Chapter 211
2010 -- S 2181 SUBSTITUTE A
Enacted 06/25/10
A N A C T
RELATING TO LIBRARIES
Introduced By: Senators Bates, and Gallo
Date Introduced: February 09, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 29-3.1-1, 29-3.1-4.1, 29-3.1-5,
29-3.1-6, 29-3.1-7, 29-3.1-8 and
29-3.1-13 of the General
Laws in Chapter 29-3.1 entitled "Office of State Library and
Information Services"
are hereby amended to read as follows:
29-3.1-1.
Office of library and information services. --
Within the department of
administration there shall be an office of library and information
services under the direction of a
chief information officer of library services
who shall be appointed by the director of
administration. with the approval of the governor. The office
is hereby empowered to cooperate
with the secretary of education institute of
museum and library services of the
library and information services within this state. The
office is hereby designated as the agency
for the administration of any plan or plans heretofore or
hereafter formulated in conformity with
any act or acts of congress and is authorized to
administer any such plan or plans and to enter into
such agreements with the secretary of education institute
of museum and library services of the
United States of America as may be from time to time required
under this chapter or any acts or
act of congress, and from time to time amend any plan or
plans, except any plan, or plans, or
agreements, formulated or entered into or to be administered by
the board of regents, board of
governors, or the secretary of state.
29-3.1-4.1.
Powers and duties of library board. -- (a) The library board shall
communicate with and seek the advice of the chief information
officer of library services and all
those concerned with and affected by its determinations as
a regular procedure in arriving at its
conclusions and in setting policy. The library board, however,
shall not engage in the operation or
administration of any library.
(b) The library board
shall have the following powers and duties:
(1) To approve a
systematic program of information gathering, processing, and an
analysis addressed to every aspect of public library
development and interlibrary cooperation and
resource sharing in this state, especially as that information
relates to current and future library
and information service needs, so that current needs may
be met with reasonable promptness and
plans formulated to meet future needs as they arise in the
most efficient and economical manner
possible;
(2) To approve a master
plan defining broad goals and objectives for public library
development and interlibrary cooperation and resource sharing in
the state. These goals and
objectives shall be expressed in terms of the library and
information services to which individuals
will have access. The library board shall continually
evaluate the efforts and results of the library
and information services in the light of these
objectives;
(3) To approve board
policy to implement the goals and objectives established and
adopted by the library board from time to time; and to adopt
and require enforcement of standards
and regulations for public library services and
interlibrary cooperation and resource sharing;
(4) To determine
priorities of expenditures of state revenues and other public resources
made available for the support of public library
development and interlibrary cooperation and
resource sharing purposes; provided that nothing contained in
this subsection shall authorize the
library board to alter the allocation of grants or aid
otherwise provided by law;
(5) To approve annually
the program for the use of federal funds submitted to the United
States department of education institute of
museum and library services;
(6) To establish such
committees as necessary or desirable for the conduct of any or all
aspects of public library development and interlibrary
cooperation and resource sharing, and to
determine all powers and functions as well as composition of
committees established and to
dissolve the committees when their purpose shall have been
fulfilled; provided that nothing
contained in this paragraph shall be construed to grant the
library board the power to establish
subcommittees performing the duties and functions of local boards
of trustees;
(7) To exercise the
following functions, powers, and duties:
(i)
To be responsible for the distribution of state aid funds for public library
development
and interlibrary cooperation and resource sharing;
(ii) To approve
standards and regulations for public library development and interlibrary
cooperation and resource sharing;
(iii) To enforce the
provisions of all laws relating to public library services and
interlibrary cooperation and resource sharing; and
(iv)
To decide and determine appeals from decisions relating to libraries of
the chief
information officer of
library services;
(8) To exercise all
other powers with relation to the field of public library development
and interlibrary cooperation and resource sharing within
this state not specifically granted to any
other department, board, or agency, and not incompatible
with law, which the library board may
deem advisable;
(9) To otherwise
promote maximum efficiency and economy in the delivery of public
library services and interlibrary cooperation and resource
sharing in the state; and
(10) To submit within
ninety (90) days after the end of each fiscal year, an annual report
to the governor, the speaker of the house of
representatives, the president of the senate, and the
secretary of state of its activities during that fiscal year.
