[Rev. 11/21/2013 11:13:42 AM--2013]

CHAPTER 379 - PUBLIC LIBRARIES

GENERAL PROVISIONS

NRS 379.002           Goal of public libraries and information centers.

NRS 379.003           Master plan for libraries.

NRS 379.005           Definitions.

NRS 379.0051         “Consolidated library” defined.

NRS 379.0053         “County library” defined.

NRS 379.0055         “District library” defined.

NRS 379.0057         “Public library” defined.

NRS 379.0059         “Town library” defined.

CERTIFICATION OF PERSONNEL

NRS 379.007           Purpose of certification; certificate revocable.

NRS 379.0073         Regulations establishing standards for certification.

NRS 379.0077         Submission of application for certification and fingerprints; issuance of provisional certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 379.0077         Submission of application for certification and fingerprints; issuance of provisional certificate. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 379.0078         Payment of child support: Statement by applicant for certification; grounds for denial of certification; duty of State Library and Archives Administrator. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 379.0079         Renewal of certification; information required of applicant; grounds for nonrenewal. [Effective January 1, 2014.]

NRS 379.008           Confidentiality of application for certification and related documents; penalty; inspection of file by applicant.

NRS 379.0082         Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 379.0083         Regulations establishing fees relating to issuance and renewal of certificate.

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

NRS 379.009           Filing and update of directory of personnel who hold certificates.

COUNTY, DISTRICT, CONSOLIDATED AND TOWN LIBRARIES

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

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

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

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

NRS 379.0221         Consolidated library district: Consolidation of city into county library district in certain counties.

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

NRS 379.0223         Consolidated library district: Name.

NRS 379.0224         Consolidated library district: Boundaries.

NRS 379.0225         Issuance of bonds by consolidated or county library district.

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

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

NRS 379.025           Powers and duties of trustees of consolidated, county, district, town or other public library.

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

NRS 379.027           Powers and duties of librarian.

NRS 379.030           Payment of claims against library fund.

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

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

NRS 379.055           Transfer of county library district’s property, money, contracts and appropriations to consolidated library district.

NRS 379.060           Extension of services of consolidated, county or district library: Contracts with counties, cities, towns and school districts.

NRS 379.065           Provision of library services of county library district in contiguous territory served by another library district or library: Request; joint study; determination by board of county commissioners; alteration of boundaries.

CITY LIBRARIES

NRS 379.070           Establishment and maintenance.

NRS 379.105           Governing authority of city library: Governing body of city or trustees; powers and duties of governing authority.

NRS 379.106           Gift fund.

NRS 379.107           Powers and duties of librarian.

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

REGIONAL LIBRARIES

NRS 379.142           “Political subdivision” defined.

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

NRS 379.144           Transfer of money to regional library.

NRS 379.145           Division of property on withdrawal.

NRS 379.146           Regional library board: Appointment; terms; number.

REGIONAL NETWORK OF LIBRARIES

NRS 379.147           “Library” defined.

NRS 379.1473         Legislative declaration.

NRS 379.1475         Agreement to form regional network of libraries.

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

NRS 379.1483         Governing board of regional network of libraries: Duty to establish policies and procedures to govern programs and activities for libraries.

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

NRS 379.149           Power of governing board of regional network of libraries to contract with state agencies.

MISCELLANEOUS PROVISIONS

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

NRS 379.160           Willful detention of or damage to property of public library; penalties; liability of parent or guardian.

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GENERAL PROVISIONS

      NRS 379.002  Goal of public libraries and information centers.  It is the goal of the State’s publicly supported libraries and information centers to provide the resources and trained staff to meet the informational needs of all citizens.

      (Added to NRS by 1981, 996)

      NRS 379.003  Master plan for libraries.  The governing body of every public library in this State shall develop, through a continuing process of planning, a master plan for the library or libraries for which it is responsible, including plans for levels of library services and resources, and shall submit the plan to the State Council on Libraries and Literacy. The master plan must be designed to extend 5 years into the future and must be made current 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 otherwise requires, the words and terms defined in NRS 379.0051 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  “Consolidated library” defined.  “Consolidated library” means a library established pursuant to NRS 379.0221.

      (Added to NRS by 1985, 7)

      NRS 379.0053  “County library” defined.  “County library” means a library established pursuant to NRS 379.010.

      (Added to NRS by 1985, 7)

      NRS 379.0055  “District library” defined.  “District library” means a library established pursuant to NRS 379.021.

