42.1-75 - Compact entered into and enacted into law.
§ 42.1-75. Compact entered into and enacted into law.
The Interstate Library Compact is enacted into law and entered into by thisState in the form substantially as follows:
The contracting states solemnly agree: Article I Policy and Purpose
Because the desire for the services provided by libraries transcendsgovernmental boundaries and can most effectively be satisfied by giving suchservices to communities and people regardless of jurisdictional lines, it isthe policy of the states party to this compact to cooperate and share theirresponsibilities; to authorize cooperation and sharing with respect to thosetypes of library facilities and services which can be more economically orefficiently developed and maintained on a cooperative basis, and to authorizecooperation and sharing among localities, states and others in providingjoint or cooperative library services in areas where the distribution ofpopulation 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 local or Stategovernment operating or having power to operate a library.
(b) "Private library agency" means any nongovernmental entity whichoperates or assumes a legal obligation to operate a library.
(c) "Library agreement" means a contract establishing an interstate librarydistrict pursuant to this compact or providing for the joint or cooperativefurnishing of library services. Article III Interstate Library Districts
(a) Any one or more public library agencies in a party state in cooperationwith any public library agency or agencies in one or more other party statesmay establish and maintain an interstate library district. Subject to theprovisions 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 agency 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 by a libraryagreement, the performance of library functions may be undertaken on a jointor 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 oroperation of library facilities or services by an interstate librarydistrict, 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 or arrangements forsecuring, lending or servicing of books and other publications, any othermaterials suitable to be kept or made available by libraries, libraryequipment or for the dissemination of information about libraries, the valueand 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 anysubdivision 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 renderingbookmobile service within the district.
4. Employ professional, technical, clerical and other personnel and fix termsof employment, compensation and other appropriate benefits; and wheredesirable, 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 anyinterest or interests therein as may be appropriate to the rendering oflibrary service.
7. Construct, maintain and operate a library, including any appropriatebranches thereof.
8. Do such other things as may be incidental to or appropriate for thecarrying out of any of the foregoing powers. Article IV Interstate Library Districts, Governing Board
(a) An interstate library district which establishes, maintains or operatesany facilities or services in its own right shall have a governing boardwhich shall direct the affairs of the district and act for it in all mattersrelating to its business. Each participating public library agency in thedistrict shall be represented on the governing board which shall be organizedand conduct its business in accordance with provision therefor in the libraryagreement. But in no event shall a governing board meet less often than twicea year.
(b) Any private library agency or agencies party to a library agreementestablishing an interstate library district may be represented on or advisewith 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 the party states mayundertake and conduct joint or cooperative library programs, render joint orcooperative library services, and enter into and perform arrangements for thecooperative or joint acquisition, use, housing and disposition of items orcollections of materials which, by reason of expense, rarity, specializednature, or infrequency of demand therefor would be appropriate for centralcollection and shared use. Any such programs, services or arrangements mayinclude provision for the exercise on a cooperative or joint basis of anypower exercisable by an interstate library district and an agreementembodying any such program, service or arrangement shall contain provisionscovering the subjects detailed in Article VI of this compact for interstatelibrary agreements. Article VI Library Agreements
(a) In order to provide for any joint or cooperative undertaking pursuant tothis compact, public and private library agencies may enter into libraryagreements. Any agreement executed pursuant to the provisions of this compactshall, 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 theparties.
4. Set forth the terms and conditions for duration, renewal, termination,abrogation, disposal of joint or common property, if any, and all othermatters which may be appropriate to the proper effectuation and performanceof 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 anypower prohibited to such agency by the constitution or statutes of its state.
(c) No library agreement shall become effective until filed with the compactadministrator of each state involved, and approved in accordance with ArticleVII of this compact. Article VII Approval of Library Agreements
(a) Every library agreement made pursuant to this compact shall, prior to andas a condition precedent to its entry into force, be submitted to theattorney general of each state in which a public library agency party theretois situated, who shall determine whether the agreement is in proper form andcompatible with the laws of his state. The attorneys general shall approveany agreement submitted to them unless they shall find that it does not meetthe conditions set forth herein and shall detail in writing addressed to thegoverning bodies of the public library agencies concerned the specificrespects in which the proposed agreement fails to meet the requirements oflaw. Failure to disapprove an agreement submitted hereunder within ninetydays of its submission shall constitute approval thereof.
(b) In the event that a library agreement made pursuant to this compact shalldeal in whole or in part with the provision of services or facilities withregard to which an officer or agency of the state government hasconstitutional or statutory powers of control, the agreement shall, as acondition precedent to its entry into force, be submitted to the stateofficer or agency having such power of control, and shall be approved ordisapproved by him or it as to all matters within his 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 and approval by theattorneys general. Article VIII Other Laws Applicable
Nothing in this compact or in any library agreement shall be construed tosupersede, alter or otherwise impair any obligation imposed on any library byotherwise applicable law, nor to authorize the transfer or disposition of anyproperty held in trust by a library agency in a manner contrary to the termsof such trust. Article IX Appropriations and Aid
(a) Any public library agency party to a library agreement may appropriatefunds to the interstate library district established thereby in the samemanner 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 issituated, may pledge its credit in support of an interstate library districtestablished by the agreement.
(b) Subject to the provisions of the library agreement pursuant to which itfunctions and the laws of the states in which such district is situated, aninterstate library district may claim and receive any state and federal aidwhich may be available to library agencies. Article X Compact Administrator
Each state shall designate a compact administrator with whom copies of alllibrary agreements to which his state or any public library agency thereof isparty shall be filed. The administrator shall have such other powers as maybe conferred upon him by the laws of his state and may consult and cooperatewith the compact administrators of other party states and take such steps asmay effectuate the purposes of this compact. If the laws of a party state soprovide, such state may designate one or more deputy compact administratorsin addition to its compact administrator. Article XI Entry Into Force and Withdrawal
(a) This compact shall enter into force and effect immediately upon itsenactment into law by any two states. Thereafter, it shall enter into forceand 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 andremain binding upon such state until six months after such state has givennotice to each other party state of the repeal thereof. Such withdrawal shallnot be construed to relieve any party to a library agreement entered intopursuant to this compact from any obligation of that agreement prior to theend of its duration as provided therein. Article XII Construction and Severability
This compact shall be liberally construed so as to effectuate the purposesthereof. The provisions of this compact shall be severable and if any phrase,clause, sentence or provision of this compact is declared to be contrary tothe constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state party thereto, the compact shall remain in fullforce and effect as to the remaining states and in full force and effect asto the state affected as to all severable matters.
(1970, c. 267.)