CITY, COUNTY, AND REGIONAL LIBRARIES

KRS tit. XIV, ch. 173

in effect

KRS 173.005 Compliance with KRS 65A.010 to 65A.090

173.005. Compliance with KRS 65A.010 to 65A.090 Any board of trustees formed and operating under KRS 173.010 to 173.410 shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Created 2013 Ky. Acts ch. 40, sec. 59, effective March 21, 2013.

KRS 173.010 Public library in cities of first class -- Arrangement with existing libraries - - Provisions of contract

173.010. Public library in cities of first class -- Arrangement with existing libraries - - Provisions of contract (1) The mayor of any city of the first class, with the consent of the city legislative body, may contract with the governing authority of any library in the city, containing fifty thousand (50,000) or more volumes, for the purpose of making the library free and open to the public at reasonable times and under reasonable regulations to be determined by the governing authority of the library. (2) The contract shall be for not over five (5) years and may be renewed. The contract shall provide that the uses, privileges and facilities of the library, subject to the reasonable regulation of its governing body, shall be equal and free to all persons; that it shall be nonsectarian; and that its reading rooms, and its circulating department shall be maintained free and open to the general public. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2801a-1.

KRS 173.020 Tax for existing library -- Report to mayor

173.020. Tax for existing library -- Report to mayor (1) Any city acting under the provisions of KRS 173.010 shall annually, in its annual ordinance fixing the tax rate, include a levy for library purposes not exceeding two cents ($0.02) on each one hundred dollars ($100) worth of property assessed for taxation for city purposes. The amount levied annually shall be credited to the library fund of the city, and the revenue, as collected, shall be paid over to the governing authority of the library by the director of finance in regular weekly installments. (2) All money so received shall be used exclusively for conducting and maintaining the library for the public purposes mentioned in KRS 173.010. The governing authority of the library shall make a report to the mayor each September, showing statistics covering the attendance at and the use of the books of the library, the receipts and expenditures of all money handled by it during the year, and other information bearing upon the usefulness of the library to the public. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2801a-2.

KRS 173.030 Establishment of free public library in cities of first class -- Use of -- Ordinances regarding conduct

173.030. Establishment of free public library in cities of first class -- Use of -- Ordinances regarding conduct (1) Any city of the first class may, by ordinance, establish and maintain within its corporate limits a free public library, with circulating and reference departments and reading rooms, or any of them, for the use of the residents thereof, with such branches and stations as the board of trustees of the library think proper. All the uses and privileges of such library shall be free and equal to all residents of the city, subject only to the rules and regulations established by the board of trustees. The board may extend the privilege and use of the library to persons residing outside of the city, upon such terms and conditions as the board prescribes. (2) The city legislative body may pass such ordinances as the board recommends providing for the punishment of persons injuring the library property and regulating the conduct of persons using the library. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2801b-1, 2801b-2, 2801b-8.

KRS 173.040 Board of trustees -- Officers and employees

173.040. Board of trustees -- Officers and employees (1) As soon as practicable after the passage of the ordinance providing for a free public library, the mayor shall appoint twelve (12) trustees. The appointments shall be made for four (4) year terms except that the original appointees shall be so appointed that the terms of three (3) members shall expire each year. Each appointee must be, at the time of his appointment, a taxpayer and qualified voter in the city and must have resided therein for two (2) years prior to his appointment. The mayor shall continue to appoint all twelve (12) trustees unless the county judge/executive becomes authorized to appoint trustees under the provisions of KRS 173.105, after which the mayor shall appoint only the trustee positions not appointed by the county judge/executive. The trustees shall serve without compensation. The twelve (12) trustees, whether appointed under this subsection or under KRS 173.105, together with the mayor of the city, shall constitute the board of trustees of the free public library, and shall be a corporation with power to make such rules and regulations to govern itself and the property entrusted to its care as it deems proper. Absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee's term shall constitute automatic resignation from the board by the trustee. (2) Vacancies in the office of trustee shall be reported by the board to the mayor, if the vacancy occurs in a trustee position filled by appointment of the mayor, or to the county judge/executive if the vacancy occurs in a trustee position which the county judge/executive has authority to fill under KRS 173.105. The vacancy shall be filled by the mayor if so authorized or the county judge/executive if so authorized under subsection (1) of this section and KRS 173.105, for the remainder of an unexpired term or for a full term if the vacancy results from the expiration of a term. The trustees shall, before entering upon the duties of office, make an oath or affirmation before a judicial officer that they will discharge their duties. (3) At its first meeting and each year thereafter, the board shall select members of the board to serve as president and vice president, and it may choose other necessary officers and employees, fix their duties and compensation, and remove them at pleasure. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 245, sec. 8, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 267, sec. 1, effective March 30, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2801b-3, 2801b-4.

KRS 173.045 Retirement plan for employees

173.045. Retirement plan for employees The board of trustees of the free public libraries in cities of the first class, created or existing under the laws of Kentucky, which have not less than two (2) full time employees, may provide for their retirement with annuities; may adopt the American Library Association retirement plan or make such other provisions for retirement of its employees as the board deems proper, whether similar to the American Library Association retirement plan or otherwise. History: Created 1946 Ky. Acts ch. 197, sec. 5.

KRS 173.050 Powers of board of trustees

173.050. Powers of board of trustees (1) The board of trustees may, in its corporate name: (a) Contract and be contracted with, sue and be sued, and have and use a corporate seal, which it may alter at pleasure; (b) Acquire, by itself or jointly with the city in which the library is located, by gift, purchase or otherwise, and hold, in the same manner, real and personal property to the use of the public library, for the purpose for which it is dedicated; (c) Use, manage and improve, sell and convey, rent or lease property, and erect suitable buildings. (2) The board of trustees may mortgage any real or personal property owned by the library to secure any sums borrowed for making repairs or improvements, or paying off any indebtedness it may owe. The mortgage shall not exceed $1,000,000. History: Amended 1946 Ky. Acts ch. 197, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2801b-3, 2801b-7.

KRS 173.060 Meetings of board -- Incurring of liabilities

173.060. Meetings of board -- Incurring of liabilities The board shall meet at least once each month for the transaction of its business. A majority of the board shall constitute a quorum, but no appropriation of money, except for ordinary or current expenditures, shall be made without the affirmative vote of a majority of its members. Except for the purpose of erecting the library building, the board of trustees shall not incur liabilities for any current year in excess of its annual income, including gifts and donations and unexpended balances from previous years. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2801b-4.

KRS 173.065 Fiscal year of library

173.065. Fiscal year of library The fiscal year of the free public libraries in cities of the first class shall begin on the first day of July of each year and end on June 30 next following. History: Created 1946 Ky. Acts ch. 197, sec. 4.

KRS 173.070 Appropriation for public library -- Disposition of revenue -- Report to legislative body

173.070. Appropriation for public library -- Disposition of revenue -- Report to legislative body (1) In order to provide funds for the establishment and maintenance of a library established as provided in KRS 173.030, the legislative body of a city of the first class shall annually appropriate from the general fund of the city such sum as in the judgment of the legislative body shall be reasonably necessary for such purposes. Moneys so appropriated shall be credited to the library fund of the city, and may be paid over to the board of trustees by the director of finance of such city in regular monthly installments. (2) The board shall make a report to the city legislative body each July, showing the use of the library for the fiscal year ending the last day of June preceding, the receipts and expenditures of all money handled by it during the year, and giving such other information as may promote the usefulness of the library to the public, or as is called for by the city legislative body. No portion of the property or fund held for library purposes under this section shall ever be applied to the support of any library not exclusively under the control of the board of trustees. History: Amended 1954 Ky. Acts ch. 164, sec. 7. -- Amended 1946 Ky. Acts ch. 197, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2801b-6.

KRS 173.080 Issuance of library bonds

173.080. Issuance of library bonds The board of trustees may, in its discretion, issue bonds in the sum of not over one million dollars ($1,000,000) for the purpose of making improvements or repairs, or paying off any indebtedness it may owe. The bonds may be secured by any or all real or personal property owned by the library. The bonds shall be designated as "library bonds" and the board of trustees shall, by resolution, fix the date and maturity of the bonds, the rate of interest and form they shall bear, and where they shall be payable. The board shall determine when, at what price and how the bonds shall be sold. As the bonds are sold their proceeds shall be placed in some bank, but shall be kept in a separate account and shall be used only for the purpose for which the bonds were issued, provided however the expense and cost of floating the bonds may be paid therefrom. The rent received in any year from any real property belonging to the board of trustees shall be first applied to the payment of interest on bonds for such year, and next to the sinking fund requirements of the bond issue for such year, and the balance may be used for current operating expenses of the board of trustees. History: Amended 1946 Ky. Acts ch. 197, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2801b-9.

KRS 173.090 City may guarantee library bonds

173.090. City may guarantee library bonds (1) If bonds are issued as provided in KRS 173.030 to 173.100, the city in which the library is located may, by ordinance, guarantee the bonds, either as to principal or interest or both. (2) When the ordinance guaranteeing the bonds is enacted by the city, the bonds shall be indorsed "guaranteed" and the name of the city attached and the guarantee shall be signed by the mayor and attested by the director of finance, and stamped with the proper seal of the city. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2801b-10.

KRS 173.100 Deposit of library funds

173.100. Deposit of library funds All money due the board shall be deposited in a bank, in the city, selected by the board, and funds shall be withdrawn from the bank only on order of the board by check of its treasurer countersigned by its president. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2801b-5.

