USA Statutes : nevada
Title : Title 33 - LIBRARIES; MUSEUMS; HISTORIC PRESERVATION
Chapter : CHAPTER 379 - PUBLIC LIBRARIES
It
is the goal of the State’s publicly supported libraries and information
centers to provide the resources and trained staff to meet the
informational needs of all citizens.
(Added to NRS by 1981, 996)
The governing body of
every public library in this State shall develop, through a continuing
process of planning, a master plan for the library or libraries for which
it is responsible, including plans for levels of library services and
resources, and shall submit the plan to the State Council on Libraries
and Literacy. The master plan must be designed to extend 5 years into the
future and must be made current at least every 2 years.
(Added to NRS by 1981, 996; A 1993, 1581)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 379.0051
to 379.0059 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1967, 1058; A 1981, 996; 1985, 8)
“Consolidated
library” means a library established pursuant to NRS 379.0221 .
(Added to NRS by 1985, 7)
“County library” means a
library established pursuant to NRS 379.010 .
(Added to NRS by 1985, 7)
“District library” means
a library established pursuant to NRS 379.021 .
(Added to NRS by 1985, 7)
“Public library” means a
consolidated, county, district, city or town library, a group of
libraries which have entered into an interlocal agreement or any other
library predominantly supported by public money.
(Added to NRS by 1985, 7)
“Town library” means a
library maintained pursuant to NRS 379.023 .
(Added to NRS by 1985, 7)
CERTIFICATION OF PERSONNEL
The
purpose of certifying the personnel of public libraries is to protect the
general welfare of the people of this State. Any certificate issued by
the State Library and Archives Administrator is a revocable privilege and
no holder of a certificate acquires any vested right therein.
(Added to NRS by 1995, 103; A 1997, 3147)
1. The State Library and Archives Administrator shall adopt
regulations establishing standards for the certification by the State
Library and Archives Administrator of the personnel of public libraries
in this State.
2. The regulations must include:
(a) Standards for the certification of various categories of
library personnel, based upon their educational backgrounds, work
experience and job descriptions.
(b) The qualifications required for certification, including the
courses of study or training required for each category of certification.
3. The regulations may include:
(a) Provisions governing the issuance of conditional certificates
to personnel of public libraries before the completion of all courses of
study or other requirements for certification.
(b) Provisions governing the issuance of provisional certificates
pursuant to NRS 379.0077 .
4. The regulations must provide that they do not apply to a public
library unless the governing authority of the library has approved the
regulations for use by the library.
(Added to NRS by 1995, 101; A 1997, 3147)
[Effective until the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. An application for certification by the State Library and
Archives Administrator must include the social security number of the
applicant.
2. Every applicant for certification by the State Library and
Archives Administrator shall submit with his application a complete set
of his fingerprints and written permission authorizing the State Library
and Archives Administrator to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report. The State Library and
Archives Administrator may issue a provisional certificate pending
receipt of the report if he determines that the applicant is otherwise
qualified.
(Added to NRS by 1995, 102; A 1997, 2048, 3147)
[Effective on the date
of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.] Every applicant for certification by the State
Library and Archives Administrator shall submit with his application a
complete set of his fingerprints and written permission authorizing the
State Library and Archives Administrator to forward the fingerprints to
the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report. The
State Library and Archives Administrator may issue a provisional
certificate pending receipt of the report if he determines that the
applicant is otherwise qualified.
(Added to NRS by 1995, 102; A 1997, 2048, 3147, effective on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings)
[Expires by limitation on the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. An applicant for the issuance or renewal of certification shall
submit to the State Library and Archives Administrator the statement
prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The State Library and Archives Administrator shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certification; or
(b) A separate form prescribed by the State Library and Archives
Administrator.
3. A certificate may not be issued or renewed by the State Library
and Archives Administrator if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the State Library and
Archives Administrator shall advise the applicant to contact the district
attorney or other public agency enforcing the order to determine the
actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2047)
1. An application to the State Library and Archives Administrator
for certification and all documents in the file of the State Library and
Archives Administrator relating to an application, including:
(a) The applicant’s health records;
(b) The applicant’s fingerprints and any report from the Federal
Bureau of Investigation;
(c) Transcripts of the applicant’s record at colleges or other
educational institutions;
(d) Correspondence concerning the application; and
(e) Other personal information concerning the applicant,
Ê are confidential.
2. It is unlawful to disclose or release the information in an
application or a related document except pursuant to the written
authorization of the applicant.