The report shall provide: an operating
statement summarizing meetings or hearings held, and meeting
minutes, subjects addressed,
decisions rendered, rules or regulations promulgated, studies
conducted, policies and plans
developed, approved or modified, and programs administered or
initiated; a consolidated
financial statement of all funds received and expended including
the source of the funds, a listing
of any staff supported by these funds and a summary of
any clerical, administrative or technical
support received; a summary of performance during the
previous fiscal year including
accomplishments, shortcomings and remedies; a synopsis of hearings,
complaints, suspensions or
other legal matters related to authority of the council; a
summary of any training courses held
pursuant to the provisions of chapter 3.1 of title 29; a
briefing on anticipated activities in the
upcoming fiscal year; and findings and recommendations for
improvements. The report shall be
posted electronically on the general assembly and secretary
of state's websites as prescribed in
section 42-20-8.2. The director of the department of administration
shall be responsible for the
enforcement of the provisions of this subsection.
(11) To conduct a
training course for newly appointed and qualified members within six
(6) months of their
qualification or designation. The course shall be developed by the chair of the
board, approved by the board, and conducted by the chair of
the board. The board may approve
the use of any board or staff members or other
individuals to assist with training. The training
course shall include instruction in the following areas: the
provisions of chapters 42-46, 36-14,
and 38-2; and the board's rules and regulations. The
director of the department of administration
shall, within ninety (90) days of the effective date of
this act [March 31, 2006] prepare and
disseminate training materials relating to the provisions of
chapters 42-46, 36-14 and 38-2.
29-3.1-5.
Chief information officer -- Appointment. --
Chief of library services –
Appointment and
qualifications. -- There is a chief information officer to be
appointed by the
director of administration with approval of the governor. The director of administration shall
appoint a chief of library services.
29-3.1-6.
Compensation of chief information officer. --
Compensation of chief of
library services. -- The chief information officer of library services of
the office of library and
information services
shall be in the classified service and his or her salary shall be
established in
accordance with the terms of the pay plan for classified employees. in the
unclassified service of
the state and shall receive such salary as the director
of administration with the approval of the
governor may determine.
29-3.1-7.
Duties of chief information officer. --
Duties of chief of library services. --
The chief information officer of library
services shall be the executive and administrative officer
in charge of the office of library and information
services. The position of chief information
officer shall be in the unclassified service of the state.
and he or she The chief of library
services
shall serve as the chief executive officer of the library
board. The chief information officer of
library services
shall also carry out the duties required by this chapter and by chapters 5 and
6 of
this title. In addition to the general supervision of the
office of library and information services
and the appointment of the several officers and employees
of the office, it shall be the duty of the
chief information officer of library services:
(1) To develop a
systematic program of information gathering, processing, and analysis
addressed to every aspect of public library development and
interlibrary cooperation and resource
sharing in this state, especially as that information relates
to current and future library and
information service needs, so that current needs may be met with
reasonable promptness and
plans formulated to meet future needs as they arise in the
most efficient and economical manner
possible;
(2) To develop a master
plan defining board goals and objectives for public library
development and interlibrary cooperation and resource sharing in
the state. These goals and
objectives shall be expressed in terms of the library and
information services to which individuals
will have access;
(3) To communicate with
and seek the advice of those concerned with and affected by
the library board's determinations;
(4) To develop and
implement board policy as it pertains to the goals and objectives
approved by the library board from time to time;
(5) To enforce
standards and to exercise general supervision over interlibrary
cooperation and resource sharing in the state;
(6) To develop annually
the program for the use of federal funds that is submitted to the
department of education institute of museum and library services;
(7) To supervise the
operation of the office of library and information services as defined
elsewhere in this title and such other additional duties and
responsibilities as may be assigned by
the library board from time to time; and
(8) To supervise the
following functions:
(i)
To distribute state funds for public library development and interlibrary
cooperation
and resource sharing in accordance with law and
regulations of the library board;
(ii) To develop
standards and regulations for public library development and interlibrary
cooperation and resource sharing;
(iii) To certify that
public library standards and services are in accordance with law and
regulations of the library board;
(iv)
To require the observance of all laws relating to public library
services and
interlibrary cooperation and resource sharing;
(v) To interpret
library law;
(vi)
To give assistance, advice, and counsel to public libraries and to
participants in
interlibrary cooperation and resource sharing activities;
(vii) To require that
information and statistics necessary to do the work of the office of
library and information services be collected, to publish
findings and reports thereon;
(viii) To provide
eligible persons who are impaired, blind, reading impaired and/or
physically impaired with library services through the talking
books plus, in cooperation with the
library of congress national library service for the blind
and physically handicapped;
(ix) To cooperate with
the commissioner of elementary and secondary education in
supporting and encouraging effective school library media
services and their integration into
statewide library networking activities;
(x) To cooperate with
the state librarian and the state law librarian in strengthening
services to library users;
(xi) To cooperate with
the commissioner of higher education in supporting and
encouraging effective library services through the state system
of higher education; and
(xii) To coordinate
with all other state departments and agencies in the provision of
library services to state government and to the public.
