H*2435 Session 106 (1985-1986)
H*2435(Rat #0272, Act #0178 of 1985) General Bill, By T.G. Mangum,
M.D. Burriss, P. Evatt, Harvin, H.H. Keyserling, E.C. Lewis, J.E. Lockemy,
S.V. Shelton, E.C. Stoddard and J.W. Tucker
A Bill to amend Chapter 1 of Title 60, Code of Laws of South Carolina, 1976,
relating to the South Carolina State Library, so as to delete the provision
changing the name of the State Public Library Association to the South
Carolina State Library; to provide for the State Library to be governed by the
State Library Board instead of by a board of directors; to limit the number of
terms of board members; to increase the number of officers of the board and to
provide for their terms and duties; to delete provisions detailing the duties
and authority of the board of directors; to provide for the appointment,
requirements, and responsibilities of the Director of the State Library; to
provide for the duties and authority of the board; to delete the provision
requiring public libraries and agencies to furnish the board of directors with
statistics of conditions and growth; to provide for the duties and
responsibilities of the State Library in executing the library policy for the
State and in providing service to the General Assembly, the State, state
officers and agencies, state government employees, public libraries, library
boards, and county governments; to provide requirements for administration of
state and federal grants to public libraries; to provide for the public's use
of the services and resources of the State Library and public libraries
receiving state and federal funds; to provide for the State Library to assist
state institutions in establishing, operating, and coordinating libraries; to
provide for library service to blind and physically handicapped readers; to
provide for the sharing of resources by libraries at all service levels
through a statewide library network and to provide for the development of the
network by the State Library; to provide for the State Library to receive
statistical reports from libraries receiving state and federal grants or
participating in the network; and to authorize the Director to act in
cooperation with federal agencies in administering funds appropriated for
library services; and to provide for the provision of Section 60-1-10, as
amended by this Act, limiting the number of successive terms, not to apply to
the present terms of the members of the board serving on the effective date of
this Act.-amended title
02/20/85 House Introduced and read first time HJ-877
02/20/85 House Referred to Committee on Education and Public
Works HJ-879
04/01/85 House Committee report: Favorable with amendment
Education and Public Works HJ-1946
04/02/85 House Amended HJ-1987
04/02/85 House Read second time HJ-1988
04/03/85 House Read third time and sent to Senate HJ-2031
04/04/85 Senate Introduced and read first time SJ-1323
04/04/85 Senate Referred to Committee on Education SJ-1325
05/23/85 Senate Committee report: Favorable Education SJ-2253
06/05/85 Senate Read second time SJ-2834
06/05/85 Senate Unanimous consent for third reading on next
legislative day SJ-2834
06/06/85 Senate Read third time and enrolled SJ-2873
06/18/85 Ratified R 272
06/21/85 Signed By Governor
06/21/85 Effective date 06/21/85
06/21/85 Act No. 178
07/10/85 Copies available
(A178, R272, H2435)
AN ACT TO AMEND CHAPTER 1 OF TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE SOUTH CAROLINA STATE LIBRARY, SO AS TO DELETE THE PROVISION
CHANGING THE NAME OF THE STATE PUBLIC LIBRARY ASSOCIATION TO THE SOUTH CAROLINA
STATE LIBRARY; TO PROVIDE FOR THE STATE LIBRARY TO BE GOVERNED BY THE STATE
LIBRARY BOARD INSTEAD OF BY A BOARD OF DIRECTORS; TO LIMIT THE NUMBER OF TERMS
OF BOARD MEMBERS; TO INCREASE THE NUMBER OF OFFICERS OF THE BOARD AND TO PROVIDE
FOR THEIR TERMS AND DUTIES; TO DELETE PROVISIONS DETAILING THE DUTIES AND
AUTHORITY OF THE BOARD OF DIRECTORS; TO PROVIDE FOR THE APPOINTMENT,
REQUIREMENTS, AND RESPONSIBILITIES OF THE DIRECTOR OF THE STATE LIBRARY; TO
PROVIDE FOR THE DUTIES AND AUTHORITY OF THE BOARD; TO DELETE THE PROVISION
REQUIRING PUBLIC LIBRARIES AND AGENCIES TO FURNISH THE BOARD OF DIRECTORS WITH
STATISTICS OF CONDITIONS AND GROWTH; TO PROVIDE FOR THE DUTIES AND
RESPONSIBILITIES OF THE STATE LIBRARY IN EXECUTING THE LIBRARY POLICY FOR THE
STATE AND IN PROVIDING SERVICE TO THE GENERAL ASSEMBLY, THE STATE, STATE OFFICERS
AND AGENCIES, STATE GOVERNMENT EMPLOYEES, PUBLIC LIBRARIES, LIBRARY BOARDS, AND
COUNTY GOVERNMENTS; TO PROVIDE REQUIREMENTS FOR ADMINISTRATION OF STATE AND
FEDERAL GRANTS TO PUBLIC LIBRARIES; TO PROVIDE FOR THE PUBLIC'S USE OF THE
