PRIOR PRINTER'S NOS. 1506, 2043, 2128

PRINTER'S NO.  2159

  

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

  

  

AMENDED ON THIRD CONSIDERATION, MAY 7, 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

17

CHAPTER 93

 


1

PUBLIC LIBRARY CODE

2

Subchapter

3

A.  General Provisions

4

B.  Public Library System

5

C.  State Aid to Libraries

6

D.  Municipal Support for Libraries

7

E.  Miscellaneous Provisions

8

SUBCHAPTER A

9

GENERAL PROVISIONS

10

Sec.

11

9301.  Scope of chapter.

12

9302.  Definitions.

13

§ 9301.  Scope of chapter.

14

This chapter relates to public libraries.

15

§ 9302.  Definitions.

16

The following words and phrases when used in this chapter

17

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

18

context clearly indicates otherwise:

19

"Advisory council."  The Advisory Council on Library

20

Development established in section 9312 (relating to advisory

21

council).

22

"Basic standards."  Standards promulgated by the State

23

Librarian and approved by the advisory council which are

24

essential and must be achieved by:

25

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

26

sections 9334 (relating to quality libraries aid) and 9336

27

(relating to equal distribution grants).

28

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

29

State aid under section 9336.

30

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

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1

library which derives income from the commissioners of the

2

county for the express purpose of making its resources and

3

services available without charge to all county residents and

4

bringing direct library service to those residents not served by

5

other local libraries located within the same county. For the

6

purposes of this chapter, a local library operating a distinct

7

county library division shall be considered as two agencies, a

8

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

9

"Department."  The Department of Education of the

10

Commonwealth.

11

"Direct service area."  The municipality to which the

12

governing body of a library is responsible for extending all its

13

library services without charge.

14

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

15

library for the establishment, operation and maintenance of

16

library services which:

17

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

18

other local sources, as may be provided under rules and

19

regulations adopted by the advisory council.

20

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

21

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

22

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

23

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

24

the municipalities for which aid is claimed or in the direct

25

service area of a local library, whichever is applicable.

26

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

27

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

28

taxable property, as determined by the State Tax Equalization

29

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

30

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

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1

"Internet."  The international nonproprietary computer

2

network of both Federal and non-Federal interoperable packet-

3

switched data networks.

4

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

5

federation of at least two local libraries which:

6

(1)  Serves at least 25,000 people.

7

(2)  Has voluntarily agreed to participate in the

8

federation.

9

(3)  Has delegated the policymaking functions to a system

10

board of directors.

11

"Local government support."  Support from a municipality

12

within a direct service area for the normal, recurring operating

13

costs of a library or a library system serving that direct

14

service area from appropriations, general purpose taxes, special

15

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

16

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

17

employment program costs.

18

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

19

whether established and maintained by a municipality or by a

20

private association, corporation or group, which serves the

21

informational, educational and recreational needs of all the

22

residents of the area for which its governing body is

23

responsible, by providing free access to:

24

(1)  An organized and currently useful collection of

25

printed items and other materials, including free lending and

26

reference services.

27

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

28

provide for these needs.

29

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

30

district of the second, third or fourth class.

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1

"Minimum standards."  Standards promulgated by the State

2

Librarian and approved by the advisory council which must be

3

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

4

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

5

"Municipal officers."  Any of the following:

6

(1)  The mayor and council of a city.

7

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

8

(3)  The commissioners or supervisors of a township.

9

(4)  The commissioners of a county.

10

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

11

of the second, third or fourth class.

12

"Municipality."  Any county or locality which establishes or

13

maintains a local library.

14

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

15

service area of the local library or library system determined

16

on the basis of the most recent official United States Census

17

report for purposes of calculating payment under sections 9334

18

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

19

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

20

aid) and 9340 (relating to equalization aid).

21

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

22

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

23

service area of the local library.

24

SUBCHAPTER B

25

PUBLIC LIBRARY SYSTEM

26

Sec.

27

9311.  State Library and State Librarian.

28

9312.  Advisory council.

29

9313.  Statewide library resource centers.

30

9314.  District library centers.

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1

9315.  Development of local libraries.

2

9316.  Acquisition of real property for library purposes.

3

9317.  County libraries and library taxes.

4

9318.  Local library governance.

5

9319.  Certification of library personnel.

6

9320.  Collaborative ventures.

7

§ 9311.  State Library and State Librarian.

8

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

9

appoint a suitably qualified State Librarian to exercise the

10

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

11

serve as Deputy Secretary for Libraries.

12

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

13

power and duty to:

14

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

15

Library as an agency providing information and fostering

16

continuing education in the State education program.

17

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

18

(3)  Maintain a definitive, organized collection of all

19

Commonwealth publications in the State Library, receive

20

copies of all publications of all agencies of the

21

Commonwealth and provide for the distribution of those

22

publications to other libraries.

23

(4)  Designate selected academic or local libraries

24

within this Commonwealth as State government document

25

depository libraries under criteria and regulations approved

26

by:

27

(i)  The advisory council.

28

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

29

of documents published under the act of July 31, 1968

30

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

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1

Documents Law.

2

(5)  Coordinate a Statewide system of local libraries.

3

(6)  Establish service standards for local libraries

4

applying for aid under sections 9334 (relating to quality

5

libraries aid) and 9335 (relating to incentive for excellence

6

aid), which standards shall recognize and encourage the use

7

and development of current and emerging technologies and

8

concern the following:

9

(i)  Minimum standards for number and quality of

10

library staff.

11

(ii)  Resources of books and other materials.

12

(iii)  Hours of operation.

13

(iv)  Continuing professional development.

14

(v)  Collections expenditures.

15

(vi)  Physical facilities.

16

(vii)  Accessibility, including physical and

17

electronic access to library materials.

18

(7)  Advise local libraries, district library centers,

19

Statewide library resource centers, municipalities and groups

20

regarding:

21

(i)  The selection of books, cataloging and other

22

details of library management.

23

(ii)  The location of new local libraries.

24

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

25

(iv)  The best means of establishing and

26

administering a library.

27

(8)  Inspect local libraries, district library centers

28

and Statewide library resource centers and require reports in

29

any manner that the State Librarian deems proper.

30

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

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1

periodicals, newspapers, maps, slides, films and other

2

library materials for the use of State and local governments,

3

libraries and the public generally.

4

(10)  Make available all library materials of the State

5

Library for circulation to local libraries and the public

6

generally under rules and regulations promulgated by the

7

State Librarian.

8

(11)  Promote and demonstrate library services throughout

9

this Commonwealth.

10

(12)  Collect, preserve and publish library statistics.

11

(13)  Study library problems throughout this Commonwealth

12

and make the resultant findings available to all libraries

13

within the State that request the findings.

14

(14)  Conduct and arrange training programs for and

15

certify library personnel.

16

(15)  Whenever necessary, for the purpose of

17

administering the library laws of this Commonwealth, act as

18

arbiter in defining the direct service area of any library.

19

(16)  Receive funds allocated to the Commonwealth for

20

library purposes by the Federal Government or private

21

agencies and administer those funds in library maintenance,

22

improvement or extension programs consistent with Federal and

23

State library objectives.

24

(17)  Promote and support cooperation among the various

25

types of libraries in Pennsylvania for the purpose of

26

increasing the services and resources available through

27

libraries.

