NATIONAL CENTER FOR EDUCATION STATISTICS

Technical Report March 1996

Public Libra~Structure and

Organizationin the United States

Stephen OwensBureau of the Census

Carrel Kindel, Project OfficerNational Center for Education Statistics

U.S. Department of EducationOffice of Educational Research and Improvement NCES 96-229

U.S. Department of EducationRichard W. RileySecretary

Office of Educational Research and ImprovementSharon P. RobinsonAssistant Secretary

National Center for Education StatisticsJeanne E. GriffithActing Commissioner

The National Center for Education Statistics (NCES) is the primary federal entity for collecting,analyzing, and reporting data related to education in the United States and other nations. Itfulfills a congressional mandate to collect, collate, analyze, and report full and completestatistics on the condition of education in the United States; conduct and publish repotts andspecialized analyses of the meaning and significance of such statistics; assist state and localeducation agencies in improving their statistical systems; and review and report on educationactivities in foreign countries.

NCES activities are designed to address high priority education data needs; provide consistent,reliable, complete, and accurate indicators of education status and trends; and repoti timely,useful, and high quality data to the U.S. Department of Education, the Congress, the states,other education policy makers, practitioners, data users, and the general public.

We strive to make our products available in a variety of formats and in language that isappropriate to a variety of audiences. You, as our customer, are the best judge of our successin communicating information effectively. If you have any comments or suggestions about thisor any other NCES product or report, we would like to hear from you, Please direct yourcomments to:

National Center for Education StatisticsOffice of Educational Research and ImprovementU.S. Department of Education555 New Jersey Avenue NWWashington, DC 20208–5574

March 1996

Contact:Carrel Kindel(202) 219-1371

For sale by the U.S. Government Printing Office

Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328

ISBN 0 - 1 6 - 0 5 3 1 9 2 - 6

FOREWORD

This report was prepared for the National Center for Education Statistics (NCES) by the Governments Division of the U.S.Bureau of the Census. The principal author was Stephen Owens of the Governments Division. This report is the fifth ina series that constitutes a comprehensive evaluation of the public library statistics program carried out amually by theFederal State Cooperative System for Public Library Data (the FSCS). The FSCS membership consists of the Federalgovernment (through the NCES), the state governments (generally through their respective state library agencies), andrepresentatives from the National Commission on Libraries and Information Science and the American Library Association.

The purposes of the comprehensive evaluation are several. One goal is to raise specific information collection issues fordiscussion among the participants in the FSCS and the professional libraq community in general. Another goal is to serveas a background for revising the FSCS classification structure. This evaluation is also intended to promote standardapplication of the classtication system by survey respondents. This report contributes to the comprehensive evaluation byproviding reference information about the legal structure and organization of public libraries within the 50 states and theDistrict of Columbia.

Assistance from the many state library agencies, the FSCS liaisons in the states, and representatives from the AmericanLibrary Association and the National Commission on Libraries and Information Science is gratefully acknowledged.

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TABLE OF CONTENTS

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...1

CHAPTER 1. PUBLIC LIBRARIES INTHEUNITED STATES . . . . . . . ...3

CHAPTER2. THELEGAL STRUCTUREAND O R G A N I Z A T I O N OFPUBLICLIBRARIES 13ALABAMA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...13ALASKA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, ., . .,, .,, . . . . . . . . . . . . . . ...14ARIZONA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...14ARKANSAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...14CALIFORNIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,..,.,,..,..........,,.,14COLORADO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . .,, ,, ., . . . . . . . . . . . . ...15CONNECTICUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .,, .,, .,, . . . . . . . . . . . ...16DELAWARE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,, .,, .,, ,,, .,, ., . . . . . . ...16DISTRICT OF COLUMBIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...17FLORIDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...17GEORGIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...18HAWAII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...18IDAHO, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...18ILLINOIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...18INDIANA ., ., . .,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...19IOWA . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . ...20KANSAS . . . . . . . . . . . . . . . . . . , . ., . . . . . . . . . ...20KENTUCKY, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,,, ,,, ,,, ,,, ,,, ,, ., .,.....21LOUISIANA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...21MAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...22MARYLAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .,, .,, , ., . ., . ., . . . . . . ...23MASSACHUSETTS . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . ...23MICHIGAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...24MINNESOTA ,, .,,,,,.,25MISSISSIPPI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...25MISSOURI . . . . . . . . . . . . . . . . . . . . ., .,, . ., . ., ., . .,, . . . . . . ...26MONTANA . . . . . . . . . . . . . . . . . . . ,,, ., .,, . ., .,, . . . . . . . . . ...26NEBRASKA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, .,, ,,, ,,, .,, .,, ., . . . . ...27NEVADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .,, .,, ,,, . ., ., . . . . . . . ...27NEWHAMPSHIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .,,.,,.,,.,..,.........,28NEW JERSEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...28NEWMEXICO, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...29NEW YORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .,...............,....,,30NORTH CAROLINA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...,.,................,.,31NORTHDAKOTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...31OHIO . . . . . . . . . . . . . . . . . . . ., . ., . . . . . . . . . . ...32OKLAHOMA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...33O~GON . ., .,, . .,, ,,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . ...33PENNSYLVANIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...34RHODE ISLAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...35

v

SOUTH CAROLINA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...35SOUTHDAKOTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...35TENNESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...36TEXAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...36UTAH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...37VERMONT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...37VIRGINIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...38WASHINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...38WEST VIRGINIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...39WISCONSIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...39WYOMING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ., . . . . . . . . . . . . . . . . . . . . ...40

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LIST OF TABLES

Tablel. Number of Public Libraries and Facilities, by State: l993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Table 2. Legal Basis for Public Libraries, by State: 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...11

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ABBREVIATIONS USED IN THIS REPORT

The following abbreviations are used frequently throughout this report:

FSCS-Federal State Cooperative System--a formal system whereby the state and federal governments work together tocollect public library information and statistics. Established by law, with full participation by the National Center forEducation Statistics, state library agencies, and the National Commission on Libraries and Information Science. The fulltitle is the Federal State Cooperative System for Public Library Data.

FSCS/PLS--Federal State Cooperative System/Public Library Statistics Program--refers to the statistical programor data set of the annual public library census.

NCES--National Center for Education Statistics--the federal agency, within the Department of Education, that isresponsible for collecting librmy statistics on a national scale.

PLS-Public Library Statistics Program-the annual census of public libraries conducted by the Federal State CooperativeSystem and released by the National Center for Education Statistics. The program for which this evaluation is being done.

. . .VIII

INTRODUCTION

There were 8,929 public libraries in the United States, according to the FSCS public library census covering 1993. TheFSCS defines a public library as follows:

A public libra~ is established under state enabling laws or regulations to serve the residents of a communi~,district, or region. A public libra~ is an entity that provides at least the following: 1) an organized collectionof printed or other library materials, or a combination thereoj 2) a paid staff to provide and interpret suchmaterials as required to meet the informational, cultural, recreational, anlor educational needs of a clientele;3) an established schedule in which services of the staff are available to clientele; and 4) the facilities necessa~to support such a collection, stafj and schedule.

Note: State law determines whether an entity is a public libra~.

In this deftition, the FSCS explicitly recognizes the importance of defining public libraries in terms of the legal basis thatpermits their creation and regulates their activities within each state. This report contains a description of the public librarystructure and organizatio~ as found in the legal authorities (usually statutes) of each state government. Chapter one of thisreport contains summary information about the number of public libraries in each state. The information was derived fromthree sources--the 1993 FSCS public library census, individual state library directories, and the 1992 Census ofGovernments conducted by the Bureau of the Census, Chapter two of this report contains a detailed description of the lawsthat govern the organization and operation of public libraries throughout the 50 states and the District of Columbia.

It should be noted that this report is contked to public libraries only. It does not cover information about special libraries,academic libraries, school libraries, libray networks, and other library-type entities that exist. The two most notableexclusions from this report are state libraries and local government law libraries, for which a considerable amount oforganizational and regulatory references are found in many of the states’ legal codes. State library agencies usually offerlibrary services directly to the public, as do local public libraries. However, they are excluded here because they generallyare classii%d as a catego~ unto themselves for statistical purposes. As such, they are separate from public libraries, whichare almost always aflliated with local governments of one type or another. Law, or legal libraries also occur with somefi-equency among local governments across the Nation. However, they too generally fall outside of the scope of the definitionapplied to public libraries and are considered instead to be a type of special library.

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CHAPTER 1. PUBLIC LIBRARIES IN THEUNITED STATES

Introduction

Table 1 (p. 10) shows the number of public libraries inthe United States, by state, as tabulated horn the 1993FSCS public library statistics program. The count ofpublic libraries has been relatively stable since 1989,when the FSCS first conducted a comprehensive censusintended to identifi public libraries and measure some oftheir activities:

PublicLibrary

m m

1989 8,9681990 8,9781991 9,0501992 8,9461993 8,929

The modest fluctuation in count from year-to-year is theresult of four factors. One is the creation of new libraries.Second is the dissolution of existing public libraries,primarily among the smaller-sized entities. Third, therealso has been some merger activity among publiclibraries. Fourth, there have been minor definitionalchanges.

Table 1 also contains statistics on the number of publiclibrary facilities, by type, as found in the FSCS census.The term “centrals” refers to the main library facility. Itis the single facility in the case of single outlet publiclibraries, or the facility that serves as the operationalcenter of a multiple-outlet public libraxy and houses itsmain collection. * The term “branches” refers to anauxiliary unit of a public library. A branch must have allof the following: 1) separate quarters; 2) an organizedcollection of library materials; 3) paid stti, and 4)regularly scheduled hours.

FSCS Classification

The FSCS includes, as part of its annual public librarycensus, a question on the legal basis for each publiclibrary reported. The results from that question for 1993are shown in Table 2, according to the legal basiscategories contained in the FSCS. The FSCS legalcategories and their respective definitions are as follows:

Municipal Government -- An organized localgovernment authorized in a state’s constitution andstatutes and established to provide generalgovernment for a specific concentration ofpopulation in a defined area,

CountvlParish -- An organized local governmentauthorized in a state’s constitution and statutes andestablished to provide general government.

Multi-jurisdictional -- An entity operated jointly bytwo or more units of local government under anintergovernmental agreement which creates a j ointlyappointed board or similar means of jointgovemanw, to be distinguished from a library whichcontracts to serve other jurisdictions, and fromspecial library districts.

Native American Tribal Government -- Anorganized local government authorized andestablished to provide general government toresidents of a Native American reservation; includesnative Alaskan villages.

Nonprofit Association or A~encv -- An entityprivately controlled but meeting the statutorydefinition of a public library in a given state;includes association libraries.

School District -- An organized local entityproviding public elementary, secondary, and/orhigher education which, under state law, hassufficient administrative and fiscal autonomy toquali~ as a separate government; excludes“dependent public school systems” of county,municipal, township, or state governments.

lAccording to the FSCS definitions, public librariescan have zero, one, or multiple central library facilities.

Special Librarv District (authoritv, board.commission) -- This is a district, authority, board orcommission authorized by state law to providelibrary services.

Combined Academic/Public Libraw -- A libraryserving as both a college or university library andpublic library which is governed, funded, andoperated by one or more legally constitutedadministrative jurisdictions.

Combined School Media Center/Public Libr ary--Alibrmy serving as both a school media center andpublic library which is governed, funded, andoperated by one or more legally constitutedadministrative jurisdictions.

W -- all other public libraries.

These categories and definitions represent theclassification taxonomy applied to the FSCS publiclibrary census. They serve an important function inassisting users of the FSCS statistics by establishing aframework from which to view both individual (entity)and aggregate measures of public library service andactivity. The statistics are reported to the FSCS, eitherdirectly by the state FSCS coordinators or indirectlythrough them by individual public library respondentunits. As such there is a high degree of self-designationin the reporting. This can be fhrther illustrated by someof the examples below.

Most of the public libraries in the FSCS classifjthemselves as being tilliated with a municipal or countygovernment . (Table 2, page 11) Combined, theserepresent over two-thirds of the public libraries in the1993 FSCS census (municipal--55.7 percent and county--12.0 percent). The category with the third largestdesignation is “nonprofit,” with 9.8 percent of the total.Almost one-halfof the public libraries so designated werefound in New York State (as described later in thischapter).

Geographic Versus Administrative Criteria

The FSCS definitions are actually a mix of geographicand administrative characteristics of libraries. In manycases a library could potentially fall into two or moredefinitional categories. For example, a special librarytaxing district could be created to serve a municipality.Assuming that the board of library trustees is elected andhas its own taxing authority, an interesting question israised. Is this a municipal or special district library? Asimilar question could be raised in the case of nonprofit

libraries which serve a particular municipality, county, orschool district.

Several inherent conflicts and overlaps can be seenbetween geographic and administrative organizationcomponents within the FSCS classification structure.Some of the FSCS categories are purely geographical innature. The categories of “Municipal Government” and“County/P arish” are defined purely in the geographicsense, Other FSCS categories are purely administrativein nature, These categories include “Native AmericanTribal Government,” “Nonprofit Association or Agency,”“Special Library District, “ “Combined Academic/PublicLibrary,” and “Combined School Media Center/PublicLibrary.” The remaining categories “Multi-jurisdictional,” “Schcml District,” and “Other” encompassboth administrative and geographic components.

Conflicts in Definitions

A mix of geographic and administrative components inthe FSCS definitions creates categories that are notmutually exclusive, causing difficulties in some cases.An example of this can be found in the state ofMassachusetts, which has reported all of its librariesunder the “municipal” category. Geographically, this isprobably a correct classification since most, if not all,public libraries in this state were created to serve aspecific municipality. The problem in this case is relatedto the way in which libraries in this state areadministered. Several entities have popularly electedboards, but many are organized as nonprofit corporations,or have boards appointed by municipal ot%cials.

