                                 CODE OF VIRGINIA

COMPACT ENTERED INTO AND ENACTED INTO LAW (§ 42.1-75)

The Interstate Library Compact is enacted into law and entered into by this
State 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 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. &#8220;Public library agency&#8221; means any unit or agency of local or
State government operating or having power to operate a library.

b. &#8220;Private library agency&#8221; means any nongovernmental entity which
operates or assumes a legal obligation to operate a library.

c. &#8220;Library agreement&#8221; 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, 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 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 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.
			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 state affected as to all severable
matters.

HISTORY: 1970, c. 267.