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Outside Section 20


State Library Transfer to the Secretary of the Commonwealth

SECTION 20.   Chapter 9 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following sections:-

Section 31.There shall be in the department of the secretary of state a state library. Employees of the state library shall not be members of a collective bargaining unit and shall not be subject to the provisions of section 9A of chapter 30.

Section 31A. The state secretary shall appoint a librarian of the state library, who shall hold office at the pleasure of the state secretary. The position of librarian shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46 of said chapter 30. The librarian shall be responsible for the management and control of the state library and of the moneys appropriated therefor. He may sell or otherwise dispose of such books belonging to the library as he deems unsuitable for its purposes, and may deposit any duplicate volumes for safe keeping and use in any town, city or college library in the commonwealth, upon such terms and conditions as he shall prescribe. He may make and enforce rules for the use of the library, and shall see that its rooms are properly prepared for the accommodation of persons permitted to use them.

Section 31B. The state library may expend such sums annually as the general court may appropriate for permanent assistants and clerks, for books, maps, papers, periodicals and other material for the library and for binding the same and for incidental expenses including binding their report. All accounts for the maintenance of the state library shall be approved by the librarian or his designee.

Section 31C. The librarian of the state library shall keep records of its doings, and shall make an annual report thereof, with a list of books, maps and charts lost, missing or acquired during the preceding fiscal year, specifying those obtained by exchange, gift or purchase, and such suggestions for the improvement of the library as he may deem proper.

Section 31D. The state library may receive in trust for the commonwealth any gift or bequest of money or securities for any purpose incident to the uses of the state library, and shall forthwith transfer any money or securities so received to the state treasurer, who shall administer the same as provided by section 16 of chapter 10.

Section 31E. The state library shall be in the state house, and shall be kept open every day except Saturday, Sunday and legal holidays for the use of the governor, lieutenant governor, council, general court and such officers of the government and other persons as may be permitted to use it.

Section 31F. As used in sections 31G to 31H, inclusive, the following words shall have the following meanings, unless the context otherwise requires:-
          "Agency", each agency, office, state-supported institution of higher education, department, authority, executive office, bureau, officer, board, committee, task force, commission, special commission, division, executive office of the commonwealth, whether permanent or temporary in nature, including any state agency supported wholly or in part by public funds.
          "Publication", any document, study, rule, regulation, report, directory, pamphlet, brochure, periodical, newsletter, bibliography, microphotographic form, tape or disc recording, annual, biennial or special report, statistical compendium, or other printed material regardless of its format or manner of duplication, issued in the name of or at the request of any agency of the commonwealth or produced and issued as part of a contract entered into by any agency of the commonwealth regardless of the source of funding, provided they constitute "public records" as defined in clause Twenty-sixth of section 7 of chapter 4, excepting correspondence, blank forms, and university press publications.
          "Regional public libraries", those libraries as defined in section 30E of this chapter. These definitions shall not include any records of the general court.

Section 31G. (1) In order that all state publications of the commonwealth are preserved and made available for the use of citizens of the state, the state library is hereby designated as the depository library for Massachusetts state publications.
          (2) The state library shall maintain a complete collection of Massachusetts state publications, both current and historic.
          (3) A depository library system, providing for the distribution of state documents to the Library of Congress and to each of the regional public libraries in the state shall be established and maintained by the state library.

Section 31H. Each state agency shall furnish the state library eight copies of its publications. Said copies shall be forwarded to the state library no later than five working days after they are received from the printer or contractor. The state library shall make three copies available for public consultation in the library and for permanent historic preservation by the library. The others shall be provided to the Library of Congress and to each of the state's regional public libraries.