2000 Minnesota Statutes

CHAPTER 134. Public libraries; multicounty, multitype libraries

     134.001 Definitions. 

    Subdivision 1.  The terms used in this chapter have the 
 meanings given them in this section. 

    Subd. 2.  "Public library" means any library that provides 
 free access to all residents of a city or county without 
 discrimination, receives at least half of its financial support 
 from public funds and is organized under the provisions of this 
 chapter.  Except as provided in section 134.195, it does not 
 include libraries such as law, medical, school and academic 
 libraries organized to serve a special group of persons, or 
 libraries organized as a combination of a public library and 
 another type of library. 

    Subd. 3.  "Public library services" means services provided 
 by or on behalf of a public library.  Except as provided in 
 section 134.195, it does not include services for elementary 
 schools, secondary schools or post-secondary educational 
 institutions. 

    Subd. 4.  "Regional public library system" means a 
 multicounty public library service agency that provides free 
 access to all residents of the region without discrimination, 
 and is organized under the provisions of this chapter or chapter 
 317A, or section 471.59. 

    Subd. 5.  "Basic system services" means services offered by 
 all regional public library systems either directly or by 
 contract.  These services shall include, but are not limited to, 
 communication among participants, resource sharing, delivery of 
 materials, reciprocal borrowing, and cooperative reference 
 service. 

    Subd. 6.  "Multicounty, multitype library system" means a 
 cooperative network composed of any combination of public 
 libraries, regional public library systems, public school 
 libraries, public or private college or university libraries and 
 any other libraries which share services and resources within a 
 multicounty area.  

    Subd. 7.  "City" or "cities" means home rule and statutory 
 cities unless specifically provided otherwise.  

    Subd. 8.    Regional public library district.  "Regional 
 public library district" means a governmental unit formed 
 according to this chapter to operate multicounty public library 
 services. 

    HIST: 1978 c 546 s 1; 1979 c 334 art 9 s 1,2; 1983 c 314 art 
 11 s 10,22; 1989 c 304 s 137; 1991 c 265 art 10 s 1,2; 1993 c 
 375 art 7 s 2 

  134.01 Renumbered 123.60 

  134.02 Renumbered 123.601 

  134.03 Repealed, 1983 c 314 art 11 s 21 

  134.035 Repealed, 1978 c 546 s 8 

  134.04 Renumbered 121.496 

  134.05 Repealed, 1963 c 10 s 1 

  134.06 Repealed, 1983 c 314 art 11 s 21 

     134.07 Public library service. 

    The governing body of any city or county may establish and 
 maintain public library service for the use of its inhabitants.  
 By ordinance or resolution it may set apart for the benefit 
 thereof any public property of the city or county.  In any 
 statutory city and in any city of the second, third, or fourth 
 class, and in any county, the governing body may levy an annual 
 tax on all taxable property therein except counties may not tax 
 property which is already taxed for public library service.  The 
 proceeds of the tax shall be known as the library fund.  

    HIST: (5661) RL s 2255; 1913 c 509 s 1; 1945 c 319 s 1; 1953 c 
 434 s 1; 1953 c 686 s 1; 1955 c 120 s 1; 1963 c 144 s 1; 1973 c 
 123 art 5 s 7; 1973 c 773 s 1; 1983 c 314 art 11 s 1 

     134.08 Establishing and discontinuing library service; 
  applicability of law. 

    Subdivision 1.    Establishment.  If public library 
 service is not established under section 134.07, the governing 
 body of the city or county, upon the petition of eligible 
 voters, as defined in section 201.014, subdivision 1, of the 
 city or county, in a number not less than five percent of the 
 number of persons who voted at the last general election in the 
 city or county, shall submit the question of the establishment 
 or provision of public library services to the voters at the 
 next general election.  If a majority of the votes cast on the 
 question are in the affirmative, the governing body shall 
 establish the library or shall provide public library service as 
 authorized in section 134.12 or 134.20 and levy an annual tax 
 for its support.  

    Subd. 2.    Discontinuance.  If public library service 
 is established under the provisions of subdivision 1, it may be 
 discontinued only after a majority of the votes cast on the 
 question are in the affirmative on a question on a ballot in a 
 general election.  The question of discontinuance of public 
 library service shall be placed on the ballot at the next 
 general election upon the petition of eligible voters, as 
 defined in section 201.014, subdivision 1, of the city or 
 county, in a number not less than five percent of the number of 
 persons who voted at the last general election in the city or 
 county.  

    Subd. 3.    Applicability.  All public library service 
 heretofore established and now existing in cities and counties 
 is continued and all ordinances and resolutions setting apart 
 public property for their support are hereby confirmed.  Nothing 
 in sections 134.08 to 134.15 shall be construed as abridging any 
 power or duty in respect to libraries conferred by any city 
 charter.  If a city charter does not address matters provided 
 for in this chapter, the provisions of this chapter shall apply. 

    HIST: (5662) RL s 2256; 1973 c 123 art 5 s 7; 1980 c 609 art 6 
 s 34; 1983 c 314 art 11 s 2; 1987 c 384 art 2 s 1 

     134.09 Library boards. 

    Subdivision 1.    Appointment.  When public library 
 service is established, except in any city of the first class 
 operating under a home rule charter, the mayor of the city with 
 the approval of the council for a city library or the board of 
 commissioners for a county library, shall appoint a board of 
 five, seven or nine members from among the residents of the city 
 or county.  If the city library is a branch or a member of a 
 regional public library system, as defined in section 134.001, 
 the mayor, with the approval of the city council, may appoint to 
 the city library board, residents of the county, provided that 
 the county is participating in the regional public library 
 system and that the majority of the members of the city library 
 board are residents of the city.  The number of members on the 
 board shall be determined by resolution or ordinance adopted by 
 the council or the board of commissioners.  Not more than one 
 council member or county commissioner shall at any time be a 
 member of the library board.  The appointments shall be made 
 before the first meeting of the library board after the end of 
 the fiscal year.  

    Subd. 2.    Term of office.  If nine board members are 
 appointed, three shall hold office for one year, three for two 
 years and three for three years.  If seven members are 
 appointed, three shall hold office for one year, two for two 
 years, and two for three years; if five are appointed, two shall 
 hold office for one year, two for two years, and one for three 
 years.  All terms shall end with the fiscal year.  Annually the 
 mayor with the approval of the council, or the board of county 
 commissioners shall appoint board members for the term of three 
 years until their successors qualify a sufficient number of 
 members to fill the places of those whose term or terms expire.  
 A library board member shall not be eligible to serve more than 
 three consecutive three-year terms.  

    Subd. 3.    Removal of members.  The mayor with the 
 approval of the council, or the board of county commissioners 
 may remove any member for misconduct or neglect.  

