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State Codes and Statutes

Statutes > North-carolina > Chapter_125 > GS_125-12

Article2.

Interstate LibraryCompact.

§ 125‑12.  Compactenacted into law; form.

The Interstate Library Compactis hereby enacted into law and entered into by this State with all stateslegally joining therein in the form substantially as follows:

INTERSTATE LIBRARY COMPACT.

Article I. POLICY ANDPURPOSE.

Because the desire for theservices provided by libraries transcends governmental boundaries and can mosteffectively be satisfied by giving such services to communities and peopleregardless of jurisdictional lines, it is the policy of the states party tothis Compact to cooperate and share their responsibilities; to authorizecooperation and sharing with respect to those types of library facilities andservices which can be more economically or efficiently  developed andmaintained on a cooperative basis, and to authorize cooperation and sharingamong localities, states and others in providing joint or cooperative libraryservices in areas where the distribution of population or of existing and potentiallibrary resources make the provision of library service on an interstate basisthe 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 stategovernment operating or having power to operate a library.

(b)        "Privatelibrary agency" means any nongovernmental entity which operates or assumesa legal obligation to operate a library.

(c)        "Libraryagreement" means a contract establishing an interstate library districtpursuant to this Compact or providing for the joint or cooperative furnishingof library services.

Article III. INTERSTATELIBRARY DISTRICTS.

(a)        Any one or morepublic library agencies in a party state in cooperation with any public libraryagency or agencies in one or more other party states may establish and maintainan interstate library district. Subject to the provisions of this Compact andany other laws of the party states which pursuant hereto remain applicable,such district may establish, maintain and operate some or all of the libraryfacilities and services for the area concerned in accordance with the terms ofa library agreement therefor. Any private library agency or agencies within aninterstate library district may cooperate therewith, assume duties,responsibilities and obligations thereto, and receive benefits therefrom asprovided in any library agreement to which such agency or agencies becomeparty.

(b)        Within aninterstate library district, and as provided by a library agreement, theperformance of library functions may be undertaken on a joint or cooperativebasis or may be undertaken by means of one or more arrangements between oramong public or private library agencies for the extension of libraryprivileges to the use of facilities or services operated or rendered by one ormore of the individual library agencies.

(c)        If a libraryagreement provides for joint establishment, maintenance or operation of libraryfacilities or services by an interstate library district, such district shallhave power to do any one or more of the following in accordance with suchlibrary agreement:

(1)        Undertake,administer and participate in programs or arrangements for securing, lending orservicing of books and other publications, any other materials suitable to bekept or made available by libraries, library equipment or for the disseminationof information about libraries, the value and significance of particular itemstherein, and the use thereof.

(2)        Accept for any ofits purposes under this Compact any and all donations, and grants of money,equipment, supplies, materials, and services, (conditional or otherwise), fromany state or the United States or any subdivision or agency thereof, orinterstate agency, or from any institution, person, firm or corporation, andreceive, utilize and dispose of the same.

(3)        Operate mobilelibrary units or equipment for the purpose of rendering bookmobile servicewithin the district.

(4)        Employ professional,technical, clerical and other personnel, and fix terms of employment,compensation and other appropriate benefits; and where desirable, provide forthe in‑service training of such personnel.

(5)        Sue and be sued inany court of competent jurisdiction.

(6)        Acquire, hold, and disposeof any real or personal property or any interest or interests therein as may beappropriate to the rendering of library service.

(7)        Construct, maintainand operate a library, including any appropriate branches thereof.

(8)        Do such other thingsas may be incidental to or appropriate for the carrying out of any of theforegoing powers.

Article IV. INTERSTATE LIBRARY DISTRICTS, GOVERNING BOARD.

(a)        An interstatelibrary district which establishes, maintains or operates any facilities orservices in its own right shall have a governing board which shall direct theaffairs of the district and act for it in all matters relating to its business.Each participating public library agency in the district shall be representedon the governing board which shall be organized and conduct its business inaccordance with provision therefor in the library agreement. But in no eventshall a governing board meet less often than twice a year.

(b)        Any private libraryagency or agencies party to a library agreement establishing an interstatelibrary district may be represented on or advise with the governing board ofthe district in such manner as the library agreement may provide.

Article V. STATE LIBRARY AGENCY COOPERATION.

Any two or more state libraryagencies of two or more of the party states may undertake and conduct joint orcooperative library programs, render joint or cooperative library services, andenter into and perform arrangements for the cooperative or joint acquisition,use, housing and disposition of items or collections of materials which, byreason of expense, rarity, specialized nature, or infrequency of demandtherefor would be appropriate for central collection and shared use. Any suchprograms, services or arrangements may include provision for the exercise on acooperative or joint basis of any power exercisable by an interstate librarydistrict and an agreement embodying any such program, service or arrangementshall contain provisions covering the subjects detailed in Article VI of thisCompact for interstate library agreements.

