§ 29-5-1 - Compact.
SECTION 29-5-1
§ 29-5-1 Compact. – The Interstate Library Compact is hereby enacted into law and entered into bythis state with all states legally joining therein in the form substantially asfollows:
INTERSTATE LIBRARY COMPACT
ARTICLE I. Policy and Purpose
Because the desire for the services provided by librariestranscends governmental boundaries and can most effectively be satisfied bygiving such services to communities and people regardless of jurisdictionallines, it is the policy of the states party to this compact to cooperate andshare their responsibilities; to authorize cooperation and sharing with respectto those types of library facilities and services which can be moreeconomically or efficiently developed and maintained on a cooperative basis,and to authorize cooperation and sharing among localities, states and others inproviding joint or cooperative library services in areas where the distributionof population or of existing and potential library resources make the provisionof library service on an interstate basis the most effective way of providingadequate and efficient service.
ARTICLE II. Definitions
As used in this compact:
(a) "Public library agency" means any unit or agency of localor state government operating or having power to operate a library.
(b) "Private library agency" means any non-governmentalentity which operates or assumes a legal obligation to operate a library.
(c) "Library agreement" means a contract establishing aninterstate library district pursuant to this compact or providing for the jointor cooperative furnishing of library services.
ARTICLE III. Interstate Library Districts
(a) Any one or more public library agencies in a party statein cooperation with any public library agency or agencies in one or more otherparty states may establish and maintain an interstate library district. Subjectto the provisions of this compact and any other laws of the party states whichpursuant hereto remain applicable, such district may establish, maintain andoperate some or all of the library facilities and services for the areaconcerned in accordance with the terms of a library agreement therefor. Anyprivate library agencies or agencies within an interstate library district maycooperate therewith, assume duties, responsibilities and obligations thereto,and receive benefits therefrom as provided in any library agreement to whichsuch agency or agencies become party.
(b) Within an interstate library district, and as provided bya library agreement, the performance of library functions may be undertaken ona joint or cooperative basis or may be undertaken by means of one or morearrangements between or among public or private library agencies for theextension of library privileges to the use of facilities or services operatedor 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 interstatelibrary district, such district shall have power to do any one or more of thefollowing in accordance with such library agreement:
1. Undertake, administer and participate in programs orarrangements for securing, lending or servicing of books and otherpublications, any other materials suitable to be kept or made available bylibraries, library equipment or for the dissemination of information aboutlibraries, the value and significance of particular items therein, and the usethereof.
2. Accept for any of its purposes under this compact any andall donations, and grants of money, equipment, supplies, materials, andservices, (conditional or otherwise), from any state or the United States orany subdivision or agency thereof, or interstate agency, or from anyinstitution, person, firm or corporation, and receive, utilize and dispose ofthe same.
3. Operate mobile library units or equipment for the purposeof rendering bookmobile service within the district.
4. Employ professional, technical, clerical and otherpersonnel and fix terms of employment, compensation and other appropriatebenefits; and where desirable, provide for the in-service training of suchpersonnel.
5. Sue and be sued in any court of competent jurisdiction.
6. Acquire, hold, and dispose of any real or personalproperty or any interest or interests therein as may be appropriate to therendering of library service.
7. Construct, maintain and operate a library, including anyappropriate branches thereof.
8. Do such other things as may be incidental to orappropriate for the carrying out of any of the foregoing powers.
ARTICLE IV. Interstate Library Districts, GoverningBoard
(a) An interstate library district which establishes,maintains or operates any facilities or services in its own right shall have agoverning board which shall direct the affairs of the district and act for itin all matters relating to its business. Each participating public libraryagency in the district shall be represented on the governing board which shallbe organized and conduct its business in accordance with provisions therefor inthe library agreement. But in no event shall a governing board meet less oftenthan twice a year.
(b) Any private library agency or agencies party to a libraryagreement establishing an interstate library district may be represented on oradvise with the governing board of the district in such manner as the libraryagreement may provide.
ARTICLE V. State Library Agency Cooperation
Any two or more state library agencies of two or more of theparty states may undertake and conduct joint or cooperative library programs,render joint or cooperative library services, and enter into and performarrangements for the cooperative or joint acquisition, use, housing anddisposition of items or collections of materials which, by reason of expense,rarity, specialized nature, or infrequency of demand therefor would beappropriate for central collection and shared use. Any such programs, servicesor arrangements may include provision for the exercise on a cooperative orjoint basis of any power exercisable by an interstate library district and anagreement embodying any such program, service or arrangement shall containprovisions covering the subjects detailed in article VI of this compact forinterstate library.