    Subd. 4.    Abolishment.  Upon recommendation of a 
 majority of any library board created under the provisions of 
 subdivision 1, the governing body of the city or county may 
 abolish the library board at the end of any fiscal year provided 
 that the governing body shall simultaneously establish a 
 successor library board of either five, seven or nine members by 
 resolution or ordinance.  The appointment of successor board 
 members shall be made as provided in subdivision 1.  The terms 
 of successor board members shall be as provided in subdivision 2.

    HIST: (5663) RL s 2257; 1943 c 245 s 1; 1945 c 46 s 1,2; 1961 
 c 235 s 1; 1973 c 123 art 5 s 7; 1983 c 314 art 11 s 3; 1986 c 
 471 s 2 

     134.10 Board vacancies; compensation. 

    The library board president shall report vacancies in the 
 board to the council or the board of county commissioners.  The 
 council or board of county commissioners shall fill the 
 vacancies by appointment for the unexpired term.  Library board 
 members shall receive no compensation for their services but may 
 be reimbursed for actual and necessary traveling expenses 
 incurred in the discharge of library board duties and activities 
 or a per diem allowance according to section 375.47 in place of 
 the expenses. 

    HIST: (5664) RL s 2258; 1983 c 314 art 11 s 4; 1987 c 398 art 
 9 s 1 

     134.11 Organization of board; duties. 

    Subdivision 1.    Organization.  Immediately after 
 appointment, the library board shall organize by electing one of 
 its number as president and one as secretary, and from time to 
 time it may appoint such other officers as it deems necessary.  

    Subd. 2.    Duties.  The library board shall adopt 
 bylaws and regulations for the government of the library and for 
 the conduct of its business as may be expedient and conformable 
 to law.  It shall have exclusive control of the expenditure of 
 all money collected for or placed to the credit of the library 
 fund, of interest earned on all money collected for or placed to 
 the credit of the library fund, of the construction of library 
 buildings, and of the grounds, rooms, and buildings provided for 
 library purposes.  All money received for the library shall be 
 paid into the city or county treasury, credited to the library 
 fund, kept separate from other money of the city or county, and 
 paid out only upon approval by the board.  The library board may 
 lease rooms for library use.  The library board shall appoint a 
 qualified library director and other staff as necessary, 
 establish the compensation of employees, and remove any of them 
 for cause.  With the approval of the council or board of county 
 commissioners, the library board may purchase grounds and erect 
 a library building thereon.  

    HIST: (5665) RL s 2259; 1973 c 123 art 5 s 7; 1983 c 314 art 
 11 s 5 

     134.12 Benefits of library. 

    Subdivision 1.    Nonresidents.  Any library board may 
 admit to the benefits of its library persons not residing within 
 its city or county under regulations and upon conditions as to 
 payment and security prescribed by the library board. 

    Subd. 2.    Contracts with cities and towns.  The 
 library board may contract with the county board of the county 
 in which the library is situated or the county board of any 
 adjacent county, or with the governing body of any neighboring 
 town or city, to loan library materials to residents of the 
 contracting county, town, or city.  

    Subd. 3.    Use of public library; tax levy.  Any county 
 board or city governing body may contract with the board of any 
 city or county public library for the use of the library by the 
 residents of the county, town, or city who do not have the use 
 of a public library, upon the terms and conditions as those 
 granted residents of the city or county where the public library 
 is located, and to pay the library board an annual amount 
 therefor.  Any county board or city governing body may establish 
 a library fund by levying an annual tax upon all taxable 
 property which is not already taxed for the support of any 
 public library and all taxable property which is situated 
 outside of any city in which is situated a public library.  

    HIST: (5666) RL s 2260; 1905 c 257; 1913 c 509 s 2; 1951 c 217 
 s 1; 1963 c 144 s 2; 1973 c 123 art 5 s 7; 1973 c 583 s 8; 1983 
 c 314 art 11 s 6 

     134.13 Annual report. 

    As soon as practicable following the end of the fiscal year 
 the library board shall report to the governing body of the city 
 or county all amounts received during the preceding year and the 
 sources thereof, the amounts expended and for what purposes, the 
 number of library materials on hand, the number purchased and 
 loaned, and such other information as it deems advisable.  No 
 later than April 1 of each year the library board shall file 
 this information with the department of children, families, and 
 learning on forms supplied by the department.  

    HIST: (5667) RL s 2261; 1911 c 181 s 1; 1945 c 40 s 1; 1973 c 
 123 art 5 s 7; 1983 c 314 art 11 s 7; 1Sp1995 c 3 art 16 s 13 

     134.14 Title to property; free use. 

    All property given, granted, conveyed, donated, devised, or 
 bequeathed to, or otherwise acquired by, any city or county for 
 a public library shall vest in, and be held in the name of, the 
 city or county and any conveyance, grant, donation, devise, 
 bequest, or gift made to, or in the name of, any public library 
 or library board shall be deemed to have been made directly to 
 the city or county to be used as provided in section 134.11.  
 Every public library established under sections 134.07 to 134.15 
 shall be forever free to the use of the inhabitants of the city 
 or county subject to reasonable regulations the library board 
 may adopt. 

    HIST: (5668) RL s 2262; 1983 c 314 art 11 s 8 

     134.15 Gifts. 

    With the consent of the governing body of any city or 
 county, expressed by ordinance or resolution, the library board 
 may accept any gift, grant, devise, or bequest made or offered 
 by any person for public library purposes, or for the 
 establishment, enlargement, or maintenance of an art gallery or 
 museum in connection with its library, and may carry out the 
 conditions of the donation.  The city or county in all such 
 cases is authorized to acquire a site, levy a tax, and pledge 
 itself by ordinance or resolution to a perpetual compliance with 
 all the terms and conditions of the gift, grant, devise, or 
 bequest so accepted. 

    HIST: (5669) RL s 2263; 1973 c 123 art 5 s 7; 1983 c 314 art 
 11 s 9 

  134.155 Repealed, 1999 c 241 art 8 s 5 

  134.16 Repealed, 1983 c 314 art 11 s 21 

  134.17 Repealed, 1965 c 45 s 73 

     134.18 Privileges extended to counties and statutory 
  cities.  

    Any public library board in any city of the first class in 
 this state, whether such board was created by and under the 
 general laws or by special act of the legislature, may enter 
 into arrangement with the authorities of the county within which 
 it is located, or with the authorities of any adjoining county, 
 or with the authorities of any statutory city within any such 
 county, whereby the inhabitants of any such county or statutory 
 city may secure the privileges of using the library and museums 
 of any such library board and the authorities of any such county 
 or statutory city are hereby authorized to defray the expenses 
 any such arrangement may involve.  