A library that is controlled by a nonprofit corporation andwhich serves a specific municipality would fit into thetwo FSCS categories, namely “Municipal Government”and “Nonprofit Association or Agency. ” InMassachusetts potentially useful information onorganizational structure is being lost because of thisconflict.

Another example of potential definitional conflict existsbetween the categories of “Multi- jurisdictional,” and“Special Library District.” The FSCS Multi-jurisdictionaldefinition has a geographic component that states thelibrary is operated by two or more units of localgovernment (i.e., municipalities ardor counties). It alsohas an administrative component that specifies a “jointlyappointed board or similar means of joint governance.”

4

The “Special Libraxy District” definition is rather vague.In one sense the definition (“a district, authority, board orcommission authorized by state law to provide libraryservices”) could be interpreted to apply to any publiclibrary in any state, as all public libraries are ultimatelyauthorized by state law. A better wording of thisdefinition might include some indicator that the district,authority, etc. is not tilliated with another unit of localgovernment. This clarification would remove municipal,county, school district and multi-jurisdictional librariesfrom this definition.

This conflict can be seen in the state of Tennessee, whichis reporting its 12 regional libraries in the “SpecialDistrict” categoxy. These entities, however, also fit intothe multi-jurisdictional category. They serve two or morecounties ardor municipalities and are governed byboards jointly appointed by the member governments.

Based upon the definition of a “Combined School MediaCenter/Public Librq,” it is possible that these entitiescan be subsets of the “Multi-jurisdictional” category,when they are jointly administered. It is only when theseentities are administered by a single government that theyare a category unto themselves.

An example of this potential definitional contlict can befound in the state of West Virginia. Several publiclibraries in the state are jointly operated by a county anda school district government, yet the state has reported nolibraries in the “Combined School Media Center/PublicLibrary” category. These are probably reported in theMulti-jurisdictional area, but could also be potentiallyreported as County libraries (Note: School districts inWest Virginia are coterminous with county boundaries).This comparison is also valid for the “CombinedAcademic/Public Library” catego~.

The category of “School District” also contains bothadministrative and geographic components. Potentialconflict for this category is found in the state of NewYork, School district libraries in that state clearly servethe geographic boundaries of a particular school district.

The source of conflict stems from the administrativecomponent. As was the case with Massachusetts, severalof these libraries are administered by nonprofitcorporations, and this creates a potential overlap. It isinteresting that libraries not administered by nonprofitcorporations are administered by a separate board elected

by the residents of the school district. The school boarditself does not administer these libraries, nor does itappoint the members of the library board. In fact, theonly function of the school district in the process is toserve as a tax collection agent for the libraries, Libraxybudgets are determined by the voters and day-to-dayoperations are handled by the elected library board.

If “Special Library District” refers to not being affiliatedwith another unit of lccal government, some of the schooldistrict libraries in New York might fall into this categoryin an administrative sense. Additional conflicts couldexist with the catego~ of “Combined School MediaCenter/Public Libraries.”

The FSCS Nonprofit category has a potential foroverlapping the definitions in d of the other FSCScategories. The definition for the nonprofit categoryreads “An entity privately controlled but meeting thestatutory definition of a public library in a given state . ...”There are several eontlicts. The first stems from the term“statutory definition in a given state”. Two entities withidentical organizational structures located in differentstates could be treated quite differently by their respectivejurisdictions. As a result, one could be included in theuniverse while the other could be excluded. This practiceundermines the integrity of a “national” standard.

A second conflict stems from the term “privatelycontrolled. ” There is great diversity in the structure ofnonprofit libraries. The methods of selecting thegoverning bodies for these entities are almost as diverseas the number of entities, themselves, There are librariesof this sort with boards appointed entirely by publicofilcials, boards consisting entirely of public oficialsserving in an ex ofjcio capacity, boards appointedentirely by private organizations, self-perpetuatingboards, boards elected by the membership of the library(membership is sometimes defined as any individualpossessing a library card), and any and all combinationsof the above.

Yet another interpretation of the term “private” can causeconfusion in states such as Pennsylvania. The nonprofitlibraries may be publicly controlled. The laws in moststates allow local governments to form nonprofitcorporations to perform any services that thegovernments themselves may provide. In Pennsylvania,most libraries are organized in this fashion.

One traditionally thinks of a nonprofit or associationlibray as being organized through a gifi, will, or bequest.(Around the turn of the century wealthy entrepreneurssuch as Andrew Carnegie established hundreds of theselibraries, many of which still exist today.) The commonthread linking these types of libraries is that they wereestablished by a private individual.

Libraries established by a local government(s) aregenerally considered to be public, despite the fact thatthey may be organized as nonprofit corporations. Thesituation in Pennsylvania is actually a mix of these twomethods of establishment. Given the ambiguity of theFSCS definitional structure, it is understandable as towhy this state reported all of its libraries in the “Other”category.

Further contlicts exist when a nonprofit library serves aspecific government(s). Obviously a nonprofit librarycould serve a specif ic municipality(ies), andlorcounty (ies). As cited in the New York example, anonprofit library can also serve a school district. Thisalso puts the respondent in a dilemma as to whichcategory to place these entities.

Alternative Classification Format

A potential solution to these definitional problems wouldbe to split the organizational question into twocomponents, namely administrative structure versusgeographic service area. An example of how thesequestions might be structured is indicated below.

Geoma~hic Area

Which category best describes the geographic areaserved by your library?

A Single MunicipalityA Single County

_ A Single School DistrictTwo or More Counties

_ Two or More MunicipalitiesOther SpecifJ—

Administrative Structure

Which catego~ best describes the administrativestructure of your library’s governing board?

_ Elected by the voters

Appointed by public officials (Check all thatapply)

By County Officials— By Municipal Officials— By School Dist Otllcials

Other Specify

_ No separate library board (Libra~ is rundirectly by the officials of a sponsoringgovernment)

Nonprofit corporation: (Check all that apply)Board appointed by public officials—

_ Self-perpetuating boardBoard elected by members of thecorporationOther Speci~—

A “split” question would allow more flexibility inclassification. Rather than asking the state to classifi itslibraries according to FSCS definitions, the responses toa split question would allow FSCS to interpret the resultsand fit the responses into its own classificationframework as it sees fit. This would give a truer pictureof library organization on the national level.

Another alternative for information collection would beto ask the libraries for the citation of the authorizinglegislation under which they were organized. Thisapproach, however, would work well in some states, andbe fairly limited in others. It could also be a one timequestion.

Examples of Conflict

Following are several illustrations of the conflict betweengeographic and adminkative criteria in the classificationof public libraries as reported by individual states:

1. The Indiana statutes describe two types oflibrary districts (Class 1 and Class 2). Acloser examination of the statutes, however,reveals that the administrative and geographiccharacteristics of individual libraries in eachclass vary widely. In the state’s publication“Statistics of Indiana Libraries, ” twelvedistinct types of libraries are specified. Many

6

2.

of these types could potentially fit into two ormore of the FSCS definitions. For example, apublic library which serves only certainportions of a county (referred to as “County(Partial)” by the state) could be classified as acounty, multi-jurisdictional, or a specialdistrict library. A library which serves two ormore townships (referred to as “Township(Merged)” by the state) could be classified asa municipal or a multi-jurisdictional library.Note that even though the state defines itspublic libraries as “districts,” they reported no“special district” libraries in the FSCS census.

Another illustration of this conflict can befound in Massachusetts. Although severalnonprofit public libraries have beenestablished in the state, none were reported onthe FSCS census. This maybe due to the factthat these libraries have very close ties withthe municipalities they serve. The Sprin#leldcity library (operated by the Springt5eld CityLibrary and Museum Association, a nonprofitcorporation) is one such example. Many ofthe other New England states which havenonprofit libraries associated withmunicipalities reported these entities in thenonprofit category, such as Connecticut,Maine, Rhode Island, and Vermont.

3. Another issue of definitional interpretationarises in the state of Tennessee. The statereported its twelve regional libraries in thespecial district categoxy. These libraries arecreated by joint action of counties and/ormunicipalities and are clearly multi-jurisdictional in the geographic sense. It is inthe administrative sense that these librariesmight be categorized as special districts. Notethat in the other Southern states where the“regional” library approach is common, thesetypes of entities were generally reported underthe multi-jurisdictional category.

4. In the case of Pennsylvania, the FSCS showsall of its public libraries in the “other” legalbasis categoxy. As discussed in chapter 2,most public libraries in Pennsylvania areorganized as nonprofit corporations. This isnot to say that all libraries in the state should

be reported under the nonprofit category.Most of these libraries, in fact, are formed byone or more county, municipal, and/or schooldistrict governments to serve their respectivejurisdictions. These “corporations” are oflencontrolled by the sponsoring government(s).

Each individual library is organized differentlyunder its own articles of incorporation, and itwould, therefore, be rather meaningless, if notimpossible, to try to categorize these entitiesbased on the FSCS definitions. Hence theclassification of these libraries in the “other”categoxy for FSCS purposes is proper.

5. An interesting parallel to the Pennsylvaniasituation can be found in New York. In NewYork, all public libraries must be granted a“charter” by the state. Specific provisions forthe organization of a library are contained inthese charters. Unlike Pennsylvania, however,New York has its own classification system inplace for its public libraries.

6

Slightly more than half of all public librariesreported in the FSCS are classified asnonprofit in New York. These could representpublic libraries created under several of thestatutory provisions cited in the next chapter,such as “association libraries. ” There are 13types of libraries authorized in New YorkState. Most would appear to be affiliated ordependent upon one or more types of localgovernment, although independent publiclibrary districts are permitted as well. (Someof the latter are reported in the FSCS,) Thediversity of the legal basis found in the FSCSfor public libraries in New York State isillustrated in table 2.

Some states apparently have integrated theFSCS definitions with those of their own statestatutes. The ten special district librariesreported by Arizona represent the “CountyLibrary Districts” in that state. These“districts”, however, are created by the county,and the county governing body serves, exofficio, as the board of library trustees.Clearly, in an administrative sense, these arecounty libraries, but because the state laws

7

designate them as districts they are reported assuch for the FSCS.

7. Another common pattern exists in the case oflibray systems, usually consisting of countyand regional libraries that serve multiplejurisdictions. In some cases, these systemsown and operate all library facilities in theirrespective service areas. In other cases, somesystems operate in a situation where thecomponent libraries of the system maintainsome form of individual identity.

For example, in some county systems themunicipal libraries comprising the systemmaintain their own boards of trustees andsome degree of autonomy apart from the mainsystem. These types of situations presentpotential undercounts or overcounts of publiclibraries in a particular state. In many of thesesituations dual services are being provided.In other situations the component librariesmight be responsible for capital expenditureswhile the system might be responsible foroperating expmses. In still other scenarios thesystem might own and operate all librarieswithin its area of jurisdiction.

An example of this dual existence can befound in Delaware. In that state, with a fewnotable exceptions, three county librarysystems operate public libraries statewide.The state however, has reported twenty-sevenmunicipal libraries. This could possiblyrepresent a case where individualmunicipalities retain a limited amount ofcontrol over their libraries within a largersystem.

8. The regional libraries in Tennessee provideanother illustration of this situation. Althoughthese libraries serve a large portion of thestate, several counties and municipalities havereported their own libraries separately.

9. On the other hand, in states such as Marylandand Wyoming, each county system controls alllibrary facilities and services within itsjurisdiction. The data in Table 2 illustrates

this with each county system being counted asa single public library for FSCS purposes..

10. Another potential contlict exists between theFSCS categories of “school district” and“combined school/media center. ” The formerdeftitional category would seem to be ageographical designation, while the lattercould be interpreted as an administrativearrangement. An illustration of this conflict isfound in Alaska, which theoretically has noseparate “school district” governments. Thefour Alaska libraries reported in this categoryshould probably be included in the “combinedschool/media center” category.

In any case, it can be seen that a library whichserves a schcol district could also be classifiedas a combined school / media center library,especially when facilities are shared betweenthe students and the general public. Thissituation could also surface in the case of acombined academic/public library where theunderlying college is run by a communitycollege district.

Conclusion

Despite the previous examples, in many states thereappears to be little or no conflict between the FSCSdefinitions and the data reported by the state. That thelegal basis code reported by individual states closelymirrors the FSCS definitions, can be illustrated byobserving the reporting patterns of states with similarlibrary structures and service delivery.

Several states provide a large portion of libraryservices through regional libraries. These statestend to report a significant number of libraries in themulti-jurisdictional categoxy. This pattern can beseen in such states as Alabama, Arkansas, Georgia,Mississippi, North Carolina, and Virginia.

Other states provide library services primarily at thecounty level. This trend exists in such states asLouisiana, Maryland, South Carolina, Tennessee,and Wyoming.

Some states provide library services primarily on themunicipal level through both public and association

8

libraries. This pattern is evident in states such asConnecticut, Maine, New Hampshire, New Jersey,Rhode Island, and Vermont.

Many states provide librruy services almostexclusively at the municipal level with little or nouse of association libraries, These states includeIowa, Kansas, Nebraska, New Mexico, N o r t hDakota, Oklahoma, and South Dakota.

Numerous states provide library services throughseveral different methods. This type of diversity-isevident in the FSC S reporting by Alaska, Colorado,Florida, Idaho, Michigan, Mimesota, Missouri,Nevada, New York, Ohio, Oregon, Texas, a n dWisconsin.

Classification is a complex area, but it is useful forstatistical purposes to maintain the basic categories, or atleast some form of taxonomy. In general, the legal basiscodes reported by the states seemed to fit fairly well intothe FSCS definitional framework. The only point ofconfusion that could possibly be addressed by the FSCSis that of geographic versus administrative predominancein classification. This is especially true in states whichhave very diverse library structures,

The next chapter contains descriptions of the legal basisfor libraries on a state-by-state basis. In many casesindividual state definitions parallel those of the FSCS. Inother cases it can be seen why some individual states facechallenges in class@ng their libraries in the context ofFSCS categories.

