As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. 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- SENATOR HOTTINGER 11
_________________________________________________________________ 13
A B I L L
To amend sections 135.21, 3375.81, 3375.82, and 15
3375.90 to 3375.93, to enact section 3375.391, 16
and to repeal sections 3375.70, 3375.71, 3375.72, 17
and 3375.73 of the Revised Code to authorize 18
certain libraries to form regional library 19
systems, and to authorize the board of trustees
of any public library district to credit earnings 20
on investments to funds other than the district's 21
general fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 135.21, 3375.81, 3375.82, 24
3375.90, 3375.91, 3375.92, and 3375.93 be amended and section 25
3375.391 of the Revised Code be enacted to read as follows: 26
Sec. 135.21. All investment earnings on money included 35
within a public deposit of a subdivision and belonging to 36
undivided tax funds shall, except as otherwise expressly provided 37
by law, be apportioned by the auditor pro rata among the separate 38
funds or taxing districts in the proportions in which they are 39
entitled to receive distribution of such undivided tax funds, due 40
allowance being made for sums transferred in advance of 41
settlements. All investment earnings from other moneys deposited 42
by a treasurer, which by reason of being custodial funds, or 43
funds belonging in the treasury of a taxing, assessment, or other 44
district of which he THE TREASURER is acting as ex officio 45
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treasurer, or for any other reason, do not belong in the treasury 47
of the state or subdivision shall, except as provided in section 48
135.351 of the Revised Code, be apportioned among and credited to 49
the funds to which the principal sums of such deposits or 50
investments belong. All other investment earnings, except as 51
provided in section 135.351 of the Revised Code and by resolution 52
adopted pursuant to section 3315.01 OR 3375.391 of the Revised 53
Code, shall be credited to the general fund of the county, 55
municipal corporation, township, taxing district, assessment 56
district, or other local authority to which the principal sum 57
thereof belongs.
All investment earnings on money included within the state 59
treasury shall be credited as provided in section 113.09 of the 60
Revised Code. 61
The director of budget and management shall inform the 63
treasurer of state in writing of the amount apportioned by the 64
director to each fund or account in the state treasury. The 65
auditor of a subdivision shall inform the treasurer of the 66
subdivision in writing of the amount apportioned by him THE 67
AUDITOR to each fund, district, or account. 69
Sec. 3375.391. THE BOARD OF LIBRARY TRUSTEES OF ANY FREE 71
PUBLIC LIBRARY DISTRICT MAY ADOPT A RESOLUTION REQUIRING THE 72
TREASURER OF THE DISTRICT TO CREDIT THE EARNINGS MADE ON THE 73
INVESTMENT OF THE PRINCIPAL OF THE MONEYS SPECIFIED IN THE 74
RESOLUTION TO THE FUND FROM WHICH THE EARNINGS AROSE OR ANY OTHER 76
FUND OF THE DISTRICT AS THE BOARD SPECIFIES IN ITS RESOLUTION. 77
THIS SECTION DOES NOT APPLY TO THE EARNINGS MADE ON THE 79
INVESTMENT OF ANY BOND RETIREMENT FUND OR ANY SINKING FUND. 81
Sec. 3375.81. A program of grants, to be known as the 90
essential library services support program, is hereby established 91
within the limitation of funds appropriated by the general 92
assembly together with other funds made available by the federal 93
government or other sources for this purpose. They shall 94
include: 95
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(A) Planning grants, to be paid to a public library or 97
area REGIONAL library service organization SYSTEM; 98
(B) Establishment grants, to be paid to an area A REGIONAL 100
library service organization SYSTEM; 101
(C) Essential services operations grants, to be paid to an 103
area A REGIONAL library service organization SYSTEM; 104
(D) Reference services and interlibrary loan grants to be 106
paid to a public library, university library, or other library 107
participating in a reference and information network or similar 108
program of interlibrary cooperation; 109
(E) Special program grants, to be paid to a public 112
library, OR a metropolitan REGIONAL library system organized 113
under standards adopted under section 3375.82 of the Revised 114
Code, or to an area library service organization. 115
Sec. 3375.82. The state library board shall administer all 124
grants and shall provide for the expenditure of all funds 125
appropriated for the essential library services support program. 126
All grants shall be made under rules adopted by the state library 127
board and under the terms of written agreements between the state 128
library board and the recipient. Such rules shall be designed 129
to: 130
(A) Ensure every resident of Ohio access to essential 132
public library services; 133
(B) Provide adequate library materials to satisfy the 135
reference and research needs of the people of this state; 136
(C) Assure and encourage local initiative and 138
responsibility and support for library services; 139
(D) Encourage the formation of viable area REGIONAL 141
library service organizations SYSTEMS and library systems 142
providing a full range of library services; 144
(E) Develop adequate standards for services, resources, 146
and programs that will serve as a source of information and 147
inspiration to persons of all ages, handicapped persons, AND 148
disadvantaged persons, and will encourage continuing education 149
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beyond the years of formal education; 150
(F) Encourage adequate financing of public libraries from 152
local, state, and other library financial resources. 153
Sec. 3375.90. Any PUBLIC LIBRARIES IN TWO OR MORE 162
COUNTIES, OR four or more libraries, INCLUDING TWO OR MORE TYPES, 163
within a metropolitan area, as defined by the state library 165
board, with a population of two hundred fifty thousand or more 166
may form a metropolitan REGIONAL library system by agreement in 167
the manner set forth in this section. 168
(A) The libraries forming the AUTHORIZED TO FORM A 170
REGIONAL LIBRARY system shall MAY include two or more ANY of the 172
following types of libraries: academic, public, special, and 173
school, including cooperative ventures established by two or more 174
school districts. For the purposes of this section, such 175
libraries may be serving the general public, public or private 176
schools, colleges or universities, or a profession, occupation, 177
or business.