    HIST: (1591) 1907 c 289 s 1; 1973 c 123 art 5 s 7 

  134.19 Repealed, 1983 c 314 art 11 s 21 

     134.195 Library operated by city and school district. 

    Subdivision 1.    Establishment.  A school district and 
 a city that has established a public library under sections 
 134.07 and 134.08, by ordinance or resolution, may jointly 
 finance and operate a public library for use by school students 
 and the public.  If the city is already taxed for public library 
 service by a county, approval of the board of county 
 commissioners is required.  If the city is served by a regional 
 public library system, approval of the regional public library 
 system board is required.  Public library service established 
 under this section may be discontinued by action of the city 
 council or the school board upon one year's notice to the other 
 party. 

    Subd. 2.    Appointment of joint library board.  The 
 ordinance or resolution shall establish a library board of five, 
 seven, or nine members and shall state the number of members to 
 be appointed by the mayor, with the approval of the city 
 council, and the number of members to be appointed by the school 
 board.  One member of the city council and one member of the 
 school board shall be appointed to the library board.  The 
 remaining members of the library board may not be members of 
 either the city council or the school board.  Board members 
 shall be residents of the city or the school district. 

    Subd. 3.    Board terms of office.  The terms of office 
 for board members shall be established according to section 
 134.09, subdivision 2.  

    Subd. 4.    Removal of board members.  The mayor, with 
 the approval of the council, or the school board may remove for 
 misconduct or neglect any member it has appointed to the library 
 board. 

    Subd. 5.    Abolishment of board.  Upon recommendation 
 of a majority of the library board established under subdivision 
 2, the city council and the school board may abolish the library 
 board provided that the city council and the school district 
 shall immediately establish, by ordinance or resolution, a 
 successor library board of five, seven, or nine members.  The 
 appointment of successor board members shall be as provided in 
 subdivision 2 and the terms shall be as provided in subdivision 
 3. 

    Subd. 6.    Board vacancies and compensation.  The 
 library board president shall report a vacancy on the board to 
 the appointing authority who shall fill the vacancy by 
 appointment for the unexpired term.  Library board members shall 
 receive no compensation for their services but may be reimbursed 
 for actual and necessary travel expenses incurred in the 
 discharge of library board duties and activities. 

    Subd. 7.    Powers and duties of board.  Except as 
 provided in subdivision 9, the library board has the powers and 
 duties set forth in section 134.11, subdivision 2.  

    Subd. 8.    Funding.  The ordinance or resolution 
 establishing the library shall provide for joint financing of 
 the library by the school district and the city.  The city shall 
 provide at least the minimum dollar amount established in 
 section 134.34, subdivision 1.  The school district shall 
 provide money for staff and materials for the library at least 
 in proportion to the use related to curriculum, as determined by 
 the circulation statistics of the library.  Neither the city nor 
 the school district shall reduce the financial support provided 
 for operation of library or media services below the level of 
 support provided in the preceding year. 

    Subd. 9.    Contracts.  The library board may contract 
 with the school board, the regional library board, or the city 
 in which the library is situated to provide personnel, fiscal, 
 or administrative services.  The contract shall state the 
 personnel, fiscal, and administrative services and payments to 
 be provided by each party. 

    Subd. 10.    Criteria.  Public library services 
 established according to this section, including materials, 
 programs, equipment, and other public library services, whether 
 located in an elementary or secondary school building or 
 elsewhere, shall be available for simultaneous use by students 
 and residents of the area.  If public library services are 
 located in an elementary or secondary school building, a 
 separate entrance, accessible from the outside of the school 
 building, shall be provided for use by the residents.  The 
 library shall meet all requirements in statutes and rules 
 applicable to public libraries and school media centers.  A 
 media supervisor licensed by the board of teaching may be the 
 director of the library.  The library shall be centrally located 
 in the community and available for use by residents during all 
 hours the school is in session, at least 15 additional hours 
 each week during evenings, and on Saturdays.  When school is not 
 in session, the library may reduce its hours to maintain at 
 least the average number of hours each week of other public 
 libraries serving its population size.  The library shall have 
 telephone service that is separate from the telephone service 
 for the school.  Public parking, restrooms, drinking water, and 
 other necessities shall be easily accessible to residents. 

    HIST: 1991 c 265 art 10 s 3; 1994 c 647 art 10 s 2 

     134.20 Regional public library systems. 

    Subdivision 1.    Establishment.  Two or more counties 
 or two or more cities located in two or more counties may, 
 through action by their governing bodies under section 471.59, 
 establish and maintain a regional public library system, even 
 though one or more of the counties or cities may already have a 
 library with a library board.  In a county or city already 
 having a library board, the approval of the library board shall 
 also be required.  Cities having public libraries may join in 
 the regional public library system by being parties to the 
 agreement which establishes the regional public library system 
 through action of their library boards and their city councils, 
 or as provided in subdivision 3. 

    Subd. 2.    Library board.  The agreement establishing a 
 regional public library system shall provide for a library board 
 to govern the organization having all the powers and duties of 
 city and county library boards as provided in sections 134.11, 
 134.12, and 134.13 and including exclusive determination of all 
 library services to be provided under terms of the agreement as 
 defined in section 134.001, and exclusive control of the 
 expenditure of all funds for the services.  The regional library 
 system board may consist of as many members as the contracting 
 parties deem necessary, appointed in a number from among the 
 residents of the contracting parties and for terms by each party 
 to the contract as determined by the contracting parties, 
 irrespective of the existence of one or more city and county 
 library boards already in existence in the participating cities 
 and counties.  Not more than one member from each contracting 
 party shall be a member of the governing body of a contracting 
 party and no member may be appointed to serve more than three 
 consecutive three-year terms.  In the participating cities and 
 counties, the portion of the proceeds of the city and county 
 library tax authorized by section 134.07, shall be used to 
 support the regional public library system as the contracting 
 agreement may provide. 

    Subd. 3.    City participation.  Where a regional public 
 library system is established, a city located in any of the 
 contracting counties which is excluded from the county tax 
 supporting the regional public library system under the 
 provisions of section 134.07, may, upon recommendation of its 
 library board and upon action by its governing body, be included 
 in the county tax and become an integral part of the regional 
 public library system.  Cities included in the county tax and 
 with public libraries which are part of the regional public 
 library system, whether or not governed by home rule charter 
 provisions, upon action by their city council, may levy taxes 
 for the additional support of their local library services.  A 
 local public library board or governing body may, at its option, 
 continue to control the local library fund or pay all or part of 
 it to the regional public library system fund, to be used to 
 increase or improve public library services in the city. 

    Subd. 4.    Property.  All property given, granted, 
 conveyed, donated, devised or bequeathed to, or otherwise 
 acquired by any regional library board or any regional public 
 library system board however created shall vest in, and be held 
 in the name of, the regional library board or regional public 
 library system board.  Any conveyance, grant, donation, devise, 
 bequest, or gift made to, or in the name of, any regional 
 library or public library system shall be deemed to have been 
 made directly to the regional public library system board.  

    Subd. 5.    Ratification.  All property heretofore 
 given, granted, conveyed, donated, devised, bequeathed to, or 
 otherwise acquired by any regional library board or any regional 
 public library system board however created is validated, 
 ratified and confirmed as the property of the board.  

