Session Law

Identifying Information:L. 2002 ch. 068
Other Identifying Information:2002 House Bill 2781
Tax Type:Other
Brief Description:An Act concerning libraries; relating to library funds and law library fees; establishing the Independence area library district; amending K.S.A. 12-1226 and 20-3126 and repealing the existing sections.
Keywords:


Body:


CHAPTER 68

HOUSE BILL No. 2781


An Act concerning libraries; relating to library funds and law library fees; establishing the

Independence area library district; amending K.S.A. 12-1226 and 20-3126 and repealing


the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 12-1226 is hereby amended to read as follows: 12-

1226. (a) Except as provided by subsection (b) this section, the treasurer

of the library board shall give bond, in an amount fixed by the board and

approved by the governing body of the municipality, for the safekeeping

and due disbursement of all funds that may come into the treasurer's

hands. The bonds shall be filed with the clerk of the municipality. Except

where otherwise provided by law, the treasurer of the municipality shall

pay over to the treasurer of the library board all funds collected for the

maintenance of the library, and the treasurer of the library board shall

pay out the funds on orders of the board signed by the secretary and

chairperson thereof. Such treasurer shall keep an accurate record of all

moneys received and disbursed thereby and make a report thereof to the

library board monthly, or as often as the board requires.

(b) In Johnson county, the treasurer of the library board shall give

bond, in an amount fixed by the library board and approved by the board

of county commissioners for the safekeeping and due disbursement of all

funds that may come into the treasurer's hands. The bond shall be filed

with the county clerk. Except where otherwise provided by law, the trea-

surer of the library board shall pay over to the county treasurer all funds

collected for the maintenance of the library, with the exception of gifts

and nongovernmental grants. The treasurer of the library board shall keep

an accurate record of all moneys received along with its source and those

moneys disbursed to the county treasurer. The funds of such library board

in the hands of the county treasurer shall be maintained in a separate

library fund and any interest payable thereon shall be added to that fund.

The administration of such fund shall be with the county treasurer who

shall pay out moneys from the fund upon orders signed by the chairperson

of the board of county commissioners and the county clerk or their des-

ignees.

(c) In Wyandotte county, the director of revenue of the unified gov-

ernment shall not pay over to the treasurer of the library board moneys

collected for the maintenance of the library. The director of revenue shall

maintain such moneys in a separate library fund. Any interest attributable

to library moneys shall be deposited in the library fund. All moneys from

gift, grants, donations or bequests to the library also shall be deposited in

the library fund. The director of revenue shall administer the library fund

and shall pay out moneys from the library fund, upon approval of the

library board, and on orders signed by the chairperson and the treasurer

of the library board or other authorized officers of the library board.

Sec. 2. K.S.A. 20-3126 is hereby amended to read as follows: 20-

3126. (a) Any county of this state may establish a county law library, under

the provisions of and subject to the qualifications of this act. Any law

library in existence on the effective date of this act which was established

under previously existing statutes or previous versions of this statute shall

be governed by this statute, and amendments thereto, on and after the

effective date of this act.

(b) No county law library shall be established under the provisions of

this act until a majority of the attorneys required to register in such county

and admitted to practice before the bar in Kansas elect to do so, except

that, where a county law library has already been established pursuant to

other statutory provisions, such library shall come under the provisions

of this act.

(c) All attorneys required to register in such county shall register an-

nually with the clerk of the district court in a register kept for that pur-

pose. The clerk shall enter the name, place of residence, employment,

location of office and firm connection, if any, of each such attorney. All

such attorneys shall register within 30 days after an election has been

made to provide for a county law library, and on or before January 15 of

each year thereafter. All attorneys required to register, except those em-

ployed solely as public defenders by the state board of indigents' defense

services, shall pay to the clerk at the time of registering an annual regis-

tration fee of not less than $10 nor more than $75, as determined by the

trustees of the law library, except that in Sedgwick county and Johnson

counties, each attorney shall pay to such clerk at the time of registering

an annual registration fee of not less than $25 nor more than $125, as

determined by the trustees of the law library. Public defenders are ex-

empt from the registration fee during their employment with the state

board of indigents' defense services. A registration fee in excess of the

amount prescribed in this subsection annually may be fixed by a majority

of the attorneys registered under the provisions of this act. A schedule of

current registration fees shall be filed with the clerk of the district court.

