As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                              H. B. No. 674      5            

      1997-1998                                                    6            


    REPRESENTATIVES CAREY-GARCIA-TERWILLEGER-GRENDELL-EVANS-       8            

     HOUSEHOLDER-TIBERI-CORBIN-SULZER-YOUNG-OGG-ALLEN-LOGAN-       9            

            MEAD-REID-OPFER-MOTTLEY-JOLIVETTE-SALERNO              10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 3375.90 to 3375.93 and to repeal    14           

                sections 3375.70, 3375.71, 3375.72, and 3375.73    15           

                of the Revised Code to  authorize certain          16           

                libraries to form regional library systems.        17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 3375.90, 3375.91, 3375.92, and     20           

3375.93 of the Revised Code be amended to read as follows:         21           

      Sec. 3375.90.  Any PUBLIC LIBRARIES IN TWO OR MORE           30           

COUNTIES, OR four or more libraries, INCLUDING TWO OR MORE TYPES,  31           

within a metropolitan area, as defined by the state library        33           

board, with a population of two hundred fifty thousand or more     34           

may form a metropolitan REGIONAL library system by agreement in    35           

the manner set forth in this section.                              36           

      (A)  The libraries forming the AUTHORIZED TO FORM A          38           

REGIONAL LIBRARY system shall MAY include two or more ANY of the   40           

following types of libraries:  academic, public, special, and      41           

school, including cooperative ventures established by two or more  42           

school districts.  For the purposes of this section, such          43           

libraries may be serving the general public, public or private     44           

schools, colleges or universities, or a profession, occupation,    45           

or business.                                                                    

      An agreement for the formation of a metropolitan REGIONAL    47           

library system shall first be approved by the governing bodies of  49           

the participating libraries.  For the purposes of this section,    50           

                                                          2      

                                                                 
the governing body of a library means the board of trustees of a   51           

public library, or the board of education of a public school or                 

school system if the library is a public school library, or        52           

otherwise the board of trustees or directors or other recognized   53           

governing board or committee of any private school, college,       54           

university, association or union, public or private, which         55           

provides, controls, or maintains a library which is intended to    56           

be a participating library.                                                     

      (B)  The EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF     58           

THIS SECTION, THE agreement and an application for the formation   59           

of the metropolitan REGIONAL library system shall be submitted to  61           

the state library board in the form and in accordance with rules   62           

prescribed by the state library board, with a plan of service      63           

describing the specific purposes for which the system is formed                 

and the means by which such purposes are to be accomplished.       64           

      (C)  Upon approval of the application by the state library   66           

board and the making by that board or some other authority or      67           

authorities of a grant or grants for the system, the metropolitan  68           

REGIONAL library system shall become operable.  THE STATE LIBRARY  69           

BOARD SHALL APPROVE NO MORE THAN ELEVEN REGIONAL LIBRARY SYSTEMS.  70           

      A metropolitan REGIONAL library system shall be governed by  72           

a board of trustees consisting of at least seven and no more than  74           

fifteen persons, to be selected from among the representatives of  75           

the participating libraries, duly appointed as such                76           

representatives by the governing bodies of the participating                    

libraries.                                                         77           

      The number of trustees, the manner of selection, the terms   79           

of office and the provisions for filling vacancies shall be        80           

determined by the agreement between the governing bodies of the    81           

participating libraries, and shall be set forth in the             82           

application submitted to the state library board.  Nothing                      

pertaining to the organization and operation of a metropolitan     83           

REGIONAL library system shall be construed to infringe upon the    85           

autonomy of any participating library or of the governing body of  86           

                                                          3      

                                                                 
any library.                                                                    

      (D)  NO AREA LIBRARY SERVICE ORGANIZATION OR METROPOLITAN    88           

LIBRARY SYSTEM IN EXISTENCE ON THE EFFECTIVE DATE OF THIS          89           

AMENDMENT SHALL BE REQUIRED TO SUBMIT A NEW AGREEMENT AND          90           

APPLICATION TO THE STATE LIBRARY BOARD IN ORDER TO CONTINUE        91           

OPERATION AS A REGIONAL LIBRARY SYSTEM ON AND AFTER THAT DATE.                  

ANY AGREEMENT THAT APPLIED UNDER THIS SECTION IMMEDIATELY PRIOR    92           

TO THE EFFECTIVE DATE OF THIS AMENDMENT TO AN AREA LIBRARY         93           

SERVICE ORGANIZATION OR METROPOLITAN LIBRARY SYSTEM THAT           94           

CONTINUES OPERATION AS A REGIONAL LIBRARY SYSTEM UNDER THIS        95           

DIVISION SHALL CONTINUE TO GOVERN THE APPLICABLE REGIONAL LIBRARY  96           

SYSTEM TO THE EXTENT AUTHORIZED BY SECTIONS 3375.90 TO 3375.93 OF               

THE REVISED CODE.                                                               

      Sec. 3375.91.  The board of trustees of each metropolitan    105          

REGIONAL library system may:                                       107          

      (A)  Develop plans of service and operation for the          109          

metropolitan REGIONAL library system and submit these to the       110          

state library board; and to each other granting authority if and   113          

when required by such authority;                                                