An agreement for the formation of a metropolitan REGIONAL 179
library system shall first be approved by the governing bodies of 181
the participating libraries. For the purposes of this section, 182
the governing body of a library means the board of trustees of a 183
public library, or the board of education of a public school or
school system if the library is a public school library, or 184
otherwise the board of trustees or directors or other recognized 185
governing board or committee of any private school, college, 186
university, association or union, public or private, which 187
provides, controls, or maintains a library which is intended to 188
be a participating library.
(B) The EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF 190
THIS SECTION, THE agreement and an application for the formation 191
of the metropolitan REGIONAL library system shall be submitted to 193
the state library board in the form and in accordance with rules 194
prescribed by the state library board, with a plan of service 195
describing the specific purposes for which the system is formed
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and the means by which such purposes are to be accomplished. 196
(C) Upon approval of the application by the state library 198
board and the making by that board or some other authority or 199
authorities of a grant or grants for the system, the metropolitan 200
REGIONAL library system shall become operable. THE STATE LIBRARY 201
BOARD SHALL APPROVE NO MORE THAN ELEVEN REGIONAL LIBRARY SYSTEMS. 202
A metropolitan REGIONAL library system shall be governed by 204
a board of trustees consisting of at least seven and no more than 206
fifteen persons, to be selected from among the representatives of 207
the participating libraries, duly appointed as such 208
representatives by the governing bodies of the participating
libraries. 209
The number of trustees, the manner of selection, the terms 211
of office and the provisions for filling vacancies shall be 212
determined by the agreement between the governing bodies of the 213
participating libraries, and shall be set forth in the 214
application submitted to the state library board. Nothing
pertaining to the organization and operation of a metropolitan 215
REGIONAL library system shall be construed to infringe upon the 217
autonomy of any participating library or of the governing body of 218
any library.
(D) NO AREA LIBRARY SERVICE ORGANIZATION OR METROPOLITAN 220
LIBRARY SYSTEM IN EXISTENCE ON THE EFFECTIVE DATE OF THIS 221
AMENDMENT SHALL BE REQUIRED TO SUBMIT A NEW AGREEMENT AND 222
APPLICATION TO THE STATE LIBRARY BOARD IN ORDER TO CONTINUE 223
OPERATION AS A REGIONAL LIBRARY SYSTEM ON AND AFTER THAT DATE.
