Sub-Chapter 1: General Provisions
§ 601. Appointment of state librarian; powers and duties
(a) After consultation with the board, the secretary of administration, with the approval of the governor and with the advice and consent of the senate, shall appoint a state librarian for an indefinite term. The secretary, after consultation with the board, may remove the state librarian from office. Any person appointed state librarian must be a professional librarian and must possess a degree in library science from an institution accredited by the American Library Association. The state librarian shall serve as the administrative head of the department of libraries, and shall serve as secretary to the board of libraries, but shall not be a member of the board.
(b) As administrative head of the department of libraries the state librarian may appoint and engage employees subject to the provisions of chapter 13 of Title 3.
(c) The state librarian shall distribute, in accordance with sections 1152-1163 and 1191-1193a of Title 29, and other official lists maintained by the state librarian, the acts and resolves of the general assembly, the legislative directory, the Vermont Statutes Annotated, the Vermont key number digest, the journals of the senate and house of representatives, the Vermont reports and other official reports and documents. The state librarian shall maintain records of all documents which he or she distributes. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 10, eff. May 6, 1996.)
§ 602. Board of libraries
A board of libraries, referred to in this chapter as "the board", is established. The board shall serve in an advisory capacity to the state librarian. The board shall consist of seven members appointed by the governor with the advice and consent of the senate. At the time of appointment of the initial board one member shall be appointed for a term of one year, and two members for terms of two years, two for three years and two for four years. Thereafter, all appointments shall be for a term of four years. The governor may appoint a member to replace any member of the board who dies or resigns, to serve for the balance of the unexpired term of office. No person shall be appointed to the board for more than two full terms, consecutive or otherwise. In making appointments to the board the governor shall, as the governor finds feasible, consult with educational officials, librarians and library administrators, the Vermont Bar Association, or other segments of the population. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 9, eff. May 6, 1996.)
§ 603. Officers; meetings
The board shall elect annually a chair and a vicechair. The chair shall preside at meetings of the board; the vicechair shall preside in the absence of the chair. The secretary shall record the votes and proceedings of the board. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; 1995, No. 148 (Adj. Sess.), § 14(a).)
§ 604. Books and materials
All books, documents, pictures, maps, pamphlets and other documentary material, and all films and film strips, belonging to the state and not placed by law in the custody of another department or agency of the state, shall constitute material of the department of libraries. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.)
§ 605. Duties and functions of the Department of Libraries
The duties and functions of the Department of Libraries shall be to provide, administer, and maintain:
(1) A law library to serve the Supreme Court, the Attorney General, other members of the Judiciary, the legal profession, members of the Legislature, officials of State government and the general public.
(2) A collection of State documents and of documents relating to other states, and local and federal governments. It shall arrange for and designate depositories of State documents which designation is to include Bailey Library at the University of Vermont. The Department may acquire reports and documents published by federal agencies and by other states and countries, and may arrange for the exchange of official reports and publications with federal agencies, and with governmental agencies in other states and countries.
(3) An information and reference service to State government, including a comprehensive collection of current information relating to matters of public policy and topics pertinent to State government.
(4) A general library collection of a sufficient size and scope to reinforce and supplement the resources of local and regional libraries. All materials of the Department of Libraries shall be available for free circulation to all citizens, institutions and organizations under regulations of the State Librarian except that the State Librarian may restrict rare or reference-type materials to one location. The Department shall arrange, classify, and catalog all materials in its custody and provide for their safekeeping, and shall rebind books as needed. The Department shall provide service to other libraries in the State, schools, and individuals, and may provide service by mail or book wagon or otherwise.
(5) A service of advice and consultation to all libraries in the State, in order to assist them in realizing their potential. This service shall be provided at a regional level as well as at the State level. The Department may provide centralized cataloging and other related technical services to libraries in the State to the extent feasible.
(6) All libraries in State correctional institutions and all State institutions for the treatment of persons with a mental condition or psychiatric disability and persons with an intellectual disability.
(7) Reading materials for persons who are blind and persons with a physical disability. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1971, No. 162 (Adj. Sess.), § 1; 2013, No. 96 (Adj. Sess.), § 140.)
§ 606. Other duties and functions
The Department, in addition to the functions specified in section 605 of this title:
(1) Shall administer any grants-in-aid to libraries which may be available from State funds, and may prepare plans and applications to obtain federal aid monies which may be available.