28

(18)  Subject to approval by the advisory council,

29

promulgate rules and regulations for the purpose of carrying

30

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

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1

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

2

restrict the circulation of library materials from the State

3

Library that are rare or used intensively in the State Library

4

for reference or other purposes.

5

§ 9312.  Advisory council.

6

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

7

is established and administered by the department.

8

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

9

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

10

(1)  Three trustees of local libraries.

11

(2)  Six professional librarians.

12

(3)  Three laypeople.

13

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

14

State Librarian shall be ex officio members of the advisory

15

council.

16

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

17

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

18

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

19

been appointed and qualified.

20

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

21

actual expenses incurred in the performance of his duties, each

22

member of the advisory council shall serve without compensation.

23

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

24

the advisory council as chairperson.

25

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

26

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

27

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

28

following powers and duties:

29

(1)  Advise the Governor and the Secretary of Education

30

regarding the appointment of the State Librarian.

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1

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

2

Secretary of Education and the State Librarian regarding the

3

general policies and operations of the State Library and the

4

State system of aid to libraries.

5

(3)  Constitute a board of appeal regarding disputes

6

arising from decisions of the State Librarian which affect

7

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

8

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

9

members of the advisory council shall not have voting rights,

10

and a majority of the members of the advisory council shall

11

determine the outcome of the appeal.

12

(4)  Aid in increasing public understanding of and

13

formulating plans for furthering the purposes of this

14

chapter.

15

(5)  Promulgate rules and regulations for the approval of

16

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

17

procedure to appeal funding and eligibility decisions.

18

(6)  Approve or disapprove library district service areas

19

which are recommended by the State Librarian.

20

§ 9313.  Statewide library resource centers.

21

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

22

Statewide library resource centers to be located at the

23

following places:

24

(1)  Free Library of Philadelphia.

25

(2)  Pennsylvania State Library.

26

(3)  Pennsylvania State University Library.

27

(4)  Carnegie Library of Pittsburgh.

28

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

29

shall:

30

(1)  Have the responsibility and power to acquire major

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1

research collections.

2

(2)  Make research collections available to the residents

3

of this Commonwealth on a Statewide basis under rules and

4

regulations promulgated by a board consisting of the head

5

librarians of all Statewide library resource centers and

6

under the chairmanship of the State Librarian.

7

§ 9314.  District library centers.

8

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

9

the State Librarian shall designate up to 30 libraries

10

throughout this Commonwealth as district library centers which

11

may include:

12

(1)  any local library;

13

(2)  any State college library;

14

(3)  the Pennsylvania State University Library; or

15

(4)  any privately supported college or university

16

library which agrees to serve as a district library center.

17

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

18

(1)  Coordinate the services of local libraries within

19

the district library center system by contracting with a

20

municipality or board of trustees or managers of a local

21

library to become part of the system.

22

(2)  Provide direct library service without charge to all

23

residents of the district.

24

(3)  Provide supplementary library services to all local

25

libraries within the district.

26

(4)  Exchange or provide services with other district

27

library centers or contract for the provision of library

28

services with other district library centers.

29

§ 9315.  Development of local libraries.

30

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

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1

a municipality shall determine at a special election whether to

2

establish an annual special library tax on all taxable property

3

of the municipality for the establishment of, maintenance of and

4

aid to a local library under the following procedures:

5

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

6

a municipality may submit to the qualified voters the

7

question of the library tax at any time.

8

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

9

who voted in the last preceding general or municipal

10

election, the municipal officers of a municipality shall

11

submit to the qualified voters the question of the library

12

tax.

13

(3)  A special election under this subsection shall be

14

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

15

election that occurs not less than 60 days from:

16

(i)  the date of the decision of the municipal

17

officers to submit the question of the library tax; or

18

(ii)  the date of submission of the petition under

19

paragraph (2).

20

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

21

library tax, at the first meeting following the official

22

announcement of the results of the election, the municipal

23

officers shall:

24

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

25

tax.

26

(ii)  Appoint a board of library directors to have

27

exclusive control of the library and library tax revenue

28

as provided in section 9318 (relating to local library

29

governance).

30

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

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1

apply:

2

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

3

established under this section shall be an annual tax which

4

shall remain in effect until another vote is taken to change

5

it.

6

(2)  The municipal officers of the municipality that have

7

approved the library tax may increase the rate without

8

submitting the question to the voters.

9

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

10

and collected in the same manner as other taxes in the

11

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

12

the municipality incorporates the library tax in the general

13

levy.

14

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

15

for any purpose other than the establishment of, maintenance of

16

and aid to a local library.

17

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

18

apply:

19

(1)  A municipality may contract with the managers or

20

owners of an existing local library for public library

21

service to the residents of the municipality, whether the

22

library is located in the same or another municipality. The

23

contract may be renewed as permitted by the terms of the

24

contract.

25

(2)  The municipal officers of a municipality may make

26

appropriations from current municipal revenue or moneys

27

raised by the library tax to pay the contractual obligations

28

under paragraph (1).

29

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

30

the tax shall be used for the establishment of, maintenance

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1

of and aid to the local library with which the municipal

2

officers have entered into contract.

3

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

4

following shall apply:

5

(1)  No new library may be established under the

6

provisions of this chapter in any municipality where there is

7

a local library which:

8

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

9

municipality; and

10

(ii)  meets the minimum standards recommended by the

11

State Librarian as conditions for participation in State

12

aid.

13

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

14

given to an existing local library meeting the provisions of

15

paragraph (1).

16

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

17

libraries receive State aid from the same municipality and were

18

established on or before July 20, 1917, any appropriation

19

authorized by this chapter shall be divided between those

20

libraries according to the terms of any agreement previously

21

entered into between those libraries and approved by the State

22

Librarian.

23

§ 9316.  Acquisition of real property for library purposes.

24

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

25

acquire lands and buildings for local library purposes by the:

26

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

27

buildings or parts of buildings already owned by the

28

municipality;

29

(2)  erection of buildings; or

30

(3)  alteration of existing buildings to make them

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1

suitable for local library purposes.

2

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

3

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

4

as other buildings are acquired for use for municipal purposes.

5

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

6

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

7

any funds accumulated in excess of the necessary costs of

8

establishing, maintaining or aiding the library to the municipal

9

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

10

purposes provided in subsection (a).

11

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

12

ordinance or resolution purchase, enter upon and appropriate

13

private property within its limits for the purpose of erecting

14

or enlarging public library buildings.

15

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

16

appoint a board of viewers for the assessment of damages caused

17

by the taking of private property for public library purposes

18

if:

19

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

20

interested person; and

21

(2)  the municipality and the owners of the private

22

property cannot agree on the compensation to be paid for the

23

property.

24

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

25

of viewers for the allowance of damages for property taken,

26

injured or destroyed and the proceedings upon its report shall

27

be as provided in other cases where such municipality

28

appropriates private property for municipal purposes.

29

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

30

shall determine at a special election whether to execute a

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1

bonded indebtedness for purchasing grounds and erecting

2

buildings for library purposes under the following procedures:

3

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

4

a municipality, the municipal officers of a municipality

5

shall submit to the qualified voters the question of

6

execution of a bonded indebtedness.

7

(2)  A special election under this subsection shall be

8

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

9

election.

10

§ 9317.  County libraries and library taxes.