3. The State Library and Archives Administrator shall, upon
request, make available the file of the applicant for inspection by the
applicant during regular business hours.
(Added to NRS by 1995, 102; A 1997, 3147)
[Expires by limitation on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the State Library and Archives Administrator receives a copy
of a court order issued pursuant to NRS 425.540 that provides for the suspension of all
professional, occupational and recreational licenses, certificates and
permits issued to a person who has been certified by the State Library
and Archives Administrator, the State Library and Archives Administrator
shall deem that person’s certification to be suspended at the end of the
30th day after the date on which the court order was issued unless the
State Library and Archives Administrator receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified by the
State Library and Archives Administrator stating that the person has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The State Library and Archives Administrator shall reinstate
the certification of a person that has been suspended by a district court
pursuant to NRS 425.540 if the State
Library and Archives Administrator receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was
suspended stating that the person whose certification was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2048)
The State Library and Archives Administrator
may adopt regulations establishing fees:
1. Of not more than $5 for the issuance and renewal of a
certificate. The fee for issuing a duplicate certificate must be the same
as for issuing the original. The money received from such fees must be
paid into the State General Fund.
2. To cover the amount charged by the Federal Bureau of
Investigation for processing the fingerprints of an applicant. The money
received from such fees must be deposited with the State Treasurer for
credit to the appropriate account of the Division of State Library and
Archives of the Department of Cultural Affairs.
(Added to NRS by 1995, 102; A 1997, 3148; 2001, 926 )
1. The State Library and Archives Administrator shall adopt
regulations setting forth standards for the approval of a course of study
or training offered by an educational institution to qualify a person for
certification.
2. Except as otherwise provided in subsection 3, the State Library
and Archives Administrator shall, upon the application of an educational
institution or as he determines necessary, review and evaluate a course
of study or training offered by an educational institution to qualify a
person for certification. If the course of study or training meets the
standards established by the State Library and Archives Administrator, it
must be approved by the State Library and Archives Administrator.
3. In lieu of reviewing and evaluating a course of study or
training, the State Library and Archives Administrator may approve a
course of study or training which is approved by a national agency for
accreditation.
4. If the State Library and Archives Administrator denies or
withdraws approval of a course of study or training, the educational
institution is entitled to a hearing and judicial review of the decision
of the State Library and Archives Administrator.
(Added to NRS by 1995, 102; A 1997, 3148)
The State Library and Archives Administrator shall file
with the governing authority of each public library in this State a
directory of all personnel who hold certificates, and shall advise the
governing authority from time to time, as necessary, of changes or
additions to the directory.
(Added to NRS by 1995, 103; A 1997, 3149)
COUNTY, DISTRICT, CONSOLIDATED AND TOWN LIBRARIES
1. The board of county commissioners of each county may set apart
a sum of money to be used in the establishment and maintenance of a
public library in the county. Each year thereafter the board of county
commissioners may set apart an amount of money for the purpose of
operating and maintaining the library.
2. The fund so created is the county library fund.
[1:187:1925; A 1927, 84; 1943, 53; 1949, 110; 1955, 333]—(NRS A
1957, 20; 1967, 1060; 1981, 997)
1. The board of county commissioners shall appoint five competent
persons who are residents of the county to serve as county library
trustees. Three trustees shall hold office for the terms of 1, 2 and 3
years respectively, and two trustees shall hold office for terms of 4
years. Annually thereafter, the board of county commissioners shall
appoint one trustee who shall hold office for a term of 4 years, except
that in those years in which the terms of two trustees expire, the board
of county commissioners shall appoint two trustees for terms of 4 years.
County library trustees shall hold office until their successors are
appointed and qualified.
2. No trustee may be appointed to hold office for more than two
consecutive 4-year terms.
3. All vacancies which may occur at any time in the office of
county library trustee must be filled by appointment by the board of
county commissioners.
4. County library trustees serve without compensation, except that
the board of county commissioners may provide for compensation in an
amount of not more than $40 per meeting, with a total of not more than
$80 per month, and may provide travel expenses and subsistence allowance
for the members in the same amounts as are allowed for employees of the
county library.
5. The board of county commissioners may remove any trustee who
fails, without cause, to attend three successive meetings of the trustees.
