PRINTER'S NO. 676
No. 17 Session of 1999
INTRODUCED BY STEVENSON, WILLIAMS, GEIST, FAIRCHILD, GORDNER,
CALTAGIRONE, ORIE, LAUGHLIN, CORNELL, FEESE, ROBINSON,
KAISER, FARGO, READSHAW, WALKO, BATTISTO, MARKOSEK, HERMAN,
PETRONE, FICHTER, GEORGE, MANDERINO, ROSS, RUBLEY, VANCE,
NAILOR, HENNESSEY, PLATTS, DRUCE, SEYFERT, BELARDI, MUNDY,
SEMMEL, STERN, SCRIMENTI, ARMSTRONG, TRAVAGLIO, B. SMITH,
McCALL, PETRARCA, ARGALL, BENNINGHOFF, SCHRODER, HERSHEY,
E. Z. TAYLOR, DeLUCA, DAILEY, STAIRS, BAKER, SURRA, RAYMOND,
MICOZZIE, HESS, MASLAND, KENNEY, SAYLOR, ZUG, COLAFELLA,
MANN, DALEY, KREBS, JAMES, SNYDER, S. MILLER, BUNT, WILT,
SOLOBAY, CLYMER, HARHAI, RAMOS, MARSICO, PISTELLA, STABACK,
DALLY, SANTONI, TULLI, MAHER, STETLER, DERMODY, ROEBUCK AND
MICHLOVIC, MARCH 2, 1999
REFERRED TO COMMITTEE ON EDUCATION, MARCH 2, 1999
AN ACT
1 Regulating libraries; providing for the State Librarian, for the
2 State Library, for the State Library Commission and for
3 library financing; establishing the Pennsylvania State
4 Library System; providing for State aid to libraries and for
5 the Pennsylvania Information Network (PIN); making tax
6 exemptions and authorizing and requiring local taxation;
7 prescribing a penalty for damaging library property; and
8 making repeals.
9 TABLE OF CONTENTS
10 Chapter 1. Preliminary Provisions
11 Section 101. Short title.
12 Section 102. Declaration of policy.
13 Section 103. Definitions.
14 Section 104. Nondiscrimination in library services.
15 Section 105. Confidentiality of library user records.
1 Chapter 3. State Library Commission
2 Section 301. State Library Commission.
3 Section 302. Commission membership.
4 Section 303. Meetings and records.
5 Section 304. Internal procedures.
6 Section 305. Commission powers and duties.
7 Section 306. Special financing report to General Assembly.
8 Section 307. Cooperation of other agencies.
9 Chapter 5. State Librarian
10 Section 501. State Librarian.
11 Section 502. Staff.
12 Section 503. Powers and duties.
13 Chapter 7. State Library
14 Section 701. Establishment.
15 Section 702. Main branch.
16 Section 703. Public documents.
17 Section 704. Deposits and copies of public records.
18 Chapter 9. Pennsylvania State Library System
19 Section 901. Establishment.
20 Section 902. District library centers.
21 Section 903. Statewide resource centers.
22 Section 904. Public library boards.
23 Section 905. Surrogate voting.
24 Section 906. Duties of the governing board and board members.
25 Section 907. Organization of board and bond of treasurer.
26 Section 908. Staff.
27 Section 909. Merger of local libraries.
28 Section 910. Shared services among libraries.
29 Section 911. Statewide library card.
30 Section 912. Noncompliance with system requirements.
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1 Chapter 11. State Aid to Libraries
2 Section 1101. Establishment.
3 Section 1102. Source.
4 Section 1103. Administration.
5 Section 1104. State aid.
6 Section 1105. State librarian to approve plans.
7 Section 1106. Per capita State aid documentation.
8 Chapter 13. Pennsylvania Information Network
9 Section 1301. Computer library services.
10 Section 1302. User fees.
11 Chapter 15. Tax Exemptions and Tax Credits
12 Section 1501. Property, inheritance and income.
13 Section 1502. Tax credit.
14 Chapter 17. Establishment and Maintenance of Local Libraries
15 Section 1701. Municipal library tax and appropriations.
16 Section 1702. Referendum.
17 Section 1703. Tax-levying and restrictions to county tax.
18 Section 1704. Annual tax rate; levy and collection.
19 Section 1705. Discontinuance of county library and tax in city,
20 borough, town township or school district.
21 Section 1706. Joint action by municipalities.
22 Section 1707. Municipality contract for free library services.
23 Section 1708. Appropriation for contracted library services.
24 Section 1709. Purchase, lease lands and buildings for local
25 library purposes.
26 Section 1710. Appropriation of private property for library
27 purposes.
28 Section 1711. Petition for submission of bond issue.
29 Section 1712. Existing agreements not affected.
30 Section 1713. Duplication.
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1 Chapter 19. Library Offenses
2 Section 1901. Damaging library property.
3 Chapter 31. Miscellaneous Provisions
4 Section 3101. Repeals.
5 Section 3102. Transfer.
6 Section 3103. Regulations.
7 Section 3104. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 101. Short title.
11 This act shall be known and may be cited as the State Library
12 Code.
13 Section 102. Declaration of policy.
14 Because the public library and its information are
15 indispensable to a free and democratic people, the General
16 Assembly declares as follows:
17 (1) Public libraries are an essential public service
18 which provide lifelong educational benefits, enhance the
19 economic welfare of the citizenry and improve the quality of
20 life thus ensuring that this Commonwealth remains attractive
21 and amenable to both business and citizens.
22 (2) It is the highest priority that the State Library
23 and all public libraries throughout this Commonwealth be
24 properly governed, administered and funded so as to provide
25 the citizens of this Commonwealth with the most advanced
26 information and reference services possible.
27 (3) The citizens of this Commonwealth have the right to
28 require the General Assembly and the governing body of each
29 county and municipality, by judicious expenditure of the
30 taxes levied upon the citizens, to assure the fullest,
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1 freest, uninterrupted flow of information from the public
2 libraries of this Commonwealth.
3 (4) The services of a public library shall be available
4 to all citizens of this Commonwealth regardless of race,
5 color, gender, ethnic background, sexual orientation,
6 physical disabilities or religious or political beliefs.
7 (5) The citizens of this Commonwealth are guaranteed
8 that their rights of free speech and to petition the
9 government for redress of grievances are not abridged,
10 diminished or derogated by the denial of the free and public
11 dissemination of information.
12 (6) The State Library is an indispensable resource for
13 the General Assembly and the executive and judicial branches
14 of this Commonwealth and provides to all citizens of this
15 Commonwealth the wealth of knowledge essential for democratic
16 people.
17 (7) The librarian of any public library within this
18 Commonwealth shall be free to exercise the best professional
19 judgment in providing the widest possible dissemination of
20 information to the citizens of this Commonwealth. Whatever
21 information is not locally available shall be, to the maximum
22 extent possible, readily available from any other public
23 library within this Commonwealth.
24 Section 103. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Board." The governing board of directors or board of
29 trustees of a local library or public library system.
30 "Board member." A voting member of a board.
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1 "Commission." The State Library Commission established in
2 section 301.
3 "County library." Any local library or division of a local
4 library, which derives income from the commissioners of the
5 county for the express purpose of making its resources and
6 services available to all the residents of the direct service
7 area of that library.
8 "Direct service area." The municipality or municipalities to
9 which the governing body of a public library is responsible for
10 extending library services.