Table 1. Number of Public Libraries andFacilities, by State: 1993

State

United States total

AlabamaAlaskaArkansasArizonaCaliforniaColoradoConnecticutDistrict of ColumbiaDelawareFlorida

GeorgiaHawaiiIdahoIllinoisIndianalowaKansasKentuckyLouisianaMaine

MarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew Hampshire

New JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode Island

South CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

RiEiEibraries

8,929

208853639

169120194

129

100

541

10760623851732011665

225

2437437713247

14883

26926

229

31069

7587478

250110124448

51

40113137498

69201

907097

38023

-Centrals

8,887

208853887

159114194

127

116

511

10460623951732011665

225

1837437712147

14883

26925

229

31069

7585878

247110120444

51

40113137498

49201

836297

37523

:s :lranches

7,017

7212

15671

896118

5026

2299

3084837

149177284969

2595

167118278239199198281550

9

15218

338287

12440

8078

18223

14120

147249

435

212250

787654

Source: Federal State Cooperative System for LibraryStatistics, 1993 Public Library Census.

10

Table 2. Legal Basis for Public Libraries, by State: 1993

State

Jnited States total

41abamaNaskaIrkansas4rizona:alifornia:oloradoConnecticut)istrict of Columbia)elaware‘Iorida

;eorgia-lawaii 1/dahoIlinoisndianaowa<ansas<entucky-ouisianaMaine

MarylandMassachusettsMichiganMinnesotaMississippiMissouriMontana‘debraskaNevadaNew Hampshire

New JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode Island

South CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

MUIIl-

jurisdic- Native Non- School Special Academic School/lunicipal County tional American profit district district & public & public Other

4,972 1,074 616 10 867 319 529 8 67 466

149 16 38 2 1 1 -40 4 3 21 4 3 10 -

7 10 18 127 2 10

105 53 1131 22 23 1 38 5 -97 97 -

127 252 38 9 1

5 491

56 2 - 43 4 2350 252 4 -

27 51 157 1 2514 3290 14 2 8 6

2 8 3 1034 59 1 1

171 53 - 1

24374231 24 94 27 1104 12 15 1 -

2 28 1784 36 17 8 2 117 32 32 1 1 -

255 9 4 - - 13 10 5 4 4

215 2 6 - 1 5 -

231 14 6 59 -61 3 5 -

196 5 6 2 398 130 20 1 -10 42 17 5 -60 13 2 324 55 18 15399 5 688 19 4 1 9 1 2

44E22 29 -

1 35 485 17 7 3 1

3 122 12269 145 12 68 - 3 1

40 27 296 1223 42 2 55046 30 2 0

33 3 15 24 423

93

120

1 3

(1) Hawaii public libraries are administered by the state government.Note: Detail sums to 8,928 only. One public library in the FSCS dataset had no legal basis code.Source: Federal State Cooperative System for Library Statistics, 1993

Public Library Census.11

CHAPTER 2. THE LEGAL STRUCTURE ANDORGANIZATION OF PUBLIC LIBRARIES

The following pages contain a state-by-state descriptionof the legal structure and organization of public libraries.The citations referenced are taken from the various statecodes, statutes and administrative rules and are updatedthrough June 1995. The citations do not includeunmodified special acts enacted in some states, nor dothey include citations to local laws contained in countyand municipal charters and codes, It would be amonumental task to ident~ all local laws relating tolibraries in some states.

This chapter is intended to illustrate the basic legaltiamework for library structure in each state. Most of thelibraries in a particular state will conform to theprovisions of this “fi-amework”. Because of the uniquenature of the evolution of the library as a public service,some entities may be operating under laws which havebeen “grandfathered and are no longer on the books. Inthese cases, provisions for librq governance andstructure may vary slightly ffom the state descriptions.

The descriptions in this chapter are intended to outlinethe types of libraries which are legally authorized in eachstate. In some cases certain laws have not been, or arenot currently being utilized.

No attempt was made to detail the structure of associationlibraries. These libraries are so diverse that one wouldhave to examine each library on an individual basis usingcharters, articles of incorporation, and so forth. Theresearch for this report revealed association librarieswhich had self-perpetuating boards, boards appointed byone or more governments, and even boards elected by themembership of the libraq (often by those holding librarycards). Funding for these types of libraries is derivedtiom local, state and federal appropriations, and, in manycases, private contributions and tids from an originalendowment or trust tired.

There are two points to note concerning the format of thedescriptions that follow. First, they contain the statedefinition of a public library if it was included in the statestatutes. Second, they may contain notes concerningindividual public libraries. These notes are found incases where state authorizing legislation has created aunique public library entity. In these cases, the note

refers to how the entity was reported for FSCS censuspurposes.

ALABAMA

Public libraries in Alabama are organized under AlabamaCode 11-90-1 et. seq. The Alabama AdministrativeCode r. 520-2-2 defines the following types of libraries:

Municipal: Libraries operated by a board of fivetrustees appointed by a municipality and funded bythe municipality.

County: Libraries operated by a board of fivetrustees appointed by the county and fimded by thecounty.

City-County : Libraries operated by a board of fivetrustees with an agreed upon number of membersappointed by each government, and funded jointly byboth governments.

District Library: A public library serving a taxingdistrict which has been authorized by legislativeaction and created by a majority vote of the residentsof the district, and whose policy-making board iselected in accordance with the provision of thelegislative action. These libraries are funded by aproperty tax.

Public Library System: An organizationcomposed of public libraries for the purpose ofproviding library services within a framework ofwritten contracts; the system may also contract withcounties and municipalities not having libraryservice. Systems may take the form of RegionalLibrary Systems or Cooperative Library Networks.Systems are governed by a board of five to 15trustees appointed by member libraries and/orgovernments. Systems are funded by state and localappropriations.

In addition to the above types of libraries, school librariesmay serve the community during nonschool hours, andnonprofit corporations may be formed to administerpublic libraries. The H. Grady Bradshaw Libra~ locatedin Valley is administered by such a corporation, and it isreported in the FSCS census with a legal basis code of“countytparish.”

A L A S K A

Public libraries in Alaska are organized under theprovisions of 14.56.010 et. seq. and 10.20.005 et. seq. ofthe Alaska Statutes, and title 4 section 57.067 of theAlaska Administrative Code:

Incorporated areas in Alaska: (Boroughsz andMunicipalities) may directly operate libraries.Funding is provided by local appropriations andstate grants.

Nonprofit public library corporations:(sometimes referred to as “rural communitylibraries”) may be formed to provide library servicesin unincorporated communities. These libraries arefunded primarily through state grants. Title tolibrary facilities vests in the state until the underlyingcommunity incorporates as a municipality.

School/Community Libraries: these m a y b eformed under a joint contract between a schoolboard and the governing board of a library. Fundingarrangements are specified in the contract.

ARIZONA

Public libraries in Arizona are organized under ArizonaRevised Statutes Annotated 9-411 et. seq., 11-901 et.seq., i 5-362 et. seq., and 48-3901 et. seq. The followingtypes of libraries maybe created:

Municipal: Libraries are operated by a board of sixor nine trustees appointed by the municipality.Funding is provided through a special property taxlevied by the municipality.

County Library Districts: These districts aregoverned by the county board of supervisors, exofjcio. They are financed by a special property taxlevied by the county. Library service is provided tounincorporated areas of the county, and to anymunicipality which chooses to join the district.

School/Community: Libraries are operated by theboard of education of a school district. Financing is

provided through the school district, and throughfees and charges on school district residents.

In addition, counties and municipalities are free tocontract with each other for library services.

ARKANSAS

Public libraries in Arkansas are organized underArkansas Statutes Annotated 13-2-101 et. seq., and theArkansas Constitution Amendments 30 and 38. Thefollowing types of libraries may be formed underArkansas law:

Municipal: Libraries are operated by a board offive to seven trustees appointed by the municipalgoverning body. These libraries may be fundedthrough an ad valorem property tax authorized bythe municipality, and a special ad valorem propertytax authorized by the voters.

County: Libraries may be operated directly by thecounty or through a county created library board.Funding is provided through county appropriations,and a special ad valorem property tax if approved bythe voters.

Regional Libraries: These libraries are createdthrough intergovernmental agreements between twoor more counties to provide library service on aregional basis. Governance and fimding areprovided for in the agreement.

In addition municipalities and/or counties may contractwith one another for service and jointly establishlibraries.

CALIFORNIA

Public libraries in California are organized under theCalifornia Education Code 18000 et. seq., and theCalifornia Government Code 26170 & 61000 et. seq.The following types of libraries may be established inCalifornia:

Municipal: Libraries are governed by a board offive trustees appointed by the municipality and arefunded by the municipality.

“’Boroughs” in Alaska are treated as countyequivalents for Census purposes.

14

County Free Libraries: These libraries areestablished and governed by the county board ofsupervisors. Funding is provided by the county.

Library Districts in Union High School andUnified School Districts: These districts may beformed in Union High or Unified School Districtsupon petition of voters and approval at referendum.They are governed by the board of the schooldistrict, ex ofjcio. Funding is provided through aspecial property tax.

Library Districts: These districts may be formedin one or more counties upon petition of the qualifiedelectors. They are governed by a board of three orfive elected trustees. Funding is provided by aspecial property tax.

Library Districts in Unincorporated Towns andVillages: These districts may be formed inunincorporated towns or villages upon petition ofvoters and approval at referendum. They aregoverned by a board of five elected trustees, andfunded through a special property tax.

Cooperative Public Library Systems: Thesesystems are generally established under joint powersagreements for the purpose of providing regionalsemices to member libraries. They are governed byboards consisting of representatives appointed bymembers, and are finded through formulas specifiedin the individual agreements.

Shasta County Regional Library Facilities andServices Commission: This commission wasformed by a special act to provide libray services inShasta County. It consists of a board of sevenmembers with two appointed by the county, oneappointed by each incorporated municipality in thecounty, one appointed by the county board ofeducation and two appointed by the aforementionedfive. Funding is provided through a special proper!ytax levy. This public library is reported in the FSCScensus with a legal basis code of “county.”

In addition to the above, community service districts mayprovide library services, and libraries may establish jointpowers agencies for the construction of library facilities.

Definition

The California Code defines a public library as “a library,or two or more libraries, that is operated by a singlepublic jurisdiction and that serves its residents free ofcharge. ”

COLORADO

Public libraries in Colorado may be formed under theColorado Revised Statutes 24-90-101 et. seq., and theColorado Code of Regulations 1-301-1 et. seq. Thefollowing types of libraries are authorized:

Municipal Libraries: These libraries areestablished by the governing body of themunicipality on its own initiative, or after petition ofregistered voters. They are governed by a board offive to seven trustees appointed by the municipality,and are tided by a special property tax levy, andmunicipal appropriations.

County Libraries: County libraries are establishedby the governing body of the county either directly,or upon petition of registered voters. They aregoverned by a board of five to seven trusteesappointed by the county, and are funded through aspecial property tax, and county appropriations.

School District Libraries: These libraries areestablished and operated by the school board. Theyare funded through school district appropriations.

Library Districts: These districts are formed byresolution of two or more counties and/ormunicipalities or petition of voters, and approval atreferendum. A board of five to seven trustees isappointed either by a cmnrnittce of representatives ofthe governing bodies of the participatinggovernments, or by two thirds majority approval ofall participating governments. Funding is providedthrough a voter approved property tax levy.

Metropolitan Library Districts: These districtsmay be established by two or more counties or city-counties within a standard metropolitan statisticalarea it the combined population totals at least500,000. Establishment, governance, and fundingare under the same provisions as library districts.

15

Regional Library Service Systems: Thesesystems which provide regional services to existinglibraries are established by three or more librariesupon the approval of the state department ofeducation. They are governed by a board of at leastthree trustees appointed by member libraries. Thesystems receive both state and local fimding.

Definition

The Colorado statutes define a public library as “a libriuywhich is established, operated, and maintained in wholeor in part with money derived ti-om taxation, and which isfor the free use of the public, and includes countylibraries, municipal libraries, library districts, and jointlibraries,”

CONNECTICUT

Public libraries in Connecticut are authorized byConnecticut Gen. Statutes 11-1 et. seq. The followingtypes of libraries maybe created in Comecticut:

Municipal Libraries: These libraries may beformed by a municipality on its own initiative.Libraries are governed as speciiied in the charter ofthe municipality. In the absence of a charterprovision libraries are governed by an elected boardof trustees consisting of a membership divisible bythree. Funding is provided through state and localappropriations, and may include a special propertytax if approved by the voters.

Association Libraries: These libraries areestablished as nonprofit corporations oflen inconnection with a will, deed or bequest to providefiec library services to the public. Governance is setout in the original instrument or articles ofincorporation. These libraries may receive state,local and private finding. In many cases somefunding is also derived fi-om the original endowment,

School District Libraries: Incorporated schooldistricts may establish libraries in the same manneras a municipality. These libraries are governed inthe same manner as municipal libraries and aretided through school district appropriations.

Fire District. Libraries: Fire districts whichperform multiple fhnctions may establish libraries

for the use of district residents. These libraries aregoverned in the same manner as municipal librariesand are funded by the fire district.

Cooperative Library Service Units: These areorganizations to provide coordinated resourcesharing, planning, and development of regionalprograms and may be organized by public librariesas nonprofit corporations. They are funded primarilythrough state appropriations.

Library Sewice Centers: These centers providesupplementary books and related libray materialsand services to public libraries and public schoolsand may be established by the state library board.The center may be governed by an advisory boardconsisting of representatives ffom participatinglibraries. The state library board is responsible forthe maintenance, and, presumably, the funding forthese centers.