SERVICES AND RESOURCES OF THE STATE LIBRARY AND PUBLIC LIBRARIES RECEIVING STATE
AND FEDERAL FUNDS; TO PROVIDE FOR THE STATE LIBRARY TO ASSIST STATE INSTITUTIONS
IN ESTABLISHING, OPERATING, AND COORDINATING LIBRARIES; TO PROVIDE FOR LIBRARY
SERVICE TO BLIND AND PHYSICALLY HANDICAPPED READERS; TO PROVIDE FOR THE SHARING
OF RESOURCES BY LIBRARIES AT ALL SERVICE LEVELS THROUGH A STATEWIDE LIBRARY
NETWORK AND TO PROVIDE FOR THE DEVELOPMENT OF THE NETWORK BY THE STATE LIBRARY;
TO PROVIDE FOR THE STATE LIBRARY TO RECEIVE STATISTICAL REPORTS FROM LIBRARIES
RECEIVING STATE AND FEDERAL GRANTS OR PARTICIPATING IN THE NETWORK; AND TO
AUTHORIZE THE DIRECTOR TO ACT IN COOPERATION WITH FEDERAL AGENCIES IN
ADMINISTERING FUNDS APPROPRIATED FOR LIBRARY SERVICES; AND TO PROVIDE FOR THE
PROVISION OF SECTION 60-1-10, AS AMENDED BY THIS ACT, LIMITING THE NUMBER OF
SUCCESSIVE TERMS, NOT TO APPLY TO THE PRESENT TERMS OF THE MEMBERS OF THE BOARD
SERVING ON THE EFFECTIVE DATE OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Legislative findings
SECTION 1. The General Assembly finds that:
(1) libraries are an integral part of the state's educational system and
constitute a cultural, informational, educational, and recreational resource
essential to the people of this State;
(2) library services must be widely available throughout the State to bring
opportunities for reading, study, and free inquiry within convenient reach of the
people; and
(3) providing and supporting adequate library services is a proper and
necessary function of government at all levels as an integral part of the
government's responsibility for public education.
It is the policy of the State:
(1) to promote the establishment, development, and support of library services
for all of the people of this State;
(2) to provide a library research facility to serve as a resource for the
libraries of the State and to support the research needs of state government
personnel; and
(3) to encourage cooperation and resource sharing among all public, academic,
school, and special libraries throughout the State in order to provide the widest
possible access to the library and information resources of the State.
South Carolina State Library
SECTION 2. Chapter 1 of Title 60 of the 1976 Code is amended to read:
"CHAPTER 1
South Carolina State Library
Section 60-1-10. There is created the South Carolina State Library governed by
the State Library Board consisting of seven members, one from each congressional
district and one from the State at large. The members must be appointed by the
Governor for terms of five years and until their successors are appointed and
qualify. All vacancies must be filled in the manner of the original appointment
for the unexpired term.
No person is eligible to serve as a member of the board for more than two
successive terms, except that a person appointed to fill an unexpired term may
be reappointed for two full terms.
Section 60-1-20. The State Library Board shall elect a chairman and a
vice-chairman from its own members to serve terms of two years. The chairman and
vice-chairman may serve no more than two successive terms but may be re-elected
to office after an interval of one year. The director of the South Carolina
State Library, appointed pursuant to the provisions of Section 60-1-30, shall
serve as secretary of the board. The secretary shall attend board meetings but
may not vote on any matter before the board. Other officers and agents as may be
required may from time to time be chosen by the board. The board may appoint
committees as it considers advisable.
The board shall meet at a time and place as specified by the chairman. At
least one meeting must be held each quarter. Four members constitute a quorum
for the transaction of business.
Board members are allowed the usual mileage, per diem, and subsistence as
provided by law for members of state boards, committees, and commissions.
Section 60-1-30. The State Library Board shall appoint the director of the South
Carolina State Library to serve as the administrative head of the State Library.
The director:
(a) shall hold a degree from a graduate library school accredited by the
American Library Association and must be eligible for a South Carolina
professional librarian's certificate; and
(b) shall have at least ten years of library experience in increasingly
responsible professional positions, including at least four years in library
administration with demonstrated success in this area.
The board shall annually evaluate the performance of the director who shall
serve until terminated by the board for good cause.
