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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 674 |
REPRESENTATIVES CAREY-GARCIA-TERWILLEGER-GRENDELL-EVANS-
HOUSEHOLDER-TIBERI-CORBIN-SULZER-YOUNG-OGG-ALLEN-LOGAN-
MEAD-REID-OPFER-MOTTLEY-JOLIVETTE-SALERNO
A BILL
To amend sections 3375.90 to 3375.93 and to repeal sections 3375.70, 3375.71,
3375.72, and 3375.73 of the Revised Code to
authorize certain libraries to
form regional library systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3375.90, 3375.91, 3375.92, and 3375.93 of the Revised
Code be amended to read as follows:
Sec. 3375.90. Any PUBLIC LIBRARIES IN TWO OR MORE COUNTIES, OR
four or more libraries, INCLUDING TWO OR MORE TYPES,
within a metropolitan area, as
defined by the state library board, with a population of two hundred fifty
thousand or more may form a metropolitan REGIONAL library
system by agreement in the
manner set forth in this section.
(A) The libraries forming the AUTHORIZED TO FORM A REGIONAL
LIBRARY system shall MAY include two or more
ANY of the
following types of libraries: academic, public, special, and school,
including cooperative ventures established by two or more school districts.
For the purposes of this section, such libraries may be serving the general
public, public or private schools, colleges or universities, or a profession,
occupation, or business.
An agreement for the formation of a metropolitan REGIONAL
library system shall first be
approved by the governing bodies of the participating libraries. For the
purposes of this section, the governing body of a library means the board of
trustees of a public library, or the board of education of a public school or
school system if the library is a public school library, or otherwise the
board of trustees or directors or other recognized governing board or
committee of any private school, college, university, association or union,
public or private, which provides, controls, or maintains a library which is
intended to be a participating library.
(B) The EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF
THIS SECTION, THE agreement and an application for the formation of the
metropolitan REGIONAL
library system shall be submitted to the state library board in the form and
in accordance with rules prescribed by the state library board, with a plan of
service describing the specific purposes for which the system is formed and
the means by which such purposes are to be accomplished.
(C) Upon approval of the application by the state library board and the
making by that board or some other authority or authorities of a grant or
grants for the system, the metropolitan REGIONAL library system
shall become operable. THE STATE LIBRARY BOARD SHALL APPROVE NO MORE THAN
ELEVEN REGIONAL LIBRARY SYSTEMS.
A metropolitan REGIONAL library system shall be governed by a
board of trustees
consisting of at least seven and no more than fifteen persons, to be selected
from among the representatives of the participating libraries, duly appointed
as such representatives by the governing bodies of the participating
libraries.
The number of trustees, the manner of selection, the terms of office and the
provisions for filling vacancies shall be determined by the agreement between
the governing bodies of the participating libraries, and shall be set forth in
the application submitted to the state library board. Nothing pertaining to
the organization and operation of a metropolitan REGIONAL
library system shall be
construed to infringe upon the autonomy of any participating library or of the
governing body of any library.
(D) NO AREA LIBRARY SERVICE ORGANIZATION OR METROPOLITAN LIBRARY
SYSTEM IN EXISTENCE ON THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE REQUIRED
TO SUBMIT A NEW AGREEMENT AND APPLICATION TO THE STATE LIBRARY BOARD IN ORDER
TO CONTINUE OPERATION AS A REGIONAL LIBRARY SYSTEM ON AND AFTER THAT DATE.