      (Added to NRS by 1985, 7)

      NRS 379.0057  “Public library” defined.  “Public library” means a consolidated, county, district, city or town library, a group of libraries which have entered into an interlocal agreement or any other library predominantly supported by public money.

      (Added to NRS by 1985, 7)

      NRS 379.0059  “Town library” defined.  “Town library” means a library maintained pursuant to NRS 379.023.

      (Added to NRS by 1985, 7)

CERTIFICATION OF PERSONNEL

      NRS 379.007  Purpose of certification; certificate revocable.  The purpose of certifying the personnel of public libraries is to protect the general welfare of the people of this State. Any certificate issued by the State Library and Archives Administrator is a revocable privilege and no holder of a certificate acquires any vested right therein.

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

      NRS 379.0073  Regulations establishing standards for certification.

      1.  The State Library and Archives Administrator shall adopt regulations establishing standards for the certification by the State Library and Archives Administrator of the personnel of public libraries in this State.

      2.  The regulations must include:

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

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

      3.  The regulations may include:

      (a) Provisions governing the issuance of conditional certificates to personnel of public libraries before the completion of all courses of study or other requirements for certification.

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

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

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

      NRS 379.0077  Submission of application for certification and fingerprints; issuance of provisional certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An application for certification by the State Library and Archives Administrator must include the social security number of the applicant.

      2.  Every applicant for certification by the State Library and Archives Administrator shall submit with the application a complete set of his or her fingerprints and written permission authorizing the State Library and Archives Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The State Library and Archives Administrator may issue a provisional certificate pending receipt of the report if the Administrator determines that the applicant is otherwise qualified.

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

      NRS 379.0077  Submission of application for certification and fingerprints; issuance of provisional certificate. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  Every applicant for certification by the State Library and Archives Administrator shall submit with the application a complete set of his or her fingerprints and written permission authorizing the State Library and Archives Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The State Library and Archives Administrator may issue a provisional certificate pending receipt of the report if the Administrator determines that the applicant is otherwise qualified.

      (Added to NRS by 1995, 102; A 1997, 2048, 3147, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 379.0078  Payment of child support: Statement by applicant for certification; grounds for denial of certification; duty of State Library and Archives Administrator. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

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

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

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

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the State Library and Archives Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2047)

      NRS 379.0079  Renewal of certification; information required of applicant; grounds for nonrenewal. [Effective January 1, 2014.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of certification by the State Library and Archives Administrator must indicate in the application submitted to the State Library and Archives Administrator whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Certification may not be renewed by the State Library and Archives Administrator if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Library and Archives Administrator pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2728, effective January 1, 2014)

      NRS 379.008  Confidentiality of application for certification and related documents; penalty; inspection of file by applicant.

      1.  Except as otherwise provided in NRS 239.0115, an application to the State Library and Archives Administrator for certification and all documents in the file of the State Library and Archives Administrator relating to an application, including:

      (a) The applicant’s health records;

      (b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation;

      (c) Transcripts of the applicant’s records at colleges or other educational institutions;

      (d) Correspondence concerning the application; and

      (e) Other personal information concerning the applicant,

Ê are confidential.

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

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

      (Added to NRS by 1995, 102; A 1997, 3147; 2007, 2096)

      NRS 379.0082  Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the State Library and Archives Administrator receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified by the State Library and Archives Administrator, the State Library and Archives Administrator shall deem that person’s certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Library and Archives Administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified by the State Library and Archives Administrator stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The State Library and Archives Administrator shall reinstate the certification of a person that has been suspended by a district court pursuant to NRS 425.540 if the State Library and Archives Administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2048)

      NRS 379.0083  Regulations establishing fees relating to issuance and renewal of certificate.  The State Library and Archives Administrator may adopt regulations establishing fees:

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

      2.  To cover the amount charged by the Federal Bureau of Investigation for processing the fingerprints of an applicant. The money received from such fees must be deposited with the State Treasurer for credit to the appropriate account of the Division of State Library and Archives of the Department of Administration.

      (Added to NRS by 1995, 102; A 1997, 3148; 2001, 926; 2011, 2976)

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

      1.  The State Library and Archives Administrator shall adopt regulations setting forth standards for the approval of a course of study or training offered by an educational institution to qualify a person for certification.

      2.  Except as otherwise provided in subsection 3, the State Library and Archives Administrator shall, upon the application of an educational institution or as the State Library and Archives Administrator determines necessary, review and evaluate a course of study or training offered by an educational institution to qualify a person for certification. If the course of study or training meets the standards established by the State Library and Archives Administrator, it must be approved by the State Library and Archives Administrator.