11

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

12

locality maintains a library that is not part of the direct

13

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

14

established or maintained and no county library tax may be

15

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

16

municipal officers of that locality or the board of trustees or

17

managers of any endowed or association library in that locality

18

that was not established under this chapter or any of its

19

predecessors have:

20

(1)  signified the intent by ordinance or resolution to

21

become part of the direct service area of the county library

22

and merge any existing library in the locality with the

23

county library; or

24

(2)  contracted with the county commissioners as to the

25

terms and conditions under which the existing library will

26

become a part of the direct service area of the county

27

library.

28

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

29

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

30

any endowed library or association library in that locality that

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1

was not established under this chapter or its predecessors shall

2

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

3

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

4

in accordance with the terms of a written agreement between the

5

county commissioners and the municipal officers or board of

6

trustees or managers of the library that is supported by the

7

locality. Title to the books and other property may be

8

transferred to the county library.

9

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

10

county library is established and a locality has not joined in

11

its establishment, the locality may join the direct service area

12

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

13

trustees or managers of that library enter into an agreement

14

with the county board of library directors to merge its

15

facilities with the county library.

16

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

17

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

18

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

19

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

20

elected to join the direct service area of the county

21

library.

22

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

23

locality has established and maintained a separate local library

24

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

25

voters of the locality shall determine at a special election

26

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

27

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

28

establishment of, maintenance of and aid to the county library

29

under the following procedures:

30

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

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1

voting in the last preceding general or municipal election in

2

the locality, the officers of the locality shall submit the

3

question to the qualified voters.

4

(2)  A special election under this subsection shall be

5

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

6

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

7

the submission of the petition.

8

(3)  A special election under this subsection shall be

9

held no more than once in five years.

10

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

11

of the locality from the direct service area of the county

12

library and the imposition of the county library tax, the

13

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

14

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

15

and payment of any county library tax.

16

§ 9318.  Local library governance.

17

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

18

(1)  A local library established under this chapter or

19

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

20

Library Code, shall be governed exclusively by a board of

21

library directors as follows:

22

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

23

board shall be composed of not fewer than five nor more

24

than seven members.

25

(ii)  If two or more municipalities contribute to the

26

establishment of, maintenance of and aid to a local

27

library, the municipalities may appoint a maximum of nine

28

members to serve on the board as they mutually agree.

29

(2)  The municipal officers of a municipality shall

30

appoint a majority of the members of the local library board

- 18 -

 


1

if the municipality maintains or aids a local library that is

2

established:

3

(i)  after June 14, 1961; and

4

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

5

any manner other than under section 9351 (relating to

6

financial support for libraries authorized) or 9352

7

(relating to popular subscription).

8

(3)  The municipal officers of a municipality shall not

9

appoint more than two members of the local library board if

10

the municipality maintains or aids a local library that was

11

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

12

testamentary provision or by any association, corporation or

13

group.

14

(b)  Appointment; terms of office.--

15

(1)  The municipal officers of the municipality in which

16

the local library is established shall appoint any members of

17

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

18

authorized to appoint in subsection (a).

19

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

20

years or until a successor is appointed.

21

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

22

unexpired term.

23

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

24

salary for service as a director.

25

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

26

secretary and treasurer from its membership and any other

27

officers and agents that the board deems necessary.

28

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

29

an amount to be determined by the board to provide satisfactory

30

surety to the municipality.

- 19 -

 


1

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

2

establishment or maintenance of a local library and all moneys,

3

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

4

shall be under the exclusive control of and disbursed under the

5

direction of the board.

6

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

7

board of directors of another library to establish a cooperative

8

plan for improving library services.

9

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

10

(1)  The board and any library receiving municipal

11

appropriations shall make an annual report to the proper

12

municipal authorities of:

13

(i)  Any moneys received by the library from the

14

municipality.

15

(ii)  Any disbursements of moneys received by the

16

library from the municipality.

17

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

18

which shall be audited in the same manner as other

19

municipal expenditures.

20

(2)  The annual report shall include:

21

(i)  An itemized statement of all receipts from all

22

sources.

23

(ii)  All expenditures.

24

(iii)  A description of the condition of the library

25

and any branches.

26

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

27

and other materials of the library, including:

28

(A)  The total number of materials in the

29

library's possession.

30

(B)  The number of materials added by purchase,

- 20 -

 


1

gift or otherwise.

2

(C)  The number of materials lost or withdrawn.

3

(v)  The number of registered borrowers and readers.

4

(vi)  A statement of the circulation of materials.

5

(vii)  Any other information and suggestions as the

6

board desires.

7

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

8

State Library.

9

§ 9319.  Certification of library personnel.

10

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

11

certify library personnel according to the following categories

12

and with the following qualifications:

13

(1)  Library assistants shall have two years of college

14

education in addition to in-service library training.

15

(2)  Provisional librarians shall have a college degree

16

and introductory education in library service.

17

(3)  Professional librarians shall have a college degree

18

in addition to one or more academic years of professional

19

library education.

20

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

21

promulgate rules and regulations providing for the certification

22

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

23

on actual library experience as equivalent to the minimum

24

educational requirements under subsection (a).

25

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

26

promulgate rules and regulations relating to continuing

27

education requirements for library assistants, provisional

28

librarians and professional librarians.

29

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

30

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

- 21 -

 


1

need special library training.

2

§ 9320.  Collaborative ventures.

3

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

4

shall provide financial support for the development and

5

maintenance of cooperative programs from funds appropriated to

6

the State Library for the purpose of:

7

(1)  Supporting interlibrary cooperative programs.

8

(2)  Promoting cooperation among various types of

9

libraries.

10

(3)  Preserving the existing financial support of any

11

single type of library.

12

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

13

apply:

14

(1)  Two or more municipalities may unite in establishing

15

and maintaining a local library under the terms of an

16

agreement entered into between them.

17

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

18

forth:

19

(i)  The purpose of the agreement.

20

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

21

library.

22

(iii)  The conditions under which the agreement may

23

be altered or terminated.

24

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

25

(i)  Accepted by a majority vote of the municipal

26

officers of each municipality that is a party to the

27

agreement.

28

(ii)  Signed by the proper officer of each

29

municipality that is a party to the agreement.

30

SUBCHAPTER C

- 22 -

 


1

STATE AID TO LIBRARIES

2

Sec.

3

9331.  Qualification in general.

4

9332.  Waiver of standards.

5

9333.  State system of aid to libraries.

6

9334.  Quality libraries aid.

7

9335.  Incentive for excellence aid.

8

9336.  Equal distribution grants.

9

9337.  County coordination aid.

10

9338.  District library center aid.

11

9339.  Statewide library resource center aid.

12

9340.  Equalization aid.

13

9341.  Transfer of funds among allocations.

14

9342.  Special rules for specific fiscal years.

15

9343.  Basic aid to local libraries.

16

9344.  Incentive aid to local libraries.

17

§ 9331.  Qualification in general.

18

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

19

standards under this chapter and regulations promulgated under

20

this chapter regarding hours of operation, staffing, continuing

21

professional development, collections expenditures and any other

22

standards related to library operations.

23

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

24

(1)  Any local library desiring to receive State aid

25

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

26

funds to the State Librarian.

27

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

28

by the State Librarian in accordance with rules and

29

regulations approved by the advisory council.

30

(3)  Subsequent changes and modifications in a library

- 23 -

 


1

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

2

Librarian.

