall be 25¢ per capita for each person residing in the

15

direct service area. If, after paying the minimum amount set

16

forth under this section, there is a balance in the

17

allocation, the balance shall be prorated among the libraries

18

and library systems which qualify for a larger amount of aid

19

at the rate of 50¢ for each $1 of surplus financial effort

20

rather than at the rate of 25¢ per capita.

21

SUBCHAPTER D

22

MUNICIPAL SUPPORT FOR LIBRARIES

23

Sec.

24

9351.  Financial support for libraries authorized.

25

9352.  Popular subscription.

26

9353.  Gifts and donations.

27

§ 9351.  Financial support for libraries authorized.

28

(a)  Municipalities empowered to support libraries.--The

29

municipal officers of a municipality may establish a local

30

library or aid in the maintenance of a local library established

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1

by deed, gift or testamentary provision for the use of the

2

residents of the municipality through:

3

(1)  Appropriations out of current revenue of the

4

municipality.

5

(2)  Money raised by the levy of a special library tax.

6

(b)  Special library tax.--

7

(1)  A special library tax may be:

8

(i)  levied on the taxable property of the

9

municipality; or

10

(ii)  levied and collected with the general taxes.

11

(2)  A special library tax may not be levied on residents

12

of a municipality which appropriates funds or levies a tax

13

for the support of a local library that is located within the

14

municipality but is not a part of the direct service area of

15

a county library.

16

(3)  Imposition of a special library tax shall not

17

prevent a municipality from also making appropriations for

18

library purposes.

19

(4)  Income from a special library tax shall be used for

20

the support and maintenance of the local library.

21

§ 9352.  Popular subscription.

22

(a)  Authorization.--The residents of a municipality may

23

raise a fund equal to or exceeding the gross amount of a three-

24

mill tax on taxable property in the municipality by popular

25

subscription.

26

(b)  Acceptance by municipality.--If the fund raised by

27

popular subscription is offered to the municipality for the

28

purpose of establishing a local library, the municipal officers

29

of the municipality shall accept the fund and use it for the

30

sole purpose of establishing a local library.

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1

(c)  Limitation on subscribers.--No more than 2% of the fund

2

raised by popular subscription may be subscribed by one

3

individual or organization.

4

(d)  Payment of subscription.--The subscription may be made

5

payable in four quarterly payments and shall be in a form that

6

is collectible by legal process if necessary.

7

(e)  Control of fund.--Upon receipt of the fund authorized

8

under subsection (a), the municipal officers shall immediately

9

place the fund under the control of a board of library directors

10

appointed under section 9318 (relating to local library

11

governance).

12

(f)  Library tax.--The municipal officers shall levy and

13

collect a tax at the annual rate of not less than one and one-

14

half mills annually on taxable property in the municipality for

15

the purpose of maintaining a library established under the

16

provisions of this section.

17

§ 9353.  Gifts and donations.

18

(a)  Power to hold property.--A municipality or corporation

19

that owns or manages a local library may take and hold real or

20

personal property for library purposes.

21

(b)  Transfer of title.--A person wishing to donate books,

22

money or real or personal property for the benefit of a local

23

library may vest the title to that property in the municipality

24

or corporation having control of the affairs of the library, to

25

be held and controlled by the municipality or corporation

26

according to the terms of the deed, gift, devise or bequest.

27

(c)  Fiduciary capacity.--The municipality or corporation

28

shall perform its duties under this section in a fiduciary

29

manner.

30

(d)  Control of property.--Unless the terms of the donation,

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1

deed, gift, devise or bequest specify otherwise, the board of

2

library directors or the corporation shall control and

3

administer the property received under this section.

4

SUBCHAPTER E

5

MISCELLANEOUS PROVISIONS

6

Sec.

7

9371.  Free use of libraries.

8

9372.  Tax exempt status.

9

9373.  Commonwealth publications.

10

9374.  Selection of materials.

11

9375.  Privacy of circulation records.

12

9376.  Damage to library materials.

13

§ 9371.  Free use of libraries.