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

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

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

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

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

COUNTY, DISTRICT, CONSOLIDATED AND TOWN LIBRARIES

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

      1.  The board of county commissioners of each county may set apart a sum of money to be used in the establishment and maintenance of a public library in the county. Each year thereafter the board of county commissioners may set apart an amount of money for the purpose of operating and maintaining 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  Trustees of county library: Appointment; terms; vacancies; compensation; expenses; removal.

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

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

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

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

      5.  The board of county commissioners may remove any trustee who fails, without cause, to attend three successive meetings of the trustees.

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

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

      1.  Whenever in any county a petition or petitions praying for the formation of a county library district and the establishment of a public library therein setting forth the boundaries of the proposed library district, certified by the district judge of any judicial district as being signed by 10 percent of the taxpayers or by taxpayers representing 10 percent of the taxable property in the proposed county library district, as shown by the last preceding assessment roll of the county, is presented to the board of county commissioners of the county in which the territory of the proposed county library district is situated, accompanied by an affidavit or affidavits of 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 the petition or petitions are so presented:

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

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

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

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

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

      5.  Upon the creation of a county library district and establishment of a public library therein, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the county library district to create and maintain a fund known as the library fund.

      6.  All money received by the county treasurer pursuant to subsection 5 and NRS 379.026 may be transferred to a separate account established and administered by the trustees of 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  Trustees of county library district: Appointment; terms; vacancies; compensation; expenses; removal; additional trustees if service extended.

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

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

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

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

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

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

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

      5.  The board of county commissioners may remove any district library trustee who fails, without cause, to attend three successive meetings of the trustees.

      6.  If the library trustees of any county library district have entered into a contract pursuant to NRS 379.060 with any city within the county, they may add to their number two additional library trustees who are appointed by the governing body of the city to represent the residents of the city. The terms of office of the two additional library trustees are 3 years or until the termination of the contract with the city for library services, if that termination occurs sooner. The additional library trustees have the same powers 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  Consolidated library district: Consolidation of city into county library district in certain counties.  The trustees of a county library district in any county whose population is 700,000 or more and the governing body of any city within that county may, to establish and maintain a public library, consolidate the city into the county library district.

      (Added to NRS by 1985, 7; A 1989, 1923; 2011, 1245)

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

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

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

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

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

Ê Thereafter the offices of trustees must be filled for terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive terms.

      3.  A vacancy in the office of trustee which occurs because of the expiration of the term must be filled by appointment for a term of 4 years. A vacancy which occurs other than by expiration of the term must be filled 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 and subsistence allowances in the same amounts as are provided for employees of the consolidated library district.

      5.  The board of county commissioners or governing body of 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 three successive meetings of the trustees.

      6.  The trustees may appoint an executive director for the 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  Consolidated library district: Name.  The name of any consolidated library district established pursuant to NRS 379.0221 must be selected by the trustees and include the name of the city having the largest population located within the boundaries of the consolidated library district.

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

      NRS 379.0224  Consolidated library district: Boundaries.  The boundaries of a consolidated library district include all of the area of:

      1.  Each city that is consolidated into the county library district;

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

      (a) Is not consolidated into the county library district;

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

      (c) Is included in a county library district, that has not merged with the consolidated library district, pursuant to an interlocal agreement before May 2, 2001, or pursuant to NRS 379.065; and

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

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

      NRS 379.0225  Issuance of 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 the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials or equipment for newly constructed libraries. The trustees of a consolidated library district shall not propose an issuance of bonds or any other form of indebtedness unless a public hearing on the proposal is first held before the board of county commissioners and the governing body of the city that initially formed the consolidated library district pursuant to NRS 379.0221. After such a public hearing has been held, the board of county commissioners and the governing body of the city may each:

      (a) Adopt a resolution that supports or opposes in whole or in part the proposal of the trustees of the consolidated library district; and

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

      2.  A proposal for the issuance of bonds pursuant to subsection 1 must be submitted to the debt management commission of the county in which the district is situated for its approval or disapproval, pursuant to the provisions of NRS 350.011 to 350.0165, inclusive. If the debt management commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the board of county commissioners shall issue the bonds as general obligations of the consolidated or county library district pursuant to the provisions of the Local Government Securities Law.

      3.  Any bond issued for purchasing books, materials or equipment for newly constructed libraries must be redeemed within 5 years after its issuance.

