51-101. State Library; what constitutes.

The books, pamphlets, maps and charts belonging to the state, now in the State Library, or which shall hereafter be added to the same, shall constitute the State Library.

Source:Laws 1871, § 1, p. 52; R.S.1913, § 3777; C.S.1922, § 3170; C.S.1929, § 51-101; R.S.1943, § 51-101.


51-102. State Library; librarian.

The Clerk of the Supreme Court shall have the charge of the State Library, of which he shall be librarian.

Source:Laws 1871, § 2, p. 52; R.S.1913, § 3778; C.S.1922, § 3171; C.S.1929, § 51-102; R.S.1943, § 51-102.


Cross References

51-103. State Library; directors; powers.

The judges of the Supreme Court shall constitute a board of directors of the State Library. They shall have power to make such rules as they may deem proper, not inconsistent with sections 51-101 to 51-109, for the regulation of the library under their direction, and may prescribe penalties for any violation thereof, which shall be collected in the same manner as for the nonreturn or injury of any books.

Source:Laws 1871, §§ 3, 4, p. 52; R.S.1913, § 3779; C.S.1922, § 3172; C.S.1929, § 51-103; R.S.1943, § 51-103.


51-104. Book register; entries.

The librarian shall cause to be kept a register of all books issued and returned at the time they shall be so issued and returned. None of the books, except the laws, journals, and reports of this state, which may be taken from the library, shall be detained more than ten days, and all the books taken out by officers or members of the Legislature shall be returned at the close of the session.

Source:Laws 1871, § 6, p. 52; R.S.1913, § 3781; C.S.1922, § 3174; C.S.1929, § 51-104; R.S.1943, § 51-104.


51-105. Books; injury or failure to return; penalty.

If any person injures or fails to return any book taken from the library, he shall forfeit and pay to the librarian for the use of the library, double the value of the book, or of the set to which it belongs, if a set is broken by its loss, to be recovered in an action in the name of the state. Before the Director of Administrative Services shall issue his warrant in favor of any person authorized to take books from the library, for the value of his services or amount of his salary, he shall be satisfied that such person has returned all books taken from the library, or settled for the same; otherwise he shall deduct all accounts for the detention or injury of such books.

Source:Laws 1871, § 7, p. 53; R.S.1913, § 3782; C.S.1922, § 3175; C.S.1929, § 51-105; R.S.1943, § 51-105.


51-106. Repealed. Laws 1981, LB 545, § 52.

51-107. Books; labeling.

It shall be the duty of the librarian to cause each book to be labeled with a printed or stamped label containing the words Nebraska State Library, and also to write the same words on the thirtieth page of each volume.

Source:Laws 1871, § 12, p. 54; R.S.1913, § 3785; C.S.1922, § 3178; C.S.1929, § 51-107; R.S.1943, § 51-107.


51-108. Books; sale, exchange, disposal; authorization.

The directors may authorize the sale, exchange, or disposal of any surplus, damaged, defective, obsolete, or duplicate books in the library and surplus or obsolete books, reports, or pamphlets which are for sale or distribution by the librarian.

Source:Laws 1871, § 13, p. 54; R.S.1913, § 3786; C.S.1922, § 3179; Laws 1929, c. 64, § 2, p. 241; C.S.1929, § 51-108; R.S.1943, § 51-108; Laws 1957, c. 222, § 1, p. 764.


51-109. Books; removal; penalty.

If any person not authorized by the regulations made by the directors shall take a book from the library, either with or without the consent of the librarian, he shall be guilty of a Class V misdemeanor.

Source:Laws 1871, § 15, p. 54; R.S.1913, § 3788; C.S.1922, § 3181; Laws 1929, c. 64, § 3, p. 241; C.S.1929, § 51-109; R.S.1943, § 51-109; Laws 1977, LB 40, § 307.


51-110. Repealed. Laws 1972, LB 1284, § 23.

51-111. Repealed. Laws 1972, LB 1284, § 23.

51-112. Repealed. Laws 1972, LB 1284, § 23.

51-201. Public libraries; establishment; tax; amount authorized; limitation; library fund; county library; election required; merger authorized.

The city council of any city, the board of trustees of any incorporated village, the county board of any county, and the electors of any township at their annual town meeting shall have the power to establish a public library free of charge for the use of the inhabitants of such city, village, county, or township.

Any such council, board, or electors may also contract for the use of a public library already established and may levy a tax of not more than ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city, village, county, or township annually to be levied and collected in like manner as other taxes in such city, village, county, or township, except that when any county discontinues township organization, the county shall levy and collect a tax of not more than ten and five-tenths cents on each one hundred dollars for such public library. The levy shall be subject to sections 77-3442 and 77-3443. The amount collected from such levy shall be known as the library fund.

Before establishing a county library, the county board shall submit the question to the voters of the county at a general election pursuant to section 32-559, including only incorporated and unincorporated areas which do not have a public library, and a majority of the voters voting on the question of whether to establish a county library shall authorize the establishment of such county library and the levying of the tax. A city, village, or township within the county that has a public library may merge with the county library, if established, upon a majority vote pursuant to section 51-201.04. When such questions are submitted and carried, the county board shall include the county library in its next succeeding estimate and levy. Such submission shall not be required when the board levies a tax for the purpose of contracting for use of a library already established. When the county board makes a levy for a county library or for the purpose of contracting for use of a public library already established, the county board shall omit from the levy of the library tax all property within the limits of any city, village, or township in such county which already maintains a library by public tax unless the voters of the city, village, or township have voted to merge with the county library.

The method of merger of libraries provided in this section and sections 51-201.03 to 51-201.07 shall not be construed as the exclusive way to merge libraries or library facilities. Nothing in such sections shall prohibit a county, city, village, or township from entering into an agreement pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act relating to library services.

Source:Laws 1911, c. 73, § 1, p. 313; R.S.1913, § 3792; Laws 1919, c. 120, § 1, p. 285; C.S.1922, § 3185; C.S.1929, § 51-201; Laws 1931, c. 98, § 1, p. 267; C.S.Supp.,1941, § 51-201; R.S.1943, § 51-201; Laws 1951, c. 170, § 1, p. 657; Laws 1953, c. 287, § 65, p. 968; Laws 1957, c. 223, § 1, p. 765; Laws 1967, c. 120, § 2, p. 384; Laws 1971, LB 493, § 1; Laws 1979, LB 187, § 178; Laws 1991, LB 94, § 1; Laws 1992, LB 719A, § 154; Laws 1996, LB 1114, § 60; Laws 1997, LB 250, § 10; Laws 1997, LB 269, § 30; Laws 1998, LB 306, § 5; Laws 1999, LB 87, § 76.    


Cross References

51-201.01. Terms, defined.

For purposes of sections 51-201 to 51-219:

(1) Basic services shall include, but not be limited to, free loan of circulating print and nonprint materials from the local collection and general reference and information services; and

(2) Nonbasic services shall include, but not be limited to, use of:

(a) Photocopying equipment;

(b) Telephones, facsimile equipment, and other telecommunications equipment;

(c) Media equipment;

(d) Personal computers; and

(e) Videocassette recording and playing equipment.

Source:Laws 1990, LB 1236, § 1.


51-201.02. Legislative findings.

The Legislature finds and declares that public libraries perform services which are vitally important for the maintenance of an educated and democratic society, including, but not limited to, providing information which stimulates thought, awareness, and involvement in issues of public interest and providing avenues for intellectual and cultural growth and enjoyment. The Legislature further finds that an educated and culturally aware society is increasingly important in an economy in which Nebraskans must compete on a global scale. It is the intent of the Legislature that Nebraskans will help lead the nation into the world of the twenty-first century.

Source:Laws 1997, LB 250, § 9.


51-201.03. County library; petition to establish; procedure; election.

(1) The registered voters of the incorporated and unincorporated areas of a county which do not have a public library may file an initiative petition with the county board requesting the establishment of a county library. The petition shall be filed by July 31 prior to a statewide general election. Signatures gathered before the last statewide general election shall not be counted. An initiative petition shall conform to the requirements of section 32-628. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. The county board shall submit the petitions to the election commissioner or county clerk for signature verification pursuant to section 32-631. The required number of signatures shall be five percent of the voters registered at the last statewide general election in the incorporated and unincorporated areas of the county which do not have a public library. The election commissioner or county clerk shall notify the county board within thirty days after receiving the petitions from the county board whether the required number of signatures has been gathered.

