As Reported by the House Local Government and Townships Committee  1            

122nd General Assembly                                             4            

   Regular Session                              H. B. No. 674      5            

      1997-1998                                                    6            


            REPRESENTATIVES CAREY-GARCIA-TERWILLEGER               8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 3375.90 to 3375.93 and to repeal    12           

                sections 3375.70, 3375.71, 3375.72, and 3375.73    13           

                of the Revised Code to  authorize certain          14           

                libraries to form regional library systems.        15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 3375.90, 3375.91, 3375.92, and     18           

3375.93 of the Revised Code be amended to read as follows:         19           

      Sec. 3375.90.  Any PUBLIC LIBRARIES IN TWO OR MORE           28           

COUNTIES, OR four or more libraries, INCLUDING TWO OR MORE TYPES,  29           

within a metropolitan area, as defined by the state library        31           

board, with a population of two hundred fifty thousand or more     32           

may form a metropolitan REGIONAL library system by agreement in    33           

the manner set forth in this section.                              34           

      (A)  The libraries forming the AUTHORIZED TO FORM A          36           

REGIONAL LIBRARY system shall MAY include two or more ANY of the   38           

following types of libraries:  academic, public, special, and      39           

school, including cooperative ventures established by two or more  40           

school districts.  For the purposes of this section, such          41           

libraries may be serving the general public, public or private     42           

schools, colleges or universities, or a profession, occupation,    43           

or business.                                                                    

      An agreement for the formation of a metropolitan REGIONAL    45           

library system shall first be approved by the governing bodies of  47           

the participating libraries.  For the purposes of this section,    48           

the governing body of a library means the board of trustees of a   49           

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

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school system if the library is a public school library, or        50           

otherwise the board of trustees or directors or other recognized   51           

governing board or committee of any private school, college,       52           

university, association or union, public or private, which         53           

provides, controls, or maintains a library which is intended to    54           

be a participating library.                                                     

      (B)  The EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF     56           

THIS SECTION, THE agreement and an application for the formation   57           

of the metropolitan REGIONAL library system shall be submitted to  59           

the state library board in the form and in accordance with rules   60           

prescribed by the state library board, with a plan of service      61           

describing the specific purposes for which the system is formed                 

and the means by which such purposes are to be accomplished.       62           

      (C)  Upon approval of the application by the state library   64           

board and the making by that board or some other authority or      65           

authorities of a grant or grants for the system, the metropolitan  66           

REGIONAL library system shall become operable.  THE STATE LIBRARY  67           

BOARD SHALL APPROVE NO MORE THAN ELEVEN REGIONAL LIBRARY SYSTEMS.  68           

      A metropolitan REGIONAL library system shall be governed by  70           

a board of trustees consisting of at least seven and no more than  72           

fifteen persons, to be selected from among the representatives of  73           

the participating libraries, duly appointed as such                74           

representatives by the governing bodies of the participating                    

libraries.                                                         75           

      The number of trustees, the manner of selection, the terms   77           

of office and the provisions for filling vacancies shall be        78           

determined by the agreement between the governing bodies of the    79           

participating libraries, and shall be set forth in the             80           

application submitted to the state library board.  Nothing                      

pertaining to the organization and operation of a metropolitan     81           

REGIONAL library system shall be construed to infringe upon the    83           

autonomy of any participating library or of the governing body of  84           

any library.                                                                    

      (D)  NO AREA LIBRARY SERVICE ORGANIZATION OR METROPOLITAN    86           

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LIBRARY SYSTEM IN EXISTENCE ON THE EFFECTIVE DATE OF THIS          87           

AMENDMENT SHALL BE REQUIRED TO SUBMIT A NEW AGREEMENT AND          88           

APPLICATION TO THE STATE LIBRARY BOARD IN ORDER TO CONTINUE        89           

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

ANY AGREEMENT THAT APPLIED UNDER THIS SECTION IMMEDIATELY PRIOR    90           

TO THE EFFECTIVE DATE OF THIS AMENDMENT TO AN AREA LIBRARY         91           

SERVICE ORGANIZATION OR METROPOLITAN LIBRARY SYSTEM THAT           92           

CONTINUES OPERATION AS A REGIONAL LIBRARY SYSTEM UNDER THIS        93           

DIVISION SHALL CONTINUE TO GOVERN THE APPLICABLE REGIONAL LIBRARY  94           

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    103          

REGIONAL library system may:                                       105          

      (A)  Develop plans of service and operation for the          107          

metropolitan REGIONAL library system and submit these to the       108          

state library board; and to each other granting authority if and   111          

when required by such authority;                                                