3

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

4

State aid under this chapter, as determined by the State

5

Librarian, if the local library:

6

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

7

chapter and regulations promulgated under this chapter

8

regarding hours of operation, staffing, continuing

9

professional development, collections, expenditures and any

10

other standards related to library operations; and

11

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

12

(d)  Participation in district library center cooperative

13

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

14

library until the library participates in the district library

15

center cooperative program through either of the following

16

procedures:

17

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

18

participate in the district library center cooperative

19

program, including attendance at district meetings and the

20

use of interlibrary loans and interlibrary references.

21

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

22

participate in the district library center cooperative

23

program:

24

(i)  A petition regarding participation is circulated

25

within the direct service area of the library and signed

26

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

27

the last preceding general or municipal election.

28

(ii)  The petition is presented to the municipal

29

officers who shall forward the petition to the County

30

Board of Elections.

- 24 -

 


1

(iii)  After determining that the petition contains a

2

sufficient number of signatures, the County Board of

3

Elections places the question of participation in the

4

district library center cooperative program on the ballot

5

in the municipalities comprising the direct service area

6

from which the petition was submitted.

7

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

8

in the affirmative.

9

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

10

access to the Internet or an online service shall adopt a policy

11

regarding access by minors to Internet and online sites that

12

contain or make reference to explicit sexual materials as

13

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

14

sexual materials and performances).

15

§ 9332.  Waiver of standards.

16

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

17

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

18

immediately preceding fiscal year, upon application by the board

19

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

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)  Board of directors resolution.--The following shall

25

apply:

26

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

27

a resolution at a regularly scheduled meeting of the board to

28

apply for a waiver of any standards as provided in subsection

29

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

30

the library's operating budget.

- 25 -

 


1

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

2

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

3

department shall approve the policies or procedures.

4

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

5

waiver shall:

6

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

7

Librarian.

8

(2)  Specify the need for the waiver.

9

(3)  Provide supporting data and information to explain

10

the benefits to be obtained by the waiver.

11

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

12

have 30 days from receipt of an application submitted under this

13

section to approve, disapprove or request modifications to the

14

application.

15

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

16

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

17

shall be deemed approved.

18

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

19

disapproves the application for waiver, he shall transmit the

20

basis for disapproval to the board of directors of the local

21

library.

22

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

23

library may submit a revised application for waiver to the State

24

Librarian.

25

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

26

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

27

approved waiver application, the approval shall detail the

28

extent to which each affected standard, policy or procedure may

29

be revised by the board of directors.

30

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

- 26 -

 


1

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

2

§ 9333.  State system of aid to libraries.

3

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

4

support and maintenance of local libraries, county libraries,

5

library systems, district library centers and Statewide library

6

resource centers is established.

7

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

8

Subject to the standards and eligibility requirements under this

9

chapter, the following categories of aid are available to any

10

local library or library system:

11

(1)  Quality libraries aid under section 9334 (relating

12

to quality libraries aid).

13

(2)  Incentive for excellence aid under section 9335

14

(relating to incentive for excellence aid).

15

(3)  Equal distribution grants under section 9336

16

(relating to equal distribution grants).

17

(4)  Equalization aid under section 9340 (relating to

18

equalization aid).

19

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

20

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

21

library system may receive county coordination aid.

22

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

23

library resource center shall receive state aid subject to:

24

(1)  Section 9338 (relating to district library center

25

aid).

26

(2)  Section 9339 (relating to Statewide library resource

27

center aid).

28

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

29

in section 9342 (relating to special rules for specific fiscal

30

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

- 27 -

 


1

system of State aid established by this chapter shall be

2

allocated as follows:

3

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

4

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

5

be allocated first for equalization aid.

6

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

7

appropriation and the entire appropriation in fiscal years in

8

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

9

follows:

10

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

11

capita for each person residing in the direct service

12

areas of the libraries or library systems which qualify

13

for quality libraries aid shall be allocated as quality

14

libraries aid.

15

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

16

capita for each person residing in the direct service

17

areas of the libraries or library systems which qualify

18

for incentive for excellence aid shall be allocated as

19

incentive for excellence aid.

20

(iii)  Five percent shall be allocated for equal

21

distribution grants.

22

(iv)  Ten percent shall be allocated for county

23

coordination aid.

24

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

25

for each person residing in the direct service areas of

26

the libraries or library systems which are served by a

27

district library center shall be allocated for district

28

library center aid.

29

(vi)  Five percent shall be allocated for Statewide

30

library resource center aid.

- 28 -

 


1

§ 9334.  Quality libraries aid.

2

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

3

quality libraries aid, a local library or library system shall

4

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

5

residing in the municipalities that will be part of the direct

6

service area in which the library is applying for aid.

7

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

8

local library or library system which applies for State aid on

9

behalf of an economically distressed municipality, as defined in

10

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

11

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

12

municipality.

13

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

14

library or library system shall meet the following basic

15

standards:

16

(1)  The local library or library system shall

17

participate in the Access Pennsylvania Statewide Library Card

18

Program, as provided by rules and regulations promulgated

19

under this chapter.

20

(2)  The local library or library system shall lend

21

materials free of charge on a reciprocal basis to all types

22

of libraries in this Commonwealth.

23

(3)  The local library or library system shall provide

24

interlibrary loans free of charge to residents of the

25

library's direct service area.

26

(4)  Unless the State Librarian promulgates rules and

27

regulations after the effective date of this section that

28

require different hours of operation, the local library or

29

library system shall be open for service for the following

30

minimum number of hours:

- 29 -

 


1

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

2

best suited to the needs of residents of its service

3

area, including at least six hours during the weekend

4

period beginning on Saturday and ending on Sunday.

5

(ii)  Weekend hours may be reduced to four hours

6

during time periods as community-use patterns warrant,

7

for a maximum of ten weeks per year.

8

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

9

system shall annually attend at least eight hours of

10

continuing education programs approved by the Office of

11

Commonwealth Libraries.

12

(6)  The local library or library system shall

13

participate in the county library plan for the coordination

14

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

15

the local library or library system shall participate in the

16

development of a coordinated county services plan with the

17

district library center serving the municipalities in which

18

the local library or library system is located. The State

19

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

20

participation in certain provisions of the plan.

21

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

22

allocated to qualifying local libraries and library systems on a

23

per capita basis in the following manner:

24

(1)  The annual allocation of funds available for quality

25

libraries aid shall be divided by the total population on

26

which all libraries and library systems qualify for State aid

27

to yield a per capita amount of quality libraries aid.

28

(2)  The per capita amount of quality libraries aid

29

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

30

population residing within the municipalities served by a

- 30 -

 


1

library or library system which qualifies for aid.

2

§ 9335.  Incentive for excellence aid.

3

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

4

incentive for excellence aid, a local library or library system

5

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

6

each person residing in the municipalities that will be part of

7

the direct service area in which the library is applying for

8

aid.

9

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

10

library or library system shall meet the following minimum

11

standards:

12

(1)  The local library or library system shall qualify

13

for quality libraries aid under section 9334 (relating to

14

quality libraries aid).

15

(2)  The local library or library system shall annually

16

spend not less than 12% of its operating budget on

17

collections, excluding costs of an unusual, emergency or

18

nonrecurring nature. A local library or library system that

19

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

20

incentive for excellence aid shall increase the total amount

21

spent on collections each succeeding year by the lesser of:

22

(i)  five percent of its operating budget; or

23

(ii)  the percentage increase in the appropriation

24

for improvement of library services.