Libraries may also be established by contract orintergovemmental agreement between municipalities,

Definition

The Connecticut Statutes define a public libra~ as “alibrary that serves its residents through its outlet oroutlets without charging a borrower’s card fee and whichreceives its financial support in whole or in part fromlocal tax funds.”

DELAWARE

Public libraries in Delaware are generally organizedunder Delaware Code Annotated 9$801 and 14$7101,but there are several exceptions. The following types oflibraries are authorized in Delaware:

County Library Systems: These systems havebeen created by each county in the state. They aregoverned by an advisoxy board appointed by thecounty, and fimded by county tax levies. Kentcounty may also establish library districts, appoint anadviso~ board for each district and levy taxes at aspecified rate within each district.

District Libraries: These libraries were created bypetition of electors to a school district. They aregoverned by a board of commissioners appointed by

16

the resident judge(s) of the superior court of thecounty(ies) in which the district is situated. They areiimdcd by a property tax levied by the school district.A 1975 law repealed the provisions authorizingthese types of libraries, but those in existence wereallowed to continue.

Corbit-Calloway Memorial Library: This libraqwas created by a mid-nineteenth centuq special act.Provisions with regard to governance and fundingare not clear, since the original act placed the libraryunder the control of a school district which is nolonger in existence. This public librmy is reportedin the FSCS with a legal basis code of “municipalgovernment.”

The Wilmington Institute Library: This libraryprovides services to the residents of New CastleCounty on a contractual basis. This public library isreported in the FSCS with a legal basis code of“municipal government.”

DISTRICT OF COLUMBIA

Public libraries in Washington, DC are authorized undertitle 37 of the District of Columbia Code Annotated. Thefollowing types of libraries are authorized in Washington:

Washington, DC Public Library: This librarywas created by the city governing body. It isgoverned by a nine member board of trusteesappointed by the Mayor, and subject to cordknationby the city council. Funding comes primarily fromcity appropriations.

FLORIDA

Public libraries in Florida are authorized under chapter257 of the Florida Statutes and various special acts. Thefollowing ~es of libraries maybe established in Florida:

Municipal Libraries: These libraries may beformed by municipal ordinance. They are governedas specified in the ordinance and funded throughmunicipal contributions.

County Libraries: Any county may establish alibrary by ordinance of the county governing body.Govcmancc and funding are specified in the creatingordinance,

Multi-County (Regional) Libraries: Two or morecounties, and the municipalities therein mayestablish multi-county library systems undercontract. They are governed as specified in thecontract. Funding is obtained through membercontributions and state grants.

Library Districts: These districts are created byspecial acts of the legislature to serve a specific area.They are governed by boards whose compositionand appointment are specified in the authorizinglegislation. Boards may be elected, appointed and/orex oy~cio. Funding is generally provided through aspecial property tax.

School-Community Libraries: These librariesmay be established by a school district to serve thesurrounding community. They are governed by theschcol district board, ex ofjcio. Funding is providedthrough contracts with participating localgovernments.

Library Cooperatives (Established under chapter257, 1992 law): These libraries may be establishedas non-profit corporations by libraries that are underseparate governance for the purpose of sharingresources. They must consist of at least two types oflibraries including any combination of academic,school, special, state, institutional and publiclibraries. They are governed by a board of trusteeswhose composition is specified in the articles ofincorporation but must include at least one memberrepresenting each type of library in the cooperative.They are funded through member contributions andstate grants.

Pinellas Public Library Cooperative: This librarywas organized as a nonprofit corporation to providelibrary service to the unincorporated areas of thecounty, and any incorporated areas opting to join thecooperative. It is governed by a seven memberboard, three of whom are appointed by the countygoverning body, and four of whom are appointed bythe aforementioned three, The cooperative is fimdedthrough a special property tax on the unincorporatedareas of the county and municipal contributions.This entity should not be confused with “LibrtuyCooperatives” established under chapter 257, asdescribed above. This public library is reported in

17

the FSCS census with a legal basis code of “speciallibrary district.”

IDAHO

GEORGIA

Public libraries in Georgia are authorized by GeorgiaCode Annotated 20-5-20 et. seq., and several special actswhich set out the following types:

City Public Libraries: These libraries may beformed by resolution of the governing body of a city.They are governed by a board of trustees appointedby the city, and are financed through city tax levies.

County and Municipal Public Libraries: Theselibraries may be established upon resolution of thegoverning body of a county or municipality, or bypetition of voters and approval at referendum.County libraries may also be established by contractbetween the county and municipalities within thecounty, These libraries are governed by boards oftrustees appointed by the establishing government,or in the case of a county system encompassing morethan one local government, at least one appointmentmust be made by each government. Financing isprovided through county and municipalappropriations.

Regional Libraries: These libraries, which servetwo or more counties, are formed by agreementbetween participating county library systems.Trustees are appointed by member systems inaccordance with the bylaws of the regional system.Funding is provided by member systems.

HAWAII

Public libraries in Hawaii are authorized under chapter312 of the revised statutes. The following library systemis authorized in Hawaii:

State Public Library System: The state publiclibrmy system serves the entire state and was createdby an act of the Hawaii legislature. It is governed bythe state board of education, ex of$cio. Funding isderived primarily from state sources.

Public libraries in Idaho are authorized by the Idaho Code33-2601 et. seq., which sets out the following types oflibraries:

City Libraries: These libraries may be establishedby resolution of the governing body of a city. Aboard of five trustees is appointed by the city, andfinding is derived from a special property tax leviedby the city.

Regional Library Systems: These systems may beformed by contract between two or more existinglibrary systems, upon approval by the state libraryboard. They are governed by a board of up to 25trustees appointed by member libraries. They arefinanced through a combination of state, local,federal, and private funds.

Association Libraries: The Idaho statutes make apassing mention of these types of libraries. It isunclear as to how they are organized, with nonprofitcorporations a possibility.

Library Districts: Library Districts are created bypetition of voters to the county and approval atreferendum. Districts are’ governed by a fivemember elected board of trustees and financed by aspecial property tax.

School-Community Library Districts: Thesedistricts may be formed by petition of voters to aschool district and approval at referendum. They aregoverned by a five member board of trustees; four ofwhich are elected, and one who is appointed by theschcml board. Funding is provided through a specialproperty tax.

ILLINOIS

Public libraries in Illinois are authorized generally underchapter 75 of the Compiled Statutes. The following typesof libraries are authorized under Illinois law:

City Libraries: These libraries may be establishedby the city governing body. They are governed by a

18

board of nine trustees appointed by the ci~ governingbody. They are funded through a special property taxlevied by the city. Libraries in home nde cities mayreceive an equivalent tax amount.

Village Libraries (1939 Law): These libraries maybe established by the governing body of a village.They are governed by a three member commissionappointed by the village governing body. They arefunded through a property tax levied by the village.

Village, Incorporated Town, and TownshipLibraries: These libraries are established bypetition of voters to the governing body of a village,incorporated town or township, and approval atreferendum They are governed by a seven memberboard of trustees elected by the voters, except invillages under the commission form of governmentwhere they are governed by a six member board oftrustees appointed by the village governing body.They are fimded through a special property taxlevied by the sponsoring government.

County Libraries: These libraries may beestablished by the county governing body subject toa referendum after the fact. They are governed by afive member board of trustees appointed by thecounty governing body, Funding is derived througha special property tax levied by the county.

Incorporated Libraries: These libraries areestablished through a will or deed. They aregoverned by a seven to 25 member self-perpetuatingboard of directors. They are tl.mded through theoriginal gifl and may also receive localappropriations.

Library Districts: These libraries may beestablished by petition of voters to the Circuit Courtof a county, or by resolution of an existing taxsupported library, and approval at referendum. Theyare governed by a board of seven trustees who maybe elected by the voters or appointed by the countygoverning body(ies). They are funded through aspecial property tax levy approved by the voters.

Combined School and Public Libraries: TheCissna Park Community Library District wasestablished as a combined school and public libraryunder the Library District Act. This public library is

reported in the FSCS census with a legal basis codeof “combined school media center/public library. ”

Library Systems (Cooperative, Consolidated,and Multi-t ype): Covering the entire ternto~ ofthe state, these systems are created to facilitate thepooling of resources of member libraries, and areformed by the approval of the boards of directors ofparticipating libraries and the state librarian. Mostof the librties lecated within the boundaries of eachsystem are members, except for a few which do notmeet the system’s requirements or do not choose tobe members. The state currently has 12 multi-typesystems and no consolidated or cooperative systems.The multi-type systems are governed by a board offive to 15 directors selected by member libraries.They are tided through state and federal grants andcontractual reimbursements through the state library.

Libraries in Parks: Existing incorporated librariesmay request the authorization of a city, park district,or park commission to build a fi-ee public library onpark land, The establishment of such a libraryrequires voter approval. They are governed by theboard of directors of the incorporated library andfunded as an incorporated libraxy.

Mills and Petrie Memorial Library andGymnasium: This library was established by aspecial act and a donation. It is governed by a boardof trustees appointed by the president of the villagegoverning body, It is funded by a special propertytax levied by the village of Ashton, This publiclibrary is reported in the FSCS census with a legalbasis code of “municipal.”

INDIANA

The state of Indiana has several types of public librariesas authorized by Indiana Code Annotated 20-14- 1-1 et.seq.. Basically libraries in Indiana fall into one of threecategories, namely, class 1 library districts, class 2 librarydistricts, and library services authorities. Each is brieflydescribed below:

Class 1 Library Districts: These districts maybecreated by resolution or petition to serve one or morecounties, municipalities, townships, and/or schooldistricts. They are governed by appointed boardswhose composition varies based on several different

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special acts. Funding is provided through a specialproperty tax levy.

Class 2 Library Districts: These districts aredefined as all districts which are not class 1 librraydistricts. Provisions for creation are set out inseveral different special acts. These districts aregenerally governed by appointed boards, but may, insome cases, be governed by eleeted boards. Some ofthese districts have been established throughendowments. Funding is generally provided througha special property tax.

Library Services Authorities: These authoritiesare established by two or more libraries to provideregional library services. They are governed by aboard appointed by member libraries. Funding isprovided by member libraries,

It should be noted, however, that lumping public librariesinto two classes (plus the services authority category) isa bit of an oversimplification, The publication “Statisticsof Indiana Libraries” sets out 12 different types. All 12of these types can be classified as either a class 1 or 2district, but they are actually created under specificspecial legislation. Consequently, the organization ofdifferent types of libraries within the same class maybequite different.

Definition

The Indiana code defines a public Iibraxy as “a municipalcorporation that provides library services and isorganized under IC 20-14-2, IC 20-14-4, IC 20-14-5, IC20-14-6, or IC 20-14-7. “

IOWA

Public libraries in Iowa maybe created under chapters256,336, and 392 of the Iowa Code, The following typesof libraries are authorized.

Municipal Libraries: These libraries may becreated by resolution of a municipal governing body.They are generally governed by a board of trusteesappointed by the city governing body, but, at localoption, the board may be elected. Funding isprovided through a special property tax, andmunicipal contributions.

County Library Districts: These districts may beformed by the county board of supervisors of one ormore counties after petition and referendum Theyarc governed by a board appointed by the county andtided through a special property tax levy.

Regional Library Boards: The state establishedseven regional library boards to provide service toareas previously lacking library service, and tosupplement service in existing areas. They aregoverned by seven member elected boards, andfunded through state, federal and local funds.

KANSAS

Public libraries in Kansas are governed by KansasStatutes Annotated 12-1215 et. seq., and 75-2547 et.seq., as well as, various special acts. The following typesof libraries are authorized in Kansas:

City, County, and Township Libraries: Theselibraries may be established upon petition of votersto tie sponsoring government and approval atreferendum, A board of trustees consisting of fivemembers (except where a ditlerent number isauthorized by special act) appointed by thesponsoring government governs the libra~. Fundingis provided through ad valorem property taxes.

Regional Library System Boards (1965 Law):These libraries are created by petition of one or morelocal librmy boards to the State Libr~ AdvisoryCommission. The board of directors consists of oneor more representatives of each participating libraryboard, and one or more representatives appointed bythe Governor to represent areas within theboundaries of the system, but not served by memberlibrary boards. The systems may levy ad valoremtaxes, and accept state and federal grants.

Regional Library Boards (1951 Law): Theselibraries are established by any two or moreadjoining counties or townships after voter approval.They are governed by a board consisting of sixdirectors appointed by the participatinggovernments, and the exeeutive of each participatinggovemmcnt serving, ex ofjcio. They are funded byproperty tax levies of the participating governments.

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City-County Library Districts: These districts areestablished by resolution of a city and county, andapproval at referendum. They are governed by a tenmember board with three members appointed by thecounty and seven members appointed by the city.The district may levy a special ad valorem propertytax.

Library Districts in Townships and Third ClassCities: These districts are created by petition ofvoters to the county commission and approval atreferendum. They are governed by a seven memberelected board of directors. The district may levy anad valorem property tax.

Kansas City Public Library: This library wasestablished by a special act and subsequentresolution of the Utiled School District 500 toserve the city of Kansas City, Kansas. The library isgoverned by the school board, ex ofjcio, and isfinanced by a special property tax levied by theschool district. This public libraxy is reported in theFSCS with a legal basis code of “municipalgovernment.”

Library boards in HutchinsOn, Salina, and Topeka: Theselibrary boards were created by petition of electors to thecity governing bodies and approval at referendum. Theyare governed by boards of trustees appointed by the city,and may levy a special ad valorem property tax. Thepublic libraries in Hutchinson and Salina are reported inthe FSCS census with a legal basis code of “municipal.”The public library in Topeka also is reported in the FSCScensus with a legal basis code of “multi- jurisdictional.”