29-3.1-8.
Gifts, donations, and funds. -- The chief information
officer of library
services may accept donations of funds or property, real or
personal for the office of library and
information services and in his or her discretion, with the
approval of the library board, shall hold
the donations in the form in which they were given for
the purposes of the office of library and
information services, or dispose of them, with any financial
benefits accruing to the office of
library and information services. The chief information
officer of library services shall be the
authorized agent to accept, receive, and administer, with the
approval of the library board, any
and all funds, moneys, or library materials granted,
furnished, provided, appropriated, and/or
dedicated or made available by the
commissions, boards, bureaus, or agencies for library services in
the state of
than funds, moneys, or library materials granted,
furnished, provided, appropriated, and/or
dedicated or made available directly to any agency or
institution. The chief information officer of
library services
shall turn over to the general treasurer for proper custody and safekeeping all
the
funds paid to the state from the federal treasury or other
donating agency, and the general
treasurer shall disburse these funds solely for the purpose
provided by the original grantor upon
orders drawn by the state controller upon his or her receipt
of duly authenticated vouchers. Any
funds lost or diverted from the purposes for which paid by
the
repaid by the state to the
29-3.1-13.
Transfer of responsibilities. -- (a) Whenever, in any general or public law,
there shall appear the words "department of state
library services" or "state library services," such
words shall be deemed to refer to and to mean the
"office of library and information services."
Whenever, in any general or public law, there shall
appear the words "director of library
services," such words shall be deemed to refer to and to
mean the "chief information officer of
library services."
(b) In addition to
the powers and duties otherwise granted, the chief information officer
shall supervise those functions of the Department of
Administration described in subsections (u)
and (v) of section 42-11-2 and such functions relating to
library and/or information services
described in section 42-11-2(w).
SECTION 2. Sections 29-6-2, 29-6-3, 29-6-5, 29-6-6, 29-6-8
and 29-6-9 of the General
Laws in Chapter 29-6
entitled "State Aid to Libraries" are hereby amended to read as
follows:
29-6-2.
Public library services. -- (a) For
each city or town, the state's share to support
local public library services shall be equal to at least
twenty-five percent (25%) of both the
amount appropriated and expended in the second preceding
fiscal year by the city or town from
local tax revenues and funds from the public library's
private endowment that supplement the
municipal appropriation; provided, however, the state in any
year shall not be obligated to match
any amount from the endowment that exceeds six percent
(6%) of the three (3) year average
market value, calculated at the end of the calendar year, of
the investments in the endowment.
The amount of the grant payable to each municipality
in any year in accordance with this section
shall be reduced proportionately in the event that the
total of those grants in any year exceeds the
amount appropriated that year for the purposes of this
section. Provided further, however, that the
reference year for the state's share of support to be paid in
the year ending June 30, 2008 shall be
the third preceding year.
(b) Those public
libraries that do not qualify for aid pursuant to the provisions of
subsection (a) of this section may apply for resource sharing
grants, to be used exclusively for the
purpose of payment of the cooperating libraries automated
network (CLAN) the ocean state
libraries (OSL)
annual assessment charges. Eligible public libraries shall apply directly to
the
office of library and information services for these
resource sharing grants, and the grants shall be
awarded to the libraries individually, rather than to the
city or town. Eligible libraries must be or
become members of the CLAN OSL upon receipt of
the grant, serve municipalities that meet
minimum standards for
the library of Rhode Island (LORI) network.
