HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2012   

AN ACT

Amending Title 24 (Education) of the Pennsylvania Consolidated

Statutes, providing for public library code; and making

related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 24 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART VI

LIBRARIES

Subpart

A.  Public Libraries

B.  (Reserved)

SUBPART A

PUBLIC LIBRARIES

Chapter

93.  Public Library Code

CHAPTER 93

PUBLIC LIBRARY CODE

Subchapter

A.  General Provisions

B.  Public Library System

C.  State Aid to Libraries

D.  Municipal Support for Libraries

E.  Miscellaneous Provisions

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

9301.  Scope of chapter.

9302.  Definitions.

§ 9301.  Scope of chapter.

This chapter relates to public libraries.

§ 9302.  Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Advisory council."  The Advisory Council on Library

Development established in section 9312 (relating to advisory

council).

"Basic standards."  Standards promulgated by the State

Librarian and approved by the advisory council which are

essential and must be achieved by:

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

sections 9334 (relating to quality libraries aid) and 9336

(relating to equal distribution grants).

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

State aid under section 9336.

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

library which derives income from the commissioners of the

county for the express purpose of making its resources and

services available without charge to all county residents and

bringing direct library service to those residents not served by

other local libraries located within the same county. For the

purposes of this chapter, a local library operating a distinct

county library division shall be considered as two agencies, a

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

"Department."  The Department of Education of the

Commonwealth.

"Direct service area."  The municipality to which the

governing body of a library is responsible for extending all its

library services without charge.

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

library for the establishment, operation and maintenance of

library services which:

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

other local sources, as may be provided under rules and

regulations adopted by the advisory council.

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

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

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

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

the municipalities for which aid is claimed or in the direct

service area of a local library, whichever is applicable.

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

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

taxable property, as determined by the State Tax Equalization

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

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

"Internet."  The international nonproprietary computer

network of both Federal and non-Federal interoperable packet-

switched data networks.

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

federation of at least two local libraries which:

(1)  Serves at least 25,000 people.

(2)  Has voluntarily agreed to participate in the

federation.

(3)  Has delegated the policymaking functions to a system

board of directors.

"Local government support."  Support from a municipality

within a direct service area for the normal, recurring operating

costs of a library or a library system serving that direct

service area from appropriations, general purpose taxes, special

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

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

employment program costs.

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

whether established and maintained by a municipality or by a

private association, corporation or group, which serves the

informational, educational and recreational needs of all the

residents of the area for which its governing body is

responsible, by providing free access to:

(1)  An organized and currently useful collection of

printed items and other materials, including free lending and

reference services.

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

provide for these needs.

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

district of the second, third or fourth class.

"Minimum standards."  Standards promulgated by the State

Librarian and approved by the advisory council which must be

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

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

"Municipal officers."  Any of the following:

(1)  The mayor and council of a city.

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

(3)  The commissioners or supervisors of a township.

(4)  The commissioners of a county.

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

of the second, third or fourth class.

"Municipality."  Any county or locality which establishes or

maintains a local library.

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

service area of the local library or library system determined

on the basis of the most recent official United States Census

report for purposes of calculating payment under sections 9334

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

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

aid) and 9340 (relating to equalization aid).

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

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

service area of the local library.

SUBCHAPTER B

PUBLIC LIBRARY SYSTEM

Sec.

9311.  State Library and State Librarian.

9312.  Advisory council.

9313.  Statewide library resource centers.

9314.  District library centers.

9315.  Development of local libraries.

9316.  Acquisition of real property for library purposes.

9317.  County libraries and library taxes.

9318.  Local library governance.

9319.  Certification of library personnel.

9320.  Collaborative ventures.

§ 9311.  State Library and State Librarian.

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

appoint a suitably qualified State Librarian to exercise the

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

serve as Deputy Secretary for Libraries.

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

power and duty to:

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

Library as an agency providing information and fostering

continuing education in the State education program.

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

(3)  Maintain a definitive, organized collection of all

Commonwealth publications in the State Library, receive

copies of all publications of all agencies of the

Commonwealth and provide for the distribution of those

publications to other libraries.

