2005 Nevada Revised Statutes - Chapter 379 — Public Libraries

CHAPTER 379 - PUBLIC LIBRARIES

GENERAL PROVISIONS

NRS 379.002 Goalof public libraries and information centers.

NRS 379.003 Masterplan for libraries.

NRS 379.005 Definitions.

NRS 379.0051 Consolidatedlibrary defined.

NRS 379.0053 Countylibrary defined.

NRS 379.0055 Districtlibrary defined.

NRS 379.0057 Publiclibrary defined.

NRS 379.0059 Townlibrary defined.

CERTIFICATION OF PERSONNEL

NRS 379.007 Purposeof certification; certificate revocable.

NRS 379.0073 Regulationsestablishing standards for certification.

NRS 379.0077 Submissionof application for certification and fingerprints; issuance of provisionalcertificate. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 379.0077 Submissionof application for certification and fingerprints; issuance of provisionalcertificate. [Effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 379.0078 Paymentof child support: Statement by applicant for certification; grounds for denialof certification; duty of State Library and Archives Administrator. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 379.008 Confidentialityof application for certification and related documents; penalty; inspection offile by applicant.

NRS 379.0082 Suspensionof certification for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certification. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

NRS 379.0083 Regulationsestablishing fees relating to issuance and renewal of certificate.

NRS 379.0087 Regulationssetting forth standards for approval of courses of study or training.

NRS 379.009 Filingand update of directory of personnel who hold certificates.

COUNTY, DISTRICT, CONSOLIDATED AND TOWN LIBRARIES

NRS 379.010 Countylibrary: Establishment and maintenance; county library fund.

NRS 379.020 Trusteesof county library: Appointment; terms; vacancies; compensation; expenses;removal.

NRS 379.021 Countylibrary district: Procedure for formation; levy of tax for maintenance; libraryfund; separate account for gift fund and library fund.

NRS 379.022 Trusteesof county library district: Appointment; terms; vacancies; compensation;expenses; removal; additional trustees if service extended.

NRS 379.0221 Consolidatedlibrary district: Consolidation of city into county library district in certaincounties.

NRS 379.0222 Trusteesof consolidated library district: Appointment; terms; compensation; removal;executive director.

NRS 379.0223 Consolidatedlibrary district: Name.

NRS 379.0224 Consolidatedlibrary district: Boundaries.

NRS 379.0225 Issuanceof bonds by consolidated or county library district.

NRS 379.0227 Consolidatedlibrary district: Levy of tax; fund for the consolidated library; transfer ofmoney to separate account.

NRS 379.023 Townlibrary: Establishment and maintenance; levy of tax; town library fund.

NRS 379.025 Powersand duties of trustees of consolidated, county, district, town or other publiclibrary.

NRS 379.026 Giftfunds of libraries: Establishment; source; use; investment of money.

NRS 379.027 Powersand duties of librarian.

NRS 379.030 Paymentof claims against library fund.

NRS 379.040 Libraryto be free and accessible to public; regulations of trustees.

NRS 379.050 Transferof property of district library to new county library in certain counties;merger of county library districts in certain counties; merger or consolidationof city or town library with county library district.

NRS 379.055 Transferof county library districts property, money, contracts and appropriations toconsolidated library district.

NRS 379.060 Extensionof services of consolidated, county or district library: Contracts withcounties, cities, towns and school districts.

NRS 379.065 Provisionof library services of county library district in contiguous territory servedby another library district or library: Request; joint study; determination byboard of county commissioners; alteration of boundaries.

CITY LIBRARIES

NRS 379.070 Establishmentand maintenance.

NRS 379.105 Governingauthority of city library: Governing body of city or trustees; powers andduties of governing authority.

NRS 379.106 Giftfund.

NRS 379.107 Powersand duties of librarian.

NRS 379.120 Libraryto be free and accessible to public; regulations of governing authority.

REGIONAL LIBRARIES

NRS 379.142 Politicalsubdivision defined.

NRS 379.143 Establishmentand maintenance by agreement; apportionment of expenses; custody of money.

NRS 379.144 Transferof money to regional library.

NRS 379.145 Divisionof property on withdrawal.

NRS 379.146 Regionallibrary board: Appointment; terms; number.

REGIONAL NETWORK OF LIBRARIES

NRS 379.147 Librarydefined.

NRS 379.1473 Legislativedeclaration.

NRS 379.1475 Agreementto form regional network of libraries.

NRS 379.148 Governingboard of regional network of libraries: Members; organization; duties.

NRS 379.1483 Governingboard of regional network of libraries: Duty to establish policies andprocedures to govern programs and activities for libraries.

NRS 379.1485 Procedurefor requests by participating library and governing board of regional networkof libraries for grants of money related to regional services.

NRS 379.149 Powerof governing board of regional network of libraries to contract with stateagencies.

MISCELLANEOUS PROVISIONS

NRS 379.150 Agreementswith State Library and Archives Administrator for improvement of services.

NRS 379.160 Willfuldetention of or damage to property of public library; penalties; liability ofparent or guardian.

_________

GENERAL PROVISIONS

NRS 379.002 Goalof public libraries and information centers. Itis the goal of the States publicly supported libraries and information centersto provide the resources and trained staff to meet the informational needs ofall citizens.

