application to become a member of such state teachers' retirement system on or before the first day of July, 1923, provided that any such applicant shall, upon becoming a member of such state teachers' retirement system pay to such system on entrance the amount which such applicant would have contributed had he become a member of such system on August 1, 1921. [Section 1109-q added by L. 1923, ch. 161, in effect April 9, 1923.]

1115

Transfers from state officers

1116 Other libraries owned by the State

1117 Public and association libraries and museums

1121 Closing of museum; admission fee during certain hours
1122 Library taxes

1129

1130

1131

1132

1133

1134

Detention

Transfer of libraries

Local neglect

Library extension service

Advice and instruction from State Library officers
Apportionment of money for grants to libraries
Abolition

1135 Use and care of school library

1135-a Librarians of school libraries

1136 Existing rules continued in force

1137 Authority to raise and receive money for school library

1138 Authority to transfer school library property to a free library Transfer of property not in charge of librarian

1139

1140

1141

Provision for change to free public library

Penalty for disobedience to library law, rules or orders

§ 1110 State Library, how constituted. All books, pamphlets, manuscripts, records, archives and maps, and all other property

appropriate to a general library, if owned by the State and not placed in other custody by law, shall be in charge of the Regents and constitute the State Library.

The state medical library shall
Library under the same govern-

§ 1111 State medical library. be a part of the New York State ment and regulations and shall be open for consultation to every citizen of the State at all hours when the State Library is open and shall be available for borrowing books to every accredited physician residing in the State of New York, who shall conform to the rules made by the Regents for insuring proper protection and the largest usefulness to the people of the said medical library.

§ 1112 Manuscript and records "on file." Manuscript or printed papers of the Legislature, usually termed "on file," and which shall have been on file more than five years in custody of the Senate and Assembly clerks, and all public records of the State not placed in other custody by a specific law shall be part of the State Library and shall be kept in rooms assigned and suitably arranged for that purpose by the trustees of public buildings. The Regents shall cause such papers and records to be so classified and arranged that they can be easily found. No paper or record shall be removed from such files except on a resolution of the Senate and Assembly withdrawing them for a temporary purpose, and in case of such removal a description of the paper or record and the name of the person removing the same shall be entered in a book provided for that purpose, with the date of its delivery and return.

§ 1113 State Library, when open; use of books. The State Library shall be kept open not less than eight hours every week day in the year except the legal holidays known as Independence day, Thanksgiving day and Christmas day, and members of the Legislature, judges of the Court of Appeals, justices of the Supreme Court and heads of state departments may borrow from the Library books for use in Albany, but shall be subject to such restrictions and penalties as may be prescribed by the Regents for the safety or greater usefulness of the Library. Under such rules and conditions as the Regents may prescribe the State Library may lend its books and printed material for a limited time to other individuals and institutions conforming to said rules and conditions. Such service shall be free to residents of this State as far as practicable but the Regents may, in their discretion, charge a proper fee to nonresidents or for assistance of a personal nature or for other reason not properly an expense to the State, but which may be

authorized for the accommodation of users of the Library. · [Amended by L. 1921, ch. 385, in effect April 30, 1921.]

§ 1114 Duplicate department. The Regents shall have charge of the preparation, publication and distribution, whether by sale. exchange or gift, of the colonial history, natural history and all other state publications not otherwise assigned by law. To guard against waste or destruction of state publications, and to provide for the completion of sets to be permanently preserved in American and foreign libraries, the Regents shall maintain a duplicate department to which each state department, bureau, board or commission shall send not less than five copies of each of its publications when issued, and after completing its distribution, any remaining copies which it no longer requires. The above, with any other publications not needed in the State Library, shall be the duplicate department, and rules for sale, exchange or distribution from it shall be fixed by the Regents, who shall use all receipts from such exchanges or sales for expenses and for increasing the State Library.

§ 1115 Transfers from state officers. The librarian of any library owned by the State, or the officer in charge of any state department, bureau, board, commission or other office may, with the approval of the Regents, transfer to the permanent custody of the State Library or Museum any books, papers, maps, manuscripts. specimens or other articles which, because of being duplicates or for other reasons, will in his judgment be more uesful to the State in the State Library or Museum than if retained in his keeping.

