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AN ACT relating to library district boards. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 173.450 TO 173.650 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) Notwithstanding any other statute to the contrary, the terms of the members of a 5
library board who were appointed under Sections 2 and 3 of this Act prior to 6
January 1, 2023, and serving on the board as of December 31, 2022, shall be 7
expired. Beginning on January 1, 2023, new persons shall be appointed as 8
members to the library boards under KRS 173.450 to 173.650. 9
(2) Persons appointed to a library board under Sections 2 and 3 of this Act on or 10
after January 1, 2023, shall, prior to appointment: 11
(a) Have a postsecondary credential that is at least the level of an associate 12
degree, certificate, or diploma; 13
(b) Have been a resident within the library district for at least five (5) years; 14
and 15
(c) Be at least twenty-four (24) years of age. 16
(3) In making recommendations and appointments under Sections 2 and 3 of this 17
Act, the Department for Libraries and Archives and the county judge/executive 18
shall attempt to ensure that the board includes: 19
(a) Members from different geographical areas, and from both cities and 20
unincorporated areas, of the county; 21
(b) When possible, at least one (1) member from each magisterial district or 22
commissioner district of the county; and 23
(c) No more than two (2) members from each magisterial district or 24
commissioner district of the county. 25
Section 2. KRS 173.480 is amended to read as follows: 26
(1) Upon the creation of a district, the fiscal court of each county in the district shall at 27 UNOFFICIAL COPY 22 RS BR 340
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once notify the Department for Libraries and Archives of the establishment of the 1
district and shall forward to the department a copy of the petition required pursuant 2
to KRS 173.470. The Department for Libraries and Archives shall then recommend 3
to the county judge/executive of each county in the district the names of suitable 4
persons from among the signers of the petition to be appointed to the board. The 5
Department for Libraries and Archives in recommending persons to the county 6
judge/executive for appointment to the board shall recommend twice as many 7
persons for each county as the county is entitled to have members appointed, and 8
the county judge/executive shall either: 9
(a) Immediately, with the approval of the fiscal court, make the selection from 10
those recommended; or 11
(b) Appoint, with the approval of the fiscal court, individuals of his or her 12
choosing, whether or not the individuals signed the petition, no later than 13
thirty (30) days after the day the county judge/executive received the 14
recommendations. The county judge/executive shall notify the Department 15
for Libraries and Archives of the name of any individual appointed in the 16
manner set out in this paragraph. 17
(2) Where the district consists of one (1) county, the county judge/executive shall 18
appoint five (5) persons from that county as members. 19
(3) Where the district consists of more than one (1) county, the Department for 20
Libraries and Archives shall prescribe by regulation the number of board members[ 21
when the district consists of more than one (1) county], provided that the board 22
shall consist of: 23
(a) Not less than one (1) nor more than four (4) members from each county, each 24
county having such number of members as the proportion of its population 25
bears to the total population in the district; 26
(b) Not more than two (2) members from the same magisterial district or 27 UNOFFICIAL COPY 22 RS BR 340
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commissioner district of each county;[,] and 1
(c) [that the total membership of the board consists of ]Not less than five (5) 2
members. 3
(4) Where a county joins an already established district: 4
(a) [, ]The Department for Libraries and Archives shall, from among the signers 5
of the petition, recommend to the county judge/executive of each county 6
included in the new district for the first time twice as many persons for 7
appointment to the board as the county is entitled to have appointed, and the 8
county judge/executive shall either: 9
1. Select the members for the county from this list; or 10
2. Appoint, with the approval of the fiscal court, individuals of his or her 11
choosing, whether or not the individuals signed the petition, no later 12
than thirty (30) days after the day the county judge/executive received 13
the recommendations. The county judge/executive shall notify the 14
Department for Libraries and Archives of the name of any individual 15
appointed in the manner set out in this paragraph; and[.] 16
(b) The terms of the members of the counties composing the previously existing 17