[2:187:1925; A 1956, 214]—(NRS A 1959, 329; 1967, 1060; 1971, 133;
1981, 997; 1989, 612)
1. Whenever in any county a petition or petitions praying for the
formation of a county library district and the establishment of a public
library therein setting forth the boundaries of the proposed library
district, certified by the district judge of any judicial district as
being signed by 10 percent of the taxpayers or by taxpayers representing
10 percent of the taxable property in the proposed county library
district, as shown by the last preceding assessment roll of the county,
is presented to the board of county commissioners of the county in which
the territory of the proposed county library district is situated,
accompanied by an affidavit or affidavits of one or more of the signers
thereof that the signatures thereto are genuine, the board of county
commissioners shall, at its next regular meeting after the petition or
petitions are so presented:
(a) Pass a resolution to the effect that a county library district
with properly defined boundaries is to be established and cause to be
published a notice thereof in a newspaper of general circulation within
the district once a week for a period of 2 weeks; and
(b) Allow 30 days after the first publication of the notice during
which all taxpayers of the district in which the district library is to
be situated have the right to file protests with the county clerk.
2. If the aggregate of protests is less than 10 percent of the
taxpayers voting in the last general election, the board of county
commissioners shall order the creation of the county library district and
the establishment of a public library therein and levy taxes in support
and continued maintenance of the library in accordance with subsection 5.
3. If the aggregate of protests is more than 10 percent of the
taxpayers voting in the last general election, the board of county
commissioners shall proceed no further with reference to the
establishment of a county library district without submitting the
question to the voters at a primary or general election.
4. If the majority of votes cast at the election is against the
establishment of the county library district, the question is lost and
the board of county commissioners shall proceed no further. If the
majority of votes is in favor of the county library district, the board
of county commissioners shall, within 10 days after the election, order
the creation of the county library district and establishment of a public
library therein.
5. Upon the creation of a county library district and
establishment of a public library therein, the board of county
commissioners shall, at the next time for levying taxes and in each year
thereafter, at the time and in the manner other taxes are levied, levy a
tax upon all taxable property in the county library district to create
and maintain a fund known as the library fund.
6. All money received by the county treasurer pursuant to
subsection 5 and NRS 379.026 may be
transferred to a separate account established and administered by the
trustees of a district library in accordance with the provisions of NRS
354.603 .
(Added to NRS by 1967, 1058; A 1981, 997; 1993, 1075; 1995, 2201)
1. After ordering the creation of a county library district and
the establishment of a public library therein as provided in NRS 379.021
, the board of county commissioners
shall appoint five competent persons who are residents of the county
library district to serve as district library trustees.
2. The term of office of the trustees appointed pursuant to
subsection 1 is as follows:
(a) Three persons must be appointed for terms of 2 years.
(b) Two persons must be appointed for terms of 4 years.
Ê Thereafter the offices of district library trustees must be filled for
terms of 4 years in the order in which the terms expire. No person may be
appointed to hold office for more than two consecutive 4-year terms.
3. A vacancy in the office of district library trustee which
occurs because of expiration of the term of office must be filled by
appointment by the board of county commissioners for a term of 4 years. A
vacancy which occurs other than by expiration of the term must be filled
by appointment by the board of county commissioners for the unexpired
term.
4. The board of district library trustees may provide for
compensation of members of the board in an amount of not more than $40
per meeting, with a total of not more than $80 per month, and may provide
travel expenses and subsistence allowances for the members in the same
amounts as are allowed for employees of the county library district.
5. The board of county commissioners may remove any district
library trustee who fails, without cause, to attend three successive
meetings of the trustees.
6. If the library trustees of any county library district have
entered into a contract pursuant to NRS 379.060 with any city within the county, they may add
to their number two additional library trustees who are appointed by the
governing body of the city to represent the residents of the city. The
terms of office of the two additional library trustees are 3 years or
until the termination of the contract with the city for library services,
if that termination occurs sooner. The additional library trustees have
the same powers and duties as the trustees appointed pursuant to
subsection 1.
(Added to NRS by 1967, 1059; A 1971, 133; 1981, 336, 998; 1989, 612)
The trustees of a
county library district in any county whose population is 400,000 or more
and the governing body of any city within that county may, to establish
and maintain a public library, consolidate the city into the county
library district.
(Added to NRS by 1985, 7; A 1989, 1923)
1. After the consolidation of a city into a county library
district, the board of county commissioners and the governing body of the
city shall each appoint five competent persons who are residents of the
new consolidated library district to serve as trustees.
2. The terms of office of the trustees appointed pursuant to
subsection 1 are as follows:
(a) Three persons appointed by each governing body must be
appointed for terms of 4 years.
(b) Two persons so appointed must be appointed for terms of 2 years.