KRS 173.105 Contract with county -- Support by county -- Effect of compact -- Effect on joint department upon establishment of consolidated local government

173.105. Contract with county -- Support by county -- Effect of compact -- Effect on joint department upon establishment of consolidated local government (1) The fiscal court of any county containing a population of over two hundred thousand (200,000) and a city of the first class, may contract with the board of trustees of the free public library of any such city for the purpose of granting to the residents and schools of such county the same privileges afforded by such library to residents and schools in the city. (2) Notwithstanding any provisions of Kentucky Revised Statutes to the contrary, when the fiscal court of any county containing a population of over two hundred thousand (200,000) and a city of the first class have in effect a compact under KRS 79.310 to 79.330, the city and county shall by joint action create a joint city/county department for the purpose of providing a free public library. In such event, the board of trustees shall be dissolved as a corporate entity, and all assets and liabilities of the board of trustees shall be transferred to the joint department. An advisory board may be established by joint agreement of such city and county. Upon the establishment of a consolidated local government in a county where a city of the first class and a county containing that city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330, the joint department shall become a department of the consolidated local government and all assets and liabilities of the joint department shall be transferred to the consolidated local government. An advisory board may be established or maintained by a consolidated local government. Members of the advisory board shall be appointed pursuant to the provisions of KRS 67C.139 and shall serve at the pleasure of the mayor of the consolidated local government. (3) If the fiscal court enters into a contract pursuant to subsection (1) of this section, then the county judge/executive shall have the authority to appoint one-half (1/2) of the positions on the board of trustees of the free public library. Appointments shall be made for four (4) year terms. Each appointee must be at the time of his or her appointment a taxpayer and qualified voter in the county. (4) The county judge/executive shall make the appointments authorized by subsection (3) of this section in the following manner. On March 31 of 1978 and March 31 of 1980, he or she shall appoint persons to fill two (2) of the vacancies which occur. On March 31 of 1979 and March 31 of 1981, he or she shall appoint a person to fill one (1) vacancy which occurs. He or she shall continue to make the appointments to these positions when a vacancy occurs or a term expires, subject to subsection (5) of this section. (5) If the contract between the fiscal court and a free public library terminates or ceases to be in effect, the county judge/executive shall no longer have the authority to appoint persons as trustees to the board of the free public library and the mayor may terminate the appointment of trustees appointed by the county judge/executive and appoint persons to fill their unexpired terms. (6) The fiscal court may annually appropriate money out of the county treasury to the maintenance and support of the library. (7) Money so appropriated by the fiscal court may be expended by the board of trustees of the free public library in the establishment of branch stations in the county outside the city of the first class, under regulations of the board of trustees. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 178, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 77, sec. 21, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 267, sec. 2, effective March 30, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2801c-1, 2801c-2. Formerly codified as KRS 172.095.

KRS 173.106 Opportunity for voluntary contribution for free public library when registering vehicle in county with compact in effect -- Procedure upon establishment of consolidated local government

173.106. Opportunity for voluntary contribution for free public library when registering vehicle in county with compact in effect -- Procedure upon establishment of consolidated local government In a county where the county and a city of the first class have in effect a compact under KRS 79.310 to 79.330 and have created a joint city/county library department, the county clerk, when he or she receives an application for vehicle registration pursuant to KRS 186.030, shall present the person making the application an opportunity to make a voluntary contribution for the support of the free public library. If the applicant chooses to donate to the library, he or she shall include the donation in the fee. The clerk shall pay the donations to the library department in the same fashion as taxes are paid pursuant to KRS 134.815 and shall be entitled to the same commission as that payable on county taxes pursuant to KRS 134.805. Upon the establishment of a consolidated local government in a county where a city of the first class and a county containing that city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330, and have created a joint city/county library department, the county clerk shall continue the procedure by which persons may make voluntary contributions for the support of the free public library. The donations shall be transferred to the consolidated local government for the maintenance of the library department in the same manner as moneys are transferred pursuant to KRS 134.815 and the county clerk shall be entitled to the same commission as that payable on taxes pursuant to KRS 134.805. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 179, effective July 15, 2002. -- Created 1994 Ky. Acts ch. 100, sec. 1, effective July 15, 1994.

KRS 173.107 Library tax or appropriation not to be decreased when city becomes city of first class or consolidated local government

173.107. Library tax or appropriation not to be decreased when city becomes city of first class or consolidated local government Any library established or maintained pursuant to the provisions of KRS 173.310 to 173.410 shall not, upon becoming a city of the first class, or a consolidated local government, or a county containing a city of the first class, have its tax levy or appropriation decreased except by the procedure in KRS 173.790. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 180, effective July 15, 2002. -- Created 1972 Ky. Acts ch. 223, sec. 6.

KRS 173.110 Repealed, 1944

173.110. Repealed, 1944 Catchline at repeal: Free public libraries in cities of second class; board of trustees. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3210b-1.

KRS 173.120 Repealed, 1944

173.120. Repealed, 1944 Catchline at repeal: Powers of board of trustees. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3210b-1.

KRS 173.130 Repealed, 1944

173.130. Repealed, 1944 Catchline at repeal: Conduct of public library; disposition of fines and costs. History Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3210b-1.

KRS 173.140 Repealed, 1944

173.140. Repealed, 1944 Catchline at repeal: Tax for public library; limit on incurring of liabilities. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3210b-1.

KRS 173.150 Repealed, 1944

173.150. Repealed, 1944 Catchline at repeal: Tax for libraries established upon accumulation of funds under laws enacted prior to 1900. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3210a-1.

KRS 173.160 Repealed, 1944

173.160. Repealed, 1944 Catchline at repeal: Public libraries in cities of third, fourth, fifth and sixth classes; establishment; board of trustees. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-2.

KRS 173.170 Repealed, 1944

173.170. Repealed, 1944 Catchline at repeal: Powers of board of trustees. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-2.

KRS 173.180 Repealed, 1944

173.180. Repealed, 1944 Catchline at repeal: Conduct of the library; rules as to use and preservation of library property. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-4.

KRS 173.190 Repealed, 1944

173.190. Repealed, 1944 Catchline at repeal: Tax to establish public library. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-1.

KRS 173.200 Repealed, 1944

173.200. Repealed, 1944 Catchline at repeal: Popular subscription to establish library. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-1.

KRS 173.210 Repealed, 1944

173.210. Repealed, 1944 Catchline at repeal: Tax for maintenance of public library. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-3.

KRS 173.220 Repealed, 1944

173.220. Repealed, 1944 Catchline at repeal: Library to receive one-half of fines collected in police court; donations; limit on incurring of liabilities. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2741d-2, 2741d-5.

KRS 173.230 Repealed, 1944

173.230. Repealed, 1944 Catchline at repeal: Application of sections. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-12.

KRS 173.240 Repealed, 1944

173.240. Repealed, 1944 Catchline at repeal: Other public libraries entitled to benefits of KRS 173.160 to 173.290. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2741d-6, 2741d-12.

KRS 173.250 Repealed, 1944

173.250. Repealed, 1944 Catchline at repeal: Division of fines and revenue between races. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-7.

KRS 173.260 Repealed, 1944

173.260. Repealed, 1944 Catchline at repeal: When library for one race to receive all fines; race not using library not to be taxed. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-8.

KRS 173.270 Repealed, 1944

173.270. Repealed, 1944 Catchline at repeal: Library board; appointment; terms. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-9.

KRS 173.280 Repealed, 1944

173.280. Repealed, 1944 Catchline at repeal: Warrant to specify fund out of which to be paid. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-10.

KRS 173.290 Repealed, 1944

173.290. Repealed, 1944 Catchline at repeal: Petition to make library a free library; appeal. History: Repealed 1944 Ky. Acts ch. 160, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741d-11.

KRS 173.300 Definitions for KRS 173.310 to 173.410

173.300. Definitions for KRS 173.310 to 173.410 As used in KRS 173.310 to 173.410, unless the context requires a different meaning: (1) "Governmental unit" means any county or city; except a city of the first class and a county containing a city of the first class; (2) "Legislative body" means the governing body of a governmental unit; and (3) "Library" means a free public library supported in whole or in part with money derived from taxation, and governed by a board as provided for in KRS 173.340, excluding a city of the first class and a county containing a city of the first class. History: Created 1944 Ky. Acts ch. 160, sec. 1.

KRS 173.310 Methods by which library service may be provided -- Appropriation or levy on establishment

173.310. Methods by which library service may be provided -- Appropriation or levy on establishment Any governmental unit may provide library service for its inhabitants according to any one (1) of the following methods: (1) The legislative body on its own initiative may establish an independent library. (2) Upon receipt of a petition signed by a number of taxpayers equal to five percent (5%) of the number of votes cast for officers in the last general election of such governmental unit, the legislative body shall submit the question to a vote at the next general election by submitting the question to the county clerk not later than the second Tuesday in August preceding the general election. If a majority of those voting on the question vote in favor of the proposition, the legislative body shall forthwith establish a library, except as provided in subsection (4) of this section. (3) The legislative bodies of two (2) or more adjacent counties may on their own initiative, or upon a petition and vote in each county as provided in subsection (2) above, or upon the initiative of some legislative bodies and petition and vote in others, join in establishing and maintaining a regional library, provided the aggregate assessed valuation of the property assessable for local taxation in such counties is a minimum of $10,000,000, and subject to the provisions of KRS 173.320. (4) The legislative body of any governmental unit may on its own initiative contract to receive service from an existing nearby library, the library of a nearby institution of higher learning, the State Department for Libraries and Archives, or from a nearby library not owned by a governmental unit but which provides free service, each of these having reciprocal power to render the service. In the event of a petition and vote as provided by subsection (2), a legislative body shall have the privilege of providing library service by contract in lieu of establishing an independent library. When any one (1) of the above methods has been complied with, the legislative bodies of the governing units shall at once make the necessary appropriation or levy to establish and maintain such library service annually and perpetually. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 62, effective July 15, 1996. -- Amended 1960 Ky. Acts ch. 61, sec. 1, effective June 16, 1960. -- Created 1944 Ky. Acts ch. 160, sec. 2.