11 "District library center." Any public library designated as
12 such by the State Library Commission and receiving State aid for
13 the purpose of making its resources and services available
14 without charge to all the residents of the district, or
15 providing supplementary library services to local libraries
16 within the district, or coordinating the services of all local
17 libraries within the district which by contract become part of
18 the district library center program and of exchanging, providing
19 or contracting for library services with other district library
20 centers.
21 "Economically distressed municipality." The term includes
22 any of the following:
23 (1) A city, borough, town or township having a market
24 value per capita below the 30th percentile of all such
25 cities, boroughs, towns and townships, as certified annually
26 by the State Tax Equalization Board.
27 (2) Municipalities located in a county having a personal
28 income per capita below the 30th percentile of all counties,
29 as certified annually by the Department of Revenue.
30 (3) Municipalities located in a county having an annual
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1 average unemployment rate above the 70th percentile of all
2 counties, as determined annually by the Department of Labor
3 and Industry.
4 Population data to be used for determining market value per
5 capita and personal income per capita, as provided for in this
6 definition, shall be the latest available data from the United
7 States Bureau of the Census for the direct service area of the
8 local library or public library system.
9 "Financial effort." The sum expended annually by a public
10 library for the establishment, operation and maintenance of
11 library services which derives from local taxes, gifts,
12 endowments and other local sources, as may be provided under
13 rules and regulations adopted by the State Library Commission,
14 and which is used to determine eligibility for State aid.
15 "Information retrieval service." A service, public or
16 commercial, which provides computerized information retrieval
17 services over a communications network.
18 "Local library." A 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, including free lending
24 and reference services to an organized and currently useful
25 collection of printed items and other materials and to the
26 services of a staff trained to recognize and provide for these
27 needs. The term includes a public library with multiple outlets
28 which is governed by a single board.
29 "Merger." The union or joinder of two or more local
30 libraries pursuant to the provisions of section 909.
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1 "Minimum standards." Threshold levels of service related to
2 performance, services, materials and staffing which must be
3 achieved for a public library or public library system to
4 qualify for State aid.
5 "Municipal officer." The mayor and council of any city, the
6 mayor and council of any borough, town or home rule
7 municipality, the commissioners or supervisors of any township,
8 the commissioners of any county or the board of school directors
9 of any school district of the second, third or fourth class.
10 "Municipality." Any county, city, borough, town, township,
11 home rule municipality or any school district of the second,
12 third or fourth class, which establishes or aids in the
13 maintenance of a local library or public library system.
14 "Pennsylvania Information Network." Pennsylvanians' medium
15 for public dissemination and distribution of digital material
16 operated by the State Library Commission.
17 "Pennsylvania State Library System." A unified system of
18 public libraries within this Commonwealth which qualify for and
19 accept State aid.
20 "Pennsylvania State Library System member." A public library
21 which qualifies and elects to become a member of the
22 Pennsylvania State Library System.
23 "Per capita." A number of persons determined on the basis of
24 the latest official United States census report.
25 "Public library." A public nonsectarian library, whether
26 established and maintained by a governmental body or as a
27 charitable organization under section 501(c)(3) of the Internal
28 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)),
29 which serves the informational, educational and recreational
30 needs of all the residents of a politically defined
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1 jurisdiction, by providing free access to services and a
2 collection of currently useful materials. The term includes
3 local libraries, county libraries, public library systems and
4 district library centers.
5 "Public library system." A county-based or multicounty-based
6 administrative unit composed of two or more local libraries
7 serving not less than 25,000 people established in accordance
8 with this act which is responsible for the provision and
9 development of public library services within the geographic
10 boundaries of the county or multicounty area. The term includes
11 township-based public library systems in existence prior to the
12 effective date of this act.
13 "Qualified library." Any public library, academic library,
14 special library or school library regardless of organization or
15 ownership, entitled by this act to access the computer library
16 services of the Pennsylvania Information Network.
17 "School library." A library, whether established and
18 maintained by a public school district or a private school,
19 which primarily serves the informational, educational and
20 recreational needs of the student body, faculty and staff of the
21 school through an organized and currently useful collection of
22 printed items and other materials. The term does not include an
23 academic library.
24 "Special library." Any library or organized collection of
25 information which meets the following criteria:
26 (1) Is established and maintained by any Commonwealth
27 agency, county, municipal or government agency, commercial
28 enterprise or nonprofit organization.
29 (2) Serves the informational, educational and
30 professional needs of the entity with which the library is
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1 affiliated.
2 (3) Provides free and reasonable access to or has
3 possession of unique material of interest to educators,
4 professionals, scholars and students. For purposes of this
5 definition, "reasonable access" means access during regular
6 business hours without disruption of ongoing functions or
7 services of the business, institution or organization.
8 "State aid." Designation of financial assistance under
9 Chapter 11.
10 "State Librarian." The chief executive officer of the State
11 Library Commission and the Pennsylvania State Library System.
12 "State Library." The principal agency providing library
13 service to this Commonwealth.
14 "Statewide resource center." Any library designated as such
15 by the State Library Commission and receiving State aid for the
16 purpose of acquiring major research collections.
17 Section 104. Nondiscrimination in library services.
18 Libraries which obtain and receive assistance under this act
19 shall provide their library services on a nondiscriminatory
20 basis without regard to race, gender, color, creed, ethnic
21 background, political or religious beliefs or affiliation,
22 sexual orientation or physical disability.
23 Section 105. Confidentiality of library user records.
24 Records related to the circulation of library materials or
25 any other user records which contain the names or other
26 personally identifying details regarding the users of a library
27 shall be confidential and shall not be made available to anyone
28 except by a court order.
29 CHAPTER 3
30 STATE LIBRARY COMMISSION
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1 Section 301. State Library Commission.
2 The State Library Commission is established as an independent
3 commission. The commission may sue and be sued, contract and
4 have an official seal. The commission is constituted an
5 instrumentality of the Commonwealth. The exercise by the
6 commission of the powers conferred by this act is an essential
7 governmental function of the Commonwealth. All actions of law or
8 in equity against the commission shall be brought only in the
9 courts in which those actions may be brought against the
10 Commonwealth.
11 Section 302. Commission membership.
12 The commission shall consist of 11 members, seven of whom
13 shall be appointed by the Governor, three of whom shall be
14 librarians, two of whom shall be library board members, and two
15 of whom shall be residents of this Commonwealth. The President
16 pro tempore and the Minority Leader of the Senate and the
17 Speaker and Minority Leader of the House of Representatives
18 shall each appoint one of the remaining four members, whom shall
19 be constitutionally elected members of the General Assembly. The
20 State Librarian shall serve as an ex officio member of the
21 commission. The term of office of the members appointed by the
22 Governor shall be four years from the third Tuesday of January
23 of the year which the member takes office, or until a successor
24 has been appointed, except that upon initial appointment, one
25 member shall be appointed for one year, two members shall be
26 appointed for two years, two members shall be appointed for
27 three years, and two members shall be appointed for four years.
28 The members appointed by the legislative leaders shall serve
29 terms concurrent with their respective legislative terms of
30 office. The members shall serve without compensation other than
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1 reimbursement for travel and other actual expenses incurred in
2 the performance of their duties. The commission shall elect one
3 member as the chairman of the commission. The commission shall
4 meet at least six times per year at the places and times as it
5 deems necessary.
6 Section 303. Meetings and records.
7 (1) The meetings of the commission shall be open to the
8 public and meet the requirements of the act of July 3, 1986
9 (P.L.388, No.84), known as the Sunshine Act.