(4)  Designate selected academic or local libraries

within this Commonwealth as State government document

depository libraries under criteria and regulations approved

by:

(i)  The advisory council.

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

of documents published under the act of July 31, 1968

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

Documents Law.

(5)  Coordinate a Statewide system of local libraries.

(6)  Establish service standards for local libraries

applying for aid under sections 9334 (relating to quality

libraries aid) and 9335 (relating to incentive for excellence

aid), which standards shall recognize and encourage the use

and development of current and emerging technologies and

concern the following:

(i)  Minimum standards for number and quality of

library staff.

(ii)  Resources of books and other materials.

(iii)  Hours of operation.

(iv)  Continuing professional development.

(v)  Collections expenditures.

(vi)  Physical facilities.

(vii)  Accessibility, including physical and

electronic access to library materials.

(7)  Advise local libraries, district library centers,

Statewide library resource centers, municipalities and groups

regarding:

(i)  The selection of books, cataloging and other

details of library management.

(ii)  The location of new local libraries.

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

(iv)  The best means of establishing and

administering a library.

(8)  Inspect local libraries, district library centers

and Statewide library resource centers and require reports in

any manner that the State Librarian deems proper.

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

periodicals, newspapers, maps, slides, films and other

library materials for the use of State and local governments,

libraries and the public generally.

(10)  Make available all library materials of the State

Library for circulation to local libraries and the public

generally under rules and regulations promulgated by the

State Librarian.

(11)  Promote and demonstrate library services throughout

this Commonwealth.

(12)  Collect, preserve and publish library statistics.

(13)  Study library problems throughout this Commonwealth

and make the resultant findings available to all libraries

within the State that request the findings.

(14)  Conduct and arrange training programs for and

certify library personnel.

(15)  Whenever necessary, for the purpose of

administering the library laws of this Commonwealth, act as

arbiter in defining the direct service area of any library.

(16)  Receive funds allocated to the Commonwealth for

library purposes by the Federal Government or private

agencies and administer those funds in library maintenance,

improvement or extension programs consistent with Federal and

State library objectives.

(17)  Promote and support cooperation among the various

types of libraries in Pennsylvania for the purpose of

increasing the services and resources available through

libraries.

(18)  Subject to approval by the advisory council,

promulgate rules and regulations for the purpose of carrying

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

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

restrict the circulation of library materials from the State

Library that are rare or used intensively in the State Library

for reference or other purposes.

§ 9312.  Advisory council.

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

is established and administered by the department.

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

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

(1)  Three trustees of local libraries.

(2)  Six professional librarians.

(3)  Three laypeople.

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

State Librarian shall be ex officio members of the advisory

council.

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

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

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

been appointed and qualified.

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

actual expenses incurred in the performance of his duties, each

member of the advisory council shall serve without compensation.

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

the advisory council as chairperson.

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

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

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

following powers and duties:

(1)  Advise the Governor and the Secretary of Education

regarding the appointment of the State Librarian.

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

Secretary of Education and the State Librarian regarding the

general policies and operations of the State Library and the

State system of aid to libraries.

(3)  Constitute a board of appeal regarding disputes

arising from decisions of the State Librarian which affect

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

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

members of the advisory council shall not have voting rights,

and a majority of the members of the advisory council shall

determine the outcome of the appeal.

(4)  Aid in increasing public understanding of and

formulating plans for furthering the purposes of this

chapter.

(5)  Promulgate rules and regulations for the approval of

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

procedure to appeal funding and eligibility decisions.

(6)  Approve or disapprove library district service areas

which are recommended by the State Librarian.

§ 9313.  Statewide library resource centers.

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

Statewide library resource centers to be located at the

following places:

(1)  Free Library of Philadelphia.

(2)  Pennsylvania State Library.

(3)  Pennsylvania State University Library.

(4)  Carnegie Library of Pittsburgh.

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

shall:

(1)  Have the responsibility and power to acquire major

research collections.