Section 60-1-40. The State Library Board:
(a) shall determine policy for providing library and information services to
state government, South Carolina libraries, and the citizens of the State;
(b) shall develop and adopt long range plans for the continued improvement of
library services in the State;
(c) shall prescribe standards of service for South Carolina libraries as may
be necessary to carry out the provisions of this chapter;
(d) shall administer and distribute state and federal funds or grants from
public and private sources in accordance with law and board regulations to
county, state institutional, and other libraries in the State;
(e) shall promulgate regulations necessary for carrying out the provisions of
this chapter;
(f) is authorized to enter into contracts with any person or governmental
entity to provide, extend, improve, or coordinate library services or to
demonstrate appropriate programs of library services;
(g) is authorized to enter into interstate library compacts on behalf of the
State for the purpose of improving library services to the citizens of the State;
(h) shall recommend legislation to the members of the General Assembly to
achieve effective statewide library development;
(i) shall represent library interests and needs before state and local
officials and the legislature in order to obtain the financial support necessary
to provide quality library service;
(j) shall foster public awareness of the conditions of libraries in South
Carolina and of methods to improve library services to the citizens of the State.
Section 60-1-50. The director of the South Carolina State Library is responsible
for the management of the State Library and for the development and coordination
of a statewide program of library and information services. The director shall:
(a) organize, staff, and administer the State Library in accordance with law
and good library practice;
(b) recommend to the State Library Board policies and regulations necessary
for carrying out the provisions of this chapter and execute those adopted by the
board;
(c) prepare a budget for the approval of the board and administer funds made
available from any source for improvement of library services, interlibrary
cooperation, or resource sharing;
(d) provide advice and technical assistance to public and other libraries,
agencies of the State, political subdivisions, and planning groups concerning
library services and operations;
(e) carry out continuing studies of the information needs of the citizens of
the State and recommend services and programs to meet those needs;
(f) encourage broad professional and community participation in library
planning and development;
(g) encourage and assist the efforts of libraries and local governments to
develop mutual and cooperative solutions to library and information service
problems;
(h) encourage every citizen of the State to fully utilize the state's library
resources and maintain the individual's right of access to those resources.
Section 60-1-60. The South Carolina State Library is charged with the
development and extension of library services throughout the State. The State
Library is responsible for executing the library policy for the State and shall:
(a) provide leadership and guidance for the planning and coordinated
development of adequate library service for the people of the State;
(b) maintain appropriate collections of library materials in any format
considered necessary to supplement the collections of other libraries in the
State and to meet the research and informational needs of the General Assembly,
state officers and agencies, and state government employees;
(c) increase the proficiency of library personnel through provision of
in-service and continuing education programs for library personnel employed in
the State;
(d) provide for the citizens of the State specialized library services and
materials not generally appropriate, economical, or available in other libraries
of the State;
(e) organize a system of depository libraries for state publications to ensure
that the publications are readily accessible to the citizens of the State;
(f) serve as a depository for federal publications and coordinate a state plan
for federal documents depository libraries;
(g) collect, compile, and publish statistics and information concerning the
operation of libraries in the State and maintain a clearinghouse of information,
data, and materials in the field of library and information science;
(h) coordinate library services of the State with other educational agencies
and services to increase effectiveness and reduce duplication;
(i) carry out other activities authorized by state or federal law for the
development of library and information services.
Section 60-1-70. The South Carolina State Library shall provide library and
library research services to the General Assembly, state officers and agencies,
and state government employees.
Section 60-1-80. The South Carolina State Library shall provide advice and
assistance to public libraries, library boards, and county governments in matters
concerning the establishment, support, operation, improvement, and coordination
of library services. The State Library may:
(a) provide a staff of consultants qualified to give advisory and technical
assistance to library directors and library boards;
(b) administer state aid and other grants-in-aid to supplement and improve
public library services and promulgate regulations as may be necessary to insure
effective and efficient use of grants;
(c) administer a certification program for public libraries and librarians,
establishing regulations and procedures for the implementation of the program;
(d) carry out statewide programs and services which cannot be effectively or
economically provided by local libraries;
(e) plan and coordinate the provision of library services to groups with
special needs, including but not limited to the elderly, the physically
handicapped, the unemployed, the poor, the functionally illiterate, and those
persons who have cultural, social, or educational disadvantages that prevent them
from
using library services designed for persons without the disadvantages.
Section 60-1-90. Any public library which accepts state and federal grants
administered by the South Carolina State Library may not use the grants to
replace local funding for the library. In order to qualify for grants, libraries
shall meet maintenance of effort requirements set by the State Library Board in
accord with state and federal regulations.
