§ 24-90-105 — Powers and duties of state librarian

Colorado § 24-90-105

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Libraries

Text

(1) The state librarian has
the following powers and duties with respect to the state library:

(a) (I) To make reasonable rules and regulations for the administration of the
provisions of this part 1 and parts 2, 3, 4, and 5 of this article; for the use of state
library materials; and for the purchase, control, and use of books and other
resources;

(II) Rules promulgated under this part 1 are subject to section 24-4-103.

(b) To appoint all professional and clerical help in the state library, subject to
the provisions of section 13 of article XII of the state constitution;

(c) To furnish or contract for the furnishing of library or information services
to state officials and departments;

(d) To furnish or contract for the furnishing of library service to institutional
libraries, and to make reasonable rules for the establishment, maintenance, and
operation of institutional libraries; except that any such rules shall not conflict with
any rules promulgated by the department of corrections;

(e) To furnish or contract for the furnishing of library services to persons who
are blind and physically disabled, including persons who cannot use printed
materials in their conventional format;

(f) To contract for the furnishing of library resources to ensure equal access
to information for all Coloradans;

(g) To coordinate programs and activities of the regional library service
systems, as provided by the rules of the regional library service system created in
section 24-90-115;

(h) To provide for the collection, analysis, publication, and distribution of
statistics and information relevant to the state library and to public, school,
academic, and institutional libraries. Publications circulated in quantity outside the
executive branch shall be issued in accordance with the provisions of section 24-1-136.

(i) To conduct or contract for research projects necessary to plan and
evaluate the effectiveness of library programs in the state;

(j) To contract for the lending of books and other resources to publicly
supported libraries and institutions, including, without limitation, the Colorado
resource center at the Denver public library and any other resource centers as may
be designated;

(k) To report to the state board of education at such times and on such
matters as the board may require;

(l) To accept gifts and bequests of money or property, and, subject to the
terms of any gift or bequest and to applicable provisions of law, to hold in trust,
invest, or sell any gift or bequest of money or property, and to use either the
principal or interest or the proceeds of sale for programs or purposes specified in
the gift or bequest as approved by the state board of education. The use of gifts
and bequests shall be subject to audit by the state auditor or the state auditor's
designee. The principal of any gift or bequest and the interest received thereon
from investment shall be available for use by the state library in addition to any
funds appropriated by the general assembly. The acceptance of any gift or bequest
under this subsection (1)(l) shall not commit the state to any expenditure of state
funds.

(m) To serve as the repository of the bylaws and the legal service area maps
of all library districts within the state.

(2) The state librarian has the following powers and duties with respect to
other publicly supported libraries in the state:

(a) To further library development and to provide for the supplying of
consultative assistance and information to all types of publicly supported libraries
in the state through field visits, conferences, institutes, correspondence, statistical
information, publications, and electronic media; and to do any and all things that
may reasonably be expected to promote and advance library services;

(a.3) To develop and promulgate service standards for school, public, and
institutional libraries to guide the development and improvement of such libraries;
except that any such standards shall not conflict with any standards promulgated
by the department of corrections;

(a.5) To encourage contractual and cooperative relations to enhance
resource sharing among all types of libraries and agencies throughout the state;

(b) To serve as the agency of the state to receive and administer state or
federal funds that may be appropriated to further library development within the
state upon approval of the state librarian; except that this paragraph (b) shall not
preclude other governmental units, including, but not limited to, municipalities,
counties, a city and county, and library districts, from applying for, receiving, or
administering such state or federal funds;

(c) To develop regulations under which state grants are distributed for
assisting in the establishment, improvement, or enlargement of libraries or regional
library service systems and to develop all necessary procedures to comply with
federal regulations under which such grants are distributed for assisting in the
establishment, improvement, or enlargement of libraries;

(d) (Deleted by amendment, L. 2003, p. 2445, � 5, effective August 15, 2003.)

(e) To cooperate with local legislative bodies, library boards, library advisory
committees, appropriate professional associations, and other groups in the
development and improvement of libraries throughout the state;

(f) To carry out the functions and responsibilities of the Colorado virtual
library network pursuant to part 3 of this article.

(g) To work with public libraries throughout the state to facilitate access to
evidence-based training in the science of reading, as defined in section 24-90-121,
for librarians and assist in identifying materials and activities for parents and
children to improve literacy, as described in section 24-90-121.

Legislative History

Source: L. 79: Entire article R&RE, p. 985, � 1, effective July 1. L. 80: Entire section amended, pp. 619, 788, �� 4, 22, effective July 1. L. 81: (1)(l) added, p. 1253, � 1, effective April 30. L. 83: (1)(a)(I) amended, p. 1160, � 18, effective April 26; (1)(h) amended, p. 838, � 57, effective July 1. L. 90: (2)(f) added, p. 1304, � 1, effective July 1. L. 94: (1)(e) amended, p. 1638, � 54, effective May 31. L. 2000: (1)(a)(I) amended, p. 1323, � 1, effective May 26. L. 2003: (1)(a)(I), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), (2)(a), (2)(b), (2)(d), and (2)(f) amended and (2)(a.3) and (2)(a.5) added, p. 2445, �� 4, 5, effective August 15. L. 2009: (1)(m) added, (HB 09-1072), ch. 74, p. 263, � 2, effective August 5. L. 2017: (1)(l) amended, (SB 17-294), ch. 264, p. 1406, � 79, effective May 25. L. 2022: (1)(a)(II) amended, (SB 22-091), ch. 28, p. 168, � 5, effective August 10; (2)(g) added, (SB 22-004), ch. 280, p. 2022, � 6, effective August 10.