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
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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
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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
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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
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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
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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
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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