(c)
Provided, that notwithstanding any other provisions of this chapter to the
contrary,
the state's share to support local public library
services shall also include funding to the
Free Library in the city of cooperating libraries
automated network (CLAN)
ocean state libraries (OSL). Such funding shall be provided
regardless of whether the city of
library. The amount of said state support shall be equal to
the average of the amount appropriated
by the city of CLAN OSL
program, in accordance with the provisions of and formulas
set forth in subsection (a) herein.
Provided, further, that in the event the city of
revenues for the Pontiac Free Library, then the amount of the
state's share to said library shall be
calculated in accordance with the provisions of subsection (a)
herein for any year in which such
calculation is applicable.
29-6-3.
Eligibility requirements -- Municipalities. -- (a)
To qualify for state aid under
section 29-6-2, a city or town shall:
(1) Appropriate from
local tax revenues an amount not less than the amount appropriated
the previous year from local tax revenues and expended
for library operating expenses, except in
the fiscal years ending June 30, 2009 and June 30, 2010,
during which the amount appropriated
from local tax revenues is not less than eighty percent
(80%) of the amount appropriated from the
previous year from local tax revenues and expended for library
operating systems. The
appropriation would exclude any state funds received for public
library services. Any funds
received from the state shall not be used to supplant funds
from local tax revenues;
(2) In the case of a
city or town having more than one free public library therein, submit
or cause to be submitted to the office of library and
information services a plan for the allotment
or division of the proposed state aid among the free
public libraries in the city or town. The plan
shall be developed by agreement among the free public
libraries of the city or town;
(3) Submit or cause to
be submitted to the office of library and information services
evidence that free public libraries in the city or town meet
standards of service as set forth in
regulations to be made by the director of state library
services chief of library services pursuant to
the provisions of chapter 3.1 of this title or that the
regulations are inappropriate for that library;
(4) Submit or cause to be
submitted a plan describing how the public library or libraries
plan to address one or more of the priorities established
by the office of library and information
services.
(b) The director of
the office of library and information services chief of library
services
upon application and for cause shown may authorize an
annual grant-in-aid under section 29-6-2,
or a portion thereof, to a city or town not fully
meeting the requirements set forth in paragraphs
(1) -- (3) of this subsection.
(c) Decisions as to the
eligibility of cities and towns for grants-in-aid under this chapter,
and the amounts of the grants-in-aid, shall be made by
the director of the office of library and
information services chief
of library services.
(d) The director of
the office of library and information services chief of library services
shall require a preservation plan from any public library
which receives an appropriation from the
state of
coming fiscal year. The plan shall include, but not be
limited to: condition of materials,
assessment of building and environmental controls, and
preservation measures to be taken.
(e) The director of
the office of library and information services chief of library services
shall require a disaster preparedness plan from any public
library which receives an appropriation
from the state of Rhode Island which states the plan of
action to be taken in the event of a natural
or human made disaster. The plan shall be in accordance
with a suggested plan published by the
office. The plan shall be submitted no later than January 1,
1993 and shall be updated yearly.
29-6-5.
Cooperative library services. -- (a) Any city or town may enter into an
agreement with another city or town, or more than one other, to
establish or maintain free public
library service, or one or more aspects thereof to citizens
therein, and those agreements for
cooperative library service shall be valid when approved and
accepted by the boards of trustees or
other governing bodies of the libraries concerned, and by
the respective city or town councils of
the cities and towns parties to the agreement, and signed
by the appropriate library officers and
city or town officials thereunto authorized.
(b) Agreements for
cooperative library service may be entered into by and between two
(2) or more free public
libraries, whether or not they are in the same city or town; provided,
however, in the case of a free public library established or
existing under the provisions of section
29-4-1, the agreement shall not be valid until it has
been approved and accepted by the council of
the city or town where the library is located.
(c) These agreements
shall be reported to the department of state library services office
of library and information services, and such appropriate and equitable adjustments in
annual
grants-in-aid under this chapter shall be made as the circumstances
may require.
29-6-6.