Article VI. LIBRARY AGREEMENTS.

(a)        In order to providefor any joint or cooperative undertaking pursuant to this Compact, public andprivate library agencies may enter into library agreements. Any agreementexecuted pursuant to the provisions of this Compact shall, as among the partiesto the agreement:

(1)        Detail the specificnature of the services, programs, facilities, arrangements or properties towhich it is applicable.

(2)        Provide for theallocation of costs and other financial responsibilities.

(3)        Specify therespective rights, duties, obligations and liabilities of the parties.

(4)        Set forth the termsand conditions for duration, renewal, termination, abrogation, disposal ofjoint or common property, if any, and all other matters which may beappropriate to the proper effectuation and performance of the agreement.

(b)        No public orprivate library agency shall undertake to exercise itself, or jointly with anyother library agency, by means of a library agreement any power prohibited tosuch agency by the constitution or statutes of its state.

(c)        No libraryagreement shall become effective until filed with the Compact Administrator ofeach state involved, and approved in accordance with Article VII of thisCompact.

Article VII. APPROVAL OF LIBRARY AGREEMENTS.

(a)        Every libraryagreement made pursuant to this Compact shall, prior to and as a conditionprecedent to its entry into force, be submitted to the attorney general of eachstate in which a public library agency party thereto is situated, who shalldetermine whether the agreement is in proper form and compatible with the lawsof his state. The attorneys general shall approve any agreement submitted tothem unless they shall find that it does not meet the conditions set forthherein and shall detail in writing addressed to the governing bodies of thepublic library agencies concerned the specific respects in which the proposedagreement fails to meet the requirements of law. Failure to disapprove anagreement submitted hereunder within 90 days of its submission shall constituteapproval thereof.

(b)        In the event that alibrary agreement made pursuant to this Compact shall deal in whole or in partwith the provision of services or facilities with regard to which an officer oragency of the state government has constitutional or statutory powers ofcontrol, 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 andshall be approved or disapproved by him or it as to all matters within his orits jurisdiction in the same manner and subject to the same requirementsgoverning the action of the attorneys general pursuant to subsection (a) ofthis Article. This requirement of submission and approval shall be in additionto and not in substitution for the requirement of submission to and approval bythe attorneys general.

Article VIII. OTHER LAWS APPLICABLE.

Nothing in this Compact or inany library agreement shall be construed to supersede, alter or otherwiseimpair any obligation imposed on any library by otherwise applicable law, norto authorize the transfer or disposition of any property held in trust by alibrary agency in a manner contrary to the terms of such trust.

Article IX. APPROPRIATIONS AND AID.

(a)        Any public libraryagency party to a library agreement may appropriate funds to the interstatelibrary district established thereby in the same manner and to the same extentas to a library wholly maintained by it and, subject to the laws of the statein which such public library agency is situated, may pledge its credit insupport of an interstate library district established by the agreement.

(b)        Subject to theprovisions of the library agreement pursuant to which it functions and the lawsof the states in which such district is situated, an interstate librarydistrict may claim and receive any state and federal aid which may be availableto library agencies.

Article X. COMPACT ADMINISTRATOR.

Each state shall designate aCompact Administrator with whom copies of all library agreements to which hisstate or any public library agency thereof is party shall be filed. TheAdministrator shall have such other powers as may be conferred upon him by thelaws of his state and may consult and cooperate with the compact administratorsof other party states and take such steps as may effectuate the purposes ofthis Compact. If the laws of a party state  so provide, such state maydesignate one or more deputy Compact administrators in addition to its CompactAdministrator.

Article XI. ENTRY INTO FORCE AND WITHDRAWAL.

(a)        This Compact shallenter into force and effect immediately upon its enactment into law by any twostates. Thereafter, it shall enter into force and effect as to any other stateupon the enactment thereof by such state.

(b)        This Compact shallcontinue in force with respect to a party state and remain binding upon suchstate until six months after such state has given notice to each other partystate of the repeal thereof. Such withdrawal shall not be construed to relieveany party to a library agreement entered into pursuant to this Compact from anyobligation of that agreement prior to the end of its duration as providedtherein.

Article XII. CONSTRUCTION AND SEVERABILITY.

This Compact shall beliberally construed so as to effectuate the purposes thereof. The provisions ofthis Compact shall be severable and if any phrase, clause, sentence orprovision of this Compact is declared to be contrary to the constitution of anyparty state or of the United States or the applicability thereof to anygovernment, agency, person or circumstance is held invalid, the validity of theremainder of this Compact and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby. If this Compactshall be held contrary to the constitution of any state party thereto, theCompact shall remain in full force and effect as to the remaining states and infull force and effect as to the state affected as to all severable matters. (1967, c. 190, s. 1.)