HF 897

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to libraries; establishing a Minnesota state 
  1.3             library board; amending Minnesota Statutes 2002, 
  1.4             sections 134.001, by adding a subdivision; 134.22; 
  1.5             134.32; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 134. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 134.001, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 9.  [BOARD.] "Board" means the Minnesota state 
  1.11  library board. 
  1.12     [EFFECTIVE DATE.] This section is effective October 1, 2003.
  1.13     Sec. 2.  [134.085] [MINNESOTA STATE LIBRARY BOARD.] 
  1.14     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] The Minnesota 
  1.15  state library board is established and shall consist of 11 
  1.16  members to be appointed by the governor with the advice and 
  1.17  consent of the senate.  One member shall be appointed from each 
  1.18  of the congressional districts and the remaining members shall 
  1.19  be appointed at large.  Persons appointed to the board shall 
  1.20  have demonstrated experience or interest in library service.  No 
  1.21  more than four of the members shall during their terms of office 
  1.22  be employed in school media, library, or information services.  
  1.23  The board members shall annually select from their membership a 
  1.24  chair and other officers as they deem necessary. 
  1.25     Subd. 2.  [TERMS; COMPENSATION; REMOVAL; VACANCIES.] (a) 
  1.26  The membership terms, compensation, removal of members, and 
  2.1   filling of vacancies shall be as provided in section 15.0575, 
  2.2   except for the initial members whose terms shall be as provided 
  2.3   in paragraph (b). 
  2.4      (b) Three of the initial board members, including one 
  2.5   at-large board member, shall be appointed, by lot, to terms that 
  2.6   expire the first Monday in January in each of the years 2004, 
  2.7   2006, and 2007.  The remaining two members shall be appointed, 
  2.8   by lot, to terms that expire the first Monday in January 2005. 
  2.9      Subd. 3.  [MEETINGS.] The board must meet regularly at the 
  2.10  times and places as determined by the board.  Meetings must be 
  2.11  called by the chair or at the written request of any eight 
  2.12  members. 
  2.13     Subd. 4.  [STATE LIBRARIAN; STAFF.] A state librarian shall 
  2.14  be selected by a majority of the board and shall serve at the 
  2.15  pleasure of the board.  The state librarian must hold an 
  2.16  American Library Association accredited master of library 
  2.17  science degree.  The state librarian may, upon designation and 
  2.18  instruction by the board, serve as the state agent to apply for, 
  2.19  receive, and disburse federal funds made available to the state 
  2.20  in furtherance of libraries.  The state librarian is the chief 
  2.21  administrative officer of the board and is responsible for 
  2.22  performing the executive duties of the board as provided in this 
  2.23  section.  The state librarian shall not be a member of the 
  2.24  board.  All other employees of the board are selected by the 
  2.25  state librarian and shall be in the classified civil service of 
  2.26  the state. 
  2.27     Subd. 5.  [POWERS AND DUTIES.] The board has the powers and 
  2.28  duties necessary to: 
  2.29     (1) be the leading voice and advocate for public, 
  2.30  kindergarten through grade 12 school, academic, government, and 
  2.31  special libraries in the state; 
  2.32     (2) advise the governor, the legislature, state, regional 
  2.33  and local agencies, school boards, and other elected officials 
  2.34  on library-related issues; 
  2.35     (3) prepare statewide plans for library and information 
  2.36  services, coordinated with regional plans, that identify and 
  3.1   address trends in library and information services, including, 
  3.2   but not limited to, use of technology; 
  3.3      (4) facilitate partnerships between libraries and other 
  3.4   state agencies that result in statewide and regional initiatives 
  3.5   and programs, such as MnLINK and MINITEX; 
  3.6      (5) work cooperatively with all state agencies and library 
  3.7   organizations and agencies, such as the Minnesota library 
  3.8   association, Minnesota educational media organization, Minnesota 
  3.9   education telecommunications council, higher education services 
  3.10  office, and capitol area library consortium; 
  3.11     (6) support the provision of library service for every 
  3.12  citizen; 
  3.13     (7) give advice, instruction, and technical assistance 
  3.14  pertaining to the organization, maintenance, or administration 
  3.15  of libraries to the board, managers, and staff of any regional 
  3.16  public or multitype system, public library, school library media 
  3.17  center, postsecondary educational institution library, state 
  3.18  agency library, or any governmental unit, nonprofit 
  3.19  organization, or private entity maintaining a library; 
  3.20     (8) administer all state funding for regional public and 
  3.21  multitype library systems; 
  3.22     (9) administer all federal funding for libraries; 
  3.23     (10) assist, to the extent possible, in the establishment 
  3.24  and organization of library service in areas where none exists 
  3.25  and aid in improving previously established libraries; 
  3.26     (11) collect statistics on the receipts, expenditures, 
  3.27  services, and use of the regional library systems, the public 
  3.28  libraries of the state, and any library receiving state or 
  3.29  federal grant funds, including, but not limited to, statistics 
  3.30  on all activities under sections 134.31 to 134.35; and 
  3.31     (12) operate the Minnesota library for the blind and 
  3.32  physically handicapped. 
