2024 -- S 2742

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO LIBRARIES -- STATE LIBRARY

     Introduced By: Senator Mark P. McKenney

     Date Introduced: March 08, 2024

     Referred To: Senate Education

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 29-1-1, 29-1-2, 29-1-3, 29-1-10 and 29-1-11 of the General Laws in

Chapter 29-1 entitled "State Library" are hereby amended to read as follows:

     29-1-1. Library established -- State librarian.

     Within the department of state there shall be a state library and, for the supervision of the

state library, the secretary of state shall appoint a state librarian qualified by training and experience

who has a master’s degree from an American Library Association-accredited program who shall

serve at the pleasure of the secretary of state. The state librarian shall carry out the duties required

by chapters 1 — 3 of this title. The state librarian shall continue to maintain and supervise the

legislative reference bureau state library.

     29-1-2. Care of library — Preservation of books and documents Care of library --

Preservation of materials.

     The secretary of state shall have the care and custody of the state library, except the law

library, and shall receive and preserve all books materials and documents that may be sent to, or

purchased for, the library.

     29-1-3. Clerical assistance Reference assistance.

     The general assembly shall annually appropriate such sums as it may deem necessary for

clerical service reference librarians in the state library, and the state librarian is hereby authorized

and empowered to employ additional clerical assistance reference librarians. Reference librarians

shall have a master’s degree from an American Library Association-accredited program. The state

controller shall draw orders upon the general treasurer for the payment of all sums appropriated

under the authority of this section, or so much thereof as may be from time to time required, upon

his or her receipt of proper vouchers approved by the state librarian and the secretary of state.

     29-1-10. Legislative reference bureau — Functions State library -- Functions.

     There shall be in the state library, under the direction of the state librarian, a legislative

reference bureau that shall collect, arrange, and place on file books, pamphlets, and other material

relating to legislation and subscribe to databases relating to legislation; that shall prepare abstracts

of laws in other states; and that shall present such other information as may be useful and necessary

to the general assembly in the performance of its legislative duties.

     29-1-11. Expense of legislative reference bureau Expense of the state library.

     (a) The state librarian shall, with the approval of the secretary of state, employ such

assistance and incur such expenses as may be necessary in the proper administration of the

legislative reference bureau state library, and the general assembly shall annually appropriate such

sum as it may deem necessary for this purpose.

     (b) The state controller is hereby authorized and directed to draw his or her orders upon the

general treasurer for the payment of the amount appropriated, or so much thereof as may be from

time to time required, upon his or her receipt of proper vouchers approved by the state librarian and

the secretary of state.

     SECTION 2. Sections 29-1-5 and 29-1-15 of the General Laws in Chapter 29-1 entitled

"State Library" are hereby repealed.

     29-1-5. Exchange of publications with agencies outside state.

     It shall be the duty of the state librarian to exchange with such nations, states,

municipalities, institutions, and persons outside the state as may confer a corresponding benefit,

copies of the laws, law reports, reports of departments and institutions, and all other books and

pamphlets published by the state, and to distribute these publications to such other nations, states,

municipalities, institutions, and persons outside the state as may, by law, be entitled to receive

them. Nothing in this section shall be construed to prevent any department from distributing its

own publications. Distributions to, or exchanges with, states shall be with the state libraries or the

authorized exchange agencies of the states.

     29-1-15. Cooperation with federal officials.

     The secretary of state is hereby empowered to cooperate with the Secretary of Education

of the United States of America or any United States officer in carrying out the purposes of any

and all acts of Congress for the benefit of those library services, including archives and records that

are under his or her jurisdiction.

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     SECTION 3. Sections 29-7-2, 29-7-3, 29-7-4, 29-7-5 and 29-7-6 of the General Laws in

Chapter 29-7 entitled "State Publications Clearinghouse" are hereby amended to read as follows:

     29-7-2. Definitions.