25

(3)  Unless the State Librarian promulgates rules and

26

regulations after the effective date of this section that

27

require different hours of operation, the local library or a

28

member library within a library system shall be open for full

29

services for the following minimum number of hours:

30

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

- 31 -

 


1

best suited to the needs of residents of its service

2

area, including at least seven hours during the weekend

3

period beginning on Saturday and ending on Sunday.

4

(ii)  Weekend hours may be reduced to four hours

5

during time periods as community-use patterns warrant,

6

for a maximum of ten weeks per year.

7

(iii)  A local library or member library within a

8

library system may reduce total weekly hours by three

9

hours per week during the ten-week period of reduced

10

Saturday and Sunday hours if approved by the State

11

Librarian.

12

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

13

system shall require at least six hours of continuing

14

education every two years for paid staff working at least 20

15

hours per week in direct support of the library service.

16

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

17

available for incentive for excellence aid shall be allocated

18

proportionately to qualifying local libraries or library systems

19

as follows:

20

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

21

capita or portion thereof of surplus financial effort that a

22

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

23

does not exceed 150%, of the minimum financial effort

24

required to receive quality libraries aid.

25

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

26

capita or portion thereof of surplus financial effort that a

27

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

28

does not exceed 300%, of the minimum financial effort

29

required to receive quality libraries aid. Eligibility for

30

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

- 32 -

 


1

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

2

(1)  Unless the State Librarian accepts evidence of

3

substantial curtailment of financial ability of the

4

community, a local library or library system may not use

5

incentive for excellence aid to reduce its financial effort

6

for normal and recurring operating costs.

7

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

8

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

9

the plan projects a decrease in local government support for

10

normal and recurring operating costs from a previous level

11

unless the State Librarian determines that the decrease is:

12

(i)  directly attributable to a gift or endowment to

13

a local library; or

14

(ii)  there is a substantial decrease in the

15

financial ability of the municipality on behalf of which

16

the library or library system applied for aid.

17

§ 9336.  Equal distribution grants.

18

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

19

for equal distribution grants:

20

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

21

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

22

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

23

population of the designated direct service area of the

24

entire district library center.

25

(2)  Any local libraries and library systems that meet

26

the eligibility requirements for quality libraries aid under

27

section 9334 (relating to quality libraries aid).

28

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

29

have been paid the total amounts for which they qualify under

30

section 9337 (relating to county coordination aid) for the

- 33 -

 


1

fiscal year, any funds remaining from the allocation for county

2

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

3

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

4

of the allocation for equal distribution grants.

5

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

6

(1)  Each eligible district library center shall receive

7

5¢ per capita for each person residing in the entire

8

district.

9

(2)  The balance of the funds available for equal

10

distribution grants shall be divided equally among local

11

libraries and library systems as determined in subsection

12

(d).

13

(d)  Calculation of grants to local libraries and library

14

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

15

distribution grants determined as follows:

16

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

17

by the number of local libraries, branch libraries and

18

bookmobiles in this Commonwealth which achieve or exceed the

19

applicable basic standards.

20

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

21

each qualifying member local library, branch library and

22

bookmobile.

23

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

24

the central library and each qualifying branch library and

25

bookmobile.

26

§ 9337.  County coordination aid.

27

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

28

or library system in a county of the second through eighth

29

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

30

amount appropriated by the county government from county moneys

- 34 -

 


1

and shall be determined as follows:

2

Class of County

Percentage Match

3

2

5%

4

2A and 3

30%

5

4

50%

6

5

50%

7

6

100%

8

7

100%

9

8

100%

10

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

11

the county government to the county library or library system

12

may consist of funds from:

13

(1)  the county general fund;

14

(2)  a special library tax;

15

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

16

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

17

Class County Code, for the support and maintenance of the

18

county library; or

19

(4)  other sources.

20

(c)  Payments to county libraries or library systems in

21

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

22

shall apply:

23

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

24

the second through eighth class shall be paid the greater of

25

either:

26

(i)  an amount equal to the percentage match in

27

subsection (a) multiplied by the level of county support

28

paid; or

29

(ii)  an amount equal to the amount paid under

30

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

- 35 -

 


1

specific fiscal years) provided that:

2

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

3

10% above the amount of county coordination aid

4

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

5

(B)  the level of county support paid is

6

maintained.

7

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

8

previous fiscal year, then the amount paid under this

9

subsection shall be an amount equal to the percentage match

10

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

11

level of county support paid.

12

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

13

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

14

county of the second through seventh class shall be made from

15

the funds remaining after payments have first been made to

16

all county libraries or library systems in counties of the

17

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

18

amount equal to the level of county support as calculated

19

under subsection (c) for each class of county.

20

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

21

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

22

are insufficient to pay the total amount for which each

23

county library and library system in counties of the second

24

through seventh class qualifies, then each shall be paid

25

proportionately from the funds remaining.

26

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

27

expend funds received under this section to implement a

28

countywide cooperative plan to improve and extend service. The

29

plan shall coordinate areas of library service and

30

administration, including library resources and collections,

- 36 -

 


1

technology, personnel, services to children, adults and special

2

populations.

3

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

4

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

5

qualifying county library or library system.

6

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

7

moneys received under this section shall be made annually to the

8

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

9

required by the State Librarian.

10

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

11

systems may apply for additional amounts of State aid under

12

sections 9334 (relating to quality libraries aid), 9335

13

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

14

to equal distribution grants).

15

§ 9338.  District library center aid.

16

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

17

Librarian to serve as a district library center shall qualify

18

for an additional amount of State aid under this section.

19

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

20

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

21

library center shall be determined by multiplying the annual

22

per capita rate set by the department by the number of

23

persons residing in the district.

24

(2)  No district library center shall receive less than

25

$200,000.

26

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

27

following standards to qualify for aid under this section:

28

(1)  A district library center shall implement a program

29

of service to local libraries through an agreement negotiated

30

by representatives from the district library center, local

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1

libraries, library systems and the State Library. The program

2

shall be implemented in accordance with district library

3

center rules and regulations issued by the State Librarian.

4

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

5

library center shall provide leadership, coordination and

6

consultation to local libraries in the following areas:

7

(i)  Continuing education for library staff.

8

(ii)  Library services to youth.

9

(iii)  Library services to special populations,

10

including, but not limited to, individuals with

11

disabilities, homebound individuals, the elderly and

12

individuals who are deficient in basic literacy skills.

13

(iv)  Information technology and library automation.

14

(v)  Orientation and training for boards of directors

15

of local libraries, library systems and district library

16

centers.

17

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

18

library or library system in a county of the second through

19

eighth class, the district library center shall coordinate the

20

countywide plan for services described in section 9337(e)

21

(relating to county coordination aid).

22

§ 9339.  Statewide library resource center aid.

23

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

24

Librarian to serve as a Statewide library resource center shall

25

qualify for additional State aid under this section.

26

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

27

equally among the libraries so designated.

28

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

29

shall disseminate information to Pennsylvanians to augment the

30

collections and services of local libraries and district library

- 38 -

 


1

centers through:

2

(1)  Digitizing Pennsylvania resources from their

3

extensive collections for Statewide accessibility and use via

4

the Internet.

5

(2)  Implementing for use by all Pennsylvanians an online

6

reference service based on the specialized resources and

7

staff expertise of the four Statewide library resource

8

centers.

9

(3)  Enhancing access to specialized online reference

10

databases.

11

(4)  Building major research collections and making them

12

available to all residents of this Commonwealth on a

13

Statewide basis via direct borrowing, interlibrary loan or

14

onsite use.