(Added to NRS by 1981, 996)

NRS 379.003 Masterplan for libraries. The governing body ofevery public library in this State shall develop, through a continuing processof planning, a master plan for the library or libraries for which it isresponsible, including plans for levels of library services and resources, andshall submit the plan to the State Council on Libraries and Literacy. Themaster plan must be designed to extend 5 years into the future and must be madecurrent at least every 2 years.

(Added to NRS by 1981, 996; A 1993, 1581)

NRS 379.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS379.0051 to 379.0059, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1967, 1058; A 1981, 996; 1985, 8)

NRS 379.0051 Consolidatedlibrary defined. Consolidated library meansa library established pursuant to NRS379.0221.

(Added to NRS by 1985, 7)

NRS 379.0053 Countylibrary defined. County library means alibrary established pursuant to NRS 379.010.

(Added to NRS by 1985, 7)

NRS 379.0055 Districtlibrary defined. District library means alibrary established pursuant to NRS 379.021.

(Added to NRS by 1985, 7)

NRS 379.0057 Publiclibrary defined. Public library means aconsolidated, county, district, city or town library, a group of librarieswhich have entered into an interlocal agreement or any other librarypredominantly supported by public money.

(Added to NRS by 1985, 7)

NRS 379.0059 Townlibrary defined. Town library means alibrary maintained pursuant to NRS 379.023.

(Added to NRS by 1985, 7)

CERTIFICATION OF PERSONNEL

NRS 379.007 Purposeof certification; certificate revocable. Thepurpose of certifying the personnel of public libraries is to protect thegeneral welfare of the people of this State. Any certificate issued by theState Library and Archives Administrator is a revocable privilege and no holderof a certificate acquires any vested right therein.

(Added to NRS by 1995, 103; A 1997, 3147)

NRS 379.0073 Regulationsestablishing standards for certification.

1. The State Library and Archives Administrator shalladopt regulations establishing standards for the certification by the StateLibrary and Archives Administrator of the personnel of public libraries in thisState.

2. The regulations must include:

(a) Standards for the certification of various categoriesof library personnel, based upon their educational backgrounds, work experienceand job descriptions.

(b) The qualifications required for certification,including the courses of study or training required for each category ofcertification.

3. The regulations may include:

(a) Provisions governing the issuance of conditionalcertificates to personnel of public libraries before the completion of allcourses of study or other requirements for certification.

(b) Provisions governing the issuance of provisionalcertificates pursuant to NRS 379.0077.

4. The regulations must provide that they do not applyto a public library unless the governing authority of the library has approvedthe regulations for use by the library.

(Added to NRS by 1995, 101; A 1997, 3147)

NRS 379.0077 Submissionof application for certification and fingerprints; issuance of provisionalcertificate. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. An application for certification by the StateLibrary and Archives Administrator must include the social security number ofthe applicant.

2. Every applicant for certification by the StateLibrary and Archives Administrator shall submit with his application a completeset of his fingerprints and written permission authorizing the State Libraryand Archives Administrator to forward the fingerprints to the CentralRepository for Nevada Records of Criminal History for submission to the FederalBureau of Investigation for its report. The State Library and ArchivesAdministrator may issue a provisional certificate pending receipt of the reportif he determines that the applicant is otherwise qualified.

(Added to NRS by 1995, 102; A 1997, 2048, 3147)

NRS 379.0077 Submission of application forcertification and fingerprints; issuance of provisional certificate. [Effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.] Every applicant forcertification by the State Library and Archives Administrator shall submit withhis application a complete set of his fingerprints and written permissionauthorizing the State Library and Archives Administrator to forward thefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report. The StateLibrary and Archives Administrator may issue a provisional certificate pendingreceipt of the report if he determines that the applicant is otherwisequalified.

(Added to NRS by 1995, 102; A 1997, 2048, 3147,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings)

NRS 379.0078 Paymentof child support: Statement by applicant for certification; grounds for denialof certification; duty of State Library and Archives Administrator. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. An applicant for the issuance or renewal ofcertification shall submit to the State Library and Archives Administrator thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The State Library and Archives Administrator shallinclude the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the State Library andArchives Administrator.

3. A certificate may not be issued or renewed by theState Library and Archives Administrator if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the State Library andArchives Administrator shall advise the applicant to contact the districtattorney or other public agency enforcing the order to determine the actionsthat the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2047)

NRS 379.008 Confidentialityof application for certification and related documents; penalty; inspection offile by applicant.

1. An application to the State Library and ArchivesAdministrator for certification and all documents in the file of the State Libraryand Archives Administrator relating to an application, including:

(a) The applicants health records;

(b) The applicants fingerprints and any report fromthe Federal Bureau of Investigation;

(c) Transcripts of the applicants record at collegesor other educational institutions;

(d) Correspondence concerning the application; and

(e) Other personal information concerning theapplicant,

areconfidential.

2. It is unlawful to disclose or release theinformation in an application or a related document except pursuant to thewritten authorization of the applicant.

3. The State Library and Archives Administrator shall,upon request, make available the file of the applicant for inspection by theapplicant during regular business hours.

(Added to NRS by 1995, 102; A 1997, 3147)

NRS 379.0082 Suspensionof certification for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certification. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child support proceedings.]