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

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

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

      2.  All money received by the county treasurer pursuant to subsection 1 and NRS 379.026 may be transferred to a separate account established and administered by the trustees of 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  Town library: 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 of chapter 90, Statutes of Nevada 1895, or of NRS 379.070 to 379.120, inclusive, may be maintained pursuant to NRS 379.005 to 379.040, inclusive.

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

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

      NRS 379.025  Powers and duties of trustees of consolidated, county, district, town or other public library.

      1.  Except as otherwise provided in subsection 2, the trustees 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, if necessary, dismiss a librarian or, in the case of a consolidated library district, an executive director.

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

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

      (e) In the case of a consolidated, district or town library, 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 established pursuant to NRS 354.603.

             (2) Annually submit a budget to the board of county commissioners and governing body of the city for joint review and recommendation, which must contain detailed priorities and estimates of the amount of money necessary for the operation and management of the consolidated library district for the next succeeding year. Unless a majority of the members of the board of county commissioners and a majority of the members of the governing body of the city reject the budget within 21 days after it is submitted to them, the trustees shall cause copies of the final budget to be submitted to the board of county commissioners for attachment to the copy of the final budget for the county which is filed pursuant to NRS 354.59801, and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801. If the budget is so rejected, the trustees shall resubmit a revised budget for joint review pursuant to this subparagraph.

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

      (g) In the case of a district library, administer any separate account established pursuant to NRS 354.603.

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

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

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

      (k) Administer any trust declared or created for the library.

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

      2.  The trustees may:

      (a) Make purchases and secure rooms.

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

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

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

      3.  The trustees shall, as a primary goal of the consolidated library district, provide the library facilities, resources and trained 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; 2011, 2729)

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

      1.  The trustees of any consolidated, county, district or town library may establish with the county treasurer, as custodian, a special fund, to be known as the gift fund of the ........ consolidated library, 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 may be. 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 separate and continuing fund and no money in the fund reverts to the general fund of the county at any time.

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

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

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

      NRS 379.027  Powers and duties of librarian.  The librarian of any consolidated, county, district or town library shall administer all functions of the library, employ assistants and carry out the policies established by the trustees 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  Payment of claims against library fund.

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

      (a) Be audited and approved by a majority of the trustees;

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

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

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

      3.  Any money remaining in the county library fund on June 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  Library to 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 the public, subject to such reasonable regulations as the trustees of the library may adopt.

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

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

      1.  Whenever a new county library is provided for in any county whose population is 45,000 or more, the trustees of any district library in the county previously established may transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the trustees of the new library.

      2.  Whenever there are two or more county library districts in any county whose population is 45,000 or more, the districts may merge into one county library district upon approval of the library trustees of the merging districts.

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

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

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

      4.  All expenses incurred in making a transfer or merger 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; 2011, 1245)

      NRS 379.055  Transfer of county library district’s property, money, contracts and appropriations to consolidated library district.  All property, money, and contracts of, and appropriations to, the county library district being consolidated become the property, money and contracts of, and appropriations to, the consolidated library district.

      (Added to NRS by 1985, 8)

      NRS 379.060  Extension of services of consolidated, county or district library: Contracts with counties, cities, towns and school districts.

      1.  The trustees of any consolidated, county or district library shall cooperate with and enter into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district, when necessary to secure to the residents of the other county, or to the residents of the city or town in the other county, or to the pupils of the school district, the same privileges of the consolidated, county or district library as are granted to or enjoyed by the residents of the county or consolidated or county library district, or such privileges as may be agreed upon in the contract. The consideration agreed upon must 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 the county providing the service.

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

      3.  Any county, city or town wherein a library has been established may cooperate with and contract with the trustees of any consolidated, county, district or town library to obtain for the residents of the county, city or town an increase in library services or such privileges as may be agreed upon.

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

      5.  Any county, city or town contracting for library service 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 terms as may be agreed upon by the parties thereto.

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

      7.  The trustees of the consolidated, county or district library providing services may expend any amounts received in consideration of any such contract in addition to the amount budgeted for the consolidated, 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  Provision of library services of county library district in contiguous territory served by another library district or library: Request; joint study; determination by board of county commissioners; alteration of boundaries.

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

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

      3.  If:

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

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

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

      4.  The provisions of this section do not apply to alter the boundaries of any library or library district for the purposes of taxes levied for the repayment, when due, of the principal of and interest on bonds, notes or other indebtedness issued before the effective date of the alteration.