Definition

The Kansas statutes define local public libraries as“libraries operating under the provisions of K.S.A.12-1215 to 12-1248, inclusive, and amendments thereto;(2) libraries operating under the provisions of K.S.A.1994 Supp. 12-1260 t o 12-1270, inclusive, a n damendments thereto; (3) libraries operating under thep r o v i s i o n s o f K.S.A. 1994 Supp. 12-1276, a n damendments thereto; (4) libraries operating under theprovisions of K.S.A. 72-1623, and amendments thereto;or (5) municipalities contracting with any library for thefurnishing of library services to such municipalityp u r s u a n t t o K.S.A. 12-1230 or 12-1269, a n damendments thereto. ”

KENTUCKY

Public libraries in Kentucky may be formed under theprovisions of chapter 173 of the Kentucky RevisedStatutes. The following types of libraries are authorizedunder Kentucky Law:

Libraries in First Class Cities: These librariesmay be established by ordinance of a city of the firstclass. They are governed by a board of trusteesappointed by the Mayor. If the county containing thecity contracts with the library for services, the countyjudge/executive appoints six of the board members.Financing is provided through a property tax leviedby the city, and county appropriations if the countycontracts for service.

Libraries in Counties, and Cities of the SecondThrough Sixth Class: These libraries may becreated by the sponsoring government, either on itsown initiative, or by petition of voters and approvalat referendum. These libraries are governed by aboard of trustees appointed by the sponsoringgovemmcnt, and financed through appropriations bythe sponsoring government.

Regional Libraries: These libraries are establishedby contract between two or more counties. They aregoverned by a board of trustees appointed by themember counties, Financing is provided by eachcounty on a pro rata (assessed valuation) basis.

Public Library Districts (1960 and 1964 Laws):These districts may be created by petition of votersto the county and approval at referendum. They aregoverned by a board of trustees appointed by thecounty judge upon recommendation of the StateDepartment of Libraries and Archives. The districtsmay levy a special ad valorem property tax.

Definition

The Kentucky statutes define a public library as “a librarywhich is established as the county-wide library system byany of the methods provided by KRS chapter 173. ”

LOUISIANA

Public libraries in Louisiana are authorized by theLouisiana Revised Statutes Annotated 25:211 et. seq.

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The following types of libraries may be created inLouisiana:

Parish and Municipal Libraries: These librariesmay be formed by a parish or municipal governmenton their own initiative, or upon petition of 25 percentof the electors. Municipal libraries are governed bya board of control consisting of five membersappointed by the governing body, and the Mayor oranother member of the municipal governing body, exofficio; likewise parish libraries are governed by aboard of control consisting of five to seven membersappointed by the parish governing body, and thechief executive or another member of the governingbody, ex ofjcio. The composition of some boardsmay vary due to special acts. Funding is providedthrough a special voter-approved property tax leviedby the sponsoring government(s).

Libraries in Home-Rule Municipalities andParishes: These libraries are created by the charterof the sponsoring government. Provisions forgovernance and timding maybe found in individualparish or municipal charters.

South St. Landry Community Library District:This district was created by special act to providelibraxy services in the southern portion of St. LandryParish. It is governed by a board of sevencommissioners; the governing body of the parishappoints four members, and the Mayors of Sunset,Grand Coteau, and Cankton each appoint onemember. The district may levy a special propertytax, and receive contributions from membergovernments. This public library is reported in theFSCS with a legal basis code of “special libraxydistrict.”

Parishes and municipalities may also enter intocontracts to provide joint library services.

MAINE

Public libraries in Maine are authorized under the MaineRevised Statutes Annotated 27 $ 101 et. seq. Thefollowing types of libraries maybe created in the state:

Municipal, Town and Plantation Libraries:These libraries may be established by the governingbody of a city, town or plantation. Provisions fortheir governance are provided by the establishinggovernment. They are funded through property taxlevies and appropriations. In addition, cities andtowns may form joint libraries.

Corporation or Association Libraries: Theselibraries are established as nonprofit corporations,generally through a will, gift or bequest. Themethod of governance is set out in their individualcorporate charters. They may receive both privateand public funding.

Village Corporation Libraries: These librariesmay be established by any village corporationlocated within a town in which no free library exists.They are governed as provided by the villagecorporation, and are funded through a specialproperty tax levy.

School (Community) Libraries: School librarieslocated in communities with no public libraryservice may opt to provide fkee service to allresidents. The method of governance is establishedby the creating school committee or district.Funding is provided by the sponsoring school systemand the library is also eligible for state grants as a“public library.”

Library Districts: These districts are created bythe state library commission to promote inter-librarycooperation among members. They are governed byan advisoxy board with one member appointed byeach local library opting to join the district. A nine-member executive committee oversees day-to-dayoperations. Funding is provided through both stateand local sources.

Definition

The Maine statutes define a public library as “a libraryfreely open to all persons and receives its financials u p p o r t horn a municipality, private association,corporation, or group. (It) serves the informational,educational, and recreational needs of all the residents ofthe area for which its governing body is responsible.”

MARYLAND

Public libraries in Maryland are authorized by MarylandEducation Code Annotated $ 23-101 et. seq. Thefollowing types of libraries are authorized:

Count y Public Libraries: These libraries areformed by the governing body of the county. Theyare governed by a seven member board of trusteesappointed by the county, although librariesestablished prior to 1945 may retain their originalboard structure. Funding is provided through localand state fimding.

Cooperative Library Corporations: Thesecorporations may be created by two or more librarysystems to administer joint library projects. Theirgovernance is specified in the corporate charter.Funding is provided through state and localappropriations and fees.

Regional Resource Centers: These centers may beestablished by three or more library systems (outsideof a Standard Metropolitan Statistical Area) toprovide regional services. They are governed by anadvisory board consisting of two members appointedby each participating library system. The center mayreceive state funds.

The Enoch Pratt Free Library: This library wasestablished by an 1882 special act to serve the city ofBaltimore. It is governed by a nine member, self-perpetuating, board of trustees. Revenue is derivedprimarily from city appropriations. This publiclibrary is reported in the FSCS with a legal basiscode of “county/parish.”

The Washington County Free Library: Thislibrary was established by an 1898 special act toserve Washington County. It is governed by a sevenmember, self-perpetuating, b o a r d o f trustees.Funding is provided through local, state, and otherappropriations. This library has the distinction ofoperating the first bookmobile in the nation. Thispublic library is reported in the FSCS, with a legalbasis code of “county/parish.”

MASSACHUSETTS

Public libraries in Massachusetts are authorized by theAnnotated Laws of Massachusetts chapter 78 and variousspecial acts. The following types of libraries may beestablished in Massachusetts:

City Libraries: These libraries may be formed bya city on its own initiative. Libraries are governed asspecified in the charter of the municipality or byspecial acts of the state legislature. Funding isprovided through state and local appropriations.

Town Libraries: These libraries may beestablished by resolution of the town governingbody. They are governed by an elected board oftrustees whose number is divisible by three(although special acts may provide differently).Funding is derived through local and stateappropriations.

Association and Corporation Libraries: Theselibraries are established as nonprofit corporations,often in connection with a will, deed or bequest toprovide free library services to the public.Governance is set out in the original instrument orarticles of incorporation. These libraries mayreceive state, local and private finding. In manycases some funding is also derived from the originalendowment.

Improvement District Libraries: These districtsmay be established by vote of the town meeting.They are governed by an elected prudentialcommittee, and tided through a district-wideproperty tax levy.

Regional Public Library Systems: These systemsmay be established by the State Board of LibraryCommissioners to provide sewiees to existing publiclibraries. They are governed by an adviso~ councilappointed by member libraries. Funding is providedprimarily through state appropriations.

Libraries may also be established by contract orintergovemrnental agreement between municipalities.

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MICHIGAN

Public libraries in Michigan are authorized under title 15of the Michigan Statutes Annotated. The following typesof libraries maybe established in the state:

City Libraries: These libraries are established bya city council or by petition of voters and approval atreferendum. They are governed by a board of fivetrustees appointed by the city governing body ifestablished by the city council, or a board of sixtrustees elected by the voters if established bypetition and referendum. They are funded through aspecial tax on property.

Village and Township Libraries: These librariesare created by petition of voters to the village ortownship clerk, and approval at referendum. Theyare governed by a board of six trustees elected by thevoters. They are funded through a special propertytax.

County Libraries: These libraries may beestablished by resolution of the board of supervisorsof a county. They are governed by a board of five orseven members appointed by the county governingbody. They are tided through a county property taxlevy.

Joint Libraries: These libraries may be created bycontract between two or more adj scent cities,villages, and or townships. They are governed by aboard of up to nine directors which may beappointed or elected as specified in the contract.Funding is provided through special property taxlevies and member contributions. These librarieshave all the powers of “City Libraries” listed above.

Cooperative Library Boards: These boards maybe formed by an agreement between two or morelibraries upon approval by the state legislativecouncil. The board consists of nine membersappointed by the participating libraries. Funding isprovided through state grants, local contributions,and nonresident borrower fees.

atlcr approval of a majority of the county governingbodies. They are governed by a board of trusteeswith two members appointed by each participatingcounty. They are funded through countyappropriations, and a special property tax levy ifapproved by the voters.

School District Public Libraries: These librariesmay be created by the board of education of a schooldistrict, They are governed by a seven memberboard of commissioners appointed by the board ofeducation. They are funded through school districtcontributions.

District Libraries: These libraries may be createdthrough an agreement between two or moremunicipalities, townships, cities, villages, schooldistricts andlor counties. They are governed by afive to eight member board which maybe appointedby participating governments and/or elected by thevoters). The board may collect a special propertytax, and may receive local contributions,

In addition, local governments may contract with privatelibraries for public library service.

Definition

The Michigan statutes contain two definitions for the term“public library” The definition in conjunction with theState Aid to Public Libraries Act defines a public libraryas “a library which is lawfully established for free publicpurposes by one or more counties, cities, townships,villages, school districts, or other local governments or acombination thereof, or by a public or local act, the entireinterests of which belong to the general public. It does notinclude a special library such as a professional, technical,or school library, “ The Support of Libraries by PenalFines Act defines a public library as “a library, the wholeinterests of which belong to the general public, lawfullyestablished for free public purposes by any one or morecounties, cities, townships, villages, school districts, orother local governments or a combination thereof, or byany general or local act, but shall not include a speciallibrary such as a professional or technical libraxy or aschool library. ”

Regional Libraries: These libraries may be formedin two or more counties by the state library board

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MINNESOTA

Public libraries in Minnesota are authorized underchapter 134 of the Minnesota Statutes. The followingtypes of libraries maybe created in the state:

City and County Libraries: These libraries maybe created either by petition of voters or directresolution of the governing body of a city or countyand subsequent voter approval. They are governedby a board of five, seven or nine members appointedby the ci~ or county governing body. Cities withhome rule charters may alter the composition andmanner of selection of the board, or may abolish theboard altogether. They are financed through ageneral property tax levied by the sponsoringgovernment,

Regional Public Library Systems: These systemsmay be formed by agreement between two or morecounties or two or more cities located in two or morecounties, after approval of any existing libraryboards in the service area, either under theprovisions of chapter 134, the Joint Exercise ofPowers Law, or the Nonprofit Corporation Law.They are governed by a board consisting ofrepresentatives appointed by the membergovernments. Financing is provided throughproperty tax levies by the member govemrnents,

Regional Public Library Districts: These districtsare authorized by special acts and may be createdeither by joint agreement between the cities andcounties in the service area, or by petition of votersto each city and county and approval at referendumThey are governed by a board composed of electedtrustees and, depending upon the method offormation, ex ofjcio, and appointed members, aswell. They are financed primarily through a specialproperty tax levied by the district. None of thesedistricts were reported in existence in 1995.

Joint City-School District Libraries: Theselibraries may be created by joint ordinance betweena city and a school district. They are governed by aboard of five, seven or nine trustees appointed by themayor and schcol board as set out in the establishingordinance. Financing is provided by city and schooldistrict appropriations subject to statutoryminimums.

Multi-county, Multi-type Library Systems:These systems are established by the state board ofeducation in an area coterrninous with one or moreexisting regional library systems. They are governedby the board of the regional system, ex officio, insystems which serve only one regional librarysystem. Systems serving more than one regionallibra~ system are governed by a board of ninemembers appointed by the regional systems inproportion to population. Funding is providedprimarily through state and federal grants.

Definition

The Minnesota code defines a public library as “anylibrary that provides free access to all residents of a cityor county without discrimination, receives at least half ofits financial support from public funds and is organizedunder the provisions of this chapter, Except as providedin section 134.195, it does not include libraries such aslaw, medical, school and academic libraries organized toserve a special group of persons, or libraries organized asa combination of a public library and another type oflibrary.”

MISSISSIPPI

Public libraries in Mississippi are authorized underMississippi Code Annotated 39-3-1 et. seq. Thefollowing types of libraries maybe formed:

County and Municipal Libraries: These librariesare formed by resolution of a county or municipalgoverning body. They are governed by a board offive trustees (six in Harrison County) appointed bythe sponsoring government, Funding is derivedthrough a special property tax levied by thesponsoring government.

City-County Library Systems: These systems areformed by an agreement between the boards oftrustees of a county and municipal library andapproval of the sponsoring governments. They aregoverned by a board of trustees appointed by thesponsoring governments. The number appointed byeach government is set out in the agreement.Funding is derived iiom a special property tax leviedby the city and county.

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Regional Library Systems: These systems arecreated by an agreement between two or morecounties. They are governed by a board of trusteesappointed by the member counties. They are fundedthrough a formula specified in the creatingagreement, with each county contributing itsproportionate share.

In addition, libraries maybe created by local acts of theMississippi legislature.

Definition

The Mississippi code defines the term “public library” as“A library which provides customary services, withoutcharge, to all the residents of a county, city or region, andis supported in whole or in part by public fimds. ”

MISSOURI

Public libraries in Missouri are organized under chapters182, 137, and 70 of the Missouri Revised Statutes. Thefollowing types of libraries are authorized:

Municipal Library Districts: These libraries areformed by petition of voters to the city governingbody, and approval at referendum. They aregoverned by a nine member board of trusteesappointed by the mayor. Funding is providedthrough a special property tax and state grants.