§ 1116 Other libraries owned by the State. The report of the State Library to the Legislature shall include a statement of the total number of volumes or pamphlets, the number added during the year, with a summary of operations and conditions, and any needed recommendation for safety or usefulness for each of the other libraries owned by the State, the custodian of which shall furnish such information or facilities for inspection as the Regents may require for making this report. Each of these libraries shall be under the sole control now provided by law, but for the annual report of the total number of books owned by or bought each year by the State, it shall be considered as a branch of the State Library and shall be entitled to any facilities for exchange of duplicates. interlibrary loans or other privileges properly accorded to a branch. § 1117 Public and association libraries and museums. 1 All provisions of this section and of sections 1118 to 1134 inclusive shall apply equally to libraries, museums, and to combined libraries

and museums, and the word "library" shall be construed to mean reference and circulating libraries and reading rooms. [Subdivision

1 amended by L. 1921, ch. 385, in effect April 30, 1921.]

2 The term "public" library as used in this chapter shall be construed to mean a library, other than professional, technical or public school library, established for free public purposes by official action of a municipality or district or the legislature, where the whole interests belong to the public; the term "association" library shall be construed to mean a library established and controlled, in whole or in part, by a group of private individuals operating as an association, corporation, or as trustees under the provisions of a will or a deed of trust; and the term free" as applied to a library shall be construed to mean a library maintained for the benefit and free use on equal terms of all the people of the community in which the library is located. [Subdivision 2 added by L. 1921, ch. 385: and amended by L. 1922, ch. 345, in effect March 29, 1922.]

66

3 The Regents shall have power to fix standards of library service for every free association or public library which receives any portion of the moneys appropriated by the State to aid such libraries, or which is supported in whole or in part by tax levied by any municipality or district. If any such free association or public library shall fail to comply with the Regents requirements such library shall not receive any portion of the moneys appropriated by the State for free libraries nor shall any tax be levied by any municipality or district for the support in whole or in part of such library. [Subdivision 3 added by L. 1923, ch. 154, in effect April 5, 1923.]

§ 1118 Establishment of a public library. By majority vote at any election, or at a meeting of the electors duly held, any county, city, village, town, school district or other body authorized to levy and collect taxes; or by vote of its board of supervisors any county, or by vote of its common council or by action of a board of estimate and apportionment or other proper authority any city, or by vote of its board of trustees any village, or by vote of its town board any town, or any combination of such voting bodies, may establish a public library with or without branches, and may raise money by tax to equip and maintain such library or libraries or to provide a building or rooms for its or their use; and any such municipality or distinct may acquire real or personal property for library purposes by gift, grant, devise, bequest or condemnation and may take, buy, sell, hold and transfer either real or personal property and administer the same for public library purposes. Whenever twentyfive taxpayers shall so petition the question of providing library

facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice of the proposed action shall have been given. [Amended by L. 1919, ch. 298, and L. 1921, ch. 385, in effect April 30, 1921.]

§ 1118-a Contracts. Any authority named in section 1118 may grant money for the support of free association libraries provided such libraries are registered by the Regents; or may share the cost of maintaining a public library or libraries as agreed with other municipal or district bodies; or may contract with the trustees of a free library registered by the Regents, or with any municipal or district body having control of such a library, to furnish library privileges to the people of the municipality or district for whose benefit the contract is made, under such terms and conditions as may be stated in such contract. The amount agreed to be paid for such privileges under such contract shall be a charge upon the municipality or district and shall be paid in the same manner as other municipal or district charges. [Added by L. 1921, ch. 385, in effect April 30, 1921.]

§ 1118-b County libraries. By majority vote of any election, or by vote of its board of supervisors, any county may establish a county public library with or without branches and may levy annually and cause to be collected, as are other general taxes, a tax of not more than one mill nor less than one-third of a mill upon each dollar of the assessed valuation of the taxable property of such county, except that the tax shall not be less than one-half of a mill where the assessed valuation of the county is less than one hundred million dollars, to equip and maintain such library and branches or to provide buildings or rooms for its or their use; provided, however, that any incorporated city, village, town or school district contributing to the support of a free library registered by the Regents, by annual taxation to a total amount equivalent to that which would be raised under the proposed county library tax in such city, village, town or school district, or which is receiving such amount annually for library purposes from invested funds or from a combination of invested funds and annual taxation, may, by majority vote at election or at a meeting of the electors duly held. or by vote of its common council any city, claim exemption from such county library tax; and such city, village, town or school district shall not participate in the benefits of such county public library unless by contract as provided in section 1118-a, or until it shall elect to be included in the county tax levy for such county public library maintenance and shall make official notification of such action