(d) Whenever a law library has been established in any county, the

clerk of the district court, or the clerk of any inferior court within such

county, shall not file in the clerk's office in any matter or action, any

pleading or other papers signed by an attorney required to register under

this act who has not so registered and paid to the clerk of the district

court the required registration fee.

(e) For the purposes of this section, an attorney shall be required to

be registered in the county: (1) Where the attorney's principal office is

located, if such attorney is a resident of Kansas or a resident of another

state; or (2) where the attorney resides, if such attorney's principal office

is located in another state. The principal office shall be the principal office

of the attorney and not the principal office of such attorney's firm.

New Sec. 3. When used in this act and unless otherwise specifically

provided therein:

(a) ``Board of education'' means the board of education of unified

school district no. 446;

(b) ``county'' means Montgomery county;

(c) ``city'' means the city of Independence, Kansas;

(d) ``library district'' means all territory located within the boundaries

of unified school district no. 446 and within Montgomery County, Kansas;

(e) ``board'' means the library board of trustees appointed pursuant

to the provisions of this act;

(f) ``library'' means a library which serves the general public and is

supported in whole or in part with tax money and shall be called the

Independence area public library;

(g) ``governing body'' means the governing body of the city of Inde-

pendence, Kansas or the board of county commissioners of Montgomery

county, Kansas; and

(h) ``maintenance and support'' means the general and usual cost and

expense of operating a library.

New Sec. 4. (a) The board of trustees of the Independence public

library may adopt a resolution proposing to create a library district. A

copy of such resolution shall be filed with the county election officer who

shall call and hold an election thereon. Such election shall be called and

held in the manner provided by the general bond law.

(b) If a majority of the qualified electors of the proposed library dis-

trict on the proposition vote in favor thereof:

(1) A library shall be established and maintained and a library board

shall be appointed as provided in this act;

(2) all contracts entered into by the board of directors of the Inde-

pendence public library shall be binding on the library board appointed

pursuant to this act; and

(3) all outstanding bonds, debts and other obligations of the Inde-

pendence public library shall become an obligation of the Independence

area public library except that all bonds and debts relating to the own-

ership or improvement of the real property in which the Independence

public library operates shall remain an obligation of the city of Indepen-

dence, Kansas.

New Sec. 5. (a) Any library district created pursuant to the provisions

of section 4, and amendments thereto, shall be governed by a board of

trustees. Such board shall consist of seven members. Four members shall

be appointed by the governing body of the city of Independence, Kansas

and shall be residents of the city. Two members shall be appointed by

the board of education. Members appointed by the board of education

shall be residents of the library district, who reside outside the corporate

limits of the city of Independence but within the boundaries of unified

school district no. 446. One member shall be appointed by the governing

body of the city of Elk City, Kansas.

(b) Members of the board of directors of the Independence public

library serving prior to the election creating the library district shall con-

tinue on the board until the expiration of the term for which originally

appointed. Such members shall be eligible for reappointment. The board

of education shall appoint two members to the library board within 60

days following the election approving the creation of the district. Such

members appointed by the board of education and the member appointed

by the governing body of the city of Elk City, Kansas shall serve for terms

expiring the second April 30 following the date of appointment. Upon

expiration of the terms of such members, succeeding members shall be

appointed for terms of four years.

(c) Except as provided by this section, members of the library board

shall be appointed for terms of four years and until their successors are

appointed and qualified. Vacancies on the library board shall be filled by

appointment for the unexpired term.

(d) Members of the library board shall receive no compensation but

shall be paid their actual and necessary expenses in attending meetings

and in carrying out their duties as members of the board.