ANY AGREEMENT THAT APPLIED UNDER THIS SECTION IMMEDIATELY PRIOR 224
TO THE EFFECTIVE DATE OF THIS AMENDMENT TO AN AREA LIBRARY 225
SERVICE ORGANIZATION OR METROPOLITAN LIBRARY SYSTEM THAT 226
CONTINUES OPERATION AS A REGIONAL LIBRARY SYSTEM UNDER THIS 227
DIVISION SHALL CONTINUE TO GOVERN THE APPLICABLE REGIONAL LIBRARY 228
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 237
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REGIONAL library system may: 239
(A) Develop plans of service and operation for the 241
metropolitan REGIONAL library system and submit these to the 242
state library board;, and to each other granting authority if and 245
when required by such authority;
(B) Receive grants, payments, bequests, and gifts and have 247
exclusive control of the expenditure of all moneys held in the 248
name of the metropolitan REGIONAL library system; 249
(C) Expend for library purposes, and in the exercise of 251
the powers enumerated in this section, all moneys whether 252
received as grants, payments, gifts, bequests, or otherwise, and 253
generally do all things it determines necessary for the 254
establishment, maintenance, and improvement of the metropolitan 255
REGIONAL library system under its jurisdiction; 257
(D) Make and publish such bylaws and rules as may be 259
necessary for its operation and for the government of the 260
metropolitan REGIONAL library system; 261
(E) Purchase or lease vehicles and other personal property 263
for the operation of the metropolitan REGIONAL library system; 264
(F) Purchase, erect, lease, or lease with an option to 266
purchase, appropriate buildings or parts of buildings for use of 267
the metropolitan REGIONAL library system; 268
(G) Hold title to and have the custody of all property, 270
both real and personal, of the metropolitan REGIONAL library 271
system; 272
(H) Appoint and fix the compensation of a director and 274
necessary assistants, who, subject to the approval of the state 275
library board, shall have the same employment status as employees 276
of public libraries; 277
(I) Elect and fix compensation of a clerk and a deputy 279
clerk who shall serve for a term of one year; 280
(J) Enter into contracts with the governing body of any 282
participating library organized under sections 1713.28, 3375.06, 283
3375.10, 3375.12, 3375.121, 3375.15, 3375.22, and 3375.30 of the 284
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Revised Code, the state library board, any granting authority, 285
the board of county commissioners of any county, the board of 286
education of any school district, the legislative authority of 287
any municipal corporation, boards of township trustees, colleges, 288
universities, or public or private agencies and corporations; 289
(K) Accept an application from any other library desiring 291
to become a participating library in accordance with the 292
agreement for the formation of the system, either as originally 293
submitted to and approved by the state library board, or as 294
amended by and with the agreement of all the participating 295
libraries and the approval of the state library board. 296
Sec. 3375.92. The clerk of the board of trustees of the 305
metropolitan REGIONAL library system is the treasurer of the 306
organization's funds. Before entering upon their duties, the 307
clerk and the deputy clerk shall execute a bond in an amount and 308
with surety to be approved by the board, and conditioned for the 309
faithful performance of the official duties required of them. 310
All moneys received by the clerk shall be immediately 312
placed by him THE CLERK in a depository designated by the board. 313
The clerk shall keep an account of the funds credited to the 315
board.
The clerk shall render a monthly statement to the board 317
showing the revenues and receipts from whatever sources derived, 318
the disbursements and the purposes for such disbursements, and 319
the assets and liabilities of the board. At the end of each 320
fiscal year the clerk shall submit to the board, to the state 321
library board and, if requested, to any granting authority, a 322
complete financial statement showing the receipts and 323
expenditures in detail for the entire fiscal year. Such 324
financial records shall be open to public inspection at all 325
reasonable times. 326
At the expiration of the term of the clerk or before the 328
board of trustees approves the surety of any clerk, the board 329
shall require the clerk to produce all moneys, bonds, or other 330
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securities in his THE CLERK'S hands, which shall then be counted 331
by the board or a committee of the board, or by a representative 333
of the auditor of state. A certificate setting forth the exact 334
amount of such money, bonds, or other securities and signed by 335
the persons making such count shall be entered upon the records 336
of the board and shall be prima-facie evidence that the amount 337
stated in such certificate is actually in the treasury at that 338
date. 339
Sec. 3375.93. If the need for a metropolitan REGIONAL 348
library system ceases to exist, the board of trustees may, by a 350
two-thirds vote of its members, declare its intention to dissolve 351
the organization and file with the state library board a plan for 352
effecting such dissolution.
The plan shall state the means by which the participating 354
libraries may record their approval or disapproval of such 355
intended dissolution, and shall include a plan for the 356
distribution of the assets of the metropolitan REGIONAL library 357
system. If the metropolitan REGIONAL library system received 358
more than fifty per cent of its total budget for the previous 360
three years from grant funds provided by the state library board, 361
the state library board shall make final determination of the 362
distribution of the assets.
A participating library may withdraw from a metropolitan 364
REGIONAL library system on the first day of July in any year, 366
providing that notice of the withdrawal intention has been given 367
at least eighteen months prior to the date of withdrawal. 368
Whenever a withdrawal occurs or another library joins a
metropolitan REGIONAL library system, an amended plan shall be 369
submitted to the state library board for approval. 371
Section 2. That existing sections 135.21, 3375.81, 373
3375.82, 3375.90, 3375.91, 3375.92, and 3375.93 and sections 375
3375.70, 3375.71, 3375.72, and 3375.73 of the Revised Code are
hereby repealed. 376