The Vermont Statutes Online

Title 22: Libraries, History, and Information Technology

Chapter 003: Public Libraries

• Subchapter 005: TRAVELING LIBRARIES

• §§ 221, 222. Repealed. 1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

• Subchapter 001: FREE PUBLIC LIBRARY SERVICE

• §§ 61-66. Repealed. 1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

• § 67. Public libraries; statement of policy; use of facilities and resources

  (a) The General Assembly declares it to be the policy of the State of Vermont that free public libraries are essential to the general enlightenment of citizens in a democracy and that every citizen of the State of Vermont should have access to the educational, cultural, recreational, informational, and research benefits of a free public library.

  (b) The trustees, managers, or directors of a public library may use library resources as a community center. Community centers may serve as forums and exhibition areas for the exchange of ideas that encourage the growth of artistic, educational, literary, and scientific knowledge as well as the intercultural understanding of the Vermont citizenry. Public libraries may cooperate with community groups to provide these services.

  (c) To ensure that Vermont libraries protect and promote the principles of free speech, inquiry, discovery, and public accommodation, it is necessary that the trustees, managers, or directors of free public libraries adopt policies that comply with the First Amendment to the U.S. Constitution and State and federal civil rights and antidiscrimination laws. (Added 1997, No. 73 (Adj. Sess.), § 1; amended 2023, No. 150 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 68. Statutory purposes

  The statutory purpose of the exemption for libraries in section 109 of this title is to aid libraries in offering free and public access to information and research resources. (Added 2013, No. 200 (Adj. Sess.), § 12.)

• § 69. Public libraries; selection and reconsideration of library materials [Effective July 1, 2025]

  A public library shall adopt a library material selection policy and procedures for the reconsideration and retention of library materials that complies with the First Amendment to the U.S. Constitution, the Civil Rights Act of 1964, State laws prohibiting discrimination in places of public accommodation, and that reflect Vermont’s diverse people and history, including diversity of race, ethnicity, sex, gender identity, sexual orientation, disability status, religion, and political beliefs. A public library may adopt as its policy a model policy adopted by the Department of Libraries pursuant to section 606 of this title. (Added 2023, No. 150 (Adj. Sess.), § 2, eff. July 1, 2025.)

• Subchapter 002: INCORPORATION OF LIBRARIES

• § 101. Definitions

  As used in this chapter,

  (1) “Municipality” means a town, city, or incorporated village only and shall not include school districts, incorporated school or fire districts, or any other governmental incorporated units.

  (2) “Public library” means any library established and maintained by a municipality or by a private association, corporation, or group to provide basic library services free of charge to all residents of a municipality or a community and that receives its annual financial support in whole or in part from public funds. (Amended 1989, No. 28, § 4.)

• § 102. General authority; procedure

  (a) Trustees to whom real or personal property is devised, bequeathed, granted, conveyed, or donated for the foundation and establishment of a public library, may, unless otherwise provided by the devisor, grantor, or donor of the property, in order to promote the establishment, maintenance, and management of the library, form a corporation under the provisions of this section and section 103 of this title.

  (b) The trustees may make, sign and acknowledge, and file in the office of the Secretary of State a statement in writing setting forth the intent of the trustees to form a corporation, a copy of the will or instrument by which the endowment of the library is provided, the name adopted for the corporation, which shall not be the name of a corporation already existing, and the name of the municipality in which the library and the principal place of business of the corporation will be located, the managers who may be designated trustees, managers, or directors of the corporation, and the names of the trustees, managers, or directors who are to constitute the original board and who shall hold office until their successors are elected and qualified as provided in section 106 of this title.

  (c) The Secretary of State shall, upon receipt of the statement, issue to the incorporators, under seal, a certificate of which the statement shall be a part, declaring that the organization of the corporation is perfected. The incorporators shall record the certificate in the office of the county clerk of the county in which the library is to be located. Upon recording of the certificate, the corporation shall be deemed fully organized and may proceed to carry out its corporate purposes and receive by conveyance from the trustees the property provided for the endowment of the library. The corporation may hold the property in whatever form it was received or conveyed by the trustees, until that form is changed by action of the corporation. (Amended 1989, No. 28, § 5; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 103. Powers generally

  An organization formed under the provisions of section 102 of this title shall be a body corporate and politic to be known by the name stated in its certificate. It shall have and possess the ordinary rights and incidents of a corporation, and shall be capable of taking, holding, and disposing of real and personal estate for the purposes of its organization. The provisions of a will, deed, or other instrument by which an endowment of a library is provided, and accepted by the trustees, managers, or directors shall, as to the endowment, be a part of the organic and fundamental law of the corporation. (Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 104. Public libraries; trustees, managers, or directors

  The trustees, managers, or directors of the corporation shall compose its members and shall not be more than 15 nor less than five in number. (Amended 1999, No. 148 (Adj. Sess.), § 79, eff. May 24, 2000; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 105. General powers

  (a) The trustees, managers, or directors shall:

  (1) elect the officers of the corporation from their number and have the control and management of the affairs, finances, and property of the corporation;

  (2) adopt bylaws and policies governing the operation of the library;

  (3) establish a library budget;

  (4) hold regular meetings; and

  (5) ensure compliance with the terms of any funding, grants, or bequests.

  (b) The Trustees, managers, or directors may:

  (1) accept donations and, in their discretion, hold the donations in the form in which they are given for the purposes of science, literature, and art germane to the objects and purposes of the corporation ; and

  (2) in their discretion, receive by loan books, manuscripts, works of art, and other library materials and hold or circulate them under the conditions specified by the owners. (Amended 1989, No. 28, § 6; 2023, No. 150 (Adj. Sess.), § 5, eff. July 1, 2024.)