(2) If the county board determines that the petitions are in proper form and signed by the necessary number of registered voters, the county board shall notify the governing body and library board of each incorporated area within the county within ten days after such determination and shall publish in a newspaper of general circulation in the county that the registered voters of the unincorporated area of the county and of the incorporated areas which do not have a public library will be asked to vote on the issue at the next statewide general election and shall submit the question of whether to establish a county library to the voters as required in section 51-201.

Source:Laws 1997, LB 250, § 11; Laws 2008, LB269, § 12.    


51-201.04. County board; notice required; library merger; procedure; election.

(1) At the time the county board decides to hold an election pursuant to section 51-201 on the question of establishing a public library, the county board shall notify the governing body and library board of each incorporated area within the county and shall publish in a newspaper of general circulation in the county that the registered voters of the unincorporated area of the county and of the incorporated areas which do not have a public library will be asked to vote on the issue at the next statewide general election. The notice shall be delivered and publication shall occur prior to June 1 before the election.

(2) If a city council, village board, or township board of a city, village, or township that has a public library and the library board, if one exists, of the city, village, or township both adopt a resolution indicating that they desire to merge the city, village, or township library with the county library if established and notify the county board by filing the resolutions with the county clerk by August 25, the county board shall submit the question of merger to the voters of the city, village, or township at the same time as the election pursuant to section 51-201.

(3) The registered voters of a city, village, or township that has a public library may file an initiative petition with the county board to require the issue of merger to be on the ballot in the city, village, or township. The petition shall be filed by July 31 prior to the statewide general election at which the issue would be on the ballot. Signatures gathered before the last statewide general election shall not be counted. An initiative petition shall conform to the requirements of section 32-628. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. The county board shall submit the petitions to the election commissioner or county clerk for signature verification pursuant to section 32-631. The required number of signatures shall be ten percent of the voters registered in the city, village, or township at the last statewide general election. The election commissioner or county clerk shall notify the county board within thirty days after receiving the petitions from the county board whether the required number of signatures has been gathered. If the county board determines that the petitions are in proper form and signed by the necessary number of registered voters, the county board shall submit the question of whether to merge with the county library, if established, to the voters at the same time as the election pursuant to section 51-201.

Source:Laws 1997, LB 250, § 12.


51-201.05. Merger of county and municipal libraries; procedure.

In a county that has an established county library, if a city council, village board, or township board of a city, village, or township that has a public library and the library board, if one exists, of the city, village, or township both adopt a resolution indicating that such city, village, or township library desires to merge with the established county library, they shall notify the county board by filing the resolutions with the county clerk. After such notification, the city, village, or township library shall be a part of the county library as provided in section 51-201.06 and its residents shall be entitled to the benefits of the county library, and the property within such city, village, or township library shall be liable to taxes levied for county library purposes. At least once a week for two successive weeks prior to adopting such resolution, the city council, village board, or township board and library board shall publish notice of such proposed resolution and the date and the place of the meeting at which such resolution is proposed to be adopted, in a newspaper designated by the council or board and published in or of general circulation in such city, village, or township.

Source:Laws 1997, LB 250, § 13.


51-201.06. Merger; transfer of assets and employees.

If a city, village, or township library merges with a county library under sections 51-201 to 51-219, (1) all assets shall be transferred to the county library, (2) all employees of the city, village, or township library shall be transferred to the county and shall receive at least the same or comparable salaries, sick leave, vacation leave, health benefits, retirement benefits, and other benefits as provided by the city, village, or township, and (3) a plan shall be established for the repayment of any bonded indebtedness or other debt of the city, village, or township existing at the time of the merger, including, but not limited to, the payment of the debt, the establishment of a sinking fund, and the issuance of bonds by the county. The city council, village board, or township board and the county board shall enter into a merger agreement consistent with this section setting the date for the merger to take effect which shall not be more than one year after an election or after the notification to the county board under section 51-201.05. If the parties cannot agree within one year after the election or notification, any party may bring an action in the district court and the district court shall determine the conditions of the transfer of assets and employees and the plan for payment of indebtedness.

Source:Laws 1997, LB 250, § 14.


51-201.07. Withdrawal of municipal library from county library system; procedure.

If the city council, village board, or township board and library board, if one exists, both adopt a resolution indicating that such city, village, or township library no longer desires to be a part of the county library system and notify the county board by filing the resolutions with the county clerk, the county board shall submit the question to the voters of the city, village, or township at the next statewide general election. If a majority of the voters voting on the issue vote to withdraw from the county library, then beginning on January 1 following the election, the city, village, or township shall cease to be entitled to the benefits of such county library and the property situated in such city, village, or township library shall not be liable for taxes levied for county library purposes. The city council, village board, or township board and the county board shall enter into a dissolution agreement to provide for the disposition of assets, indebtedness, and employees. If the parties cannot agree within one year after the election, either party may bring an action in the district court and the district court shall determine the disposition of assets, indebtedness, and employees.

Source:Laws 1997, LB 250, § 15.


51-202. City or village library; library board; members; elected or appointed; terms; vacancies, how filled.

(1) When any city council or village board decides by ordinance to establish and maintain a public library and reading room under sections 51-201 to 51-219, the city council or village board shall establish a library board. The library board shall have at least five members. Neither the mayor nor any member of the city council or village board shall be a member of the library board. Except as otherwise provided in subsection (2) of this section, the city council or village board shall by ordinance determine the number of members, whether the members are elected or appointed, and the length of the terms of the members. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and the city council or village board shall provide for the appointment or election of their successors. In cases of vacancies by resignation, removal, or otherwise, the city council or village board shall fill such vacancy for the unexpired term. No member shall receive any pay or compensation for any services rendered as a member of the board.

(2) If the city council or village board by ordinance provides for appointment of the members to the library board, such library board members shall be appointed by a majority vote of the members of the city council or village board. If an interlocal agreement, a memorandum of understanding, or any other contractual agreement between the city or village and another political subdivision providing for library services allows representation from the other political subdivision on the library board from outside the city or village, the governing board of the other political subdivision may appoint one or more members to the library board as provided in the interlocal agreement, memorandum of understanding, or other contractual agreement.

(3) If the city council or village board adopts an ordinance to provide for the election of library board members at municipal elections in April, it shall follow the statutes governing municipal elections. If the municipal election is to be held in conjunction with the statewide primary election, the election shall be held as provided in the Election Act. If the board members are to be elected, the city council or village board shall give public notice of such election after the adoption of such ordinance naming the offices to be filled, the length of terms, and the filing deadline for the placing of names of candidates on the ballot.

Source:Laws 1911, c. 73, § 2, p. 314; R.S.1913, § 3793; Laws 1919, c. 120, § 2, p. 286; Laws 1921, c. 233, § 1, p. 831; C.S.1922, § 3186; C.S.1929, § 51-202; R.S.1943, § 51-202; Laws 1961, c. 254, § 1, p. 748; Laws 1967, c. 329, § 1, p. 874; Laws 1972, LB 661, § 78; Laws 1973, LB 555, § 1; Laws 1981, LB 194, § 1; Laws 1994, LB 76, § 569; Laws 1997, LB 250, § 16.


Cross References

51-203. County or township library; board; members; election or appointment; terms; vacancies; how filled.

When the county board of any county or the electors of any township vote to establish and maintain a public library, the county board or the township board shall establish a library board. The library board shall have at least five members. No member of the county board or township board shall be a member of the library board. The county board or township board shall determine by resolution the number of members, whether the members are elected or appointed, and the length of the terms of the members. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and the county board or township board shall provide for the appointment or election of their successors. Such county or township board shall have the power to fill for the unexpired term any vacancy which may occur in the county or township library board. No member shall receive any pay or compensation for any services rendered as a member of such board.

If the county board or township board provides for appointment of the members to the library board, such library board members shall be appointed by a majority vote of the members of the county board or township board. If the county board or township board provides for the election of library board members, the election shall be held in conjunction with the statewide primary election as provided in the Election Act and the county board or township board shall give public notice of such election after the adoption of such resolution naming the offices to be filled, the length of terms, and the filing deadline for the placing of names of candidates on the ballot.

Source:Laws 1911, c. 73, § 3, p. 314; R.S.1913, § 3794; Laws 1919, c. 120, § 3, p. 287; C.S.1922, § 3187; C.S.1929, § 51-203; R.S.1943, § 51-203; Laws 1997, LB 250, § 17.