Ê Thereafter the offices of trustees must be filled for terms of 4 years
in the order in which the terms expire. No person may be appointed to
hold office for more than two consecutive terms.
3. A vacancy in the office of trustee which occurs because of the
expiration of the term must be filled by appointment for a term of 4
years. A vacancy which occurs other than by expiration of the term must
be filled by appointment for the unexpired term.
4. The trustees are entitled to receive a salary of $40 per
meeting, but not more than $80 per month, in addition to the travel and
subsistence allowances in the same amounts as are provided for employees
of the consolidated library district.
5. The board of county commissioners or governing body of the
city, as the case may be, may remove any trustee appointed by it:
(a) For cause, as described in NRS 283.440 ; or
(b) Who fails, without good cause, to attend three successive
meetings of the trustees.
6. The trustees may appoint an executive director for the
consolidated library district who serves at the pleasure of the trustees.
(Added to NRS by 1985, 7; A 1989, 613; 1993, 2547)
The name of any
consolidated library district established pursuant to NRS 379.0221 must be selected by the trustees and include
the name of the city having the largest population located within the
boundaries of the consolidated library district.
(Added to NRS by 1985, 8; A 1993, 2548)
The
boundaries of a consolidated library district include all of the area of:
1. Each city that is consolidated into the county library district;
2. The county library district at the time of the establishment of
the consolidated library district, except for an area annexed by another
city which:
(a) Is not consolidated into the county library district;
(b) Has established a city library pursuant to NRS 379.105 or created a municipal library district
pursuant to the provisions of its charter; and
(c) Is included in a county library district, that has not merged
with the consolidated library district, pursuant to an interlocal
agreement before May 2, 2001, or pursuant to NRS 379.065 ; and
3. Any other county library district which has merged with the
county library district being consolidated.
(Added to NRS by 1985, 8; A 1997, 1755; 2001, 372 )
1. Except as otherwise provided in this subsection, the trustees
of a consolidated or county library district may propose the issuance of
general obligation bonds in an amount not to exceed 10 percent of the
total last assessed valuation of the taxable property of the district for
the purpose of acquiring, constructing or improving buildings and other
real property to be used for library purposes or for purchasing books,
materials or equipment for newly constructed libraries. The trustees of a
consolidated library district shall not propose an issuance of bonds or
any other form of indebtedness unless a public hearing on the proposal is
first held before the board of county commissioners and the governing
body of the city that initially formed the consolidated library district
pursuant to NRS 379.0221 . After such a
public hearing has been held, the board of county commissioners and the
governing body of the city may each:
(a) Adopt a resolution that supports or opposes in whole or in part
the proposal of the trustees of the consolidated library district; and
(b) Transmit the resolution to the debt management commission of
the county in which the district is situated.
2. A proposal for the issuance of bonds pursuant to subsection 1
must be submitted to the debt management commission of the county in
which the district is situated for its approval or disapproval, pursuant
to the provisions of NRS 350.011 to
350.0165 , inclusive. If the debt
management commission approves the proposed issuance, the question of
issuing the bonds must be submitted to the registered electors of the
district in accordance with the provisions of NRS 350.020 to 350.070 ,
inclusive. If a majority of the electors voting on the question favors
the proposal, the board of county commissioners shall issue the bonds as
general obligations of the consolidated or county library district
pursuant to the provisions of the Local Government Securities Law.
3. Any bond issued for purchasing books, materials or equipment
for newly constructed libraries must be redeemed within 5 years after its
issuance.
(Added to NRS by 1981, 996; A 1985, 9; 1989, 613; 1993, 2548; 1995,
772; 2001, 370 )
1. Upon the establishment of a consolidated library district, the
board of county commissioners shall, at the next time for levying taxes
and in each year thereafter, at the time and in the manner other taxes
are levied, levy a tax upon all taxable property in the consolidated
library district for the purpose of creating and maintaining a fund known
as the fund for the consolidated library.
2. All money received by the county treasurer pursuant to
subsection 1 and NRS 379.026 may be
transferred to a separate account established and administered by the
trustees of a consolidated library district in accordance with the
provisions of NRS 354.603 .
(Added to NRS by 1985, 8; A 1989, 614)
1. Any free public library existing on July 1, 1967, which was
established in an unincorporated town pursuant to the provisions of
chapter 90, Statutes of Nevada 1895, or of NRS 379.070 to 379.120 ,
inclusive, may be maintained pursuant to NRS 379.005 to 379.040 ,
inclusive.