  3.33     [EFFECTIVE DATE.] This section is effective October 1, 2003.
  3.34     Sec. 3.  Minnesota Statutes 2002, section 134.22, is 
  3.35  amended to read: 
  3.36     134.22 [COMPACT ADMINISTRATOR.] 
  4.1      The commissioner of children, families, and learning board 
  4.2   shall designate an officer or employee of the department of 
  4.3   children, families, and learning board as compact 
  4.4   administrator.  The compact administrator shall receive copies 
  4.5   of all agreements entered into by the state or its political 
  4.6   subdivisions and other states or political subdivisions; consult 
  4.7   with, advise, and aid such governmental units in the formulation 
  4.8   of such agreements; make such recommendations to the governor, 
  4.9   legislature, and governmental agencies and units as the 
  4.10  administrator deems desirable to effectuate the purposes of this 
  4.11  compact; and consult and cooperate with the compact 
  4.12  administrators of other party states. 
  4.13     [EFFECTIVE DATE.] This section is effective October 1, 2003.
  4.14     Sec. 4.  Minnesota Statutes 2002, section 134.32, is 
  4.15  amended to read: 
  4.16     134.32 [GRANT AUTHORIZATION; TYPES OF GRANTS.] 
  4.17     Subdivision 1.  [PROVISION OF GRANTS.] The department board 
  4.18  shall provide the grants specified in this section from any 
  4.19  available state, federal, or other funds. 
  4.20     Subd. 3.  [REGIONAL LIBRARY BASIC SYSTEM SUPPORT GRANTS.] 
  4.21  It The board shall provide regional library basic system support 
  4.22  grants to regional public library systems which meet the 
  4.23  requirements of section 134.34, to assist those systems in 
  4.24  providing basic system services. 
  4.25     Subd. 4.  [SPECIAL PROJECT GRANTS.] It The board may 
  4.26  provide special project grants to assist innovative and 
  4.27  experimental library programs including, but not limited to, 
  4.28  special services for American Indians and the 
  4.29  Spanish-speaking non-English, delivery of library materials to 
  4.30  homebound persons, other extensions of library services to 
  4.31  persons without access to libraries and projects to strengthen 
  4.32  and improve library services. 
  4.33     Subd. 5.  [INTERLIBRARY EXCHANGE GRANTS.] It The board may 
  4.34  provide grants for interlibrary exchange of books, periodicals, 
  4.35  resource material, reference information and the expenses 
  4.36  incident to the sharing of library resources and materials, 
  5.1   including planning, development and operating grants to 
  5.2   multicounty, multitype library systems.  
  5.3      Subd. 6.  [LIBRARY SERVICE GRANTS.] It The board may 
  5.4   provide grants for the improvement of library services at 
  5.5   welfare and corrections institutions and for library service for 
  5.6   the blind and physically handicapped. 
  5.7      Subd. 7.  [CONSTRUCTION OR REMODELING GRANTS.] It The board 
  5.8   may provide grants for construction or remodeling of library 
  5.9   facilities from any state and federal funds specifically 
  5.10  appropriated for this purpose. 