14

(a)  Residents and taxpayers.--Each library established or

15

maintained under this chapter shall be free for the use of the

16

residents and taxpayers of the municipality in which it is

17

located.

18

(b)  Nonresidents.--The board of library directors may extend

19

library privileges to persons not residing in the municipality

20

upon the terms and conditions that the board prescribes.

21

(c)  Terms of usage.--Usage of the library shall be subject

22

to reasonable rules and regulations adopted by the board of

23

library directors.

24

(d)  Loss of privileges.--The board of library directors may

25

exclude from the use of the library a person who willfully

26

violates the rules and regulations adopted under subsection (c).

27

§ 9372.  Tax exempt status.

28

(a)  Exemption from local taxes.--

29

(1)  Subject to paragraph (2), the following shall be

30

exempt from county, city, borough, town, township, school,

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1

bounty, poor or head taxes:

2

(i)  A building owned and occupied by a local

3

library.

4

(ii)  The land on which a local library stands.

5

(iii)  Land that is immediately and necessarily

6

appurtenant to a local library.

7

(2)  Paragraph (1) applies even if some portion of the

8

building or land yields rental income to the corporation or

9

association managing the library, if the net rental receipts

10

of the corporation or association are used solely to maintain

11

the library.

12

(b)  Exemption from inheritance taxes.--A gift, devise, grant

13

or endowment made to a local or national library shall be free

14

from collateral inheritance tax.

15

(c)  Exemption for investment interest.--A gift, endowment or

16

fund of a local library which is invested in an interest-bearing

17

security shall be exempt from State tax on money at interest, if

18

that income is used solely for the purchase of books or the

19

maintenance of the library.

20

§ 9373.  Commonwealth publications.

21

(a)  Documents depository libraries.--The State Librarian

22

shall designate State document depository libraries to receive

23

Commonwealth publications.

24

(b)  Collection and distribution.--The Department of General

25

Services shall direct each department, board, commission or

26

agency of the Commonwealth to supply it with copies of each

27

publication remaining after regular distribution according to

28

existing allocations, up to a maximum of 250 copies. The

29

Department of General Services shall forward, as soon as

30

practicable, a copy of each publication to those libraries

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1

designated by the State Librarian under subsection (a).

2

(c)  Eligible libraries.--A public library, school library,

3

junior college or community college library, university library

4

or historical society library in this Commonwealth shall be

5

eligible to receive free copies of the publications.

6

(d)  Recall of publications.--The Commonwealth may recall a

7

publication if its copy is destroyed, damaged or lost.

8

(e)  Documents published under the Commonwealth Documents

9

Law.--This section shall not apply to the distribution of

10

documents published under the act of July 31, 1968 (P.L.769,

11

No.240), referred to as the Commonwealth Documents Law. With the

12

approval of the advisory council, the State Librarian shall make

13

recommendations from time to time to the Joint Committee on

14

Documents concerning criteria for the distribution to libraries

15

of documents published under the Commonwealth Documents Law.

16

§ 9374.  Selection of materials.

17

(a)  Counseling by State Librarian.--The powers and duties of

18

the State Librarian relating to counseling local libraries in

19

the selection of resources of books and other materials

20

contained in section 9311(b)(6)(ii) (relating to State Library

21

and State Librarian) shall not restrict or limit local libraries

22

in their choice of resources that have not been determined as a

23

result of counseling.

24

(b)  Rules and regulations restricted.--No rule or regulation

25

promulgated under the authority of this chapter shall directly

26

or indirectly prohibit the inclusion in a library's collections

27

of a particular book, periodical, material, the works of a

28

particular author or the expression of a particular point of

29

view.

30

§ 9375.  Privacy of circulation records.

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1

Records of the following institutions which relate to the

2

circulation of library materials and contain the names or other

3

personally identifying information of users of the materials

4

shall be confidential and may not be made available to anyone

5

except by a court order in a criminal proceeding:

6

(1)  The State Library.