15

§ 9340.  Equalization aid.

16

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

17

qualify for equalization aid if it:

18

(1)  Achieves or exceeds applicable basic standards.

19

(2)  Maintains or exceeds its financial effort of the

20

preceding year.

21

(3)  Is supported by a municipality that is economically

22

distressed.

23

(b)  Economically distressed municipality.--A municipality

24

shall be deemed economically distressed if it meets any one or

25

more of the following criteria:

26

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

27

market value per capita below the fifth percentile of all

28

such cities, boroughs, towns and townships, as certified

29

annually by the State Tax Equalization Board.

30

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

- 39 -

 


1

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

2

certified annually by the Department of Revenue.

3

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

4

unemployment rate above the 70th percentile of all counties,

5

as determined annually by the Department of Labor and

6

Industry.

7

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

8

for determining market value per capita and personal income per

9

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

10

available data from the Federal Census Bureau for the direct

11

service area of the local library or library system.

12

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

13

library or library system that is supported by an economically

14

distressed municipality fails to maintain or exceed its

15

financial effort of the preceding year, the library may still

16

qualify for equalization aid if the State Librarian accepts

17

evidence that the library or municipality did not attempt to

18

substitute State funds for local effort.

19

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

20

(1)  Twenty percent of the annual allocation for

21

equalization aid shall first be distributed in equal amounts

22

to all local libraries and members of library systems which

23

qualify for equalization aid.

24

(2)  The remainder of the annual allocation shall be

25

distributed on a per capita basis to each local library and

26

library system which qualifies for equalization aid, by

27

dividing the number of persons residing in the direct service

28

area of each such local library or library system by the

29

total number of such persons residing in the direct service

30

areas of all qualifying local libraries or library systems,

- 40 -

 


1

and multiplying the result by the amount of the allocation to

2

be distributed on a per capita basis.

3

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

4

this section, no local library or library system shall receive

5

more than one-third of the total annual appropriation for

6

equalization aid in any year.

7

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

8

Commonwealth's total annual appropriation for the system of

9

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

10

library system shall receive less equalization aid as a result

11

of the provisions of this section than that local library or

12

library system received for equalization aid during the

13

1984-1985 fiscal year.

14

§ 9341.  Transfer of funds among allocations.

15

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

16

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

17

to State system of aid to libraries).

18

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

19

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

20

the amount specifically allocated for any specific type of aid.

21

§ 9342.  Special rules for specific fiscal years.

22

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

23

fiscal year 1999-2000 shall be calculated as follows:

24

(1)  Quality libraries aid shall be allocated from the

25

amount resulting from the addition of the following:

26

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

27

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

28

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

29

fiscal year 1998-1999 from the Commonwealth's annual

30

appropriation for grants to local libraries and library

- 41 -

 


1

systems.

2

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

3

Commonwealth's annual appropriation for grants to local

4

libraries and library systems above the amount

5

appropriated for fiscal year 1998-1999.

6

(2)  Incentive for excellence aid shall be allocated from

7

the amount resulting from the addition of the following:

8

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

9

allocated under section 303.4 of The Library Code for the

10

fiscal year 1998-1999 from the Commonwealth's annual

11

appropriation for grants to local libraries and library

12

systems.

13

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

14

Commonwealth's annual appropriation for grants to local

15

libraries and library systems above the amount

16

appropriated for fiscal year 1998-1999.

17

(3)  County coordination aid shall be allocated from a

18

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

19

county libraries for fiscal year 1998-1999 from the

20

Commonwealth's annual appropriation for grants to local

21

libraries and library systems.

22

(4)  District library center aid shall be allocated from

23

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

24

to district library centers for fiscal year 1998-1999 from

25

the amount allocated from the Commonwealth's annual

26

appropriation for grants to local libraries and library

27

systems.

28

(5)  Statewide library resource center aid shall be

29

allocated from a hold-harmless amount to equal that amount

30

allocated for aid to Statewide library resource centers for

- 42 -

 


1

fiscal year 1998-1999 from the amount allocated from the

2

Commonwealth's annual appropriation for grants to local

3

libraries and library systems.

4

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

5

harmless amount to equal that amount allocated for

6

equalization aid for fiscal year 1998-1999 from the amount

7

allocated from the Commonwealth's annual appropriation for

8

grants to local libraries and library systems.

9

(7)  Equal distribution grants shall be allocated from a

10

hold-harmless amount to equal that amount allocated for equal

11

distribution grants to local libraries and library systems

12

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

13

Commonwealth's annual appropriation for grants to local

14

libraries and library systems.

15

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

16

fiscal year 2000-2001 shall be calculated as follows:

17

(1)  County coordination aid to a county library or

18

library system in counties of the eighth class shall consist

19

of an amount equal to the greater of:

20

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

21

(relating to county coordination aid) multiplied by the

22

level of county support paid.

23

(ii)  Ten percent above the amount paid under section

24

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

25

(2)  County coordination aid to a county library or

26

library system in counties of the second through seventh

27

class shall not be less than ten percent above the amount

28

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

29

fiscal year 1999-2000.

30

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

- 43 -

 


1

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

2

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

3

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

4

library received in fiscal year 2002-2003 divided by

5

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

6

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

7

incentive for excellence aid, county coordination aid,

8

Statewide library resource center aid, equalization aid and

9

equal distribution grants that the library received in fiscal

10

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

11

$41,279,595.

12

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

13

fiscal year 2004-2005 shall be calculated as follows:

14

(1)  Any district library center established during

15

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

16

(2)  Any district library center from whose service area

17

a new district library center was established during fiscal

18

year 2003-2004 shall receive $317,662.

19

(3)  Any district library center not qualifying for

20

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

21

the library received in fiscal year 2003-2004 under

22

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

23

(4)  Any library that received funding in fiscal year

24

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

25

amount in fiscal year 2004-2005.

26

(5)  Any library that receives funding under paragraph

27

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

28

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

29

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

30

the total appropriation available for the improvement of

- 44 -

 


1

library services in fiscal year 2004-2005.

2

(ii)  The amount of funding that the library received

3

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

4

multiplied by the result obtained in subparagraph (i).

5

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

6

be divided by the sum of the amount of funding provided

7

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

8

2003-2004.

9

(6)  The total amount of funding under this subsection

10

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

11

and (5).

12

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

13

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

14

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

15

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

16

fiscal year 2004-2005 under subsection (d).

17

(2)  An aid to local libraries supplement to be

18

calculated as follows:

19

(i)  The amount of funding that the library received

20

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

21

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

22

(ii)  The result obtained under subparagraph (i)

23

shall be divided by the sum of the amount of funding

24

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

25

in fiscal year 2004-2005.

26

(3)  A district center restoration supplement to be

27

calculated as follows:

28

(i)  The total amount of funding that the library

29

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

30

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

- 45 -

 


1

(ii)  The result obtained under subparagraph (i)

2

shall be divided by the sum of the amount of funding

3

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

4

and (3) in fiscal year 2004-2005.

5

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

6

fiscal year 2006-2007 shall be calculated as follows:

7

(1)  A library that received quality libraries aid,

8

incentive for excellence aid, county coordination aid,

9

Statewide library resource center aid, equalization aid and

10

equal distribution grants in fiscal year 2002-2003 shall

11

receive the same amount the library received in fiscal year

12

2002-2003.

