The Vermont Statutes Online

Title 22: Libraries, History, and Information Technology

Chapter 013: Department of Libraries

• Subchapter 001: GENERAL PROVISIONS

• § 601. Appointment of State Librarian; powers and duties

  (a) After consultation with the Board, the Secretary of Administration, with the approval of the Governor and with the advice and consent of the Senate, shall appoint a State Librarian for an indefinite term. The Secretary, after consultation with the Board, may remove the State Librarian from office. Any person appointed State Librarian must be a professional librarian and must possess a degree in library science from an institution accredited by the American Library Association. The State Librarian shall serve as the administrative head of the Department of Libraries and shall serve as Secretary to the Board of Libraries but shall not be a member of the Board.

  (b) As administrative head of the Department of Libraries, the State Librarian may appoint and engage employees subject to the provisions of 3 V.S.A. chapter 13.

  (c) The State Librarian shall distribute, in accordance with 22 V.S.A. § 611, the following State publications: Acts and Resolves of the General Assembly; the legislative directory; the Vermont Statutes Annotated, including cumulative pocket part supplements when issued; and the journals of the Senate and House of Representatives. The State Librarian shall maintain records of all documents that he or she distributes. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 10, eff. May 6, 1996; 2017, No. 100 (Adj. Sess.), § 4; 2021, No. 53, § 4.)

• § 602. Board of Libraries

  A Board of Libraries, referred to in this chapter as “the Board”, is established. The Board shall serve in an advisory capacity to the State Librarian. The Board shall consist of seven members appointed by the Governor with the advice and consent of the Senate. At the time of appointment of the initial Board, one member shall be appointed for a term of one year, two members for terms of two years, two for three years, and two for four years. Thereafter, all appointments shall be for a term of four years. The Governor may appoint a member to replace any member of the Board who dies or resigns, to serve for the balance of the unexpired term of office. No person shall be appointed to the Board for more than two full terms, consecutive or otherwise. In making appointments to the Board, the Governor shall, as the Governor finds feasible, consult with educational officials, librarians and library administrators, the Vermont Bar Association, or other segments of the population. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 9, eff. May 6, 1996.)

• § 603. Officers; meetings

  The Board shall elect annually a chair and a vice chair. The Chair shall preside at meetings of the Board; the Vice Chair shall preside in the absence of the Chair. The Secretary shall record the votes and proceedings of the Board. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; 1995, No. 148 (Adj. Sess.), § 14(a).)

• § 604. Repealed. 2021, No. 53, § 8(2).

• § 605. Duties and functions of the Department of Libraries

  The duties and functions of the Department of Libraries shall be to provide, administer, and maintain:

  A law library to serve the Supreme Court, the Attorney General, other members of the Judiciary, the legal profession, members of the General Assembly, officials of State government, and the general public.

  (2) A collection of federal documents.

  (3) An information and reference service to State government, including a comprehensive collection of current information relating to matters of public policy and topics pertinent to State government.

  (4) A general library collection of a sufficient size and scope to reinforce and supplement the resources of local and regional libraries. All materials of the Department of Libraries shall be available for free circulation to all citizens, institutions, and organizations under procedures adopted by the State Librarian except that the State Librarian may restrict rare or reference-type materials to one location. The Department shall arrange, classify, and catalog all materials in its custody and provide for their safekeeping and shall rebind books as needed. The Department shall provide service to other libraries in the State, schools, and individuals and may provide service by mail or book wagon or otherwise.

  (5) A service of advice and consultation to all libraries in the State, in order to assist them in realizing their potential. This service shall be provided at a regional level as well as at the State level. The Department may provide centralized cataloging and other related technical services to libraries in the State to the extent feasible.

  (6) All libraries in State correctional institutions and all State institutions for the treatment of persons with a mental condition or psychiatric disability and persons with an intellectual disability.

  (7) Reading materials for persons who are blind and persons with a physical disability. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1971, No. 162 (Adj. Sess.), § 1; 2013, No. 96 (Adj. Sess.), § 140; 2021, No. 53, § 5; 2023, No. 85 (Adj. Sess.), § 246, eff. July 1, 2024.)

