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