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CHAPTER 134. PUBLIC LIBRARIES; MULTICOUNTY, MULTITYPE LIBRARIES

Table of Sections
SectionHeadnote
134.0001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
134.001DEFINITIONS.
134.01Renumbered 123.60
134.02Renumbered 123.601
134.03Repealed, 1983 c 314 art 11 s 21
134.035Repealed, 1978 c 546 s 8
134.04Renumbered 121.496
134.05Repealed, 1963 c 10 s 1
134.06Repealed, 1983 c 314 art 11 s 21
134.07PUBLIC LIBRARY SERVICE.
134.08ESTABLISHING AND DISCONTINUING LIBRARY SERVICE; APPLICABILITY OF LAW.
134.09LIBRARY BOARDS.
134.10BOARD VACANCIES; COMPENSATION.
134.11ORGANIZATION OF BOARD; DUTIES.
134.12BENEFITS OF LIBRARY.
134.13ANNUAL REPORT.
134.14TITLE TO PROPERTY; FREE USE.
134.15GIFTS.
134.155Repealed, 1999 c 241 art 8 s 5
134.16Repealed, 1983 c 314 art 11 s 21
134.17Repealed, 1965 c 45 s 73
134.18PRIVILEGES EXTENDED TO COUNTIES AND STATUTORY CITIES.
134.19Repealed, 1983 c 314 art 11 s 21
134.195LIBRARY OPERATED BY CITY AND SCHOOL DISTRICT.
134.20REGIONAL PUBLIC LIBRARY SYSTEMS.
134.201REGIONAL LIBRARY DISTRICT.
134.21INTERSTATE LIBRARY COMPACT.
134.22COMPACT ADMINISTRATOR.
134.23AGREEMENTS.
134.24ENFORCEMENT OF COMPACT.
134.30Renumbered 134.001
134.31DEPARTMENT OF EDUCATION; LIBRARY RESPONSIBILITIES.
134.32GRANT AUTHORIZATION; TYPES OF GRANTS.
134.33
134.34REGIONAL LIBRARY BASIC SYSTEM SUPPORT GRANTS; REQUIREMENTS.
134.341COUNTY FINANCIAL SUPPORT.
134.342ALLOCATION OF LEVY AUTHORITY.
134.35
134.351MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.
134.352Repealed, 1983 c 314 art 11 s 21
134.353MULTICOUNTY, MULTITYPE LIBRARY SYSTEM DEVELOPMENT GRANT.
134.354MULTICOUNTY, MULTITYPE LIBRARY SYSTEM OPERATING GRANT.
134.355BASIC REGIONAL LIBRARY SYSTEM; SUPPORT.
134.36RULES.
134.40PROTECTION OF LIBRARY MATERIAL.
134.41LIBRARY CONSTRUCTION; JOINT FINANCING.
134.45LIBRARY ACCESSIBILITY AND IMPROVEMENT GRANTS.
134.46Repealed, 1Sp1997 c 4 art 9 s 13
134.47
134.50INTERNET ACCESS; LIBRARIES.
134.0001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
134.001 DEFINITIONS.
    Subdivision 1. Scope. The terms used in this chapter have the meanings given them in
this section.
    Subd. 2. Public library. "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. "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 postsecondary educational institutions.
    Subd. 4. Regional public library system. "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. "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. "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. "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.
History: 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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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
Education on forms supplied by the department.
History: (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; 2003 c 130 s 12
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.
History: (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.
History: (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.
History: (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.
History: 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. Regional library property; 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. Multicounty regional public library; 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.
History: 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 education 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 education, 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.
History: 1993 c 375 art 7 s 3; 1Sp1995 c 3 art 16 s 13; 1998 c 398 art 5 s 55; 2003 c 130 s 12
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.
History: 1967 c 4 s 1
134.22 COMPACT ADMINISTRATOR.
The commissioner of education shall designate an officer or employee of the Department
of Education 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.
History: 1967 c 4 s 2; 1986 c 444; 1Sp1995 c 3 art 16 s 13; 1998 c 398 art 5 s 55; 2003
c 130 s 12
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.
History: 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.
History: 1967 c 4 s 4
134.30 [Renumbered 134.001]
134.31 DEPARTMENT OF EDUCATION; LIBRARY RESPONSIBILITIES.
    Subdivision 1. Library service. 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. Advice and instruction. The Department of Education 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 postsecondary 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. Library resources. 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. Collect statistics. 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 134.355.
    Subd. 5.[Repealed, 2001 c 161 s 58]
    Subd. 6. 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 not expire.
History: 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; 1Sp2001 c 3 art 4 s
2; 2003 c 130 s 12; 1Sp2003 c 9 art 6 s 5; art 12 s 21; 1Sp2005 c 5 art 3 s 15
134.32 GRANT AUTHORIZATION; TYPES OF GRANTS.
    Subdivision 1. Provision of grants. 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. Regional library basic system support grants. 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. Special project grants. 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. Interlibrary exchange grants. 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. Library service grants. It may provide grants for the improvement of library
services at welfare and corrections institutions and for library service for the blind and physically
disabled.
    Subd. 7. Construction or remodeling grants. It may provide grants for construction
or remodeling of library facilities from any state and federal funds specifically appropriated
for this purpose.
    Subd. 8. Rulemaking. (a) The commissioner shall promulgate rules consistent with sections
134.32 to 134.355 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.
History: 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; 1Sp2003 c 9 art 6 s 5; 2005 c 56 s 1
    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 Education. 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
Education 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
education as the appropriate agency to strengthen, improve and promote public library services in
the participating areas. The commissioner of education 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. Limitation. 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.