ANY AGREEMENT THAT APPLIED UNDER THIS SECTION IMMEDIATELY PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDMENT TO AN AREA LIBRARY SERVICE ORGANIZATION OR
METROPOLITAN LIBRARY SYSTEM THAT CONTINUES OPERATION AS A REGIONAL LIBRARY
SYSTEM UNDER THIS DIVISION SHALL CONTINUE TO GOVERN THE APPLICABLE REGIONAL
LIBRARY 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
REGIONAL
library system may:
(A) Develop plans of service and operation for the
metropolitan REGIONAL library system and submit these to the
state
library board; and to each other granting authority
if and when required by such authority;
(B) Receive grants, payments, bequests, and gifts and have
exclusive control of the expenditure of all moneys held in the
name of the metropolitan REGIONAL library system;
(C) Expend for library purposes, and in the exercise of
the powers enumerated in this section, all moneys whether
received as grants, payments, gifts, bequests, or otherwise, and
generally do all things it determines necessary for the
establishment, maintenance, and improvement of the metropolitan
REGIONAL
library system under its jurisdiction;
(D) Make and publish such bylaws and rules as may be
necessary for its operation and for the government of the
metropolitan REGIONAL library system;
(E) Purchase or lease vehicles and other personal property
for the operation of the metropolitan REGIONAL library system;
(F) Purchase, erect, lease, or lease with an option to
purchase, appropriate buildings or parts of buildings for use of
the metropolitan REGIONAL library system;
(G) Hold title to and have the custody of all property,
both real and personal, of the metropolitan REGIONAL library
system;
(H) Appoint and fix the compensation of a director and
necessary assistants, who, subject to the approval of the state
library board, shall have the same employment status as employees
of public libraries;
(I) Elect and fix compensation of a clerk and a deputy
clerk who shall serve for a term of one year;
(J) Enter into contracts with the governing body of any
participating library organized under sections 1713.28, 3375.06,
3375.10, 3375.12, 3375.121, 3375.15, 3375.22, and 3375.30 of the
Revised Code, the state library board, any granting authority,
the board of county commissioners of any county, the board of
education of any school district, the legislative authority of
any municipal corporation, boards of township trustees, colleges,
universities, or public or private agencies and corporations;
(K) Accept an application from any other library desiring
to become a participating library in accordance with the
agreement for the formation of the system, either as originally
submitted to and approved by the state library board, or as
amended by and with the agreement of all the participating
libraries and the approval of the state library board.
Sec. 3375.92. The clerk of the board of trustees of the
metropolitan REGIONAL library system is the treasurer of the
organization's funds. Before entering upon their duties, the
clerk and the deputy clerk shall execute a bond in an amount and
with surety to be approved by the board, and conditioned for the
faithful performance of the official duties required of them.
All moneys received by the clerk shall be immediately
placed by him THE CLERK in a depository designated by the board.
The clerk
shall keep an account of the funds credited to the board.
The clerk shall render a monthly statement to the board
showing the revenues and receipts from whatever sources derived,
the disbursements and the purposes for such disbursements, and
the assets and liabilities of the board. At the end of each
fiscal year the clerk shall submit to the board, to the state
library board and, if requested, to any granting authority, a
complete financial statement showing the receipts and
expenditures in detail for the entire fiscal year. Such
financial records shall be open to public inspection at all
reasonable times.
At the expiration of the term of the clerk or before the
board of trustees approves the surety of any clerk, the board
shall require the clerk to produce all moneys, bonds, or other
securities in his THE CLERK'S hands, which shall then be counted
by the board
or a committee of the board, or by a representative of the
auditor of state. A certificate setting forth the exact amount
of such money, bonds, or other securities and signed by the
persons making such count shall be entered upon the records of
the board and shall be prima-facie evidence that the amount
stated in such certificate is actually in the treasury at that
date.
Sec. 3375.93. If the need for a metropolitan REGIONAL library
system ceases to exist,
the board of trustees may, by a two-thirds vote of its members, declare its
intention to dissolve the organization and file with the state library board a
plan for effecting such dissolution.
The plan shall state the means by which the participating libraries may record
their approval or disapproval of such intended dissolution, and shall include
a plan for the distribution of the assets of the metropolitan
REGIONAL library system.
If the metropolitan REGIONAL library system received more than
fifty per cent of its
total budget for the previous three years from grant funds provided by the
state library board, the state library board shall make final determination of
the distribution of the assets.
A participating library may withdraw from a metropolitan
REGIONAL library system on the
first day of July in any year, providing that notice of the withdrawal
intention has been given at least eighteen months prior to the date of
withdrawal. Whenever a withdrawal occurs or another library joins a
metropolitan REGIONAL library system, an amended plan shall be
submitted to the state
library board for approval.
Section 2. That existing sections 3375.90, 3375.91, 3375.92, and 3375.93 and
sections 3375.70, 3375.71, 3375.72, and 3375.73 of the Revised Code are hereby
repealed.
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