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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 280--S.F.No. 923
           An act relating to libraries; defining misuse of 
          library materials; prohibiting the theft or damage of 
          library materials; restricting tort liability for 
          public libraries; prescribing a penalty; amending 
          Minnesota Statutes 1982, section 466.01, subdivision 1;
          proposing new law coded in Minnesota Statutes, 
          chapters 134 and 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [134.40] [PROTECTION OF LIBRARY MATERIAL.] 
    Section 3 describes misuse of library materials and 
prescribes penalties for intentional removal of, damage to, and 
detention of library materials.  
    Sec. 2.  Minnesota Statutes 1982, section 466.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MUNICIPALITY.] For the purposes of 
sections 466.01 to 466.15, "municipality" means any city, 
whether organized under home rule charter or otherwise, any 
county, town, public authority, public corporation, special 
district, school district, however organized, county 
agricultural society organized pursuant to chapter 38, public 
library, regional public library system, multicounty multitype 
library system, or other political subdivision. 
    Sec. 3.  [609.541] [PROTECTION OF LIBRARY PROPERTY.] 
    Subdivision 1. [DAMAGE TO LIBRARY MATERIALS.] A person who 
intentionally, and without permission from library personnel 
damages any books, maps, pictures, manuscripts, films, or other 
property of any public library or library belonging to the state 
or to any political subdivision is guilty of a petty misdemeanor.
     Subd. 2.  [REMOVAL OF LIBRARY PROPERTY.] A person who 
intentionally, and without permission from library personnel 
removes any books, maps, pictures, manuscripts, films, or other 
property of any public library or library belonging to the state 
or to any political subdivision is guilty of a misdemeanor.  
    Subd. 3.  [DETENTION OF LIBRARY MATERIALS.] A person who 
detains a book, periodical, pamphlet, film, or other property 
belonging to any public library, or to a library belonging to 
the state or any political subdivision, for more than 60 days 
after notice in writing to return it, given after the expiration 
of the library's stated loan period for the material, is guilty 
of a petty misdemeanor.  The written notice shall be sent by 
mail to the last known address of the person detaining the 
material.  The notice shall state the type of material borrowed, 
the title of the material, the author's name, the library from 
which the material was borrowed, and the date by which the 
material was to have been returned to the library.  The notice 
shall include a statement indicating that if the material is not 
returned within 60 days after the written notice the borrower 
will be in violation of this section.  
     Subd. 4.  [RESPONSIBILITY FOR PROSECUTION FOR REGIONAL 
LIBRARIES.] For regional libraries the county attorney for the 
county in which the offense occurred shall prosecute violations 
of subdivisions 1 to 3. 
    Approved June 6, 1983