§ 24-60-1501 — Compact approved and ratified

The general assembly hereby
approves and ratifies and the governor shall enter into a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:

INTERSTATE LIBRARY COMPACT

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) 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.

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 from 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 inservice 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.

Legislative History

Source: L. 69: p. 552, � 1. C.R.S. 1963: � 74-16-1.