County Library Districts: These districts areformed by petition of voters to the county governingbody, and approval at referendum. They aregoverned by five member boards of trusteesappointed by the county court. Funding is providedthrough a special property tax and state grants.

City-County Library Districts: These districts areformed by petition of a city library to the countygoverning body. They are governed by a board ofnine trustees with five appointed by the governmentwith the larger population, and four appointed by theother government. Funding is provided through aspecial property tax levy.

Regional and Consolidated Library Systems:These systems are formed by intergovernmentalagreement between two or more counties,municipalities, townships, school districts, and or

special districts to provide library services to theparticipants. The composition of the governing bodyand the specitlc method of funding are set out in theoriginal agreement.

School District Public Libraries: These librariesmay be created by a school district. They aregoverned by the school board, ex officio, and fundedby the school district. The Kansas City publiclibrary currently operates under this law.

Urban Public Library District (Kansas CityPublic Library): This law was passed in 1988 toallow the residents of the Kansas City school districtto convert the library to a district which would beindependent of school district control. This districtmay be formed by resolution of the Kansas Cityschool district board and voter approval, It would begoverned by a nine member board of trustees, sevenof whom would be appointed by the mayor ofKansas City, and two of whom would be appointedby the mayors of Independence and Sugar Creek. Atthe time oftis writing the Kansas City public librarywas still operating as a school district public library.The Kansas City Public Library is reported in theFSCS census with a legal basis code of schooldistrict.”

MONTANA

Public libraries in Montana are authorized by theMontana Cede Annotated title 22. The following types oflibraries are authorized in Montana:

Free Public Libraries: These libraries may beformed by one or more municipalities and/orcounties, either on their own initiative, or by petitionof voters and referendum. Libraries are governed bya five member board of trustees appointed by thechief elected executive of the creatinggovernment(s). Funding is provided through aspecial property tax levy and state appropriations,

School/Community Libraries: School districtsmay open their libraries to the public during non-school hours. These libraries are governed andfunded by the sponsoring school district.

Library Federations: These systems may beestablished by contract between two or more free

26

public libraries to provide regional library services.They are governed by an adviso~ board of trusteesappointed by member libraries. Funding is providedthrough state appropriations and local contributions.

Definition

Montana statutes define the term “public library” as “alibrary created under 22-1303 through 22-1-317 (Freepublic library statutes) that provides library services tothe public by means of central facilities, branch facilities,or bookmobiles,”

NEBRASKA

Public libraries in Nebraska are authorized by chapter 51of the Revised Statutes of Nebraska. The following typesof libraries maybe formed:

Municipal Libraries: These libraries may beformed by resolution of a municipality. They aregoverned by a five member board of trustees whichmay be appointed by the municipal governing body,or popularly elected. Funding is derived through aspecial property tax levied by the municipality.

Township Libraries: These libraries my beestablished by the electors of the township at theannual town meeting. They are governed by a fivemember board of tmstees appointed by the townshipgoverning board. Funding is provided through aspecial property tax levied by the township.

County Libraries: Two different laws authorizethe establishment of county libraries. In both casesthese libraries are formed by county resolution andsubsequent voter approval. Both types are fundedby a special property tax levied by the county. Onetype is governed by a board of five trusteesappointed by the county governing body, while theother type is governed directly by the countygoverning body, ex ofjcio.

Regional Libraries: These libraries are created byresolution of two or more counties, and subsequentvoter approval. They are governed by a commissionconsisting of not more than two members from eachof the county boards. Funding is provided througha special property tax levied by member counties.

In addition special acts govern library organization inOmaha and Lincoln. Both of these public libraries arereported in the FSCS census with legal basis codes of“municipal.”

NEVADA

Public libraries in Nevada are authorized by chapter 379of the Nevada Revised Statutes. The following types oflibraries may be formed:

City Libraries: These libraries may be establishedby resolution of a city. They maybe governed by thecity governing body, ex ofjcio, or by a board oftrustees appointed by the city. They are fundedthrough city appropriations.

County Libraries: These libraries may be formedby resolution of the county board of commissioners.They are governed by a five member board oftrustees appointed by the county, and funded throughcounty appropriations.

County Library Districts: These districts may beformed by petition of voters and county resolution(subject to a backdoor referendum). They aregoverned by a board of five trustees appointed by thecounty governing body. Funding is providedthrough a special property tax, These districts neednot be county wide, and several districts may becreated within the same county.

Regional Libraries: These libraries may be formedby joint agreement between two or more countiesand/or municipalities. They are governed by a boardof five to eleven members appointed as specified inthe agreement. Funding is provided by contributionsfrom member governments.

Regional Network of Libraries: These systemsmay be formed by an intergovernmental agreementbetween two or more public libraries. They aregoverned by a board consisting of one memberappointed by each participating library. Funding isprovided through state, federal, and localcontributions,

Town Libraries: Libraries established inunincorporated towns, under an 1895 law, beforeJuly 1, 1967 may continue to operate under the

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provisions of the County, District, and Consolidatedlibrary laws. They were originally governed by aboard of trustees appointed by the school district, butit is unclear as to how they are presently governed,(It could be assumed that the board of trustees isappointed by the county.) Funding is derived fromcounty appropriations,

Las Vegas-Clark County Consolidated LibraryDistrict: This district was created by a special act,and by j oint resolution of the city and county. It isgoverned by a ten member board of trusteesappointed equally by the city and county. Financingis through a special property tax levy. This publiclibrary is reported in the FSCS census with a legalbasis code of “special library district.”

Pahrump Library District: This district wascreated by a special act to serve the unincorporatedtown of Pahrurnp. It is governed and fimded in thesame manner as county library districts. This publiclibraxy is reported in the FSCS census with a legalbasis code of “special library district.”

North Las Vegas Library District: This districtwas created by a special act and resolution of theNorth Las Vegas city council. It maybe governedby the city council, itself, or by an appointed boardof trustees, The district is tided through a specialproperty tax, which must be equal to the rate leviedby the Las Vegas-Clark County District. This publiclibrary is reported in the FSCS census with a legalbasis code of “municipal,”

NEW HAMPSHIRE

Public libraries in New Hampshire are authorized underchapters 201 and 202 of the New Hampshire RevisedStatutes Annotated. The following types of libraries maybe formed in New Hampshire:

City Libraries: Provisions for these libraries arefound in individual city charters. Trustees areelected and finding is set out in the charter.

Corporation or Association Libraries: Theselibraries are formed as a corporation through a will,gift, or bequest. They become public upon theacceptance of the gift by the town meeting or citygoverning body. These libraries are governed asprovided in their corporate articles, except that oneelected member ffom the participating city or townis elected by the public to serve on the board.Funding is provided through the gift, and city ortown appropriations.

Library Cooperatives: These libraries may beestablished by joint agreement between two or morelibraries including school, academic and speciallibraries. Governance is provided for in theestablishing agreement, and funding is derived frommember contributions and state aid.

Area Library Forums: These organizations arecreated by the state library commissioner to promotecooperative library services, and establish a liaisonbetween area libraries and the state library. They aregoverned by a board consisting of one representativefrom each public library, at least one from eachschool distric~ and a representative from each “otherthan public” library which chooses to participate.Funding is provided through state aid.

Definition

The New Hampshire Statutes define a public library as“every libraxy which receives regular financial support, atleast annually, from public and private sources and whichprovides regular and currently useful libraxy service tothe public without charge. The words may be construedto include reference and circulating libraries, readingrooms and museums regularly open to the public. ”

NEW JERSEY

Public libraries in New Jersey are authorized under titles18A and 40 of the New Jersey Revised Statutes, Thefollowing types of libraries may be created in NewJersey:

Town Libraries: These libraries may be formed by Municipal Free Public Libraries: These librariesmajority vote at a town meeting. They are governed may be established in municipalities and townshipsby an elected board of trustees which must be odd in atler approval at referendum They are governed bynumber. Funding is provided through town seven to nine members appointed by the chiefappropriations. executive of the municipality including the chief

28

executive, ex ofJcio, and one of the localsuperintendents of schools. They are financed bygeneral local purpose taxes.

County Free Libraries: These libraries may beestablished by a county governing body uponpetition of voters and approval at referendum. Theyare governed by a five or seven member boardappointed by the county governing body. They aretided through a dedicated purpose tax.

Joint Libraries: These libraries may be formed bytwo or more municipalities and/or townships atlervoter approval. They are governed by a board oftrustees consisting of three members appointed bythe chief executive officer of each municipality, theCEO, ex officio, and the local superintendent ofschools of each participating government. Fundingis provided by member contributions derived generallocal purpose taxes,

Regional Libraries: These libraries may be createdby joint resolution of the governing bodies of two ormore counties. They are governed by a board oftrustees appointed by the participating counties,Funding is provided through a special property taxlevied by the participating counties, and throughcontracts with municipalities.

Association Libraries: These libraries may becreated as nonprofit corporations, often inconjunction with a will or bequest. They aregoverned as specitkd in the creating instrument, andmay receive both public and private funding.

Local Library Cooperatives: These libraries maybe formed under contract by two or more existinglibraries, and are created as nonprofit corporations.They are governed by a board whose composition isspecified in the contract. Funding is providedthrough state grants and member contributions,

R e g i o n a l Library Cooperatives: Thesecooperatives are formed by the state librarian uponapproval by the state board of education. Amaximum of seven regions maybe formed. They aregoverned by an executive board selected by themember libraries They are fhnded by stateappropriations.

Federations of Free Public Libraries: Theselibraries are created by an agreement between two ormore existing libraries. They are governed by anadvisory council consisting of at least one memberappointed by each participating library. Funding isderived through local appropriations.

Definition

The New Jersey statutes define a public library as “alibrary that serves free of charges all residents of an areawithout discrimination and receives its financial support,in whole or in part, from public funds. ” “Public library”does not include any special-purpose libraxy, such as alaw, medical, school or academic library, which areorganized to serve a special clientele or purpose. ”

NEW MEXICO

Public libraries in New Mexico are authorized undersections 3-18-14, 53-9-1 and 4-36-1 of the New MexicoStatutes Annotated. The following types of libraries maybe created:

Municipal Libraries: These libraries may beestablished by a municipal governing body.Methods of governance and funding are at thediscretion of the municipality.

County Libraries: These libraries may beestablished by a CQunty governing body. Methods ofgovernance and funding are at the discretion of thecounty.

Regional Libraries: These libraries may beestablished after approval by the state libra~commission by agreement between two or morecounties, and may have municipal members, as well.Governance and funding are provided for in thecreating agreement.

Indian Pueblo Libraries: These libraries may beestablished by Indian Pueblos. Governance andfunding are provided for by the tribal government.

In addition counties and municipalities may contract witheach other or the state for library services.

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NEW YORK

Public libraries in New York are authorized under NewYork Education Law article 5, New York UnconsolidatedLaw chapter 80, and numerous special acts. Thefollowing types of libraries maybe created in New York:

Municipal Public Libraries: These libraries maybe created in a village, toy city, or county by directaction of the governing body, or by petition andapproval at referendum. They are governed byboards of trustees appointed by the sponsoringgovernment. Funding may be provided through aspecial property tax, and appropriations by thesponsoring government.

City and County Public Library (Consolidated):These libraries may be established by resolution ofa county governing body and subsequent merger ofa county and city librruy system. They are governedby a board of 15 trustees appointed by the countygoverning body, Funding is provided through aspecial property tax levied by the county.

Joint Public Libraries: These libraries may becreated by contract between two or more cities,towns, counties, villages, ardor school districts.They are governed by a board of five to 25 trusteesappointed by member governments. Funding isprovided by member governments as specii5ed in thecontract.

Indian Public Libraries: These libraries may beestablished by a tribal government, or by a vote ofthe tribal electorate. They may be governed by anelect~ or appointed board. Funding is provided forby the tribal government.

Association Libraries: Association libraries arelibraries established, in whole or in part, by a groupof private individuals operating as an association,closed corporation or as trustees under theprovisions of a will or deed of trust. They may servea city, county, village, town, school district, firedistrict, voting district, or any combination of theabove.

School District Public Libraries: These librariesmay be created by petition of voters to the schoolboard and approval at referendum or, in the case of

a city school system, directly by the school board.They are governed by a board of trustees elected bythe voters, except in the case of city school systems,in which case the school board appoints themembers. They are funded through a specialproperty tax.

Special District Public Libraries: These librariesare created by special acts of the state legislature.Their boards of trustees maybe appointed, elected,or may serve in an ex ofjcio capacity depending onthe individual legislation. Funding is generallyprovided through a special tax on property.

School library Systems: These systems may becreated by a board of cooperative educationalservices, or by a school district serving a city whosepopulation exceeds 125,000, or by a combination ofthe tsvo, after approval by the Commissioner ofEducation. They are governed by the board of thecreating entity, ex ofjlcio, or by a board agreed uponunder a plan submitted to the commissioner in thecase of systems serving a combination of areas.They are fimded through state grants and localappropriations.

Cooperative Library Systems: These systemsmay be formed by a joint meeting of the trustees oftwo or more existing libraries after approval by theCommissioner of Education. They are governed byaboard of 5 to 25 trustees appointed by the trusteesof all member libraries. Funding is provided for bymember libraries, and state grants. The New YorkState Library defines four types of systems asfollows:

Consolidated Systems: Chartered by theBoard of Regents, State University of NewYork, as a single entity under a board oftrustees.

Federated Systems: Created by action of thecounty governing bodies involved while themember libraries retain their own charters(from the Board of Regents, State Universityof New York).

Cooperative Systems: Created by agreementof the boards of chartered (from the Board ofRegents, State University of New York)member libraries, which retain their autonomy.

