State Library Division

Utah Code tit. 9, ch. 9-7, pt. 9-7-P2

in effect

Utah Code § 9-7-201 State Library Division -- Creation -- Purpose.

9-7-201. State Library Division -- Creation -- Purpose. (1) There is created within the department the State Library Division under the administration and general supervision of the executive director or the designee of the executive director. (2) The division shall be under the policy direction of the board. (3) The division shall function as the library authority for: (a) general library services; (b) mobile library services; and (c) other services considered proper for a state library. Amended by Chapter 44, 2025 General Session

Utah Code § 9-7-202 Appointment of director.

9-7-202. Appointment of director. The executive director, in consultation with the board, shall appoint a director of the division: (1) to serve as the chief administrative officer of the division; and (2) who has a degree from an accredited institution in library science and has demonstrated administrative ability. Amended by Chapter 221, 2019 General Session

Utah Code § 9-7-203 Division duties.

9-7-203. Division duties. Subject to the requirements of this part, the division shall: (1) establish, operate, and maintain a bibliographic control system; (2) cooperate with: (a) other state or national libraries or library agencies; and (b) the federal government or agencies in accepting federal aid whether in the form of funds or otherwise; (3) receive bequests, gifts, and endowments of money and deposit the funds with the state treasurer to be placed in the State Library Donation Fund, which funds shall be held for the purpose, if any, specifically directed by the donor; and (4) receive bequests, gifts, and endowments of property to be held, used, or disposed of, as directed by the donor: (a) in accordance with the division's policies for collection development; and (b) with the approval of the Division of Finance. Amended by Chapter 44, 2025 General Session

Utah Code § 9-7-204 State Library Board -- Members -- Meetings -- Expenses.

9-7-204. State Library Board -- Members -- Meetings -- Expenses. (1) There is created within the department the State Library Board. (2) (a) The board shall consist of nine members appointed by the governor. (b) One member shall be appointed on recommendation from each of the following: (i) the State Board of Education; and (ii) the Utah System of Higher Education. (c) Of the seven remaining members at least two shall be appointed from rural areas. (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term. (b) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (4) The members may not serve more than two full consecutive terms. (5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as originally appointed. (6) A simple majority of the members of the board constitutes a quorum for conducting board business. (7) The governor shall select one of the board members as chair who shall serve for a period of two years. (8) The director of the State Library Division is the executive officer of the board. (9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. Amended by Chapter 221, 2019 General Session

Utah Code § 9-7-205 Duties of board and director.

9-7-205. Duties of board and director. (1) The board shall: (a) promote, develop, and organize a state library and make provisions for the state library's housing; (b) promote and develop library services throughout the state in cooperation with other state or municipal libraries, schools, or other agencies wherever practical; (c) promote the establishment of district, regional, or multicounty libraries as conditions within particular areas of the state may require; (d) supervise the books and materials of the state library and require the keeping of careful and complete records of the condition and affairs of the state library; (e) establish policies for the administration of the division and for the control, distribution, and lending of books and materials to those libraries, institutions, groups, or individuals entitled to them under this chapter; (f) serve as the agency of the state for the administration of state or federal funds that may be appropriated to further library development within the state; (g) aid and provide general advisory assistance in the development of statewide school library service and encourage contractual and cooperative relations between school and public libraries; (h) give assistance, advice, and counsel to all tax-supported libraries within the state and to all communities or persons proposing to establish a tax-supported library and conduct courses and institutes on the approved methods of operation, selection of books, or other activities necessary to the proper administration of a library; (i) furnish or contract for the furnishing of library or information service to state officials, state departments, or any groups that in the opinion of the director warrant the furnishing of those services, particularly through the facilities of traveling libraries to those parts of the state otherwise inadequately supplied by libraries; (j) where sufficient need exists and if the director considers it advisable, establish and maintain special departments in the state library to provide services for the blind, visually impaired, persons with disabilities, and professional, occupational, and other groups; (k) require the collection of information and statistics necessary to the work of the state library and the distribution of findings and reports; (l) make any report concerning the activities of the state library to the governor as the governor may require; and (m) develop standards for public libraries. (2) The director shall, under the policy direction of the board, carry out the responsibilities under Subsection (1). Amended by Chapter 44, 2025 General Session

Utah Code § 9-7-206 State Library Donation Fund -- Deposits and fees.