(2)  Make research collections available to the residents

of this Commonwealth on a Statewide basis under rules and

regulations promulgated by a board consisting of the head

librarians of all Statewide library resource centers and

under the chairmanship of the State Librarian.

§ 9314.  District library centers.

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

the State Librarian shall designate up to 30 libraries

throughout this Commonwealth as district library centers which

may include:

(1)  any local library;

(2)  any State college library;

(3)  the Pennsylvania State University Library; or

(4)  any privately supported college or university

library which agrees to serve as a district library center.

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

(1)  Coordinate the services of local libraries within

the district library center system by contracting with a

municipality or board of trustees or managers of a local

library to become part of the system.

(2)  Provide direct library service without charge to all

residents of the district.

(3)  Provide supplementary library services to all local

libraries within the district.

(4)  Exchange or provide services with other district

library centers or contract for the provision of library

services with other district library centers.

§ 9315.  Development of local libraries.

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

a municipality shall determine at a special election whether to

establish an annual special library tax on all taxable property

of the municipality for the establishment of, maintenance of and

aid to a local library under the following procedures:

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

a municipality may submit to the qualified voters the

question of the library tax at any time.

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

who voted in the last preceding general or municipal

election, the municipal officers of a municipality shall

submit to the qualified voters the question of the library

tax.

(3)  A special election under this subsection shall be

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

election that occurs not less than 60 days from:

(i)  the date of the decision of the municipal

officers to submit the question of the library tax; or

(ii)  the date of submission of the petition under

paragraph (2).

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

library tax, at the first meeting following the official

announcement of the results of the election, the municipal

officers shall:

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

tax.

(ii)  Appoint a board of library directors to have

exclusive control of the library and library tax revenue

as provided in section 9318 (relating to local library

governance).

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

apply:

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

established under this section shall be an annual tax which

shall remain in effect until another vote is taken to change

it.

(2)  The municipal officers of the municipality that have

approved the library tax may increase the rate without

submitting the question to the voters.

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

and collected in the same manner as other taxes in the

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

the municipality incorporates the library tax in the general

levy.

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

for any purpose other than the establishment of, maintenance of

and aid to a local library.

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

apply:

(1)  A municipality may contract with the managers or

owners of an existing local library for public library

service to the residents of the municipality, whether the

library is located in the same or another municipality. The

contract may be renewed as permitted by the terms of the

contract.

(2)  The municipal officers of a municipality may make

appropriations from current municipal revenue or moneys

raised by the library tax to pay the contractual obligations

under paragraph (1).

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

the tax shall be used for the establishment of, maintenance

of and aid to the local library with which the municipal

officers have entered into contract.

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

following shall apply:

(1)  No new library may be established under the

provisions of this chapter in any municipality where there is

a local library which:

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

municipality; and

(ii)  meets the minimum standards recommended by the

State Librarian as conditions for participation in State

aid.

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

given to an existing local library meeting the provisions of

paragraph (1).

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

libraries receive State aid from the same municipality and were

established on or before July 20, 1917, any appropriation

authorized by this chapter shall be divided between those

libraries according to the terms of any agreement previously

entered into between those libraries and approved by the State

Librarian.

§ 9316.  Acquisition of real property for library purposes.

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

acquire lands and buildings for local library purposes by the:

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

buildings or parts of buildings already owned by the

municipality;

(2)  erection of buildings; or

(3)  alteration of existing buildings to make them

suitable for local library purposes.

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

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

as other buildings are acquired for use for municipal purposes.

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

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

any funds accumulated in excess of the necessary costs of

establishing, maintaining or aiding the library to the municipal

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

purposes provided in subsection (a).

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

ordinance or resolution purchase, enter upon and appropriate

private property within its limits for the purpose of erecting

or enlarging public library buildings.

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

appoint a board of viewers for the assessment of damages caused

by the taking of private property for public library purposes

if:

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

interested person; and

(2)  the municipality and the owners of the private

property cannot agree on the compensation to be paid for the

property.