2. So long as such library is so maintained, the board of county
commissioners of the county in which such library exists shall each year,
at the time and in the manner other taxes are levied, levy a tax upon all
taxable property in such unincorporated town for the purpose of
maintaining a fund to be known as the town library fund.
(Added to NRS by 1967, 1059; A 1981, 999)
1. Except as otherwise provided in subsection 2, the trustees of
any consolidated, county, district, town or other public library, and
their successors, shall:
(a) Establish, supervise and maintain a library.
(b) Appoint, evaluate the performance of and, if necessary, dismiss
a librarian or, in the case of a consolidated library district, an
executive director.
(c) Hold and possess the property and effects of the library in
trust for the public.
(d) In the case of a county library, submit annual budgets to the
board of county commissioners, containing detailed estimates of the
amount of money necessary for the operation and management of the library
for the next succeeding year.
(e) In the case of a consolidated, district or town library,
prepare annual budgets in accordance with NRS 354.470 to 354.626 ,
inclusive.
(f) In the case of a consolidated library district:
(1) Administer any separate account established pursuant to
NRS 354.603 .
(2) Annually submit a budget to the board of county
commissioners and governing body of the city for joint review and
recommendation, which must contain detailed priorities and estimates of
the amount of money necessary for the operation and management of the
consolidated library district for the next succeeding year. Unless a
majority of the members of the board of county commissioners and a
majority of the members of the governing body of the city reject the
budget within 21 days after it is submitted to them, the trustees shall
cause copies of the final budget to be submitted to the board of county
commissioners for attachment to the copy of the final budget for the
county which is filed pursuant to NRS 354.59801 , and to the governing body of the city for
attachment to the copy of the final budget for the city which is filed
pursuant to NRS 354.59801 . If the
budget is so rejected, the trustees shall resubmit a revised budget for
joint review pursuant to this subparagraph.
(3) Submit quarterly reports to the board of county
commissioners and governing body of the city concerning the budget and
the programs of the library, and provide any additional information
requested by either governing body as soon as is reasonably practicable
after receiving the request.
(g) In the case of a district library, administer any separate
account established pursuant to NRS 354.603 .
(h) Establish bylaws and regulations for the management of the
library and their own management.
(i) Manage all the property, real and personal, of the library.
(j) Acquire and hold real and personal property, by gift, purchase
or bequest, for the library.
(k) Administer any trust declared or created for the library.
(l) Maintain or defend any action in reference to the property or
affairs of the library.
2. The trustees may:
(a) Make purchases and secure rooms.
(b) Authorize the merger or, subject to the limitations in NRS
379.0221 , the consolidation of a town
or city library with a county library district.
(c) Invest the money in the appropriate library fund in accordance
with the provisions of chapter 355 of NRS.
(d) Do all acts necessary for the orderly and efficient management
and control of the library.
3. The trustees shall, as a primary goal of the consolidated
library district, provide the library facilities, resources and trained
staff to meet the informational needs of all residents of the district.
(Added to NRS by 1959, 328; A 1967, 1060; 1969, 492; 1981, 999;
1985, 9; 1989, 614; 1993, 2548; 1995, 2202)
1. The trustees of any consolidated, county, district or town
library may establish with the county treasurer, as custodian, a special
fund, to be known as the gift fund of the ........ consolidated library,
the gift fund of the county library, the gift fund of the ........
district library or the gift fund of the ........ town library, as the
case may be. The money in such a fund must be derived from all or any
part of any gift, bequest or devise, including the interest thereon. The
fund must be a separate and continuing fund and no money in the fund
reverts to the general fund of the county at any time.
2. The money in a gift fund of a library may be used for
construction of new library buildings, capital improvements to library
buildings, special library services or other library purposes. No
expenditure from a gift fund of a library may be made until authorized by
the trustees.
3. The trustees may invest or reinvest all or part of the money in
the gift fund of a library in any investment authorized for city and
county money under chapter 355 of NRS.
(Added to NRS by 1961, 354; A 1967, 1061; 1985, 10)
The librarian of any
consolidated, county, district or town library shall administer all
functions of the library, employ assistants and carry out the policies
established by the trustees of the library, and may recommend policies to
the trustees.
(Added to NRS by 1959, 328; A 1967, 1061; 1981, 1000; 1985, 10)
1. All claims for indebtedness incurred or created by the trustees
of any consolidated, county, district or town library must:
(a) Be audited and approved by a majority of the trustees;
(b) Be presented to and acted upon by the board of county
commissioners, unless a separate account has been established pursuant to
NRS 354.603 ; and
(c) Be paid out of the appropriate library fund in the same manner
as claims against the county are presented, acted upon and paid.
