(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 or regulations promulgated under provisions of this part 1 shall be subject to sections 24-4-103 (8)(c) and (8)(d) and 24-4-108.
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;
To furnish or contract for the furnishing of library or information services to stateofficials and departments;
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;
To furnish or contract for the furnishing of library services to persons who are blindand physically disabled, including persons who cannot use printed materials in their conventional format;
To contract for the furnishing of library resources to ensure equal access to information for all Coloradans;
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;
To provide for the collection, analysis, publication, and distribution of statistics andinformation 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.
To conduct or contract for research projects necessary to plan and evaluate the effectiveness of library programs in the state;
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;
To report to the state board of education at such times and on such matters as theboard may require;
To accept gifts and bequests of money or property, and, subject to the terms of anygift 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.
To serve as the repository of the bylaws and the legal service area maps of all librarydistricts 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;
To serve as the agency of the state to receive and administer state or federal fundsthat 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;
To develop regulations under which state grants are distributed for assisting in theestablishment, 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;
(Deleted by amendment, L. 2003, p. 2445, § 5, effective August 15, 2003.)
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;
To carry out the functions and responsibilities of the Colorado virtual library networkpursuant to part 3 of this article.
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.
Editor's note: This section is similar to former §§ 24-90-107 and 24-90-108 as they existed prior to 1979.