      (B)  Receive grants, payments, bequests, and gifts and have  113          

exclusive control of the expenditure of all moneys held in the     114          

name of the metropolitan REGIONAL library system;                  115          

      (C)  Expend for library purposes, and in the exercise of     117          

the powers enumerated in this section, all moneys whether          118          

received as grants, payments, gifts, bequests, or otherwise, and   119          

generally do all things it determines necessary for the            120          

establishment, maintenance, and improvement of the metropolitan    121          

REGIONAL library system under its jurisdiction;                    123          

      (D)  Make and publish such bylaws and rules as may be        125          

necessary for its operation and for the government of the          126          

metropolitan REGIONAL library system;                              127          

      (E)  Purchase or lease vehicles and other personal property  129          

for the operation of the metropolitan REGIONAL library system;     130          

      (F)  Purchase, erect, lease, or lease with an option to      132          

purchase, appropriate buildings or parts of buildings for use of   133          

the metropolitan REGIONAL library system;                          134          

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      (G)  Hold title to and have the custody of all property,     136          

both real and personal, of the metropolitan REGIONAL library       137          

system;                                                            138          

      (H)  Appoint and fix the compensation of a director and      140          

necessary assistants, who, subject to the approval of the state    141          

library board, shall have the same employment status as employees  142          

of public libraries;                                               143          

      (I)  Elect and fix compensation of a clerk and a deputy      145          

clerk who shall serve for a term of one year;                      146          

      (J)  Enter into contracts with the governing body of any     148          

participating library organized under sections 1713.28, 3375.06,   149          

3375.10, 3375.12, 3375.121, 3375.15, 3375.22, and 3375.30 of the   150          

Revised Code, the state library board, any granting authority,     151          

the board of county commissioners of any county, the board of      152          

education of any school district, the legislative authority of     153          

any municipal corporation, boards of township trustees, colleges,  154          

universities, or public or private agencies and corporations;      155          

      (K)  Accept an application from any other library desiring   157          

to become a participating library in accordance with the           158          

agreement for the formation of the system, either as originally    159          

submitted to and approved by the state library board, or as        160          

amended by and with the agreement of all the participating         161          

libraries and the approval of the state library board.             162          

      Sec. 3375.92.  The clerk of the board of trustees of the     171          

metropolitan REGIONAL library system is the treasurer of the       172          

organization's funds.  Before entering upon their duties, the      173          

clerk and the deputy clerk shall execute a bond in an amount and   174          

with surety to be approved by the board, and conditioned for the   175          

faithful performance of the official duties required of them.      176          

      All moneys received by the clerk shall be immediately        178          

placed by him THE CLERK in a depository designated by the board.   179          

The clerk shall keep an account of the funds credited to the       181          

board.                                                                          

      The clerk shall render a monthly statement to the board      183          

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showing the revenues and receipts from whatever sources derived,   184          

the disbursements and the purposes for such disbursements, and     185          

the assets and liabilities of the board.  At the end of each       186          

fiscal year the clerk shall submit to the board, to the state      187          

library board and, if requested, to any granting authority, a      188          

complete financial statement showing the receipts and              189          

expenditures in detail for the entire fiscal year.  Such           190          

financial records shall be open to public inspection at all        191          

reasonable times.                                                  192          

      At the expiration of the term of the clerk or before the     194          

board of trustees approves the surety of any clerk, the board      195          

shall require the clerk to produce all moneys, bonds, or other     196          

securities in his THE CLERK'S hands, which shall then be counted   197          

by the board or a committee of the board, or by a representative   199          

of the auditor of state.  A certificate setting forth the exact    200          

amount of such money, bonds, or other securities and signed by     201          

the persons making such count shall be entered upon the records    202          

of the board and shall be prima-facie evidence that the amount     203          

stated in such certificate is actually in the treasury at that     204          

date.                                                              205          

      Sec. 3375.93.  If the need for a metropolitan REGIONAL       214          

library system ceases to exist, the board of trustees may, by a    216          

two-thirds vote of its members, declare its intention to dissolve  217          

the organization and file with the state library board a plan for  218          

effecting such dissolution.                                                     

      The plan shall state the means by which the participating    220          

libraries may record their approval or disapproval of such         221          

intended dissolution, and shall include a plan for the             222          

distribution of the assets of the metropolitan REGIONAL library    223          

system.  If the metropolitan REGIONAL library system received      224          

more than fifty per cent of its total budget for the previous      226          

three years from grant funds provided by the state library board,  227          

the state library board shall make final determination of the      228          

distribution of the assets.                                                     

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      A participating library may withdraw from a metropolitan     230          

REGIONAL library system on the first day of July in any year,      232          

providing that notice of the withdrawal intention has been given   233          

at least eighteen months prior to the date of withdrawal.          234          

Whenever a withdrawal occurs or another library joins a                         

metropolitan REGIONAL library system, an amended plan shall be     235          

submitted to the state library board for approval.                 237          

      Section 2.  That existing sections 3375.90, 3375.91,         239          

3375.92, and 3375.93 and sections 3375.70, 3375.71, 3375.72, and   240          

3375.73 of the Revised Code are hereby repealed.                   241