  5.11     Subd. 8.  [RULEMAKING.] (a) The commissioner board 
  5.12  shall promulgate adopt rules consistent with sections 134.32 to 
  5.13  134.35 governing: 
  5.14     (1) applications for these grants under this section; and 
  5.15     (2) computation formulas for determining the amounts of 
  5.16  establishment grants and regional library basic system support 
  5.17  grants; and 
  5.18     (3) eligibility criteria for grants. 
  5.19     (b) To the extent allowed under federal law, a construction 
  5.20  grant applicant, in addition to the points received under 
  5.21  Minnesota Rules, part 3530.2632, shall receive an additional 
  5.22  five points if the construction grant is for a project combining 
  5.23  public library services and school district library services at 
  5.24  a single location. 
  5.25     [EFFECTIVE DATE.] This section is effective October 1, 2003.
  5.26     Sec. 5.  [TRANSFER.] 
  5.27     Subdivision 1.  [POWERS AND DUTIES.] On October 1, 2003, 
  5.28  the powers, duties, and responsibilities of the department of 
  5.29  children, families, and learning with respect to public 
  5.30  libraries as defined in Minnesota Statutes, section 134.001, 
  5.31  subdivision 2, but notwithstanding Minnesota Statutes, section 
  5.32  134.001, subdivision 2, including the Minnesota library for the 
  5.33  blind and physically handicapped, and public library services as 
  5.34  defined in Minnesota Statutes, section 134.001, subdivision 3, 
  5.35  and notwithstanding Minnesota Statutes, section 134.001, 
  5.36  subdivision 2, including the Minnesota library for the blind and 
  6.1   physically handicapped, and library development, are transferred 
  6.2   to the Minnesota state library board under Minnesota Statutes, 
  6.3   section 15.039, subdivisions 1 to 6. 
  6.4      Subd. 2.  [SUPPLIES AND EQUIPMENT.] All supplies, 
  6.5   equipment, files, and materials used by the department of 
  6.6   children, families, and learning to carry out its powers, 
  6.7   duties, and responsibilities in respect to public libraries, 
  6.8   services, development, and the Minnesota library for the blind 
  6.9   and physically handicapped, are transferred to the board. 
  6.10     Subd. 3.  [POSITIONS AND PERSONNEL.] Positions in the 
  6.11  department of children, families, and learning with respect to 
  6.12  libraries under this section are transferred under Minnesota 
  6.13  Statutes, section 15.039, subdivision 7, except that the board 
  6.14  shall determine the incumbents to be transferred. 
  6.15     [EFFECTIVE DATE.] This section is effective the day 
  6.16  following final enactment. 
  6.17     Sec. 6.  [TRANSITION.] 
  6.18     By October 1, the department of children, families, and 
  6.19  learning shall facilitate the transition of its powers, duties, 
  6.20  and responsibilities in respect to libraries under section 5 as 
  6.21  follows: 
  6.22     (1) initiate the state board appointment process in 
  6.23  consultation with the governor and set the date and place for 
  6.24  the first meeting of the Minnesota state library board; 
  6.25     (2) provide assistance as requested by the Minnesota state 
  6.26  library board to recruit the state librarian and Minnesota state 
  6.27  library board staff; 
  6.28     (3) continue administering any powers, duties, and 
  6.29  responsibilities in respect to libraries until the transfer to 
  6.30  the Minnesota state library board is complete; and 
  6.31     (4) provide other assistance as requested by the governor 
  6.32  and Minnesota state library board. 
  6.33     [EFFECTIVE DATE.] This section is effective the day 
  6.34  following final enactment. 
  6.35     Sec. 7.  [REVISOR INSTRUCTION.] 
  6.36     In the next edition of Minnesota Statutes and Minnesota 
  7.1   Rules, the revisor shall make the following terminology changes: 
  7.2      (1) all library references involving the commissioner of 
  7.3   children, families, and learning or department of children, 
  7.4   families, and learning shall be rewritten to give all relevant 
  7.5   responsibilities or authorities to the Minnesota state library 
  7.6   board or state librarian; and 
  7.7      (2) all references to library programs being transferred 
  7.8   from the department of children, families, and learning to 
  7.9   reflect that those programs are under the jurisdiction of the 
  7.10  Minnesota state library board. 
  7.11     [EFFECTIVE DATE.] This section is effective October 1, 2003.