    Subd. 6.    Ratification.  Any multicounty regional 
 public library heretofore created, and the agreements creating 
 them, are validated, ratified, and confirmed and the benefits of 
 subdivisions 1 to 5 shall hereafter apply to them. 

    HIST: 1961 c 55 s 1; 1973 c 123 art 5 s 7; 1981 c 358 art 6 s 
 34-36; 1983 c 314 art 11 s 18,22; 1984 c 629 s 2 

     134.201 Regional library district. 

    Subdivision 1.    Establishment.  Regional public 
 library districts may be established under this section in the 
 areas of the existing Great River Regional library system and 
 the East Central Regional library system.  The geographic 
 boundaries shall be those established by the commissioner of 
 children, families, and learning under section 134.34, 
 subdivision 3.  

    Subd. 2.    Formation.  A regional public library 
 district may be formed by:  

    (1) approval of a majority of the city councils and boards 
 of county commissioners of the cities and counties that finance 
 regional public library system services and represent a majority 
 of the population to be served; or 

    (2) a majority of those voting on the issue in the entire 
 area to be served by the district in a referendum called after 
 petitions for the referendum have been filed in each of the 
 local governmental units.  Petitions must be signed by eligible 
 voters in a number not less than five percent of the number of 
 persons who voted in the last general election in each city and 
 county that is a party to the system contract or agreement.  

    A city that is not participating in a regional public 
 library system may join the district by majority vote of the 
 city council or by referendum under clause (2) and with the 
 approval of the board of the regional public library district.  

    Subd. 3.    Termination.  A regional public library 
 district may be terminated at any time after the district has 
 been in operation for three years.  The procedure for 
 termination is the same as that for creation under subdivision 
 2, clause (2). 

    Subd. 4.    Board.  (a) If the district is formed under 
 subdivision 2, clause (1), the board of the public regional 
 library district shall be composed of one county commissioner or 
 the commissioner's designee from each county in the district's 
 service area and one elected member from each county for each 
 ten percent or a major fraction of the district's population.  A 
 majority of the members of the board must be elected members. 

    (b) If the district is formed under subdivision 2, clause 
 (2), the board of the regional library district shall be 
 composed of one member elected from each county in the 
 district's service area and one member elected from each county 
 for each ten percent or a major fraction of the district's 
 population. 

    (c) Elected board members shall be elected at large from a 
 county at a November election.  Board members elected shall 
 assume office on the following January 2.  The term of a member 
 shall be four years, with the terms of an initial board to 
 expire in two years for one-half of the members.  The board 
 shall organize itself under section 134.11, subdivision 1.  The 
 board has the powers and duties set forth in section 134.11, 
 subdivision 2. 

    Subd. 5.    General levy authority.  The board may levy 
 for operation of public library service.  This levy shall 
 replace levies for operation of public library service by cities 
 and counties authorized in section 134.07.  The amount levied 
 shall be spread on the net tax capacity of all taxable property 
 in the district at a uniform tax rate.  

    (a) The maximum amount that may be levied by a board under 
 this section is the greater of:  

    (1) the statewide average local support per capita for 
 public library services for the most recent reporting period 
 available, as certified by the commissioner of children, 
 families, and learning, multiplied by the population of the 
 district according to the most recent estimate of the state 
 demographer or the metropolitan council; or 

    (2) the total amount provided by participating counties and 
 cities under section 134.34, subdivision 4, during the year 
 preceding the first year of operation. 

    (b) For its first year of operation, the board shall levy 
 an amount not less than the total dollar amount provided by 
 participating cities and counties during the preceding year 
 under section 134.34, subdivision 4. 

    Subd. 6.    Basic system support grant.  A regional 
 public library district that meets federal and state 
 requirements for a regional library basic system support grant 
 is eligible to receive a grant.  A regional library basic system 
 support grant shall not be made to a regional public library 
 district if the district board reduces its levy for operation of 
 public library service below the amount of the levy in the 
 preceding year. 

    Subd. 7.    Library buildings.  In addition to the levy 
 authorized in subdivision 5 and all other levies authorized for 
 cities and counties, a city or county served by a library 
 district may levy for the construction, acquisition, 
 maintenance, and utilities costs of library buildings.  The 
 board of a district may issue bonds, with an election, according 
 to chapter 475 or levy under this section a special capital levy 
 for capital improvements for a library building.  A district may 
 purchase or lease a building to be used for library purposes 
 from a city or county.  

    Subd. 8.    Borrow money.  The board of a district may 
 borrow money and issue tax anticipation certificates as needed 
 to provide library services or for library buildings.  

    Subd. 9.    Transition provisions.  If a regional public 
 library system is reorganized into a regional public library 
 district there will be a transition period.  The transition 
 period shall begin at the time the regional public library 
 system board adopts a resolution that recommends formation of a 
 district to its participants and that sets an effective date for 
 the establishment of the district.  During the transition period 
 participating counties and cities must fund public library 
 services under their existing contracts, and planning for 
 administrative changes may occur.  The regional public library 
 system board shall continue until the district board members 
 assume their duties, at which time the transition period ends. 

    Subd. 10.    Assumption of assets, liabilities, and 
 contracts.  Upon assumption of responsibilities by the 
 regional public library district board, the regional public 
 library system assets, liabilities, and existing contracts, 
 including contracts negotiated under chapter 179A, shall become 
 the assets, liabilities, and contracts of the regional public 
 library district board. 

    HIST: 1993 c 375 art 7 s 3; 1Sp1995 c 3 art 16 s 13; 1998 c 
 398 art 5 s 55 

     134.21 Interstate library compact.  

    The interstate library compact is hereby enacted into law 
 and entered into on behalf of this state with any state 
 bordering on Minnesota which legally joins therein in 
 substantially the following form: 

                    INTERSTATE LIBRARY COMPACT 

    The contracting states agree that: 

                            ARTICLE I 

                             PURPOSE 

    Because the desire for the services provided by public 
 libraries transcends governmental boundaries and can be provided 
 most effectively by giving such services to communities of 
 people regardless of jurisdictional lines, it is the policy of 
 the states who are parties to this compact to cooperate and 
 share their responsibilities in providing joint and cooperative 
 library services in areas where the distribution of population 
 makes the provision of library service on an interstate basis 
 the most effective way to provide adequate and efficient 
 services.  

                            ARTICLE II 

                            PROCEDURE 

    The appropriate officials and agencies of the party states 
 or any of their political subdivisions may, on behalf of said 
 states or political subdivisions, enter into agreements for the 
 cooperative or joint conduct of library services when they shall 
 find that the executions of agreements to that end as provided 
 herein will facilitate library services.  