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

of viewers for the allowance of damages for property taken,

injured or destroyed and the proceedings upon its report shall

be as provided in other cases where such municipality

appropriates private property for municipal purposes.

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

shall determine at a special election whether to execute a

bonded indebtedness for purchasing grounds and erecting

buildings for library purposes under the following procedures:

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

a municipality, the municipal officers of a municipality

shall submit to the qualified voters the question of

execution of a bonded indebtedness.

(2)  A special election under this subsection shall be

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

election.

§ 9317.  County libraries and library taxes.

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

locality maintains a library that is not part of the direct

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

established or maintained and no county library tax may be

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

municipal officers of that locality or the board of trustees or

managers of any endowed or association library in that locality

that was not established under this chapter or any of its

predecessors have:

(1)  signified the intent by ordinance or resolution to

become part of the direct service area of the county library

and merge any existing library in the locality with the

county library; or

(2)  contracted with the county commissioners as to the

terms and conditions under which the existing library will

become a part of the direct service area of the county

library.

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

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

any endowed library or association library in that locality that

was not established under this chapter or its predecessors shall

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

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

in accordance with the terms of a written agreement between the

county commissioners and the municipal officers or board of

trustees or managers of the library that is supported by the

locality. Title to the books and other property may be

transferred to the county library.

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

county library is established and a locality has not joined in

its establishment, the locality may join the direct service area

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

trustees or managers of that library enter into an agreement

with the county board of library directors to merge its

facilities with the county library.

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

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

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

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

elected to join the direct service area of the county

library.

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

locality has established and maintained a separate local library

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

voters of the locality shall determine at a special election

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

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

establishment of, maintenance of and aid to the county library

under the following procedures:

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

voting in the last preceding general or municipal election in

the locality, the officers of the locality shall submit the

question to the qualified voters.

(2)  A special election under this subsection shall be

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

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

the submission of the petition.

(3)  A special election under this subsection shall be

held no more than once in five years.

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

of the locality from the direct service area of the county

library and the imposition of the county library tax, the

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

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

and payment of any county library tax.

§ 9318.  Local library governance.

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

(1)  A local library established under this chapter or

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

Library Code, shall be governed exclusively by a board of

library directors as follows:

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

board shall be composed of not fewer than five nor more

than seven members.

(ii)  If two or more municipalities contribute to the

establishment of, maintenance of and aid to a local

library, the municipalities may appoint a maximum of nine

members to serve on the board as they mutually agree.

(2)  The municipal officers of a municipality shall

appoint a majority of the members of the local library board

if the municipality maintains or aids a local library that is

established:

(i)  after June 14, 1961; and

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

any manner other than under section 9351 (relating to

financial support for libraries authorized) or 9352

(relating to popular subscription).

(3)  The municipal officers of a municipality shall not

appoint more than two members of the local library board if

the municipality maintains or aids a local library that was

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

testamentary provision or by any association, corporation or

group.

(b)  Appointment; terms of office.--

(1)  The municipal officers of the municipality in which

the local library is established shall appoint any members of

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

authorized to appoint in subsection (a).

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

years or until a successor is appointed.

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

unexpired term.

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

salary for service as a director.

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

secretary and treasurer from its membership and any other

officers and agents that the board deems necessary.

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

an amount to be determined by the board to provide satisfactory

surety to the municipality.

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

establishment or maintenance of a local library and all moneys,

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

shall be under the exclusive control of and disbursed under the

direction of the board.

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

board of directors of another library to establish a cooperative

plan for improving library services.

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

(1)  The board and any library receiving municipal

appropriations shall make an annual report to the proper

municipal authorities of:

(i)  Any moneys received by the library from the

municipality.

(ii)  Any disbursements of moneys received by the

library from the municipality.

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

which shall be audited in the same manner as other

municipal expenditures.

(2)  The annual report shall include:

(i)  An itemized statement of all receipts from all

sources.

(ii)  All expenditures.

(iii)  A description of the condition of the library

and any branches.

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

and other materials of the library, including:

(A)  The total number of materials in the

library's possession.

(B)  The number of materials added by purchase,

gift or otherwise.

(C)  The number of materials lost or withdrawn.

(v)  The number of registered borrowers and readers.

(vi)  A statement of the circulation of materials.

(vii)  Any other information and suggestions as the

board desires.

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

State Library.

§ 9319.  Certification of library personnel.

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

certify library personnel according to the following categories

and with the following qualifications:

(1)  Library assistants shall have two years of college

education in addition to in-service library training.

(2)  Provisional librarians shall have a college degree

and introductory education in library service.

(3)  Professional librarians shall have a college degree

in addition to one or more academic years of professional

library education.

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

promulgate rules and regulations providing for the certification

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

on actual library experience as equivalent to the minimum

educational requirements under subsection (a).

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

promulgate rules and regulations relating to continuing

education requirements for library assistants, provisional

librarians and professional librarians.

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

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

need special library training.

§ 9320.  Collaborative ventures.

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

shall provide financial support for the development and

maintenance of cooperative programs from funds appropriated to

the State Library for the purpose of:

(1)  Supporting interlibrary cooperative programs.

(2)  Promoting cooperation among various types of

libraries.

(3)  Preserving the existing financial support of any

single type of library.

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

apply:

(1)  Two or more municipalities may unite in establishing

and maintaining a local library under the terms of an

agreement entered into between them.

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

forth:

(i)  The purpose of the agreement.

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

library.

(iii)  The conditions under which the agreement may

be altered or terminated.

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

(i)  Accepted by a majority vote of the municipal

officers of each municipality that is a party to the

agreement.

(ii)  Signed by the proper officer of each

municipality that is a party to the agreement.

SUBCHAPTER C

STATE AID TO LIBRARIES

Sec.

9331.  Qualification in general.

9332.  Waiver of standards.

9333.  State system of aid to libraries.

9334.  Quality libraries aid.

9335.  Incentive for excellence aid.

9336.  Equal distribution grants.

9337.  County coordination aid.

9338.  District library center aid.

9339.  Statewide library resource center aid.

9340.  Equalization aid.

9341.  Transfer of funds among allocations.

9342.  Special rules for specific fiscal years.

9343.  Basic aid to local libraries.

9344.  Incentive aid to local libraries.

§ 9331.  Qualification in general.

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

standards under this chapter and regulations promulgated under

this chapter regarding hours of operation, staffing, continuing

professional development, collections expenditures and any other

standards related to library operations.

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

(1)  Any local library desiring to receive State aid

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

funds to the State Librarian.

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

by the State Librarian in accordance with rules and

regulations approved by the advisory council.

(3)  Subsequent changes and modifications in a library

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

Librarian.

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

State aid under this chapter, as determined by the State

Librarian, if the local library:

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

chapter and regulations promulgated under this chapter

regarding hours of operation, staffing, continuing

professional development, collections, expenditures and any

other standards related to library operations; and

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

(d)  Participation in district library center cooperative

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

library until the library participates in the district library

center cooperative program through either of the following

procedures:

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

participate in the district library center cooperative

program, including attendance at district meetings and the

use of interlibrary loans and interlibrary references.

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

participate in the district library center cooperative

program:

(i)  A petition regarding participation is circulated

within the direct service area of the library and signed

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

the last preceding general or municipal election.

(ii)  The petition is presented to the municipal

officers who shall forward the petition to the County

Board of Elections.

(iii)  After determining that the petition contains a

sufficient number of signatures, the County Board of

Elections places the question of participation in the

district library center cooperative program on the ballot

in the municipalities comprising the direct service area

from which the petition was submitted.

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

in the affirmative.

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

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

regarding access by minors to Internet and online sites that

contain or make reference to explicit sexual materials as

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

sexual materials and performances).

§ 9332.  Waiver of standards.

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

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

immediately preceding fiscal year, upon application by the board

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

standards under this chapter and regulations promulgated under

this chapter regarding hours of operation, staffing, continuing

professional development, collections expenditures and any other

standards related to library operations.

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

apply:

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

a resolution at a regularly scheduled meeting of the board to

apply for a waiver of any standards as provided in subsection

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

the library's operating budget.