2. In no case may any claim except for a library and reading room
be allowed or paid out of the appropriate library fund.
3. Any money remaining in the county library fund on June 30 of
any year reverts to the general fund of the county.
[3:187:1925; NCL § 5597]—(NRS A 1967, 1061; 1981, 1000; 1985, 10;
1989, 615)
The library and reading room of any
consolidated, county, district or town library must forever be and remain
free and accessible to the public, subject to such reasonable regulations
as the trustees of the library may adopt.
[4:187:1925; NCL § 5598]—(NRS A 1967, 1061; 1985, 10)
1. Whenever a new county library is provided for in any county
whose population is 40,000 or more, the trustees of any district library
in the county previously established may transfer all books, funds,
equipment or other property in the possession of such trustees to the new
library upon the demand of the trustees of the new library.
2. Whenever there are two or more county library districts in any
county whose population is 40,000 or more, the districts may merge into
one county library district upon approval of the library trustees of the
merging districts.
3. Whenever there is a city or a town library located adjacent to
a county library district, the city or town library may:
(a) Merge with the county library district upon approval of the
trustees of the merging library and district; or
(b) Subject to the limitations in NRS 379.0221 , consolidate with the county library district.
4. All expenses incurred in making a transfer or merger must be
paid out of the general fund of the new library.
[1:140:1929; A 1956, 213] + [2:140:1929; NCL § 5600]—(NRS A 1967,
1062; 1969, 493; 1985, 11; 1989, 1923; 2001, 1987 )
All
property, money, and contracts of, and appropriations to, the county
library district being consolidated become the property, money and
contracts of, and appropriations to, the consolidated library district.
(Added to NRS by 1985, 8)
1. The trustees of any consolidated, county or district library
shall cooperate with and enter into contracts with the board of county
commissioners of any other county, or with any city or town in any other
county, or with any school district, when necessary to secure to the
residents of the other county, or to the residents of the city or town in
the other county, or to the pupils of the school district, the same
privileges of the consolidated, county or district library as are granted
to or enjoyed by the residents of the county or consolidated or county
library district, or such privileges as may be agreed upon in the
contract. The consideration agreed upon must be specified in the
contract, and must be paid into the consolidated, county or district
library fund or a special fund for library purposes of the county
providing the service.
2. Any contracting county, city, town or school district may
terminate any contract which may be entered into upon such terms as may
be agreed upon by the parties thereto.
3. Any county, city or town wherein a library has been established
may cooperate with and contract with the trustees of any consolidated,
county, district or town library to obtain for the residents of the
county, city or town an increase in library services or such privileges
as may be agreed upon.
4. The trustees of any consolidated, county or district library
may cooperate with and contract with the board of county commissioners of
any other county, relative to any phase of library service.
5. Any county, city or town contracting for library service may at
any time establish a library for the use of its inhabitants, whereupon
its contract for service may be continued or terminated on such terms as
may be agreed upon by the parties thereto.
6. The tax-levying body of any county, city or town contracting to
receive library services may budget for and levy a tax to meet the terms
of the contract. The board of trustees of a school district may budget to
meet the terms of the contract.
7. The trustees of the consolidated, county or district library
providing services may expend any amounts received in consideration of
any such contract in addition to the amount budgeted for the
consolidated, county or district library.
[1:144:1945; A 1956, 213] + [2:144:1945; 1943 NCL § 5598.02] +
[3:144:1945; 1943 NCL § 5598.03] + [4:144:1945; 1943 NCL § 5598.04]—(NRS
A 1959, 279; 1961, 168; 1967, 1062; 1981, 1000; 1985, 11)
1. If the trustees of a county library district desire to provide
library services in territory which is contiguous to its boundaries but
is within the boundaries of another county library district, a
consolidated library district or a county, city or town which has a
library, the trustees of the county library district may submit a request
to the trustees of such a library or library district to provide library
services within that territory.
2. If the trustees of a library or library district that receives
a request pursuant to subsection 1 desire that the library or library
district receive such library services, the trustees shall conduct a
joint study with the county library district to determine whether the
county library district has the financial capability to provide the
library services. If the results of the study demonstrate that the county
library district has such financial capability, the county library
district may alter its boundaries to include the territory.