                           ARTICLE III 

                             CONTENT 

    Any such agreement for the cooperative or joint 
 establishment, operation, or use of library services, 
 facilities, personnel, equipment, materials, or other items not 
 excluded because of failure to enumerate shall, as among the 
 parties of the agreement:  (1) Detail the specific nature of the 
 services, facilities, properties, or personnel 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; (4) stipulate 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 said agreement.  

                            ARTICLE IV 

                         CONFLICT OF LAWS 

    Nothing in this compact or in any agreement entered into 
 hereunder shall be construed to supersede, alter, or otherwise 
 impair any obligation imposed on any public library by otherwise 
 applicable laws.  

                            ARTICLE V 

                          ADMINISTRATOR 

    Each state shall designate a compact administrator with 
 whom copies of all agreements to which his state or any 
 subdivision thereof is party shall be filed.  The administrator 
 shall have such 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.  

                            ARTICLE VI 

                          EFFECTIVE DATE 

    This compact shall become operative immediately upon its 
 enactment by any state or between it and any other contiguous 
 state or states so enacting.  

                           ARTICLE VII 

                           RENUNCIATION 

    This compact shall continue in force and remain binding 
 upon each party state until six months after any such state has 
 given notice of repeal by the legislature.  Such withdrawal 
 shall not be construed to relieve any party to an agreement 
 authorized by articles II and III of the compact from the 
 obligation of that agreement prior to the end of its stipulated 
 period of duration.  

                           ARTICLE VIII 

                    SEVERABILITY; CONSTRUCTION 

    The provisions of this compact shall be severable.  It is 
 intended that the provisions of this compact be reasonably and 
 liberally construed.  

    HIST: 1967 c 4 s 1 

     134.22 Compact administrator. 

    The commissioner of children, families, and learning shall 
 designate an officer or employee of the department of children, 
 families, and learning as compact administrator.  The compact 
 administrator shall receive copies of all agreements entered 
 into by the state or its political subdivisions and other states 
 or political subdivisions; consult with, advise, and aid such 
 governmental units in the formulation of such agreements; make 
 such recommendations to the governor, legislature, and 
 governmental agencies and units as the administrator deems 
 desirable to effectuate the purposes of this compact; and 
 consult and cooperate with the compact administrators of other 
 party states. 

    HIST: 1967 c 4 s 2; 1986 c 444; 1Sp1995 c 3 art 16 s 13; 1998 
 c 398 art 5 s 55 

     134.23 Agreements.  

    The compact administrator and the governing body of any 
 political subdivision of the state or the library board thereof 
 operating a public library may enter into agreements with other 
 states or their political subdivisions pursuant to the compact.  
 Such agreements as may be made pursuant to this compact on 
 behalf of the state of Minnesota shall be made by the compact 
 administrator.  Such agreements as may be made on behalf of a 
 political subdivision shall be made after due notice to, and 
 consultation with, the compact administrator. 

    HIST: 1967 c 4 s 3; 1986 c 444 

     134.24 Enforcement of compact.  

    The agencies and officers of this state and its political 
 subdivisions shall enforce this compact and do all things 
 appropriate to effect its purpose and intent which may be within 
 their respective jurisdictions.  

    HIST: 1967 c 4 s 4 

  134.30 Renumbered 134.001 

     134.31 Department of children, families, and learning; 
  library responsibilities. 

    Subdivision 1.  The state shall, as an integral part of its 
 responsibility for public education, support the provision of 
 library service for every citizen, the development of 
 cooperative programs for the sharing of resources and services 
 among all libraries, and the establishment of jointly operated 
 library services at a single location where appropriate. 

    Subd. 2.  The department of children, families, and 
 learning shall give advice and instruction to the managers of 
 any public library or to any governing body maintaining a 
 library or empowered to do so by law upon any matter pertaining 
 to the organization, maintenance, or administration of 
 libraries.  The department may also give advice and instruction, 
 as requested, to post-secondary educational institutions, state 
 agencies, governmental units, nonprofit organizations, or 
 private entities.  It shall assist, to the extent possible, in 
 the establishment and organization of library service in those 
 areas where adequate services do not exist, and may aid in 
 improving previously established library services.  The 
 department shall also provide assistance to school districts, 
 regional library systems, and member libraries interested in 
 offering joint library services at a single location. 

    Subd. 3.  The department may provide, for any library in 
 the state, books, journals, audiovisual items, information 
 services or resource materials it deems appropriate and 
 necessary and shall encourage the sharing of library resources 
 and the development of interlibrary cooperation. 

    Subd. 4.  The department shall collect statistics on the 
 receipts, expenditures, services, and use of the regional public 
 library systems and the public libraries of the state.  It shall 
 also collect statistics on all activities undertaken pursuant to 
 sections 134.31 to 134.35.  

    Subd. 5.    Advisory committee.  The commissioner shall 
 appoint an advisory committee of five members to advise the 
 staff of the Minnesota library for the blind and physically 
 handicapped on long-range plans and library services.  Members 
 shall be people who use the library.  Section 15.059 governs 
 this committee except that the committee shall expire on June 
 30, 2001. 

    HIST: 1978 c 546 s 2; 1986 c 471 s 3,4; 1989 c 329 art 10 s 1; 
 1991 c 265 art 11 s 20; 1993 c 224 art 5 s 37,38; art 9 s 41; 
 1Sp1995 c 3 art 16 s 13; 1997 c 192 s 23 

     134.32 Grant authorization; types of grants. 

    Subdivision 1.  The department shall provide the grants 
 specified in this section from any available state, federal, or 
 other funds. 

    Subd. 2. Repealed, 1995 c 186 s 39 

    Subd. 3.  It shall provide regional library basic system 
 support grants to regional public library systems which meet the 
 requirements of section 134.34, to assist those systems in 
 providing basic system services. 

    Subd. 4.  It may provide special project grants to assist 
 innovative and experimental library programs including, but not 
 limited to, special services for American Indians and the 
 Spanish-speaking, delivery of library materials to homebound 
 persons, other extensions of library services to persons without 
 access to libraries and projects to strengthen and improve 
 library services. 

    Subd. 5.  It may provide grants for interlibrary exchange 
 of books, periodicals, resource material, reference information 
 and the expenses incident to the sharing of library resources 
 and materials, including planning, development and operating 
 grants to multicounty, multitype library systems.  

    Subd. 6.  It may provide grants for the improvement of 
 library services at welfare and corrections institutions and for 
 library service for the blind and physically handicapped. 

    Subd. 7.  It may provide grants for construction or 
 remodeling of library facilities from any state and federal 
 funds specifically appropriated for this purpose. 

    Subd. 8.  (a) The commissioner shall promulgate rules 
 consistent with sections 134.32 to 134.35 governing: 

    (1) applications for these grants; 

    (2) computation formulas for determining the amounts of 
 establishment grants and regional library basic system support 
 grants; and 

    (3) eligibility criteria for grants. 

    (b) To the extent allowed under federal law, a construction 
 grant applicant, in addition to the points received under 
 Minnesota Rules, part 3530.2632, shall receive an additional 
 five points if the construction grant is for a project combining 
 public library services and school district library services at 
 a single location. 