1. If the State Library and Archives Administratorreceives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who has been certified by the StateLibrary and Archives Administrator, the State Library and ArchivesAdministrator shall deem that persons certification to be suspended at the endof the 30th day after the date on which the court order was issued unless theState Library and Archives Administrator receives a letter issued by thedistrict attorney or other public agency pursuant to NRS 425.550 to the person who has beencertified by the State Library and Archives Administrator stating that theperson has complied with the subpoena or warrant or has satisfied the arrearagepursuant to NRS 425.560.

2. The State Library and Archives Administrator shallreinstate the certification of a person that has been suspended by a districtcourt pursuant to NRS 425.540 if theState Library and Archives Administrator receives a letter issued by thedistrict attorney or other public agency pursuant to NRS 425.550 to the person whose certificationwas suspended stating that the person whose certification was suspended hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

(Added to NRS by 1997, 2048)

NRS 379.0083 Regulationsestablishing fees relating to issuance and renewal of certificate. The State Library and Archives Administrator may adoptregulations establishing fees:

1. Of not more than $5 for the issuance and renewal ofa certificate. The fee for issuing a duplicate certificate must be the same asfor issuing the original. The money received from such fees must be paid intothe State General Fund.

2. To cover the amount charged by the Federal Bureauof Investigation for processing the fingerprints of an applicant. The moneyreceived from such fees must be deposited with the State Treasurer for creditto the appropriate account of the Division of State Library and Archives of theDepartment of Cultural Affairs.

(Added to NRS by 1995, 102; A 1997, 3148; 2001, 926)

NRS 379.0087 Regulationssetting forth standards for approval of courses of study or training.

1. The State Library and Archives Administrator shalladopt regulations setting forth standards for the approval of a course of studyor training offered by an educational institution to qualify a person forcertification.

2. Except as otherwise provided in subsection 3, theState Library and Archives Administrator shall, upon the application of aneducational institution or as he determines necessary, review and evaluate acourse of study or training offered by an educational institution to qualify aperson for certification. If the course of study or training meets thestandards established by the State Library and Archives Administrator, it mustbe approved by the State Library and Archives Administrator.

3. In lieu of reviewing and evaluating a course ofstudy or training, the State Library and Archives Administrator may approve acourse of study or training which is approved by a national agency foraccreditation.

4. If the State Library and Archives Administratordenies or withdraws approval of a course of study or training, the educationalinstitution is entitled to a hearing and judicial review of the decision of theState Library and Archives Administrator.

(Added to NRS by 1995, 102; A 1997, 3148)

NRS 379.009 Filingand update of directory of personnel who hold certificates. The State Library and Archives Administrator shall filewith the governing authority of each public library in this State a directoryof all personnel who hold certificates, and shall advise the governingauthority from time to time, as necessary, of changes or additions to thedirectory.

(Added to NRS by 1995, 103; A 1997, 3149)

COUNTY, DISTRICT, CONSOLIDATED AND TOWN LIBRARIES

NRS 379.010 Countylibrary: Establishment and maintenance; county library fund.

1. The board of county commissioners of each countymay set apart a sum of money to be used in the establishment and maintenance ofa public library in the county. Each year thereafter the board of countycommissioners may set apart an amount of money for the purpose of operating andmaintaining 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)

NRS 379.020 Trusteesof county library: Appointment; terms; vacancies; compensation; expenses;removal.

1. The board of county commissioners shall appointfive competent persons who are residents of the county to serve as countylibrary trustees. Three trustees shall hold office for the terms of 1, 2 and 3years respectively, and two trustees shall hold office for terms of 4 years.Annually thereafter, the board of county commissioners shall appoint onetrustee who shall hold office for a term of 4 years, except that in those yearsin which the terms of two trustees expire, the board of county commissionersshall appoint two trustees for terms of 4 years. County library trustees shallhold office until their successors are appointed and qualified.

2. No trustee may be appointed to hold office for morethan two consecutive 4-year terms.

3. All vacancies which may occur at any time in theoffice of county library trustee must be filled by appointment by the board ofcounty commissioners.

4. County library trustees serve without compensation,except that the board of county commissioners may provide for compensation inan amount of not more than $40 per meeting, with a total of not more than $80per month, and may provide travel expenses and subsistence allowance for themembers in the same amounts as are allowed for employees of the county library.

5. The board of county commissioners may remove anytrustee who fails, without cause, to attend three successive meetings of thetrustees.

[2:187:1925; A 1956, 214](NRS A 1959, 329; 1967,1060; 1971, 133; 1981, 997; 1989, 612)

NRS 379.021 Countylibrary district: Procedure for formation; levy of tax for maintenance; libraryfund; separate account for gift fund and library fund.

1. Whenever in any county a petition or petitionspraying for the formation of a county library district and the establishment ofa public library therein setting forth the boundaries of the proposed librarydistrict, certified by the district judge of any judicial district as beingsigned by 10 percent of the taxpayers or by taxpayers representing 10 percentof the taxable property in the proposed county library district, as shown bythe last preceding assessment roll of the county, is presented to the board ofcounty commissioners of the county in which the territory of the proposedcounty library district is situated, accompanied by an affidavit or affidavitsof 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 thepetition or petitions are so presented:

(a) Pass a resolution to the effect that a countylibrary district with properly defined boundaries is to be established andcause to be published a notice thereof in a newspaper of general circulationwithin the district once a week for a period of 2 weeks; and

(b) Allow 30 days after the first publication of thenotice during which all taxpayers of the district in which the district libraryis to be situated have the right to file protests with the county clerk.

