The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa. C.S. Chapter 93 (relating to Public Library Code). The regulations weren't updated to match the Library Statute when it was written in 2012. The existing language refers to the previous code and was focused on a way of funding and regulating libraries that is not reflective of the spirit and priorities of the new Statute, nor is it appropriate support and guidance for 21st century libraries and library services.
The standards and practices outlined in existing regulations are outdated and conflict with direction in the 2012 Statute. Since even before adoption of the new Statute, local libraries that receive State aid have been vocal about the challenges they encounter in reconciling the differences between what they do and the regulations’ references to arcane practices in library service. The primary focus of these new regulations are the standards for eligibility to receive State aid. This update clarifies the intentions of the Statute and simplifies the standards necessary for receipt of State aid. Additionally, we have attempted to focus the new regulations on the future, creating a platform for guidance that can adjust as library practices evolve.
Additionally, the arrangement of the existing regulations does not align in any way with the arrangement of the Statute and were split into two sections, which exacerbated the difficulties in identifying and understanding the direction provided. The work to clarify the 2012 Statute and the resulting new regulations reflect more than a year’s worth of continuous work within the Office of Commonwealth Libraries and collaborative input and feedback from our Governor’s Advisory Council, the Pennsylvania Library Association and a wide range of leaders and practitioners from all the Commonwealth’s public libraries.
The arrival of new staff in the Office of Commonwealth Libraries, from the State Librarian through the whole of Library Development, has produced the necessary capacity for promulgating the new regulatory language. In addition, as the new OCL staff were recruited from the library field in Pennsylvania, the team working on the regulations had helpful insight into the intentions of the 2012 statute and the most problematic parts of the regulations. The new language was produced by an intensive study of the 2012 statute, a thorough review of the existing regulations, and a study of other states’ laws and regulations over many months of work by the professional staff of OCL: the Library Development Director, State Aid Administrator, State Data Coordinator with assistance from Statewide Services Advisor and the State Librarian. The work on the new regulations was reviewed and assisted by a small committee of librarians from the field, PA Library Association, and Governor’s Advisory Council leadership.
The definitions in the new regulations were geared to clarify and update terms in the Statute such as which specific agencies are considered local libraries for purposes of receiving State aid and what additional information can be found in guidance promulgated by the Governor’s Advisory Council on Library Development and what further direction will be found in policies and procedures provided by the Office of Commonwealth Libraries. This new arrangement, with detailed instructions for compliance and decision-making in supplementary documents will ensure the new regulations will not be outdated as quickly as they would if they were inclusive of those details.
February - December: Committee reviewed the statutory and regulatory issues and developed plan and timeline for action.
January - August: Bureau of Library Development work group closely studied the statute and developed recommendations for new regulations.
August: Annex A (new draft regulations) written.
September: PA Code and Bulletin reviewed the draft.
September - January: PDE Policy and Legal reviewed the draft.
February – April: Exposure draft shared with library field and feedback solicited.
April – May: Work group processes feedback and makes edits as necessary.
June – July: Submit draft language, preamble and regulatory analysis form (RAF). Clock starts ticking on IRRC process. Deadline of 2 years (June of 2026). Timing depends on public comment.