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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EDUCATION AND LIBRARIES
Chapter : Chapter 181 State Library
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The Missouri state library shall be under the control of the
secretary of state and operated under rules and regulations promulgated
by the secretary of state. The secretary of state shall:
(1) Direct the survey of services given by libraries which may be
established or assisted under any law for state grants-in-aid to
libraries;
(2) Further the coordination of library services furnished by the state
with those of local libraries and other educational agencies;
(3) Publish an annual report showing conditions and progress of public
library service in Missouri;
(4) Furnish information and counsel as to the best means of establishing
and maintaining libraries, the selection of materials, cataloging, and
other details of library management; provide assistance in organizing
libraries or improving service given by them and assist library services
in state institutions;
(5) Receive and administer grants from the United States under any act of
Congress for public libraries, or other types of library service, and
make rules and regulations in connection with such grants as may be
necessary or required in the administration thereof;
(6) Receive gifts of money, books or other property which may be used or
held in trust for the purposes given;
(7) Administer state grants-in-aid and encourage local support for the
betterment of local library service and generally promote an effective
statewide public library system;
(8) Procure and disseminate information by any means necessary within the
state among individuals, communities, libraries, schools, charitable and
state institutions, state departments and other organizations;
(9) Administer the Wolfner Library for the blind and physically
handicapped and ensure library services to the eligible blind and
physically handicapped residents of this state;
(10) Appoint members to the secretary of state's council on library
development, as set forth in section 181.022. (L. 1955 p. 562 § 4, A.L.
1991 S.B. 197, A.L. 1995 S.B. 14, A.L. 2004 H.B. 1347)
1. The secretary of state shall create the "Secretary's Council
on Library Development" to advise the secretary of state and the state
library on matters that relate to the state's libraries and library
service to Missouri citizens, to recommend to the secretary of state and
the state library policies and programs relating to libraries in the
state, and to communicate the value of libraries.
2. Members of the secretary's council on library development shall serve
three-year terms, to be served on a rotating basis as shall be
established by the secretary of state.
3. The members of the secretary's council on library development shall be
appointed by the secretary of state, to include members of the house of
representatives, members of the senate, representatives of the public and
of libraries, trustees of Missouri libraries, and users of the state
libraries. (L. 2004 H.B. 1347)
All moneys received by the state from the United States under
any act of Congress for public library service purposes shall be
deposited in the state treasury to the credit of the general revenue
fund. Moneys for public library service purposes shall be disbursed in
accordance with requisitions of the state library. (L. 1957 p. 428, A.L.
1991 S.B. 197)
Effective 7-1-93
The state library may provide bookmobile service either from
headquarters in Jefferson City or from area libraries or county, regional
or city libraries or other types of extension service. (L. 1955 p. 562 §
6)
The headquarters of the state library shall be in Jefferson City
in adequate and suitable quarters provided by the office of
administration. (RSMo 1939 § 14736, A.L. 1945 p. 1132 § 14735, A.L. 1991
S.B. 197)
Prior revisions: 1929 § 13437; 1919 § 7180; 1909 § 8176
Effective 7-1-93
The secretary of state shall appoint a state librarian who shall
administer the affairs of the Missouri state library under the rules and
regulations of the secretary of state and who shall serve at the pleasure
of the secretary of state. The state librarian shall be a graduate of an
accredited college or university, and be graduated from an accredited
library school, and shall have library experience. The state librarian
shall appoint the personnel in connection with the various activities of
the state library, subject to the approval of the secretary of state. The
provisions for appeals provided in section 36.390, RSMo, for dismissals
of regular merit employees shall apply to the employees of the state
library, that all staffs presently employed must be transferred as
regular state employees.
(L. 1955 p. 562 § 5, A.L. 1991 S.B. 197)
Effective 7-1-93
All expenses of the state librarian and the other personnel of
the state library shall be certified and paid in the same manner as
expenses and personnel are paid in state departments or divisions. (L.
1955 p. 562 § 6)
1. The general assembly may appropriate moneys for state aid to
public libraries, which moneys shall be administered by the state
librarian, and distributed as specified in rules and regulations
promulgated by the Missouri state library, and approved by the secretary
of state.
