The Vermont Statutes Online

Title 22: Libraries, History, and Information Technology

Chapter 002: Interstate Library Compact

• Subchapter 001: COMPACT

• § 21. Policy and purpose—Article I

  Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services that can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service. (Added 1963, No. 119, § 2, eff. May 28, 1963.)

• § 22. Definitions—Article II

  As used in this compact:

  (a) “Public library agency” means any unit or agency of local or state government operating or having power to operate a library.

  (b) “Private library agency” means any nongovernmental entity that operates or assumes a legal obligation to operate a library.

  (c) “Library agreement” means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services. (Added 1963, No. 119, § 2, eff. May 28, 1963.)

• § 23. Interstate library districts—Article III

  (a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states that pursuant to this compact remain applicable, the district may establish, maintain, and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement. Any private library agency or agencies within an interstate library district may cooperate with; assume duties, responsibilities and obligations of; and receive benefits from the district as provided in any library agreement to which such agency or agencies become party.

  (b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

  (c) If a library agreement provides for joint establishment, maintenance, or operation of library facilities or services by an interstate library district, the district shall have power to do any one or more of the following in accordance with the library agreement:

  (1) Undertake, administer, and participate in programs or arrangements for securing, lending, or servicing of books and other publications; any other materials suitable to be kept or made available by libraries; library equipment; or the dissemination of information about libraries, the value and significance of particular items in libraries, and the use of items.

  (2) Accept for any of its purposes under this compact any and all donations and grants of money, equipment, supplies, materials, and services (conditional or otherwise), from any state of the United States or any subdivision or agency of a state, or interstate agency, or from any institution, person, firm, or corporation, and receive, utilize, and dispose of the same.

  (3) Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.

  (4) Employ professional, technical, clerical, and other personnel and fix terms of employment, compensation, and other appropriate benefits; and, where desirable, provide for the in-service training of the personnel.

  (5) Sue and be sued in any court of competent jurisdiction.

  (6) Acquire, hold, and dispose of any real or personal property or any interest or interests in property as may be appropriate to the rendering of library service.

  (7) Construct, maintain, and operate a library, including any appropriate branches of a library.

  (8) Do such other things as may be incidental to or appropriate for the carrying out of any of the powers enumerated in this subsection. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 24. Interstate library districts; governing board—Article IV

  (a) An interstate library district that establishes, maintains, or operates any facilities or services in its own right shall have a governing board that shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board that shall be organized and conduct its business in accordance with the library agreement. But in no event shall a governing board meet less often than twice a year.

  (b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in any manner as the library agreement may provide. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 25. State library agency cooperation—Article V

  Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing, and disposition of items or collections of materials that, by reason of expense, rarity, specialized nature, or infrequency of demand would be appropriate for central collection and shared use. Any such programs, services, or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service, or arrangement shall contain provisions covering the subjects detailed in Article VI [section 26 of this title] of this compact for interstate library agreements. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 26. Library agreements—Article VI

  (a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

  (1) Detail the specific nature of the services, programs, facilities, arrangements, or properties to which it is applicable.

  (2) Provide for the allocation of costs and other financial responsibilities.

  (3) Specify the respective rights, duties, obligations, and liabilities of the parties.

  (4) Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters that may be appropriate to the proper effectuation and performance of the agreement.

  (b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to the agency by the constitution or statutes of its state.

  (c) No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII [section 27 of this title] of this compact. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 27. Approval of library agreements—Article VII

  (a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party to the agreement is situated, who shall determine whether the agreement is in proper form and compatible with the laws of the state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth in this compact and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted pursuant to this section within 90 days of its submission shall constitute an approval of the agreement.

  (b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provisions of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having the power of control and shall be approved or disapproved by the officer or agency as to all matters within the officer or the agency’s jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 28. Other laws applicable—Article VIII

  Nothing in this compact or in any library agreement shall be construed to supersede, alter, or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of the trust. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 29. Appropriation and aid—Article IX

  (a) Any public agency party to a library agreement may appropriate funds to the interstate library district established by the agreement in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which the public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

  (b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which the district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 30. Compact administrator—Article X

  Each state shall designate a compact administrator with whom copies of all library agreements to which the state or any public library agency of the state is party shall be filed. The administrator shall have such other powers as may be conferred upon the administrator by the laws of the state and may consult and cooperate with the compact administrators of other party states and take the steps as may effectuate the purposes of this compact. If the laws of a party state so provide, the state may designate one or more deputy compact administrators in addition to its compact administrator. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 31. Entry into force and withdrawal—Article XI

  (a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment of the compact by that state.

  (b) This compact shall continue in force with respect to a party state and remain binding upon the state until six months after the state has given notice to each other party state of the repeal of the compact. The withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided in the agreement. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 32. Construction and severability—Article XII

  This compact shall be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (Added 1963, No. 119, § 2, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• Subchapter 002: PROVISIONS RELATING TO COMPACT

• § 41. Town participation restricted

  No town of this State may be a party to a library agreement that provides for the construction or maintenance of a library under Article III, subdivision (c-7) [section 23(c) (7). of this title] of the compact, nor pledge its credit in support of the library, or contribute to the capital financing of the library, except after compliance with any laws applicable to towns relating to or governing capital outlays and the pledging of credit. (Added 1963, No. 119, § 3, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 42. State library agency defined

  As used in the compact, “state library agency,” with reference to this State, means, the Department of Libraries and any department of State government providing library services. (Added 1963, No. 119, § 4, eff. May 28, 1963; amended 2023, No. 85 (Adj. Sess.), § 242, eff. July 1, 2024.)

• § 43. Compact administrator, appointment

  The Governor shall appoint an officer of this State who shall be the compact administrator under Article X [section 30 of this title] of this compact. (Added 1963, No. 119, § 5, eff. May 28, 1963.)

• § 44. Withdrawal, notices

  In the event of withdrawal from the compact, the Governor shall send and receive any notices required by Article XI(b) [subsection 31(b) of this title] of the compact. (Added 1963, No. 119, § 6, eff. May 28, 1963.)