10 (2) The records of the commission shall be open to the
11 public. The minutes of the commission meetings shall be
12 preserved as permanent records.
13 Section 304. Internal procedures.
14 The commission shall make necessary rules for its own
15 operation. The commission may do all of the following:
16 (1) Acquire, own, use, lease, exchange, operate and
17 dispose of property.
18 (2) Enter into contracts necessary or incidental to the
19 performance of its functions.
20 Section 305. Commission powers and duties.
21 The commission has the following powers and duties:
22 (1) To employ a State Librarian as its chief executive
23 officer.
24 (2) To propose annually to the General Assembly and the
25 Governor the appropriation required for the operation of the
26 State Library, for financial assistance to Pennsylvania State
27 Library System members and for financial assistance required
28 by the commission to carry out the powers and duties outlined
29 under this act.
30 (3) To operate the Pennsylvania State Library System and
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1 the Pennsylvania Information Network.
2 (4) To provide for the certification of professional
3 librarians.
4 (5) To provide for grants and other programs to
5 Pennsylvania State Library System members to aid in the
6 operation, maintenance and construction of library facilities
7 and to facilitate mergers and shared services as set forth
8 under this act.
9 (6) To designate Statewide resource centers.
10 (7) To determine minimum standards and other standards
11 for public libraries.
12 (8) To accept, on behalf of the Commonwealth, gifts and
13 bequests, for the endowment of its work in accordance with
14 the instructions of the donors and in conjunction with the
15 Governor and State Treasurer, who shall together with the
16 members of the commission, constitute a body of trustees for
17 the care of these funds. The trustees shall invest the funds
18 and employ the income and increase in value to the
19 investments for the purposes of the commission or apply the
20 funds to the uses specified by the respective donors.
21 (9) To receive all funds allocated to the Commonwealth
22 for library purposes by the Federal Government or by private
23 agencies and to administer those funds in library
24 maintenance, improvement or extension programs consistent
25 with Federal and State library goals and policies.
26 (10) To coordinate literacy programs in conjunction with
27 other State agencies.
28 (11) To designate libraries within this Commonwealth to
29 be State depository libraries under criteria established by
30 the commission and, in the case of documents published
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1 pursuant to the act of July 31, 1968 (P.L.769, No.240),
2 referred to as the Commonwealth Documents Law, by the Joint
3 Committee on Documents.
4 (12) To collect, preserve and publish appropriate
5 statistics on the libraries located within this Commonwealth.
6 (13) To constitute a board of appeal for Pennsylvania
7 State Library System members with regard to disputes arising
8 from decisions of the State Librarian.
9 (14) To require annual reports by all Pennsylvania State
10 Library System members regarding the state of the member
11 library, its service to the general public and forecasts for
12 library development. The report shall include, but not be
13 limited to, the annual expenditures of the member library,
14 the number of patrons, borrowings, visitations and inquiries,
15 the number of print, audio-visual and digital materials on
16 hand, including additions and matter missing, and the general
17 character of books, with other statistics, information and
18 suggestions as may be deemed of general interest. All reports
19 filed with the commission shall be subject to the provisions
20 of 18 Pa.C.S. § 4902 (relating to perjury).
21 (15) To make recommendations to the Governor and the
22 General Assembly on matters of general policy concerning the
23 State Library and the Pennsylvania State Library System.
24 (16) To engage in interstate library compacts.
25 (17) To establish the location of district library
26 centers and thereafter to change the location of the same as
27 the commission deems appropriate, or to concur with any
28 requested change in location pursuant to section 904(3).
29 (18) To require all public libraries to conduct an audit
30 in accordance with regulations as may be determined from time
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1 to time by the commission.
2 Section 306. Special financing report to General Assembly.
3 The commission shall report to the General Assembly and make
4 recommendations every three years from the effective date of
5 this act on funding for the Pennsylvania State Library System.
6 The report shall take into consideration infrastructure,
7 technological and staffing needs of the Pennsylvania State
8 Library System.
9 Section 307. Cooperation of other agencies.
10 The commission may request from Commonwealth agencies and
11 authorities and from political subdivisions and their agencies
12 and authorities available information required in its work.
13 Required information shall be furnished to the commission within
14 a reasonable time.
15 CHAPTER 5
16 STATE LIBRARIAN
17 Section 501. State Librarian.
18 (a) State Librarian.--The commission shall appoint a
19 professional librarian as the State Librarian of the
20 Commonwealth.
21 (b) Compensation.--The compensation of the State Librarian
22 shall be set by the commission.
23 (c) Qualifications.--The State Librarian must have a
24 master's degree in library science from an accredited school of
25 library science.
26 Section 502. Staff.
27 (a) General rule.--The State Librarian may employ other
28 employees as necessary for the care and management of the State
29 Library as required to fulfill the requirements of this act in
30 accordance with the act of August 5, 1941 (P.L.752, No.286),
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1 known as the Civil Service Act.
2 (b) Civil service status of existing employees.--The civil
3 service status of employees of the State Library employed on the
4 effective date of this act shall not be affected by this act.
5 (c) Existing labor agreements.--The provisions of this act
6 shall not abrogate labor agreements in existence on the
7 effective date of this act.
8 Section 503. Powers and duties.
9 The State Librarian has the following powers and duties:
10 (1) To manage the State Library pursuant to the
11 philosophy and mission as set forth by the commission.
12 (2) To receive copies of all publications of all
13 agencies of the Commonwealth in order to maintain a
14 definitive, organized collection of all these publications by
15 the State Library and to provide for the distribution of
16 these publications to other libraries.
17 (3) To coordinate the services and programs of the
18 Pennsylvania State Library System and to aid and assist the
19 libraries in the Pennsylvania State Library System in
20 complying with the regulations of the commission.
21 (4) To purchase and maintain the collections of the
22 State Library.
23 (5) To transfer unneeded duplicate books or books which
24 are superseded or have been replaced with microfilm to other
25 libraries or to historical societies where they will be
26 accessible to scholars or to members of the public and to
27 sell at public auction such books if the State Librarian
28 determines that the transfer of the books by other means
29 would not be feasible and that the books are not needed by
30 the library. Sales shall be conducted by the Department of
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1 General Services. Income produced through these sales shall
2 be paid into the State Treasury through the Department of
3 Revenue and credited to the State Library for the purchase of
4 library materials. No unique book, article, manuscript,
5 document or other material which is of special significance
6 to the history of this Commonwealth shall be sold.
7 (6) To make available materials of the State Library for
8 circulation to the members of the Pennsylvania State Library
9 System and to the citizens of this Commonwealth. The State
10 Librarian may, after consultation with the commission,
11 restrict the circulation of certain materials because they
12 are rare or used intensively in the State Library for
13 reference or other purposes.
14 (7) To establish and conduct continuing professional
15 educational programs for personnel of the State Library and
16 all of the Pennsylvania State Library System members.
17 (8) To further the development of effective Statewide
18 school library services by offering consultation and
19 assistance to the Department of Education and school
20 libraries.
21 (9) To promote and advance the library science of this
22 Commonwealth.
23 (10) To otherwise coordinate the affairs and activities
24 of the State Library with the commission.
25 (11) To send documents to the Library of Congress as
26 deemed necessary.
27 (12) To prepare and issue quarterly a complete index of
28 public documents deposited under this act during the
29 immediately preceding quarter. The index shall be cumulated
30 at the end of each calendar year. These sections shall be
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1 made available in digital format.