Cross References

51-204. Library board; organization; officers; quorum.

The members of any city, village, county, or township library board shall immediately after their appointment meet and organize by electing from their number a president, secretary, and such other officers as may be necessary. A majority of the members of a city, village, county, or township library board shall constitute a quorum for the transaction of business.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 148; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-204; Laws 1997, LB 250, § 18.


51-205. Library board; bylaws, rules, and regulations.

The library board shall have the power to make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the library and reading room as it may deem expedient, not inconsistent with sections 51-201 to 51-219.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-205; Laws 1997, LB 250, § 19.


51-206. Library board; mortgages; release or renewal.

The president shall have the power to release, upon full payment, any mortgage constituting a credit to the library fund and standing in the name of such library board. The signature of the president on any such release shall be authenticated by the secretary of the board. The president and secretary in like manner, upon resolution duly passed and adopted by the board, may renew any such mortgage.

Source:Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-206.


51-207. Library board; funds; buildings; custody and control.

The library board shall have exclusive control of expenditures, of all money collected or donated to the credit of the library fund, of the renting and construction of any library building, and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-207.


51-208. Library board; use of library for city or school purposes; contracts.

The library board of any public library may contract with the city council of any city, with the trustees of any incorporated village, with the county board of the county in which such library is located or of any adjacent county, or with the directors of any school district, to furnish the use and privilege of its library to the inhabitants of such city, village, county, township or school district, to the extent and upon such terms as may be agreed upon.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 422; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-208.


51-209. Public library; funds; disbursements; sinking fund; bonds.

All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance, or support of any public library shall be kept for the use of the library separate and apart from all other funds of the city, village, county, or township, shall be drawn upon and paid out by the treasurer of such city, village, county, or township upon vouchers signed by the president of the library board and authenticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner.

The city, village, county, or township may establish a public library sinking fund for major capital expenditures.

The county may issue bonds for library purposes pursuant to Chapter 10.

Source:Laws 1911, c. 73, § 5, p. 315; R.S.1913, § 3796; C.S.1922, § 3189; C.S.1929, § 51-205; R.S.1943, § 51-209; Laws 1997, LB 250, § 20.


51-210. Library board; building sites; acquisition; procedure.

Every library board created under sections 51-201 to 51-219 shall have power to purchase or lease grounds, to exercise the power of eminent domain, and to condemn real estate for the purpose of securing a site for a library building. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:Laws 1911, c. 73, § 6, p. 316; R.S.1913, § 3797; Laws 1917, c. 86, § 1, p. 223; C.S.1922, § 3190; C.S.1929, § 51-206; R.S.1943, § 51-210; Laws 1951, c. 101, § 100, p. 494; Laws 1971, LB 560, § 1; Laws 1997, LB 250, § 21.


51-211. Library board; general powers and duties; governing body; duty; discrimination prohibited.

(1) The library board may erect, lease, or occupy an appropriate building for the use of a library, appoint a suitable librarian and assistants, fix the compensation of such appointees, and remove such appointees at the pleasure of the board. The governing body of the county, city, or village in which the library is located shall approve any personnel administrative or compensation policy or procedure before implementation of such policy or procedure by the library board.

(2) The library board may establish rules and regulations for the government of such library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency. The library board may fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to the library grounds, rooms, books, or other property, for failure to return any book, or for violation of any bylaw, rule, or regulation and fix and impose reasonable fees, not to exceed the library's actual cost, for nonbasic services. The board shall have and exercise such power as may be necessary to carry out the spirit and intent of sections 51-201 to 51-219 in establishing and maintaining a public library and reading room.

(3) The public library shall make its basic services available without charge to all residents of the political subdivision which supplies its tax support.

(4) No service shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status.

Source:Laws 1911, c. 73, § 6, p. 316; R.S.1913, § 3797; Laws 1917, c. 86, § 1, p. 223; C.S.1922, § 3190; C.S.1929, § 51-206; R.S.1943, § 51-211; Laws 1990, LB 1236, § 2; Laws 1997, LB 250, § 22; Laws 2012, LB470, § 2.    


51-212. Public library; use and purpose.

Except as provided in section 51-211, every library and reading room supported by public tax shall be forever free to the use of the inhabitants of the city, village, county, or township maintaining such library, subject always to such reasonable regulations as the library board may adopt to render such library of the greatest use to the inhabitants of the city, village, county, or township. The board may exclude from the use of the library and reading rooms any person who willfully violates or refuses to comply with rules and regulations established for the government thereof.

Source:Laws 1911, c. 73, § 7, p. 316; R.S.1913, § 3798; C.S.1922, § 3191; C.S.1929, § 51-207; R.S.1943, § 51-212; Laws 1990, LB 1236, § 3.


51-213. Library board; annual report; contents.

The library board shall, on or before the second Monday in February in each year, make a report to the city council or village board or to the county or township board of the condition of its trust on the last day of the prior fiscal year. The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs, and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information, and suggestions as the library board may deem of general interest or as the city council or village, county, or township board may require. The report shall be verified by affidavit of the proper officers of the library board.

Source:Laws 1911, c. 73, § 8, p. 316; R.S.1913, § 3799; C.S.1922, § 3192; C.S.1929, § 51-208; R.S.1943, § 51-213; Laws 2004, LB 936, § 1.    


51-214. Penalties; action to recover; disposition of funds collected.

Penalties imposed or accruing by any bylaw or regulation of the library board and any court costs and attorney's fees may be recovered in a civil action before any court having jurisdiction, such action to be instituted in the name of the library board of the city, village, county, or township. Money, other than any court costs and attorney's fees, collected in such actions shall be forthwith placed in the treasury of the city, village, township, or county to the credit of the city, village, township, or county library fund. Attorney's fees collected pursuant to this section shall be placed in the treasury of the city, village, or county and credited to the budget of the city, village, or county attorney's office. All attorney's fees collected on behalf of a township shall be paid over to the county treasury and credited to the budget of the county attorney's office.

Source:Laws 1911, c. 73, § 9, p. 317; R.S.1913, § 3800; C.S.1922, § 3193; C.S.1929, § 51-209; R.S.1943, § 51-214; Laws 1972, LB 1032, § 256; Laws 1984, LB 229, § 1.


51-215. Public library; donations; library board may accept.

Any person may make donation of money, lands or other property for the benefit of any public library. The title to property so donated may be made to and shall vest in the library board of such library and their successors in office, and the board shall thereby become the owners thereof in trust to the uses of the public library of the city, village, township or county.

Source:Laws 1911, c. 73, § 10, p. 317; R.S.1913, § 3801; C.S.1922, § 3194; C.S.1929, § 51-210; Laws 1937, c. 123, § 1, p. 434; Laws 1941, c. 103, § 2, p. 422; C.S.Supp.,1941, § 51-210; R.S.1943, § 51-215.


51-216. Real estate; sale and conveyance; conditions; remonstrance; procedure.

The library board may, by resolution, direct the sale and conveyance of any real estate owned by the library board or by the public library, which is not used for library purposes, or of any real estate so donated or devised to the library board or to the public library upon such terms as the library board may deem best. Before any such sale is made the library board shall advertise such sale once each week for three consecutive weeks in a legal newspaper published or, if none is published, of general circulation in the city, village, township, or county in which the public library is situated, and such notice shall set out the time, place, terms, manner of sale, legal description of such real estate, and the right to reject any and all bids. If such bid or bids have not been rejected, then the real estate shall be sold to the highest bidder for cash, and the chairperson of the library board, upon resolution of the library board directing him or her so to do, shall convey such real estate to the purchaser of such real estate upon his or her payment of his or her bid. If within thirty days after the third publication of such notice a remonstrance against such sale is signed by thirty percent of the registered voters of such city, village, township, or county voting at the last regular city, village, or county election and is filed with the governing body of such city, village, township, or county, such property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the thirty-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.

Source:Laws 1937, c. 123, § 1, p. 434; Laws 1941, c. 103, § 2, p. 422; C.S.Supp.,1941, § 51-210; R.S.1943, § 51-216; Laws 1986, LB 960, § 34; Laws 1993, LB 59, § 4.


51-217. Public library; use by school districts.

Any school district may in its discretion at its annual meeting, by a majority vote, authorize the school board to contract for the use of a public library by the inhabitants of such district.

