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of the Commonwealth of Pennsylvania

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    Laws & Regulations

    Library Laws

    The Public Library Code directs the Pennsylvania Department of Education to appoint a State Librarian to serve as its Deputy Secretary for Libraries.  The Deputy Secretary is responsible for the operation and maintenance of the State Library of Pennsylvania and the coordination of a statewide system of local (public) libraries.  

    The Public Library Code also establishes the Governor’s Advisory Council on Library Development and a system of financial aid for public libraries that meet requirements established by the Public Library Code and Pennsylvania Code regulations.  

    A compilation of library laws may be found in:

    In addition to the Public Library Code, other statutes also affect libraries. These include:

    1. Public School Code and Fiscal Code – How state aid, or Public Library Subsidy funds, are distributed for specific years;
    2. Child Internet Protection Act – Requires schools and public libraries to have an acceptable-use policy for Internet use;
    3. Title 18. PA. C.S. Crimes and Offenses – Defines library theft, prosecution for overdue materials, and offenses against public order and decency;
    4. Title 23. PA. C.S. Domestic Relations (Child Protective Services Act) – Mandates suspected child abuse reports from library workers and volunteers.  (The website Keep Kids Safe provides information on complying with these laws;) and
    5. Keystone Recreation, Park and Conservation Fund Act – Establishes a grant program for the planning, acquisition, development, and rehabilitation of public libraries.

    Library Regulations

    The Pennsylvania Code contains the state's library regulations found at 22 Pa. Code §§ 131 - 143.  These regulations are necessary to implement the statutory provisions contained in the Public Library Code found at 24 Pa. C.S. §§ 9301-9376. The regulations include library standards, certification and continuing education requirements, and requirements for the submission of plans for the use of state aid. 

    PART IX. State Library and Advisory Council on Library Development
      Subpart A. State Library
        Chapter 131. General Provisions; State Aid   
        Chapter 133. Certification of Library Personnel   
        Chapter 135. Library Traineeships   
        Chapter 137. Use of the State Library   
      Subpart B. Advisory Council on Library Development
        Chapter 141. Plans for the Use of State Aid   
        Chapter 142. Grants for Public Library Facilities   
        Chapter 143. State Document Depositories   

    Back​ground

    Enacted in 2012, the Public Library Code provides laws related to the State Library of Pennsylvania and public libraries in Pennsylvania (24 PA. C.S. Education. Chapter 93.) 

    The Pennsylvania Code contains library regulations (22 PA Code §§ 131 - 143.)  Regulations explain how the Public Library Code is implemented.

    Guidelines are also approved by the Governor’s Advisory Council on Library Development.  Guidelines provide more detailed procedures for implementation of library laws, regulations, and official statements of policy from the Pennsylvania Department of Education.

    Regulatory or guideline language, when read in tandem with The Public Library Code, may conflict with language contained in The Public Library Code.  When this occurs, the statutory language contained in the Public Library Code always controls and takes precedence. In the absence of any statutory language, regulatory language that conflicts with a guideline takes precedence.

    For example, the regulation found at 22 Pa. Code §141.21 (2)(ii)(C) provides that local libraries serving populations of 25,000 or less must be open at least 35 hours per week. However,  amendments to The Library Code that were codified in The Public Library Code in 2012 resulted in statutory language that requires libraries that receive Incentive for Excellence Aid to be open at least 45 hours per week as found in 24 Pa.C.S. § 9335(b)(3)(i). This creates conflicting language.  As a result, the 45-hour statutory requirement found in The Public Library Code prevails over the 35-hour regulatory requirement.

    Inconsistencies like this and other outmoded regulations have prompted the Office of Commonwealth Libraries to begin an extensive review of library regulations.  Before being adopted, all revised or new regulations proposed by the Office of Commonwealth Libraries will undergo a lengthy Independent Regulatory Review Commission review process that will include several opportunities for public comment and input. This process is likely to take a few years.