Title 20, Chapter 5, Section 61
( 20-5-61)
The Interstate Library Compact is enacted into law and entered into
with all other jurisdictions legally joining therein in the form
substantially as follows: "INTERSTATE LIBRARY COMPACT
Article I. Policy and Purpose. 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 which 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. Article II. Definitions. 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 which
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. Article III. Interstate Library Districts. (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 which pursuant hereto remain
applicable, such 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 therefor. Any
private library agency or agencies within an interstate library
district may cooperate therewith, assume duties, responsibilities
and obligations thereto, and receive benefits therefrom 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, such district shall have power to do
any one or more of the following in accordance with such library
agreement: 1. Undertake, administer and participate in programs or
arrangements for securing, lending or servicing of books and other
publications, and other materials suitable to be kept or made
available by libraries, library equipment or for the dissemination
of information about libraries, the value and significance of
particular items therein, and the use thereof. 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 or the
United States or any subdivision or agency thereof, 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 such 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 therein as may be appropriate to the
rendering of library service. 7. Construct, maintain and operate a library, including any
appropriate branches thereof. 8. Do such other things as may be incidental to or appropriate for
the carrying out of any of the foregoing powers. Article IV. Interstate Library Districts, Governing Board. (a) An interstate library district which establishes, maintains or
operates any facilities or services in its own right shall have a
governing board which 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 which shall be organized and
conduct its business in accordance with provisions therefor in 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
such manner as the library agreement may provide.
Article V. State Library Agency Cooperation. 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 which, by reason of expense, rarity, specialized nature,
or infrequency of demand therefor 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 of this compact for interstate library agreements. Article VI. Library Agreements. (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 which 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 such 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 of this compact. Article VII. Approval of Library Agreements. (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 thereto is situated, who shall determine
whether the agreement is in proper form and compatible with the laws
of his state. The attorneys general shall approve any agreement
submitted to them unless they shall find that it does not meet the
conditions set forth herein 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
hereunder within ninety days of its submission shall constitute
approval thereof. (b) In the event that a library agreement made pursuant to this
compact shall deal in whole or in part with the provision 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 such
power of control and shall be approved or disapproved by him or it
as to all matters within his or its 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. Article VIII. Other Laws Applicable. 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 such trust. Article IX. Appropriations and Aid. (a) Any public library agency party to a library agreement may
appropriate funds to the interstate library district established
thereby 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 such 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 such district
is situated, an interstate library district may claim and receive
any state and federal aid which may be available to library
agencies. Article X. Compact Administrator. Each state shall designate a compact administrator with whom copies
of all library agreements to which his state or any public library
agency thereof is party shall be filed. The administrator shall have
such other powers as may be conferred upon him by the laws of his
state and may consult and cooperate with the compact administrators
of other party states and take such steps as may effectuate the
purposes of this compact. If the laws of a party state so provide,
such state may designate one or more deputy compact administrators
in addition to its compact administrator. Article XI. Entry Into Force and Withdrawal. (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
thereof by such state.
(b) This compact shall continue in force with respect to a party
state and remain binding upon such state until six months after such
state has given notice to each other party state of the repeal
thereof. Such 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 therein. Article XII. Construction and Severability. This compact shall be liberally construed so as to effectuate the
purposes thereof. 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 thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution
of any state party thereto, the compact shall remain in full force
and effect as to the remaining states and 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." |