2025 Session Last amended: 1987 session

§ 134.08 — Establishing and Discontinuing Library Service; Applicability of Law

Plain-Language Summary

If a city or county has not voluntarily established a library under section 134.07, voters can trigger a referendum by petition — five percent of those who voted in the last general election must sign. If a majority of voters approve at the next general election, the governing body must establish library service. Library service established by referendum can only be discontinued by another majority vote of the electorate through the same petition process.

134.08 ESTABLISHING AND DISCONTINUING LIBRARY SERVICE; APPLICABILITY OF LAW.

Subdivision 1.Establishment.

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

Subd. 2.Discontinuance.

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

Subd. 3.Applicability.

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

History:

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

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

Practical Notes

If your city or county does not have a public library and you want one, organize a petition drive to get at least five percent of voters who voted in the last general election to sign. The question then goes to the next general election ballot. Existing libraries established by referendum are very hard to close — it takes another voter-approved referendum to discontinue service.

Source: Minnesota Office of the Revisor of Statutes