7

(2)  A local library established or maintained under the

8

provisions of this chapter.

9

(3)  The library of a university, college or educational

10

institution chartered by the Commonwealth.

11

(4)  The library of a public school.

12

(5)  A library established and maintained under a law of

13

this Commonwealth.

14

(6)  A branch reading room, deposit station or agency

15

operated in connection with a library described in this

16

section.

17

§ 9376.  Damage to library materials.

18

(a)  Offenses defined.--A person who willfully cuts,

19

mutilates, marks or otherwise injures a book, pamphlet,

20

magazine, newspaper, manuscript, map or other property of, or on

21

deposit with, any of the institutions under subsection (c) shall

22

upon conviction, be subject to the same penalties as provided

23

for in 18 Pa.C.S. § 6708 (relating to retention of library

24

property after notice to return).

25

(b)  Disposition of fines.--Fines collected under a

26

conviction under this section shall be distributed for the use

27

of the library against which the offense was committed.

28

(c)  Applicability.--This section applies to materials from

29

any of the following institutions:

30

(1)  The State Library.

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1

(2)  A local library established or maintained under this

2

chapter.

3

(3)  The library of a university, college or educational

4

institution chartered by the Commonwealth.

5

(4)  The library of a public school.

6

(5)  A library established and maintained under a law of

7

this Commonwealth.

8

(6)  A branch reading room, deposit station or agency

9

operated in connection with a library described in this

10

section.

11

SUBPART B

12

(RESERVED)

13

Section 2.  The addition of 24 Pa.C.S. Ch. 93 is a

14

continuation of the act of June 14, 1961 (P.L.324, No.188),

15

known as The Library Code. The following apply:

16

(1)  Activities initiated under The Library Code shall

17

continue and remain in full force and effect and may be

18

completed under 24 Pa.C.S. Ch. 93.

19

(2)  A resolution, order, regulation, rule or decision

20

made under The Library Code and in effect on the effective

21

date of this section shall remain in full force and effect

22

until revoked, vacated or modified under 24 Pa.C.S. Ch. 93.

23

(3)  A contract, obligation or agreement entered into

24

under The Library Code shall not be affected or impaired by

25

the repeal of The Library Code.

26

(4)  Except where specifically commented upon, any

27

difference in language between 24 Pa.C.S. Ch. 93 and The

28

Library Code is intended only to conform to the style of the

29

Pennsylvania Consolidated Statutes and is not intended to

30

change or affect the legislative intent, judicial

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1

construction or administration and implementation of The

2

Library Code.

3

(5)  The provisions of 24 Pa.C.S. § 9312 that relate to

4

the composition of the advisory council and require a

5

different composition from that required under The Library

6

Code are not intended to affect the existing membership of

7

the advisory council. As the terms of the existing advisory

8

council members expire, the following shall apply:

9

(i)  The appointment of new members shall conform

10

with the requirements of 24 Pa.C.S. § 9312.

11

(ii)  Until the distribution of membership under 24

12

Pa.C.S. § 9312 has been met, if a vacancy occurs in the

13

membership of the advisory council after the effective

14

date of this section and the vacated position was held by

15

a layperson, the position shall be filled by a

16

professional librarian until the distribution of

17

membership under 24 Pa.C.S. § 9312 has been met.

18

Section 3.  Repeals are as follows:

19

(1)  The General Assembly declares that the repeals under

20

paragraph (2) are necessary to effectuate the addition of 24

21

Pa.C.S. Ch. 93.

22

(2)  The following are repealed:

23

(i)  The act of June 14, 1961 (P.L.324, No.188),

24

known as The Library Code.

25

(ii)  Sections 2316 and 2317 of the act of March 10,

26

1949 (P.L.30, No.14), known as the Public School Code of

27

1949.

28

(iii)  Sections 1722-J(14) and 1722-L(a)(12) of the 

29

act of April 9, 1929 (P.L.343, No.176), known as The

30

Fiscal Code.

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1

Section 4.  This act shall take effect in 180 days 

<--

2

immediately.

<--

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