• § 606. Other duties and functions

  The Department, in addition to the functions specified in section 605 of this title:

  (1) Shall administer any grants-in-aid to libraries that may be available from State funds, and may prepare plans and applications to obtain federal aid monies that may be available.

  (2) Shall provide consultative services to other libraries in the State, and shall encourage formation of central records of library holdings.

  (3) Shall promote improved communications among libraries in the State as well as cooperative use of facilities.

  (4) May provide facilities in cooperation with other libraries for storage of little-used materials.

  [Subdivision (5) effective until January 1, 2025; see also subdivision (5) effective January 1, 2025 set out below.]

  (5) May conduct seminars, workshops, and other programs to increase the professional competence of librarians in the State.

  [Subdivision (5) effective January 1, 2025; see also subdivision (5) effective until January 1, 2025 set out above.]

  (5) Shall provide a continuing education program for a Certificate in Public Librarianship. The Department shall conduct seminars, workshops, and other programs to increase the professional competence of librarians in the State.

  (6) May receive and administer gifts of real and personal property accepted by the Governor on behalf of the State under 29 V.S.A. § 101.

  (7) May dispose of by sale or exchange, or may discard, material that is obsolete or has ceased to be useful, because of its physical condition or otherwise. Any proceeds from the sale or disposition of materials shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department for the purchase of library materials.

  [Subdivision (8) effective until January 1, 2025; see also subdivision (8) effective January 1, 2025 set out below.]

  (8) Shall be the primary access point for State information, and provide advice on State information technology policy.

  [Subdivision (8) effective January 1, 2025; see also subdivision (8) effective until January 1, 2025 set out above.]

  (8) Shall provide advice on State information technology policy.

  [Subdivisions (9) through (11) effective January 1, 2025.]

  (9) May develop and adopt model policies for free public libraries concerning displays, meeting room use, patron behavior, internet use, library materials selection, and other relevant topics, as well as procedures for the reconsideration and retention of library materials, to ensure compliance with the First Amendment to the U.S. Constitution, the Civil Rights Act of 1964, and Vermont laws prohibiting discrimination in places of public accommodation.

  (10) Shall adopt a material selection policy and procedures for reconsideration and retention that reflect Vermont’s diverse people and history, including diversity of race, ethnicity, sex, gender identity, sexual orientation, disability status, religion, and political beliefs.

  (11) May develop best practices and guidelines for public libraries and library service levels. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), §§ 4(a), 11, eff. May 6, 1996; 1997, No. 59, § 15, eff. June 30, 1997; 2009, No. 33, § 44; 2009, No. 91 (Adj. Sess.), § 10, eff. May 6, 2010; 2023, No. 150 (Adj. Sess.), § 7, eff. January 1, 2025.)

• § 607. Actions to recover books

  The Attorney General, at the request of the State Librarian, shall institute appropriate legal proceedings in the name of the State for the recovery of books or materials of the Department unlawfully taken or withheld by others. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.)

• § 608. Audio-Visual Revolving Fund

  There is established within the Department of Libraries a revolving fund for the audio-visual services unit to cover expenses of distribution of audio-visual materials. Receipts to the fund shall be from postage or delivery charges assessed by the Department to users of materials from this unit. (Added 1981, No. 108, § 323.)

• § 609. Repealed. 2011, No. 33, § 13(2).

• § 610. Nonprofit foundation for public library services

  The State Librarian is authorized to establish a nonprofit foundation for the purpose of raising funds from private sources to enhance public library services in Vermont. All funds from private sources shall be used for grants to Vermont public libraries as defined by section 101 of this title to further any purpose considered to be in harmony with the original purpose of the gift. The State Librarian shall not spend more than $5,000.00 of appropriated funds in any one fiscal year to establish and to administer the nonprofit foundation. No funds raised from private sources shall be used by the State Librarian to replace funds appropriated for the operation of the Department of Libraries. (Added 1999, No. 152 (Adj. Sess.), § 30a; amended 2009, No. 33, § 45.)

• § 611. Acts and Resolves; Vermont Statutes Annotated; distribution

  (a) The State Librarian shall deliver the Acts and Resolves as follows: to the Secretary of State, six copies; to the Clerk of the U.S. Supreme Court for the use of the Court, one copy; to the Governor’s Office and to the Governor and Lieutenant Governor, one copy each; to the Library of Congress, four copies; and upon request to other public officials and offices as quantities allow.

