41-1335

41-1335. Powers and duties of director

A. The director shall:

1. Adopt rules for the use of books or other materials in the custody of the state
library and for the removal of books from the library, including assessment of reasonable
penalties for failure to return books or other materials when due. The proceeds from the
assessment of reasonable penalties shall be deposited, pursuant to sections 35-146 and
35-147, in the state library fund established by section 41-1336. The monies shall be
used only for the purchase of other books or materials.

2. Sell or exchange undesired duplicate copies of books or other materials, or
books or other materials not of value for the purposes of the library, or photographic
reproductions of state library holdings, and deposit, pursuant to sections 35-146 and
35-147, the proceeds in the state library fund established by section 41-1336. The monies
shall be used for the purchase of other books or materials.

3. Bring actions for the recovery of books, or for three times the value of the
books, against any person who has them in the person's possession or who is responsible
for the books, and who has failed or refused to return them on demand. If a book is one
of a set the value of the book may be deemed the value of the entire set. Monies
recovered pursuant to this paragraph shall be transmitted to the state treasurer for
credit to the state library fund established by section 41-1336.

4. Certify copies from books, documents or other archival or public records which
have been deposited in the custody of the state library.The fee for certification shall
be the same as prescribed for the certification of records by the secretary of state.
These fees shall be transmitted to the state treasurer for credit to the state library
fund established by section 41-1336. These certificates have the same force and effect as
if made by the officer originally in charge of the record.

5. As the director deems necessary:

(a) Arrange with the federal government, other states and foreign countries for a
system of exchange of official state reports and publications, session laws, statutes,
legislative journals and supreme court reports.

(b) Enter into agreements to establish a depository system and an exchange program
with any municipal, county or regional public library, state college or state university
library and out-of-state research libraries.

(c) Enter into agreements with libraries in this state for the state documents
program described in section 41-1338, subsection A, paragraph 2. Any library that enters
into an agreement pursuant to this subdivision shall continue to contribute at least the
same level of support to the state documents program and shall not use any monies
received pursuant to the agreement to supplant other monies available to the library.

6. Adopt rules for the acquisition, maintenance, access and preservation of state
publications.

7. After consultation with other appropriate agencies, adopt rules for the
description of state publications in all formats.

8. Provide access to an official compilation or revision of the laws of this state
to each public or court library in this state that applies for access. The director may
provide the access electronically. On request, the director may provide a certified copy
of a law pursuant to paragraph 4 of this subsection.

9. Annually submit a report to the legislature on the condition of the state
library, its activities and the disposition of monies spent for its maintenance and
transmit a copy of the report to the governor.

10. Appoint personnel, including security personnel, necessary to perform the duties
of the state library and assign their duties.

11. Cooperate with the legislative council in carrying out section 41-1304,
subsection B.

B. The governor, the secretary of state, the president of the senate, the speaker
of the house of representatives, the heads of departments and all officers and agents of
this state shall supply at no cost the number of copies of official reports, public
documents and publications required for the state library or its agents to satisfy the
requirements of the state documents program or arrangements or agreements entered into
pursuant to subsection A, paragraph 5 of this section.

C. The governmental units described in subsection B of this section shall:

1. Notify the state library if the reports, documents and publications subject to
this section are posted on an internet web site.

2. Pay the state library the fee charged pursuant to section 41-1345 if the
governmental unit refuses the state library's request to supply, and the state library
incurs any expenses in obtaining, the copies that are required to be supplied pursuant to
this section.