9-7-206. State Library Donation Fund -- Deposits and fees. (1) There is created an expendable special revenue fund entitled the "State Library Donation Fund" to receive bequests, gifts, and endowments of money. (2) Any interest or proceeds realized from the use or disposition of property received by the division or interest on the fund itself shall be deposited in the State Library Donation Fund and used by the State Library Division for the purposes specified by the donor. (3) All fees paid to the library and collections made due to damaged books or through sale or exchange of books and other materials shall be deposited in the General Fund as dedicated credits for use by the State Library Division. Amended by Chapter 400, 2013 General Session

Utah Code § 9-7-211 Local libraries -- Annual reports.

9-7-211. Local libraries -- Annual reports. All municipal, city, county, and public school libraries shall submit an annual report to the director of the division on the condition and affairs of each library as required by the State Library Board. Renumbered and Amended by Chapter 241, 1992 General Session

Utah Code § 9-7-212 Contracts with nonpublic libraries.

9-7-212. Contracts with nonpublic libraries. The director of the division, subject to the direction and approval of the State Library Board, may contract with nonpublic libraries to receive their library services and to otherwise coordinate the state library program with those libraries. Renumbered and Amended by Chapter 241, 1992 General Session

Utah Code § 9-7-213 Rulemaking.

9-7-213. Rulemaking. The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to implement and administer the provisions of this chapter including: (1) the method by which grants are made to individual libraries, but not including appropriations made directly to any other agency or institution; (2) standards for the certification of public librarians; and (3) standards for the public library online access policy required in Section 9-7-215. Amended by Chapter 44, 2025 General Session

Utah Code § 9-7-214 Intentionally defacing, injuring, destroying, or refusing to return property -- Misdemeanor.

9-7-214. Intentionally defacing, injuring, destroying, or refusing to return property -- Misdemeanor. Whoever intentionally defaces, injures, or refuses to return on demand, or destroys any property belonging to the state library or loaned through its coordinating agencies or facilities, is guilty of a class B misdemeanor. Amended by Chapter 148, 2018 General Session

Utah Code § 9-7-215 Internet and online access policy required.

9-7-215. Internet and online access policy required. (1) As used in this section: (a) "Apparent child sexual abuse material" means the same as that term is defined in Section 76-5b-103. (b) "Child sexual abuse material" means the same as that term is defined in Section 76-5b-103. (c) "Harmful to minors" means the same as that term is defined in Section 76-5c-101. (d) "Obscene" means the same as that term is defined in 20 U.S.C. Sec. 9101. (e) "Obscene child sexual abuse material" means the same as that term is defined in Section 76-5b-103. (f) "Technology protection measure" means a technology that blocks or filters internet access to visual depictions. (2) State funds may not be provided to any public library that provides public access to the internet unless the library: (a) (i) has in place a policy of internet safety for minors, including the operation of a technology protection measure: (A) with respect to any computer or other device while connected to the internet through a network provided by the library, including a wireless network; and (B) that protects against access to visual depictions that are child sexual abuse materials, apparent child sexual abuse materials, obscene child sexual abuse materials, harmful to minors, or obscene; and (ii) is enforcing the operation of the technology protection measure described in Subsection (2)(a)(i) during any use by a minor of a computer or other device that is connected to the internet through a network provided by the library, including a wireless network; and (b) (i) has in place a policy of internet safety, including the operation of a technology protection measure: (A) with respect to any computer or other device while connected to the internet through a network provided by the library, including a wireless network; and (B) that protects against access to visual depictions that are child sexual abuse materials, apparent child sexual abuse materials, obscene child sexual abuse materials, harmful to minors, or obscene; and (ii) is enforcing the operation of the technology protection measure described in Subsection (2)(b)(i) during any use of a computer or other device that is connected to the internet through a network provided by the library, including a wireless network. (3) This section does not prohibit a public library from limiting internet access or otherwise protecting against materials other than the materials specified in this section. (4) An administrator, supervisor, or other representative of a public library may disable a technology protection measure described in Subsection (2): (a) at the request of a library patron who is not a minor; and (b) to enable access for research or other lawful purposes. Amended by Chapter 358, 2026 General Session

Utah Code § 9-7-216 Process and content standards for Internet policy.