2 (13) To establish a document exchange system with
3 agencies in the several states to make available selected
4 documents as deemed necessary.
5 (14) To exchange the judicial decisions, statutes,
6 journals, legislative and executive documents of this
7 Commonwealth and other books placed in the care of the State
8 Library with other libraries of the several states, the
9 Federal Government, foreign countries, societies and
10 institutions as deemed necessary.
11 (15) To name, after consultation with the commission,
12 members to advisory panels for each section of the State
13 Library to advise and consult on the establishment and
14 maintenance of materials for the sections.
15 (16) To act as arbiter in defining the direct service
16 area of any public library.
17 (17) To make recommendations to the commission with
18 regard to standards, regulations and policies the State
19 Librarian deems appropriate.
20 (18) To determine disputes among local libraries,
21 district library centers, public library systems and the
22 State Library. The determination shall be subject to review
23 by the commission as set forth in section 305(13).
24 (19) To counsel public libraries on minimum standards as
25 promulgated by the commission and to advise and encourage
26 libraries to exceed those standards. Nothing contained in
27 this act shall restrict or limit public libraries in the
28 selection of resources of books and other materials as
29 appropriate for their communities.
30 (20) To give advice and counsel to all public libraries
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1 and Statewide resource centers and to all municipalities and
2 groups, which may propose to establish public libraries, in
3 the requirements necessary to provide adequate, modern
4 library service, and on the administration of public
5 libraries.
6 (21) To inspect public libraries, and Statewide resource
7 centers and require reports as deemed appropriate.
8 (22) To study library issues throughout this
9 Commonwealth and make the findings available as determined by
10 the commission.
11 (23) To administer a cooperative program among all types
12 of libraries to increase services and availability of
13 resources throughout this Commonwealth.
14 (24) To certify library personnel as required by the
15 commission.
16 (25) The State Librarian shall establish policies for
17 the preservation of historical materials in the State
18 Library's collection.
19 CHAPTER 7
20 STATE LIBRARY
21 Section 701. Establishment.
22 The State Library is established by the commission as the
23 principal agency for providing library service to this
24 Commonwealth.
25 Section 702. Main branch.
26 (a) General rule.--The State Library shall coordinate public
27 access to information and records contained within the State
28 Library's collection.
29 (b) Collections.--The State Library and the designated
30 Statewide resource centers shall maintain the following
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1 collections separately or collectively:
2 (1) A general library consisting of reference,
3 nonfiction and fiction material.
4 (2) A newspaper and periodical library consisting of
5 daily and weekly newspapers published within principal cities
6 of the world, the United States and this Commonwealth,
7 magazines and periodicals.
8 (3) A historical and genealogical library, consisting of
9 volumes relating to the history of Pennsylvania and of the
10 several counties and to American and international history.
11 (4) An agricultural library consisting of reference and
12 nonfiction material relating to agriculture and farming and
13 allied fields.
14 (5) A business and mercantile library consisting of
15 reference and nonfiction material relating to business,
16 commerce, industry, labor and technology.
17 (6) A science and technology library consisting of
18 reference and nonfiction material relating to natural and
19 applied sciences and technology.
20 (7) A communications and media library consisting of
21 reference and nonfiction material relating to communications
22 and media.
23 (8) A government and political science library
24 consisting of reference and nonfiction material relating to
25 Federal, State and local government.
26 (9) A law library.
27 (10) Other materials as appropriate.
28 Section 703. Public documents
29 It is the policy of this Commonwealth that its citizens have
30 convenient access to the information collected and disseminated
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1 by government agencies. It is the purpose of this act to ensure
2 this access through well-organized collections of State
3 government publications in the State Library and in depository
4 collections in libraries throughout this Commonwealth.
5 Section 704. Deposits and copies of public records.
6 The State Library shall maintain copies of all publications
7 of all agencies and provide for distribution of these
8 publications to academic and public libraries, and may serve as
9 a depository of the Federal Government.
10 CHAPTER 9
11 PENNSYLVANIA STATE LIBRARY SYSTEM
12 Section 901. Establishment.
13 There is hereby established the Pennsylvania State Library
14 System which shall consist of a unified system of all public
15 libraries within this Commonwealth which qualify for and apply
16 for State aid under this act. The commission shall promulgate
17 regulations governing the Pennsylvania State Library System and
18 minimum standards for public libraries to qualify for State aid
19 and grants.
20 Section 902. District library centers.
21 (a) General rule.--The commission shall designate up to 30
22 libraries throughout this Commonwealth as district library
23 centers which may include any public library or public library
24 system. A district library center shall provide library services
25 within the district which it serves as may be determined from
26 time to time by the commission, shall provide additional
27 services as deemed appropriate by the governing board of the
28 district library center and shall otherwise exchange or provide
29 services either by contract or otherwise with other district
30 library centers.
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1 (b) Funding.--Those funds received by the district library
2 center under section 1104(c)(5) shall be used by the district
3 library center for the services it provides as a district
4 library center and shall be segregated from the other funds
5 administered by the governing board of the district library
6 center.
7 Section 903. Statewide resource centers.
8 The commission shall designate four Statewide resource
9 centers to be located at the following places:
10 (1) The Free Library of Philadelphia.
11 (2) The State Library.
12 (3) The Pennsylvania State University Library.
13 (4) The Carnegie Library of Pittsburgh.
14 Statewide resource centers shall have the responsibility and
15 power to acquire major resource collections and, under the rules
16 and regulations as are promulgated by a board consisting of the
17 head librarians of all State resource centers and under the
18 chairmanship of the State Librarian, to make them available to
19 the residents of this Commonwealth on a Statewide basis.
20 Section 904. Public library boards.
21 The affairs of public libraries shall be under the exclusive
22 control of the board of each local library, as follows:
23 (1) For local libraries and public library systems
24 established after June 14, 1961, the board shall be composed
25 of not fewer than five nor more than 11 members. The
26 municipal officers of the municipality which establishes the
27 local library shall appoint the board members and fill any
28 vacancies occurring from any cause. However, if two or more
29 municipalities contribute to the support and maintenance of a
30 local library or public library system, they shall each
19990H0017B0676 - 22 -
1 appoint that number of board members as is mutually agreed
2 upon by the municipalities, the total number not to exceed 11
3 members. When a municipality maintains or aids in the
4 maintenance of a local library which is established by deed,
5 gift or testamentary provisions, or in any manner other than
6 the specific provisions of this act, it shall be sufficient
7 if the municipal officers appoint the majority of the board
8 members. Initially, the board members shall be appointed as
9 nearly as possible, one-third for one year, one-third for two
10 years and one-third for three years, with all subsequent
11 appointments to be of three-year duration. All members shall
12 serve until their successors have been appointed. No board
13 member shall receive any salary for service as a board
14 member.
15 (2) In the case of a local library established by deed,
16 gift or testamentary provision, by any association,
17 corporation or group, prior to June 14, 1961, this section
18 shall not be construed to require the municipal officers of
19 each municipality aiding in the maintenance of a local
20 library to appoint more than two of the board members of that
21 local library.
22 (3) The board of a district library center shall be the
23 board of the local library in which the district library
24 center is located. In the event a district library center
25 serves local libraries which are outside of the public
26 library system in which the library is situate, and
27 thereafter the public library system determines to move its
28 system headquarters to another local library within the
29 public library system, then the district library center shall
30 not be moved unless and until approval of the commission is
19990H0017B0676 - 23 -
1 obtained. Each district shall also have a district advisory
2 council which shall also have the duties and responsibilities
3 as may be determined hereafter by the commission.