district shall expire immediately upon the organization of the new board and 18
such vacancies shall be filled as provided in KRS 173.490. 19
(5) In making recommendations and appointments under this section, the persons 20
selected for the board shall meet the requirements established under Section 1 of 21
this Act. 22
Section 3. KRS 173.490 is amended to read as follows: 23
(1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a 24
term of two (2) years, one-third (1/3) for a term of three (3) years and one-25
third (1/3) for a term of four (4) years. Where the board consists of a number 26
of members not divisible by three (3), one-third (1/3) of the next higher 27 UNOFFICIAL COPY 22 RS BR 340
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number divisible by three (3), shall serve for a term of two (2) years, one-third 1
(1/3) for a term of three (3) years and the remaining number shall serve for a 2
term of four (4) years. Thereafter, as their terms expire, the board shall make 3
recommendations on their successors, who shall be appointed as set out in 4
paragraph (b) of this subsection[ recommended by the board]. 5
(b) The board shall recommend two (2) persons committed to the provision of 6
library services to the Department for Libraries and Archives, for each 7
vacancy. The names shall be forwarded to the Department for Libraries and 8
Archives and the state librarian and commissioner shall recommend those 9
names to the county judge/executive. The county judge/executive shall either: 10
1. Immediately, with the approval of the fiscal court, make his selection 11
from those recommended; or 12
2. Appoint, with the approval of the fiscal court, any individual of his or 13
her choosing, who meets the requirements established in Section 1 of 14
this Act, no later than thirty (30) days after the day the county 15
judge/executive received the recommendations. The county 16
judge/executive shall notify the Department for Libraries and Archives 17
of the name of any individual appointed in the manner set out in this 18
subparagraph. 19
(c) Board members thus appointed shall serve a term of four (4) years each. 20
Trustees may serve for two (2) consecutive terms after which they shall not 21
succeed themselves. They may be reappointed no earlier than twelve (12) 22
months following the end of their last service. The members shall hold office 23
until their respective successors are appointed and qualified. After absence of 24
a trustee from four (4) regular monthly meetings of the board during any one 25
(1) year of the trustee's term, the trustee shall be considered to have 26
automatically resigned from the board. An advisory board may be appointed 27 UNOFFICIAL COPY 22 RS BR 340
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and serve as specified in the bylaws of the board of trustees. 1
(2) Any vacancy occurring in the terms of office of members shall be filled for the 2
unexpired term by the county judge/executive, with the approval of the fiscal court, 3
by appointment either: 4
(a) On recommendation of the state librarian and commissioner of two (2) names 5
of persons committed to the provision of library services and living in the 6
county in which the vacancy occurred; or 7
(b) At the discretion of the county judge/executive of a person not named by the 8
state librarian and commissioner. Any person appointed in accordance with 9
this paragraph shall be committed to the provision of library services and 10
living in the county in which the vacancy occurred. The county 11
judge/executive shall notify the Department for Libraries and Archives of 12
the name of any individual appointed in the manner set out in this 13
paragraph. 14
(3) A member of the board may be removed from office as provided by KRS 65.007. 15
(4) In making recommendations and appointments under this section, the persons 16
selected for the board shall meet the requirements established under Section 1 of 17
this Act. 18
Section 4. KRS 173.520 is amended to read as follows: 19
(1) The board shall establish, equip and maintain libraries or contract with existing 20
libraries for the furnishing of library service for the district and do all things 21
necessary to provide efficient library service. The board may also enter an 22
agreement pursuant to KRS 65.210 to 65.300 for the provision of additional library 23
service. No district shall establish a library unless the plans for the establishment, 24
equipment, and maintenance have been approved by the Department for Libraries 25
and Archives. No contract shall be made unless the libraries contracting to furnish 26
service are libraries approved by the Department for Libraries and Archives for this 27 UNOFFICIAL COPY 22 RS BR 340
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purpose. 1
(2) The district, as a body corporate, by and through the board may: 2