3. If:
(a) The trustees of a library or library district that receives a
request pursuant to subsection 1 do not desire that the library or
library district receive such library services; or
(b) The results of a study conducted pursuant to subsection 2
demonstrated that the county library district did not have the financial
capability to provide the library services,
Ê the county library district may submit the matter to the board of
county commissioners of the county for its determination. The board of
county commissioners may request such information from the county library
district and library or library district as necessary to make its
determination. If the board of county commissioners determines it is in
the best interest of the residents of the territory to receive library
services from the county library district, the board of county
commissioners shall by resolution authorize the county library district
to alter its boundaries to include the territory. In making such a
determination, the board of county commissioners may solicit public
comment from residents who are affected by the proposed alteration of the
boundaries of the county library district through polling, public
hearings, submission of an advisory question at an election or any other
form of public comment.
4. The provisions of this section do not apply to alter the
boundaries of any library or library district for the purposes of taxes
levied for the repayment, when due, of the principal of and interest on
bonds, notes or other indebtedness issued before the effective date of
the alteration.
(Added to NRS by 2001, 371 )
CITY LIBRARIES
Any free public
library which has been established in a city pursuant to chapter 90,
Statutes of Nevada 1895, or any other law prior to July 1, 1967, or which
is established after July 1, 1967, may be maintained and shall be
governed by the provisions of NRS 379.070 to 379.120 ,
inclusive.
[1:48:1956]—(NRS A 1967, 1063)
1. The governing body of the city shall determine whether:
(a) To constitute itself the governing authority of the city
library; or
(b) To appoint a board of trustees as such governing authority.
2. If library trustees are appointed, they and their successors
shall:
(a) Establish, supervise and maintain a library.
(b) Appoint a librarian.
(c) Hold and possess the property and effects of the library in
trust for the public.
(d) Submit annual budgets to the governing body of the city,
containing detailed estimates of the amount of money necessary for the
operation and management of the library for the next succeeding year.
(e) Establish bylaws and regulations for the management of the
library and their own management.
(f) Manage all the property, real and personal, of the library.
(g) Acquire and hold real and personal property, by gift, purchase
or bequest, for the library.
(h) Administer any trust declared or created for the library.
(i) Maintain or defend any action in reference to the property or
affairs of the library.
3. If appointed, the library trustees may:
(a) Make purchases and secure rooms.
(b) Authorize the merger of a city library with a county library
district.
(c) Do all acts necessary for the orderly and efficient management
and control of the library.
4. The governing authority has all the powers and duties with
respect to the city library that district library trustees have with
respect to a district library.
(Added to NRS by 1959, 328; A 1965, 747; 1967, 1063; 1969, 493;
1981, 1001)
1. The governing authority of any city library is authorized to
establish with the city treasurer, as custodian, a special fund, known as
the “................ city library gift fund.” The moneys in such fund
must be derived from all or any part of any gift, bequest or devise,
including the interest thereon. The gift fund is a separate and
continuing fund and no moneys in it revert to the general fund of the
city at any time.
2. The moneys in a city library gift fund may be used for
construction of new library buildings, capital improvements to library
buildings, special library services, or other library purposes. No
expenditure from a city library gift fund may be made until authorized by
the governing authority.
3. The governing authority of a city library may invest or
reinvest all or part of the moneys in the city library gift fund in any
investment authorized for city and county moneys under chapter 355 of NRS.
(Added to NRS by 1961, 354; A 1967, 1064; 1981, 1002)
The librarian of any
city library shall administer all functions of the library, employ
assistants and carry out the policies established by the governing
authority, and may recommend policies to the governing authority.
(Added to NRS by 1959, 328; A 1967, 1064; 1981, 1002)
The library and reading room shall
forever be and remain free and accessible to the people of the city,
subject to such reasonable rules and regulations as the governing
authority may adopt.
[6:48:1956]—(NRS A 1967, 1064)
REGIONAL LIBRARIES
As used in NRS
379.142 to 379.146 , inclusive, “political subdivision” means a
consolidated, county, city, town, or county library district, or legally
established libraries therein.
(Added to NRS by 1959, 280; A 1965, 430; 1985, 12)
1. Any two or more political subdivisions may join in establishing
and maintaining a regional library through a written joint agreement of
their governing bodies.
2. The agreement shall provide for the fair apportionment of
expenses and that the treasurer or other fiscal officer of one of the
participating political subdivisions shall be selected as treasurer of
the regional library and shall have custody of the funds of the regional
library.
(Added to NRS by 1959, 280)
The treasurer
or other fiscal officer of the other participating political subdivisions
shall transfer to the treasurer of the regional library all moneys
collected for regional public library purposes in their respective
political subdivisions, in accordance with a joint agreement.
