Recently Asked Questions

We have become aware that a recent law in New York shortened the statute of limitations to collect consumer debts.  Does this affect our library’s ability to enforce and collect library fines?

My association library is updating our meeting room policy. I've read Ask the Lawyer's previous advice on meeting rooms, as well as ALA's guidance. I have two questions that I can't find guidance on:

1. Private Use: We have only one meeting space that's used for library programs and by outside groups. It's adjacent to office space and a kitchen, so staff may need to walk through the meeting room at any time. When people reserve the room, we do tell them that it's not completely private for that reason so they know what to expect.

Our current policy states that the room "may not be used for private social functions, such as showers, birthday parties, wedding receptions, etc. unless permission is granted by the board of trustees." In practice, we have groups of card players, knitters or private meetings (local businesses, homeowners associations) regularly at no charge. If someone rented the room for a party, we would charge. I see those private meetings or activities as different from parties. Are we able to differentiate between types of private uses of the space?

2. Different fees for residents: If we charge fees, can we have different charges for people in our service area vs. people from out of town? We do live in a tourist area, and people will meet here as a destination. If a local non-profit reserves the room, I'd like it to be free, but if a non-profit that's not located in or serving our area wants to book it, I'd want to charge them. For out-of-town profit-making entities, I'd want to charge more. Can we set whatever fee structure we want?

For context, our chartered to serve area is our town, but we receive a tax levy from a larger area (our school district). We'd consider school district residents local.

What laws or limits should libraries consider when storing and collecting patron account debts?

Who is responsible for compliance: the library where a patron is registered (they set their own blocking policies), or the system maintaining the records?

Similarly, does the library system (who manages an ILS on behalf of its member libraries) have the authority over library records, including that of purging library patron accounts, according to local policy?

My library has long been in the practice of charging what we often refer to as a "research fee" or "consulting fee." I am familiar with some libraries who have a similar practice, but wonder if it's legal for us to charge an hourly rate for work done by volunteers? The workflow has always been as follows: a reference request is received by the Librarian, a determination of whether the question is appropriate for our collection is made, then the work is delegated to a volunteer. In general, we've never taken on a job of over 2 hours, and most questions relate to our genealogy collections / searching vital records.

We are a school district public library, and a governmental entity, considering crafting a policy relating to debts discharged in bankruptcy, if the library is named as a creditor. 

Are replacement costs for library materials exempt from or subject to discharge of debt? Overdue fines? 
Fees levied in an attempt to recover materials (i.e. collection agency fees)? (We do not submit overdue fines to collection agencies, only the replacement costs of materials, in an attempt to recover them)

Are we allowed to impose restrictions on borrowers whose debt has been discharged, if they have not returned materials owned by the library? For example, can we deny loans to a borrower until they return library materials, or pay for them, if the debt has been discharged; or can we limit the number of items loaned for a period of time?

The following is an example of a such a policy. Is it problematic?

The Library will comply with Discharge of Debtor decrees by bankruptcy courts. Once the library is notified that a bankruptcy has been filed, collection activity is suspended on the customer’s account and on the accounts of any minor children (to the extent that the charges existed prior to the date of the bankruptcy filing) until the library is notified of the outcome.
Cardholders who have: 

• Filed for bankruptcy,
• Named The Library as a creditor,
• Received a discharge, and
• Presented the appropriate documents to the library
• Shall have outstanding balances for fines, fees, and collection agency charges removed from their accounts. However, all Library materials borrowed on any account covered by the bankruptcy decision must be returned in order to have a Library card in good standing. 

Only charges owed to The Library as of the date of the decree will be waived. Fines and fees incurred after the period of time covered by the bankruptcy proceedings are not covered by the discharge document and will remain on the borrower’s account and those of any minor children. 

Thanks for any guidance!