2. If the aggregate of protests is less than 10percent of the taxpayers voting in the last general election, the board ofcounty commissioners shall order the creation of the county library districtand the establishment of a public library therein and levy taxes in support andcontinued maintenance of the library in accordance with subsection 5.

3. If the aggregate of protests is more than 10percent of the taxpayers voting in the last general election, the board ofcounty commissioners shall proceed no further with reference to theestablishment of a county library district without submitting the question tothe voters at a primary or general election.

4. If the majority of votes cast at the election isagainst the establishment of the county library district, the question is lostand the board of county commissioners shall proceed no further. If the majorityof votes is in favor of the county library district, the board of countycommissioners shall, within 10 days after the election, order the creation ofthe county library district and establishment of a public library therein.

5. Upon the creation of a county library district andestablishment of a public library therein, the board of county commissionersshall, at the next time for levying taxes and in each year thereafter, at thetime and in the manner other taxes are levied, levy a tax upon all taxableproperty in the county library district to create and maintain a fund known asthe library fund.

6. All money received by the county treasurer pursuantto subsection 5 and NRS 379.026 may betransferred to a separate account established and administered by the trusteesof 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)

NRS 379.022 Trusteesof county library district: Appointment; terms; vacancies; compensation;expenses; removal; additional trustees if service extended.

1. After ordering the creation of a county librarydistrict and the establishment of a public library therein as provided in NRS 379.021, the board of county commissionersshall appoint five competent persons who are residents of the county librarydistrict to serve as district library trustees.

2. The term of office of the trustees appointedpursuant to subsection 1 is as follows:

(a) Three persons must be appointed for terms of 2years.

(b) Two persons must be appointed for terms of 4 years.

Thereafterthe offices of district library trustees must be filled for terms of 4 years inthe order in which the terms expire. No person may be appointed to hold officefor more than two consecutive 4-year terms.

3. A vacancy in the office of district library trusteewhich occurs because of expiration of the term of office must be filled byappointment by the board of county commissioners for a term of 4 years. Avacancy which occurs other than by expiration of the term must be filled byappointment by the board of county commissioners for the unexpired term.

4. The board of district library trustees may providefor compensation of members of the board in an amount of not more than $40 permeeting, with a total of not more than $80 per month, and may provide travelexpenses and subsistence allowances for the members in the same amounts as areallowed for employees of the county library district.

5. The board of county commissioners may remove anydistrict library trustee who fails, without cause, to attend three successivemeetings of the trustees.

6. If the library trustees of any county librarydistrict have entered into a contract pursuant to NRS 379.060 with any city within thecounty, they may add to their number two additional library trustees who areappointed by the governing body of the city to represent the residents of thecity. The terms of office of the two additional library trustees are 3 years oruntil the termination of the contract with the city for library services, ifthat termination occurs sooner. The additional library trustees have the samepowers and duties as the trustees appointed pursuant to subsection 1.

(Added to NRS by 1967, 1059; A 1971, 133; 1981, 336,998; 1989, 612)

NRS 379.0221 Consolidatedlibrary district: Consolidation of city into county library district in certaincounties. The trustees of a county library districtin any county whose population is 400,000 or more and the governing body of anycity within that county may, to establish and maintain a public library, consolidatethe city into the county library district.

(Added to NRS by 1985, 7; A 1989, 1923)

NRS 379.0222 Trusteesof consolidated library district: Appointment; terms; compensation; removal;executive director.

1. After the consolidation of a city into a countylibrary district, the board of county commissioners and the governing body ofthe city shall each appoint five competent persons who are residents of the newconsolidated library district to serve as trustees.

2. The terms of office of the trustees appointedpursuant to subsection 1 are as follows:

(a) Three persons appointed by each governing body mustbe appointed for terms of 4 years.

(b) Two persons so appointed must be appointed forterms of 2 years.

Thereafterthe offices of trustees must be filled for terms of 4 years in the order inwhich the terms expire. No person may be appointed to hold office for more thantwo consecutive terms.

3. A vacancy in the office of trustee which occursbecause of the expiration of the term must be filled by appointment for a termof 4 years. A vacancy which occurs other than by expiration of the term must befilled 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 andsubsistence allowances in the same amounts as are provided for employees of theconsolidated library district.

5. The board of county commissioners or governing bodyof 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 threesuccessive meetings of the trustees.

6. The trustees may appoint an executive director forthe consolidated library district who serves at the pleasure of the trustees.

(Added to NRS by 1985, 7; A 1989, 613; 1993, 2547)

NRS 379.0223 Consolidatedlibrary district: Name. The name of any consolidatedlibrary district established pursuant to NRS379.0221 must be selected by the trustees and include the name of the cityhaving the largest population located within the boundaries of the consolidatedlibrary district.