4 Section 905. Surrogate voting.
5 In the event that a municipal officer is a board member of a
6 public library, whether by virtue of appointment, election,
7 charter designation or otherwise, by reason of the individual
8 holding the municipal office, then the designated municipal
9 officer may appoint a surrogate whose attendance at a board
10 meeting shall be deemed appropriate for the purpose of forming a
11 quorum of the board, and who shall be entitled to cast the vote
12 of that municipal officer on any board matter. The following
13 shall also apply:
14 (1) The municipal officer shall have submitted a written
15 authorization designating the surrogate prior to any meeting
16 in which the surrogate is present and votes on any board
17 matter.
18 (2) The authority of the surrogate shall continue until
19 the authorization is revoked in writing by the appointing
20 municipal officer or the municipal officer's authority to act
21 as a board member is otherwise terminated for any reason.
22 Section 906. Duties of the governing board and board members.
23 The board and the board members of public libraries shall
24 have the following duties and responsibilities:
25 (1) To define and keep current the statement of the
26 public library's mission and goals, which statement shall be
27 in conformity with section 102.
28 (2) To provide library services which serve the
29 informational, educational and recreational needs of the
30 residents of the direct service area for which the board is
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1 responsible as a member of the Pennsylvania State Library
2 System, by providing free access to those residents,
3 including free lending and reference services to an organized
4 and currently useful collection of printed items and other
5 materials, and to the services of a staff trained to
6 recognize and provide for these needs.
7 (3) To adopt policies with regard to staffing,
8 materials, library administration, services, access and
9 facilities, provided that the same are in accordance with
10 this act. In the case of public library system boards, the
11 policies shall be with regard to library services under the
12 direct administration of the public library system and
13 systemwide services.
14 (4) To receive and control all funds appropriated for
15 the establishment or maintenance of the public library and
16 any funds from other sources for library use.
17 (5) To adopt an annual budget, and to cause an audit to
18 be conducted of all funds within its control, in accordance
19 with regulations adopted from time to time by the commission.
20 (6) To hire and evaluate on a regular basis a qualified
21 librarian.
22 (7) To determine the salary and wages of all library
23 employees not covered by governmental regulations or
24 collective bargaining agreements.
25 (8) To receive all property of whatsoever kind or
26 nature, together with any materials donated or appropriated
27 to the public library according to the terms of transfer of
28 that property by deed, gift, devise, bequest or otherwise. In
29 the absence of restrictions, the property shall be controlled
30 and administered as is other public library material or
19990H0017B0676 - 25 -
1 property, provided that the use of the property shall be
2 limited and used only for public library purposes. The board
3 shall have the right and discretion to refuse any gifts
4 deemed or determined inappropriate by the board.
5 (9) To determine the location of the library facilities,
6 approve construction of new facilities in the expansion or
7 remodeling of existing facilities, approve improvements and
8 expansion of technological resources and maintaining library
9 facilities, if the same is in accordance with this act.
10 Public library system boards shall coordinate planning for
11 the location of local library facilities within the public
12 library system's direct service area, approve construction of
13 new facilities and expansion or remodeling of existing
14 facilities and coordinate improvements and expansion of
15 technological resources and maintenance of those library
16 facilities through which the public library system provides
17 service directly, with the intended purpose being that the
18 service shall be consistent throughout the direct service
19 area of the public library system.
20 (10) To purchase, lease, sell or otherwise dispose of
21 the property of the library which is governed by the board.
22 In the event that the board administers a capital fund for
23 endowment purposes, the board shall have the power to
24 transfer the fund to a separate nonprofit corporation which
25 has received a designation as a section 501(c)(3)
26 organization under the Internal Revenue Code of 1986 (Public
27 Law 99-514, 26 U.S.C. § 1 et seq.), without the requirement
28 of obtaining an order of court, if the transfer does not
29 abrogate any restrictions otherwise placed on the funds by
30 the donor of the funds or by the board of the transferring
19990H0017B0676 - 26 -
1 local library, and the funds are thereafter used for public
2 library purposes.
3 (11) To cooperate with the friends of a library group or
4 other library advocacy group or groups as may be active in
5 the direct service area of the local library.
6 (12) To submit the annual report required under section
7 305(14).
8 (13) To forward a copy of any required audit to each
9 municipality from which funds are received by the local
10 library, no later than 60 days from the date of receipt of
11 the audit.
12 (14) Except as otherwise provided in this act, to assume
13 those liabilities provided for in 15 Pa.C.S. § 5712 (relating
14 to standard of care and justifiable reliance) and 42 Pa.C.S.
15 § 8332.2 (relating to officer, director or trustee of
16 nonprofit organization negligence standard).
17 (15) To comply with all provisions of the charter
18 establishing the local library and, in the event of nonprofit
19 corporations, to comply with the provisions of 15 Pa.C.S. Pt.
20 II Subpt. C (relating to nonprofit corporations).
21 (16) To adopt bylaws which provide for the organization
22 and governance of the board.
23 (17) Notwithstanding any other provision of this
24 section, in the event that a board member misses three
25 consecutive meetings of the board, the absence shall be
26 deemed sufficient cause for the removal of the board member
27 from the board. In the event the board member holds
28 membership by virtue of being appointed by a municipality or
29 by reason of holding a particular office or position, then
30 the absence shall be reported by the board to the appointing
19990H0017B0676 - 27 -
1 organization or municipality, along with a copy of this
2 provision, and the appointing organization or municipality
3 may deem the absence as sufficient cause to revoke the
4 appointment.
5 Section 907. Organization of board and bond of treasurer.
6 The board shall organize as soon as may be possible after
7 appointments by electing a president, secretary and treasurer
8 from its membership and other officers and agents as the board
9 may deem necessary. The treasurer shall give bond to the
10 municipality with satisfactory surety in the amount as the board
11 may determine.
12 Section 908. Staff.
13 (a) Appointment of librarian.--The public library board has
14 the power to appoint a suitable librarian.
15 (b) Existing labor agreements.--This act shall not abrogate
16 labor agreements in existence on the effective date of this act.
17 Section 909. Merger of local libraries.
18 (a) Preparation and submission of plan of merger.--Subject
19 to approval by the commission, two or more local libraries may
20 accomplish a merger. A plan of merger shall be prepared and
21 submitted to the commission for approval, which shall have
22 attached to it at the time of submission:
23 (1) written approval of each of the boards of the
24 merging local libraries; and
25 (2) written approval of each of the municipalities in
26 the designated direct service area of the merging local
27 libraries which aid in the maintenance of that local library.
28 (b) Determination to be made by commission.--In determining
29 whether or not the merger shall be permitted the commission
30 shall determine whether the merger is in accordance with the
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1 standards developed by the commission pursuant to the powers
2 granted to the commission in section 305(7). No merger shall be
3 permitted unless the commission makes a determination that the
4 library services proposed after the merger pursuant to the plan
5 of merger submitted are equitable throughout the resulting local
6 library's direct service area and that the resulting local
7 library will provide more efficient library services to the
8 residents of the direct service area than the predecessor local
9 libraries.
10 (c) Availability of incentive grants.--The resulting local
11 library after merger shall be entitled to receive incentive
12 grants as may be available and as are otherwise permitted in
13 section 305(5), and which shall be in addition to the State aid
14 to which the resulting local library is entitled under Chapter
15 11.