Source:Laws 1911, c. 73, § 11, p. 317; R.S.1913, § 3802; C.S.1922, § 3195; C.S.1929, § 51-211; R.S.1943, § 51-217.


51-218. Public library; property; exemption from execution and taxation; when.

The property of any public library shall be exempt from execution and shall be exempt from taxation to the extent it is used for a public purpose.

Source:Laws 1911, c. 73, § 12, p. 317; R.S.1913, § 3803; C.S.1922, § 3196; C.S.1929, § 51-212; R.S.1943, § 51-218; Laws 2001, LB 173, § 16.    


51-219. Private and associate libraries; deposit and use; authorized; requirements.

The library board shall have power to authorize any circulating library, reading matter, or work of art belonging to any private person, association or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked and kept upon shelves apart from the books of the public city or town library. Every such private or associate library or other property so deposited in any public library, while so placed or remaining, shall, without charge, be subject to use and reading within the library room by any person who is an inhabitant of such city or town and entitled to the use of the free library.

Source:Laws 1911, c. 73, § 13, p. 318; R.S.1913, § 3804; C.S.1922, § 3197; C.S.1929, § 51-213; R.S.1943, § 51-219.


51-220. Law library; establishment; maintenance; supervision.

The county board may, when in its discretion it shall deem it advisable, provide by purchase or otherwise for the procuring and maintaining of a suitable law library for the use of the public. Such library shall be under the supervision of the judges of the district court of the county wherein the same is located.

Source:Laws 1911, c. 73, § 1, p. 319; R.S.1913, § 3805; C.S.1922, § 3198; C.S.1929, § 51-214; R.S.1943, § 51-220; Laws 1961, c. 255, § 1, p. 749.


51-301. Repealed. Laws 1997, LB 250, § 26.

51-302. Repealed. Laws 1997, LB 250, § 26.

51-303. Repealed. Laws 1997, LB 250, § 26.

51-304. Repealed. Laws 1997, LB 250, § 26.

51-305. Repealed. Laws 1997, LB 250, § 26.

51-306. Repealed. Laws 1971, LB 95, § 2.

51-307. Repealed. Laws 1997, LB 250, § 26.

51-308. Repealed. Laws 1997, LB 250, § 26.

51-309. Repealed. Laws 1997, LB 250, § 26.

51-310. Repealed. Laws 1997, LB 250, § 26.

51-311. Repealed. Laws 1997, LB 250, § 26.

51-312. Repealed. Laws 1997, LB 250, § 26.

51-313. Repealed. Laws 1997, LB 250, § 26.

51-314. Repealed. Laws 1997, LB 250, § 26.

51-315. Repealed. Laws 1997, LB 250, § 26.

51-316. Repealed. Laws 1997, LB 250, § 26.

51-317. Repealed. Laws 1997, LB 250, § 26.

51-318. Repealed. Laws 1997, LB 250, § 26.

51-319. Repealed. Laws 1997, LB 250, § 26.

51-401. Nebraska Library Commission; members; term.

A Nebraska Library Commission is hereby established composed of six members to be appointed by the Governor, one to serve one year, one for two years, one for three years, one for four years, and one for five years, and thereafter the Governor shall appoint a new member annually to serve for a term of three years and no person shall be appointed to more than two successive terms. The new member provided for by this section shall be appointed for an initial term of three years. The term of one of the three members whose term expires in 1981 shall expire in 1980. That member shall be selected by lot.

Source:Laws 1935, c. 115, § 1, p. 370; C.S.Supp.,1941, § 51-501; R.S.1943, § 51-401; Laws 1972, LB 1033, § 4; Laws 1979, LB 352, § 1.


51-402. Nebraska Library Commission; expenses; payment.

The members of the Nebraska Library Commission shall serve without pay. They shall receive remuneration for traveling and actual expenses incurred while engaged in the business of the commission as provided in sections 81-1174 to 81-1177 for state employees. These expenses shall be paid out of the funds of the Nebraska Library Commission.

Source:Laws 1935, c. 115, § 2, p. 370; C.S.Supp.,1941, § 51-502; R.S.1943, § 51-402; Laws 1972, LB 1033, § 5; Laws 1981, LB 204, § 93.


51-403. Nebraska Library Commission; powers and duties; director; appointment; salary.

The powers and duties of the Nebraska Library Commission shall be (1) to make rules and regulations not inconsistent with law for its government and operations, (2) to appoint a director, at a salary to be fixed by the commission, who shall be a technically trained, qualified, and experienced librarian, a graduate of an American Library Association accredited library school, to administer the work of the commission as hereinafter specified, (3) to authorize the director to employ such assistance as may be necessary to properly carry out the requirements of sections 51-401 to 51-410, (4) to be responsible for the statewide promotion, development, and coordination of library programs and services in accordance with nationally acceptable library standards, (5) to receive, as the legally designated state governmental agency, federal library funds which by federal law are to be dispersed within the state by a prescribed formula, (6) to accept and administer any gifts, bequests, and legacies which, in the opinion of the director and the commission, may be of value to it, and (7) to make a biennial report for the past two fiscal years to the Governor of its activities and the progress of its work on or before December 15 in each even-numbered year.

Source:Laws 1935, c. 115, § 3, p. 370; Laws 1937, c. 124, § 1, p. 435; C.S.Supp.,1941, § 51-503; R.S.1943, § 51-403; Laws 1945, c. 238, § 21, p. 713; Laws 1951, c. 311, § 3, p. 1066; Laws 1951, c. 171, § 1, p. 659; Laws 1953, c. 178, § 1, p. 562; Laws 1955, c. 231, § 10, p. 721; Laws 1961, c. 256, § 1, p. 750; Laws 1965, c. 315, § 1, p. 878; Laws 1972, LB 1033, § 6; Laws 1983, LB 369, § 3.


51-403.01. Repealed. Laws 1959, c. 266, § 1.

51-403.02. Repealed. Laws 1963, c. 341, § 1.

51-403.03. Nebraska Library Commission; director; salary increase; when effective.

Section 51-403 shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation as therein provided for the director of the Nebraska Library Commission; and to permit a change of such salary as soon as same may become operative under the Constitution of the State of Nebraska.

Source:Laws 1965, c. 315, § 2, p. 879; Laws 1972, LB 1033, § 7.


51-404. Director; duties.

It shall be the duty of the director of the commission (1) to administer the work and activities of the commission, (2) to purchase books, periodicals, other library materials, and all necessary equipment and supplies for the commission, (3) to keep a catalog of all books, periodicals and other library materials belonging to the commission, (4) to keep a record of all books and property added to the library of the commission, and the cost thereof, (5) to keep a record of all books, periodicals and other library materials loaned by the commission and notify the borrowers of the expiration period of the loan, and (6) to keep fiscal and other operational records in accordance with state regulations.

Source:Laws 1935, c. 115, § 4, p. 371; C.S.Supp.,1941, § 51-504; R.S.1943, § 51-404; Laws 1972, LB 1033, § 8.


51-405. Local libraries, agencies, or organizations; entitled to services, when.

Any library, governmental agency, or any body of citizens or taxpayers organized for library purposes shall, upon complying with the rules prescribed by the Nebraska Library Commission, be entitled to the commission's services.

Source:Laws 1935, c. 115, § 5, p. 371; C.S.Supp.,1941, § 51-505; R.S.1943, § 51-405; Laws 1972, LB 1033, § 9.


51-406. Books; loans to libraries.

Any books, collection of books or other property of the Nebraska Library Commission may be loaned to any library, under such rules for the safekeeping, preservation, care, handling and management of the same as may be fixed by the Nebraska Library Commission.

Source:Laws 1935, c. 115, § 6, p. 371; C.S.Supp.,1941, § 51-506; R.S.1943, § 51-406; Laws 1972, LB 1033, § 10.


51-407. Nebraska Library Commission; reports from all libraries required.

The director shall each year obtain from all libraries in the state reports showing the conditions, growth, development and manner of conducting such libraries, together with such other facts and statistics regarding the same as may be deemed of public interest by the Nebraska Library Commission.

Source:Laws 1935, c. 115, § 7, p. 371; C.S.Supp.,1941, § 51-507; R.S.1943, § 51-407; Laws 1972, LB 1033, § 11.


51-408. Nebraska Library Commission; assistance to local libraries.