New Sec. 6. The board shall constitute a body corporate and politic,

possessing the usual powers of a corporation for public purposes, under

the name and style of ``the board of trustees of the Independence area

public library'' and under such name may contract, sue and be sued and

acquire, hold and convey personal property in accordance with law.

New Sec. 7. (a) Each year the members of a library board shall meet

and organize by the election of a chairperson, a secretary and a treasurer

and such other officers as they may deem necessary. The board shall fix

the date and place of its regular meetings and special meetings may be

called by the chairperson or upon written request of a majority of the

members. Written notice, stating the time and place of any special meet-

ing and the purpose for which called, unless waived, shall be given to

each member of the board at least two days in advance of such meeting,

and no business other than that stated in the notice shall be transacted

at such meeting.

(b) The treasurer of the library board shall give bond, in an amount

fixed by the board and approved by the governing body of the city and

the board of education, for the safekeeping and due disbursement of all

funds that may come into the treasurer's hands. The bond shall be filed

with the county clerk. Except where otherwise provided by law, the

county treasurer shall pay over to the treasurer of the library board all

funds collected for the maintenance of the library, and the treasurer of

the library board shall pay out the funds on orders of the board signed

by the secretary and chairperson thereof. Such treasurer shall keep an

accurate record of all moneys received and disbursed thereby and make

a report thereof to the library board monthly, or as often as the board

requires.

New Sec. 8. The library shall be free for the use of the residents of

the library district, subject always to such reasonable rules and regulations

as the library board may adopt. The library board may exclude from the

use of the library any and all persons who shall willfully violate such rules.

The library board may extend the use and privilege of such library to

nonresidents of the district, charge nonresidents a reasonable fee therefor

and make exchanges of books with any other library upon such terms and

conditions as the library board may from time to time by its regulations

prescribe.

New Sec. 9. The library board shall have the power:

(a) To make and adopt rules and regulations for the administration

of the library;

(b) to lease a site or sites and to lease a building or buildings for the

use of the library;

(c) to acquire by purchase, gift or exchange, books, magazines, pa-

pers, printed materials, slides, pictures, films, projection equipment, pho-

nograph records and other material and equipment deemed necessary by

the board for the maintenance and extension of modern library service;

(d) to employ a librarian and such other employees as the board

deems necessary and to remove such employees and to fix their compen-

sation;

(e) to establish and maintain a library or libraries and traveling library

service within the district or within any other municipality with which

service contract arrangements have been made;

(f) to contract with other libraries or with the governing body of a

municipality for the furnishing of library service to the inhabitants of such

municipality to the extent and upon such terms as may be agreed upon,

and to contract with any school board to furnish library service to any

school library or to use the library facilities of the public school to sup-

plement the facilities of the public library;

(g) to receive, accept and administer any money appropriated or

granted to it by the state or the federal government or any agency or

subdivision thereof for the purpose of aiding or providing library service;

(h) to receive and accept any gift or donation to the library and ad-

minister the same in accordance with any provisions thereof. If no pro-

visions are specified, the board shall have the power to hold, invest or

reinvest the gift and any dividends, interest, rent or income derived from

the gift in the manner the board deems will best serve the interests of

the library;

(i) to receive and accept any grant, gift, donation or appropriated or

other funds from the United States government, or its agencies, or any

other source whatsoever for the purposes of the library district established

under this act;

(j) to make annual reports to the state librarian and the governing

body of the city of Independence and board of education on or before

January 31 of each year for the preceding calendar year, showing receipts

and disbursements from all funds under its control, and showing such

statistical information relating to library materials acquired and on hand,

number of library users, library services available, and other information

of general interest as the governing body requires; and

(k) to place money received from sources other than a tax levy for

library purposes in a separate fund or funds or in the fund to which the

tax levy money is credited unless the grantor or donor directs how and

for what purpose the money shall be handled and spent.