     As used in this chapter:

     (1) “Depository library” means a library designated to collect, maintain, and make

available state publications to the general public. The clearinghouse director shall consider the

geography of the state when designating depository libraries;

     (2) “Printed” means any form of printing and duplicating, regardless of format, with the

exception of correspondence, and interoffice and intraoffice memoranda;

     (3) “State agency” means any state office, whether legislative, executive, or judicial,

regulatory, administrative body of the state, or any political subdivision thereof; including, but not

limited to, any constitutional officer, department, division, bureau, board, commission, office,

authority, any school, fire, or water district, and/or any other agency or quasi-public agency of

Rhode Island state or local government which exercises governmental function and/or that expends

state appropriated funds or any other public or private agency, person, partnership, corporation, or

business entity acting on behalf of any public agency; and

     (4) “State publication” means any publication, regardless of physical form or

characteristics produced, made available electronically, printed, purchased, or authorized for

distribution by a state agency, except those determined by the issuing agency to be required for

official use only for administrative or operational purposes.

     29-7-3. Creation.

     There is hereby created, as a section of the state library, and under the direction of the state

librarian, a state publications clearinghouse for libraries, hereinafter referred to as “the

clearinghouse”. The clearinghouse shall promote the establishment of an orderly depository library

system and shall maintain a complete and permanent collection of state publications. To this end,

the secretary of state, with the assistance of the state librarian and the director of the state

publications clearinghouse for libraries and the clearinghouse advisory committee, shall adopt rules

and regulations necessary to carry out the provisions of this chapter.

     29-7-4. Director.

     The state librarian shall designate from the state library staff a director of the state

publications clearinghouse. The director shall hold a graduate degree in library science from an

accredited library school. The clearinghouse director shall maintain guidelines for documents

officers on the state library’s website as well as in person to give guidance on what is a state

document and how to send it to the clearinghouse. The clearinghouse director shall maintain an

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online catalog of recently acquired state publications regardless of form.

     29-7-5. Deposits of state publications.

     Each state agency shall designate one person as its documents officer and shall notify the

clearinghouse of his or her identity. The documents officer shall, prior to public release of a state

publication, deposit with the clearinghouse a minimum of twenty-five (25) as many tangible copies

as are specified by the clearinghouse director of publications that are produced in printed or other

tangible forms and for electronic publications, one electronic copy and as many tangible copies as

are specified by the clearinghouse director to meet the needs of the depository library system to be

housed on a digital preservation platform and in an online catalog managed by the state library.

     29-7-6. Depository agreements.

     The clearinghouse may enter into depository agreements with any municipal library, public

library, private college or university library, or research library in the state of Rhode Island, and

shall provide for distribution of state publications to the Center for Research Libraries and the

Library of Congress. The requirements for eligibility to become and continue as a depository library

shall be established by the clearinghouse. The standards shall include, and take into consideration,

the type of library, ability to preserve state publications and to make them available for public use,

and also such geographical locations as will make the publications conveniently accessible to

residents in all areas of the state, except as otherwise provided by law.

     SECTION 4. Sections 29-7-7 and 29-7-8 of the General Laws in Chapter 29-7 entitled

"State Publications Clearinghouse" are hereby repealed.

     29-7-7. List of state publications.

     The clearinghouse shall publish and distribute to depository libraries, all other libraries,

state agencies, and legislators, a quarterly checklist of state publications.

     29-7-8. Clearinghouse advisory committee.

     There shall be a state publications clearinghouse advisory committee. The committee shall

consist of nine (9) members, five (5) of whom to be selected from the clearinghouse member

libraries and appointed by the state librarian to two-year (2) terms. The state librarian and the

director of the clearinghouse shall be ex-officio members of the committee. The chairperson of the

CRIARL government documents committee or designee, who shall be a member of the CRIARL

committee, and a state agency representative designated by the chief library officer shall also be

ex-officio members. The purpose of the committee shall be to advise the state librarian and the

clearinghouse director on the operation of the state publications clearinghouse for libraries. The

committee shall meet quarterly and shall elect a chairperson to preside at meetings, and a secretary

to record the meeting minutes and distribute them to the clearinghouse depository libraries.

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     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LIBRARIES -- STATE LIBRARY

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     This act would modernize all state library laws by eliminating the clearinghouse advisory

committee, updating how the clearinghouse publishes its list of publications, reducing the number

of physical copies and facilitating digital publication.

     This act would take effect upon passage.

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