2. At least fifty percent of the moneys appropriated for state aid to
public libraries shall be apportioned to all public libraries established
and maintained under the provisions of the library laws or other laws of
the state relating to libraries. The allocation of the moneys shall be
based on an equal per capita rate for the population of each city,
village, town, township, urban public library district, county or
consolidated library district in which any library is or may be
established, in proportion to the population according to the latest
federal census of the cities, villages, towns, townships, school
districts, county or regional library districts maintaining public
libraries primarily supported by public funds which are designed to serve
the general public. No grant shall be made to any public library which is
tax supported if the rate of tax levied or the appropriation for the
library should be decreased below the rate in force on December 31, 1946,
or on the date of its establishment. Grants shall be made to any public
library if a public library tax of at least ten cents per one hundred
dollars assessed valuation has been voted in accordance with sections
182.010 to 182.460, RSMo, or as authorized in section 137.030, RSMo, and
is duly assessed and levied for the year preceding that in which the
grant is made, or if the appropriation for the public library in any city
of first class yields one dollar or more per capita for the previous year
according to the population of the latest federal census or if the amount
provided by the city for the public library, in any other city in which
the library is not supported by a library tax, is at least equal to the
amount of revenue which would be realized by a tax of ten cents per one
hundred dollars assessed valuation if the library had been tax supported.
Except that, no grant under this section shall be affected because of a
reduction in the rate of levy which is required by the provisions of
section 137.073, RSMo.
3. The librarian of the library together with the treasurer of the
library or the treasurer of the city if there is no library treasurer
shall certify to the state librarian the annual tax income and rate of
tax or the appropriation for the library on the date of the enactment of
this law, and of the current year, and each year thereafter, and the
state librarian shall certify to the commission of administration the
amount to be paid to each library.
4. The balance of the moneys shall be administered and supervised by the
state librarian who may provide grants to public libraries for:
(1) Establishment, on a population basis to newly established city,
county city/county or consolidated libraries;
(2) Equalization to city/county. urban public, county or consolidated
libraries;
(3) Reciprocal borrowing;
(4) Technological development;
(5) Interlibrary cooperation;
(6) Literacy programs; and
(7) Other library projects or programs that may be determined by the
local library, library advisory committee and the state library staff
that would improve access to library services by the residents of this
state.
Newly established libraries shall certify through the legally established
board or the governing body of the city supporting the library and the
librarian of the library to the state librarian the fact of
establishment, the rate of tax, the assessed valuation of the library
district and the annual tax yield of the library. The state librarian
shall then certify to the commissioner of administration the amount of
establishment grant to be paid to the libraries and warrants shall be
issued for the amount allocated and approved. The sum appropriated for
state aid to public libraries shall be separate and apart from any and
all appropriations made to the state library. (L. 1945 p. 1132 § 14736a,
A.L. 1955 p. 562 § 7, A.L. 1959 S.B. 159, A.L. 1981 S.B. 232, A.L. 1987
H.B. 179 & 307, A.L. 1991 S.B. 197)
Effective 7-1-93
1. The general assembly may appropriate moneys to any library
which is designated by the National Library Service for the Blind and
Physically Handicapped, Library of Congress, with the concurrence of the
state librarian, as a regional or subregional library to furnish library
service to eligible blind and physically handicapped citizens as defined
in Public Law 89-522 (1966).
2. The state librarian shall administer the library service for the blind
and physically handicapped, and request an annual operating budget for
regional or subregional libraries providing services to the blind and
physically handicapped as defined in Public Law 89-522 (1966), and shall
monitor services and activities from any library in Missouri which may be
designated by the National Library Service for the Blind and Physically
Handicapped, Library of Congress, with the concurrence of the state
librarian, as a subregional library for the blind and physically
handicapped.
(L. 1963 p. 356 §§ 1, 2, 3, A.L. 1972 S.B. 590, A.L. 1974 S.B. 541, A.L.
1991 S.B. 197)
Effective 7-1-93
1. As used in sections 181.100 to 181.130 the following terms
shall mean, unless the context requires otherwise:
(1) "Agency", each department, office, commission, board, or other
administrative office or unit of state government;
(2) "Electronic repository", a collection of electronic publications kept
in a secure environment with adequate backup to protect the collection;
(3) "Format", any media used in the publication of state information
including electronic, print, audio, visual, and microform;
(4) "Participating libraries", a library selected by the secretary of
state to assist the public in locating and using state publications in
any format; and designated to house and make available to the public
publications which agencies have produced in print;
(5) "Publications", the information published by agencies intended for
distribution to the legislature, agencies, political subdivisions,
nonprofit organizations or broad distribution to the public, including
publications issued electronically or in other formats;
(6) "State publications access program", a program to provide access to
state publications for all citizens of Missouri through a secure
repository of electronic publications available to the public through
electronic networks and print collections located in libraries throughout
Missouri.
2. Other provisions of law to the contrary notwithstanding, all state
agencies required to issue and distribute multiple-produced annual,
biannual, or periodic reports shall distribute such reports without
charge only to those persons and offices listed in subsection 4 of this
section. For the purposes of sections 181.100 to 181.130, the word
"report" means a state publication which is either a printed statement by
a state agency, issued at specific intervals, which describes its
operations and progress, and possibly contains a statement of its future
plans; or a formal, written account of an investigation given by a person
or group delegated to make the investigation. Such reports shall not be
distributed to any other person, including members of the general
assembly, state officeholders, other state agencies, divisions or
departments, or to members of the public, except upon request.
