Pennsylvania Library Laws

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Pennsylvania Library LawsTitle 24. PA. C.S. Education – Public Library CodePublic School Code of 1949 (Act of Mar. 10, 1949, P.L. 30, No. 14 Cl. 24)Fiscal Code (Act of Apr. 9, 1929, P.L. 343, No. 176 Cl. 72)Fiscal Code – Omnibus Amendments – Line Item Veto (Act of Jul. 10, 2014, P.L.1053, No. 126 Cl. 72)Child Internet Protection Act (Act of Nov. 30, 2004, P.L. 1556, No. 197 Cl. 35)Title 18. PA. C.S. Crimes and OffensesTitle 23 PA. C.S. Domestic Relations – Child Protective Services ActKeystone Recreation, Park and Conservation Fund Act (Act of Jul. 2, 1993,P.L. 359, No. 50 Cl. 32)January 2020, Updated June 2020COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF EDUCATION333 Market StreetHarrisburg, PA 17126-0333www.education.pa.gov

Commonwealth of PennsylvaniaTom Wolf, GovernorDepartment of EducationPedro A. Rivera, SecretaryOffice of Commonwealth LibrariesGlenn R. Miller, Deputy SecretaryBureau of Library DevelopmentSue Banks, DirectorThe Pennsylvania Department of Education (PDE) does not discriminate in its educational programs,activities, or employment practices, based on race, color, national origin, [sex] gender, sexual orientation,disability, age, religion, ancestry, union membership, gender identity or expression, AIDS or HIV status, orany other legally protected category. Announcement of this policy is in accordance with State Lawincluding the Pennsylvania Human Relations Act and with Federal law, including Title VI and Title VII ofthe Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of theRehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, and the Americans withDisabilities Act of 1990.The following persons have been designated to handle inquiries regarding the Pennsylvania Departmentof Education’s nondiscrimination policies:For Inquiries Concerning Nondiscrimination in Employment:Pennsylvania Department of EducationEqual Employment Opportunity RepresentativeBureau of Human ResourcesVoice Telephone: (717) 783-5446For Inquiries Concerning Nondiscrimination in All Other Pennsylvania Department of EducationPrograms and Activities:Pennsylvania Department of EducationSchool Services Unit Director333 Market Street, 5th Floor, Harrisburg, PA 17126-0333Voice Telephone: (717) 783-3750, Fax: (717) 783-6802If you have any questions about this publication or for additional copies, contact:Pennsylvania Department of EducationBureau of Library Development/Office of Office of Commonwealth Libraries333 Market Street, 12th Floor, Harrisburg, PA 17126-0333Voice: (717) 787-2646, Fax: (717) 772-0044www.education.pa.govAll Media Requests/Inquiries: Contact the Office of Press & Communications at (717) 783-9802January 2020, Updated June 20202

Table of ContentsIntroduction . 9Title 24. PA. C.S. Education . 11Part VI. Libraries. 11Subpart A. Public Libraries . 11Chapter 93: Public Library Code. 11Subchapter A: General Provisions . 11§ 9301. Scope of chapter. . 11§ 9302. Definitions. . 11Subchapter B: Public Library System . 14§ 9311. State Library and State Librarian. . 14§ 9312. Advisory council. 16§ 9313. Statewide library resource centers. . 18§ 9314. District library centers. . 18§ 9315. Development of local libraries. . 19§ 9316. Acquisition of real property for library purposes. . 20§ 9317. County libraries and library taxes. . 21§ 9318. Local library governance. . 23§ 9319. Certification of library personnel. . 25§ 9320. Collaborative ventures. . 26Subchapter C: State Aid to Libraries . 26§ 9331. Qualification in general. . 27§ 9332. Waiver of standards. 28§ 9333. State system of aid to libraries. . 29§ 9334. Quality libraries aid. . 31§ 9335. Incentive for excellence aid. . 32§ 9336. Equal distribution grants. . 34§ 9337. County coordination aid. . 35§ 9338. District library center aid. . 36§ 9339. Statewide library resource center aid. . 37January 2020, Updated June 20203