      (B)  Receive grants, payments, bequests, and gifts and have  115          

exclusive control of the expenditure of all moneys held in the     116          

name of the metropolitan REGIONAL library system;                  117          

      (C)  Expend for library purposes, and in the exercise of     119          

the powers enumerated in this section, all moneys whether          120          

received as grants, payments, gifts, bequests, or otherwise, and   121          

generally do all things it determines necessary for the            122          

establishment, maintenance, and improvement of the metropolitan    123          

REGIONAL library system under its jurisdiction;                    125          

      (D)  Make and publish such bylaws and rules as may be        127          

necessary for its operation and for the government of the          128          

metropolitan REGIONAL library system;                              129          

      (E)  Purchase or lease vehicles and other personal property  131          

for the operation of the metropolitan REGIONAL library system;     132          

      (F)  Purchase, erect, lease, or lease with an option to      134          

                                                          4      

                                                                 
purchase, appropriate buildings or parts of buildings for use of   135          

the metropolitan REGIONAL library system;                          136          

      (G)  Hold title to and have the custody of all property,     138          

both real and personal, of the metropolitan REGIONAL library       139          

system;                                                            140          

      (H)  Appoint and fix the compensation of a director and      142          

necessary assistants, who, subject to the approval of the state    143          

library board, shall have the same employment status as employees  144          

of public libraries;                                               145          

      (I)  Elect and fix compensation of a clerk and a deputy      147          

clerk who shall serve for a term of one year;                      148          

      (J)  Enter into contracts with the governing body of any     150          

participating library organized under sections 1713.28, 3375.06,   151          

3375.10, 3375.12, 3375.121, 3375.15, 3375.22, and 3375.30 of the   152          

Revised Code, the state library board, any granting authority,     153          

the board of county commissioners of any county, the board of      154          

education of any school district, the legislative authority of     155          

any municipal corporation, boards of township trustees, colleges,  156          

universities, or public or private agencies and corporations;      157          

      (K)  Accept an application from any other library desiring   159          

to become a participating library in accordance with the           160          

agreement for the formation of the system, either as originally    161          

submitted to and approved by the state library board, or as        162          

amended by and with the agreement of all the participating         163          

libraries and the approval of the state library board.             164          

      Sec. 3375.92.  The clerk of the board of trustees of the     173          

metropolitan REGIONAL library system is the treasurer of the       174          

organization's funds.  Before entering upon their duties, the      175          

clerk and the deputy clerk shall execute a bond in an amount and   176          

with surety to be approved by the board, and conditioned for the   177          

faithful performance of the official duties required of them.      178          

      All moneys received by the clerk shall be immediately        180          

placed by him THE CLERK in a depository designated by the board.   181          

The clerk shall keep an account of the funds credited to the       183          

                                                          5      

                                                                 
board.                                                                          

      The clerk shall render a monthly statement to the board      185          

showing the revenues and receipts from whatever sources derived,   186          

the disbursements and the purposes for such disbursements, and     187          

the assets and liabilities of the board.  At the end of each       188          

fiscal year the clerk shall submit to the board, to the state      189          

library board and, if requested, to any granting authority, a      190          

complete financial statement showing the receipts and              191          

expenditures in detail for the entire fiscal year.  Such           192          

financial records shall be open to public inspection at all        193          

reasonable times.                                                  194          

      At the expiration of the term of the clerk or before the     196          

board of trustees approves the surety of any clerk, the board      197          

shall require the clerk to produce all moneys, bonds, or other     198          

securities in his THE CLERK'S hands, which shall then be counted   199          

by the board or a committee of the board, or by a representative   201          

of the auditor of state.  A certificate setting forth the exact    202          

amount of such money, bonds, or other securities and signed by     203          

the persons making such count shall be entered upon the records    204          

of the board and shall be prima-facie evidence that the amount     205          

stated in such certificate is actually in the treasury at that     206          

date.                                                              207          

      Sec. 3375.93.  If the need for a metropolitan REGIONAL       216          

library system ceases to exist, the board of trustees may, by a    218          

two-thirds vote of its members, declare its intention to dissolve  219          

the organization and file with the state library board a plan for  220          

effecting such dissolution.                                                     

      The plan shall state the means by which the participating    222          

libraries may record their approval or disapproval of such         223          

intended dissolution, and shall include a plan for the             224          

distribution of the assets of the metropolitan REGIONAL library    225          

system.  If the metropolitan REGIONAL library system received      226          

more than fifty per cent of its total budget for the previous      228          

three years from grant funds provided by the state library board,  229          

                                                          6      

                                                                 
the state library board shall make final determination of the      230          

distribution of the assets.                                                     

      A participating library may withdraw from a metropolitan     232          

REGIONAL library system on the first day of July in any year,      234          

providing that notice of the withdrawal intention has been given   235          

at least eighteen months prior to the date of withdrawal.          236          

Whenever a withdrawal occurs or another library joins a                         

metropolitan REGIONAL library system, an amended plan shall be     237          

submitted to the state library board for approval.                 239          

      Section 2.  That existing sections 3375.90, 3375.91,         241          

3375.92, and 3375.93 and sections 3375.70, 3375.71, 3375.72, and   242          

3375.73 of the Revised Code are hereby repealed.                   243