3. No report described in subsection 2 of this section shall be
distributed free of charge to any person or office, except as provided in
subsection 4 of this section. Each recipient of any such report shall pay
the cost of printing and postage, which cost shall be determined by the
issuing agency prior to distribution of the document.
4. Each agency of state government which distributes annual, biannual, or
periodic reports printed in paper shall provide such copies of each such
document free of charge to the state library as the state library shall
specify, along with a statement of the cost and address where additional
copies of such report may be requested. Two copies of all reports shall
be provided to the legislative library, one copy to the chief clerk of
the house of representatives, one copy to the secretary of the senate,
one copy to the supreme court library and one copy to the governor. (L.
1976 H.B. 1021 § 2, A.L. 1983 H.B. 96, et al., A.L. 2004 H.B. 1347)
1. For the purpose of providing the services described in this
section, each agency shall have the following responsibilities and powers:
(1) To submit to the state library electronically each publication
created by the agency in a manner consistent with the state's enterprise
architecture;
(2) To determine the format used to publish;
(3) For those publications which the agency determines shall be printed
and published in paper, to supply the number of copies for participating
libraries as determined by the secretary of state;
(4) To assign a designee as a contact for the state publications access
program and forward this information to the secretary of state annually.
2. For the purpose of providing the services described in this section,
the secretary of state shall have the following responsibilities:
(1) The secretary, through the state library, shall provide a secure
electronic repository of state publications. Access to the state
publications in the repository shall be provided through multiple methods
of access, including the statewide online library catalog and a publicly
accessible electronic network;
(2) The secretary shall create, in administrative rule, the criteria for
selection of participating libraries and the responsibilities incumbent
upon those libraries in serving the citizens of Missouri;
(3) The secretary shall set by administrative rule the electronic formats
acceptable for submission of publications to the electronic repository;
(4) The secretary may issue and promulgate rules to enforce, implement
and effectuate the powers and duties established in sections 181.100 to
181.130.
3. For the purpose of providing the services described in this section,
the state library shall have the following responsibilities, all to be
performed in a manner consistent with e-government:
(1) The state library shall administer the electronic repository of state
publications for access by the citizens of Missouri, and receive and
distribute publications in other formats, which will be housed and made
available to the public by the participating libraries;
(2) The state library shall ensure the organization and classification of
state publications regardless of formats and the distribution of
materials in additional formats to participating libraries;
(3) The state library shall publish regularly a list of all publications
of the agencies, regardless of format.
4. For the purpose of providing the services described in this section,
the participating libraries shall have the following responsibilities:
(1) To ensure citizens who come to the library will be able to access
publications electronically;
(2) To maintain paper copies of those state publications that agencies
publish in paper that are designated by the secretary of state to be
included in the Missouri state publications access program;
(3) To maintain a collection of older state publications published by the
agencies in paper and designated by the secretary of state to be included
in the Missouri state publications access program;
(4) To provide training for staff of other libraries to assist the public
in the use of state publications;
(5) To assist agencies in the distribution of paper copies of state
publications to the public.
5. All responsibilities and powers set out in this section shall be
carried out consistent with the provisions of section 191.863, RSMo.
6. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
chapter shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2004, shall be invalid and void. (L. 1976 H.B. 1021 § 3, A.L. 1983 H.B.
96, et al., A.L. 1991 S.B. 197, A.L. 2004 H.B. 1347)
The state library may enter into agreements with participating
libraries which meet standards for eligibility to be established by the
state library. (L. 1976 H.B. 1021 § 5, A.L. 2004 H.B. 1347)
1. There is hereby established in the state treasury a fund to
be known as the "Wolfner Library Trust Fund". The fund shall consist of
all moneys received from federal grants, contracts, gifts, bequests or
other funds contributed to the Wolfner library for the blind and
physically handicapped pursuant to subdivision (6) of section 181.021.
2. The state treasurer shall invest moneys in the Wolfner library trust
fund in the same manner as surplus state funds are invested pursuant to
section 30.260, RSMo. All interest which results from the investment of
moneys in the Wolfner library trust fund shall be credited to the fund.
3. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, any unexpended balance including interest accrued in the
Wolfner library trust fund shall not be transferred to the general
revenue fund of the state treasury at the end of the biennium.
4. The Wolfner library trust fund shall, upon appropriation, be used for
the purposes established pursuant to subdivision (9) of section 181.021.
(L. 1997 H.B. 438 merged with S.B. 242)
CROSS REFERENCE: Transfer of trust fund to Missouri investment trust,
reconveyance to state treasurer, when, RSMo 30.954
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