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

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

department shall approve the policies or procedures.

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

waiver shall:

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

Librarian.

(2)  Specify the need for the waiver.

(3)  Provide supporting data and information to explain

the benefits to be obtained by the waiver.

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

have 30 days from receipt of an application submitted under this

section to approve, disapprove or request modifications to the

application.

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

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

shall be deemed approved.

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

disapproves the application for waiver, he shall transmit the

basis for disapproval to the board of directors of the local

library.

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

library may submit a revised application for waiver to the State

Librarian.

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

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

approved waiver application, the approval shall detail the

extent to which each affected standard, policy or procedure may

be revised by the board of directors.

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

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

§ 9333.  State system of aid to libraries.

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

support and maintenance of local libraries, county libraries,

library systems, district library centers and Statewide library

resource centers is established.

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

Subject to the standards and eligibility requirements under this

chapter, the following categories of aid are available to any

local library or library system:

(1)  Quality libraries aid under section 9334 (relating

to quality libraries aid).

(2)  Incentive for excellence aid under section 9335

(relating to incentive for excellence aid).

(3)  Equal distribution grants under section 9336

(relating to equal distribution grants).

(4)  Equalization aid under section 9340 (relating to

equalization aid).

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

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

library system may receive county coordination aid.

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

library resource center shall receive state aid subject to:

(1)  Section 9338 (relating to district library center

aid).

(2)  Section 9339 (relating to Statewide library resource

center aid).

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

in section 9342 (relating to special rules for specific fiscal

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

system of State aid established by this chapter shall be

allocated as follows:

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

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

be allocated first for equalization aid.

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

appropriation and the entire appropriation in fiscal years in

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

follows:

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

capita for each person residing in the direct service

areas of the libraries or library systems which qualify

for quality libraries aid shall be allocated as quality

libraries aid.

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

capita for each person residing in the direct service

areas of the libraries or library systems which qualify

for incentive for excellence aid shall be allocated as

incentive for excellence aid.

(iii)  Five percent shall be allocated for equal

distribution grants.

(iv)  Ten percent shall be allocated for county

coordination aid.

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

for each person residing in the direct service areas of

the libraries or library systems which are served by a

district library center shall be allocated for district

library center aid.

(vi)  Five percent shall be allocated for Statewide

library resource center aid.

§ 9334.  Quality libraries aid.

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

quality libraries aid, a local library or library system shall

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

residing in the municipalities that will be part of the direct

service area in which the library is applying for aid.

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

local library or library system which applies for State aid on

behalf of an economically distressed municipality, as defined in

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

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

municipality.

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

library or library system shall meet the following basic

standards:

(1)  The local library or library system shall

participate in the Access Pennsylvania Statewide Library Card

Program, as provided by rules and regulations promulgated

under this chapter.

(2)  The local library or library system shall lend

materials free of charge on a reciprocal basis to all types

of libraries in this Commonwealth.

(3)  The local library or library system shall provide

interlibrary loans free of charge to residents of the

library's direct service area.

(4)  Unless the State Librarian promulgates rules and

regulations after the effective date of this section that

require different hours of operation, the local library or

library system shall be open for service for the following

minimum number of hours:

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

best suited to the needs of residents of its service

area, including at least six hours during the weekend

period beginning on Saturday and ending on Sunday.

(ii)  Weekend hours may be reduced to four hours

during time periods as community-use patterns warrant,

for a maximum of ten weeks per year.

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

system shall annually attend at least eight hours of

continuing education programs approved by the Office of

Commonwealth Libraries.

(6)  The local library or library system shall

participate in the county library plan for the coordination

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

the local library or library system shall participate in the

development of a coordinated county services plan with the

district library center serving the municipalities in which

the local library or library system is located. The State

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

participation in certain provisions of the plan.

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

allocated to qualifying local libraries and library systems on a

per capita basis in the following manner:

(1)  The annual allocation of funds available for quality

libraries aid shall be divided by the total population on

which all libraries and library systems qualify for State aid

to yield a per capita amount of quality libraries aid.