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Co-Federated Systems: Formed throughconfederation of systems of different types.

Reference and Researeh Library Resources Systems:These systems are formed in a similar manner asCooperative Library Systems, but may include academic,school and special libraries in their membership. Theyare governed by a board of trustees consisting of at leastone member appointed by each participating library.They are tided through member contributions and stategrants.

Definition

The New York code defines a public library as “a library,other than professional, technical or public school library,established for flee public purposes by official action ofa municipality or district or the legislature, where thewhole interests belong to the public.”

NORTH CAROLINA

Public libraries in North Carolina are authorized underchapter 153A article 14 of the North Carolina GeneralStatutes. The following types of libraries maybe foundin the state:

County or Municipal Libraries: These librariesmay be established by resolution of a county or citygoverning body. They may be governed directly bythe sponsoring government, or by a board of up to12 tmstees appointed by the sponsoring enti~. Theare financed through appropriations of the creatinggovernment.

Regional Libraries: These libraries may beestablished by two or more counties underprovisions contained in the North CarolinaAdministrative Code. They are governed by boardsof trustees appointed by the participatinggovernments. Financing is provided throughappropriations of member governments.

In addition, counties ardor municipalities may operatelibraries under joint contracts.

Some libraries in North Carolina have been establishedby special legislation.

NORTH DAKOTA

Public libraries in North Dakota are authorized under theNorth Dakota Century Code chapters 54-24.3, and 40-38. The following types of libraries maybe established:

Municipal or County Libraries: These librariesmay be established by petition of voters to amunicipality or county and approval at referendum.They are governed by a board of five directorsappointed by the sponsoring government. They arefunded through a special property tax.

Regional and Joint Libraries: These libraries maybe created by two or more counties andlor citiesupon voter approval. They are governed by a boardof 5 to 11 members appointed equally by eachparticipating government. Funding is derivedthrough special property taxes levied by membergovernments.

Multi-type Library Authorities: These librariesmay be created by the statewide library planningcommittee to provide for the coordination of libraryservices and resources on a regional basis. They aregoverned by a board consisting of one memberappointed by each participating library. Funding isobtained through service charges.

Book Committees: Any city whose population isless than 2,500 may purchase books and periodicalsfor loan to another local library (city, county, orschool) for use by its residents (this law wasintended to allow small municipalities which couldnot afford to build their own facilities to renderlibraxy service to their citizens). The books andperiodicals remain the property of the city. A bookcommittee of three members is appointed by the cityto oversee the selection of books, Funding isprovided through appropriations.

In addition, several contractual arrangements areauthorized between municipalities, counties, schooldistricts, and the state library for the provision of librayservices.

Definitions

The North Dakota Code defines a public libray as “alibrary that is supported with funds derived from taxation

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and which maintains a balanced collection of materials toserve the lifelong information, reading, and recreationalneeds of the general population. ”

(3HIO

Public libraries in Ohio are authorized by chapter 3375of the Ohio Revised Code Annotated. The followingtypes of libraries maybe established in Ohio:

Municipal Free Public Libraries: These librariesmay be established by a municipal corporation.They are governed by a board of six trusteesappointed by the mayor. No funding mechanism isspecified in the statute, but rdliliation would implythat monies are derived through municipalappropriations.

Township Libraries: These libraries wereestablished prior to September 4, 1947 by a vote ofthe electors. They are governed by a three memberboard of trustees appointed by the township board.They are funded through a special property taxlevied by the township,

County Free Public Libraries: These libraries areestablished by a county upon the receipt of a gift orbequest. They are governed by a six member boardof trustees appointed by the court of common pleas.Funding is provided through a county property taxlevy.

Association Libraries: These libraries may beestablished as nonprofit corporations to providepublic library service. The method of governanceand fi.mding is provided for in their articles ofincorporation.

School District Public Libraries: These librarieswere established by the board of education of aschool district prior to September 4, 1947. They aregoverned by a board of seven trustees appointed bythe board of education. Funding is provided througha special property tax levy of the school district.

Municipal Library Districts: These districts werecreated before June 20, 1978 by resolution of amunicipality whose population exceeded 25,000, orwhose population was less than 25,000 and whichhad a minimum of $100,000 available from a

bequest. They are governed by a six member boardof trustees appointed by the mayor. No fundingmechanism is specified in the statutes, but it can beassumed that funds are derived through municipalappropriations and taxation.

County Library Districts: These districts may beformed by resolution of the county governing bodyon its own initiative, or upon receipt of a petition andafter voter approval; or by county resolution andapproval of the appropriate taxing districts, Theyare governed by a board of seven trustees with threeappointed by the judges of the court of commonpleas, and four appointed by the county governingbody. Funding is derived through a special propertytax levied by the county.

Regional Library Districts: These districts may becreated by joint resolution of two or more counties.They are governed by a seven member board oftrustees, initially appointed by a joint meeting of thecounty commissioners, and thereafter appointed ona rotating basis by member counties. Funding isprovided through a special property tax levied bymember counties,

Area Library Sewice Organizations: Theselibraries may be formed by agreement between theboards of trustees of public libraries in two or morecounties whose combined population is at least250,000, and afler approval by the state libraryboard. They are governed by a board of seven to 15trustees appointed by the participating libraries.Funding is provided through state, federal, and localappropriations.

Metropolitan Library Systems: These systemsmay be formed by agreement among the boards oftrustees of four or more libraries in a metropolitanarea whose population is at least 250,000, and uponapproval by the state library board. They aregoverned by a board of 7 to 15 trustees appointed bymember libraries. Funding is derived through state,federal and local appropriations.

The Martha Kinney Cooper Ohioana LibraryAssociation: This association was incorporated in1929 by Martha Kinney Cooper (the wife of thegovernor at the time), and various educationalorganizations. It specializes in the works of

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Ohioans, It is governed by a board of trustees withfour members appointed by the governor, and therest selected as specified in its corporate charter,Funding is derived from state appropriations (70percent) and private contributions. This associationis not reported in the FSCS as a public library.

OKLAHOMA

Public libraries in Oklahoma are authorized under theOklahoma Statutes 11$31-101, and title 65, and articleX sec. 10A of the state constitution. The following typesof libraries maybe formed in Oklahoma:

Municipal Libraries: These libraries may becreated by a municipal governing body. They maybe governed by a board of five directors appointedby the municipal governing body. Funding isprovided by the municipality.

County Libraries: These libraries may be createdby resolution of a county commission. They aregoverned by the county commission and fimdedthrough a special property tax.

Metropolitan Library Commissions: Thesecommissions may be created in any county whosepopulation is 100,000 or more. They are governedby an 11 or 19 member board of commissionersappointed by the governing body of the county seat,the county, and in some cases, other cities within thecounty. Eleven member boards also include themayor of the county seat and the chairperson of theboard of county commissioners serving ex ofjcio.Funding is provided through local appropriations,fees and charges and, if approved by the voters, aspecial property tax,

City-County Library Commissions: Thesecommissions are established by joint contractbetween a city and county. They are governed by an11 member board, 6 of whom are appointed by thecity, three of whom are appointed by the county, andthe mayor and county chairperson, ex ofjcio.Funding is provided through local appropriations,fees and charges and, if approved by the voters, aspecial property tax.

Rural (Single-County) Library Systems: Thesesystems may be created in counties with populations

below 100,000 by resolution of the board of countycommissioners, joint resolutions of all cities andtowns in the county whose population exceeds2,000, by resolution of the county seat town in theabsence of any cities or towns whose populationsexceed 2,000 or by petition of voters, Finalapproval must be granted by the state library board,They are governed by a board consisting of at leastfive members with one member appointed by thecounty commission from each county commissionerdistrict, one appointed by the county seat town, andone appointed by the largest municipality that is notthe county seat. Funding is provided through localappropriations, fees and charges and if approved bythe voters, a special property tax.

Public (Multi-County) Library Systems: Thesesystems may be created by the boards ofcommissioners of two or more counties on their owninitiative, or after receipt of a petition. Formationmust be approved by all cities within the service areawith a population of 2,000 or more or by the countyseat town if no such city exists. Final approval mustbe granted by the state library board. These systemsare governed by a board consisting of at least fivemembers with one appointed by each county, oneappointed by each city with a population over 2,000(or by the county seat town if no such city exists inthe county) and one appointed by each city with apopulation of at least 1,000 which is at least 30miles from the nearest town having a board member.Funding is provided through local appropriations,fees and charges and, if approved by the voters, aspecial property tax.

In addition, cities and counties may contract with eachother for library services.

Definition

The Oklahoma statutes define a public libray as “alibrary or library system that is freely open to all personsunder identical conditions, and which is supported inwhole or in part by public timds. ”

OREGON

Public libraries in Oregon are authorized under theOregon Revised Statutes chapter 357. The followingtypes of libraries maybe created:

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School District and Community College DistrictPublic Libraries: These libraries may be created toserve the community by a school district orcommunity college district, under the sameprovisions as county and municipal libraries. Theyare governed by a board of five, seven or moremembers appointed by, and at the discretion of, thesponsoring district. Financing is provided througha special property tax and local contributions.

Library Districts: These libraries may be formedby petition of voters to one or more counties andapproval at refkrendurn. They are governed by a fivemember elected board. Financing is providedthrough a special property tax.

County, Municipal and Library Service DistrictPublic Libraries: These libraries may beestablished by the governing body of a county,municipality on its own initiative, or upon petition ofthe voters. Approval at referendum is required in allcases. The libraries are governed by a board of fiveto 15 members appointed by the sponsoringgovernment. They are fmrmced through a specialproper ty tax, and local contributions. Librag+Service Districts are governed by the countygoverning body, ex ofjcio. They maybe used as avehicle to provide library services to spec~lc areasof a county.

In addition counties, municipalities, and school districtsmay contract with each other for library services. Theseservices may be administered by one of the contractingparties, or by a joint board created under the interlocalcooperation act. Presumably, this is how the various“library systems” have been formed.

Definition

The Oregon statutes define a public library as “a publicagency responsible for providing and making accessibleto all residents of a local government unit libraxy andinformation services suitable to persons of all ages.”

PENNSYLVANIA

Public libraries in Pennsylvania are authorized under title24 of the Pennsylvania Statutes Annotated. Thefollowing types of libraries maybe found in the state:

Local Public Libraries: These libraries may beformed by any municipality, township, or schooldistrict or by a deed, gift or testamentary provision,or as non-profit corporations. All local libraries aregoverned by a board of directors, unless the libraryis located in a home rule municipality. In the lattercase governance is specified in the home rulecharter. Libraries organized tier 1961 are governedby a five to seven member board if they aresupported by one government, or by a board of upto nine members if they are supported by multiplemunicipalities. All members are appointed by thesponsoring government(s). Libraries establishedprior to 1961 are governed by a board whosecomposition is specitled in the creating instrument,but must consist of at least two members appointedby each “government” served. Funding may beprovided by a voter-approved property tax, fees andcharges, and a combination of federal, state and localappropriations.

County Libraries: These libraries are organizedunder the same provisions as local public libraries toserve the residents of an entire county. Theirprimary source of local tiding comes fromthe county government but municipalities within thecounty may provide additional support. Some ofthese libraries are organized as Federated PublicLibrary Systems which are authorized in stateregulations.

Municipal AuthorMes: Municipal authorities mayprovide library services. They are created byordinance of a county, municipality, township, orcombination of the above. They are governed by aboard appointed by the creating government(s) andfunded through user fees and charges, and localcontributions.

District Library Centers: These centers arecreated by the state librarian with the approval of theadvisory council on library development to providefor resource sharing, and, in some instances, directlibrmy service. They are governed by a board of upto nine members, 30 percent of whom must belibrarians of participating libraries, and 30 percent ofwhom must be trustees of participating libraries.They are fimded through state grants and localcontributions.

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In addition local governments may enter into jointcontracts for the provision of library services.

RHODE ISLAND

Public libraries in Rhode Island are authorized under theGeneral Laws of Rhode Island 29-4-1 and 7-6-1. Thefollowing types of libraries maybe formed:

City Libraries: These libraries may be formed byresolution of the city council. They are governed bya board of three to seven trustees appointed by thecity council. Funding is provided through localcontributions.

Town Libraries: These libraries may be formed bya vote of the electors at an annual town meeting.They are governed by a board of three to seventrustees appointed by the town council. Funding isprovided through a voter approved property tax.

Nonprofit Libraries: Public libraries in RhodeIsland may be organized as nonprofit corporations.They are governed by a board of trustees, thecomposition of which is specified in their articles ofincorporation. They may receive both private andpublic fimding.

Library Councils: These councils are created bytie governing bodies of public libraries in cities andtowns having more than one such libray. (Amunicipality may have more than one separatelibrary due to libraries donated through wills, gifls,and bequests. Each library may have its ownseparate board of trustees.) Councils are made up ofrepresentatives from each participating library boardof trustees. These councils do not directly providelibrary services, but they do have the power todetermine the respective portions of state aid to bepaid to each libraq in the municipality, and they mayalso promote inter-library cooperation.

Interrelated Library Systems: These systems arecreated by the state department of Iibraxy services tocoordinate library services throughout the state.They are administered through a contract with thestate and one public library designated by the state ineach of five regions. These systems are fundedthrough state aid,

In addition cities and towns are free to contract with eachother for library services.

Definition

The Rhode Island statutes define a public library as “alibrary in a city or town that has been designated by thecity or town council or town financial meeting as a libraryto provide library services to all individuals residing inthe city or town.”

SOUTH CAROLINA

Public libraries in South Carolina are authorized underSouth Carolina Code Armotated 4-9-35. The followingtypes of libraries maybe established:

County Library Systems: These systems may beestablished by ordinance of the county governingbody. They are governed by a board of seven to 11members appointed by the county council. They arefimded through county appropriations, specialproperty tax levies, and state and federal aid.