16 (d) Effect.--After completion of the merger, the resulting
17 local library shall have one board. In the event that all of the
18 parties to a proposed merger are separate nonprofit
19 corporations, then 15 Pa.C.S. Pt. II Subpt. C (relating to
20 nonprofit corporations) shall be complied with in addition to
21 the provisions of this act. Notwithstanding, the merger shall
22 not be deemed defective in the event that one or more of the
23 merging local libraries is other than a nonprofit corporation.
24 Section 910. Shared services among libraries.
25 (a) General rule.--Public libraries desiring to share
26 services with other libraries, whether or not they are public
27 libraries, shall do so by contract.
28 (b) Permitted shared services.--Permitted shared services
29 shall include:
30 (1) shared administration;
19990H0017B0676 - 29 -
1 (2) shared automation services;
2 (3) shared technical services;
3 (4) shared programming;
4 (5) shared collections and collection development;
5 (6) shared staffing;
6 (7) shared union catalog;
7 (8) shared ownership and cost of a bookmobile;
8 (9) shared cost and ownership of outreach services;
9 (10) shared purchasing arrangements;
10 (11) shared library facilities; and
11 (12) other services as are approved by the commission.
12 (c) Availability of additional funding.--In the event that a
13 contract approved by the commission is entered into for shared
14 services under this section, then additional funding may be made
15 available under section 305(5), which shall include either or
16 both of the following:
17 (1) Capital or other grants to aid in the initial
18 funding requirements of the shared service.
19 (2) Incentive funding as may be determined in accordance
20 with standards established by the commission.
21 (d) Exception.--Notwithstanding the provisions of subsection
22 (c), approval of the commission for shared services contemplated
23 shall not be required in the event that no additional funding is
24 requested from the Commonwealth for the shared services.
25 Section 911. Statewide library card.
26 (a) Establishment of library card program.--The commission
27 shall establish, maintain and operate a Statewide library card
28 program to provide access to public libraries and other
29 libraries, as deemed appropriate by the commission, for all
30 citizens of this Commonwealth.
19990H0017B0676 - 30 -
1 (b) Access to automated library cards.--The commission shall
2 coordinate access to the many automated library catalogs in this
3 Commonwealth, including that of the State Library and the
4 Statewide resource centers, as part of the Pennsylvania
5 Information Network established in section 1101.
6 Section 912. Noncompliance with system requirements.
7 Any Pennsylvania State Library System member which fails to
8 comply with the minimum standards shall not be eligible for any
9 State funding.
10 CHAPTER 11
11 STATE AID TO LIBRARIES
12 Section 1101. Establishment.
13 A system of State aid to assist in the support and
14 maintenance of local libraries, county libraries, public library
15 systems, district library centers and Statewide resource centers
16 is hereby established.
17 Section 1102. Source.
18 The following are the sources of State aid:
19 (1) Appropriations from the General Fund.
20 (2) Other moneys collected under this act.
21 Section 1103. Administration.
22 The commission shall administer the funds to implement this
23 act.
24 Section 1104. State aid.
25 (a) Payment of State aid.--State aid shall be paid when a
26 public library meets the following conditions:
27 (1) Elects to become a Pennsylvania State Library System
28 member.
29 (2) Achieves the applicable minimum standards determined
30 by the commission or submits plans leading to the achievement
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1 of those standards and makes minimum financial effort set
2 forth in subsection (c)(1).
3 No library receiving State aid prior to the effective date of
4 this act shall receive less State aid as a result of this act
5 than was received for that library's fiscal year immediately
6 preceding the effective date of this act, even if the library
7 has not elected to qualify under this act.
8 (b) Time period for meeting eligibility requirements.--Local
9 libraries and public library systems shall have five years from
10 the effective date of this act to meet eligibility requirements
11 as set forth in this section, during which time they shall
12 receive State aid equal to that which they received during the
13 last fiscal year prior to the effective date of this act.
14 (c) Grant of State aid.--State aid shall be granted for the
15 following:
16 (1) Aid for quality library service. Any local library
17 or public library system which makes a minimum financial
18 effort of $5 per capita for residents in its direct service
19 area and meets the minimum standards shall qualify for State
20 aid for quality library service. State aid may not be less
21 than $3 for each person residing in its direct service area.
22 (2) Economically disadvantaged communities. Public
23 libraries serving economically distressed municipalities
24 shall be eligible to receive 50¢ per capita for the residents
25 in their direct service area in addition to the State aid
26 received under paragraph (1). Libraries with local financial
27 effort below $5 per capita of their direct service area and
28 serving economically distressed municipalities are considered
29 as having achieved a minimum financial effort of $5 per
30 capita for purposes of eligibility for State aid.
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1 (3) Incentives for excellence. Any local library or
2 public library system which makes a minimum financial effort
3 of $5 per capita for each resident in its direct service area
4 and meets the minimum standards shall qualify for incentives
5 for excellence, which shall be in addition to all other
6 amounts of State aid as follows:
7 (i) Local libraries or public library systems with
8 financial effort between $5.01 and $7.50 per capita shall
9 receive no less than $1 for each $1 of financial effort
10 between $5.01 and $7.50 per capita.
11 (ii) Local libraries or public library systems with
12 financial effort between $7.51 and $15 per capita shall
13 receive that State aid in subparagraph (i) plus no less
14 than 20¢ per capita for each $1 financial effort between
15 $7.51 and $15 per capita.
16 (iii) Local libraries or public library systems with
17 financial effort greater than $15 per capita shall
18 receive that State aid in subparagraphs (i) and (ii),
19 plus no less than 10¢ per capita for each $1 of financial
20 effort greater than $15 per capita.
21 (4) County/public coordination aid. In the case of a
22 county library or public library system of a second, second
23 A, third, fourth, fifth, sixth, seventh or eighth class
24 county, State aid shall be awarded in an amount equal to the
25 amount appropriated and paid by the county government from
26 county moneys, either from the General Fund or a special
27 library tax or other sources, for the support and maintenance
28 of a county-based public library system, and shall be
29 determined as follows:
30 Percentage of State Aid Calculated
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1 Class of County on County Appropriation
2 2, 2A, 3, 4 and 5 50%
3 6, 7 and 8 100%
4 (5) Any public library designated by the commission to
5 serve as a district library center shall receive additional
6 State aid of no less than $1 per capita for the residents of
7 the district served by the district library center, or
8 $200,000, whichever is greater.
9 (6) Libraries designated as Statewide resource centers
10 in section 903 shall receive State aid in an amount equal to
11 at least $500,000.
12 (7) Local libraries and public library systems which
13 otherwise qualify for State aid under paragraph (1) shall
14 receive an additional amount of State aid for the purpose of
15 implementing and maintaining information technology. Each
16 public library system shall receive an annual amount of no
17 less than $4,000 for each qualifying member local library,
18 branch library and bookmobile. Each local library shall
19 receive an annual grant of no less than $4,000 for the
20 central library and each branch library and bookmobile.
21 (8) Participation in district library center program.
22 Notwithstanding the other provisions of this section, no
23 State aid shall be granted to any public library unless the
24 board of that library commits the library in writing to
25 participate in the district library center cooperative
26 program.