(2) Shall provide consultative services to other libraries in the State, and shall encourage formation of central records of library holdings.
(3) Shall promote improved communications among libraries in the State as well as cooperative use of facilities.
(4) May provide facilities in cooperation with other libraries for storage of little used materials.
(5) May conduct seminars, workshops, and other programs to increase the professional competence of librarians in the State.
(6) May receive and administer gifts of real and personal property accepted by the Governor on behalf of the State under 29 V.S.A. § 101.
(7) May dispose of by sale or exchange, or may discard, material which is obsolete or has ceased to be useful, because of its physical condition or otherwise. Any proceeds from the sale or disposition of materials shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department for the purchase of library materials.
(8) Shall be the primary access point for State information, and provide advice on State information technology policy. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), §§ 4(a), 11, eff. May 6, 1996; 1997, No. 59, § 15, eff. June 30, 1997; 2009, No. 33, § 44; 2009, No. 91 (Adj. Sess.), § 10, eff. May 6, 2010.)
§ 607. Actions to recover books
The attorney general, at the request of the state librarian, shall institute appropriate legal proceedings in the name of the state for the recovery of books or materials of the department unlawfully taken or withheld by others. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.)
§ 608. Audio-visual revolving fund
There is established within the department of libraries a revolving fund for the audio-visual services unit to cover expenses of distribution of audio-visual materials. Receipts to the fund shall be from postage or delivery charges assessed by the department to users of materials from this unit. (Added 1981, No. 108, § 323.)
§ 609. Repealed. 2011, No. 33, § 13(2).
§ 610. Nonprofit foundation for public library services
The state librarian is authorized to establish a nonprofit foundation for the purpose of raising funds from private sources to enhance public library services in Vermont. All funds from private sources shall be used for grants to Vermont public libraries as defined by section 101 of this title to further any purpose considered to be in harmony with the original purpose of the gift. The state librarian shall not spend more than $5,000.00 of appropriated funds in any one fiscal year to establish and to administer the nonprofit foundation. No funds raised from private sources shall be used by the state librarian to replace funds appropriated for the operation of the department of libraries. (Added 1999, No. 152 (Adj. Sess.), § 30a; amended 2009, No. 33, § 45.)
Sub-Chapter 2: Aid To Local Libraries
§ 631. General provisions
On application by the board of trustees of a public library in a town, city or incorporated village not having a free public library owned and controlled by such town, city or village, the state librarian may expend $100.00 of the moneys annually available for the purposes of this chapter, for books for such town, city or village, and shall select and purchase books for the purpose of establishing a free public library in that town, city or village. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)
§ 632. Requirements
A town, city or incorporated village shall not be entitled to the benefits of section 631 of this title, unless such town, city or village has elected a board of library trustees as provided in chapter 3 of this title and has voted to instruct such trustees to make application therefor to the state librarian and unless such trustees have provided, in a manner satisfactory to the board, for the care, custody and distribution of the books furnished under this subchapter. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)
§ 633. Appropriation by municipality
A town, city or incorporated village voting to instruct its board of library trustees to make application to the State Librarian under section 631 of this title, shall annually appropriate for the maintenance of its free public library a sum not less than $50.00, if its grand list is $10,000.00 or over, or a sum not less than $25.00, if its grand list is less than $10,000.00 and not less than $2,500.00, or a sum not less than $15.00 if its grand list is less than $2,500.00. The selectmen of such town or the trustees of such village shall annually, in the month of September, draw an order on the treasurer of the town or village, payable to such trustees, for the amount of such appropriation, without the town, city or village having voted such appropriation. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)
§ 634. Aid to free public libraries
The state librarian may assist free public or other nonprofit libraries which formulate and implement plans for the systematic and effective coordination of libraries and library services. Grants may be made in accordance with standards of the service, consistent with the Federal Library Services and Construction Act, chapter 16 of Title 20, United States code as amended. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)
§ 635. Requirements
If the board of trustees of a free public library, any part of whose books has been paid for with state funds, fails to provide for the safety and public usefulness of such books or fails to pay the annual appropriation in accordance with section 633 of this title, the state librarian shall notify in writing the trustees of such library as to the requirements of the state librarian in respect to such books. If such trustees neglect to comply with such requirements for 60 days after the serving of such notice, such books shall thereafter be under the full control of the state librarian. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.)