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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.)
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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.)