The director shall when asked give advice and instruction to all libraries or individuals and to all communities which may propose to establish libraries as to the best means for establishing, organizing and administering such libraries, selecting and cataloging books, and other duties of library management. The director shall, so far as possible, promote and assist by counsel and encouragement the formation of libraries where none exist, and the director may send one of his employees or assistants to aid in organizing new libraries or improving those already established.

Source:Laws 1935, c. 115, § 8, p. 371; C.S.Supp.,1941, § 51-508; R.S.1943, § 51-408; Laws 1972, LB 1033, § 12.


51-409. Repealed. Laws 1981, LB 497, § 1.

51-410. Nebraska Library Commission; disbursements; power of director.

The director may from time to time as needed draw a voucher signed by himself in favor of any party to whom money is due, stating in such voucher what the money is to be used for. Upon presentation of such order the Director of Administrative Services shall draw his warrant upon the State Treasurer for the amount thereof, not exceeding the amount of the appropriation for the purposes of the Nebraska Library Commission.

Source:Laws 1935, c. 115, § 10, p. 372; C.S.Supp.,1941, § 51-510; R.S.1943, § 51-410; Laws 1972, LB 1033, § 14.


51-410.01. Nebraska Library Commission Cash Fund; created; how funded.

There is hereby created a fund to be known as the Nebraska Library Commission Cash Fund, from which shall be appropriated such amounts as are available and as shall be considered incident to the administration of the Nebraska Library Commission. All funds received by the Nebraska Library Commission for services rendered shall be paid into the state treasury and the State Treasurer shall credit the money to the Nebraska Library Commission Cash Fund.

Source:Laws 1975, LB 550, § 1.


51-411. Terms, defined.

As used in sections 51-411 to 51-418, unless the context otherwise requires:

(1) Print shall include all forms of printing and duplicating, regardless of format or purpose, with the exception of correspondence and interoffice memoranda;

(2) State publications shall include any multiply produced publications printed or purchased for distribution by the state, the Legislature, constitutional officers, any state department or committee, or any other state agency supported wholly or in part by state funds;

(3) State agency shall include every state office, officer, department, division, bureau, board, commission, and agency of the state and, when applicable, all subdivisions of each, including state institutions of higher education defined as all state-supported colleges and universities; and

(4) Governmental publications shall include any publications of associations, regional organizations, intergovernmental bodies, federal agencies, boards, and commissions, or other publishers that may contribute supplementary materials to support the work of the state Legislature and state agencies.

Source:Laws 1972, LB 1284, § 1; Laws 1988, LB 802, § 3.


51-412. Nebraska Publications Clearinghouse; created; duties; rules and regulations.

There is hereby created, as a division of the Nebraska Library Commission, a Nebraska Publications Clearinghouse. The clearinghouse shall establish and operate a publications collection and depository system for the use of Nebraska citizens. To this end, the Nebraska Library Commission shall adopt and promulgate such rules and regulations as shall be necessary to carry out sections 51-411 to 51-418.

Source:Laws 1972, LB 1284, § 2; Laws 1988, LB 802, § 4.


51-413. State agencies; publications; filing with Nebraska Publications Clearinghouse.

Every state agency head or his or her appointed records officer shall notify the Nebraska Publications Clearinghouse of his or her identity. The records officer shall upon release of a state publication deposit four copies and a short summary, including author, title, and subject, of each of its state publications with the Nebraska Publications Clearinghouse for record purposes. One of these copies shall be forwarded by the clearinghouse to the Nebraska State Historical Society for archival purposes and one to the Library of Congress. Additional copies, including sale items, shall also be deposited in the Nebraska Publications Clearinghouse in quantities certified to the agencies by the clearinghouse as required to meet the needs of the Nebraska publications depository system, with the exception that the University of Nebraska Press shall only be required to deposit four copies of its publications.

Source:Laws 1972, LB 1284, § 3; Laws 1979, LB 322, § 80; Laws 1989, LB 18, § 4.


51-414. Depository contracts; standards; establish.

The Nebraska Publications Clearinghouse may enter into depository contracts with any municipal or county public library, state college or state university library, and out-of-state research libraries. The requirements for eligibility to contract as a depository library shall be established by the Nebraska Publications Clearinghouse. The standards shall include and take into consideration the type of library, ability to preserve such publications and to make them available for public use, and also such geographical locations as will make the publications conveniently accessible to residents in all areas of the state.

Source:Laws 1972, LB 1284, § 4; Laws 1997, LB 250, § 23.


51-415. Official list of publications; publish; contents.

The Nebraska Publications Clearinghouse shall publish and distribute regularly to contracting depository libraries, other libraries, state agencies and legislators, an official list of state publications with an annual cumulation. The official list shall provide a record of each agency's publishing and show author, agency, title and subject approaches.

Source:Laws 1972, LB 1284, § 5.


51-416. Current state publications; furnish.

Upon request by the Nebraska Publications Clearinghouse, records officers of state agencies shall furnish the clearinghouse with a complete list of their current state publications.

Source:Laws 1972, LB 1284, § 6.


51-417. Distribution of state publications; restriction.

The Nebraska Publications Clearinghouse shall not engage in general public distribution of either state publications or lists of publications. Sections 51-411 to 51-418 shall not affect the distribution of state publications distributed by state agencies, except that the agencies shall deposit in the Nebraska Publications Clearinghouse the number of copies of each of their state publications certified by the clearinghouse.

Source:Laws 1972, LB 1284, § 7; Laws 1988, LB 802, § 5.


51-418. Interlibrary loan service; provide.

The Nebraska Publications Clearinghouse shall provide access to local, state, federal and other governmental publications to state agencies and legislators and through interlibrary loan service to citizens of the state.

Source:Laws 1972, LB 1284, § 8.


51-501. Museums; local governmental subdivisions; establishment; tax levy; limitation; authorization by election; discontinuance.

(1) The city council of any city, the board of trustees of any incorporated village, the county board of any county, and the electors of any township at their annual town meeting shall have the power to establish a museum for the use of the inhabitants of such city, village, county, or township or to contract for the use of a museum already established and may levy a tax of not more than seven cents on each one hundred dollars upon the taxable value of all the taxable property within the city, village, township, or county to be levied each year and collected in like manner as other taxes in such city, village, county, or township and to be known as the museum fund. The levy shall be part of the levy of the city, village, county, or township and shall be subject to sections 77-3442 and 77-3443.

(2) When the county board makes a levy for a county museum, it shall omit from the levy of the museum tax all property within the limits of any city, village, or township in such county which already maintains a museum by public tax. Before establishing such county museum or levying such tax, the county board shall submit the question to the voters of the county and a majority of the voters voting thereon shall have authorized the establishment of such county museum and the levying of the tax. Such questions shall be submitted at a general election only, and when so submitted and carried, it is hereby made the duty of the county board to include the county museum in its next succeeding estimate and levy.

(3) The electors of the county may discontinue such levy by vote of the people in the same manner that the initial levy was authorized, except that the proposition to discontinue such levy shall be placed on the ballot by the county board of such county at a general election only when requested to do so by a petition signed by at least twenty percent of the legal voters of such county based on the total vote cast for Governor at the last general election in the county.

Source:Laws 1957, c. 224, § 1, p. 766; Laws 1979, LB 187, § 180; Laws 1992, LB 719A, § 156; Laws 1996, LB 1114, § 62; Laws 1997, LB 269, § 31; Laws 1998, LB 306, § 6.


Cross References

Annotations

51-502. Museums; city or village; establishment; museum board; members; terms; vacancy, how filled.

A city or village may establish and maintain a museum pursuant to sections 51-501 to 51-513 when approved by at least fifty-one percent of the votes cast at the election by the electors of the city or village voting on the proposition. Notwithstanding the provisions of any home rule charter to the contrary, any city or village which established a museum prior to April 10, 1957, or any city or village contracting for the use of a museum already established shall not be required to hold an election to contract for or to establish and maintain such a museum for any term of years deemed necessary or advisable by such city or village. When the electors of a city or village approve the establishment and the maintenance of a museum pursuant to sections 51-501 to 51-513, the city council or village board shall establish and maintain a museum pursuant to such sections. Such city or village shall appoint a museum board of not less than five but not more than nine members to be chosen from the citizens of the city or village at large. Except as further provided in this section, neither the mayor nor any member of the city council or village board shall be a member of the museum board. The members of the museum board first appointed shall hold office, the first for a term of one year, the second for a term of two years, the third for a term of three years, the fourth for a term of four years, the fifth for a term of five years, the sixth for a term of one year, the seventh for a term of two years, the eighth for a term of three years, and the ninth for a term of four years from the first day of July following their appointment. As their terms expire, one member shall be chosen annually thereafter for a term of five years. In cases of vacancies by resignation, removal, or otherwise, the city council or village board shall fill such vacancy for the unexpired term. Cities having home rule charters may fix by ordinance the number of members of such museum board. No member shall receive any pay or compensation for any services rendered. However, the city council of any city or the board of trustees of any village which is contracting for the use of a museum already established shall be the museum board and may establish the city council or board of trustees as the museum board without regard to the requirements for terms and numbers of members on the board set forth in this section.