KRS 173.320 Regional libraries

173.320. Regional libraries The establishment of a regional library shall be by contract, in writing, by the legislative bodies of the counties. The expenses of the regional library shall be apportioned between the contracting parties concerned in proportion to the taxable property of each as shown by their respective assessments and as shall be agreed upon in the contract. The treasurer of one of the counties, as provided in the contract, shall have the custody of the funds for the regional library; and the treasurers of the other counties concerned shall transfer to him as collected all the moneys received for public library purposes and interest from library funds in their respective governmental units. The contract for a regional library shall continue in force for a period of five (5) years and no county shall be permitted to withdraw without the consent of all the other participating counties during the five (5) year period. If the legislative body of a county decides to withdraw from a regional library contract, it shall be entitled to a division of the property on the same basis as its contributions, such division being completed within six (6) months from the withdrawal date. If no unit withdraws, at the end of the five (5) year period, the contract shall continue in force for a like period. History: Created 1944 Ky. Acts ch. 160, sec. 3.

KRS 173.330 Contracts for library service

173.330. Contracts for library service A contract for library service made pursuant to subsection (4) of KRS 173.310 shall require the existing library to perform all the functions of a library within the governmental unit wanting service. Such contracts shall not be valid nor shall funds be obligated until the contracts are approved in writing by all the contracting parties and have been certified by the Department for Libraries and Archives as providing standard library service for the sum specified. Initial contracts shall be for two (2) years or longer, subject to renewal. The board of trustees of a regional library shall have the same power to contract for library service as is given to a legislative body in subsection (4) of KRS 173.310. History: Created 1944 Ky. Acts ch. 160, sec. 4.

KRS 173.340 Library board of trustees

173.340. Library board of trustees (1) The management and control of a library shall be vested in a board of trustees. In cities and counties, the board shall consist of five (5) members except that in cities with populations equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, it shall consist of seven (7) members. In the event a contract for library service is made pursuant to subsection (4) of KRS 173.310, the board may consist of equal representation from the contracting parties with the total membership not to exceed twelve (12). In a library region, there shall be five (5) members, except if the number of counties exceeds five (5), there shall be one (1) trustee from each county in the region. (2) Within thirty (30) days after the establishment of a library has been authorized by any of the methods authorized by KRS 173.310, a library board shall be appointed. In cities the trustees shall be appointed by the mayor and in counties they shall be appointed by the county judge/executive. There shall be established a board of trustees in each regional library district for purposes of coordinating library programs and effecting economies and efficiencies of the member county library systems. In each regional library district, the trustees shall be appointed by the joint action of the judges/executive of the respective counties or as may be agreed upon by contract. In any region in which there are four (4) or less counties, provision shall be made in the contract for rotation of members and an equitable adjustment of terms. If a region consists of an even number of counties, the trustees appointed by the judges/executive of the respective counties shall appoint an additional trustee whose term of office shall be four (4) years and whose successor shall be appointed by the trustees in office at the time of expiration of such term. Trustees shall be appointed from the governmental unit at large with special reference to their fitness for such office. Upon initial establishment of the board, members of the board shall be appointed to terms as follows: two (2) members for two (2) years, one (1) member for three (3) years, and two (2) members for four (4) years respectively, and thereafter trustees shall be appointed to serve terms of four (4) years. Trustees may serve for two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no earlier than twelve (12) months following the end of their last service. Vacancies shall be filled for the unexpired terms as soon as possible in the same manner as the original appointments. In the event that vacancies have existed for a period of at least six (6) months, the Governor of the Commonwealth of Kentucky, upon the recommendation of the state librarian, may make such necessary appointments. After absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee's term, the trustee shall be considered to have automatically resigned from the board. An advisory board may be appointed and serve as specified in bylaws of the public library board of trustees. (3) Library trustees shall not receive a salary or other compensation for their services, but may be reimbursed for actual expenses necessarily incurred in the performance of their duties, upon approval by the board. Before entering upon the duties of his office, a trustee shall take oath that he will faithfully discharge his duties. No board shall employ as a member of its library staff any member of the board or any person related closer than a second cousin to any member of the board. No person is eligible to this office who is directly or indirectly interested in the sale to the library of books, magazines, supplies, equipment, materials, insurance or services for which library funds are expended. (4) A library trustee may be removed only by vote of the legislative body of the respective governmental unit from which he was appointed. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 244, effective January 1, 2015. -- Amended 1990 Ky. Acts ch. 58, sec. 1, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 245, sec. 9, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 367, sec. 2. -- Amended 1974 Ky. Acts ch. 8, sec. 4. -- Amended 1970 Ky. Acts ch. 109, sec. 1. -- Created 1944 Ky. Acts ch. 160, sec. 5.

KRS 173.350 Organization of board -- Meetings -- Powers and duties

173.350. Organization of board -- Meetings -- Powers and duties (1) The board of trustees shall constitute a corporate body with perpetual succession. Within ten (10) days after their appointment, the appointive officer shall call a meeting of the library board to organize by the election of such officers as they deem necessary and meet on a regularly scheduled basis thereafter once each month. If the appointive officer does not call a meeting, the trustees may do so on their own initiative. (2) They shall adopt such bylaws and policies for their own guidance and for the government of the library as they deem expedient; have the supervision, care and custody of all property of the library including its quarters or buildings; employ a library director and upon that person's recommendation employ such other staff as may be necessary, who shall be certified in accordance with KRS 171.240 to 171.300, fix the compensation of the library director and staff; adopt personnel policies which shall include dismissal of employees; submit annually to the legislative body a budget containing estimates in detail of the amount of money necessary for the library for the ensuing year; allot funds for the purchase of library materials and supplies for the library; and do all other acts necessary for the orderly and efficient management and control of the library. (3) They may accept such gifts of money or property for library purposes as they deem expedient; lease or purchase land for library buildings; lease, purchase or erect an appropriate building or buildings for library purposes and acquire such other property and equipment as may be needed therefor; and may enter into contracts for library service with other library boards as provided for in KRS 65.210 to 65.300 and with other units of government as provided for in KRS 173.310(4). Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 2, effective July 13, 1990. -- Amended 1974 Ky. Acts ch. 8, sec. 5. -- Created 1944 Ky. Acts ch. 160, sec. 6.

KRS 173.360 Annual appropriations, amounts -- Powers and duties of board as to funds

173.360. Annual appropriations, amounts -- Powers and duties of board as to funds (1) After the legislative body of a governmental unit has made provisions for library service according to any of the methods set forth in KRS 173.310, the legislative body shall appropriate money annually to furnish such service. In library regions it shall not be less than three cents ($0.03), nor more than ten cents ($0.10) on each one hundred dollars ($100) worth of property assessed for local taxation. In counties containing a city of the first class it shall be not more than fifteen cents ($0.15) on each one hundred dollars ($100) worth of property assessed for local taxation. In all other governmental units it shall be not less than five cents ($0.05) nor more than fifteen cents ($0.15) on each one hundred dollars ($100) worth of property assessed for local taxation. In those instances where county library service has been established on the initiative of the fiscal court and when an appropriation of less than the minimum amount required by this subsection is proposed, the minimum amount of support for county library service may be determined annually through a mutual agreement of the county library board, the county fiscal court, and the state Department for Libraries and Archives. This agreement shall be reflected in the records of the legislative body of the governmental unit making the appropriation. (2) All funds for the library shall be deposited monthly to the credit of the library board. These funds shall not be used for any but library purposes. The treasurer of the library board shall be required to execute bond with good and sufficient surety thereon for the faithful performance of his duties, the amount of the bond to be fixed by the board. If the bond has a corporate surety the premium shall be paid from the library fund. The board shall have exclusive control of expenditures, subject to an examination of accounts as may be required by the legislative body, and money shall be paid only upon vouchers approved by the board. The board shall not make expenditures or incur indebtedness in any year in excess of the amount of money appropriated and available for library purposes, except where a library board is the owner of real estate not used for library purposes, in which case they may borrow money secured solely by that property. Principal and interest on indebtedness on real estate owned by a library board not used for library purposes is not chargeable to the library funds derived from taxation. History: Amended 1964 Ky. Acts ch. 55, sec. 3. -- Amended 1960 Ky. Acts ch. 61, sec. 2. -- Created 1944 Ky. Acts ch. 160, sec. 7.

KRS 173.370 Annual reports

173.370. Annual reports At the close of its fiscal year the board of trustees of every library shall make a report to the legislative body of the governmental unit wherein the board serves, showing the condition of its trust during the year, the sums of money received for the library fund, the sums of money expended and the purposes of the expenditures, the number of books and bound periodicals on hand, the number added during the year, the number discarded, the number lent, and such other statistics and information and such suggestions as they deem of public interest. A report shall also be filed with the Department for Libraries and Archives at Frankfort, Kentucky, upon forms supplied by said department. History: Created 1944 Ky. Acts ch. 160, sec. 8.

KRS 173.380 Free use of libraries

173.380. Free use of libraries Every library established or maintained under KRS 173.300 to 173.390 shall be free for the use of the inhabitants of the governmental unit in which it is located, subject to such reasonable rules and regulations the trustees find necessary. History: Created 1944 Ky. Acts ch. 160, sec. 9.

KRS 173.390 Title to money and property

173.390. Title to money and property The title to money or property given to or for the use or benefit of a library shall be vested in the board of trustees, to be used according to the terms of the gift. Should a library be closed or services discontinued, it shall be the duty of the governmental unit to hold all library property and funds received by gift in trust to be used for library purposes, unless the terms of the gift permit use for other purposes or unless such assets are transferred to a public library district pursuant to KRS 173.395. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 167, sec. 2, effective July 15, 1980. -- Created 1944 Ky. Acts ch. 160, sec. 10.

KRS 173.395 Consolidation of city library with public library district -- Dissolution of city library tax levy -- Transfer of assets

173.395. Consolidation of city library with public library district -- Dissolution of city library tax levy -- Transfer of assets (1) If a public library district is established under KRS 173.450 to 173.800, the legislative body of any city in such county that has established a library under KRS 173.310(1) or (2) may dissolve the city library for the purpose of consolidating library services in the public library district. Such dissolution shall have the effect of removing any tax levied under KRS 173.310 for the specific purpose of establishing and maintaining the city library. (2) If a city library is dissolved pursuant to subsection (1) of this section, the city legislative body shall immediately file an order of dissolution with the official who is responsible for collecting any tax levied under KRS 173.310. The official shall thereupon remove any tax levied under KRS 173.310, for the specific purpose of establishing and maintaining the city library, from the tax bills of the property owners of the city. (3) After the satisfaction of any existing contractual obligations assumed in connection with the dissolved library, the assets of the library shall be transferred to the public library district, unless the terms of a gift held in trust prohibit such transfer. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 167, sec. 1, effective July 15, 1980.

KRS 173.400 Status of existing libraries and contracts

173.400. Status of existing libraries and contracts Any free public library established after June 13, 1944, shall be established as provided in KRS 173.300 to 173.390. Every existing public library which has been heretofore established under provisions of state law except a city of the first class and a county containing a city of the first class shall be considered as operating under the authority of KRS 173.300 to 173.390. Every existing contract for library service shall continue until the contract be terminated or a library be established by the governmental unit for which the service was engaged. The provisions of KRS 173.300 to 173.390 shall be construed as superseding the provisions of any municipal charter in conflict therewith. History: Created 1944 Ky. Acts ch. 160, sec. 11.

KRS 173.410 Retirement plan for employees

173.410. Retirement plan for employees The governing board of any tax-supported library, created or existing under the laws of Kentucky, which has not less than two (2) full-time employees, may provide for their retirement with annuities; may adopt the American Library Association retirement plan; or make any other provisions for the retirement of its employees. History: Created 1944 Ky. Acts ch. 160, sec. 12.

KRS 173.450 Definitions for KRS 173.450 to 173.650

173.450. Definitions for KRS 173.450 to 173.650 (1) "District" means "public library district"; and (2) "Board" means the board of trustees of a public library district. History: Amended 1972 Ky. Acts ch. 223, sec. 7. -- Created 1960 Ky. Acts ch. 114, sec. 1, effective June 16, 1960.

KRS 173.460 Public library district -- Taxation -- Purpose

173.460. Public library district -- Taxation -- Purpose All of the territory in a county, or in two (2) or more counties contiguous to each other may be organized into a public library district for the purpose of levying a tax to pay for establishing, equipping, maintaining and administering libraries, or for contracting for library service from any existing library. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 114, sec. 2, effective June 16, 1960.

KRS 173.470 Organization -- Special tax

173.470. Organization -- Special tax (1) Districts shall be organized in accordance with the procedures of KRS 65.182. (2) A public library district created pursuant to KRS 65.182 and this section shall constitute and be a taxing district within the meaning of Section 157 of the Constitution of Kentucky. In no event shall the maximum special ad valorem tax imposed for the maintenance and operation of the district exceed twenty cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all property in the district. (3) All special ad valorem taxes authorized by KRS 173.450 to 173.650 shall be collected in the same manner as are other county ad valorem taxes in each county affected and shall be turned over to the board as the governing body of the district. The special ad valorem tax shall be in addition to all other ad valorem taxes. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 100, sec. 12, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 360, sec. 52, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 296, effective June 17, 1978. -- Amended 1964 Ky. Acts ch. 55, sec. 4. - - Amended 1962 Ky. Acts ch. 71, sec. 1. -- Created 1960 Ky. Acts ch. 114, sec. 3.

KRS 173.480 Notice of organization -- Copy of petition -- Duties of Department for Libraries and Archives -- Board membership -- Appointment process

173.480. Notice of organization -- Copy of petition -- Duties of Department for Libraries and Archives -- Board membership -- Appointment process (1) Upon the creation of a district, the fiscal court of each county in the district shall at once notify the Department for Libraries and Archives of the establishment of the district and shall forward to the department a copy of the petition required pursuant to KRS 173.470. The Department for Libraries and Archives shall then recommend to the county judge/executive of each county in the district the names of suitable persons from among the signers of the petition to be appointed to the board. The Department for Libraries and Archives in recommending persons to the county judge/executive for appointment to the board shall recommend twice as many persons for each county as the county is entitled to have members appointed, and the county judge/executive shall immediately, with the approval of the fiscal court, make the selection from those recommended unless t he fiscal court has adopted an alternative appointment process through the passage of a resolution. For fiscal courts that adopt an alternative appointment process, the county judge/executive: (a) 1. May immediately, with the approval of the fiscal court, make the selection from those recommended by the Department for Libraries and Archives; and 2. For any appointments the county judge/executive decides not to fill from the first recommendations, shall request the Department for Libraries and Archives to submit within thirty (30) days two (2) additional recommended persons for each unfilled appointment, and, with the approval of the fiscal court, may make the selection from those recommendations; and (b) For any remaining unfilled appointments after the prov isions of paragraph (a) of this subsection have been followed, shall appoint, with the approval of the fiscal court, individuals of his or her choosing, whether or not the individuals signed the petition, no later than thirty (30) days after the day the co unty judge/executive received the recommendations under paragraph (a)2. of this subsection and made no appointment therefrom. The county judge/executive shall notify the Department for Libraries and Archives of the name of any individual appointed in the manner set out in this paragraph. (2) Where the district consists of one (1) county, the county judge/executive shall appoint five (5) persons from that county as members. (3) Where the district consists of more than one (1) county, the Department for Libraries and Archives shall prescribe by regulation the number of board members, provided that the board shall consist of: (a) Not less than one (1) nor more than four (4) members from each county, each county having such number of members as the proportion of its population bears to the total population in the district; and (b) Not less than five (5) members. (4) Where a county joins an already established district: (a) The Department for Libraries and Archives shall, from among the signers of the petition, recommend to the county judge/executive of each county included in the new district for the first time twice as many persons for appointment to the board as the county is entitled to have appointed, and the county judge/executive shall select the members for the county from this list unless the fiscal court has adopted an alternative appointment process through the passage of a resolution. For fiscal courts that adopt an alternative appointment process, the county judge/executive: 1. a. May select the members for the county from those recommended by the Department for Libraries and Archives; and b. For any appointments the county judge/executive decides not to fill from the first recommendati ons, shall request the Department for Libraries and Archives to submit within thirty (30) days two (2) additional recommended persons for each unfilled appointment, and, with the approval of the fiscal court, may make the selection from those recommendatio ns; and 2. For any remaining unfilled appointments after the provisions of subparagraph 1. of this paragraph have been followed, shall appoint, with the approval of the fiscal court, individuals of his or her choosing, whether or not the individuals signed the petition, no later than thirty (30) days after the day the county judge/executive received the recommendations under subparagraph 1.b. of this paragraph and made no appointment therefrom. The county judge/executive shall notify the Department for Libraries and Archives of the name of any individual appointed in the manner set out in this subparagraph; and (b) The terms of the members of the counties composing the previously existing district shall expire immediately upon the organization of the new boa rd and such vacancies shall be filled as provided in KRS 173.490. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 221, sec. 1, effective January 1, 2023. -- Amended 1990 Ky. Acts ch. 58, sec. 3, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 218, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 18, sec. 15, effective July 15, 1980; and ch. 188, sec. 130, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) ch. 20, sec. 6, effective January 2, 1978. -- Created 1960 Ky. Acts ch. 114, sec. 4, effective June 16, 1960.

KRS 173.490 Terms of board members -- Appointment to fill vacancies -- Removal of members -- Advisory board -- Residency requirement

173.490. Terms of board members -- Appointment to fill vacancies -- Removal of members -- Advisory board -- Residency requirement (1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and one- third (1/3) for a term of four (4) years. Where the board consists of a number of members not divisible by three (3), one-third (1/3) of the next higher number divisible by three (3), shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years, and the remaining number shall serve for a term of four (4) years. Thereafter, as their terms expire, the board shall make recommendations on their successors, who shall be appointed as set out in paragraph (b) of this subsection. (b) 1. The board shall recommend two (2) persons committed to the provision of library services to the county judge/executive for each vacancy, unless the fiscal court has adopted an alternative appointment process through the passage of a resolution as set forth in subparagraph 2. of this paragraph. The county judge/executive shall within thirty (30) days, with the approval of the fiscal court, make the selection from those recommended unless the fiscal court has adopt ed an alternative appointment process. Within fourteen (14) days, the board shall notify the Department for Libraries and Archives of the name of any person appointed. 2. For fiscal courts that adopt an alternative appointment process through the passage of a resolution, the board shall recommend one (1) person committed to the provision of library services to the county judge/executive, who: a. May within thirty (30) days, with the approval of the fiscal court, make the selection from the person recommende d by the board; or b. Shall, if he or she determines that the person recommended by the board is unacceptable, appoint, with the approval of the fiscal court, individuals of his or her choosing no later than thirty (30) days after rejecting the board's recommendation. The board shall notify the Department for Libraries and Archives, within fourteen (14) days of the appointment, of the name of any individual appointed by the alternative appointment process. (c) Board members shall serve a term of four (4) ye ars each, and may serve for two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no earlier than twelve (12) months following the end of their last service. The members shall hold office until their respective successors are appointed and qualified. After absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee's term, the trustee shall be considered to have automatically resigned from the board. An advisory board may be appointed and serve as specified in the bylaws of the board of trustees. (2) Any vacancy occurring in the terms of office of members shall be filled for the unexpired term by the county judge/executive, with the approval of the fiscal court, by appointment on recommendation of the board of two (2) persons committed to the provision of library services and living in the county in which the vacancy occurred unless the fiscal court has adopted an alternative appointment process through the passage of a resolution. For fiscal courts that adopt an alternative appointment process, the board shall recommend one (1) person committed to the provision of library services and living in the county to the county judge/executive, who: (a) May within thirty (30) days, with the approval of the fiscal court, appoint the person recommended by the board; or (b) Shall, if he or she determines that the person recommended by the board is unacceptable, appoint, with the approval of the fiscal court, an individual of his or her choosing no later than thirty (30) days after rejecting the board's recommendation. Any person appointed in accordance with this subsection shall be committed to the provision of library services and living in the county in which the vacancy occurred. The board shall notify the Department for Libraries and Archives, within fourteen (14) days of the appointment, of the name of any individual appointed in the manner set out in this subsection. (3) A member of the board may be removed from office as provided by KRS 65.007. (4) Any person appointed to the board shall be committed to the provision of library services and living in the county in which the board operates. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 13, sec. 1, effective July 15, 2026. -- Amended 2022 Ky. Acts ch. 221, sec. 2, effective January 1, 2023. -- Amended 1990 Ky. Acts ch. 58, sec. 18, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 218, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 245, sec. 10, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 18, sec. 16, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 8, sec. 6; and ch. 74, Art. VIII, B, sec. 1. -- Created 1960 Ky. Acts ch. 114, sec. 5.

KRS 173.500 Board constitutes body corporate -- Name -- Officers -- Meetings -- Quorum

173.500. Board constitutes body corporate -- Name -- Officers -- Meetings -- Quorum Each board shall be a body corporate under the name and style of ".... Public Library District Board of Trustees." The members shall, as soon as possible after their appointment, organize by electing a president, a secretary, a treasurer, and other officers as deemed necessary, each to serve for a term of two (2) years and until a successor is elected and qualified. The board shall meet on a regularly scheduled basis once each month. A majority of the board shall constitute a quorum. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 4, effective July 13, 1990. -- Amended 1974 Ky. Acts ch. 8, sec. 7. -- Created 1960 Ky. Acts ch. 114, sec. 6, effective June 16, 1960.

KRS 173.510 Expenses -- Employment of relatives -- Conflict of interest

173.510. Expenses -- Employment of relatives -- Conflict of interest The members of the board shall not receive compensation for their services, but may be reimbursed for their actual expenses necessarily incurred in the performance of their duties, upon vouchers duly approved by the board, signed by the secretary and countersigned by the president. No board shall newly employ as a member of its library staff any member of the board or any person related closer than a second cousin to any member of the board. No person is eligible to this office who is directly or indirectly interested in the sale to the library of books, magazines, supplies, equipment, materials, insurance, or services for which library funds are expended. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 5, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 245, sec. 14, effective July 15, 1982. -- Created 1960 Ky. Acts ch. 114, sec. 7.

KRS 173.520 Duties, powers of board -- Approval by department – Approval of fiscal court, when needed

173.520. Duties, powers of board -- Approval by department – Approval of fiscal court, when needed (1) The board shall establish, equip, and maintain libraries or contract with existing libraries for the furnishing of library service for the district and do all things necessary to provide efficient library service. The board may also enter an agreement pursuant to KRS 65.210 to 65.300 for the provision of additional library service. No district shall establish a library unless the plans for the establ ishment, equipment, and maintenance have been approved by the Department for Libraries and Archives. No contract shall be made unless the libraries contracting to furnish service are libraries approved by the Department for Libraries and Archives for this purpose. (2) The district, as a body corporate, by and through the board may: (a) Sue and be sued, complain and defend, purchase, or lease grounds, purchase, lease, occupy or erect appropriate buildings for the use of the district libraries and their branches, lease or build to lease appropriate buildings for use by educational institutions, sell and convey real and personal property for and on behalf of the district, receive gifts of real and personal property for the use and benefit of the district, the same when accepted to be held and controlled by the board according to the terms of the deed, gift, devise or bequest of such property; (b) Borrow money on the credit of the board in anticipation of the revenue to be derived from taxes levied by the district for the fiscal year in which the money is borrowed, and to pledge the taxes levied for the district for the payment of the principal and interest of the loan. The principal shall not exceed fifty percent (50%) of the anticipated revenue for the fiscal ye ar in which the money is borrowed; (c) Establish bylaws it deems necessary and expedient to define the duties of officers or employees and make all necessary policies governing libraries, library service and personnel within the district. (3) (a) The following requires the majority vote of the board members and approval of the fiscal court: 1. Leasing appropriate buildings for use by educational institutions; 2. Constructing appropriate buildings for use by e ducational institutions; and 3. The approval of expenditures for capital projects with a total cost that is equal to or greater than one million dollars ($1,000,000). This subparagraph does not apply to awards made from the public library facilities construction fund under KRS 171.027 that were made before January 1, 2023. (b) Buildings for use by educational institutions shall be deemed appropriate buildings for purposes of this subsection and subsection (2) of this section when the building meets the school building requirements established by the Kentucky Board of Education. (4) The board in exercise of its powers shall be guided by the regulations and requirements of the Department for Libraries and Archives. (5) The powers set forth in this section shall not be construed to limit, restrict or modify any powers or authority granted by any other part of KRS 173.450 to 173.650 or any other law not in conflict with the provisions of this section. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 221, sec. 3, effective January 1, 2023. -- Amended 1990 Ky. Acts ch. 58, sec. 6, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 245, sec. 12, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 241, sec. 6. -- Created 1960 Ky. Acts ch. 114, sec. 8, effective June 16, 1960.

KRS 173.530 Library director and staff

173.530. Library director and staff The board shall employ a library director and upon that person's recommendation may employ other staff as it deems necessary. The library director and staff shall be certified in accordance with the provisions of KRS 171.240 to 171.300. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 7, effective July 13, 1990. -- Created 1960 Ky. Acts ch. 114, sec. 9, effective June 16, 1960.

KRS 173.540 Duties of treasurer of board -- Bond

173.540. Duties of treasurer of board -- Bond The treasurer of the board shall: (1) Have the custody of all money, securities, and obligations belonging to that district, and shall disburse money only for the uses and purposes of the district and in the manner prescribed by the bylaws on itemized vouchers allowed by the board, signed by the secretary and countersigned by the president; (2) Keep a full and accurate account of all receipts and payments in the manner directed by the bylaws, and such other accounts as the board prescribes; (3) Render statements of accounts of the several books, funds, and property of the library whenever required by the board; (4) Have all accounts and records for the fiscal year fully made up and present the same to the board within ninety (90) days following the close of that fiscal year; (5) Give bond to the Commonwealth for the faithful performance of those duties, in the sum and form and with the sureties approved by the board. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 8, effective July 13, 1990. -- Created 1960 Ky. Acts ch. 114, sec. 10, effective June 16, 1960.

KRS 173.550 Records to be kept open

173.550. Records to be kept open Every district established under KRS 173.450 to 173.650 shall at all reasonable times keep open for the inspection of the Auditor of Public Accounts all of its records and books of accounts. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 114, sec. 11, effective June 16, 1960.

KRS 173.560 Fiscal year

173.560. Fiscal year The fiscal year of a district shall commence July 1st and close on June 30th. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 114, sec. 12, effective June 16, 1960.

KRS 173.570 Report required -- Contents -- Compliance with KRS 65A.010 to 65A.090

173.570. Report required -- Contents -- Compliance with KRS 65A.010 to 65A.090 (1) Within sixty (60) days after the close of each fiscal year the board shall make a written report to the Department for Libraries and Archives. A copy of this report shall be filed with the county clerk of each county within the district. The report shall contain: (a) A statement of the property acquired by devise, bequest, purchase, gift or otherwise during the fiscal year; (b) A statement of the character of library service furnished to the district during the fiscal year; and (c) Any other statistics or information requested by the Department for Libraries and Archives. (2) The board shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Amended 2013 Ky. Acts ch. 40, sec. 60, effective March 21, 2013. -- Created 1960 Ky. Acts ch. 114, sec. 13, effective June 16, 1960.

KRS 173.580 Attorney -- Compensation

173.580. Attorney -- Compensation (1) The board may, in its discretion, employ or retain a regularly licensed attorney to advise them on all matters pertaining to their duties and shall have the discretion to delegate such authority to said attorney not forbidden by law. (2) The board may fix the salary or compensation of the attorney provided for in subsection (1) of this section, in its discretion. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 9, effective July 13, 1990. -- Created 1960 Ky. Acts ch. 114, sec. 14, effective June 16, 1960.

KRS 173.590 Repealed, 1982

173.590. Repealed, 1982 Catchline at repeal: Workshop attendance. History: Repealed 1982 Ky. Acts ch. 245, sec. 18, effective July 15, 1982. -- Created 1960 Ky. Acts ch. 114, sec. 15, effective June 16, 1960.

KRS 173.600 Revenue bonds

173.600. Revenue bonds Public library districts may, in addition to all other methods provided by law, acquire, construct, and improve library facilities through the issuance of revenue bonds under the terms and provisions of KRS 58.010 to 58.140. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 114, sec. 16, effective June 16, 1960.

KRS 173.610 Tax rate change prohibited except by vote of people -- Procedure -- Limitation

173.610. Tax rate change prohibited except by vote of people -- Procedure -- Limitation (1) The special ad valorem tax rate for the maintenance and operation of a public library district created pursuant to KRS 173.470 before July 13, 1984, may be increased or decreased by submission to the voters of the district at a general election and approved by a majority of the votes cast on the issue. The board or any one hundred (100) qualified voters residing within the district may file a duly certified copy of a resolution or petition with the clerk of each county within the district and the county clerk shall certify whether the petition is sufficient not later than the second Tuesday in August prior to the election and the clerk shall thereupon cause the question to be prepared to be presented to the voters in substantially the following form: "Are you in favor of increasing (or decreasing) from (insert amount) cents to (insert amount) cents on each one hundred dollars ($100) of the assessed valuation of all property in the (insert name of public library district) public library district the maximum tax which the district can impose for the maintenance and operation of (insert name of district) public library district?" (2) Any increase provided for in subsection (1) or (3) of this section shall not exceed twenty cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all property in the district. (3) The special ad valorem tax rate for the maintenance and operation of a public library district created pursuant to KRS 173.470 before July 13, 1984, may be increased or decreased by the procedure in KRS 173.790. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 63, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 100, sec. 13, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 360, sec. 53, effective July 15, 1982. -- Amended 1972 Ky. Acts ch. 223, sec. 8. - - Created 1960 Ky. Acts ch. 114, sec. 17, effective June 16, 1960. Legislative Research Commission Note Although this section was included in 1982 Ky. Acts ch. 245, sec. 16, the change in this section was deleted in the House Committee Substitute adopted by the General Assembly.

KRS 173.620 Annexation -- Procedure

173.620. Annexation -- Procedure Counties outside of any existing district, and contiguous thereto, may be annexed to the district in the following manner: (1) Upon filing with the fiscal court of a duly certified petition of one hundred (100) or more qualified voters residing within each county proposed to be annexed, the fiscal court of each county in the district and each county proposed to be annexed shall adopt a resolution submitting to the qualified voters of the county the question as to whether the territory should be annexed. A certified copy of the order of the fiscal court shall be filed with the county clerk not later than the second Tuesday in August prior to the next general election and thereupon the county clerk shall cause the question to be placed before the voters. (2) The question shall be in substantially the following form: "Are you in favor of annexing the following described territory (here describe the territory) to the (name district) Public Library District?" (3) If the majority of those voting in each county on the question favor the annexation of the territory it shall be so annexed. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 64, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 360, sec. 54, effective July 15, 1982. -- Created 1960 Ky. Acts ch. 114, sec. 18, effective June 16, 1960.

KRS 173.630 Dissolution -- Procedure

173.630. Dissolution -- Procedure A library district established pursuant to KRS 173.470 which has been in existence for at least three (3) years may be dissolved in the following manner: (1) Upon filing of a duly-certified petition of ten percent (10%) or more of the qualified voters in the district or one hundred (100) or more qualified voters in the district, whichever is more, the fiscal court of each county in the district shall adopt a resolution submitting to the qualified voters of the district the question as to whether the district shall be dissolved. A certified copy of the order of each fiscal court shall be filed with the county clerk not later than the second Tuesday in August prior to the next regular election and thereupon the clerk shall cause the question to be placed before the voters; (2) The question shall be in substantially the following form: "Are you in favor of dissolving the (insert name of district) Public Library District?"; and (3) If a majority of those voting on the question within the district favor the dissolution such district shall thereupon be dissolved. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 65, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 245, sec. 17, effective July 15, 1982; and ch. 360, sec. 55, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 297, effective June 17, 1978. -- Created 1960 Ky. Acts ch. 114, sec. 19, effective June 16, 1960.

KRS 173.640 Conduct of elections

173.640. Conduct of elections All elections authorized by KRS 173.450 to 173.650 shall be held and conducted in all respects under the general election laws obtaining in this Commonwealth at the time of the election. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 114, sec. 20, effective June 16, 1960.

KRS 173.650 Certification of election results

173.650. Certification of election results The results of the election in each county shall be certified by the county election commissioners to the county judge/executive in each county. When more than one (1) county is involved the county judges/executive shall certify the results in their respective counties to the county judge/executive of the county having the largest voting population. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Created 1960 Ky. Acts ch. 114, sec. 21, effective June 16, 1960.

KRS 173.710 Definitions for KRS 173.710 to 173.800

173.710. Definitions for KRS 173.710 to 173.800 (1) "District" means "public library district"; (2) "Board" means the board of trustees of a public library district. History: Amended 1972 Ky. Acts ch. 223, sec. 9. -- Created 1964 Ky. Acts ch. 92, sec. 1.

KRS 173.715 County or counties may become library district

173.715. County or counties may become library district All of the territory in a county, or in two (2) or more counties contiguous to each other may be organized into a public library district for the purpose of levying a tax to pay for establishing, equipping, maintaining and administering libraries, or for contracting for library service from any existing library. History: Created 1964 Ky. Acts ch. 92, sec. 2.

KRS 173.720 Organization of district -- Tax collection

173.720. Organization of district -- Tax collection (1) Districts organized pursuant to the provisions of this section prior to July 13, 1984, shall be governed by the provisions of KRS 173.710 to 173.800. (2) All special ad valorem taxes authorized by KRS 173.710 to 173.800 shall be collected in the same manner as are other county ad valorem taxes in each county affected and shall be turned over to the board as the governing body of the district. The special ad valorem tax shall be in addition to all other ad valorem taxes. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 100, sec. 14, effective July 13, 1984. --Amended 1978 Ky. Acts ch. 384, sec. 298, effective June 17, 1978. -- Created 1964 Ky. Acts ch. 92, sec. 3.

KRS 173.725 Library board -- Members, number, appointment

173.725. Library board -- Members, number, appointment (1) Upon the creation of a district, the fiscal court of each county in the district shall at once notify the Department for Libraries and Archives of the establishment of the district and shall forward to the department a copy of the petition required pursuan t to KRS 173.720. The Department for Libraries and Archives shall then recommend to the county judge/executive of each county in the district the names of suitable persons from among the signers of the petition to be appointed to the board. The Department for Libraries and Archives in recommending persons to the county judge/executive for appointment to the board shall recommend twice as many persons for each county as the county is entitled to have members appointed, and the county judge/executive shall, with the approval of the fiscal court, immediately make the selection from those recommended unless the fiscal court has adopted an alternative appointment process through the passage of a resolution. For fiscal courts that adopt an alternative appointment process, the county judge/executive: (a) 1. May immediately, with the approval of the fiscal court, make the selection from those recommended by the Department for Libraries and Archives; and 2. For any appointments the county judge/executive decides not to fill from the first recommendations, shall request the Department for Libraries and Archives to submit within thirty (30) days two (2) additional recommended persons for each unfilled appointment, and, with the approval of the fiscal court, may make the selection from those recommendations; and (b) For any remaining unfilled appointments after the provisions of paragraph (a) of this subsection have been followed, shall appoint, with the approval of the fiscal court, individuals of his or her choosing, whether or not the individuals signed the petition, no later than thirty (30) days after the day the county judge/executive received the recommendations under paragraph (a)2. of this subsection and made no appointment therefrom. The county judge/executive shall notify the Department for Libraries and Archives of the name of any individual appointed in the manner set out in this paragraph. (2) Where the district consists of one (1) county, the county judge/executive shall appoint five (5) persons from that county as members. (3) Where the district consists of more than one (1) county, the Department for Libraries and Archives shall prescribe by regulation the number of board members, provided that the board shall consist of: (a) Not less than one (1) nor more than four (4) members from each county, each county having such number of members as the proportion of its population bears to the total population in the district; and (b) Not less than five (5) members. (4) Where a county joins an already established district: (a) The Department for Libraries and Archives shall, from among the signers of the petition, recommend to the county judge/executive of each county included in the new district for the first time twice as many persons for appointment to the board as the county is entitled to have appointed, and the county judge/executive shall select the members for the county from this list unless the fiscal court has adopted an alternative appointment process through the passage of a resolution. For fiscal courts that adopt an alternative appointment process, the county judge/executive: 1. a. May select the members for the county from those recommended by the Department for Libraries and Archives; and b. For any appointments the county judge/executive decides not to fill from the first recommendations, shall request the Department for Libraries and Archives to submit within thirty (30) days two (2) additional recommended persons for each unfilled appointment, and, with t he approval of the fiscal court, may make the selection from those recommendations; and 2. For any remaining unfilled appointments after the provisions of subparagraph 1. of this paragraph have been followed, shall appoint, with the approval of the fiscal court, individuals of his or her choosing, whether or not the individuals signed the petition, no later than thirty (30) days after the day the county judge/executive received the recommendations under subparagraph 1.b. of this paragraph and made no appointment therefrom. The county judge/executive shall notify the Department for Libraries and Archives of the name of any individual appointed in the manner set out in this subparagraph; and (b) The terms of the members of the counties composing the previously existing district shall expire immediately upon the organization of the new board and such vacancies shall be filled as provided in KRS 173.730. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 221, sec. 4, effective January 1, 2023. -- Amended 1990 Ky. Acts ch. 58, sec. 10, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 218, sec. 3, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 18, sec. 17, effective July 15, 1980; and ch. 167, sec. 3, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. - - Created 1964 Ky. Acts ch. 92, sec. 4.

KRS 173.730 Board members -- Terms -- Vacancies to be filled by persons recommended by the board -- Alternative appointment process -- Removal of members -- Advisory board -- Residency requirement

173.730. Board members -- Terms -- Vacancies to be filled by persons recommended by the board -- Alternative appointment process -- Removal of members -- Advisory board -- Residency requirement (1) (a) One-third (1/3) of the persons first appoint ed to the board shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and one- third (1/3) for a term of four (4) years. Where the board consists of a number of members not divisible by three (3), one-third (1/3) of the next higher number divisible by three (3), shall serve for a term of two (2) years, one -third (1/3) for a term of three (3) years and the remaining number shall serve for a term of four (4) years. Thereafter, as their terms expire, the board shall make recommendations on their successors, who shall be appointed as set out in paragraph (b) of this subsection. (b) 1. The board shall recommend two (2) persons committed to the provision of library services to the county judge/executive for each vacancy, unless the fiscal court has adopted an alternative appointment process through the passage of a resolution as set forth in this paragraph. The county judge/executive shall within thirty (30) days, with the approval of the fiscal court, make the selection from those r ecommended unless the fiscal court has adopted an alternative appointment process. Within fourteen (14) days, the board shall notify the Department for Libraries and Archives of the name of any person appointed. 2. For fiscal courts that adopt an alternative appointment process through the passage of a resolution, the board shall recommend one (1) person committed to the provision of library services to the county judge/executive, who: a. May within thirty (30) days, with the approval of the fiscal court, make the selection from the person recommended by the board; or b. Shall, if he or she determines that the person recommended by the board is unacceptable, appoint, with the approval of the fiscal court, individuals of his or her choosing no later than thir ty (30) days after rejecting the board's recommendation. The board shall notify the Department for Libraries and Archives, within fourteen (14) days of the appointment, of the name of any individual appointed by the alternative appointment process. (c) Board members shall serve a term of four (4) years each, and may serve for two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no earlier than twelve (12) months following the end of their last service. The members shall hold office until their respective successors are appointed and qualified. After absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee's term, the trustee shall be considered to have automati cally resigned from the board. An advisory board may be appointed and serve as specified in bylaws of the board of trustees. (2) Any vacancy occurring in the terms of office of members shall be filled for the unexpired term by the county judge/executive, with the approval of the fiscal court, by appointment on recommendation of the board of two (2) persons interested in the provision of library services and living in the county in which the vacancy occurred unless the fiscal court has adopted an alternative appointment process through the passage of a resolution. For fiscal courts that adopt an alternative appointment process, the board shall recommend one (1) person committed to the provision of library services and living in the county to the county judge/executive, who: (a) May within thirty (30) days, with the approval of the fiscal court, appoint the person recommended by the board; or (b) Shall, if he or she determines that the person recommended by the board is unacceptable, appoint, with the approval of the fiscal court, an individual of his or her choosing no later than thirty (30) days after rejecting the board's recommendation. Any person appointed in accordance with this subsection shall be committed to the provision of library services and living in the county in which the vacancy occurred. The board shall notify the Department for Libraries and Archives, within fourteen (14) days of the appointment, of the name of any individual appointed in the manner set out in this subsection. (3) A member of the board may be removed from office as provided by KRS 65.007. (4) Any person appointed to the board shall be committed to the provision of library services and living in the county in which the board operates. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 13, sec. 2, effective July 15, 2026. -- Amended 2022 Ky. Acts ch. 221, sec. 5, effective January 1, 2023. -- Amended 1990 Ky. Acts ch. 58, sec. 11, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 218, sec. 4, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 245, sec. 11, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 18, sec. 18, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 8, sec. 8; and ch. 74, Art. VIII, B, sec. 1. -- Created 1964 Ky. Acts ch. 92, sec. 5.

KRS 173.735 Corporate name -- Officers -- Meetings -- Quorum

173.735. Corporate name -- Officers -- Meetings -- Quorum Each board shall be a body corporate under the name and style of ".... Public Library District Board of Trustees." The members shall, as soon as possible after their appointment, organize by electing a president, a secretary, a treasurer, and other officers as deemed necessary each to serve for a term of two (2) years and until a successor is elected and qualified. The board shall meet on a regularly scheduled basis once each month. A majority of the board shall constitute a quorum. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 12, effective July 13, 1990. -- Amended 1974 Ky. Acts ch. 8, sec. 9. -- Created 1964 Ky. Acts ch. 92, sec. 6.

KRS 173.740 Expenses of board members -- Employment of relatives -- Conflict of interest

173.740. Expenses of board members -- Employment of relatives -- Conflict of interest The members of the board shall not receive compensation for their services, but may be reimbursed for their actual expenses necessarily incurred in the performance of their duties, upon vouchers duly approved by the board, signed by the secretary and countersigned by the president. No board shall newly employ as a member of its library staff any member of the board or any person related closer than a second cousin to any member of the board. No person is eligible to this office who is directly or indirectly interested in the sale to the library of books, magazines, supplies, equipment, materials, insurance, or services for which library funds are expended. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 13, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 245, sec. 15, effective July 15, 1982. -- Created 1964 Ky. Acts ch. 92, sec. 7.

KRS 173.745 Powers and duties of board – Approval of fiscal court, when needed

173.745. Powers and duties of board – Approval of fiscal court, when needed (1) The board shall establish, equip, and maintain libraries or contract with existing libraries for the furnishing of library service for the district and do all things necessary to provide efficient library service. The board may also enter an agreement pursuant to KRS 65.210 to 65.300 for the provision of additional library services. No district shall establish a library unless the plans for the establishment, equipment and maintenance have been approved by the Department for Libraries and Archives. No contract shall be made unless the libraries contracting to furnish service are libraries approved by the Department for Libraries and Archives for this purpose. (2) The district, as a body corporate, by and through the board may: (a) Sue and be sued, complain and defend, purchase, or lease grounds, purchase, lease, occupy or erect appropriate buildings for the use of the district libraries and their branches, lease or build to lease appropriate buildings for use by educational institutions, sell and convey real and personal property for and on behalf of the district, receive gifts of real and personal property for the use and benefit of the district, the same when accepted to be held and controlled by the board according to the terms of the deed, gift, devise or bequest of such property; (b) Borrow money on the credit of the board in anticipation of the revenue to be derived from taxes levied by the district for the fiscal year in which the money is borrowed, and to pledge the taxes levied for the district for the payment of the principal and interest of the loan. The principal to be repaid annually shall not exceed fifty percent (50%) of the anticipated revenue for the fiscal year in which the money is borrowed. (c) Establish bylaws it deems necessary and expedient to define the duties of officers or employees and make all necessary policies governing libraries, library service and personnel within the district. (3) (a) The following requires the majority vote of the board members and approval of the fiscal court: 1. Leasing appropriate buildings for use by educational institutions; 2. Constructing appropriate buildings for use by educational institutions; and 3. The approval of expenditures for capital projects with a total cost that is equal to or greater than one million dollars ($1,000,000). This subparagraph does not apply to awards made from the public library facilities construction fund under KRS 171.027 that were made before January 1, 2023. (b) Buildings for use by educational institutions shall be deemed appropriate buildings for purposes of this subsection and subsection (2) of this section when the building meets the school building requirements established by the Kentucky Board of Education. (4) The board in exercise of its powers shall be guided by the regulations and requirements of the Department for Libraries and Archives. (5) The powers set forth in this section shall not be construed to limit, restrict or modify any powers or authority granted by KRS 173.710 to 173.800 or any other law not in conflict with the provisions of this section. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 221, sec. 6, effective January 1, 2023. -- Amended 1990 Ky. Acts ch. 58, sec. 14, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 245, sec. 13, effective July 15, 1982. -- Created 1964 Ky. Acts ch. 92, sec. 8.

KRS 173.750 Library director and staff

173.750. Library director and staff The board shall employ a library director and upon that person's recommendation may employ other staff as it deems necessary. The library director and staff shall be certified in accordance with the provisions of KRS 171.240 to 171.300. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 15, effective July 13, 1990. -- Created 1964 Ky. Acts ch. 92, sec. 9.

KRS 173.755 Duties of treasurer of board -- Bond

173.755. Duties of treasurer of board -- Bond The treasurer of the board shall: (1) Have the custody of all money, securities, and obligations belonging to that district, and shall disburse money only for the uses and purposes of the district and in the manner prescribed by the bylaws on itemized vouchers allowed by the board, signed by the secretary and countersigned by the president; (2) Keep a full and accurate account of all receipts and payments in the manner directed by the bylaws, and such other accounts as the board prescribes; (3) Render statements of accounts of the several books, funds, and property of the library whenever required by the board; (4) Have all accounts and records for the fiscal year fully made up and present the same to the board within ninety (90) days following the close of that fiscal year; (5) Give bond to the Commonwealth for the faithful performance of those duties, in the sum and form and with the sureties approved by the board. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 16, effective July 13, 1990. -- Created 1964 Ky. Acts ch. 92, sec. 10.

KRS 173.760 Records open for state audit

173.760. Records open for state audit Every district established under KRS 173.710 to 173.800 shall at all reasonable times keep open for the inspection of the Auditor of Public Accounts all of its records and books of accounts. History: Created 1964 Ky. Acts ch. 92, sec. 11.

KRS 173.765 Fiscal year

173.765. Fiscal year The fiscal year of a district shall commence July 1 and close on June 30. History: Created 1964 Ky. Acts ch. 92, sec. 12.