13

(2)  A district library center that received district

14

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

15

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

16

except as follows:

17

(i)  A district library center receiving funding

18

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

19

(ii)  A district library center receiving funding

20

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

21

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

22

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

23

library that has become eligible to receive State aid but did

24

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

25

(4)  The total amount of funding under this subsection

26

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

27

(5)  After distribution of funds calculated under

28

paragraph (4), any remaining unallocated funds may be

29

distributed at the discretion of the State Librarian.

30

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

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1

State aid allocation for fiscal year 2006-2007 that complies

2

with the standards under this chapter relating to hours of

3

operation, continuing professional development, collections

4

expenditures and any other standards related to library

5

operations shall be eligible for State aid in fiscal year

6

2007-2008, calculated by adding the following:

7

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

8

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

9

(2)  An equal distribution grant supplement to be

10

provided to each local library, qualifying branch library and

11

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

12

number of all local libraries, branch libraries and

13

bookmobiles.

14

(3)  After distribution of State aid to libraries under

15

this subsection, any remaining unallocated funds may be

16

distributed at the discretion of the State Librarian.

17

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

18

State aid allocation for fiscal year 2007-2008 under subsection

19

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

20

chapter relating to hours of operation, continuing professional

21

development, collections expenditures and any other standards

22

related to library operations shall be eligible for State aid in

23

fiscal year 2008-2009, calculated as follows:

24

(1)  The total amount of funding that the library

25

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

26

be:

27

(i)  divided by the total State aid subsidy for

28

fiscal year 2007-2008; and

29

(ii)  the result obtained in subparagraph (i)

30

multiplied by the total State aid subsidy for fiscal year

- 47 -

 


1

2008-2009.

2

(2)  After distribution of State aid to libraries under

3

paragraph (1), any remaining unallocated funds may be

4

distributed at the discretion of the State Librarian.

5

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

6

fiscal year 2009-2010 shall be calculated as follows:

7

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

8

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

9

be divided by the total State aid subsidy for fiscal year

10

2007-2008.

11

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

12

multiplied by the total State aid subsidy for fiscal year

13

2009-2010.

14

(3)  Following distribution of funds appropriated for

15

State aid to libraries, any remaining funds may be

16

distributed at the discretion of the State Librarian.

17

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

18

fiscal year 2009-2010 are less than funds appropriated in

19

fiscal year 2002-2003, the State Librarian may waive

20

standards as prescribed in section 9332 (relating to waiver

21

of standards).

22

(5)  Each library system receiving State aid under this

23

subsection may distribute the local library share of that aid

24

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

25

library system, except that this paragraph shall not apply to

26

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

27

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

28

fiscal year 2010-2011 shall be calculated as follows:

29

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

30

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

- 48 -

 


1

divided by the total State-aid subsidy for fiscal year

2

2009-2010.

3

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

4

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

5

(3)  Following distribution of funds appropriated for

6

State aid to libraries, any remaining funds may be

7

distributed at the discretion of the State Librarian.

8

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

9

fiscal year 2010-2011 are less than funds appropriated in

10

fiscal year 2002-2003, the State Librarian may waive

11

standards as prescribed under section 9332.

12

(5)  Each library system receiving State aid under this

13

subsection may distribute the local library share of that aid

14

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

15

library system, except that this paragraph shall not apply to

16

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

17

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

18

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

19

as follows:

20

(1)  Funds appropriated for libraries shall be

21

distributed to each library under the following formula:

22

(i)  Divide the amount of funding that the library

23

received in fiscal year 2011-2012 under section 2318 of

24

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

25

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

26

subsidy for fiscal year 2011-2012.

27

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

28

the total State-aid subsidy for 2012-2013.

29

(2)  Following distribution of funds appropriated for

30

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

- 49 -

 


1

funds may be distributed to libraries at the discretion of

2

the State Librarian.

3

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

4

fiscal year 2012-2013 are less than funds appropriated in

5

fiscal year 2002-2003, the State Librarian may waive

6

standards as prescribed under section 9332 (relating to

7

waiver of standards).

8

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

9

this section subsection may distribute the local library

<--

10

share of that aid in a manner as determined by the board

11

of directors of the library system.

12

(ii)  This paragraph shall not apply to a library

<--

13

system operating in a county of the second class In the

<--

14

case of a library system that contains a library

15

operating in a city of the second class, changes to the

16

distribution of State aid to the library shall be made by

17

mutual agreement between the library and the library

18

system.

19

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

20

population prior to the effective date of this section as a

21

result of:

22

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

23

or county moving from one library center to another; or

24

(ii)  a transfer of district library center status to

25

a county library system,

26

funding of district library center aid shall be paid based on

27

the population of the newly established or reconfigured

28

district library center.

29

§ 9343.  Basic aid to local libraries.

30

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

- 50 -

 


1

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

2

total annual appropriation for the system of State aid

3

established under section 9333 (relating to State system of aid

4

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

5

residing in the municipalities of the libraries which qualify

6

for basic aid, shall be allocated as basic aid.

7

(b)  Minimum financial effort.--

8

(1)  Any local library which makes a minimum financial

9

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

10

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

11

person residing in those municipalities, whichever is less

12

and achieves the basic standards, shall qualify for basic

13

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

14

residing in the municipalities.

15

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

16

necessary to pay the minimum rate, the entire allocation

17

shall be distributed at a per capita rate which shall be

18

determined by dividing the allocation by the number of

19

persons in this Commonwealth on behalf of which local

20

libraries and library systems apply and qualify for basic

21

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

22

aid it shall qualify by making a minimum financial effort

23

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

24

residing in the municipalities, whichever is less.

25

(c)  Qualification.--

26

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

27

shall qualify for maximum State aid only when it increases

28

its financial effort by the following scale of percentages of

29

the difference between the financial effort with which the

30

library initially qualified for State-aid and a financial

- 51 -

 


1

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

2

person residing in the municipalities for which it applies

3

for aid, whichever is less:

4

1st succeeding year—20%

5

2nd succeeding year—40%

6

3rd succeeding year—60%

7

4th succeeding year—80%

8

5th succeeding year—100%.

9

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

10

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

11

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

12

the percentage which the difference between the required

13

increase and the actual increase bears to the required

14

increase multiplied by the number of years of participation

15

in State aid beyond the first year.

16

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

17

library shall not be eligible for further State aid unless it

18

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

19

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

20

capita for each person residing in those municipalities,

21

whichever is less.

22

§ 9344.  Incentive aid to local libraries.

23

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

24

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

25

annual appropriation for the system of State aid established

26

under section 9333 (relating to State system of aid to

27

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

28

residing in the direct service areas of the libraries which

29

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

30

(b)  Incentive aid.--

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1

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

2

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

3

capita for each person residing in its direct service area,

4

whichever is less, and fulfills the minimum standards for

5

local libraries or the minimum standards for library systems,

6

whichever is applicable, shall qualify for incentive aid,

7

which shall be in addition to all other amounts of aid

8

provided under this section.

9

(2)  Each qualifying library or library system shall

10

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

11

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

12

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

13

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

14

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

15

forth under this section, there is a balance in the

16

allocation, the balance shall be prorated among the libraries

17

and library systems which qualify for a larger amount of aid

18

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

19

rather than at the rate of 25¢ per capita.

20

SUBCHAPTER D

21

MUNICIPAL SUPPORT FOR LIBRARIES

22

Sec.

