Session of 2023
HOUSE BILL No. 2176
By Representatives Rhiley and Roth
1-25
AN ACT creating the Arkansas city area public library district act;
requiring an election to create such district; authorizing a tax levy
therefor; amending K.S.A. 75-2554 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. When used in this act and unless otherwise
specifically provided therein:
(a) "Board of education" means the board of education of unified
school district No. 470;
(b) "city" means the city of Arkansas city, Kansas;
(c) "county" means Cowley county;
(d) "library" means a library that serves the general public and is
supported in whole or in part with tax moneys and shall be called the
Arkansas city area library district;
(e) "library district" means all territory located within the boundaries
of unified school district No. 470; and
(f) "library district board" means the library district board of trustees
appointed pursuant to the provisions of this act.
New Sec. 2. (a) The board of trustees of the Arkansas city public
library may adopt a resolution proposing to create a library district and
stating the proposed tax levy amount for the library district. Copies of the
resolutions shall be filed with the county election officer, who shall call
and hold an election thereon in the manner provided by the general bond
law.
(b) If a majority of the qualified electors of the proposed library
district vote in favor of the proposition:
(1) A library district shall be established and maintained, and a
library district board shall be appointed as provided in this act;
(2) all contracts entered into by the Arkansas city public library shall
be binding on the library district board appointed pursuant to section 3,
and amendments thereto; and
(3) all outstanding bonds, debts and other obligations of the Arkansas
city public library shall become an obligation of the Arkansas city area
library district, except that all bonds and debts relating to the ownership or
improvement of the real property on which the Arkansas city public library
operates shall remain an obligation of the city of Arkansas city, Kansas.
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New Sec. 3. (a) Any library district created pursuant to the provisions
of this act shall be governed by a board of trustees. The board shall consist
of seven members. Four members shall be appointed by the governing
body of the city of Arkansas city with one such member residing outside
the city. Three members shall be appointed by the board of education and
shall reside outside the city of Arkansas city.
(b) Members of the board of directors of the Arkansas city public
library serving prior to the election creating the library district shall remain
on the board until the expiration of the term for which the member was
originally appointed. Such members shall be eligible for reappointment.
(c) Members of the library district board shall be appointed for a term
of four years and until their successors are appointed and qualified. No
person who has been appointed for two consecutive four-year terms to the
library board shall be eligible for further appointment to the library board
until one year after the expiration of the second term. Vacancies on the
library district board shall be filled by appointment for the unexpired term.
(d) Members of the library district board shall receive no
compensation but shall be paid their actual and necessary expenses in
attending meetings and in carrying out their duties as members of the
board.
New Sec. 4. (a) Each year, the members of the library district board
shall meet and organize by the election of a chairperson, a secretary, a
treasurer and such other officers as they may deem necessary. The board
shall fix the date and place of its regular meetings, and special meetings
may be called by the chairperson or upon written request of a majority of
the members. Written notice, stating the time and place of any special
meeting and the purpose for which called, unless waived, shall be given to
each member of the board at least two days in advance of such meeting,
and no business other than business stated in the notice shall be transacted
at such meeting.
(b) The treasurer of the library district board shall give bond in an
amount fixed by the library district board and approved by the board of
education. The bond shall be filed with the county clerk.
(c) The county treasurer shall pay over to the treasurer of the library
district board all funds collected for the maintenance and support of the
library district, and the treasurer of the library district board shall pay out
the funds on orders of the board signed by the secretary and chairperson.
Such treasurer shall keep an accurate record of all moneys received and
disbursed and make a report to the library board monthly, or as often as the
board requires.
New Sec. 5. The library shall be free for the use of the residents of
the library district, subject to reasonable rules and regulations as the
library district board may adopt. The library district board may exclude
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from the use of the library any person who shall willfully violate such
rules. The library district board may extend the use and privilege of such
library to nonresidents of the district, charge nonresidents a reasonable fee
and make exchanges of books with any other library upon such terms and
conditions as the library district board may prescribe.