ARTICLE VI. Library Agreements
(a) In order to provide for any joint or cooperativeundertaking pursuant to this compact, public and private library agencies mayenter into library agreements. Any agreement executed pursuant to theprovisions 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 financialresponsibilities.
3. Specify the respective rights, duties, obligations andliabilities of the parties.
4. Set forth the terms and conditions for duration, renewal,termination, abrogation, disposal of joint or common property, if any, and allother matters which may be appropriate to the proper effectuation andperformance of the agreement.
(b) No public or private library agency shall undertake toexercise itself, or jointly with any other library agency, by means of alibrary agreement any power prohibited to such agency by the constitution orstatutes of its state.
(c) No library agreement shall become effective until filedwith the compact administrator of each state involved, and approved inaccordance with article VII of this compact.
ARTICLE VII. Approval of Library Agreements
(a) Every library agreement made pursuant to this compactshall, prior to and as a condition precedent to its entry into force, besubmitted to the attorney general of each state in which a public libraryagency party thereto is situated, who shall determine whether the agreement isin proper form and compatible with the laws of his or her state. The attorneysgeneral shall approve any agreement submitted to them unless they shall findthat it does not meet the conditions set forth herein and shall detail inwriting addressed to the governing bodies of the public library agenciesconcerned the specific respects in which the proposed agreement fails to meetthe requirements of law. Failure to disapprove an agreement submittedthereunder within ninety (90) days of its submission shall constitute approvalthereof.
(b) In the event that a library agreement made pursuant tothis compact shall deal in whole or in part with the provision of services orfacilities with regard to which an officer or agency of the state governmenthas constitutional or statutory powers of control, the agreement shall, as acondition precedent to its entry into force, be submitted to the state officeror agency having such power of control and shall be approved or disapproved byhim or her, or it as to all matters within his or her, or its jurisdiction inthe same manner and subject to the same requirements governing the action ofthe attorneys general pursuant to paragraph (a) of this article. Thisrequirement of submission and approval shall be in addition to and not insubstitution for the requirement of submission to an approval by the attorneysgeneral.
ARTICLE VIII. Other Laws Applicable
Nothing in this compact or in any library agreement shall beconstrued to supersede, alter or otherwise impair any obligation imposed on anylibrary by otherwise applicable law, nor to authorize the transfer ordisposition of any property held in trust by a library agency in a mannercontrary to the terms of such trust.
ARTICLE IX. Appropriations and Aid
(a) Any public library agency party to a library agreementmay appropriate funds to the interstate library district established thereby inthe same manner and to the same extent as to a library wholly maintained by itand, subject to the laws of the state in which such public library agency issituated, may pledge its credit in support of an interstate library districtestablished by the agreement.
(b) Subject to the provisions of the library agreementpursuant to which it functions and the laws of the states in which suchdistrict is situated, an interstate library district may claim and receive anystate and federal aid which may be available to library agencies.
ARTICLE X. Compact Administrator
Each state shall designate a compact administrator with whomcopies of all library agreements to which his or her state or any publiclibrary agency thereof is party shall be filed. The administrator shall havesuch other powers as may be conferred upon him by the laws of his state and mayconsult and cooperate with the compact administrators of other party states andtake such steps as may effectuate the purposes of this compact. If the laws ofa party state so provide, such state may designate one or more deputy compactadministrators in addition to its compact administrator.
ARTICLE XI. Entry into Force and Withdrawal
(a) This compact shall enter into force and effectimmediately upon its enactment into law by any two (2) states. Thereafter, itshall enter into force and effect as to any other state upon the enactmentthereof by such state.
(b) This compact shall continue in force with respect to aparty state and remain binding upon such state until six (6) months after suchstate has given notice to each other party state of the repeal thereof. Suchwithdrawal shall not be construed to relieve any party to a library agreemententered into pursuant to this compact from any obligation of that agreementprior to the end of its duration as provided therein.
ARTICLE XII. Construction and Severability
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate party thereto, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters.