State library created - administration

(1) The state library is created as a division of the department of education, and its operation is declared to be an essential administrative function of the state government. The state library is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education, the commissioner of education, and the state board of education. (2) The commissioner of education, as ex officio state librarian, has charge and direction of the state library but may delegate to the assistant commissioner in charge of the state library any or all of the powers given to the state librarian in this article for such periods and under such restrictions as the commissioner sees fit, upon approval of the state board of education. (3) The commissioner of education shall appoint an assistant commissioner, office of library services, in accordance with the provisions of section 13 of article XII of the state constitution. Said assistant commissioner shall have at least a master's degree from a library school accredited by the American library association and shall have at least seven years of progressively responsible library experience, five of which shall have been in administrative positions.