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LIBRARIES

K.S.A. ch. 12, art. 12
in effect

K.S.A. 12-12,100 Library district; powers.

12-12,100. Library district; powers. The Eudora community library district shall constitute a body corporate and politic and shall have the power to: (a) Enter into contracts; (b) sue, and be sued; (c) acquire, hold and convey real and personal property; (d) make and adopt rules and regulations for the administration of the library district; (e) lease a site or sites and to lease a building or buildings for library purposes; (f) acquire material and equipment deemed necessary by the library district board for the maintenance and extension of modern library service; (g) employ one or more librarians and such other employees as the library district board deems necessary; (h) establish and maintain a library and traveling library service within the library district or within any other municipality with which service contract arrangements have been made; (i) contract with other libraries or the governing body of a municipality for the furnishing of library service to the residents of the municipality and contract with any school board to furnish library service to any school library or to use the library facilities of the public school to supplement the facilities of the public library; (j) receive, accept and administer any moneys appropriated or granted to it by the state or the federal government; (k) receive and accept any gift or donation to the library district and administer the same in accordance with any provisions thereof; and (l) make annual reports to the state librarian, on or before January 31 of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control and showing such statistical information relating to library materials acquired and on hand, number of library users, library services available and other information of general interest as the governing body requires. L. 2019, ch. 12, § 7; April 11.

K.S.A. 12-12,101 Use of library facilities by district residents; nonresidents, charge.

12-12,101. Use of library facilities by district residents; nonresidents, charge. (a) The library facilities shall be free for the use of the residents of the library district, subject to such reasonable rules and regulations as the library district board may adopt. The library district board may exclude from the use of a library any and all persons who shall willfully violate its rules. (b) The library district board may extend the use and privilege of the library to nonresidents of the library district, charge nonresidents a reasonable fee therefor, and make exchanges of books with any other library upon such terms and conditions as the library district board may prescribe. L. 2019, ch. 12, § 8; April 11.

K.S.A. 12-12,102 Library district bonds; election.

12-12,102. Library district bonds; election. (a) The library district board may issue general obligation bonds of the library district for the purpose of paying the cost of constructing, reconstructing, repairing, remodeling, furnishing and equipping any library building or additions thereto, including any sites therefor. Bonds issued pursuant to this section shall not be subject to or within any bonded debt limit of the city of Eudora or Eudora township. The library district may levy a tax sufficient to pay the principal and interest on such bonds. (b) The question of issuing general obligation bonds shall be submitted to the qualified electors of the library district. The election shall be called and held, and the bonds issued in accordance with the provisions of the general bond law. An election may be conducted pursuant to the mail ballot election act, K.S.A. 25-431 et seq., and amendments thereto. If a majority of persons eligible to vote approve the bond issue proposition, the bonds may be issued. (c) The bonds shall not be considered a debt obligation of the city of Eudora or the Eudora township. L. 2019, ch. 12, § 9; April 11.

K.S.A. 12-12,103 Annual budget, tax levy; protest petition, election.

12-12,103. Annual budget, tax levy; protest petition, election. (a) The library district board shall prepare and publish an annual budget for the maintenance and support of the library. (b) The board is authorized to levy a tax of not to exceed 5 mills on all tangible property in the library district to fund the budget as determined by the library district board. The tax shall be levied and collected in like manner as other taxes and shall be kept by the library district in a separate fund to be known as the library fund of the library district. The tax levy shall not be considered a tax levy of the city of Eudora or the Eudora township. (c) The board of the library district shall have the authority to increase the mill levy authorized by subsection (b) on each dollar assessed tangible valuation for the property of the library district for the acquisition, maintenance and support of a free public library by adoption of a resolution. Such resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation in the county. If within 30 days after the last publication of the resolution, a petition signed by not less than 5% of the qualified electors in the library district is filed in the office of the county election officer requesting an election on the mill levy increase from the prior year, no increase levy shall be made unless the question is submitted to and approved by a majority of the voters of the library district voting at an election. The election shall be called and held in the manner provided under the general bond law. If the question is approved, the levy shall be certified and placed on the tax rolls. L. 2019, ch. 12, § 10; April 11.

K.S.A. 12-12,104 Definitions.

12-12,104. Definitions. When used in this act and unless otherwise specifically provided therein: (a) "Board of education" means the board of education of unified school district No. 470; (b) "city" means the city of Arkansas city, Kansas; (c) "county" means Cowley county; (d) "library" means a library that serves the general public and is supported in whole or in part with tax moneys and shall be called the Arkansas city area library district; (e) "library district" means all territory located within the boundaries of unified school district No. 470; and (f) "library district board" means the library district board of trustees appointed pursuant to the provisions of this act. L. 2024, ch. 107, § 1; July 1.

K.S.A. 12-12,105 Procedure to create district; transfer of assets and liabilities.