      (Added to NRS by 2001, 371)

CITY LIBRARIES

      NRS 379.070  Establishment and maintenance.  Any free public library which has 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  Governing authority of city library: Governing body of city or trustees; powers and duties of governing authority.

      1.  The governing body of the city shall determine whether:

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

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

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

      (a) Establish, supervise and maintain a library.

      (b) Appoint a librarian.

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

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

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

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

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

      (h) Administer any trust declared or created for the library.

      (i) Maintain or defend any action in reference to the property 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 a county library district.

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

      4.  The governing authority has all the powers and duties with respect to the city library that district library trustees have with respect to a district library.

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

      NRS 379.106  Gift fund.

      1.  The governing authority of any city library is authorized to establish with the city treasurer, as custodian, a special fund, known as the “................ city library gift fund.” The moneys in such fund must be derived from all or any part of any gift, bequest or devise, including the interest thereon. The gift fund is a separate and continuing fund and no moneys in it revert to the general fund of the city at any time.

      2.  The moneys in a city library gift fund may be used for construction of new library buildings, capital improvements to library buildings, special library services, or other library purposes. No expenditure from a city library gift fund may be made until authorized by the governing authority.

      3.  The governing authority of a city library may invest or reinvest all or part of the moneys in the city library gift fund in any 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  Powers and duties of librarian.  The librarian of any city library shall administer all functions of the library, employ assistants and carry out the policies established by the governing authority, and may recommend policies to the governing authority.

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

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

      [6:48:1956]—(NRS A 1967, 1064)

REGIONAL LIBRARIES

      NRS 379.142  “Political subdivision” defined.  As used in NRS 379.142 to 379.146, inclusive, “political subdivision” means a consolidated, county, city, town, or county library district, or legally established libraries therein.

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

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

      1.  Any two or more political subdivisions may join in establishing and maintaining a regional library through a written joint agreement of their governing bodies.

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

      (Added to NRS by 1959, 280)

      NRS 379.144  Transfer of money to regional library.  The treasurer or other fiscal officer of the other participating political subdivisions shall transfer to the treasurer of the regional library all moneys collected for regional public library purposes in their respective political subdivisions, in accordance with a joint agreement.

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

      NRS 379.145  Division of property on withdrawal.  If one of the participating political subdivisions withdraws from the agreement, it is entitled to a division of the property of the regional library on the basis of its contribution.

      (Added to NRS by 1959, 280)

      NRS 379.146  Regional library board: Appointment; terms; number.

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

      2.  The regional library board shall consist of not less than 5 nor more than 11 members.

      (Added to NRS by 1959, 280)

REGIONAL NETWORK OF LIBRARIES

      NRS 379.147  “Library” defined.  As used in NRS 379.147 to 379.149, inclusive, “library” includes public 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  Legislative declaration.  The Legislature declares:

      1.  That the State recognizes the desirability of supporting the extension of library services beyond the jurisdiction of any single library;

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

      3.  That all public libraries in this State should be linked to regional networks to form a system of communications and provision of services which will encourage cooperation and maximum use of available resources.

      (Added to NRS by 1981, 726)

      NRS 379.1475  Agreement to form regional network of libraries.

      1.  The governing bodies of two or more libraries may enter into an agreement to form a regional network of libraries for the purpose of facilitating regional cooperation, improved communications and sharing of resources. The purposes of the regional network may be furthered by such activities as:

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

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

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

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

      (Added to NRS by 1981, 726)

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

      1.  A regional network of libraries is governed by a board 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 bylaws for 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 of regional services. The master plan must be designed to extend 5 years into the future and must be made current at least every 2 years.

      (Added to NRS by 1981, 726)

      NRS 379.1483  Governing board of regional network of libraries: Duty to establish policies and procedures to govern programs and activities for libraries.  The governing board of a regional network of libraries has primary responsibility for, and shall establish policies and procedures to govern, library programs and activities which extend beyond the jurisdiction of any single participating library. These programs and activities include but are not limited to libraries, interlibrary loans, development of databases and utilization of new technologies for communication among libraries.

      (Added to NRS by 1981, 727)

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

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

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

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

      (Added to NRS by 1981, 727)

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

      1.  The administration of grants of money for library purposes; and

      2.  The provision of library services,

Ê in the region served by the regional network.

      (Added to NRS by 1981, 727)

MISCELLANEOUS PROVISIONS

      NRS 379.150  Agreements with State Library and Archives Administrator for improvement of services.  A library operated pursuant to the provisions of this chapter 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  Willful detention of or damage to property of public library; penalties; liability of parent or guardian.

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

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

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