§ 9340. Equalization aid. . 38§ 9341. Transfer of funds among allocations. 39§ 9342. Special rules for specific fiscal years. . 40§ 9343. Basic aid to local libraries. . 46§ 9344. Incentive aid to local libraries. . 48Subchapter D: Municipal Support for Libraries. 48§ 9351. Financial support for libraries authorized. . 48§ 9352. Popular subscription. . 49§ 9353. Gifts and donations. 50Subchapter E: Miscellaneous Provisions . 50§ 9371. Free use of libraries. . 50§ 9372. Tax exempt status. . 51§ 9373. Commonwealth publications. . 51§ 9374. Selection of materials. . 52§ 9375. Privacy of circulation records. . 52§ 9376. Damage to library materials. . 53Subpart B: (Reserved). 53Appendix to Title 24 Education . 53Supplementary Provisions of Amendatory Statutes . 53§ 2. Continuation of prior law. . 53PUBLIC SCHOOL CODE OF 1949 . 55Article XXIII. Funding for Public Libraries . 55§ 2318. State aid for fiscal year 2011-2012 . 55§ 2319. State aid for fiscal year 2012-2013 . 56§ 2320. State aid for fiscal year 2016-2017. . 57§ 2321. State aid for fiscal year 2017-2018. . 58§ 2322. State Aid for fiscal year 2018-2019. . 59§ 2323. State Aid for fiscal year 2019-2020. . 60§ 2324. State Aid for fiscal year 2020-2021 . 61Fiscal Code . 63ARTICLE XVII-L: 2015-2016 BUDGET IMPLEMENTATION . 63January 2020, Updated June 20204

Subarticle B. Executive Departments . 63§ Section 1711-L. Department of Education . 63Fiscal Code - Omnibus Amendments - Line Item Veto. 65Article XVII-J. 2014-2015 Budget Implementation . 65Subarticle B. Executive Departments . 65Section 1722-J. Department of Education. . 65Child Internet Protection Act – Enactment. 67§ 1. Short title . 67§ 2. Declaration of policy . 67§ 3. Definitions. 68§ 4. School entity Internet policies . 68§ 5. Public library Internet policies . 69§ 6. Consultation on acceptable-use policies . 70§ 7. Reports . 70§ 8. Enforcement of acceptable-use policies . 70§ 9. Duties of the secretary . 71§ 10. Disabling blocking technology for use by certain persons . 71§ 11. Severability . 72§ 12. Applicability . 72§ 13. Repeal . 72§ 14. Effective date. 72Title 18 PA. C.S. Crimes and Offenses . 73Part II. Definition of Specific Offenses . 73Article C. Offenses Against Property . 73Chapter 39 – Theft and Related Offenses . 73Subchapter B – Definition of Offenses . 73§ 3929.1 Library theft. . 73§ 3929.2. Unlawful possession of retail or library theft instruments. . 75Article F. Offenses against Public Order and Decency. 77Chapter 59. Public Indecency . 77§ 5903. Obscene and other sexual materials and performances . 77January 2020, Updated June 20205

Article G. Miscellaneous Offenses . 83Chapter 67. Proprietary and Official Rights . 83§ 6708. Retention of library property after notice to return . 83Title 23 PA. C.S. Domestic Relations . 85Part VII. Abuse of Family . 85Chapter 63. Child Protective Services . 85Subchapter A - Preliminary Provisions . 85§ 6301. Short title of chapter. . 85§ 6302. Findings and purpose of chapter. . 85§ 6303. Definitions. . 86§ 6304. Exclusions from child abuse. 100§ 6305. Electronic reporting. . 102§ 6306. Regulations. . 103Subchapter B - Provisions and Responsibilities for Reporting Suspected ChildAbuse . 103§ 6311. Persons required to report suspected child abuse. . 104§ 6311.1. Privileged communications. . 106§ 6312. Persons encouraged to report suspected child abuse. . 107§ 6313. Reporting procedure. . 107§ 6314. Photographs, medical tests and X-rays of child subject to report. . 109§ 6315. Taking child into protective custody. . 109§ 6316. Admission to private and public hospitals. . 111§ 6317. Mandatory reporting and postmortem investigation of deaths. 112§ 6318. Immunity from liability. 112§ 6319. Penalties. . 113§ 6320. Protection from employment discrimination. . 114Subchapter C - Powers and Duties of Department . 115§ 6331. Establishment of Statewide database. . 116§ 6332. Establishment of Statewide toll-free telephone number. . 116§ 6333. Continuous availability of department. . 118§ 6334. Disposition of complaints received. . 118January 2020, Updated June 20206