Source:Laws 1957, c. 224, § 2, p. 767; Laws 1963, c. 306, § 1, p. 903; Laws 1965, c. 316, § 1, p. 880; Laws 1989, LB 444, § 1.


51-503. Museums; county or township; establishment; museum board; members; terms; vacancies, how filled; compensation.

When the electors of any county or of any township shall have voted to establish and maintain a museum, the county board of such county or the township board of such township shall appoint a museum board of not less than five but not more than nine members, no member of which shall be a member of the county or township board, the five members of the museum board first appointed shall hold office, one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, the sixth member shall be for a term of one year, the seventh for a term of two years, the eighth for a term of three years, and the ninth for a term of four years, from the first day of July following their appointment; and as the terms of the members expire, the county or township board shall appoint annually one trustee to serve for a term of five years. In case of vacancies, the county or township board shall have the power to fill the vacancy for the unexpired term. No trustee shall receive any pay or compensation for any services rendered as a member of such board.

Source:Laws 1957, c. 224, § 3, p. 768; Laws 1963, c. 306, § 2, p. 904; Laws 1965, c. 316, § 2, p. 881.


51-504. Museums; trustees; officers; appointment; meetings; quorum.

The trustees of any city, village, county, or township museum shall immediately after their appointment meet and organize by electing from their number a president, secretary and such other officers as may be necessary. Three members of the board shall constitute a quorum for the transaction of business.

Source:Laws 1957, c. 224, § 4, p. 769; Laws 1963, c. 306, § 3, p. 904.


51-505. Museums; board; powers.

The museum board shall have the power to make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the museum as it may deem expedient and not inconsistent with the provisions of sections 51-501 to 51-512. The board shall have power to employ any and all personnel necessary for the operation of the museum and to fix their salaries.

Source:Laws 1957, c. 224, § 5, p. 769.


51-506. Museums; board; finances; care of building.

The museum board shall have exclusive control of expenditures, of all money collected or donated to the credit of the museum fund, of the renting or construction of a museum building and the supervision, care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for that purpose.

Source:Laws 1957, c. 224, § 6, p. 769.


Annotations

51-507. Museums; funds; disbursement; acquisition from private sources; kept separate and apart; manner of disbursement.

All taxes levied or collected shall be kept for the use of the museum, separate and apart from other funds of the city, village, county, or township. They shall be drawn upon and paid out by the treasurer of such city, village, county, or township upon vouchers signed by the president of the museum board and authenticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner. All funds donated or in any other way acquired from private sources, including paid memberships in a local museum association, for the erection, maintenance, or support of any museum shall be kept for the use of the museum, separate and apart from all other funds of the city, village, county or township. They shall be drawn upon and paid out by the treasurer of such museum board upon vouchers signed by the president of the museum board and authenticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner.

Source:Laws 1957, c. 224, § 7, p. 769; Laws 1963, c. 306, § 4, p. 905.


51-508. Museums; public use; admission charges; rules and regulations.

Every museum supported by public tax shall be open to the use of the public, subject to such reasonable regulations and admission charges as the museum board may adopt to render such museum of the greatest use to the public. The board may exclude from the use of the museum any person who shall willfully violate or refuse to comply with rules and regulations established for the government thereof. The power of the museum board under this section may be exercised by the other contracting party as set forth in a contract which has been entered into by a city or village for the use of a museum already established.

Source:Laws 1957, c. 224, § 8, p. 769; Laws 1963, c. 306, § 5, p. 905; Laws 1989, LB 444, § 2.


51-509. Museums; board; report; contents.

Except where a contract is entered into for the use of a museum already established, the museum board shall, on or before the second Monday in June in each year, make a report to the city council, village board, or to the county or township board as to the condition of its trust on June 1 of such year, showing all money received or expended and a general report on all its activities in the operation and supervision of the museum and any information and suggestions it may deem of general interest, or as the city council, village, county, or township board may require. The report shall be in writing and verified by affidavit of the proper officers of such board.

Source:Laws 1957, c. 224, § 9, p. 770; Laws 1989, LB 444, § 3.


Annotations

51-510. Museums; gifts and devises; title in trust; revenue bonds; payment.

Any person may make gifts or devises of money, lands, or other property to or for the benefit of any public museum. The title to property so donated or devised may be made to and shall vest in the museum board of such museum and their successors in office, and the board shall thereby become the owners thereof in trust to the uses of the museum of the city, village, county, or township, but such museum board may pledge and use any unrestricted gifts or devises for the payment of the principal of or the interest or redemption premium on any revenue bonds issued for the benefit of such museum.

Source:Laws 1957, c. 224, § 10, p. 770; Laws 1965, c. 316, § 3, p. 881.


51-511. Museum; conveyance of real estate or other property; procedure; applicability of section.

The museum board may, by resolution of the majority of the board, direct the sale, conveyance, or disposition of any real estate or other property owned by the museum board or by the museum upon such terms and conditions as the museum board deems in the best interest of the museum, except that the provisions of this section shall not include any items or property subject to the Unmarked Human Burial Sites and Skeletal Remains Protection Act or the federal Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq. The museum board shall properly document the sale, conveyance, or disposition of any real estate or other property, including a brief description of the real estate or other property, the disposition made, the name of the recipient of the real estate or other property, the amount tendered or a description and stated value of real estate or other property received in exchange, and the date of the transaction. All funds derived from such sales shall be deposited in the museum fund and kept for use by the museum separate and apart from other funds of the city, village, county, or township as authorized by section 51-507.

Source:Laws 1957, c. 224, § 11, p. 770; Laws 1986, LB 960, § 35; Laws 1993, LB 750, § 1; Laws 1993, LB 59, § 5.


Cross References

51-512. Museums; property; exempt from execution and taxation.

The property of any public museum, including the museum property of a contracting party set forth in a contract with a city or village for the use of a museum already established, shall be exempt from execution and taxation, as is other public property.

Source:Laws 1957, c. 224, § 12, p. 771; Laws 1989, LB 444, § 4.


51-513. Museums; revenue bonds; purpose; issuance; payable; sale; refunding.

The city council of any city, the board of trustees of any incorporated village, the county board of any county and the electors of any township at their annual town meeting, who have established a museum pursuant to the provisions of sections 51-501 to 51-503, shall have the power to issue revenue bonds for the purpose of (1) purchasing and improving a site or sites for the location of a museum or museum buildings, structures or educational or historical exhibits, (2) erecting museum buildings, structures and educational or historical exhibits, (3) acquiring historical collections and other museum items, (4) acquiring furniture, furnishings and equipment for any of the foregoing, or (5) paying any outstanding notes, obligations, or other indebtedness incurred in connection with the museum. Such revenue bonds shall be payable solely from the admission charges authorized by section 51-508, nontax revenue received from the operation of such museum, or from unrestricted gifts, devises, or other property and funds of such museum. Such bonds shall be of such tenure, form, and denominations, be payable in such installments, at such time or times not exceeding forty years from their date, and at such place or places, bear interest at such rate or rates payable at such place or places and evidenced in such manner, be redeemable prior to maturity with or without premium, and contain such other provisions not inconsistent with the provisions of this section as the governing body of the issuing city, village, county or township shall determine. All bonds issued under the authority of this section and all interest coupons applicable thereto shall be construed to be negotiable instruments despite the fact that they are payable solely from a specified source. Such bonds may be sold at public or private sale in such manner and at such times as may be determined by the governing body of the issuer. Any bonds issued under the provisions of this section and at any time outstanding may at any time and from time to time be refunded by the issuing agency by the issuance of its refunding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, together with any unpaid interest thereon and any premiums necessary to be paid in connection therewith. Such refunding may be either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby or by exchange of the refunding bonds for the bonds to be refunded thereby.