    HIST: 1978 c 546 s 3; 1979 c 334 art 9 s 3; 1983 c 314 art 11 
 s 11,12; 1993 c 224 art 5 s 39; 1998 c 398 art 5 s 55 

    134.33 Subdivision 1.  Repealed, 1989 c 329 art 10 
 s 5 subd 2 

    Subd. 2.  Repealed, 1979 c 334 art 9 s 12 

     134.34 Regional library basic system support grants; 
  requirements. 

    Subdivision 1.    Local support levels.  A regional 
 library basic system support grant shall be made to any regional 
 public library system where there are at least three 
 participating counties and where each participating city and 
 county is providing for public library service support the 
 lesser of (a) an amount equivalent to .82 percent of the 
 adjusted net tax capacity of the taxable property of that city 
 or county, as determined by the commissioner of revenue for the 
 second year preceding that calendar year in 1991 and later years 
 or (b) a per capita amount calculated under the provisions of 
 this subdivision.  The per capita amount is established for 
 calendar year 1993 as $7.62.  In succeeding calendar years, the 
 per capita amount shall be increased by a percentage equal to 
 one-half of the percentage by which the total state adjusted net 
 tax capacity of property as determined by the commissioner of 
 revenue for the second year preceding that calendar year 
 increases over that total adjusted net tax capacity for the 
 third year preceding that calendar year.  The minimum level of 
 support shall be certified annually to the participating cities 
 and counties by the department of children, families, and 
 learning.  A city which is a part of a regional public library 
 system shall not be required to provide this level of support if 
 the property of that city is already taxable by the county for 
 the support of that regional public library system.  In no event 
 shall the department of children, families, and learning require 
 any city or county to provide a higher level of support than the 
 level of support specified in this section in order for a system 
 to qualify for a regional library basic system support grant.  
 This section shall not be construed to prohibit a city or county 
 from providing a higher level of support for public libraries 
 than the level of support specified in this section.  

    Subd. 2. Repealed, 1992 c 499 art 10 s 4 

    Subd. 3.    Regional designation.  Regional library 
 basic system support grants shall be made only to those regional 
 public library systems officially designated by the commissioner 
 of children, families, and learning as the appropriate agency to 
 strengthen, improve and promote public library services in the 
 participating areas.  The commissioner of children, families, 
 and learning shall designate no more than one such regional 
 public library system located entirely within any single 
 development region existing under sections 462.381 to 462.398 or 
 chapter 473. 

    Subd. 4.  A regional library basic system support grant 
 shall not be made to a regional public library system for a 
 participating city or county which decreases the dollar amount 
 provided for support for operating purposes of public library 
 service below the amount provided by it for the second preceding 
 year.  This subdivision shall not apply to participating cities 
 or counties where the adjusted net tax capacity of that city or 
 county has decreased, if the dollar amount of the reduction in 
 support is not greater than the dollar amount by which support 
 would be decreased if the reduction in support were made in 
 direct proportion to the decrease in adjusted net tax capacity. 

    Subd. 4a. Repealed, 1Sp1997 c 4 art 8 s 6 

    Subd. 5. Repealed, 1989 c 329 art 10 s 5 

    Subd. 6. Repealed, 1Sp1989 c 1 art 5 s 51 

    Subd. 7.    Proposed budget.  In addition to the annual 
 report required in section 134.13, a regional public system that 
 receives a basic system support grant under this section must 
 provide each participating county and city with its proposed 
 budget for the next year. 

    HIST: 1978 c 546 s 5; 1979 c 334 art 9 s 5,6; 1982 c 548 art 6 
 s 18; 1982 c 576 s 1; 1982 c 642 s 1; 1986 c 471 s 5; 1987 c 268 
 art 7 s 16,17; 1988 c 719 art 5 s 84; 1988 c 720 s 1; 1989 c 329 
 art 10 s 2,3; art 13 s 6,20; 1992 c 499 art 10 s 2,3; 1Sp1995 c 
 3 art 10 s 2; art 16 s 13; 1996 c 412 art 10 s 1; 1Sp1997 c 4 
 art 8 s 3; 1998 c 398 art 5 s 55 

     134.341 County financial support. 

    To ensure the availability of public library service to all 
 people, every county shall provide financial support for public 
 library services at no less than minimum amounts as specified in 
 section 134.34 and shall participate in the regional public 
 library system to which it is assigned by the commissioner of 
 children, families, and learning under section 134.34, 
 subdivision 3.  Each county board of commissioners shall appoint 
 at least one county resident to serve as a representative on the 
 regional public library system board and may appoint more than 
 one representative under terms and conditions of the regional 
 public library system contract. 

    HIST: 1987 c 398 art 9 s 2; 1995 c 186 s 40; 1998 c 398 art 5 
 s 55 

     134.342 Allocation of levy authority. 

    Subdivision 1.    Authority.  A regional public library 
 system board may adopt a written resolution to assume 
 responsibility for the allocation of the regional library system 
 levy authority throughout the region.  If adopted, the board 
 shall furnish a list to the commissioners of revenue and 
 children, families, and learning by July 1 of the levy year, 
 containing the name of each member city, town, and county that 
 will be participating in that regional system. 

    Subd. 2. Repealed, 1992 c 511 art 5 s 18 

    Subd. 3.    Allocation of authority.  A regional public 
 library system board that has resolved to allocate library levy 
 authority among its member cities, towns, and counties shall 
 allocate the amount, up to the total amount certified to the 
 board by the commissioner of revenue, and shall notify each 
 member city, town, and county by August 15 of the levy year of 
 its respective share of the total library levy for the region.  
 Each member city, town, or county located in the region shall 
 levy the amount negotiated and agreed upon by the board and each 
 member city, town, or county. 

    The board shall certify to the commissioners of revenue and 
 children, families, and learning by September 1 of the levy 
 year, the levy amount allocated to each member city, town, and 
 county in the regional library system. 

    Subd. 4. Repealed, 1992 c 511 art 5 s 18 

    HIST: 1990 c 604 art 3 s 5; 1Sp1995 c 3 art 16 s 13 

     134.35 Regional library basic system support grants; 
  distribution formula. 

    Subdivision 1.    Grant application.  Any regional 
 public library system which qualifies according to the 
 provisions of section 134.34 may apply for an annual grant for 
 regional library basic system support.  Regional public library 
 districts under section 134.201 may not compensate board members 
 using grant funds.  The amount of each grant for each fiscal 
 year shall be calculated as provided in this section. 

    Subd. 2.  Fifty-seven and one-half percent of the available 
 grant funds shall be distributed to provide all qualifying 
 systems an equal amount per capita.  Each system's allocation 
 pursuant to this subdivision shall be based on the population it 
 serves. 