27 Section 1105. State librarian to approve plans.
28 Each local library or public library system desiring to
29 receive State aid under this act shall submit a plan to the
30 State Librarian for the use of the funds received and no
19990H0017B0676 - 34 -
1 payments of State aid shall be made until the plan is approved
2 by the State Librarian in accordance with rules and regulations
3 approved by the commission. Subsequent changes and modifications
4 in a library plan may be submitted at any time for approval to
5 the State Librarian. Libraries qualifying for State aid shall
6 have five years to achieve minimum standards. Further extensions
7 of time may be permitted with the approval of the State
8 Librarian acting under the advice of the commission.
9 Section 1106. Per capita State aid documentation.
10 On or before October 1 of each calendar year, each State aid
11 applicant shall submit its application for the next calendar
12 year, with the form of the application to be determined by the
13 commission.
14 CHAPTER 13
15 PENNSYLVANIA INFORMATION NETWORK
16 Section 1301. Computer library services.
17 (a) Pennsylvania Information Network (PIN).--There is
18 established a computer library network, which shall connect the
19 following:
20 (1) Pennsylvania State Library System members.
21 (2) The legislative, executive and judicial branches.
22 (3) Municipal and county governments.
23 (4) Qualified libraries.
24 The Pennsylvania Information Network shall be available to the
25 general public without cost or fee via Internet access.
26 (b) Information to be made available.--Public information
27 generally made available by the legislative, executive and
28 judicial branches and municipal and county governments may be
29 made available in electronic format by the Pennsylvania
30 Information Network. Materials owned by the State Library and
19990H0017B0676 - 35 -
1 all Pennsylvania State Library System members may be made
2 available over the Pennsylvania Information Network unless
3 dissemination is prohibited by Federal or international
4 copyright laws.
5 Section 1302. User fees.
6 The commission shall set user fees for access to information
7 retrieval services.
8 CHAPTER 15
9 TAX EXEMPTIONS AND TAX CREDITS
10 Section 1501. Property, inheritance and income.
11 (a) Property.--Any building owned and occupied by a public
12 library, public library system or foundation established by a
13 public library or public library system and the land on which it
14 stands shall be exempt from local tax, notwithstanding the fact
15 that some portion of the building or land may be yielding
16 rentals to the corporation or association managing the library.
17 To qualify for exemption under this subsection, the net receipts
18 of the corporation or association from rentals must be used
19 solely for the purpose of maintaining the library.
20 (b) Inheritance and income.--Gifts, bequests, devises,
21 grants or endowments made to a public library shall be free from
22 inheritance tax. The income from such gifts, bequests, devises,
23 grants or endowments used solely for the purposes of maintaining
24 the libraries shall be exempt from State income tax.
25 Section 1502. Tax credit.
26 (a) General rule.--Any business which makes a donation to a
27 local library shall receive a tax credit as provided in
28 subsection (b) if the receiving library and the State Librarian
29 annually approve the proposal of the business firm. The proposal
30 shall set forth:
19990H0017B0676 - 36 -
1 (1) The donation to be made.
2 (2) The receiving library.
3 (3) The estimated market value of the donation to the
4 library.
5 (4) The plans for providing the donation.
6 (b) Tax credits.--The Department of Revenue shall grant a
7 tax credit against any tax due under Article IV, VI, VII, VII-A,
8 VIII, VIII-A, IX or XV of the act of March 4, 1971 (P.L.6,
9 No.2), known as the Tax Reform Code of 1971, or any tax
10 substituted in lieu thereof in an amount which shall not exceed
11 100% of the total market value of a qualified donation that
12 occurs during the taxable year by the business. No tax credit
13 shall be granted under this subsection to any business for
14 activities that are part of its normal course of business. Any
15 tax credit under this subsection that is not used in the period
16 the qualified donation was given may be carried over for the
17 next five succeeding taxable years until full credit has been
18 allowed.
19 (c) Regulations.--The State Librarian is hereby authorized
20 to promulgate rules and regulations for the approval or
21 disapproval of qualified donations and shall provide a listing
22 of all applications received and their disposition to the
23 General Assembly by October 1 of the following fiscal year.
24 (d) Limitation.--The total amount of all tax credits under
25 this chapter may not exceed $10,000,000 in any fiscal year.
26 CHAPTER 17
27 ESTABLISHMENT AND MAINTENANCE OF LOCAL LIBRARIES
28 Section 1701. Municipal library tax and appropriations.
29 The municipal officers of any municipality may make
30 appropriations out of current revenue of the municipality or out
19990H0017B0676 - 37 -
1 of moneys raised by the levy of special taxes to establish,
2 maintain or aid in the maintenance of a local library
3 established by deed, gift or testamentary provision, for the use
4 of the residents of the municipality. Special taxes for these
5 purposes may be levied on the taxable property of the
6 municipality or the same may be levied and collected with the
7 general taxes. If the county levies a special tax for the
8 support of a public library, that tax shall not be levied upon
9 residents of municipalities which appropriate funds or levy a
10 tax for the support of a local library that is not a part of the
11 county library district and is located within the municipality.
12 This section shall not be construed to limit appropriations made
13 for library purposes to those made from special tax levies.
14 Wherever a special tax is levied, all income from the tax shall
15 be used for the support and maintenance of the local library.
16 Section 1702. Referendum.
17 (a) Referendum question.--The municipal officers of any
18 municipality may submit to the qualified voters of the
19 municipality at a special election to be held at the time of the
20 next general, municipal or primary election occurring not less
21 than 60 days therefrom the question of establishing, maintaining
22 or aiding in maintaining a local library, and must submit the
23 questions if petitioned for by 3% of the number voting at the
24 last preceding general or municipal election. At the election
25 the question of estimating an annual tax on all taxable property
26 of the municipality shall be submitted.
27 (b) Conditions to be met.--In cases where questions under
28 subsection (a) are submitted to the voters of the county, they
29 shall not be submitted to the voters residing in cities,
30 boroughs, towns, townships and school districts in which there
19990H0017B0676 - 38 -
1 is then being maintained a local library that is not a part of
2 the county library district, whether by the city, borough, town,
3 township, school district or otherwise, unless the municipal
4 officers of the board of trustees or managers of any endowed
5 library or association library in the municipality shall have,
6 previous to the submission, signified their intent by ordinance
7 or resolution to become part of the county library district and
8 to merge any existing library in the municipal district with the
9 county library, if the same may be done legally. Any city,
10 borough, town, township, school district or any board of
11 trustees or managers of any endowed library or association
12 library maintaining such a local library shall have the power to
13 contract with the county commissioners before the submission of
14 the questions upon the terms and conditions under which it will
15 become a part of the county library district. Title to the books
16 and other property of the municipally supported library or other
17 library shall remain in the municipality or with the board of
18 trustees or managers, but the books and other property shall be
19 used by the county library in accordance with the terms of a
20 written agreement between the county commissioners and the
21 municipal officers or board of trustees or managers of any
22 endowed library or associate library. However, title to such
23 books and other property may be transferred to the county
24 library district, if the same may be done legally.
25 (c) Merger of facilities.--Where a county library district
26 is established and a municipality has not joined in the
27 establishment, it may, nevertheless, thereafter join the county
28 library district if the municipal officers or the board of
29 trustees or managers of any endowed library or association
30 library in the municipality enter into an agreement with the
19990H0017B0676 - 39 -
1 county board of library directors to merge its facilities with
2 the county library in the manner provided under this act.
3 Section 1703. Tax-levying; restrictions to county tax.
4 If the majority of votes cast on the question under section
5 1702 are in favor of establishing the tax rate, the municipal
6 officers, at the first meeting following the official
7 announcement of the results of the election, shall take the
8 necessary steps to levy and collect the tax so levied and shall
9 appoint a board of library directors. The board shall have
10 exclusive control of the library so established and/or
11 maintained and shall be governed as provided elsewhere in this
12 act. In the case of a county tax, no tax shall be levied on any
13 property in cities, boroughs, towns, townships or school
14 districts where local libraries are being maintained by public
15 tax funds and which have not elected up to the time of the levy
16 to join the county library district.