§ 6334.1. Responsibility for investigation. . 120§ 6335. Access to information in Statewide database. 121§ 6336. Information in Statewide database. . 124§ 6337. Disposition and expunction of unfounded reports and generalprotective services reports. . 126§ 6338. Disposition of founded and indicated reports. . 127§ 6338.1. Expunction of information of perpetrator who was under 18 years ofage when child abuse was committed. . 128§ 6339. Confidentiality of reports. . 130§ 6340. Release of information in confidential reports. . 130§ 6340.1. Exchange of information. . 134§ 6341. Amendment or expunction of information. 136§ 6342. Studies of data in records. . 139§ 6343. Investigating performance of county agency. . 140§ 6343.1. Citizen review panels. . 142§ 6344. Employees having contact with children; adoptive and foster parents. 143§ 6344.1. Information relating to certified or licensed child-care homeresidents. . 159§ 6344.2. Volunteers having contact with children. . 160§ 6344.3. Continued employment or participation in program, activity orservice. . 163§ 6344.4. Recertification. . 165§ 6345. Audits by Attorney General. . 166§ 6346. Cooperation of other agencies. . 166§ 6347. Reports to Governor and General Assembly. . 167§ 6348. Regulations. . 168§ 6349. Penalties. . 168Keystone Recreation, Park and Conservation Fund Act . 171§ 1. Short title . 172§ 2. Declaration of policy . 172§ 3. Definitions . 173January 2020, Updated June 20207

§ 4. Keystone Recreation, Park and Conservation Fund . 175§ 5. Referendum . 176§ 6. Commonwealth indebtedness . 176§ 7. Allocation of State Realty Transfer Tax revenues. 182§ 8. Duties, responsibilities and limitations on agencies . 182§ 9. Annual reports . 184§ 10. Property restrictions . 185§ 11. Federal programs . 185§ 12. Allocation from fund . 185§ 13. Waivers. 186§ 14. Repeals . 187§ 15. Effective Date . 187Index . 189January 2020, Updated June 20208

IntroductionThis publication compiles Pennsylvania statutes that apply to public libraries inPennsylvania. The source for these laws is the Pennsylvania General Assembly’swebsite lic/).

[BLANK PAGE]January 2020, Updated June 202010

Title 24. PA. C.S. Education12Part VI. Libraries3Subpart A. Public Libraries4Chapter 93: Public Library Code5678910SubchapterA. General ProvisionsB. Public Library SystemC. State Aid to LibrariesD. Municipal Support for LibrariesE. Miscellaneous Provisions11Enactment. Chapter 93 was added November 1, 2012, P.L.1683, No.210, effective immediately.1213Special Provisions in Appendix. See section 2 of Act 210 of 2012 in the appendix to this title for specialprovisions relating to continuation of prior law.1415Cross References. Chapter 93 is referred to in section 1302 of Title 8 (Boroughs and IncorporatedTowns); section 13605 of Title 11 (Cities).16Subchapter A: General Provisions171819Sec.9301. Scope of chapter.9302. Definitions.20§ 9301. Scope of chapter.21This chapter relates to public libraries.22§ 9302. Definitions.2324The following words and phrases when used in this chapter shall have the meaningsgiven to them in this section unless the context clearly indicates otherwise:2526"Advisory council." The Advisory Council on Library Development established insection 9312 (relating to advisory council).2728"Basic standards." Standards promulgated by the State Librarian and approved bythe advisory council which are essential and must be achieved by:2930(1) A local library to qualify for State aid under sections 9334 (relating to qualitylibraries aid) and 9336 (relating to equal distribution grants).

12(2) A branch library or a bookmobile to qualify for the State aid under section9336.3456789"County library." Any local library or division of a local library which derivesincome from the commissioners of the county for the express purpose of making itsresources and services available without charge to all county residents and bringingdirect library service to those residents not served by other local libraries located withinthe same county. For the purposes of this chapter, a local library operating a distinctcounty library division shall be considered as two agencies, a local library and countylibrary, which are merged or conjoined.10"Department." The Department of Education of the Commonwealth.1112"Direct service area." The municipality to which the governing body of a library isresponsible for extending all its library services without charge.1314"Financial effort." The sum expended annually by a local library for theestablishment, operation and maintenance of library services, which:151617(1) Derives from local taxes, gifts, endowments and other local sources, as maybe provided under rules and regulations adopted by the advisory council.(2) Is used to determine eligibility for State aid.18192021"Financial effort equal to one-half mill." The financial effort equal to one-half milltimes the market value of taxable property, as determined by the State Tax EqualizationBoard, in the municipalities for which aid is claimed or in the direct service area of alocal library, whichever is applicable.22232425"Financial effort equal to one-quarter mill." The financial effort equal to onequarter mill times the market value of taxable property, as determined by the State TaxEqualization Board, in the municipalities for which aid is claimed or in the direct servicearea of a local library, whichever is applicable.2627"Internet." The international nonproprietary computer network of both Federal andnon-Federal interoperable packet-switched data networks.2829"Library system." A county-level or multicounty-level federation of at least twolocal libraries which:30(1) Serves at least 25,000 people.31(2) Has voluntarily agreed to participate in the federation.32(3) Has delegated the policymaking functions to a system board of directors.January 2020, Updated June 202012