(Added to NRS by 1985, 8; A 1993, 2548)

NRS 379.0224 Consolidatedlibrary district: Boundaries. The boundariesof a consolidated library district include all of the area of:

1. Each city that is consolidated into the countylibrary district;

2. The county library district at the time of theestablishment of the consolidated library district, except for an area annexedby another city which:

(a) Is not consolidated into the county librarydistrict;

(b) Has established a city library pursuant to NRS 379.105 or created a municipal librarydistrict pursuant to the provisions of its charter; and

(c) Is included in a county library district, that hasnot merged with the consolidated library district, pursuant to an interlocalagreement before May 2, 2001, or pursuant to NRS379.065; and

3. Any other county library district which has mergedwith the county library district being consolidated.

(Added to NRS by 1985, 8; A 1997, 1755; 2001, 372)

NRS 379.0225 Issuanceof bonds by consolidated or county library district.

1. Except as otherwise provided in this subsection,the trustees of a consolidated or county library district may propose theissuance of general obligation bonds in an amount not to exceed 10 percent ofthe total last assessed valuation of the taxable property of the district forthe purpose of acquiring, constructing or improving buildings and other realproperty to be used for library purposes or for purchasing books, materials orequipment for newly constructed libraries. The trustees of a consolidatedlibrary district shall not propose an issuance of bonds or any other form ofindebtedness unless a public hearing on the proposal is first held before theboard of county commissioners and the governing body of the city that initiallyformed the consolidated library district pursuant to NRS 379.0221. After such a public hearinghas been held, the board of county commissioners and the governing body of thecity may each:

(a) Adopt a resolution that supports or opposes inwhole or in part the proposal of the trustees of the consolidated librarydistrict; and

(b) Transmit the resolution to the debt managementcommission of the county in which the district is situated.

2. A proposal for the issuance of bonds pursuant tosubsection 1 must be submitted to the debt management commission of the countyin which the district is situated for its approval or disapproval, pursuant tothe provisions of NRS 350.011 to 350.0165, inclusive. If the debtmanagement commission approves the proposed issuance, the question of issuingthe bonds must be submitted to the registered electors of the district inaccordance with the provisions of NRS350.020 to 350.070, inclusive. If amajority of the electors voting on the question favors the proposal, the boardof county commissioners shall issue the bonds as general obligations of theconsolidated or county library district pursuant to the provisions of the LocalGovernment Securities Law.

3. Any bond issued for purchasing books, materials orequipment for newly constructed libraries must be redeemed within 5 years afterits issuance.

(Added to NRS by 1981, 996; A 1985, 9; 1989, 613;1993, 2548; 1995, 772; 2001,370)

NRS 379.0227 Consolidatedlibrary district: Levy of tax; fund for the consolidated library; transfer ofmoney to separate account.

1. Upon the establishment of a consolidated librarydistrict, the board of county commissioners shall, at the next time for levyingtaxes and in each year thereafter, at the time and in the manner other taxesare levied, levy a tax upon all taxable property in the consolidated librarydistrict for the purpose of creating and maintaining a fund known as the fundfor the consolidated library.

2. All money received by the county treasurer pursuantto subsection 1 and NRS 379.026 may betransferred to a separate account established and administered by the trusteesof a consolidated library district in accordance with the provisions of NRS 354.603.

(Added to NRS by 1985, 8; A 1989, 614)

NRS 379.023 Townlibrary: Establishment and maintenance; levy of tax; town library fund.

1. Any free public library existing on July 1, 1967,which was established in an unincorporated town pursuant to the provisions ofchapter 90, Statutes of Nevada 1895, or of NRS379.070 to 379.120, inclusive, maybe maintained pursuant to NRS 379.005 to379.040, inclusive.

2. So long as such library is so maintained, the boardof county commissioners of the county in which such library exists shall eachyear, at the time and in the manner other taxes are levied, levy a tax upon alltaxable property in such unincorporated town for the purpose of maintaining afund to be known as the town library fund.

(Added to NRS by 1967, 1059; A 1981, 999)

NRS 379.025 Powersand duties of trustees of consolidated, county, district, town or other publiclibrary.

1. Except as otherwise provided in subsection 2, thetrustees 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, ifnecessary, dismiss a librarian or, in the case of a consolidated librarydistrict, an executive director.

(c) Hold and possess the property and effects of thelibrary in trust for the public.

(d) In the case of a county library, submit annualbudgets to the board of county commissioners, containing detailed estimates ofthe amount of money necessary for the operation and management of the libraryfor the next succeeding year.

(e) In the case of a consolidated, district or townlibrary, 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 establishedpursuant to NRS 354.603.

(2) Annually submit a budget to the board ofcounty commissioners and governing body of the city for joint review andrecommendation, which must contain detailed priorities and estimates of theamount of money necessary for the operation and management of the consolidatedlibrary district for the next succeeding year. Unless a majority of the membersof the board of county commissioners and a majority of the members of thegoverning body of the city reject the budget within 21 days after it issubmitted to them, the trustees shall cause copies of the final budget to besubmitted to the board of county commissioners for attachment to the copy ofthe final budget for the county which is filed pursuant to NRS 354.59801, and to the governing bodyof the city for attachment to the copy of the final budget for the city whichis filed pursuant to NRS 354.59801. Ifthe budget is so rejected, the trustees shall resubmit a revised budget forjoint review pursuant to this subparagraph.

(3) Submit quarterly reports to the board ofcounty commissioners and governing body of the city concerning the budget andthe programs of the library, and provide any additional information requestedby either governing body as soon as is reasonably practicable after receivingthe request.

(g) In the case of a district library, administer anyseparate account established pursuant to NRS354.603.

(h) Establish bylaws and regulations for the managementof the library and their own management.

(i) Manage all the property, real and personal, of thelibrary.

(j) Acquire and hold real and personal property, bygift, purchase or bequest, for the library.

(k) Administer any trust declared or created for thelibrary.

(l) Maintain or defend any action in reference to theproperty or affairs of the library.

2. The trustees may:

(a) Make purchases and secure rooms.

(b) Authorize the merger or, subject to the limitationsin NRS 379.0221, the consolidation of atown or city library with a county library district.

(c) Invest the money in the appropriate library fund inaccordance with the provisions of chapter 355 ofNRS.

(d) Do all acts necessary for the orderly and efficientmanagement and control of the library.

3. The trustees shall, as a primary goal of theconsolidated library district, provide the library facilities, resources andtrained 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)

NRS 379.026 Giftfunds of libraries: Establishment; source; use; investment of money.

1. The trustees of any consolidated, county, districtor town library may establish with the county treasurer, as custodian, aspecial fund, to be known as the gift fund of the ........ consolidatedlibrary, 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 maybe. 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 separateand continuing fund and no money in the fund reverts to the general fund of thecounty at any time.

2. The money in a gift fund of a library may be usedfor construction of new library buildings, capital improvements to librarybuildings, special library services or other library purposes. No expenditurefrom a gift fund of a library may be made until authorized by the trustees.

3. The trustees may invest or reinvest all or part ofthe money in the gift fund of a library in any investment authorized for cityand county money under chapter 355 of NRS.

(Added to NRS by 1961, 354; A 1967, 1061; 1985, 10)

NRS 379.027 Powersand duties of librarian. The librarian of anyconsolidated, county, district or town library shall administer all functionsof the library, employ assistants and carry out the policies established by thetrustees of the library, and may recommend policies to the trustees.

(Added to NRS by 1959, 328; A 1967, 1061; 1981, 1000;1985, 10)

NRS 379.030 Paymentof claims against library fund.

1. All claims for indebtedness incurred or created bythe trustees of any consolidated, county, district or town library must:

(a) Be audited and approved by a majority of thetrustees;

(b) Be presented to and acted upon by the board ofcounty commissioners, unless a separate account has been established pursuantto NRS 354.603; and

(c) Be paid out of the appropriate library fund in thesame manner as claims against the county are presented, acted upon and paid.

2. In no case may any claim except for a library andreading room be allowed or paid out of the appropriate library fund.

3. Any money remaining in the county library fund onJune 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)

NRS 379.040 Libraryto be free and accessible to public; regulations of trustees. The library and reading room of any consolidated, county,district or town library must forever be and remain free and accessible to thepublic, subject to such reasonable regulations as the trustees of the librarymay adopt.

[4:187:1925; NCL 5598](NRS A 1967, 1061; 1985, 10)

NRS 379.050 Transferof property of district library to new county library in certain counties;merger of county library districts in certain counties; merger or consolidationof city or town library with county library district.

1. Whenever a new county library is provided for inany county whose population is 40,000 or more, the trustees of any districtlibrary in the county previously established may transfer all books, funds,equipment or other property in the possession of such trustees to the newlibrary upon the demand of the trustees of the new library.

2. Whenever there are two or more county librarydistricts in any county whose population is 40,000 or more, the districts maymerge into one county library district upon approval of the library trustees ofthe merging districts.

3. Whenever there is a city or a town library locatedadjacent to a county library district, the city or town library may:

(a) Merge with the county library district uponapproval of the trustees of the merging library and district; or

(b) Subject to the limitations in NRS 379.0221, consolidate with the countylibrary district.

4. All expenses incurred in making a transfer ormerger 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)

NRS 379.055 Transferof county library districts property, money, contracts and appropriations toconsolidated library district. All property,money, and contracts of, and appropriations to, the county library districtbeing consolidated become the property, money and contracts of, andappropriations to, the consolidated library district.

(Added to NRS by 1985, 8)

NRS 379.060 Extensionof services of consolidated, county or district library: Contracts withcounties, cities, towns and school districts.

1. The trustees of any consolidated, county ordistrict library shall cooperate with and enter into contracts with the boardof county commissioners of any other county, or with any city or town in anyother county, or with any school district, when necessary to secure to theresidents of the other county, or to the residents of the city or town in theother county, or to the pupils of the school district, the same privileges ofthe consolidated, county or district library as are granted to or enjoyed bythe residents of the county or consolidated or county library district, or suchprivileges as may be agreed upon in the contract. The consideration agreed uponmust 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 thecounty providing the service.

2. Any contracting county, city, town or schooldistrict may terminate any contract which may be entered into upon such termsas may be agreed upon by the parties thereto.

3. Any county, city or town wherein a library has beenestablished may cooperate with and contract with the trustees of anyconsolidated, county, district or town library to obtain for the residents ofthe county, city or town an increase in library services or such privileges asmay be agreed upon.

4. The trustees of any consolidated, county ordistrict library may cooperate with and contract with the board of countycommissioners of any other county, relative to any phase of library service.

5. Any county, city or town contracting for libraryservice 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 termsas may be agreed upon by the parties thereto.

6. The tax-levying body of any county, city or towncontracting to receive library services may budget for and levy a tax to meetthe terms of the contract. The board of trustees of a school district maybudget to meet the terms of the contract.

7. The trustees of the consolidated, county ordistrict library providing services may expend any amounts received inconsideration of any such contract in addition to the amount budgeted for theconsolidated, 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)

NRS 379.065 Provisionof library services of county library district in contiguous territory servedby another library district or library: Request; joint study; determination byboard of county commissioners; alteration of boundaries.

1. If the trustees of a county library district desireto provide library services in territory which is contiguous to its boundariesbut is within the boundaries of another county library district, a consolidatedlibrary district or a county, city or town which has a library, the trustees ofthe county library district may submit a request to the trustees of such alibrary or library district to provide library services within that territory.

2. If the trustees of a library or library districtthat receives a request pursuant to subsection 1 desire that the library orlibrary district receive such library services, the trustees shall conduct ajoint study with the county library district to determine whether the countylibrary district has the financial capability to provide the library services.If the results of the study demonstrate that the county library district hassuch financial capability, the county library district may alter its boundariesto include the territory.

3. If:

(a) The trustees of a library or library district thatreceives a request pursuant to subsection 1 do not desire that the library orlibrary district receive such library services; or

(b) The results of a study conducted pursuant tosubsection 2 demonstrated that the county library district did not have thefinancial capability to provide the library services,

the countylibrary district may submit the matter to the board of county commissioners ofthe county for its determination. The board of county commissioners may requestsuch information from the county library district and library or librarydistrict as necessary to make its determination. If the board of countycommissioners determines it is in the best interest of the residents of theterritory to receive library services from the county library district, theboard of county commissioners shall by resolution authorize the county librarydistrict to alter its boundaries to include the territory. In making such adetermination, the board of county commissioners may solicit public commentfrom residents who are affected by the proposed alteration of the boundaries ofthe county library district through polling, public hearings, submission of anadvisory question at an election or any other form of public comment.

4. The provisions of this section do not apply toalter the boundaries of any library or library district for the purposes oftaxes levied for the repayment, when due, of the principal of and interest onbonds, notes or other indebtedness issued before the effective date of thealteration.

(Added to NRS by 2001, 371)

CITY LIBRARIES

NRS 379.070 Establishmentand maintenance. Any free public library whichhas 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)

NRS 379.105 Governingauthority of city library: Governing body of city or trustees; powers andduties of governing authority.

1. The governing body of the city shall determinewhether:

(a) To constitute itself the governing authority of thecity library; or

(b) To appoint a board of trustees as such governingauthority.

2. If library trustees are appointed, they and theirsuccessors shall:

(a) Establish, supervise and maintain a library.

(b) Appoint a librarian.

(c) Hold and possess the property and effects of thelibrary in trust for the public.

(d) Submit annual budgets to the governing body of thecity, containing detailed estimates of the amount of money necessary for theoperation and management of the library for the next succeeding year.

(e) Establish bylaws and regulations for the managementof the library and their own management.

(f) Manage all the property, real and personal, of thelibrary.

(g) Acquire and hold real and personal property, bygift, purchase or bequest, for the library.

(h) Administer any trust declared or created for thelibrary.

(i) Maintain or defend any action in reference to theproperty 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 acounty library district.

(c) Do all acts necessary for the orderly and efficientmanagement and control of the library.

4. The governing authority has all the powers andduties with respect to the city library that district library trustees havewith respect to a district library.

(Added to NRS by 1959, 328; A 1965, 747; 1967, 1063;1969, 493; 1981, 1001)

NRS 379.106 Giftfund.

1. The governing authority of any city library isauthorized to establish with the city treasurer, as custodian, a special fund,known as the ................ city library gift fund. The moneys in such fundmust be derived from all or any part of any gift, bequest or devise, includingthe interest thereon. The gift fund is a separate and continuing fund and nomoneys in it revert to the general fund of the city at any time.

2. The moneys in a city library gift fund may be usedfor construction of new library buildings, capital improvements to librarybuildings, special library services, or other library purposes. No expenditurefrom a city library gift fund may be made until authorized by the governingauthority.

3. The governing authority of a city library mayinvest or reinvest all or part of the moneys in the city library gift fund inany investment authorized for city and county moneys under chapter 355 of NRS.

(Added to NRS by 1961, 354; A 1967, 1064; 1981, 1002)

NRS 379.107 Powersand duties of librarian. The librarian of anycity library shall administer all functions of the library, employ assistantsand carry out the policies established by the governing authority, and mayrecommend policies to the governing authority.

(Added to NRS by 1959, 328; A 1967, 1064; 1981, 1002)

NRS 379.120 Libraryto be free and accessible to public; regulations of governing authority. The library and reading room shall forever be and remainfree and accessible to the people of the city, subject to such reasonable rulesand regulations as the governing authority may adopt.

[6:48:1956](NRS A 1967, 1064)

REGIONAL LIBRARIES

NRS 379.142 Politicalsubdivision defined. As used in NRS 379.142 to 379.146, inclusive, political subdivisionmeans a consolidated, county, city, town, or county library district, orlegally established libraries therein.

(Added to NRS by 1959, 280; A 1965, 430; 1985, 12)

NRS 379.143 Establishmentand maintenance by agreement; apportionment of expenses; custody of money.

1. Any two or more political subdivisions may join inestablishing and maintaining a regional library through a written joint agreementof their governing bodies.

2. The agreement shall provide for the fairapportionment of expenses and that the treasurer or other fiscal officer of oneof the participating political subdivisions shall be selected as treasurer ofthe regional library and shall have custody of the funds of the regionallibrary.

(Added to NRS by 1959, 280)

NRS 379.144 Transferof money to regional library. The treasurer orother fiscal officer of the other participating political subdivisions shalltransfer to the treasurer of the regional library all moneys collected forregional public library purposes in their respective political subdivisions, inaccordance with a joint agreement.

(Added to NRS by 1959, 280; A 1965, 430)

NRS 379.145 Divisionof property on withdrawal. If one of theparticipating political subdivisions withdraws from the agreement, it isentitled to a division of the property of the regional library on the basis ofits contribution.

(Added to NRS by 1959, 280)

NRS 379.146 Regionallibrary board: Appointment; terms; number.

1. Each regional library shall be governed by aregional library board appointed in accordance with a method jointly agreedupon by the governing bodies of the participating political subdivisions, for aterm of not more than 4 years.

2. The regional library board shall consist of notless than 5 nor more than 11 members.

(Added to NRS by 1959, 280)

REGIONAL NETWORK OF LIBRARIES

NRS 379.147 Librarydefined. As used in NRS 379.147 to 379.149, inclusive, library includespublic 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)

NRS 379.1473 Legislativedeclaration. The Legislature declares:

1. That the State recognizes the desirability ofsupporting the extension of library services beyond the jurisdiction of anysingle library;

2. That the formation of a regional network oflibraries is an effective means of providing services beyond local boundaries;and

3. That all public libraries in this State should belinked to regional networks to form a system of communications and provision ofservices which will encourage cooperation and maximum use of availableresources.

(Added to NRS by 1981, 726)

NRS 379.1475 Agreementto form regional network of libraries.

1. The governing bodies of two or more libraries mayenter into an agreement to form a regional network of libraries for the purposeof facilitating regional cooperation, improved communications and sharing ofresources. The purposes of the regional network may be furthered by suchactivities as:

(a) Developing and operating interlibrary systems toimprove access to dispersed library and information services.

(b) Applying new technologies for improved efficiencyin the use and availability of resources.

(c) Improving access to advanced research which willhelp increase productivity and solve emerging problems of common concern.

2. An agreement to form a regional network oflibraries is subject to the provisions of the Interlocal Cooperation Act.

(Added to NRS by 1981, 726)

NRS 379.148 Governingboard of regional network of libraries: Members; organization; duties.

1. A regional network of libraries is governed by aboard 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 bylawsfor 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 ofregional services. The master plan must be designed to extend 5 years into thefuture and must be made current at least every 2 years.

(Added to NRS by 1981, 726)

NRS 379.1483 Governingboard of regional network of libraries: Duty to establish policies andprocedures to govern programs and activities for libraries. The governing board of a regional network of libraries hasprimary responsibility for, and shall establish policies and procedures togovern, library programs and activities which extend beyond the jurisdiction ofany single participating library. These programs and activities include but arenot limited to libraries, interlibrary loans, development of databases andutilization of new technologies for communication among libraries.

(Added to NRS by 1981, 727)

NRS 379.1485 Procedurefor requests by participating library and governing board of regional networkof libraries for grants of money related to regional services.

1. Whenever a participating library seeks a grant ofmoney related to regional services from the State, the Federal Government oranother source, it must first submit the request to the governing board of theregional network for review.

2. After review, the governing board of the regionalnetwork shall forward the request to the granting agency along with itscomments and suggestions for priority. If the request is for a state grant, thegranting agency must consider the priority designated by the governing board.

3. The governing board may request and receive giftsor grants of money from the State, the Federal Government or another source forpurposes of the regional network. Among requests for state grants, requestsfrom the regional network have priority over requests from participating libraries.

(Added to NRS by 1981, 727)

NRS 379.149 Powerof governing board of regional network of libraries to contract with stateagencies. The governing board of a regionalnetwork of libraries may enter into contracts with state agencies for:

1. The administration of grants of money for librarypurposes; and

2. The provision of library services,

in theregion served by the regional network.

(Added to NRS by 1981, 727)

MISCELLANEOUS PROVISIONS

NRS 379.150 Agreementswith State Library and Archives Administrator for improvement of services. A library operated pursuant to the provisions of thischapter 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)

NRS 379.160 Willfuldetention of or damage to property of public library; penalties; liability ofparent or guardian.

1. Any person who willfully detains any book,newspaper, magazine, pamphlet, manuscript, filmstrip or other property of anypublic library or reading room for more than 30 days after receipt of writtennotice demanding the return of any such article or property shall be punishedby 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 ofcuriosity deposited in any public library or reading room shall be punished bya fine of not more than $500.

3. The parent or guardian of a minor who willfully andmaliciously commits any acts within the scope of subsection 1 or 2 is liablefor all damages so caused by the minor.

(Added to NRS by 1957, 6; A 1965, 125; 1967, 563;1985, 114)

 

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