Section 60-1-100. The services and resources of the South Carolina State Library
and any public library receiving state and federal funds administered by the
State Library are free for use by all persons living within South Carolina or the
county or region served, except each public library board may fix and each public
library may collect reasonable fees and service charges as the board considers
necessary to offset the costs of special library services. The State Library may
charge fees for the cost of on-line reference services and other nontraditional
library services and retain the fees to offset the cost of the services. A board
may assess fines, penalties, damages, or replacement costs for the loss of,
damage to, or failure to return any library property or material. The use of a
library is subject to regulations adopted by the library's board and the board
may extend use of the library to nonresidents upon terms and conditions as it may
prescribe.
Section 60-1-110. The South Carolina State Library shall render encouragement,
advice, and assistance for the establishment, operation, and coordination of
libraries of state institutions.
The State Library may:
(a) provide a consultant qualified to give advisory and technical assistance
to institutional librarians and administrators;
(b) administer grants-in-aid from federal or other sources to supplement
library services in state institutions; and
(c) establish minimum standards for library service which take into account
the type of institution, the number of people served by the institution, the
availability of library services to the institutional population, the
qualification of personnel for staffing of a library, and the institution's
commitment to annual budgetary support for library services.
Section 60-1-120. The South Carolina State Library shall provide library service
to the blind and physically handicapped readers in cooperation with the United
States Library of Congress. The State Library shall provide books and other
reading matter in recorded form, in braille, in large type, or any other medium
of reading used by the blind and physically handicapped. To this end, the State
Library is authorized to contract with the appropriate federal agency or any
library for the blind and physically handicapped. Services must be rendered in
accordance with applicable federal regulations and consistent with the current
standards and guidelines for service for the Library of Congress National Library
Service for the Blind and Physically Handicapped.
Section 60-1-130. The South Carolina State Library shall promote cooperation
among governmental bodies, including but not limited to, departments, agencies,
institutions, boards, committees, and commissions of the State and political
subdivisions of the State, including school districts, and among libraries of all
types and shall encourage the sharing of resources among libraries at all service
levels. None of the provisions of this chapter may be construed to interfere
with the authority of the governing boards of institutions of higher learning or
the governing boards of public, school, or special libraries.
Section 60-1-140. The South Carolina State Library shall plan, develop, and
operate a statewide library network to facilitate the sharing of resources and
information among South Carolina libraries and to make resources and information
more easily accessible to library users anywhere in the State. To this end, the
State Library may:
(a) recommend statewide priorities for interlibrary cooperation and resource
sharing;
(b) develop and publish a state plan for library network activities;
(c) promulgate policies, regulations, and guidelines consistent with the
provisions of this chapter;
(d) establish and operate a network computer system and telecommunication
systems which will expedite interlibrary loan, reference, and referral;
(e) acquire or create computer programs and data bases and make them available
to libraries of the network;
(f) provide grants for networking activities and establish standards under
which libraries may be eligible for the grants;
(g) encourage public awareness of the need for interlibrary cooperation and
resource sharing;
(h) provide for state participation in and compatibility with regional,
national, or international library networks and systems which will increase the
quality of library service to the people of this State;
(i) encourage and assist the efforts of libraries and local governments to
develop mutual and cooperative solutions to library service problems;
(j) establish a network advisory body made up of representatives of the
several network constituencies to advise and assist the State Library in network
planning and development.
Section 60-1-150. The governing body of any library supported by state, county,
or municipal governments or by public school districts is authorized to enter
into agreements with the South Carolina State Library for the library's
participation in the statewide library network and to enter into cooperative
agreements with other libraries for collection development, resource sharing, and
library services.
The director of the State Library, subject to the approval of the State Library
Board, has the power to enter into agreements with any library located in the
State, including private and federal libraries, to allow participation in the
state resource sharing network and for coordination of the state library program
with any library.
Section 60-1-160. Every public, college, university, technical college, and
state institutional library shall make an annual statistical report to the South
Carolina State Library in a form as may be prescribed by the State Library.
Reports must be made in a timely manner so that statistics may be published in
the State Library's annual report. The State Library may require other reports
as may be necessary from libraries receiving state and federal grants or
participating in the statewide library network.
Section 60-1-170. The director of the South Carolina State Library is authorized
to do all things necessary and proper to fully cooperate with the United States
Department of Education or any other federal agency in the administering of any
funds appropriated for the payment of salaries, books, periodicals, library
supplies, or equipment, for the construction of library buildings, for the
maintenance of the expense of public library services, for interlibrary
cooperation, for library services to state institutions, and for library services
to the blind and physically handicapped."
Section does not apply
SECTION 3. The provision of Section 60-1-10 of the 1976 Code, as amended in
Section 2 of this act, limiting the number of successive terms does not apply to
the present terms of the members of the board of directors of the South Carolina
State Library serving on the effective date of this act.
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |