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Library Laws and Legislation

Library Laws of Utah FY2010 pdf

Library Legislation

Breaking...

-Can you ask patrons to leave if they have H1N1?

-Photography in Libraries

Legal Tickler...

American Recovery and Reinvestment Act
-National Telecommunications and Information Administration (NTIA)
$200 Million competitive grants – (public libraries, community college libraries)
-State Fiscal Stabilization Fund
$48 Billion Block Grants:
$39.5 Billion Education using existing funding formulas (school libraries)
$8.8 Billion Governor’s option  (public libraries)
-Senior Community Service Employment Program
$120 Million, usually administed by State Office on Aging – community service jobs for seniors at non-profit and public facilities (public libraries)-Rural Community Facilities Program (USDA)
$130 Million for essential facilities for public use in rural areas (public libraries, school libraries)

City/County Laws
-Salt Lake City - (Chapter 2.28)
Salt Lake County -
-Library Books - (Chapter 10.48)
-Library Board - (Chapter 2.21)

Friends
- Tax Exempt Organizations: Political Activity Restrictions And Disclosure Requirements (OMB)
- IRS 501(c)3 Rules and Regulations (pub 557)
- Friends of Libraries USA
- Volunteer Legal Handbook (Guess & Rudd PC)

GRAMA (Government Records Access Management Act)
Utah Code 63G-2: Records of publicly funded libraries that when examined alone or with other records identify a patron are Private Records (§63G-2-302)
-Definition of a Record §63G-2-103
-Access to Private Records §63G-2-202

Homeland Security: Patriot Act
- USA Patriot Act of 2001
Resources(American Library Association)
- Guide to Library Records under the Patriot Act(LLRX)
- How To Respond to Requests for Information (Louisiana State Library) (paper document)

Internet: Access Restrictions>Federal
- Public Law 106-554: (see Title XVII)
- Supreme Court Decision: United States vs. American Library Association et al (2003)
- ERATE Regulations
- LSTA Regulations
- Resources (from American Library Association)
- Legal Definitions of Obscenity, Child Pornography, and "Harmful to Minors"
>Utah
Children's Internet Protection Act (Utah):
-Internet and Online Access Policy Resources
- UCA §9-7-215
- UCA §9-7-216
- Administrative Rule 223-2

- State Laws Regarding Filtering & Internet Access
-Legal Definitions of Obscenity, Child Pornography, and "Harmful to Minors"

Lead in Children's Books
ALA Wiki

Open Meetings
-Utah's Open Meetings Law

Social Media
-Can Library Management access employees FaceBook & MySpace pages

Stimulus
see American Recovery and Reinvestment Act

Taxes (Library Levies)
-Standards (pdf)


Library-Related Legislation FY2009

Federal Legislation via GovTrak
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State Legislation

for more information - Steve Matthews

HB45 Administration / Finance: Per Diem and Travel Expenses For State Boards and Commissions
There appear to be no immediate or significant ramifications to State Library Board members, simply changes to the reimbursement procedures.

HB118 - Archives and GRAMA Revisions
There appear to be no immediate or significant ramifications to the State Library or Board, simply changes to the administrative requirements of the GRAMA procedures.

HB122 - Government Records Access and Management Act Amendments
There appear to be no immediate or significant ramifications to the State Library or Board.

HB123 - Retail and Library Theft Amendments
This legislation appears to repeal the stated section that has allowed libraries to return stolen items to circulation after recovery, and use a photograph of the item as evidence in criminal theft cases, and appears to require stolen library materials to remain in evidence and out of circulation until a case is disposed and evidence released to the library.

HB236 - Department Of Community And Culture Grants
This revisions provides for a mechanism for libraries to apply for capital facilities grants; The revision of the State Library authority statute, Section 9-7-205, appears to contain some nonsubstantive grammatical revisions, and one substantive addition of a “capital facilities grants” program. It appears that the State Library will need to create a new Administrative Rule (R223-3) to implement this statute and administer this new program. It appears that the State Library or Board will need to establish a definition of “eligible libraries”.

SB16 - Prohibited Gang Activity
This legislation appears to provide some additional protection to local libraries in that it provides law enforcement officers additional authority to disperse gangs of individuals.

SB26 - Open and Public Meetings Act - Meeting Record
Written minutes that have been prepared in a form awaiting only formal approval by the public body are a public record, written minutes shall be available to the public within a reasonable time after the end of the meeting; written minutes are the official record of action taken at the meeting; a recording of an open meeting shall be available to the public for listening within three business days after the end of the meeting; a recording is not required to be kept of an open meeting that is a site visit or a traveling tour, if no vote or action is taken by the public body

SB39 - Immigration Amendments
Provides an exception from verification of lawful presence in the country for an individual who is to receive a state public benefit under Title 49, Utah State Retirement and Insurance Benefit Act; prevailing local legal opinions assert that library services do not fall under the “benefits” definition.


Other Resources

LibraryLaw.com

American Library Association

Utah Library Association Legislative Committee

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