23

9351.  Financial support for libraries authorized.

24

9352.  Popular subscription.

25

9353.  Gifts and donations.

26

§ 9351.  Financial support for libraries authorized.

27

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

28

municipal officers of a municipality may establish a local

29

library or aid in the maintenance of a local library established

30

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

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1

residents of the municipality through:

2

(1)  Appropriations out of current revenue of the

3

municipality.

4

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

5

(b)  Special library tax.--

6

(1)  A special library tax may be:

7

(i)  levied on the taxable property of the

8

municipality; or

9

(ii)  levied and collected with the general taxes.

10

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

11

of a municipality which appropriates funds or levies a tax

12

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

13

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

14

a county library.

15

(3)  Imposition of a special library tax shall not

16

prevent a municipality from also making appropriations for

17

library purposes.

18

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

19

the support and maintenance of the local library.

20

§ 9352.  Popular subscription.

21

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

22

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

23

mill tax on taxable property in the municipality by popular

24

subscription.

25

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

26

popular subscription is offered to the municipality for the

27

purpose of establishing a local library, the municipal officers

28

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

29

sole purpose of establishing a local library.

30

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

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1

raised by popular subscription may be subscribed by one

2

individual or organization.

3

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

4

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

5

is collectible by legal process if necessary.

6

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

7

under subsection (a), the municipal officers shall immediately

8

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

9

appointed under section 9318 (relating to local library

10

governance).

11

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

12

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

13

half mills annually on taxable property in the municipality for

14

the purpose of maintaining a library established under the

15

provisions of this section.

16

§ 9353.  Gifts and donations.

17

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

18

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

19

personal property for library purposes.

20

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

21

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

22

library may vest the title to that property in the municipality

23

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

24

be held and controlled by the municipality or corporation

25

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

26

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

27

shall perform its duties under this section in a fiduciary

28

manner.

29

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

30

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

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1

library directors or the corporation shall control and

2

administer the property received under this section.

3

SUBCHAPTER E

4

MISCELLANEOUS PROVISIONS

5

Sec.

6

9371.  Free use of libraries.

7

9372.  Tax exempt status.

8

9373.  Commonwealth publications.

9

9374.  Selection of materials.

10

9375.  Privacy of circulation records.

11

9376.  Damage to library materials.

12

§ 9371.  Free use of libraries.

13

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

14

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

15

residents and taxpayers of the municipality in which it is

16

located.

17

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

18

library privileges to persons not residing in the municipality

19

upon the terms and conditions that the board prescribes.

20

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

21

to reasonable rules and regulations adopted by the board of

22

library directors.

23

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

24

exclude from the use of the library a person who willfully

25

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

26

§ 9372.  Tax exempt status.

27

(a)  Exemption from local taxes.--

28

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

29

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

30

bounty, poor or head taxes:

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1

(i)  A building owned and occupied by a local

2

library.

3

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

4

(iii)  Land that is immediately and necessarily

5

appurtenant to a local library.

6

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

7

building or land yields rental income to the corporation or

8

association managing the library, if the net rental receipts

9

of the corporation or association are used solely to maintain

10

the library.

11

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

12

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

13

from collateral inheritance tax.

14

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

15

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

16

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

17

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

18

maintenance of the library.

19

§ 9373.  Commonwealth publications.

20

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

21

shall designate State document depository libraries to receive

22

Commonwealth publications.

23

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

24

Services shall direct each department, board, commission or

25

agency of the Commonwealth to supply it with copies of each

26

publication remaining after regular distribution according to

27

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

28

Department of General Services shall forward, as soon as

29

practicable, a copy of each publication to those libraries

30

designated by the State Librarian under subsection (a).

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1

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

2

junior college or community college library, university library

3

or historical society library in this Commonwealth shall be

4

eligible to receive free copies of the publications.

5

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

6

publication if its copy is destroyed, damaged or lost.

7

(e)  Documents published under the Commonwealth Documents

8

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

9

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

10

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

11

approval of the advisory council, the State Librarian shall make

12

recommendations from time to time to the Joint Committee on

13

Documents concerning criteria for the distribution to libraries

14

of documents published under the Commonwealth Documents Law.

15

§ 9374.  Selection of materials.

16

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

17

the State Librarian relating to counseling local libraries in

18

the selection of resources of books and other materials

19

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

20

and State Librarian) shall not restrict or limit local libraries

21

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

22

result of counseling.

23

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

24

promulgated under the authority of this chapter shall directly

25

or indirectly prohibit the inclusion in a library's collections

26

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

27

particular author or the expression of a particular point of

28

view.

29

§ 9375.  Privacy of circulation records.

30

Records of the following institutions which relate to the

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1

circulation of library materials and contain the names or other

2

personally identifying information of users of the materials

3

shall be confidential and may not be made available to anyone

4

except by a court order in a criminal proceeding:

5

(1)  The State Library.

6

(2)  A local library established or maintained under the

7

provisions of this chapter.

8

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

9

institution chartered by the Commonwealth.

10

(4)  The library of a public school.

11

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

12

this Commonwealth.

13

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

14

operated in connection with a library described in this

15

section.

16

§ 9376.  Damage to library materials.

17

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

18

mutilates, marks or otherwise injures a book, pamphlet,

19

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

20

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

21

upon conviction, be subject to the same penalties as provided

22

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

23

property after notice to return).

24

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

25

conviction under this section shall be distributed for the use

26

of the library against which the offense was committed.

27

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

28

any of the following institutions:

29

(1)  The State Library.

30

(2)  A local library established or maintained under this

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1

chapter.

2

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

3

institution chartered by the Commonwealth.

4

(4)  The library of a public school.

5

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

6

this Commonwealth.

7

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

8

operated in connection with a library described in this

9

section.

10

SUBPART B

11

(RESERVED)

12

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

13

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

14

known as The Library Code. The following apply:

15

(1)  Activities initiated under The Library Code shall

16

continue and remain in full force and effect and may be

17

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

18

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

19

made under The Library Code and in effect on the effective

20

date of this section shall remain in full force and effect

21

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

22

(3)  A contract, obligation or agreement entered into

23

under The Library Code shall not be affected or impaired by

24

the repeal of The Library Code.

25

(4)  Except where specifically commented upon in the

<--

26

report of the Joint State Government Commission, entitled

27

"The Pennsylvania Public Library Code: Findings and

28

Recommendations" (December 2010), any difference in language

29

between 24 Pa.C.S. Ch. 93 and The Library Code is intended

30

only to conform to the style of the Pennsylvania Consolidated

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1

Statutes and is not intended to change or affect the

2

legislative intent, judicial construction or administration

3

and implementation of The Library Code.

4

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

5

the composition of the advisory council and require a

6

different composition from that required under The Library

7

Code are not intended to affect the existing membership of

8

the advisory council. As the terms of the existing advisory

9

council members expire, the following shall apply:

10

(i)  The appointment of new members shall conform

11

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

12

(ii)  Until the distribution of membership under 24

13

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

14

membership of the advisory council after the effective

15

date of this section and the vacated position was held by

16

a layperson, the position shall be filled by a

17

professional librarian until the distribution of

18

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

19

Section 3.  Repeals are as follows:

20

(1)  The General Assembly declares that the repeals under

21

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

22

Pa.C.S. Ch. 93.

23

(2)  The following are repealed:

24

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

25

known as The Library Code.

26

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

27

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

28

1949.

29

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

30

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

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1

Fiscal Code.

2

Section 4.  This act shall take effect immediately.

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