KRS 173.770 Annual report -- Compliance with KRS 65A.010 to 65A.090

173.770. Annual report -- Compliance with KRS 65A.010 to 65A.090 (1) Within sixty (60) days after the close of each fiscal year, the board shall make a written report to the Department for Libraries and Archives. A copy of this report shall be filed with the county clerk of each county within the district. The report shall contain: (a) A statement of the property acquired by devise, bequests, purchase, gift, or otherwise during the fiscal year; (b) A statement of the character of library service furnished to the district during the fiscal year; and (c) Any other statistics or information requested by the Department for Libraries and Archives. (2) The board shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Amended 2013 Ky. Acts ch. 40, sec. 61, effective March 21, 2013. -- Created 1964 Ky. Acts ch. 92, sec. 13.

KRS 173.775 Attorney for board -- Employment -- Authority

173.775. Attorney for board -- Employment -- Authority (1) The board may, in its discretion, employ or retain a regularly licensed attorney to advise them on all matters pertaining to their duties and shall have the discretion to delegate such authority to said attorney not forbidden by law. (2) The board may fix the salary or compensation of the attorney provided for in subsection (1) of this section, in its discretion. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 58, sec. 17, effective July 13, 1990. -- Created 1964 Ky. Acts ch. 92, sec. 14.

KRS 173.780 Repealed, 1982

173.780. Repealed, 1982 Catchline at repeal: Attendance of librarians at meetings. History: Repealed 1982 Ky. Acts ch. 245, sec. 18, effective July 15, 1982. -- Created 1964 Ky. Acts ch. 92, sec. 15.

KRS 173.785 Revenue bonds may be issued

173.785. Revenue bonds may be issued Public library districts may, in addition to all other methods provided by law, acquire, construct, and improve library facilities through the issuance of revenue bonds under the terms and provisions of KRS 58.010 to 58.140. History: Created 1964 Ky. Acts ch. 92, sec. 16.

KRS 173.790 Increase or decrease in tax levy -- Procedure

173.790. Increase or decrease in tax levy -- Procedure (1) The special ad valorem tax rate for the maintenance and operation of a public library district created pursuant to KRS 173.710 to 173.800 before July 13, 1984, shall not be increased or decreased unless a duly certified petition requesting an increase or decrease in the tax rate of a specifically stated amount is signed by fifty- one percent (51%) of the number of duly qualified voters voting at the last general election in each county in the district. Such petition shall be filed with the fiscal court in each county in the district not later than ninety (90) days after the date of the first signature. The fiscal court shall order the court to increase or decrease the ad valorem tax, as stated in the petition. (a) The petition shall read, "The following duly qualified voters of (insert name of county or counties) hereby petition the fiscal court of each county concerned to increase (or decrease) the special ad valorem tax from (insert exact amount) to (insert exact amount) on each one hundred dollars ($100) worth of property assessed for local taxation in the district for the maintenance and operation of the (insert name) Public Library District." (b) The petition shall contain the following: The name and address of each petitioner and the date upon which he signed the petition. (2) Any increase provided for in subsection (1) of this section shall not exceed twenty cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all property in the district. (3) A petition requesting a decrease in the tax rate will not be considered of any legal effect if, at any time prior to the filing of such a petition for decrease, either: (a) Contractual obligations have been assumed by pertinent contracting authorities in connection with said subject library, which contractual obligations would be adversely affected by any such decrease; or (b) If, as of the time of filing of such a petition for decrease, the board of such district shall have arranged for the financing of a library in that district pursuant to a plan of financing involving a lease of that library to the board under which lease the board is not bound for more than one (1) year at a time without exercising an annual option to renew the lease and such lease remains effective and has not been terminated; or (c) If less than three (3) years have passed since the certified copy of the order of the fiscal court ordering the levy of the tax was filed with the county clerk. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 100, sec. 16, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 299, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 223, sec. 10. -- Amended 1970 Ky. Acts ch. 241, sec. 7. -- Created 1964 Ky. Acts ch. 92, sec. 17.

KRS 173.795 Annexation of counties to district

173.795. Annexation of counties to district Counties outside of any existing district, and contiguous thereto, may be annexed to the district in the following manner: (1) Upon filing with the fiscal court of a duly certified petition of fifty-one percent (51%) of the duly qualified voters voting at the last general election, the fiscal court of each county in the district and each county proposed to be annexed shall adopt a resolution annexing the territory to the district. A certified copy of the order of the fiscal court shall be filed with the county clerk within the next thirty (30) days. (2) The petition shall be in substantially the following form: "The following duly qualified voters of (insert name of county or counties) petition their respective fiscal courts to annex the following described territory (here describe the territory) to the (name district) public library district with the authority to levy an ad valorem tax of (state exact amount) on each one hundred dollars ($100) worth of property subject to local taxation in the above stated territory." History: Created 1964 Ky. Acts ch. 92, sec. 18.

KRS 173.800 Procedure for dissolution of district

173.800. Procedure for dissolution of district A district may be dissolved in the following manner: (1) Upon filing of a duly-certified petition of fifty-one percent (51%) of the number of qualified voters who voted in the last general election in the district, the fiscal court of each county in the district shall adopt a resolution to dissolve a library district. (2) The petition shall be in substantially the following form: "The following qualified voters in (insert name of county or counties) favor dissolving the (insert name of district) Public Library District." It shall be presented to the fiscal court within ninety (90) days after having been signed by the first petitioner. (3) A certified copy of the order of the fiscal court shall be filed with the county clerk. (4) The county clerk or clerks in the district will thereupon remove the tax levy from the tax bills of the property owners of the district and the district shall be dissolved. (5) A petition for dissolution will not be considered of any legal effect if, at any time prior to the filing of such a petition for dissolution, either: (a) Contractual obligations have been assumed by pertinent contracting parties in connection with said subject library, which contractual obligations would be adversely affected by any such dissolution; or (b) If, as of the time of filing of such a petition for dissolution, the board of such district shall have arranged for the financing of a library in that district pursuant to a plan of financing involving a lease of that library to the board under which lease the board is not bound for more than one (1) year at a time without exercising an annual option to renew the lease and such lease remains effective and has not been terminated; or (c) If less than three (3) years have passed since the certified copy of the order of the fiscal court ordering the levy of the tax was filed with the county clerk. (6) After all contractual obligations, existing prior to the time of the attempted filing of such petition for dissolution, have been satisfied, then, at such time, a petition for dissolution may be effectively filed under this section, provided that other provisions of this section are complied with. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 300, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 223, sec. 11. -- Amended 1970 Ky. Acts ch. 241, sec. 8. -- Amended 1966 Ky. Acts ch. 154, sec. 1. -- Created 1964 Ky. Acts ch. 92, sec. 19.

KRS 173.810 Repealed, 2018

173.810. Repealed, 2018 Catchline at repeal: State Advisory Council on Libraries. History: Repealed 2018 Ky. Acts ch. 176, sec. 9, effective July 14, 2018. -- Amended 2009 Ky. Acts ch. 11, sec. 58, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 65, sec. 3, effective June 26, 2007. -- Amended 1994 Ky. Acts ch. 405, sec. 34, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 288, sec. 2, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 154, sec. 14, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 367, sec. 1.

KRS 173.850 Definitions for KRS 173.860 and 173.870

173.850. Definitions for KRS 173.860 and 173.870 Unless the context otherwise requires: (1) "State librarian" means the state librarian as defined in KRS 171.130; (2) "Governmental unit" means any county or city or urban-county government or other agency or instrumentality which is authorized by Kentucky Revised Statutes to levy and collect taxes for public purposes; and (3) "Qualifying library" means any free public library supported in whole or in part with money derived from taxation, and governed by a board as provided for in KRS 173.040, 173.340, 173.500 or 173.725, which is located in any county containing a city of the first class, a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, an urban- county government, or any county in which there are no incorporated areas. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 245, effective January 1, 2015. -- Amended 1988 Ky. Acts ch. 327, sec. 8, effective July 15, 1988. -- Created 1980 Ky. Acts ch. 383, sec. 1, effective July 15, 1980.

KRS 173.860 Urban libraries fund -- Source of money

173.860. Urban libraries fund -- Source of money There is hereby created the urban libraries fund for distribution to qualifying libraries as defined by KRS 173.850. The fund shall be administered pursuant to the provisions of KRS 173.870. The fund shall consist of such sums as are appropriated by the General Assembly, and any grants, gifts, legacies, devises, or other funds or property from any available source, public or private. The receipt, control, and expenditure of funds shall be subject to the general provisions of KRS Chapters 41 to 47, governing financial administration of state agencies. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 246, effective January 1, 2015. -- Amended 2002 Ky. Acts ch. 346, sec. 181, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 327, sec. 9, effective July 15, 1988. -- Created 1980 Ky. Acts ch. 383, sec. 2, effective July 15, 1980.

KRS 173.870 Allocation of funds

173.870. Allocation of funds The state librarian shall annually on September 1 cause the State Treasurer to pay to each qualifying library out of the urban libraries fund, to the extent that funds are available, the sums computed as follows: (1) The sum of twenty-five cents ($0.25) for each resident of the county containing a qualifying library based on the then current census of such county supplied by the Bureau of Census, United States Department of Commerce; and (2) The remainder of available funds shall be divided equally between each qualifying library as defined by KRS 173.850. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 247, effective January 1, 2015. -- Amended 1988 Ky. Acts ch. 237, sec. 10, effective July 15, 1988. -- Created 1980 Ky. Acts ch. 383, sec. 3, effective July 15, 1980.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37964Fetched: 10/20/2026