History: 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; 2003 c 130 s 12; 1Sp2003 c 9 art 6 s 1,6
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 education 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.
History: 1987 c 398 art 9 s 2; 1995 c 186 s 40; 1998 c 398 art 5 s 55; 2003 c 130 s 12
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 education 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 education 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]
History: 1990 c 604 art 3 s 5; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12
    Subdivision 1.[Renumbered 134.355, subd 2]
    Subd. 2.[Renumbered 134.355, subd 3]
    Subd. 3.[Renumbered 134.355, subd 4]
    Subd. 4.[Renumbered 134.355, subd 5]
    Subd. 5.[Renumbered 134.355, subd 6]
    Subd. 6.[Expired]
    Subd. 6.[Renumbered 134.355, subd 7]
134.351 MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.
    Subdivision 1. Establishment. The commissioner of education, 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 Education.
History: 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; 2003 c 130 s 12
134.352 [Repealed, 1983 c 314 art 11 s 21]
134.353 MULTICOUNTY, MULTITYPE LIBRARY SYSTEM DEVELOPMENT GRANT.
The commissioner of education 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.
History: 1979 c 334 art 9 s 11; 1983 c 314 art 11 s 15; 1998 c 398 art 5 s 55; 2003 c 130 s 12
134.354 MULTICOUNTY, MULTITYPE LIBRARY SYSTEM OPERATING GRANT.
The commissioner of education 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.
History: 1983 c 314 art 11 s 16; 1998 c 398 art 5 s 55; 2003 c 130 s 12
134.355 BASIC REGIONAL LIBRARY SYSTEM; SUPPORT.
    Subdivision 1. Appropriations. Basic system support grants and regional library
telecommunications aid provide the appropriations for the basic regional library system.
    Subd. 2. 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. 3. Per capita distribution. 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. 4. Per square mile distribution. 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. 5. Base grant distribution. Five percent of the available grant funds shall be paid to
each system as a base grant for basic system services.
    Subd. 6. Adjusted net tax capacity per capita distribution. 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. 7. Population determination. Population shall be determined according to section
477A.011, subdivision 3.
    Subd. 8. Eligibility. A regional public library system may apply for regional library
telecommunications aid. The aid must be used for data and video access maintenance, equipment,
or installation of telecommunication lines. To be eligible, a regional public library system must
be officially designated by the commissioner of education as a regional public library system as
defined in section 134.34, subdivision 3, and each of its participating cities and counties must
meet local support levels defined in section 134.34, subdivision 1. A public library building that
receives aid under this section must be open a minimum of 20 hours per week.
    Subd. 9. Telecommunications aid. An application for regional library telecommunications
aid must, at a minimum, contain information to document the following:
(1) the connections are adequate and employ an open network architecture that will ensure
interconnectivity and interoperability with school districts, postsecondary education, or other
governmental agencies;
(2) that the connection is established through the most cost-effective means and that the
regional library has explored and coordinated connections through school districts, postsecondary
education, or other governmental agencies;
(3) that the regional library system has filed an e-rate application; and
(4) other information, as determined by the commissioner of children, families, and learning,
to ensure that connections are coordinated, efficient, and cost-effective, take advantage of
discounts, and meet applicable state standards.
The library system may include costs associated with cooperative arrangements with
postsecondary institutions, school districts, and other governmental agencies.
    Subd. 10. Award of funds. The commissioner of education shall develop an application
and a reporting form and procedures for regional library telecommunications aid. Aid shall be
based on actual costs of connections and funds available for this purpose. The commissioner shall
make payments directly to the regional public library system.
History: 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;
1Sp2001 c 3 art 4 s 3; 1Sp2003 c 9 art 6 s 2,3,5; 2004 c 294 art 5 s 22
134.36 RULES.
The commissioner of education shall promulgate rules as necessary for implementation
of library grant programs.
History: 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; 2003 c 130 s 12
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.
History: 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.
History: 1987 c 380 art 2 s 1
134.45 LIBRARY ACCESSIBILITY AND IMPROVEMENT GRANTS.
    Subdivision 1. Application; definition. Public library jurisdictions may apply to the
commissioner of education for grants for improvements and 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 education, in consultation with
the state Council on Disability, may approve or disapprove applications under this section. The
grant money must be used to remove architectural barriers from a building or site, to renovate or
expand an existing building for use as a library, or to construct a new library building.
    Subd. 3. Application forms. The commissioner of education 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; accessibility grants. A public library jurisdiction may apply for a
grant in an amount up to $200,000 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.
Renovation of an existing building may include an addition to the building if the additional
space is necessary to provide accessibility or if relocating public spaces to the ground level
provides improved overall accessibility. 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. 5b. Qualification; improvement grants. A public library jurisdiction may apply for a
grant in an amount up to $1,000,000 or 50 percent, whichever is less, of the approved costs of
renovating or expanding an existing library building, or to construct a new library building.
    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.
History: 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; 2002 c 393 s 52; 2003 c 130 s 12; 2005 c 20 art 1 s 34
134.46 [Repealed, 1Sp1997 c 4 art 9 s 13]
    Subdivision 1.[Paragraph (a) renumbered 134.355, subd 8]
[Paragraph (b) renumbered 134.355, subd 9]
    Subd. 2.[Renumbered 134.355, subd 10]
    Subd. 3.[Repealed, 2004 c 294 art 5 s 22]
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 postsecondary institutions.
History: 2000 c 489 art 6 s 27

Official Publication of the State of Minnesota
Revisor of Statutes