17 Section 1704. Annual tax rate; levy and collection.
18 The rate of tax so voted shall be an annual rate until
19 another vote is taken changing the same. The municipal officers
20 may increase the rate without submitting the question to the
21 voters. The tax shall be levied and collected in like manner as
22 other taxes in the municipality, and shall be in addition to all
23 other taxes, except where included within the general levy, and
24 shall be used for no other purpose than that of establishing
25 and/or maintaining a local library.
26 Section 1705. Discontinuance of county library and tax in city,
27 borough, town, township or school district.
28 Wherever in a city, borough, town, township or school
29 district there has been or may be established and maintained a
30 separate local library and there is at the time a county library
19990H0017B0676 - 40 -
1 in existence, 3% of the number voting at the last preceding
2 general or municipal election in the city, borough, town,
3 township or school district may petition the county
4 commissioners to place on the ballot the question of whether or
5 not the city, borough, town, township or school district shall
6 be a part of the county library district and be subject to levy
7 and payment of any taxes levied for the purpose of maintaining
8 or aiding in the maintenance of any county library. At the next
9 general or municipal election occurring at least 60 days after
10 the filing of the petition, but not more often than once in five
11 years, the question shall be placed upon the ballots and
12 submitted to the electors of the city, borough, town, township
13 or school district, as provided by the election laws. If a
14 majority of those voting on the question vote in favor of the
15 discontinuance of the county library and tax in the city,
16 borough, town, township or school district, then the city,
17 borough, town, township or school district shall not thereafter
18 be a part of the county library district and shall not be
19 subject to the levy and payment of any taxes levied for the
20 purpose of maintaining or aiding in the maintenance of any
21 county library. When a vote to discontinue a library tax is
22 presented to the voters, as a result of successful petition to
23 the county commissioners as described, the vote to discontinue
24 the tax must be inclusive of the municipality or group of
25 municipalities which, as a whole, originally voted the tax into
26 existence. Individual municipalities may not, separately,
27 petition to have the discontinuance of the tax put on the ballot
28 in cases where the tax was instituted by majority vote of a
29 large group of municipalities.
30 Section 1706. Joint action by municipalities.
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1 Two or more municipalities may unite in establishing and/or
2 maintaining a local library under the terms of an agreement
3 entered into between them. The agreements shall be in writing
4 and shall set forth the purpose, the terms as to support and
5 control and the conditions under which the agreement shall be
6 altered or terminated. The agreement shall not be valid until it
7 has been accepted by a majority vote of the municipal officers
8 of each of the municipalities agreeing thereto and signed by the
9 proper officer of each of the municipalities.
10 Section 1707. Municipality contract for free library services.
11 Any municipality may contract with the managers or owners of
12 any existing local library for public library service to the
13 residents of the municipality, whether the library is located in
14 the same or in another municipality. The contract shall be
15 renewable as provided in the contract.
16 Section 1708. Appropriation for contracted library services.
17 The municipal officers of any municipality may make
18 appropriations out of current revenue of the municipality or out
19 of the moneys raised by the levy of special taxes on the dollar
20 on all taxable property in the municipality for the purpose
21 specified in section 1707. Whenever a special tax is levied, all
22 income from the tax shall be used for the support and
23 maintenance of the local library with which the municipal
24 officers have entered into contract.
25 Section 1709. Purchase, lease lands and buildings for local
26 library purposes.
27 A municipality is authorized to purchase, set apart or lease
28 lands and buildings, or parts of buildings already owned by it,
29 or both, or to erect buildings, to be used for local library
30 purposes, or to alter buildings already erected so as to make
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1 them suitable for that use, and it is authorized to provide for
2 the cost of the same as in the case of other buildings to be
3 used for municipal purposes. Whenever, in a municipality, a tax
4 levy has been or may hereafter be authorized for the purpose of
5 maintaining a local library therein as provided by this act,
6 and, out of moneys raised from the levy, a surplus or excess has
7 been or may hereafter be accumulated above the necessary cost of
8 maintaining the library, it shall and may be lawful for the
9 directors of the library to pay over the excess or surplus to
10 the municipal officers of the municipality, to be used by them
11 for any of the purposes provided in this section.
12 Section 1710. Appropriation of private property for library
13 purposes.
14 A municipality may by ordinance or resolution purchase, enter
15 upon and appropriate private property within its limits for the
16 purpose of library facilities, utilizing the procedures of the
17 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
18 Eminent Domain Code.
19 Section 1711. Petition for submission of bond issue.
20 If 5% of the registered voters of any municipality shall
21 petition the municipal officers to submit the question of
22 executing a bonded indebtedness for purchasing grounds and/or
23 erecting buildings for library purposes, the officers must
24 submit the question at the next ensuing election.
25 Section 1712. Existing agreements not affected.
26 This act shall not in any way affect any agreement or
27 agreements heretofore made by a municipality under any prior act
28 relating to local libraries but all these agreements are hereby
29 ratified and are to continue as binding contracts between the
30 parties.
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1 Section 1713. Duplication.
2 Whenever there is in any municipality a local library which
3 is open to the use of all the residents thereof and which meets
4 the minimum standards recommended by the State Librarian as
5 conditions for participation in State aid, no new library shall
6 be established there, under this act, but all public aid
7 authorized shall be given to the existing library to enable it
8 to meet as far as possible the needs of the residents. However,
9 if on or before July 20, 1917, two or more libraries have been
10 receiving aid from the same municipality, the appropriation
11 authorized by this act shall be divided between the libraries
12 according to the terms of an agreement previously entered
13 between the libraries and approved by the State Librarian.
14 CHAPTER 19
15 LIBRARY OFFENSES
16 Section 1901. Damaging library property.
17 (a) Offense defined.--A person commits a misdemeanor of the
18 third degree if he willfully cuts, mutilates, marks or otherwise
19 injures any book, pamphlet, magazine, newspaper, manuscript, map
20 or other property belonging in, or to, or on deposit with, any
21 library open to the public or any part thereof or the library of
22 any university, college or educational institution chartered by
23 the Commonwealth.
24 (b) Disposition of fine.--Any fine imposed under this
25 section shall be paid over by the court imposing the fine to the
26 library against which the offense was committed.
27 CHAPTER 31
28 MISCELLANEOUS PROVISIONS
29 Section 3101. Repeals.
30 (a) Absolute.--The act of June 14, 1961 (P.L.324, No.188),
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1 known as The Library Code, is repealed.
2 (b) General.--All other acts and parts of acts are repealed
3 insofar as they are inconsistent with this act.
4 Section 3102. Transfer.
5 All personnel, allocations, appropriations, equipment, files,
6 records, contracts, agreements, obligations and other materials
7 which are used, employed or expended by the Department of
8 Education in connection with the powers, duties or functions
9 exercised under this act by the commission are hereby
10 transferred to the commission with the same force and effect as
11 if the appropriations had been made to and the items had been
12 the property of the commission in the first instance and as if
13 said contracts, agreements and obligations had been incurred or
14 entered into by the commission.
15 Section 3103. Regulations.
16 The commission shall promulgate regulations relative to the
17 implementation of this act.
18 Section 3104. Effective date.
19 This act shall take effect immediately.
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