New Sec. 6. The library district board shall constitute a body
corporate and politic, possessing the usual powers of a corporation for
public purposes and may contract, sue and be sued and acquire, hold and
convey real and personal property in accordance with law. Further, the
board shall have the power to:
(a) Make and adopt rules and regulations for the administration of the
library;
(b) purchase or lease a site or sites and to lease or to erect a building
or buildings for the use of the library;
(c) acquire by purchase, gift or exchange any books, magazines,
papers, printed materials, slides, pictures, films, projection equipment,
phonograph records and other materials and equipment deemed necessary
by the board for the maintenance and extension of modern library services;
(d) employ a librarian and such other employees as the board deems
necessary, to remove such employees and to fix their compensation;
(e) establish and maintain a library or libraries and traveling library
services within the district or within any other municipality with which
service contract arrangements have been made;
(f) contract with other libraries or with the governing body of a
municipality for the furnishing of library services to the inhabitants of such
municipality to the extent and upon such terms as may be agreed upon and
to contract with any school board to furnish library services to any school
library or to use the library facilities of the public school to supplement the
facilities of the public library;
(g) receive, accept and administer any moneys appropriated or
granted to it by the state or the federal government or any agency or
subdivision thereof for the purpose of aiding or providing library services;
(h) receive and accept any gift or donation to the library and
administer the same in accordance with any provisions thereof. If no
provisions are specified, the board shall have the power to hold, invest or
reinvest the gift and any dividends, interest, rent or income derived from
the gift in the manner the board deems will best serve the interests of the
library;
(i) receive and accept any grant, gift, donation or appropriated or
other funds from the United States government, or its agencies, or any
other source whatsoever for the purposes of the library district established
under this act;
(j) make annual reports to the state librarian and the governing body
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of the board of education each year for the preceding calendar year
showing receipts and disbursements from all funds under its control and
showing such statistical information relating to library materials acquired
and on hand, number of library users, library services available and other
information of general interest as the governing body requires; and
(k) place moneys received from sources other than a tax levy for
library purposes in a separate fund or funds or in the fund to which the tax
levy moneys are credited, unless the grantor or donor directs how and for
what purpose the money shall be spent.
New Sec. 7. (a) The library district board shall prepare an annual
budget for the maintenance, support and operation of the library. Prior to
the certification of its budget to the board of education, the library district
board shall meet for the purpose of answering and hearing objections of
taxpayers relating to the proposed budget and for the purpose of
considering amendments to such proposed budget. The library district
board shall give at least 10 days' notice of the time and place of the
meeting by publication in a weekly or daily newspaper having general
circulation in the taxing district. Such notice shall include the proposed
budget and shall set out all essential items in the budget. The public
hearing required to be held shall be held not less than 10 days prior to the
date on which the library board is required to certify its budget to the
board of education. After such hearing, the budget shall be adopted or
amended and adopted by the library district board by passage of a
resolution. A copy of the budget shall be filed with the clerk of the board
of education and the Cowley county clerk.
(b) Any resolution adopted under subsection (a) shall state the total
amount of the tax to be levied for the library district by the board of
education. The resolution shall be published once each week for two
consecutive weeks in the official newspaper of the taxing district. Such tax
levy shall be levied on behalf of the library district by the board of
education.
(c) Such tax levy amount may be levied in each successive budget
year unless a petition requesting an election upon the proposition to
increase the tax levy in excess of the current tax levy, signed by at least 5%
of the qualified voters of the taxing district, is filed with the county
election officer within 30 days following the date of the last publication of
the resolution. In the event a valid petition is filed, no such increased levy
shall be made without such proposition having been submitted to and
approved by a majority of the voters of the taxing district voting at an
election.
(d) Any such election shall be called and held in the manner provided
by the general bond law, and the cost of the election shall be paid by the
library district board. Such taxes shall be levied and collected in like
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manner as other taxes, and the board of education shall certify such levy
to the county clerk, who is hereby authorized to levy tax on behalf of the
library district.
(e) The tax levy provided in this section shall not be considered to be
a tax levy of the board of education.
(f) All financial records of the library board shall be audited as
provided in K.S.A. 75- 1122, and amendments thereto, and a copy of
such annual audit report shall be filed with the board of education and
with the Cowley county clerk. The cost of each audit shall be paid by the
library district board.
(g) Notwithstanding any other provision of law, upon the date the tax
levy provided for in this act takes effect, no tax levy on land within the
library district created by this act shall be imposed, required or collected to
support a regional system of cooperating libraries.
New Sec. 8. Sections 1 through 8, and amendments thereto, shall be
known and may be cited as the Arkansas city area public library district
act.
Sec. 9. K.S.A. 75-2554 is hereby amended to read as follows: 75-
2554. As used in this act, unless the context clearly indicates a different
meaning:
(a) "Local public libraries" mean:
(1) Kansas libraries operating under the provisions of K.S.A. 12-1215
to through 12-1248, inclusive, and amendments thereto;
(2) libraries operating under the provisions of K.S.A. 1997 Supp. 12-
1260 to through 12-1270, inclusive, and amendments thereto;
(3) libraries operating under the provisions of sections 1 through 8,
and amendments thereto;
(4) libraries operating under the provisions of K.S.A. 1997 Supp. 12-
1276, and amendments thereto;
(4) (5) libraries operating under the provisions of K.S.A. 72-1623,
and amendments thereto; or
(5) (6) municipalities contracting with any library for the furnishing
of library services to such municipality pursuant to K.S.A. 12-1230 or 12-
1269, and amendments thereto;
(b) "regional libraries" mean the regional systems of libraries
heretofore organized and operating under authority of K.S.A. 75-2547 to
through 75-2552, inclusive, and amendments thereto;
(c) "state library" means the Kansas state library created and
operating under authority of K.S.A. 75-2534, and amendments thereto; and
(d) "state librarian" means the state librarian appointed pursuant to
K.S.A. 75-2535, and amendments thereto.
Sec. 10. K.S.A. 75-2554 is hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
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publication in the statute book.1