Vermont Statutes - TITLE 22 - Libraries and History

Chapter 1. State Library

Chapter 2. Interstate Library Compact

Subchapter 1. Compact
21. Policy and purpose-Article I.
22. Definitions-Article II.
23. Interstate library districts-Article III.
24. Interstate library districts; governing board-Article IV.
25. State library agency cooperation-Article V.
26. Library agreements-Article VI.
27. Approval of library agreements-Article VII.
28. Other laws applicable-Article VIII.
29. Appropriation and aid-Article IX.
30. Compact administrator-Article X.
31. Entry into force and withdrawal-Article XI.
32. Construction and severability-Article XII.
Subchapter 2. Provisions Relating to Compact
41. Town participation restricted.
42. State library agency defined.
43. Compact administrator, appointment.
44. Withdrawal, notices.
Chapter 3. Public Libraries
Subchapter 1. Free Public Library Service
67. Public libraries; statement of policy; use of facilities and resources
Subchapter 2. Incorporation of Libraries
101. Definitions
102. General authority; procedure.
103. Powers generally.
104. Public libraries; trustees, managers or directors.
105. General powers.
106. -Vacancies.
107. -Bylaws.
108. -Employment of agents and employees.
109. Exemption from taxation.
110. Merger.
111. Protection of library property; penalties.
Subchapter 3. Municipal Libraries
141. Establishment and maintenance.
142. Appropriations.
143. Trustees.
144. Annual report.
145. When no trustee elected or appointed.
146. Public documents and volumes.
Subchapter 4. State Aid

Subchapter 5. Traveling Libraries

Chapter 13. Department of Libraries
Subchapter 1. General Provisions
601. Appointment of state librarian; powers and duties.
602. Board of libraries.
603. -Officers; meetings.
604. Books and materials.
605. Duties and functions of the department of libraries.
606. Other duties and functions.
607. Actions to recover books.
608. Audio-visual revolving fund.
609. Fees for library materials.
610. Nonprofit foundation for public library services.
Subchapter 2. Aid To Local Libraries
631. General provisions.
632. Requirements.
633. -Appropriation by municipality.
634. Aid to free public libraries.
635. -Requirements.


 

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CHAPTER 1. STATE LIBRARY

§§ 1-8.  Repealed.  1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.


CHAPTER 2. INTERSTATE LIBRARY COMPACT

SUBCHAPTER 1. COMPACT

§ 21. Policy and purpose-Article I.

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.

1963, No. 119, § 2, eff. May 28, 1963.
 


§ 22. Definitions-Article II.

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.

1963, No. 119, § 2, eff. May 28, 1963.


§ 23. Interstate library districts-Article III.

(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, any 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 of 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.

Do such other things as may be incidental to or appropriate for the carrying
out of any of the foregoing powers.

1963, No. 119, § 2, eff. May 28, 1963.


§ 24. Interstate library districts; governing board-Article IV.

(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 provision 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.

1963, No. 119, § 2, eff. May 28, 1963.


§ 25. State library agency cooperation-Article V.

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 [section 26 of this title] of
this compact for interstate library agreements.

1963, No. 119, § 2, eff. May 28, 1963.


§ 26. Library agreements-Article VI.

(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 [section 27 of this title] of this compact.

1963, No. 119, § 2, eff. May 28, 1963.


§ 27. Approval of library agreements-Article VII.

(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 90 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 provisions 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.

1963, No. 119, § 2, eff. May 28, 1963.


§ 28. Other laws applicable-Article VIII.

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.

1963, No. 119, § 2, eff. May 28, 1963.


§ 29. Appropriation and aid-Article IX.

(a)  Any public 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.

1963, No. 119, § 2, eff. May 28, 1963.


§ 30. Compact administrator-Article X.

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.

1963, No. 119, § 2, eff. May 28, 1963.


§ 31. Entry into force and withdrawal-Article XI.

(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.

1963, No. 119, § 2, eff. May 28, 1963.