    Subd. 3.  Twelve and one-half percent of the available 
 grant funds shall be distributed to provide all qualifying 
 systems an equal amount per square mile.  Each system's 
 allocation pursuant to this subdivision shall be based on the 
 area it serves. 

    Subd. 4.  Five percent of the available grant funds shall 
 be paid to each system as a base grant for basic system services.

    Subd. 5.  Twenty-five percent of the available grant funds 
 shall be distributed to regional public library systems based 
 upon the adjusted net tax capacity per capita for each member 
 county or participating portion of a county as calculated for 
 the second year preceding the fiscal year for which the grant is 
 made.  Each system's entitlement shall be calculated as follows: 

    (a) Multiply the adjusted net tax capacity per capita for 
 each county or participating portion of a county by .0082. 

    (b) Add sufficient grant funds that are available under 
 this subdivision to raise the amount of the county or 
 participating portion of a county with the lowest value 
 calculated according to paragraph (a) to the amount of the 
 county or participating portion of a county with the next 
 highest value calculated according to paragraph (a).  Multiply 
 the amount of the additional grant funds by the population of 
 the county or participating portion of a county. 

    (c) Continue the process described in paragraph (b) by 
 adding sufficient grant funds that are available under this 
 subdivision to the amount of a county or participating portion 
 of a county with the next highest value calculated in paragraph 
 (a) to raise it and the amount of counties and participating 
 portions of counties with lower values calculated in paragraph 
 (a) up to the amount of the county or participating portion of a 
 county with the next highest value, until reaching an amount 
 where funds available under this subdivision are no longer 
 sufficient to raise the amount of a county or participating 
 portion of a county and the amount of counties and participating 
 portions of counties with lower values up to the amount of the 
 next highest county or participating portion of a county. 

    (d) If the point is reached using the process in paragraphs 
 (b) and (c) at which the remaining grant funds under this 
 subdivision are not adequate for raising the amount of a county 
 or participating portion of a county and all counties and 
 participating portions of counties with amounts of lower value 
 to the amount of the county or participating portion of a county 
 with the next highest value, those funds are to be divided on a 
 per capita basis for all counties or participating portions of 
 counties that received grant funds under the calculation in 
 paragraphs (b) and (c). 

    Subd. 6.  MS 1978 Expired 

    Subd. 6.    Population determination.  Population shall 
 be determined according to section 477A.011, subdivision 3. 

    HIST: 1978 c 546 s 6; 1979 c 334 art 9 s 7,8; 1981 c 358 art 6 
 s 27; 1Sp1985 c 12 art 9 s 1; 1988 c 719 art 5 s 84; 1989 c 329 
 art 13 s 20; 1991 c 265 art 10 s 4; 1993 c 375 art 7 s 4 

     134.351 Multicounty, multitype library systems. 

    Subdivision 1.    Establishment.  The commissioner of 
 children, families, and learning, upon the advice of the 
 advisory council to the office of library development and 
 services, may approve the establishment of multicounty, 
 multitype library systems and the geographic boundaries of those 
 systems.  

    Subd. 2.    Services.  Each multicounty, multitype 
 library system is encouraged to develop services including, but 
 not limited to the following:  referral of users, intrasystem 
 reciprocal borrowing, cooperative collection development, 
 cooperative reference services, staff development, research and 
 development, cooperative storage facilities, publicity and 
 community relations.  

    Subd. 3.    Agreement.  In order for a multicounty, 
 multitype library system to qualify for a planning, development 
 or operating grant pursuant to sections 134.353 and 134.354, 
 each participating library in the system shall adopt an 
 organizational agreement providing for the following:  

    (a) Sharing of resources among all participating libraries; 

    (b) Long-range planning for cooperative programs; 

    (c) The development of a delivery system for services and 
 programs; 

    (d) The development of a bibliographic database; and 

    (e) A communications system among all cooperating libraries.

    Subd. 4.    Governance.  (a) In any area where the 
 boundaries of a proposed multicounty, multitype library system 
 coincide with the boundaries of the regional library system or 
 district, the regional library system or district board shall be 
 designated as the governing board for the multicounty, multitype 
 library system.  In any area where a proposed multicounty, 
 multitype library system encompasses more than one regional 
 library system or district, the governing board of the 
 multicounty, multitype library system shall consist of nine 
 members appointed by the cooperating regional library system or 
 district boards from their own membership in proportion to the 
 population served by each cooperating regional library system or 
 district.  In each multicounty, multitype library system there 
 shall be established an advisory committee consisting of two 
 representatives of public libraries, two representatives of 
 school media services, one representative of special libraries, 
 one representative of public supported academic libraries, and 
 one representative of private academic libraries.  The advisory 
 committee shall recommend needed policy to the system governing 
 board. 

    (b) Upon recommendation from its advisory committee, a 
 multitype library cooperation system governing board may choose 
 to reconstitute the governance of the multitype system by the 
 creation of a combined board which replaces the previous 
 governing board and advisory committee.  A combined board shall 
 consist of five or seven citizens, not employed in library or 
 information services, and four library or information service 
 workers.  The constituent regional public library system boards 
 shall select the citizen members from the at-large population of 
 the region.  In any area where a multicounty, multitype library 
 system encompasses more than one regional public library system, 
 cooperating regional system boards shall appoint citizen members 
 of the combined board members in proportion to the population of 
 each cooperating regional system.  The combined board members 
 who are library and information workers shall be selected, one 
 from each type of library:  academic, public, school, and 
 special.  Governing board members of the combined board shall 
 serve two-year terms for no more than three successive terms 
 with the members of the first combined board serving one- and 
 two-year terms as determined by lot with a simple majority 
 serving for two years.  Elections shall be pursuant to the 
 adopted bylaws of the multitype system and may provide 
 additional requirements to those in this section.  New combined 
 governing boards shall take effect at the beginning of the 
 fiscal year, July 1, and shall continue the authority, 
 ownership, and obligations of the previously constituted 
 multitype system in its region. 

    Subd. 5.    Property.  All property given, granted, 
 conveyed, donated, devised or bequeathed to, or otherwise 
 acquired by any multicounty multitype library system board shall 
 vest in, and be held in the name of, the multicounty multitype 
 library system board.  Any conveyance, grant, donation, devise, 
 bequest, or gift made to, or in the name of, any multicounty 
 multitype library system shall be deemed to have been made 
 directly to the multicounty multitype library system board.  

    Subd. 6.    Ratification.  All property heretofore 
 given, granted, conveyed, donated, devised, bequeathed to, or 
 otherwise acquired by any multicounty multitype library system 
 board is hereby validated, ratified and confirmed as the 
 property of the board.  

    Subd. 7.    Reports.  Each multicounty, multitype system 
 receiving a grant pursuant to section 134.353 or 134.354 shall 
 provide an annual progress report to the department of children, 
 families, and learning. 