(a) Sue and be sued, complain and defend, purchase, or lease grounds, purchase, 3
lease, occupy or erect appropriate buildings for the use of the district libraries 4
and their branches, lease or build to lease appropriate buildings for use by 5
educational institutions, sell and convey real and personal property for and on 6
behalf of the district, receive gifts of real and personal property for the use and 7
benefit of the district, the same when accepted to be held and controlled by the 8
board according to the terms of the deed, gift, devise or bequest of such 9
property; 10
(b) Borrow money on the credit of the board in anticipation of the revenue to be 11
derived from taxes levied by the district for the fiscal year in which the money 12
is borrowed, and to pledge the taxes levied for the district for the payment of 13
the principal and interest of the loan. The principal shall not exceed fifty 14
percent (50%) of the anticipated revenue for the fiscal year in which the 15
money is borrowed; 16
(c) Establish bylaws it deems necessary and expedient to define the duties of 17
officers or employees and make all necessary policies governing libraries, 18
library service and personnel within the district. 19
(3) (a) The following requires the unanimous vote of the board members and 20
approval of the fiscal court: 21
1. Leasing appropriate buildings for use by educational institutions; 22
2. Constructing appropriate buildings for use by educational institutions; 23
and 24
3. The approval of expenditures for capital projects with a total cost that 25
is equal to or greater than five hundred thousand dollars ($500,000). 26
(b) Buildings for use by educational institutions shall be deemed appropriate 27 UNOFFICIAL COPY 22 RS BR 340
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buildings for purposes of this subsection and subsection (1) of this section 1
when the building meets the school building requirements established by 2
the Kentucky Board of Education. 3
(4) The board in exercise of its powers shall be guided by the regulations and 4
requirements of the Department for Libraries and Archives. 5
(5)[(4)] The powers set forth in this section shall not be construed to limit, restrict or 6
modify any powers or authority granted by any other part of KRS 173.450 to 7
173.650 or any other law not in conflict with the provisions of this section. 8
SECTION 5. A NEW SECTION OF KRS 173.710 TO 173.800 IS CREATED 9
TO READ AS FOLLOWS: 10
(1) Notwithstanding any other statute to the contrary, the terms of all library board 11
members appointed Sections 6 and 7 of this Act prior to January 1, 2023, and 12
serving on the board as of December 31, 2022, shall be expired. Beginning on 13
January 1, 2023, new members shall be appointed to library boards of public 14
library districts that fall under KRS 173.710 to 173.800. 15
(2) Persons appointed to a library board under Sections 6 and 7 of this Act on or 16
after January 1, 2023, shall, prior to appointment: 17
(a) Have a postsecondary credential that is at least the level of an associate 18
degree, certificate, or diploma; 19
(b) Have been a resident within the library district for at least five (5) years; 20
and 21
(c) Be at least twenty-four (24) years of age. 22
(3) In making recommendations and appointments under Sections 6 and 7 of this 23
Act, the Department for Libraries and Archives and the county judge/executive 24
shall attempt to ensure that the board includes: 25
(a) Members from different geographical areas, and from both cities and 26
unincorporated areas, of the county; 27 UNOFFICIAL COPY 22 RS BR 340
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(b) When possible, at least one (1) member from each magisterial district or 1
commissioner district of the county; and 2
(c) No more than two (2) members from each magisterial district or 3
commissioner district of the county. 4
Section 6. KRS 173.725 is amended to read as follows: 5
(1) Upon the creation of a district, the fiscal court of each county in the district shall at 6
once notify the Department for Libraries and Archives of the establishment of the 7
district and shall forward to the department a copy of the petition required pursuant 8
to KRS 173.720. The Department for Libraries and Archives shall then recommend 9
to the county judge/executive of each county in the district the names of suitable 10
persons from among the signers of the petition to be appointed to the board. The 11
Department for Libraries and Archives in recommending persons to the county 12
judge/executive for appointment to the board shall recommend twice as many 13
persons for each county as the county is entitled to have members appointed, and 14
the county judge/executive shall, with the approval of the fiscal court, either: 15
(a) Immediately make the selection from those recommended; or 16
(b) Appoint, with the approval of the fiscal court, individuals of his or her 17