Source:Laws 1965, c. 466, § 1, p. 1508.


51-601. Repealed. Laws 2004, LB 940, § 4.

51-602. Repealed. Laws 2004, LB 940, § 4.

51-603. Repealed. Laws 2004, LB 940, § 4.

51-604. Repealed. Laws 2004, LB 940, § 4.

51-605. Repealed. Laws 2004, LB 940, § 4.

51-606. Repealed. Laws 2004, LB 940, § 4.

51-607. Repealed. Laws 2004, LB 940, § 4.

51-701. Act, how cited.

Sections 51-701 to 51-712 shall be known and may be cited as the Museum Property Act.

Source:Laws 1996, LB 1276, § 1.


51-702. Terms, defined.

For purposes of the Museum Property Act:

(1) Claimant means a person who files a notice of intent to preserve an interest in property on loan to a museum as provided in section 51-706;

(2) Claimant's address means the most recent address as shown on a notice of intent to preserve an interest in property on loan to a museum or notice of change of address, which notice is on file with the museum;

(3) Lender means a person whose name appears on the records of the museum as the person legally entitled to or claiming to be legally entitled to property held by the museum;

(4) Lender's address means the most recent address as shown on the museum's records pertaining to the property on loan from the lender;

(5) Loan means a deposit of property not accompanied by a transfer of permanent title to the property;

(6) Museum means an institution located in Nebraska and operated by a nonprofit corporation or a public agency, primarily for educational, scientific, historic preservation, or aesthetic purposes, and which owns, borrows, cares for, exhibits, studies, archives, or catalogs property. Museum includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments, libraries, and zoos;

(7) Permanent loan means a loan of property to a museum for an indefinite period;

(8) Property means a tangible object, animate or inanimate, under a museum's care, which has intrinsic historic, artistic, scientific, or cultural value; and

(9) Undocumented property means property in the possession of a museum for which the museum cannot determine the owner by reference to the museum's records.

Source:Laws 1996, LB 1276, § 2.


51-703. Notice; contents.

(1) In addition to any other information prescribed for a particular notice, each notice given pursuant to the Museum Property Act shall contain the following information:

(a) The lender's or claimant's name as appropriate;

(b) The lender's last-known address or the claimant's last-known address as appropriate;

(c) A brief description of the property on loan;

(d) The date of the loan, if known;

(e) The name of the museum; and

(f) The name, address, and telephone number of the appropriate person or office to be contacted regarding the property.

(2) Each notice given by a museum pursuant to the act shall be mailed to the lender's and any claimant's last-known address by restricted certified mail. Notice is deemed given if the museum receives proof of receipt within thirty days after mailing the notice.

(3) Notice may be given by publication if the museum does not:

(a) Know the identity of the lender;

(b) Have the address or telephone number for the lender or the address or telephone number for the claimant; or

(c) Receive proof of receipt of the notice by the person to whom the notice was sent within thirty days after the notice was mailed.

(4) Notice by publication must be given at least once each week for three consecutive weeks in a newspaper of general circulation in both the county where the museum is located and the county of the lender's or claimant's address, if any.

Source:Laws 1996, LB 1276, § 3.


51-704. Acquisition of title to loaned property; when.

Subject to any existing security interest in the property, a museum may acquire title to property on permanent loan or loaned for a specified term that has expired if:

(1) The museum gives written notice that the museum is terminating the loan of the property;

(2) The notice that the loan of the property is being terminated includes a statement containing substantially the following information:

The records of (name of museum) indicate that you have property on loan to it. The institution wishes to terminate the loan. If you desire to claim the property, you must contact the institution, establish your ownership of the property, and make arrangements to collect the property. If you fail to do so promptly, you will be considered to have donated the property to the institution; and

(3) The lender does not respond to the notice of termination provided under subdivision (1) of this section within one year after receipt of the notice by filing a notice of intent to preserve an interest in the property on loan.

Source:Laws 1996, LB 1276, § 4.


51-705. Acquisition of title to undocumented property; when.

Subject to any existing security interest in the property, a museum may acquire title to undocumented property held by the museum for at least seven years as follows:

(1) The museum must give notice as provided in subsection (3) of section 51-703 that the museum is asserting title to the undocumented property;

(2) The notice that the museum is asserting title to the property must include a statement containing substantially the following information:

The records of (name of museum) fail to indicate the owner of record of certain property in its possession. The museum hereby asserts title to the following property: (general description of property). If you claim ownership or other legal interest in this property, you must contact the museum, establish ownership of the property, and make arrangements to collect the property. If you fail to do so within three years, you will be considered to have waived any claim you may have had to the property; and

(3) If a claimant or lender does not respond to the notice provided in subdivision (2) of this section within three years by giving a written notice of intent to retain an interest in the property on loan, the museum's title to the property becomes absolute.

Source:Laws 1996, LB 1276, § 5.


51-706. Preservation of interest in loaned property; notice; contents.

(1) A notice of intent to preserve an interest in property on loan to a museum filed pursuant to the Museum Property Act shall be in writing and contain all of the following information:

(a) A description of the property adequate to enable the museum to identify the property;

(b) Documentation sufficient to establish the claimant as owner of the property or a holder of a security interest in the property;

(c) A statement attesting to the truth, to the best of the signer's knowledge, of all information included in or with the notice; and

(d) The signature, under penalty of perjury, of the claimant or a person authorized to act on behalf of the claimant.

(2) The museum need not retain a notice which does not meet the requirements set forth in subsection (1) of this section. If the museum does not intend to retain a notice for this reason, the museum shall promptly notify the claimant at the address given on the notice that the museum believes the notice is ineffective to preserve an interest and the reasons for the insufficiency. The fact that a museum retains a notice under section 51-710 does not mean that the museum accepts the sufficiency or accuracy of the notice or that the notice is effective to preserve an interest in property on loan to the museum.

Source:Laws 1996, LB 1276, § 6.


51-707. Conservation measures; authorized; effect.

(1) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to loaned property if immediate action is required to protect the property on loan or to protect other property in the custody of the museum, or the property on loan has become a hazard to the health and safety of the public or of the museum's staff, and:

(a) The museum cannot reach the lender at the lender's last address of record so that the museum and the lender can promptly agree on a solution; or

(b) The lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.

(2) If a museum applies conservation measures under subsection (1) of this section, the museum:

(a) Has a lien on the property and on the proceeds from any disposition of the property for the costs incurred by the museum; and

(b) Is not liable for injury to or loss of the property if the museum:

(i) Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or that the property on loan constituted a hazard to the health and safety of the public or the museum's staff; and

(ii) Exercised reasonable care in the choice and application of the conservation measures.

Source:Laws 1996, LB 1276, § 7.


51-708. Limitation of actions; liability.

(1) An action shall not be brought against a museum for damages because of injury to or loss of property loaned to the museum more than three years from the date the museum gives the lender or claimant notice of the injury or loss or ten years from the date of the injury or loss, whichever occurs earlier.

(2) An action shall not be brought against a museum to recover property on loan more than one year after the date the museum gives the lender or claimant notice of its intent to terminate the loan or notice of acquisition of title to undocumented property.

(3) An action shall not be brought against a museum to recover property on loan more than seven years from the date of the last written contact between the lender or claimant and the museum as evidenced by the museum's records.

(4) A lender or claimant is considered to have donated loaned property to the museum if the lender fails to file an action to recover the property on loan to the museum within the time periods specified in subsections (1) through (3) of this section.

(5) Notwithstanding subsections (3) and (4) of this section, a lender or claimant who was not given notice as provided in the Museum Property Act that the museum intended to terminate a loan as provided in section 51-704 and who proves that the museum received an adequate notice of intent to preserve an interest in loaned property, which satisfies all of the requirements of section 51-706, within the seven years immediately preceding the filing of an action to recover the property, may recover the property or, if the property has been disposed of, the reasonable value of the property at the time it was disposed of plus interest at the legal rate.

(6) A museum is not liable at any time, in the absence of a court order, for returning property to the original lender even if a claimant other than the lender has filed a notice of intent to preserve an interest in property. If a person claims competing interests in property in the possession of a museum, the burden is upon the claimant to prove the interest in an action in equity initiated by a claimant. A museum is not liable at any time for returning property to an uncontested claimant who produced reasonable proof of ownership or the existence of a security interest pursuant to section 51-706.

Source:Laws 1996, LB 1276, § 8.