(2)  The per capita amount of quality libraries aid

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

population residing within the municipalities served by a

library or library system which qualifies for aid.

§ 9335.  Incentive for excellence aid.

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

incentive for excellence aid, a local library or library system

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

each person residing in the municipalities that will be part of

the direct service area in which the library is applying for

aid.

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

library or library system shall meet the following minimum

standards:

(1)  The local library or library system shall qualify

for quality libraries aid under section 9334 (relating to

quality libraries aid).

(2)  The local library or library system shall annually

spend not less than 12% of its operating budget on

collections, excluding costs of an unusual, emergency or

nonrecurring nature. A local library or library system that

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

incentive for excellence aid shall increase the total amount

spent on collections each succeeding year by the lesser of:

(i)  five percent of its operating budget; or

(ii)  the percentage increase in the appropriation

for improvement of library services.

(3)  Unless the State Librarian promulgates rules and

regulations after the effective date of this section that

require different hours of operation, the local library or a

member library within a library system shall be open for full

services for the following minimum number of hours:

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

best suited to the needs of residents of its service

area, including at least seven hours during the weekend

period beginning on Saturday and ending on Sunday.

(ii)  Weekend hours may be reduced to four hours

during time periods as community-use patterns warrant,

for a maximum of ten weeks per year.

(iii)  A local library or member library within a

library system may reduce total weekly hours by three

hours per week during the ten-week period of reduced

Saturday and Sunday hours if approved by the State

Librarian.

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

system shall require at least six hours of continuing

education every two years for paid staff working at least 20

hours per week in direct support of the library service.

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

available for incentive for excellence aid shall be allocated

proportionately to qualifying local libraries or library systems

as follows:

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

capita or portion thereof of surplus financial effort that a

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

does not exceed 150%, of the minimum financial effort

required to receive quality libraries aid.

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

capita or portion thereof of surplus financial effort that a

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

does not exceed 300%, of the minimum financial effort

required to receive quality libraries aid. Eligibility for

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

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

(1)  Unless the State Librarian accepts evidence of

substantial curtailment of financial ability of the

community, a local library or library system may not use

incentive for excellence aid to reduce its financial effort

for normal and recurring operating costs.

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

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

the plan projects a decrease in local government support for

normal and recurring operating costs from a previous level

unless the State Librarian determines that the decrease is:

(i)  directly attributable to a gift or endowment to

a local library; or

(ii)  there is a substantial decrease in the

financial ability of the municipality on behalf of which

the library or library system applied for aid.

§ 9336.  Equal distribution grants.

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

for equal distribution grants:

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

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

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

population of the designated direct service area of the

entire district library center.

(2)  Any local libraries and library systems that meet

the eligibility requirements for quality libraries aid under

section 9334 (relating to quality libraries aid).

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

have been paid the total amounts for which they qualify under

section 9337 (relating to county coordination aid) for the

fiscal year, any funds remaining from the allocation for county

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

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

of the allocation for equal distribution grants.

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

(1)  Each eligible district library center shall receive

5¢ per capita for each person residing in the entire

district.

(2)  The balance of the funds available for equal

distribution grants shall be divided equally among local

libraries and library systems as determined in subsection

(d).

(d)  Calculation of grants to local libraries and library

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

distribution grants determined as follows:

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

by the number of local libraries, branch libraries and

bookmobiles in this Commonwealth which achieve or exceed the

applicable basic standards.

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

each qualifying member local library, branch library and

bookmobile.

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

the central library and each qualifying branch library and

bookmobile.

§ 9337.  County coordination aid.

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

or library system in a county of the second through eighth

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

amount appropriated by the county government from county moneys

and shall be determined as follows:

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

the county government to the county library or library system

may consist of funds from:

(1)  the county general fund;

(2)  a special library tax;

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

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

Class County Code, for the support and maintenance of the

county library; or

(4)  other sources.

(c)  Payments to county libraries or library systems in

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

shall apply:

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

the second through eighth class shall be paid the greater of