choosing, whether or not the individuals signed the petition, no later than 18
thirty (30) days after the day the county judge/executive received the 19
recommendations. The county judge/executive shall notify the Department 20
for Libraries and Archives of the name of any individual appointed in the 21
manner set out in this subparagraph. 22
(2) Where the district consists of one (1) county, the county judge/executive shall 23
appoint five (5) persons from that county as members. 24
(3) Where the district consists of more than one (1) county, the Department for 25
Libraries and Archives shall prescribe by regulation the number of board members[ 26
when the district consists of more than one (1) county], provided that the board 27 UNOFFICIAL COPY 22 RS BR 340
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shall consist of: 1
(a) Not less than one (1) nor more than four (4) members from each county, each 2
county having such number of members as the proportion of its population 3
bears to the total population in the district; 4
(b) Not more than two (2) members from the same magisterial district or 5
commissioner district of each county;[,] and 6
(c) [that the total membership of the board consists of ]Not less than five (5) 7
members. 8
(4) Where a county joins an already established district: 9
(a) [, ]The Department for Libraries and Archives shall, from among the signers 10
of the petition, recommend to the county judge/executive of each county 11
included in the new district for the first time twice as many persons for 12
appointment to the board as the county is entitled to have appointed, and the 13
county judge/executive shall either: 14
1. Select the members for the county from this list; or 15
2. Appoint, with the approval of the fiscal court, the individuals of his or 16
her choosing, whether or not the individuals signed the petition, no 17
later than thirty (30) days after the day the county judge/executive 18
received the recommendations. The county judge/executive shall 19
notify the Department for Libraries and Archives of the name of any 20
individual appointed in the manner set out in this subparagraph; 21
and[.] 22
(b) The terms of the members of the counties composing the previously existing 23
district shall expire immediately upon the organization of the new board and 24
such vacancies shall be filled as provided in KRS 173.730. 25
(5) In making recommendations and appointments under this section, the persons 26
selected for the board shall meet the requirements established under Section 5 of 27 UNOFFICIAL COPY 22 RS BR 340
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this Act. 1
[(2) In making recommendations and appointments under subsection (1) of this section 2
and KRS 173.730, the Department for Libraries and Archives and the county 3
judge/executive shall attempt to assure, to the extent permitted by the county's 4
entitlement to board members, that the board includes members from different 5
geographical areas, and from both cities and unincorporated areas, of the county.] 6
Section 7. KRS 173.730 is amended to read as follows: 7
(1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a 8
term of two (2) years, one-third (1/3) for a term of three (3) years and one-9
third (1/3) for a term of four (4) years. Where the board consists of a number 10
of members not divisible by three (3), one-third (1/3) of the next higher 11
number divisible by three (3), shall serve for a term of two (2) years, one-third 12
(1/3) for a term of three (3) years and the remaining number shall serve for a 13
term of four (4) years. Thereafter, as their terms expire, the board shall make 14
recommendations on their successors, who shall be appointed as set out in 15
paragraph (b) of this subsection[ recommended by the board]. 16
(b) The board shall recommend two (2) persons committed to the provision of 17
library services to the Department for Libraries and Archives, for each 18
vacancy. The state librarian and commissioner shall recommend those names 19
to the county judge/executive. The county judge/executive shall either: 20
1. Immediately, with the approval of the fiscal court, make the selection 21
from those recommended; or 22
2. Appoint, with the approval of the fiscal court, any individual of his or 23
her choosing, no later than thirty (30) days after the day the county 24
judge/executive received the recommendation. The county 25
judge/executive shall notify the Department for Libraries and Archives 26
of the name of any individual appointed in the manner set out in this 27 UNOFFICIAL COPY 22 RS BR 340
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subparagraph. 1
(c) Board members thus appointed shall serve a term of four (4) years each. 2
Trustees may serve for two (2) consecutive terms after which they shall not 3
succeed themselves. They may be reappointed no earlier than twelve (12) 4
months following the end of their last service. The members shall hold office 5
until their respective successors are appointed and qualified. After absence of 6
a trustee from four (4) regular monthly meetings of the board during any one 7
(1) year of the trustee's term, the trustee shall be considered to have 8
automatically resigned from the board. An advisory board may be appointed 9
and serve as specified in bylaws of the board of trustees. 10
(2) Any vacancy occurring in the terms of office of members shall be filled for the 11
unexpired term by the county judge/executive, with the approval of the fiscal court, 12
by appointment either: 13
(a) On recommendation of the state librarian and commissioner of two (2) 14
persons interested in the provision of library services and living in the county 15
in which the vacancy occurred; or[.] 16
(b) At the discretion of the county judge/executive of a person not named by the 17
state librarian and commissioner. Any person appointed in accordance with 18
this paragraph shall be committed to the provision of library services and 19
living in the county in which the vacancy occurred. The county 20
judge/executive shall notify the Department for Libraries and Archives of 21
the name of any individual appointed in the manner set out in this 22
paragraph. 23
(3) A member of the board may be removed from office as provided by KRS 65.007. 24
(4) In making recommendations and appointments under this section, the persons 25
selected for the board shall meet the requirements established under Section 5 of 26
this Act. 27 UNOFFICIAL COPY 22 RS BR 340
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Section 8. KRS 173.745 is amended to read as follows: 1
(1) The board shall establish, equip and maintain libraries or contract with existing 2
libraries for the furnishing of library service for the district and do all things 3
necessary to provide efficient library service. The board may also enter an 4
agreement pursuant to KRS 65.210 to 65.300 for the provision of additional library 5
services. No district shall establish a library unless the plans for the establishment, 6
equipment and maintenance have been approved by the Department for Libraries 7
and Archives. No contract shall be made unless the libraries contracting to furnish 8
service are libraries approved by the Department for Libraries and Archives for this 9
purpose. 10
(2) The district, as a body corporate, by and through the board may: 11
(a) Sue and be sued, complain and defend, purchase, or lease grounds, purchase, 12
lease, occupy or erect appropriate buildings for the use of the district libraries 13
and their branches, lease or build to lease appropriate buildings for use by 14
educational institutions, sell and convey real and personal property for and on 15
behalf of the district, receive gifts of real and personal property for the use and 16
benefit of the district, the same when accepted to be held and controlled by the 17
board according to the terms of the deed, gift, devise or bequest of such 18
property; 19
(b) Borrow money on the credit of the board in anticipation of the revenue to be 20
derived from taxes levied by the district for the fiscal year in which the money 21
is borrowed, and to pledge the taxes levied for the district for the payment of 22
the principal and interest of the loan. The principal to be repaid annually shall 23
not exceed fifty percent (50%) of the anticipated revenue for the fiscal year in 24
which the money is borrowed. 25
(c) Establish bylaws it deems necessary and expedient to define the duties of 26
officers or employees and make all necessary policies governing libraries, 27 UNOFFICIAL COPY 22 RS BR 340
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library service and personnel within the district. 1
(3) (a) The following requires the unanimous vote of the board members and 2
approval of the fiscal court: 3
1. Leasing appropriate buildings for use by educational institutions; 4
2. Constructing appropriate buildings for use by educational institutions; 5
and 6
3. The approval of expenditures for capital projects with a total cost that 7
is equal to or greater than five hundred thousand dollars ($500,000). 8
(b) Buildings for use by educational institutions shall be deemed appropriate 9
buildings for purposes of this subsection and subsection (1) of this section 10
when the building meets the school building requirements established by 11
the Kentucky Board of Education. 12
(4) The board in exercise of its powers shall be guided by the regulations and 13
requirements of the Department for Libraries and Archives. 14
(5)[(4)] The powers set forth in this section shall not be construed to limit, restrict or 15
modify any powers or authority granted by KRS 173.710 to 173.800 or any other 16
law not in conflict with the provisions of this section. 17
Section 9. This Act takes effect on January 1, 2023. 18