New Sec. 10. (a) The library board shall prepare an annual budget

for the maintenance, support and operation of the library. Prior to the

certification of its budget to the board of education, the library board

shall meet for the purpose of answering and hearing objections of tax-

payers relating to the proposed budget and for the purpose of considering

amendments to such proposed budget. The library board shall give at

least 10 days' notice of the time and place of the meeting by publication

in a weekly or daily newspaper having a general circulation in the taxing

district. Such notice shall include the proposed budget and shall set out

all essential items in the budget except such groupings as designated by

the director of accounts and reports on a special publication form pre-

scribed by the director of accounts and reports and furnished with the

regular budget form. The public hearing required to be held herein shall

be held not less than 10 days prior to the date on which the library board

is required to certify its budget to the board of education. After such

hearing the budget shall be adopted or amended and adopted by the

library board. In order to provide funds to carry out the provisions of this

act, the library board shall annually, not later than August 1 of any year,

certify its budget to the board of education which shall levy a tax at a rate

of not to exceed 1.2 mills on all the taxable tangible property within the

taxing district. Each year a copy of the budget adopted by the library

board shall be filed with the clerk of the board of education. A copy of

such budget also shall be filed with the county clerk of Montgomery

County, Kansas. The board of education shall not be required to levy a

tax in excess of the maximum tax levy set by the board of education by

current resolution. Whenever the library board determines that the tax

currently being levied for the library, as previously established by the

board of education, is insufficient to operate the library and the library

board desires to increase the mill levy above the current levy, the library

board may request that the board of education authorize an increase by

adopting a resolution declaring it necessary to increase the annual levy.

The board of education may authorize the increase by resolution, but

such increase shall not exceed .25 mill per year.

(b) Any resolution adopted under subsection (a) shall state the total

amount of the tax to be levied for the library board and shall be published

once each week for two consecutive weeks in the official newspaper of

the taxing district. Whereupon, such annual levy in an amount not to

exceed the amount stated in the resolution may be made for the ensuing

budget year and each successive budget year unless a petition requesting

an election upon the proposition to increase the tax levy in excess of the

current tax levy, signed by at least 5% of the qualified voters of the taxing

district, is filed with the county election officer within 30 days following

the date of the last publication of the resolution. In the event a valid

petition is filed, no such increased levy shall be made without such prop-

osition having been submitted to and having been approved by a majority

of the voters of the taxing district voting at an election called and held

thereon. All such elections shall be called and held in the manner pro-

vided by the general bond law, and the cost of the election shall be borne

by the library board. Such taxes shall be levied and collected in like man-

ner as other taxes, which levy the board of education shall certify, on or

before August 25 of each year, to the county clerk who is hereby author-

ized and required to place the same on the tax roll of the county to be

collected by the county treasurer and paid over by the county treasurer

to the treasurer of the library board.

(c) The tax levy provided in this section shall not be considered to be

a levy of the board of education, the city or county school district under

any of the statutes of this state, but shall be in addition to all other levies

authorized or limited by law.

(d) At any time after the making of the first tax levy pursuant to this

act, the amount of such tax levy may be reduced by a majority of the

voters of the taxing district voting at an election called pursuant to a

petition signed by at least 10% of the qualified voters residing in the taxing

district and conducted in the same manner as that prescribed by subsec-

tion (b). If the petition submitted is for the purpose of reducing the mill

levy, it shall state the mill levy reduction desired. Upon revocation, all

property and money belonging to the library board shall become the

property of the city of Independence, Kansas, and the library district shall

be dissolved.

(e) All financial records of the library board shall be audited as pro-

vided in K.S.A. 75-1122, and amendments thereto, and a copy of such

annual audit report shall be filed with the board of education. A copy of

such audit also shall be filed with the county clerk of the county in which

the library is located. The cost of each audit shall be borne by the library

board.

(f) Notwithstanding any other provision of law, upon the date the tax

levy provided for in this act takes effect, no tax levy on land within the

library district created by this act shall be imposed, required or collected

to support a regional system of cooperating libraries.

New Sec. 11. Sections 3 through 11 shall be known and may be cited

as the Independence area library district act.

Sec. 12. K.S.A. 12-1226 and 20-3126 are hereby repealed.

Sec. 13. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 15, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002