§ 32. Construction and severability-Article XII.

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 state affected as to all severable matters.

1963, No. 119, § 2, eff. May 28, 1963.

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Subchapter 2. Provisions Relating to Compact


§ 41. Town participation restricted.

No town of this state may be a party to a library agreement which provides
for the construction or maintenance of a library under article III,
subdivision (c-7) [section 23(c)7 of this title] of the compact, nor pledge
its credit in support of such a library, or contribute to the capital
financing thereof, except after compliance with any laws applicable to towns
relating to or governing capital outlays and the pledging of credit.

1963, No. 119, § 3, eff. May 28, 1963.


§ 42. State library agency defined.

As used in the compact, "state library agency" with reference to this state,
means, the department of libraries and any department of state government
providing library services.

1963, No. 119, § 4, eff. May 28, 1963.


§ 43. Compact administrator, appointment.

The governor shall appoint an officer of this state who shall be the compact
administrator under article X [section 30 of this title] of this compact.

1963, No. 119, § 5, eff. May 28, 1963.


§ 44. Withdrawal, notices.

In the event of withdrawal from the compact the governor shall send and
receive any notices required by article XI(b) [section 31(b) of this title]
of the compact.

1963, No. 119, § 6, eff. May 28, 1963.


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CHAPTER 3. PUBLIC LIBRARIES


SUBCHAPTER 1. FREE PUBLIC LIBRARY SERVICE [REPEALED.]

§§ 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.

Added 1997, No. 73 (Adj. Sess.), § 1.
 

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Subchapter 2. 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 which 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 such 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 such 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.


§ 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
such endowment, be a part of the organic and fundamental law of such
corporation.


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

The trustees, managers or directors of such 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.


§ 105. General powers.

The trustees, managers or directors shall elect the officers of the
corporation from their number and have the control and management of the
affairs and property of the corporation, may 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.  They may, 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.


§ 106. -Vacancies.

(a)  They 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.


§ 107. -Bylaws.

They may make bylaws for the management of such corporation and library.
The bylaws shall set forth the officers of the corporation and define and
prescribe their respective duties.


§ 108. -Employment of agents and employees.

They 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 such corporation.


§ 109. Exemption from taxation.

When the instrument providing the endowment declares that the institution
shall be a free public library, such library and other property of the
corporation shall be forever exempt from taxation.


§ 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 regulations necessary to carry out the provisions of this
chapter.

Amended 1989, No. 28, § 7.


§ 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 fees.

(b)  A person who wilfully damages or 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.

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Subchapter 3. 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 which 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.  The board shall consist of
not less than five trustees who shall have full power to manage the public
library, make bylaws, elect officers, establish a library policy and receive,
control and manage property which shall come into the hands of the
municipality by gift, purchase, devise or bequest for the use and benefit of
the library.  The board may appoint a director for the efficient
administration and conduct of the library.

(b)  When trustees are first chosen, they shall be elected or appointed for
staggered terms.

Amended 1989, No. 28, § 12.


§ 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 moneys 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, moneys 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 which, 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.

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Subchapter 4. State Aid

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


Subchapter 5. Traveling Libraries

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


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CHAPTER 13. DEPARTMENT OF LIBRARIES
 
 


SUBCHAPTER 1. 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
chapter 13 of Title 3.

(c)  The state librarian shall distribute, in accordance with sections
1152-1163 and 1191-1193a of Title 29, and other official lists maintained by
the state librarian, the acts and resolves of the general assembly, the
legislative directory, the Vermont Statutes Annotated, the Vermont key number
digest, the journals of the senate and house of representatives, the Vermont
reports and other official reports and documents. The state librarian shall
maintain records of all documents which 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


§ 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, and 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 chairman and a vice-chairman.  The chairman
shall preside at meetings of the board; the vice-chairman shall preside in
the absence of the chairman. 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. Books and materials.

