N.D. Cent. Code § 54-24.1-01 Interstate Library Compact
54-24.1-01. Interstate Library Compact
The Interstate Library Compact is hereby enacted into law and entered into by this state
with all states legally joining therein in the form substantially as follows:
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:
1. "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.
2. "Private library agency" means any nongovernmental entity which operates or
assumes a legal obligation to operate a library.
3. "Public library agency" means any unit or agency of local or state government
operating or having power to operate a library.
ARTICLE III - INTERSTATE LIBRARY DISTRICTS
1. 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.
2. 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.
3. 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:
a. 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.
b. 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, corporation, or
limited liability company, and receive, utilize, and dispose of the same.
c. Operate mobile library units or equipment for the purpose of rendering
bookmobile service within the district.
d. 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.
e. Sue and be sued in any court of competent jurisdiction.
f. 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.
g. Construct, maintain, and operate a library, including any appropriate branches
thereof.
h. 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
1. An interstate library district which establishes, maintains, or operates any facilities or
services in its own right shall have a governing board of not more than five members
to be selected by the boards of the participating agencies 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 must be represented on the governing board which
must be organized and conduct its business in accordance with provision therefor in
the library agreement; but, in no event may a governing board meet less often than
twice a year.
2. 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 must contain
provisions covering the subjects detailed in Article VI of the compact for interstate library
agreements.
ARTICLE VI - LIBRARY AGREEMENTS
1. 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 must, as among the parties to the
agreement:
a. Detail the specific nature of the services, programs, facilities, arrangements, or
properties to which it is applicable.
b. Provide for the allocation of costs and other financial responsibilities.
c. Specify the respective rights, duties, obligations, and liabilities of the parties.
d. 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.
2. No public or private library agency may 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.
3. No library agreement becomes 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
1. Every library agreement made pursuant to this compact must, 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 that 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 constitutes approval thereof.
2. In the event that a library agreement made pursuant to this compact deals 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 must, as a condition precedent to its entry into force, be submitted to the
state officer or agency having such power of control and must be approved or
disapproved by the officer or agency as to all matters within the officer's or agency's
jurisdiction in the same manner and subject to the same requirements governing the
action of the attorneys general pursuant to subsection 1. This requirement of
submission and approval is 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 may 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
1. 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.
2. 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 the administrator's state or any public library agency thereof is party must
be filed. The administrator shall have such other powers as may be conferred upon the
administrator by the laws of the administrator's 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
1. This compact enters into force and effect immediately upon its enactment into law by
any two states. Thereafter, it enters into force and effect as to any other state upon the
enactment thereof by such state.
2. This compact continues in force with respect to a party state and remains binding upon
such state until six months after such state has given notice to each other party state
of the repeal thereof. Such withdrawal may 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 must be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact are 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 applicability thereof to any government,
agency, person, or circumstance is not affected thereby. If this compact is held contrary to the
constitution of any state party thereto, the compact must 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.