12345"Local government support." Support from a municipality within a direct servicearea for the normal, recurring operating costs of a library or a library system serving thatdirect service area from appropriations, general purpose taxes, special library taxes ordirect payment of any library expense. The term shall not include costs of sharedservices, in-kind costs or employment program costs.6789"Local library." Any free, public, nonsectarian library, whether established andmaintained by a municipality or by a private association, corporation or group, whichserves the informational, educational and recreational needs of all the residents of thearea for which its governing body is responsible, by providing free access to:101112(1) An organized and currently useful collection of printed items and othermaterials, including free lending and reference services.(2) The services of a staff trained to recognize and provide for these needs.1314"Locality." Any city, borough, town, township or school district of the second, thirdor fourth class.151617"Minimum standards." Standards promulgated by the State Librarian andapproved by the advisory council which must be achieved by a local library or librarysystem to qualify for aid under section 9335 (relating to incentive for excellence aid).18"Municipal officers." Any of the following:19(1) The mayor and council of a city.20(2) The mayor and council of a borough or town.21(3) The commissioners or supervisors of a township.22(4) The commissioners of a county.2324(5) The board of school directors of a school district of the second, third or fourthclass.25"Municipality." Any county or locality which establishes or maintains a local library.2627282930"Per capita." Amounts per person residing in the direct service area of the locallibrary or library system determined on the basis of the most recent official United StatesCensus report for purposes of calculating payment under sections 9334 (relating toquality libraries aid), 9335 (relating to incentive for excellence aid), 9338 (relating todistrict library center aid) and 9340 (relating to equalization aid).3132"Surplus financial effort." The financial effort which is in excess of 5 per capitafor each person residing in the direct service area of the local library.January 2020, Updated June 202013

1Cross References. Section 9302 is referred to in section 13605 of Title 11 (Cities).2Subchapter B: Public Library 9316.9317.9318.9319.9320.14§ 9311. State Library and State Librarian.151617a) Appointment of State Librarian.-- The department shall appoint a suitablyqualified State Librarian to exercise the powers and duties set forth in this section, whoshall also serve as Deputy Secretary for Libraries.18(b) Powers and duties.--The State Librarian shall have the power and duty to:192021(1) Control, direct, supervise and manage the State Library as an agencyproviding information and fostering continuing education in the State educationprogram.22State Library and State Librarian.Advisory council.Statewide library resource centers.District library centers.Development of local libraries.Acquisition of real property for library purposes.County libraries and library taxes.Local library governance.Certification of library personnel.Collaborative ventures.(2) Maintain a law library as part of the State Library.23242526(3) Maintain a definitive, organized collection of all Commonwealth publicationsin the State Library, receive copies of all publications of all agencies of theCommonwealth and provide for the distribution of those publications to otherlibraries.272829(4) Designate selected academic or local libraries within this Commonwealth asState government document depository libraries under criteria and regulationsapproved by:30(i) The advisory council.313233(ii) The Joint Committee on Documents, in the case of documents publishedunder the act of July 31, 1968 (P.L.769, No.240), referred to as theCommonwealth Documents Law.34(5) Coordinate a Statewide system of local libraries.January 2020, Updated June 202014

1234(6) Establish service standards for local libraries applying for aid under sections9334 (relating to quality libraries aid) and 9335 (relating to incentive for excellenceaid), which standards shall recognize and encourage the use and development ofcurrent and emerging technologies and concern the following:5(i) Minimum standards for number and quality of library staff.6(ii) Resources of books and other materials.7(iii) Hours of operation.8(iv) Continuing professional development.9(v) Collections expenditures.10(vi) Physical facilities.1112(vii) Accessibility, including physical and electronic access to librarymaterials.1314(7) Advise local libraries, district library centers, Statewide library resourcecenters, municipalities and groups regarding:1516(i) The selection of books, cataloging and other details of librarymanagement.17(ii) The location of new local libraries.18(iii) Those items listed in paragraph (6).19(iv) The best means of establishing and administering a library.2021(8) Inspect local libraries, district library centers and Statewide library resourcecenters and require reports in any manner that the State Librarian deems proper.222324(9) Purchase and maintain a general collection of books, periodicals,newspapers, maps, slides, films and other library materials for the use of State andlocal governments, libraries and the public generally.252627(10) Make available all library materials of the State Library for circulation tolocal libraries and the public generally under rules and regulations promulgated bythe State Librarian.28(11) Promote and demonstrate library services throu

1 (2) A branch library or a bookmobile to qualify for the State aid under section 2 . 9336. 3 "County library." Any local library or division of a local library which derives 4 income from the commissioners of the county for the express purpose of making its 5 resources and services available without charge to all county residents and bringing