9-7-216. Process and content standards for Internet policy. (1) (a) Each library's Internet policy shall be developed under the direction of the library board, adopted in an open meeting, and have an effective date. (b) The library board shall review the policy at least every three years. (c) (i) Notice of the availability of the policy shall be posted in a conspicuous place within the library for all patrons to observe. (ii) The library board may issue any other public notice the library board considers appropriate to inform the community about the policy. (2) The Internet policy shall include the following information: (a) a statement indicating: (i) that the library restricts access to Internet or online sites that contain material described in Section 9-7-215; and (ii) how the library board intends to meet the requirements of Section 9-7-215; (b) a statement informing patrons that administrative procedures and guidelines for the staff to follow in enforcing the policy have been adopted and are available for review at the library; (c) a statement informing patrons that procedures for use by patrons and staff to handle complaints about the policy, the policy's enforcement, or about observed patron behavior have been adopted and are available for review at the library; and (d) a footnote indicating the effective date of the last review of the policy under Subsection (1)(b). Amended by Chapter 157, 2023 General Session

Utah Code § 9-7-217 Reporting.

9-7-217. Reporting. The division shall submit a report to the department regarding the compliance of library boards with the provisions of Sections 9-7-215 and 9-7-218 for inclusion in the annual written report described in Section 9-1-208. Amended by Chapter 157, 2023 General Session

Utah Code § 9-7-218 Criminal background check policy required -- Scope and content -- Dissemination.

9-7-218. Criminal background check policy required -- Scope and content -- Dissemination. (1) As used in this section: (a) "Minor" means an individual who is under 18 years old. (b) "Public library" means a library established under Section 9-7-402 or 9-7-501. (c) "Qualifying position" means any paid or unpaid employment position with a public library, including a volunteer position, that involves significant contact with minors, as determined by the public library's library board. (d) "Qualifying prospective employee" means an individual who: (i) is 18 years old or older; and (ii) applies for a qualifying position with a public library. (2) State funds may not be provided to a public library unless the public library implements a criminal background check policy that: (a) meets the requirements of Subsection (3); and (b) is adopted by: (i) the library board in an open meeting; or (ii) the county or city in which the public library is located. (3) The criminal background check policy shall: (a) identify each qualifying position with the public library; (b) require each qualifying prospective employee to submit to a criminal background check as a condition of employment in a qualifying position; (c) establish procedures for: (i) gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment; (ii) disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and (iii) allowing a qualifying prospective employee to respond to information received as a result of a criminal background check; (d) ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives: (i) written notice of the reasons for the disqualification; and (ii) an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii); and (e) include an effective date that is stated in the criminal background check policy. (4) (a) The criminal background check policy shall be distributed to qualifying prospective employees and posted in a prominent location in the public library. (b) A criminal background check policy adopted by a library board shall be reviewed by the library board at least every three years. (5) Within appropriations made by the Legislature for this purpose, the State Library Board shall reimburse a county of the fourth, fifth, or sixth class, and a city of the fourth, fifth, or sixth class, for the costs of conducting criminal background checks under this section. Enacted by Chapter 157, 2023 General Session

Utah Code § 9-7-219 Community Library Enhancement Fund Grant Program.

9-7-219. Community Library Enhancement Fund Grant Program. (1) There is created within the division the Community Library Enhancement Fund Grant Program, consisting of grants to be distributed to certified public libraries within the state for: (a) collection development; (b) patron-facing technology; (c) programming; (d) compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.; and (e) minor capital projects. (2) The division shall: (a) establish a formula-based grant application process that includes the following data points: (i) service area; (ii) population served; (iii) local operating expenditures; (iv) median household income; and (v) state certification status; (b) assign and distribute funding based on the established criteria described in Subsection (2)(a); and (c) gather metrics to analyze grant effectiveness and impact. Enacted by Chapter 44, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title9/Chapter7/9-7-P2.html?v=C9-7-P2_1800010118000101Fetched: 10/26/2026