  (b) The State Librarian shall distribute the copies of Vermont Statutes Annotated and any cumulative pocket part supplements, when issued, as follows:

  (1) one each to the Governor, Lieutenant Governor, Speaker of the House of Representatives, the State Treasurer, Secretary of State, Auditor of Accounts, Adjutant General, Commissioner of Buildings and General Services, Commissioner of Taxes, Sergeant at Arms, and the head of each administrative department;

  (2) four copies to the Attorney General; and

  (3) upon request to each of the following:

  (A) one to each town clerk;

  (B) three to each county clerk;

  (C) one to each Probate judge;

  (D) two to the Clerk of the Supreme Court;

  (E) one to each ex-Justice and Justice of the Supreme Court, Superior judge, and State’s Attorney;

  (F) two to the judge of the Second Circuit U.S. Court of Appeals from Vermont; and

  (G) four to the U.S. district judges for the District of Vermont.

  (c) Upon request, the State Librarian shall give:

  (1) one copy of the Vermont Statutes Annotated and any cumulative pocket part supplements to a bar association, university, college, or public library that is located in Vermont; or

  (2) one copy of the Acts and Resolves or the Vermont Statutes Annotated and any cumulative pocket part supplements to a member of the General Assembly.

  (d) Additional copies may be sold to parties identified in this section at a price to be fixed by the State Librarian, provided that the sale is permitted by the publishing contract. (Added 2021, No. 53, § 6.)

• Subchapter 002: AID TO LOCAL LIBRARIES

• § 631. General provisions

  On application by the Board of Trustees of a public library in a town, city, or incorporated village not having a free public library owned and controlled by such town, city, or village, the State Librarian may expend $100.00 of the monies annually available for the purposes of this chapter, for books for such town, city, or village, and shall select and purchase books for the purpose of establishing a free public library in that town, city, or village. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)

• § 632. Requirements

  A town, city, or incorporated village shall not be entitled to the benefits of section 631 of this subchapter unless the following conditions are met:

  (1) the town, city, or village has elected a Board of Library Trustees as provided in chapter 3 of this title;

  (2) the town, city, or village has voted to instruct its Trustees to apply to the State Librarian for the benefits set forth in section 631 of this subchapter; and

  (3) the Trustees have provided, in a manner satisfactory to the Board of Libraries, for the care, custody, and distribution of the books furnished under this subchapter. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996; 2023, No. 85 (Adj. Sess.), § 247, eff. July 1, 2024.)

• § 633. Appropriation by municipality

  A town, city, or incorporated village voting to instruct its Board of Library Trustees to make application to the State Librarian under section 631 of this title shall annually appropriate for the maintenance of its free public library a sum not less than $50.00, if its grand list is $10,000.00 or over, or a sum not less than $25.00, if its grand list is less than $10,000.00 and not less than $2,500.00, or a sum not less than $15.00 if its grand list is less than $2,500.00. The selectboard of such town or the trustees of such village shall annually, in the month of September, draw an order on the treasurer of the town or village, payable to such trustees, for the amount of such appropriation, without the town, city, or village having voted such appropriation. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.)

• § 634. Aid to free public libraries

  The State Librarian may assist free public or other nonprofit libraries that formulate and implement plans for the systematic and effective coordination of libraries and library services. Grants may be made in accordance with standards of the service, consistent with 20 U.S.C. chapter 72, subchapter II. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995, No. 148 (Adj. Sess.), § 15, eff. May 6, 1996; 2023, No. 85 (Adj. Sess.), § 248, eff. July 1, 2024.)

• § 635. Requirements

  If the Board of Trustees of a free public library, any part of whose books has been paid for with State funds, fails to provide for the safety and public usefulness of such books or fails to pay the annual appropriation in accordance with section 633 of this title, the State Librarian shall notify in writing the trustees of such library as to the requirements of the State Librarian in respect to such books. If such trustees neglect to comply with such requirements for 60 days after the serving of such notice, such books shall thereafter be under the full control of the State Librarian. (Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.)