(Added to NRS by 1959, 280; A 1965, 430)
If one of the
participating political subdivisions withdraws from the agreement, it is
entitled to a division of the property of the regional library on the
basis of its contribution.
(Added to NRS by 1959, 280)
1. Each regional library shall be governed by a regional library
board appointed in accordance with a method jointly agreed upon by the
governing bodies of the participating political subdivisions, for a term
of not more than 4 years.
2. The regional library board shall consist of not less than 5 nor
more than 11 members.
(Added to NRS by 1959, 280)
REGIONAL NETWORK OF LIBRARIES
As used in NRS 379.147 to 379.149 ,
inclusive, “library” includes public libraries, school libraries where
authorized by school districts, academic libraries, special libraries and
the state library and archives.
(Added to NRS by 1981, 726; A 1985, 125)
The Legislature declares:
1. That the State recognizes the desirability of supporting the
extension of library services beyond the jurisdiction of any single
library;
2. That the formation of a regional network of libraries is an
effective means of providing services beyond local boundaries; and
3. That all public libraries in this State should be linked to
regional networks to form a system of communications and provision of
services which will encourage cooperation and maximum use of available
resources.
(Added to NRS by 1981, 726)
1. The governing bodies of two or more libraries may enter into an
agreement to form a regional network of libraries for the purpose of
facilitating regional cooperation, improved communications and sharing of
resources. The purposes of the regional network may be furthered by such
activities as:
(a) Developing and operating interlibrary systems to improve access
to dispersed library and information services.
(b) Applying new technologies for improved efficiency in the use
and availability of resources.
(c) Improving access to advanced research which will help increase
productivity and solve emerging problems of common concern.
2. An agreement to form a regional network of libraries is subject
to the provisions of the Interlocal Cooperation Act.
(Added to NRS by 1981, 726)
1. A regional network of libraries is governed by a board
consisting of one representative from each participating entity.
2. The board shall:
(a) Elect its own officers.
(b) Establish rules for its own governance and bylaws for the
operation of the regional network.
(c) Prepare an annual budget for the regional network.
(d) Develop, through a continuing process of planning, a master
plan for the regional network of libraries for the provision of regional
services. The master plan must be designed to extend 5 years into the
future and must be made current at least every 2 years.
(Added to NRS by 1981, 726)
The governing board of a regional network of
libraries has primary responsibility for, and shall establish policies
and procedures to govern, library programs and activities which extend
beyond the jurisdiction of any single participating library. These
programs and activities include but are not limited to libraries,
interlibrary loans, development of databases and utilization of new
technologies for communication among libraries.
(Added to NRS by 1981, 727)
1. Whenever a participating library seeks a grant of money related
to regional services from the State, the Federal Government or another
source, it must first submit the request to the governing board of the
regional network for review.
2. After review, the governing board of the regional network shall
forward the request to the granting agency along with its comments and
suggestions for priority. If the request is for a state grant, the
granting agency must consider the priority designated by the governing
board.
3. The governing board may request and receive gifts or grants of
money from the State, the Federal Government or another source for
purposes of the regional network. Among requests for state grants,
requests from the regional network have priority over requests from
participating libraries.
(Added to NRS by 1981, 727)
The governing board of a
regional network of libraries may enter into contracts with state
agencies for:
1. The administration of grants of money for library purposes; and
2. The provision of library services,
Ê in the region served by the regional network.
(Added to NRS by 1981, 727)
MISCELLANEOUS PROVISIONS
A library operated pursuant
to the provisions of this chapter may enter into agreements with the
State Library and Archives Administrator, where the objective of the
agreements is the improvement of library service.
(Added to NRS by 1957, 341; A 1997, 3149)
1. Any person who willfully detains any book, newspaper, magazine,
pamphlet, manuscript, filmstrip or other property of any public library
or reading room for more than 30 days after receipt of written notice
demanding the return of any such article or property shall be punished by
a fine of not more than $500.
2. Any person who willfully cuts, tears, defaces, breaks or
injures any book, map, chart, picture, engraving, statue, coin, model,
apparatus or other work of literature, art, mechanics or object of
curiosity deposited in any public library or reading room shall be
punished by a fine of not more than $500.
3. The parent or guardian of a minor who willfully and maliciously
commits any acts within the scope of subsection 1 or 2 is liable for all
damages so caused by the minor.
(Added to NRS by 1957, 6; A 1965, 125; 1967, 563; 1985, 114)