Construction and capital improvements. -- The department
of state library
services office of library and information services may
cause to be paid to a city or town
treasurer, or to any free public library in the state, such a
grant-in-aid for the construction and
capital improvement of any free public library as the director
of state library services chief of
library services
may determine is necessary and desirable to provide better free library
services to
the public, which shall be paid in accordance with the
following provisions:
(1) No grant-in-aid
shall be made unless the city or town receiving the grant-in-aid shall
cause to be appropriated for the same purpose an amount
from its own funds and not from any
federal grant or other federal financial assistance equal to
or more than the state grant-in-aid, or
unless funds from private sources are dedicated for the same
purpose in an amount equal to or
more than the state grant-in-aid, or unless the total of
the city or town appropriation and the funds
from private sources for the same purpose is equal to or
more than the state grant-in-aid.
(2) The state
grant-in-aid may be paid in installments over a period of years up to a
maximum of twenty (20) years, beginning in the fiscal year
during which the project is accepted
by the department of state library services office
of library and information services. Whenever a
grant-in-aid is paid on the installment basis permitted herein,
there shall be included in the state
grant-in-aid the interest cost actually incurred by the city or
town, or any free public library, as a
result of its having to borrow the state's portion of the
total cost of the library project. The amount
of this interest cost shall be computed on the actual
interest cost paid by the city or town, or free
public library, less any applicable accrued interest,
premiums, and profits from investments, over
the period of time elapsing between the date borrowed
funds are made available and the date of
the last installment payment of the state grant-in-aid.
Interest cost incurred by the city or town, or
any free public library, as a result of having to borrow
its portion of the total cost of the library
project shall not be considered a part of the total cost of
the project for the purposes of matching
provided for in paragraph (1) of this section. Nothing
contained herein shall prohibit the
department of state library services office of library and information services
from accelerating
the schedule of annual installments, or from paying the
balance due of the state's grant-in-aid in a
lump sum; provided, however, that the state grant-in-aid
in any fiscal year shall include no less
than one-twentieth (1/20) of the state's total
reimbursable principal obligations.
29-6-8.
Eligibility requirements -- Institutions. -- (a) To qualify for state aid under
section 29-6-7, an institution shall:
(1) Allocate from its
appropriation an amount not less than the amount allocated and
expended the previous year for operating expenditures to
support library services for residents or
students; and
(2) Submit or cause to
be submitted to the department of state library services office of
library and information services evidence that the library or libraries in the
institution meet
standards of service as set forth in regulations to be made by
the director of state library services
chief of library services pursuant to the provisions of chapter 3.1 of this title.
(b) Any funds received
from the state under this program shall not be used to supplant
funds from other sources.
(c) The director of
state library services chief of library services, upon application
and
for cause shown, may authorize an annual grant-in-aid
under section 29-6-7, or a portion thereof,
to an institution not fully meeting the requirements set
forth in subsections (a) and (b) of this
section.
(d) Decisions as to the
eligibility of institutions for grants-in-aid under this chapter, and
the amounts of the grants-in-aid, shall be made by the director
of state library services chief of
library services.
29-6-9.
information needs and interests, office of library and
information services is hereby authorized to
establish a library Library
network, hereafter referred to as the library of Rhode
Island network (LORI), to be administered by the
office of library and information services for
the purpose of maintaining, promoting, and developing a
program of statewide resource sharing
and interlibrary cooperation. The office of library and
information services shall include as part of
its budget a budget for the administration and operation
of the
(1) Provide central
support services for the library of
materials, telecommunications, consultant services, resource
sharing and access to bibliographic
and other information sources;
(2) Reimburse libraries
for the actual cost of providing services to individuals outside the
library's primary clientele; and
(3) Support the
development, maintenance of, and access to the resource sharing
potential embodied in specialized collections and services at
the
other libraries which can be provided most cost-effectively
on a statewide basis.
(b) By fiscal year
2000, the state shall provide from state and federal revenue sources
one hundred percent (100%) of the funding for the
following statewide library services:
(1) Reference resource
center at the
(2) Interlibrary
delivery system;
(3) Interlibrary
telecommunications system;
(4) Electronic
interlibrary loan system; and
(5) Statewide catalog
of all library holdings.
(6) [Deleted by P.L.
1996, ch. 100, art. 29, section 1.]
(c) Notwithstanding the
provisions of subsection (b), the funding for the statewide
library catalog and the statewide access to databases shall
be subject to appropriation by the
general assembly. The duty imposed upon the office of state
library and information services to
create and maintain a statewide library catalog and provide
statewide access to databases shall be
subject to appropriation by the general assembly.
SECTION 3. This act shall take effect upon passage.
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