Current through Register Vol. 43, No. 02, November 27, 2024
(1) These
Guidelines for the Development and Approval of Agreements to Provide Library
Service Across State Lines have been jointly developed by the Alabama Attorney
General and the APLS Executive Board with the assistance of the Interstate
Library Cooperation Committee. Their purpose is to aid eligible public library
agencies, defined as "any unit or agency of local or state government operating
or having power to operate a library", who are seeking to enter into such
agreements in order to raise the level of library service offered to the
citizens of Alabama and adjacent states.
(2) Created in response to a growing number
of requests for information on providing cooperative library service where
multi-state delivery would be "effective", "adequate", and "efficient", these
Guidelines aim at providing librarians and their governing bodies with an
understanding of the procedures necessary to develop interstate library
agreements among two or more states. In no way do these Guidelines attempt to
substitute for those sections of the Code of Ala.
1975, which define the statutory requirements for such agreements.
Rather, they are designed to serve as an aid to understanding the extent and
meaning of the statutes.
(3)
Although these Guidelines are intended primarily for the benefit of Alabama's
public libraries, many of the principles within will prove useful to public
school systems or public colleges and universities seeking to provide, or
benefit from, library service across state boundaries. Both the Alabama
Attorney General and the APLS Director will assist, where requested, in the
development of agreements. All such non-public library agreements will require
approval by the Alabama Attorney General and copies of such agreements must be
filed with the APLS Director, Alabama's designated compact
administrator.
(4) Eligible parties
to an interstate library agreement: Public library agencies may contract to
establish interstate library districts through a library agreement for the
provision of specified library services. Private library agencies cannot
establish such distric4ts but may participate in them once they are
established. The Code of Alabama provides the following definitions:
(a)
Public library
agency means any unit or agency of local or state government
operating or having power to operate, a library
(b)
Private library
agency means any nongovernmental entity which operates or assumes
a legal obligation to operate a library.
(c)
Library
agreement means a contract for establishing an interstate library
district pursuant to this compact or providing for the joint or cooperative
furnishing of library services.
(d)
In addition, the
Code of Alabama implies the following
definition:
Interstate library district means the
areas of two or more states which are included in the contract or library
agreement providing for service across state lines. As explained in Section
41-8-21,
Article III, an interstate library district may be as simple as a contract
defining how the citizens of a town in one state can make use of a public
library supported by a town in an adjacent state. On the other hand, Article IV
of the same section allows for the creation of a more elaborate type of
interstate library district which, instead of providing for services from an
existing public library agency, actually has its own governing board,
facilities, and staff to provide services itself.
(5) Recommended procedures for establishing
an interstate library agreement:
(a) It is
highly recommended that the Alabama public library agency, as defined in
Section 4.1 of these Guidelines contact APLS before attempting to enter into an
interstate library agreement. The complexities involved in securing
ratification of such agreements from a minimum of four agencies in two
different states require a considerable amount of time and effort. Since such
agreements involve a large number of interested parties, the effort to upgrade
local levels of library service can only suffer if the agreement is rejected in
the review process because it violates the laws or library regulations of
either state.
(b) A public library
agency seeking to enter into an interstate library agreement should obtain the
services of qualified legal counsel. Since the interstate library agreement is
actually a contract involving the expenditure of public funds, the individuals
or organizations involved could be held liable for any misuse of such
monies.
(c) Any interstate library
agreement will need to be drawn up in recognition that it could require the
approval of additional state agencies, both within Alabama and in the state
which contains the other party(s) to the agreement. As a result, the
contracting parties may wish to consult these agencies before the agreement is
actually signed.
Code of Ala. 1975, §
41-8-21,
Article VIII, outlines the approval process.
(d) The
Code of Ala.
1975, provides great flexibility in allowing the contracting
parties to develop an interstate library agreement-and the resulting interstate
library district-in a manner best suited to local needs. As a result, it is
impossible to provide examples of every possible type of interstate library
agreement.
(6) The
parties to an interstate library agreement may decide, at their option, to seek
the necessary approvals first in Alabama or in the other state involved in the
agreement. Where the agreement involves Alabama public libraries or public
library service in the normal use of the term, the following procedures must be
followed:
(i) The agreement is to be sent to
the APLS Director, who will review its terms for compliance with the
regulations governing state and federal funding for public libraries. If the
agreement is in accord with these regulations, the APLS Director will sign the
document and forward it to the Alabama Attorney General.
(ii) If the Alabama Attorney General finds
that the agreement is in accord with Alabama law, he will approve it and, if
necessary, will send it to any other state agencies whose approval is required
by the terms of the contract.
(iii)
If approval of the agreement has not yet been obtained from the other state
involved, it will be returned to the APLS Director for transmission to his
counterpart in the other state.
(iv) After all necessary approvals have been
obtained, the parties to the interstate library agreement must deposit an
original of the agreement with each of the state agencies whose approval was
required. This necessity should be kept in mind at the time when the agreement
is signed.
(v) As provided by law,
the copy sent to the APLS Director will become the copy of record at the state
level.
(7) Financial
support of interstate library districts: All interstate library agreements
should address, within the contract, the basis of support for whatever library
service is to be provided. The varied nature of the possible parties to an
interstate library agreement once again makes it impossible to suggest criteria
suitable to all agreements. However, certain broad observations can be made.
(a) It is illegal for the public funds of one
state to be used for the benefit of the citizens of another state.
(b) The costs of providing library service
under an interstate library agreement should be borne on a fair and equal basis
by the areas served. For public libraries, it is recommended that the per
capita level of local support to be used as a guideline in this area. This is
recommended since a per capita basis provides for a fair distribution of costs
and also avoids the need to frequently re-write the agreement in a time of
rising inflation and increasing library costs.
(c) If an interstate library agreement
provides for differing levels of service, the per capita basis of support
should be adjusted accordingly.
(d)
If the interstate library agreement provides for public library service, the
Alabama part of the interstate library district is eligible for Alabama state
aid on the basis of recognition as an independent library, a member library of
a library region, or a library region. Such recognition is contingent on
meeting the appropriate criteria for state aid. The district is eligible for
federal grants administered by the Alabama Public Library Service provided that
it is recognized as an Alabama library region, or a part of an Alabama library
region which otherwise receives federal funds, or seeking to achieve the status
of a library region.
(8)
As provided by law, the APLS Director is the administrator of the interstate
compact law. All interstate library agreements are required to be on file with
the APLS Director who, on request, will make available copies of agreements
which have already received state approval.
Author: Alabama Public Library Service
Statutory Authority:
Code of Ala.
1975, §§
41-8-1 to
41-8-25.
The Alabama definitions of parties eligible to enter into such agreements are
extensive and are scattered throughout Alabama's library laws. However, the
definitions most applicable to public libraries are contained in Sections
11-90-1 to
11-90-4 and
11-57-1 to
11-57-26.
The legislation outlining the role of the Alabama Public Library Service is
presented in Section
41-8-1 through
41-8-25,
with the general definition of powers and duties contained in Section
1-8-5.