51-709. Obligations to lender or claimant.

In order to take title pursuant to the Museum Property Act, a museum has the following obligations to a lender or claimant:

(1) The museum shall retain all written records regarding the property for at least three years after the date of taking title pursuant to the act;

(2) The museum shall keep written records on all loaned property acquired pursuant to section 51-704. Records shall contain the following information:

(a) The lender's name, address, and telephone number;

(b) The claimant's name, address, and telephone number;

(c) The nature and terms of the loan; and

(d) The beginning date of the loan period, if known; and

(3) The museum is responsible for notifying a lender or claimant of the museum's change of address or dissolution.

Source:Laws 1996, LB 1276, § 9.


51-710. Records; maintenance and retention.

Beginning on July 19, 1996, a museum shall at a minimum maintain and retain the following records, either as originals or accurate copies, for a period of not less than twenty-five years:

(1) A notice of intent to preserve an interest in property, if any;

(2) The loan agreement, if any;

(3) A receipt or ledger for property delivered to an owner or claimant; and

(4) Records containing the following information, as available, for property in the museum's possession:

(a) The lender's name, address, and telephone number;

(b) The claimant's name, address, and telephone number;

(c) The donor's name, address, and telephone number;

(d) The seller's name, address, and telephone number;

(e) The nature and terms of the transaction (loan for specified term, loan for unspecified term, donation, purchase, etc.); and

(f) The beginning date of the loan period or transaction date.

Source:Laws 1996, LB 1276, § 10.


51-711. Lender or claimant; duty to notify museum; when.

(1) The lender or claimant of property on loan to a museum shall notify the museum of a change of address or change in ownership of the property. Failure to notify the museum of these changes may result in the lender's or claimant's loss of rights in the property.

(2) The lender or claimant of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property as provided for in section 51-706. The filing of a notice of intent to preserve an interest in property on loan to a museum does not validate or make enforceable any claim which would be extinguished under the terms of a written agreement or which would otherwise be invalid or unenforceable.

Source:Laws 1996, LB 1276, § 11.


51-712. Death of owner of property; effect.

Loaned property in the possession of a museum at the time of the owner's death which would otherwise escheat to the state shall not so escheat but shall become the property of the museum to which it is loaned.

Source:Laws 1996, LB 1276, § 12.


51-801. Legislative findings.

The Legislature finds and declares that public libraries are vital to the quality of life in Nebraska communities and that public libraries provide access to information resources for the personal, educational, and vocational needs of the citizens. The Legislature further finds that public library services can be improved by permitting creative and flexible means of library governance and organization. It is the intent of the Legislature to encourage cooperation and collaboration among political subdivisions to assure access to public library services for every Nebraskan.

Source:Laws 1999, LB 362, § 1.    


51-802. Terms, defined.

For purposes of sections 51-801 to 51-811:

(1) Basic public library services includes, but is not limited to, free loan of circulating print and nonprint materials from the local collection and general reference and information services;

(2) Local governing authority means the governing body of a county, city, village, or township; and

(3) Public library federation means a library service agency of one or more counties responsible for a planned program of library services to be provided through public libraries which choose to affiliate with the federation.

Source:Laws 1999, LB 362, § 2.    


51-803. Intracounty public library federation; establishment; board; members; terms; expenses.

(1) Upon the request of two or more local governing authorities within a county, the county board may establish a public library federation.

(2) The county board shall appoint seven residents of the county to the public library federation board. At least four members of the public library federation board shall represent communities whose public libraries have affiliated with the federation. The members shall be appointed to broadly represent the county's population.

(3) Each member of the public library federation board shall serve a term of not less than three nor more than five years as determined by the county board, except that the terms of the initial appointments may vary in length so that terms will expire in a staggered fashion. If a vacancy exists, the unexpired term shall be filled by appointment by the county board.

(4) A member of the public library federation board shall not receive compensation for services rendered as a board member but may be reimbursed for actual and necessary expenses incurred in the performance of official duties from the public library federation fund.

Source:Laws 1999, LB 362, § 3.    


51-804. Intercounty public library federation; establishment; board; members; terms; expenses.

(1) Upon the request of two or more local governing authorities within each of two or more adjoining counties, the county boards may jointly establish a public library federation.

(2) Each county board shall appoint two residents of the county to the public library federation board. At least one member from each county shall represent communities whose public libraries have affiliated with the federation. The members appointed by the county boards shall appoint an additional member. The members shall be appointed to broadly represent each county's population.

(3) Each member of the public library federation board shall serve a term of not less than three nor more than five years as jointly determined by the county boards, except that the terms of the initial appointments may vary in length so that terms will expire in a staggered fashion. If a vacancy exists in the membership from one of the participating counties, the unexpired term shall be filled by appointment by the appropriate county board.

(4) A member of the public library federation board shall not receive compensation for services rendered as a board member but may be reimbursed for actual and necessary expenses incurred in the performance of official duties from the public library federation fund.

Source:Laws 1999, LB 362, § 4.    


51-805. Public library federation board; powers and duties.

(1) The public library federation board shall be responsible for the general governance of the public library federation, but affiliated libraries shall retain governance of all aspects of local library operations. The board shall make and adopt bylaws, rules, and regulations for the board's guidance and for the governance of the federation. The board shall develop a long-range public library service plan for the provision of public library service to the area included in the federation.

(2) The board may designate and determine the compensation of a library federation director. The director shall be responsible to the board only in relationship to federation operations.

(3) The board shall develop and present an annual budget in support of the annual public library plan to each participating county board. The public library federation board shall administer and authorize the expenditure of all money received from taxes and other sources in support of federation public library service.

(4) The board may contract with other public entities for services.

(5) The method of federating libraries provided in sections 51-801 to 51-811 shall not be the exclusive way to provide joint or cooperative library services. Nothing in sections 51-801 to 51-811 shall prohibit a county, city, village, or township from entering into an agreement pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act concerning library services.

Source:Laws 1999, LB 362, § 5;    Laws 2000, LB 968, § 18.    


Cross References

51-806. Public library federation fund; establishment.

Upon the establishment of a public library federation and a public library federation board, each participating county board shall establish a public library federation fund to be supported from the general fund of each participating local governing authority or from a public library tax levy. Any local governing authority which is not affiliated with the public library federation shall not be subject to the levy. The levy shall be subject to section 77-3442. The amount of tax support for the federation shall be subject to an agreement among the participating local governing authorities. All money received for the federation shall be remitted to the county treasurer for credit to the public library federation fund.

Source:Laws 1999, LB 362, § 6.    


51-807. Affiliation with federation.

The local governing authority of each existing public library within a county participating in a public library federation shall either choose to affiliate with the federation or shall choose to exempt itself from the federation. A county, city, village, or township public library that chooses to affiliate with the federation shall agree to provide basic public library services free of charge to all residents within the federation area. Residents within the area of a public library that has chosen to exempt itself from the federation shall not be entitled to participate in programs of the public library federation. The public library board of a county, city, village, or township shall retain its authority and autonomy regardless of whether or not the public library is an affiliate of the federation.

Source:Laws 1999, LB 362, § 7.    


51-808. Annual report.

The public library federation board shall submit an annual report of activities and operations to the Nebraska Library Commission and to the participating local governing authorities.

Source:Laws 1999, LB 362, § 8.    


51-809. Title to property; exempt from taxation; when.

The title to property, equipment, and library materials of a public library federation acquired with funds of the public library federation shall be vested in the participating local governing authorities as reflected by an agreement entered into before the formation of the federation. The title to property, equipment, and library materials of an affiliated public library shall remain in the affiliated public library. Removal or disposal of public library federation property shall be determined by the public library federation board. The property of any public library federation shall be exempt from execution and shall be exempt from taxation to the extent such property is used for a public purpose.

Source:Laws 1999, LB 362, § 9;    Laws 2001, LB 173, § 17.    


51-810. Withdrawal of affiliation.

An affiliate of a public library federation may, by a two-thirds majority vote of the local governing authority, withdraw from affiliation with the federation after giving one year's notice.

Source:Laws 1999, LB 362, § 10.    


51-811. Dissolution.

A public library federation may, by a two-thirds majority vote of the library federation board, be dissolved after one year's notice. In the event of the dissolution of a public library federation, the participating local governing authorities shall determine the disposition of all federation assets on a prorated basis to affiliated public libraries.

Source:Laws 1999, LB 362, § 11.