• § 106. Vacancies

  (a) The trustees, managers, or directors may fill by election vacancies occurring in their number.

  (b) When a trustee, manager, or director is elected to fill a vacancy, a certificate under the seal of the corporation, giving the name of the person elected, shall be recorded in the office of the county clerk where the articles of incorporation are recorded. (Amended 1963, No. 16, eff. March 20, 1963; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 107. Bylaws

  The trustees, managers, or directors may make bylaws for the management of the corporation and library. The bylaws shall set forth the officers of the corporation and define and prescribe their respective duties. (Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 108. Employment of agents and employees

  The trustees, managers, or directors may appoint and employ from time to time agents and employees as they may deem necessary for the efficient administration and conduct of the library and all the affairs of the corporation. (Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 109. Exemption from taxation

  When the instrument providing the endowment declares that the institution shall be a free public library, the library and other property of the corporation shall be forever exempt from taxation. (Amended 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 110. Merger

  Two or more library corporations in the same municipality or in different municipalities may, by a majority vote of the members of all the corporations, at meetings warned for that purpose, unite and assume the corporate name of any one of the corporations. The plan of incorporation shall contain articles necessary to carry out the provisions of this chapter. (Amended 1989, No. 28, § 7; 2023, No. 85 (Adj. Sess.), § 243, eff. July 1, 2024.)

• § 111. Protection of library property; penalties

  (a) A library may recover in a civil action damages for detained or damaged library property, together with costs and reasonable attorney’s fees.

  (b) A person who willfully damages, defaces, or removes without authorization any recording, book, or object available for public use or loan from a library or repository of public records or documents or who detains any library property for more than 30 days after a written notice to return the property has been mailed shall be fined not more than $ 500.00 for each offense. Each piece of library property shall be a single offense. (Added 1989, No. 28, § 8.)

• Subchapter 003: MUNICIPAL LIBRARIES

• § 141. Establishment and maintenance

  (a) A municipality may establish and maintain for the use of its residents public libraries.

  (b) A municipality may provide library services to the residents of other municipalities, upon terms to be agreed upon, and may annually contract with a library or library corporation to furnish library materials to its residents free of charge and may appropriate money for that purpose and may annually appropriate money for the maintenance, care, increase, and support of a library held in trust for the residents of the municipality. (Amended 1989, No. 28, § 10.)

• § 142. Appropriations

  A municipality establishing and maintaining a library or contracting for library services may appropriate money as necessary for suitable facilities and for the foundation of a public library and shall appropriate money annually for the maintenance, care, and increase of the library in an amount voted at its annual meeting. (Amended 1989, No. 28, § 11.)

• § 143. Trustees

  (a) Unless a municipality that has established or shall establish a public library votes at its annual meeting to elect a board of trustees, the governing body of the municipality shall appoint the trustees. The appointment or election of the trustees shall continue in effect until changed at an annual meeting of the municipality. When trustees are first chosen, they shall be elected or appointed for staggered terms.

  (b) The board shall consist of not fewer than five trustees who shall have full power to:

  (1) manage the public library and any property that shall come into the hands of the municipality by gift, purchase, devise, or bequest for the use and benefit of the library;

  (2) adopt bylaws and policies governing the operation of the library;

  (3) elect officers;

  (4) establish a library budget for consideration by the legislative body of the municipality for inclusion in the municipality’s budget;

  (5) hold regular meetings; and

  (6) ensure compliance with the terms of any funding, grants, or bequests.

  (c) The board may appoint a director for the efficient administration and conduct of the library. A library director shall be under the supervision and control of the library board of trustees, unless the employee relationship is otherwise specified in the municipality’s charter or by written agreement between the legislative body of the municipality and the trustees. (Amended 1989, No. 28, § 12; 2023, No. 150 (Adj. Sess.), § 6, eff. July 1, 2024.)

• § 144. Annual report

  The trustees shall annually make a report to the annual meeting of the municipality of the condition of the library and of the management and expenditure of monies as have come into their hands. (Amended 1989, No. 28, § 13.)

• § 145. When no trustee elected or appointed

  When no trustees have been elected or appointed, monies raised for a library shall be paid out by an agent to be appointed by the governing body of the municipality until trustees are elected or appointed pursuant to section 143 of this title. (Amended 1989, No. 28, § 14.)

• § 146. Public documents and volumes

  (a) The governing body of the municipality may vote to place in the library a copy of any documents and volumes received by the municipality and also a copy of any documents and volumes received from the State, except library materials provided by law to be kept in the office of the town clerk, as it shall designate. These materials shall remain the property of the municipality, but their use shall be enjoyed by the library until the governing body votes otherwise.

  (b) The State Librarian shall deliver to a public library that has been voted the use of documents owned by the municipality, the duplicate documents and volumes published or provided by the State that, in the judgment of the Board of Libraries, can be delivered without prejudice to the Department of Libraries. The documents and volumes shall remain the property of the State, but the library shall use them until the State Librarian is directed by law to demand their return to the Department of Libraries.

  (c) When a public library exists in a municipality and is not established by it, the municipality may, at an annual meeting, by a two-thirds vote, make the provisions of subsection (a) of this section apply to the library; and, in case of such vote, the provisions of subsection (b) of this section shall apply to the library the same as if it were established and maintained by the municipality. (Amended 1989, No. 28, § 15.)

• Subchapter 004: STATE AID

• §§ 181-185. Repealed. 1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.