Regional Libraries: These libraries may be createdby contract between two or more county librarysystems, The systems are governed and fimded asprovided for in the contract.

Note: Several special acts governing libraries have beenpassed in South Carolina. It would appear that all ofthese acts were superseded by the 1978 law currently onthe books. (This law also repealed provisions relating tomunicipal, township, and school district libraries.) TheSouth Carolina library directory lists one library (TheChapin Memorial Library in Myrtle Beach) as being “Nota true branch of the county system; really a looseaffiliate. ” It is possible that this particular libraryoperates under special legislation, although no citationscould be found. This public library is reported in theFSCS census with a legal basis code of “municipal.”

SOUTH DAKOTA

Public libraries in South Dakota are authorized underSouth Dakota Codified Laws Annotated 14-2-1 et. seq.The following types of libraries maybe formed:

County, Municipal and Township Libraries:These libraries may be created by a resolution of a

35

county, municipality or township, or by petition ofvoters and voter approval, They are governed by aboard of six trustees, with five appointed by thesponsoring govemrnent, and an additional memberof the governing body of the sponsoring governmentserving ex of>cio. They are tided throughappropriations by the sponsoring government whichmay include property taxes.

Contract Libraries: These libraries are establishedby contract between a local government alreadyoperating a library and another local government(s)without library service. They are governed byboards of trustees consisting of the original board,and additional members appointed by the contractinggovemrnent(s). They are tided throughappropriations of the participating governments.

Joint Public Libraries: These libraries (sometimesknown as “Regional Libraries”) maybe formed bytwo or more local governments through anintergovernmental agreement. They are governed byboards of trustees appointed by the sponsoringgovernments in proportion to the amount of tidingprovided. They are funded by appropriations of thelocal governments.

In addition school districts may contract for libraryservices with joint or contract libraries. In the event thatthe school board contributes 20 percent or more of thetotal tiding, it may appoint members to the board oftrustees.

Definition

The South Dakota code defines a public library as “anylibrary that serves free of charge all residents of achartered governmental unit, county, municipality,township, or a combination of any of the above, andreceives its financial support in whole or in part frompublic fimds.”

TENNESSEE

Public libraries in Tennessee are authorized under title 10of the Tennessee Code Annotated. The following typesof libraries can be found in Tennessee:

County and Municipal Libraries: These librariesmay be created by the governing body of a county or

municipality. They are governed by a seven memberboard of trustees appointed by the sponsoringgovernment. Funding is provided through a specialproperty tax levy and local appropriations,

Joint City-County Libraries: These libraries arecreated by joint contract between a county and oneor more municipalities within the county. They areadministered by a seven member board of trusteesappointed by the county and municipality(ies) inproportion to population, They are funded throughspecial property tax levies, and county and municipalappropriations.

Regional Libraries: These libraries may be createdby designation by the state library and archivesmanagement board and joint contract between twoor more counties and/or municipalities. They aregoverned by a board of trustees appointed bymember governments as specified in the contract.Funding is provided through state grants, and countyand municipal appropriations.

TEXAS

Public libraries in Texas are authorized under chapter21of the Education code, chapters 323, 281 and 315 of theLocal Government code, and chapters 441 and 791 of theGovernment code as well as, various special acts. Thefollowing types of libraries maybe formed in Texas:

Municipal Libraries: Type A general lawmunicipalities may establish a library by action ofthe municipal governing body, These libraries aregoverned and funded by the municipal governingbody, Although there is no specific statutoryprovision, it appears that “home rule” municipalitiesmay establish libraries in a similar manner,

County Libraries: These libraries may beestablished by the county governing body on its owninitiative, or upon petition of a majority of voters ofthe affected part of the county. They areadministered by a librarian appointed by the county.Funding is obtained through county appropriations,

Joint Libraries: Two or more counties mayestablish a joint librmy for the use of their residentsin the same manner as a county library is established.

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Funding is provided by county appropriations of theparticipating counties.

School-County Libraries: These libraries may beestablished by contract between a county (in whichassessed valuation exceeds $30 million) and aschool district which encompasses the entire coun~,They are governed by a board of five trusteesappointed by the county. They are funded under theterms of the contract by the participating localgovernments.

Civic Center Authority Libraries: These librariesmay be created and operated by civic centerauthorities. They are governed by the board ofdirectors of the authority, ex of]cio, and fimdedthrough fees and charges collected by the authority.

Library Systems: Two types of library systemsmay be formed in Texas: Regional Librmy Systems,and Major Resource Systems.

Regional Libra-y Systems: Formed by electionof at least two-thirds of the member librariesin a major resource system. The regionalsystems may be administered by a nonprofitcorporation whose trustees are selected bymember libraries, or the contracting librariesmay contract with a private business to operatethe system. Funding is provided for in theestablishing contract.

Major Resource Systems: Formed byagreements between participating libraries.Once a system is established, nonmemberpolitical subdivisions may join either bycontract or by petition of 10 percent of theregistered voters and approval at referendumThey are governed by an advisory board of sixmembers who are elected by a committeemade up of one representative appointed byeach member library. Funding is provided forthrough state and local appropriations.

Libraries may also be established by two or more politicalsubdivisions under the Interlocal Cooperation Act,

Definition

The Texas cede defines a public libr~ as “a libraxy thatis operated by a single public agency or board, that istleely open to all persons under identical conditions, andthat receives its financial support in whole or part frompublic funds.”

UTAH

Public libraries in Utah are authorized by title 9, chapter7 of the Utah Code Annotated. The following types oflibraries may be found in Utah:

City Libraries: These libraries may be created bythe city governing body. They are governed by afive to nine member board of directors appointed bythe city governing body, and financed through aspecial property tax levied by the city.

County Libraries: These libraries may beestablished by the county governing body. They aregoverned by a board of five directors and financedthrough a county property tax levy.

Contract Libraries: Counties, cities, schooldistricts and other political subdivisions maycontract for library services. Governance andfunding are provided for in the contract.

VERMONT

Public libraries in Vermont are authorized under title 22of the Vermont Statutes Annotated and section 25.000 ofthe Code of Vermont Rules. The following types oflibraries may be formed in Vermont:

Municipal Libraries: These libraries may beestablished by the governing body of a city orvillage, or town. They are governed by a board of atleast five trustees, who may be either elected by thevoters or appointed by the governing body of themunicipality. Funding is derived fi-om municipalappropriations.

Library Corporations: These libraries areestablished as a corporation by incorporators namedin a will or bequest. They are governed by a self-perpetuating board of trustees. Funding is derived

37

from the original gift, and from municipal and stateappropriations.

Community Libraries: These libraries areestablished by an agreement between a municipalityand a school district. They are governed by a boardof trustees, no more than half of whom may comefrom the school sector. Funding is provided asspecii5ed in the agreement.

Definition

The Vermont code defines a public library as “any libraryestablished and maintained by a municipality or by aprivate asscciati~ corporation or group to provide basiclibrary services flee of charge to all residents of amunicipality or a community and which receives itsannual financial support in whole or in part from publicfunds, “

VIRGINIA

Public libraries in Virginia are authorized under title 42.1of the code of Virginia Annotated and through individualcity charters. The following types of libraries areauthorized in the state:

County, City, and Town Libraries: Theselibraries may be established by the governing bodyof a county, city or town. They may be governeddirectly by the local government, or by a board of atleast five tmstees appointed by the local government,Financing may be provided either through a specialproperty tax levy, or through the general fund of thegovernment.

Regional Library Systems: These systems may beformed by contract between two or more citiesand/or counties, afler approval by the state librruyboard. They are administered by boards appointedby the member governments. Financing is providedthrough contributions by the member governmentsin accordance with the contract.

Local governments may also enter into contracts witheach other, or with private organizations for the provisionof free public library services.

A special act authorizing a cooperative library system forHenrico and Chestetileld Counties, and the city of

Richmond is mentioned in the code, but this arrangementis apparently no longer in effect. These threejurisdictions each have a public library that is reported inthe FSCS census with the legal basis codes of “county”for Chestefileld and Henrico and “municipal” forRichmond.

WASHINGTON

Public libraries in Washington State are authorized undertitle 27, chapter 12 of the Revised Code of Washington,The following types of libraries maybe established in thestate:

County and Municipal Libraries: These librariesmay be established either by direct resolution of thegoverning body of a city or county or by petition ofvoters and approval at referendum, They aregoverned by a board of five trustees appointed by theMayor in the case of a municipality, or the CountyCommission in the case of a county. They arefinanced through tax levies and appropriations of thesponsoring government.

Rural Library Districts: These districts areestablished by petition of voters to the county, andapproval at referendum. They are governed by aboard of five trustees appointed by the countycommission. Financing is provided through aspecial property tax levied by the district.

Rural Partial County Library Districts: Thesedistricts which serve only portions of theunincorporated area of a single county may becreated by petition and referendum. They aregoverned by a board of five or seven trusteesappointed by the county. Financing is providedthrough a special property tax levied by the district.

Intercounty Rural Library Districts: Thesedistricts may be established in one of two ways: 1)By adoption of identical resolutions of two or morecounties, or by petition of voters to the counties, andapproval at referendum; or 2) By majority vote ofthe county commissioners of two or more counties ata joint meeting. They are governed by a board offive or seven trustees appointed jointly by the countycommissions. Financing is provided through aspecial property tax levied by the district.

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Island Library District: These districts may beestablished in San Juan County by petition of votersand approval at referendum. They are governed bya board of five trustees appointed by the countycommission. Financing is provided through aspecial property tax levied by the district.

Regional Library Districts: These districts areformed by joint action of two or more countiesardor municipalities. They are governed by a boardof five or seven trustees appointed by joint action ofthe member governments. Financing is providedthrough proportionate contributions by membergovernments.

In addition, a county or municipality may contract with anestablished public library for library service.

Washington law also authorizes “Libr~ Capital FacilityAreas” to finance librruy construction.

WEST VIRGINIA

Public libraries in West Virginia are authorized by title10 of the West Virginia Code. The following types oflibraries may be established in West Virginia:

City and County Libraries: These libraries maybe established by resolution of the governing body ofa city or county. They are governed by a board offive trustees appointed by the sponsoringgovernment. Financing may be provided throughappropriations from the general fund, or through aspecial property tax levy.

Regional Libraries: These libraries may beestablished by contract between two or morecounties. They are governed by a board of five toten directors appointed by the member counties.They are financed through proportionatecontributions by each county as speciiled in thecontract.

Joint (Contract) Libraries: These libraries maybe established by contract between two or morecounties, municipalities, and\or school boards, Theyare govemcd by a board of five trustees appointed bythe sponsoring governments. Financing is derivedthrough local appropriations.

Association Libraries: These libraries areestablished through a will, gitl or bequest. They aregoverned by a board of trustees specified by theindividual making the @. Financing is provided forby the individual making the gift.

Special Act Libraries: Libraries in West Virginiamay also be created by special acts of the statelegislature, or by ordinance of counties and cities intheir individual charters. Methods for governanceand financing are set out in each individual act.

WISCONSIN

Public libraries in Wisconsin are authorized underchapter 43 of the Wisconsin Statutes. The followingtypes of libraries maybe established:

Municipal Libraries: These libraries may beestablished by a city, village, town, school district(which operated a library prior to December 17,197 1), tribal government, or tribal association. Theyare governed by a board of trustees composed offive, seven or nine members depending upon thetype of establishing government. Members areappointed by the establishing government. Thecomposition of the board for the city of Milwaukeeis governed by a special act. Funding is derivedthrough a special property tax or municipalappropriations.

County Library Services: These libraries may beformed by the county governing body to providelibrary services to areas of the county which do notpresently receive such services, and supplementservice to areas presently receiving services. Theyare governed by a board of seven trustees appointedby the county governing body, which must includerepresentatives of existing library boards if thecounty is supplementing services. Funding isprovided through a special county property tax levyor county and municipal appropriations.

Joint Libraries: Any two or more contiguousmunicipalities, or a county and one or moremunicipalities located in the county, may form thistype of library under a joint agreement. They aregoverned by a board of trustees consisting of sevento eleven members appointed by the participatinggovernments. Funding is provided through a special

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tax levy by or appropriations from the participatinggovernments.

Consolidated County Libraries: These librariesare formed by the county governing body to providelibrary service. They are governed by a seven or ninemember board appointed by the county. Funding isprovided through a special property tax or countyappropriations.

Federated Public Library Systems: Thesesystems may be formed by one or more countiesafter approval by the state division of libraryservices. They are governed by a board of sevenmembers for single county systems and a board of 15to 20 members for multiple county systems. Insingle county systems members are appointed by thecounty governing body, at least three of whom mustbe current members of a municipal library boardwithin the county. In multi-county systems allmembers are appointed jointly by member countiesin proportion to population. Funding is provided bystate aid and county appropriations.

Consolidated Public Library Systems: Thesesystems may be formed by a county after stateapproval. They are governed by a board of seven ornine members appointed by the county. They arefunded by county appropriations and state aid. Nosystems of this type were reported in operation in1995.

WYOMING

Public libraries in Wyoming are authorized by title 17,chapter 7 and title 18, chapter 7 of the Wyoming Statutes.The following types of libraries may be established inWyoming:

County Libraries: These libraries may be formedby the county governing body. They areadministered by a board of three or five tmsteesappointed by the county. Funding is providedthrough a special property tax.

Federations of Libraries: These libraries maybeestablished by contract between two or morecounties to provide cooperative library services.They are governed and funded as specified in thecontract.

Rock Springs City Library: This library isadministered as a branch of the Sweetwater Countylibrary. It is jointly governed by the county board oflibrmy trustees and a board of txustees appointed bythe city. Expenses are shared by the city and county.

Association Libraries: These libraries may beformed as nonprofit corporations. They aregoverned by a board of trustees as specified in theircorporate charters. Funding is provided through agift or bequest.

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