    HIST: 1979 c 334 art 9 s 9; 1981 c 358 art 6 s 28-30; 1983 c 
 314 art 11 s 13,14; 1Sp1985 c 12 art 9 s 2; 1988 c 718 art 7 s 
 53; 1991 c 265 art 11 s 21; 1993 c 375 art 7 s 5; 1Sp1995 c 3 
 art 10 s 3; art 16 s 13; 1998 c 398 art 5 s 55 

  134.352 Repealed, 1983 c 314 art 11 s 21 

     134.353 Multicounty, multitype library system 
  development grant. 

    The commissioner of children, families, and learning may 
 provide development grants to multicounty, multitype library 
 systems.  In awarding a development grant, the commissioner 
 shall consider the extra costs incurred in systems located in 
 sparsely populated and large geographic regions. 

    HIST: 1979 c 334 art 9 s 11; 1983 c 314 art 11 s 15; 1998 c 
 398 art 5 s 55 

     134.354 Multicounty, multitype library system operating 
  grant. 

    The commissioner of children, families, and learning may 
 provide operating grants to multicounty, multitype library 
 systems.  In awarding an operating grant, the commissioner shall 
 consider the extra costs incurred in systems located in sparsely 
 populated and large geographic areas.  

    HIST: 1983 c 314 art 11 s 16; 1998 c 398 art 5 s 55 

     134.36 Rules. 

    The commissioner of children, families, and learning shall 
 promulgate rules as necessary for implementation of library 
 grant programs.  

    HIST: 1978 c 546 s 7; 1981 c 358 art 6 s 31; 1983 c 314 art 11 
 s 17; 1998 c 398 art 5 s 55 

     134.40 Protection of library material. 

    Section 609.541 describes misuse of library materials and 
 prescribes penalties for intentional removal of, damage to, and 
 detention of library materials.  

    HIST: 1983 c 280 s 1 

     134.41 Library construction; joint financing. 

    Subdivision 1.    Local government unit defined.  For 
 purposes of this section, the term "local government unit" means 
 a home rule charter or statutory city, county, or town. 

    Subd. 2.    Powers.  A local government unit may agree 
 with other local government units to subject taxable property 
 within their boundaries to taxation to discharge debt incurred 
 for the construction of a library and related facilities.  The 
 portion of the debt to be discharged by taxation in each unit 
 must be set by agreement.  A unit may also agree to discharge a 
 portion of the costs of construction or debt incurred for the 
 costs by a transfer of money available to the unit that the unit 
 is not obliged by law to use for some other purpose.  A proposed 
 agreement that has a town as a party must be approved at the 
 town's annual meeting by the electors before the agreement is 
 effective.  Obligations for the purpose may be issued jointly by 
 the agreeing units without an election and are not subject to 
 the general limit on net debt in any unit.  In other respects, 
 the debt must be incurred and discharged in accordance with 
 chapter 475. 

    HIST: 1987 c 380 art 2 s 1 

     134.45 Library accessibility grants. 

    Subdivision 1.    Application; definition.  Public 
 library jurisdictions may apply to the commissioner of children, 
 families, and learning for grants to improve accessibility to 
 their library facilities. For the purposes of this section, 
 "public library jurisdictions" means regional public library 
 systems, regional library districts, cities, and counties 
 operating libraries under chapter 134. 

    Subd. 2.    Approval by commissioner.  The commissioner 
 of children, families, and learning, in consultation with the 
 state council on disability, may approve or disapprove 
 applications under this section.  The grant money must be used 
 only to remove architectural barriers from a building or site. 

    Subd. 3.    Application forms.  The commissioner of 
 children, families, and learning shall prepare application forms 
 and establish application dates.  

    Subd. 4.    Match.  A public library jurisdiction 
 applying for a grant under this section must match the grant 
 with local funds. 

    Subd. 5.    Qualification.  A public library 
 jurisdiction may apply for a grant in an amount up to $150,000 
 or 50 percent of the approved costs of removing architectural 
 barriers from a building or site, whichever is less.  Grants may 
 be made only for projects in existing buildings used as a 
 library, or to prepare another existing building for use as a 
 library.  Grants must not be used to pay part of the cost of 
 meeting accessibility requirements in a new building. 

    Subd. 5a.    Prohibition on pornographic use of Internet. 
  A public library jurisdiction is not eligible for a grant 
 under this section unless it has adopted a policy to prohibit 
 library users from using the library's Internet access to view, 
 print, or distribute material that is obscene within the meaning 
 of section 617.241. 

    Subd. 6.    Award of grants.  The commissioner, in 
 consultation with the state council on disability, shall examine 
 and consider all applications for grants.  If a public library 
 jurisdiction is found not qualified, the commissioner shall 
 promptly notify it.  The commissioner shall prioritize grants on 
 the following bases:  the degree of collaboration with other 
 public or private agencies, the public library jurisdiction's 
 tax burden, the long-term feasibility of the project, the 
 suitability of the project, and the need for the project.  If 
 the total amount of the applications exceeds the amount that is 
 or can be made available, the commissioner shall award grants 
 according to the commissioner's judgment and discretion and 
 based upon a ranking of the projects according to the factors 
 listed in this subdivision.  The commissioner shall promptly 
 certify to each public library jurisdiction the amount, if any, 
 of the grant awarded to it. 

    Subd. 7.    Project budget.  A public library 
 jurisdiction that receives a grant must provide the commissioner 
 with the project budget and any other information the 
 commissioner requests. 

    HIST: 1994 c 643 s 63; 1Sp1995 c 3 art 16 s 13; 1996 c 463 s 
 39,40; 2000 c 492 art 1 s 49 

  134.46 Repealed, 1Sp1997 c 4 art 9 s 13 

     134.50 Internet access; libraries. 

    (a) Recognizing the difference between public libraries, 
 which are designed for public inquiry, and school libraries, 
 school computer labs, and school media centers, which serve 
 unique educational purposes, all public library computers with 
 access to the Internet available for use by children under the 
 age of 17 must be equipped to restrict, including by use of 
 available software filtering technology or other effective 
 methods, all access by children to material that is reasonably 
 believed to be obscene or child pornography or material harmful 
 to minors under federal or state law. 

    (b) A public library is not required to purchase filtering 
 technology if the public library would incur more than 
 incidental expense in making the purchase. 

    (c) A public library that receives state money must 
 prohibit, including through the use of available software 
 filtering technology or other effective methods, adult access to 
 material that under federal or state law is reasonably believed 
 to be obscene or child pornography.  A public library may remove 
 a person from the library if the person gains access or attempts 
 to gain access to materials prohibited under this section by 
 intentionally bypassing the filtering technology or other method 
 used by the library. 

    (d) A public library, its agents or employees, are immune 
 from liability for failure to comply with this section if they 
 have made a good faith effort to comply with the requirements of 
 this section. 

    (e) This section does not apply to the libraries of 
 post-secondary institutions. 

    HIST: 2000 c 489 art 6 s 27