All books, documents, pictures, maps, pamphlets and other documentary
material, and all films and film strips, belonging to the state and not
placed by law in the custody of another department or agency of the state,
shall constitute material of the department of libraries.

Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970.


§ 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:

(1) A law library to serve the supreme court, the attorney general, other
members of the judiciary, the legal profession, members of the legislature,
officials of state government and the general public.

(2) A collection of state documents and of documents relating to other
states, and local and federal governments.  It shall arrange for and
designate depositories of state documents which designation is to include
Bailey library at the university of Vermont.  The department may acquire
reports and documents published by federal agencies and by other states and
countries, and may arrange for the exchange of official reports and
publications with federal agencies, and with governmental agencies in other
states and countries.

(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 regulations of 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 the mentally ill and mentally handicapped.

(7) Reading materials for the blind and physically handicapped.

Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1971,
No. 162 (Adj. Sess.), § 1.


§ 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 which may be available
from state funds, and may prepare plans and applications to obtain federal
aid monies which may be available.

(2) Shall compile and publish annual statistics covering all libraries in
the state, including those maintained by the department of libraries.

(3) Shall provide consultative services to other libraries in the state, and
shall encourage formation of central records of library holdings.

(4) Shall promote improved communications among libraries in the state as
well as cooperative use of facilities.

(5) May provide facilities in cooperation with other libraries for storage
of little used materials.

(6) May conduct seminars, workshops and other programs to increase the
professional competence of librarians in the state.

(7) May receive and administer gifts of real and personal property accepted
by the governor on behalf of the state under section 101 of Title 29.

(8) May dispose of by sale or exchange, or may discard, material which 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 chapter 7,
subchapter 5 of Title 32, and shall be available to the department for the
purchase of library materials. Materials constituting public records or which
are archival in nature may be disposed of only following thirty days' notice
to the commissioner of buildings and general services.

(9) Shall be the primary access point for state information, and provide
advice on state information technology policy.

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.
 


§ 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. Fees for library materials.

(a)  The department of libraries is hereby authorized to collect the
following fees:
 

(1) Department of libraries        $0.10 page (first 30 pages free to
                                   photocopies Vermont libraries and Nelinet
                                   libraries); $0.50 page if copied by
                                   department of libraries staff

(2) Microfilm or fiche        $0.10 page or fiche (first 30
                              from department of libraries
                              pages/fiches free to Vermont libraries
                              or University of Vermont
                              and Nelinet libraries); $0.50 page if
                              copied by department of libraries staff

(3) Photocopies, microfilm        Exact cost billed by other library
                                  or fiche of materials from other
                                  libraries not covered by (1)
                                  and (2)

(4) Telefacsimile       Requests up to 29 pages, $7.50 plus
                        $0.50 per page; requests of 30-59
                        pages, $12.50 plus $0.50 per page
 

(b)  The fees collected shall be credited to the library sales special fund
established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and
shall be available to support the cost of reference and law postage and
collections' acquisitions. Pursuant to subdivision 603(2) of Title 32, these
fees may be adjusted.

Added 1995, No. 186 (Adj. Sess.), § 17; amended 1997, No. 59, § 16, eff.
June 30, 1997.


§ 610. Nonprofit foundation for public library services.

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. Annually, the state librarian shall file a report
with the general assembly describing the funds received and grants made by
the foundation.

Added 1999, No. 152 (Adj. Sess.), § 30a.

[Back]
Subchapter 2. 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
moneys 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 title, unless such town, city or village has elected a
board of library trustees as provided in chapter 3 of this title and has
voted to instruct such trustees to make application therefor to the state
librarian and unless such trustees have provided, in a manner satisfactory to
the board, 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.


§ 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 selectmen 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
which 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 the Federal Library
Services and Construction Act, chapter 16 of Title 20, United States code as
amended.

Added 1969, No. 226 (Adj. Sess.), § 4, eff. March 31, 1970; amended 1995,
No. 148 (Adj. Sess.), § 15, eff. May 6, 1996.


§ 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 sixty 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.