12-12,105. Procedure to create district; transfer of assets and liabilities. (a) The board of trustees of the Arkansas city public library may adopt a resolution proposing to create a library district and stating the proposed tax levy amount for the library district. Copies of the resolutions shall be filed with the county election officer, who shall call and hold an election thereon in the manner provided by the general bond law. (b) If a majority of the qualified electors of the proposed library district vote in favor of the proposition: (1) A library district shall be established and maintained, and a library district board shall be appointed as provided in this act; (2) all contracts entered into by the Arkansas city public library shall be binding on the library district board appointed pursuant to K.S.A. 2025 Supp. 12-12,106 , and amendments thereto; and (3) all outstanding bonds, debts and other obligations of the Arkansas city public library shall become an obligation of the Arkansas city area library district, except that all bonds and debts relating to the ownership or improvement of the real property on which the Arkansas city public library operates shall remain an obligation of the city of Arkansas city, Kansas. L. 2024, ch. 107, § 2; July 1.

K.S.A. 12-12,106 Governing body of district; appointment; term; vacancies; payment of actual expenses of members for attendance at meetings.

12-12,106. Governing body of district; appointment; term; vacancies; payment of actual expenses of members for attendance at meetings. (a) Any library district created pursuant to the provisions of this act shall be governed by a board of trustees. The board shall consist of seven members. Each member shall be a resident of the library district. Four members shall be appointed by the governing body of the city of Arkansas city with one such member residing outside the city. Three members shall be appointed by the board of education and shall reside outside the city of Arkansas city. (b) Members of the board of directors of the Arkansas city public library serving prior to the election creating the library district shall remain on the board until the expiration of the term for which the member was originally appointed. Such members shall be eligible for reappointment. (c) Members of the library district board shall be appointed for a term of four years and until their successors are appointed and qualified. No person who has been appointed for two consecutive four-year terms to the library board shall be eligible for further appointment to the library board until one year after the expiration of the second term. Vacancies on the library district board shall be filled by appointment for the unexpired term. (d) Members of the library district board shall receive no compensation but shall be paid their actual and necessary expenses in attending meetings and in carrying out their duties as members of the board. L. 2024, ch. 107, § 3; July 1.

K.S.A. 12-12,107 Organization of board; officers; meetings; treasurer's bond; treasurer's reports.

12-12,107. Organization of board; officers; meetings; treasurer's bond; treasurer's reports. (a) Each year, the members of the library district board shall meet and organize by the election of a chairperson, a secretary, a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meetings, and special meetings may be called by the chairperson or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purpose for which called, unless waived, shall be given to each member of the board at least two days in advance of such meeting, and no business other than business stated in the notice shall be transacted at such meeting. (b) The treasurer of the library district board shall give bond in an amount fixed by the library district board and approved by the board of education. The bond shall be filed with the county clerk. (c) The county treasurer shall pay over to the treasurer of the library district board all funds collected for the maintenance and support of the library district, and the treasurer of the library district board shall pay out the funds on orders of the board signed by the secretary and chairperson. Such treasurer shall keep an accurate record of all moneys received and disbursed and make a report to the library board monthly, or as often as the board requires. L. 2024, ch. 107, § 4; July 1.

K.S.A. 12-12,108 Use of library; rules and regulations.

12-12,108. Use of library; rules and regulations. The library shall be free for the use of the residents of the library district, subject to reasonable rules and regulations as the library district board may adopt. The library district board may exclude from the use of the library any person who shall willfully violate such rules. The library district board may extend the use and privilege of such library to nonresidents of the district, charge nonresidents a reasonable fee and make exchanges of books with any other library upon such terms and conditions as the library district board may prescribe. L. 2024, ch. 107, § 5; July 1.

K.S.A. 12-12,109 Powers and duties of board.

12-12,109. Powers and duties of board. The library district board shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes and may contract, sue and be sued and acquire, hold and convey real and personal property in accordance with law. Further, the board shall have the power to: (a) Make and adopt rules and regulations for the administration of the library; (b) purchase or lease a site or sites and to lease or to erect a building or buildings for the use of the library; (c) acquire by purchase, gift or exchange any books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph records and other materials and equipment deemed necessary by the board for the maintenance and extension of modern library services; (d) employ a librarian and such other employees as the board deems necessary, to remove such employees and to fix their compensation; (e) establish and maintain a library or libraries and traveling library services within the district or within any other municipality with which service contract arrangements have been made; (f) contract with other libraries or with the governing body of a municipality for the furnishing of library services to the inhabitants of such municipality to the extent and upon such terms as may be agreed upon and to contract with any school board to furnish library services to any school library or to use the library facilities of the public school to supplement the facilities of the public library; (g) receive, accept and administer any moneys appropriated or granted to it by the state or the federal government or any agency or subdivision thereof for the purpose of aiding or providing library services; (h) receive and accept any gift or donation to the library and administer the same in accordance with any provisions thereof. If no provisions are specified, the board shall have the power to hold, invest or reinvest the gift and any dividends, interest, rent or income derived from the gift in the manner the board deems will best serve the interests of the library; (i) receive and accept any grant, gift, donation or appropriated or other funds from the United States government, or its agencies, or any other source whatsoever for the purposes of the library district established under this act; (j) make annual reports to the state librarian and the governing body of the board of education each year for the preceding calendar year showing receipts and disbursements from all funds under its control and showing such statistical information relating to library materials acquired and on hand, number of library users, library services available and other information of general interest as the governing body requires; and (k) place moneys received from sources other than a tax levy for library purposes in a separate fund or funds or in the fund to which the tax levy moneys are credited, unless the grantor or donor directs how and for what purpose the money shall be spent. L. 2024, ch. 107, § 6; July 1.

K.S.A. 12-12,110 Annual budget; tax levy to support library; procedure to increase levy; financial record audit; participation in south central Kansas library system.

12-12,110. Annual budget; tax levy to support library; procedure to increase levy; financial record audit; participation in south central Kansas library system. (a) The library district board shall prepare an annual budget for the maintenance, support and operation of the library. Prior to the certification of its budget to the board of education, the library district board shall meet for the purpose of answering and hearing objections of taxpayers relating to the proposed budget and for the purpose of considering amendments to such proposed budget. The library district board shall give at least 10 days' notice of the time and place of the meeting by publication in a weekly or daily newspaper having general circulation in the taxing district. Such notice shall include the proposed budget and shall set out all essential items in the budget. The public hearing required to be held shall be held not less than 10 days prior to the date on which the library board is required to certify its budget to the board of education. After such hearing, the budget shall be adopted or amended and adopted by the library district board by passage of a resolution. A copy of the budget shall be filed with the clerk of the board of education and the Cowley county clerk. (b) Any resolution adopted under subsection (a) shall state the total amount of the tax to be levied for the library district by the board of education. The resolution shall be published once each week for two consecutive weeks in the official newspaper of the taxing district. Such tax levy shall be levied on behalf of the library district by the board of education. (c) Such tax levy amount may be levied in each successive budget year unless a petition requesting an election upon the proposition to increase the tax levy in excess of the current tax levy, signed by at least 5% of the qualified voters of the taxing district, is filed with the county election officer within 30 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and approved by a majority of the voters of the taxing district voting at an election. (d) Any such election shall be called and held in the manner provided by the general bond law, and the cost of the election shall be paid by the library district board. Such taxes shall be levied and collected in like manner as other taxes, and the board of education shall certify such levy to the county clerk, who is hereby authorized to levy tax on behalf of the library district. (e) The tax levy provided in this section shall not be considered to be a tax levy of the board of education. (f) All financial records of the library board shall be audited as provided in K.S.A. 75- 1122, and amendments thereto, and a copy of such annual audit report shall be filed with the board of education and with the Cowley county clerk. The cost of each audit shall be paid by the library district board. (g) Notwithstanding any other provision of law, upon the date the tax levy provided for in this act takes effect, no tax levy on land within the library district created by this act shall be imposed for any subsequent calendar year to support a regional system of cooperating libraries. On such date, the Arkansas city public library shall cease to be a participating library in the south central Kansas library system. Such library district may submit a petition to join the south central Kansas library system as a participating library. L. 2024, ch. 107, § 7; July 1.

K.S.A. 12-12,111 Citation of act.

12-12,111. Citation of act. K.S.A. 2025 Supp. 12-12,104 through 12-12,111, and amendments thereto, shall be known and may be cited as the Arkansas city area public library district act. L. 2024, ch. 107, § 8; July 1.

K.S.A. 12-12,112 Definitions.

12-12,112. Definitions. When used in this act and unless otherwise specifically provided therein: (a) "Board of education" means the board of education of unified school district No. 463; (b) "city" means the city of Udall, Kansas; (c) "county" means Cowley county; (d) "library" means a library that serves the general public and is supported in whole or in part with tax moneys and shall be called the Udall area public district library; (e) "library district" means all territory located within the boundaries of unified school district No. 463; and (f) "library district board" means the library district board of trustees appointed pursuant to the provisions of this act. L. 2024, ch. 107, § 9; July 1.

K.S.A. 12-12,113 Procedure to create district; transfer of assets and liabilities.

12-12,113. Procedure to create district; transfer of assets and liabilities. (a) The board of trustees of the Udall public library may adopt a resolution proposing to create a library district and stating the proposed tax levy amount for the library district. Copies of the resolutions shall be filed with the county election officer, who shall call and hold an election thereon. Such election shall be called and held in the manner provided by the general bond law. (b) If a majority of the qualified electors of the proposed library district vote in favor of the proposition: (1) A library district shall be established and maintained, and a library district board shall be appointed as provided in this act; (2) all contracts entered into by Udall public library shall be binding on the library district board appointed pursuant to K.S.A. 2025 Supp. 12-12,114 , and amendments thereto; and (3) all outstanding bonds, debts and other obligations of the Udall public library shall become an obligation of the Udall area library district, except that all bonds and debts relating to the ownership or improvement of the real property on which the Udall public library operates shall remain an obligation of the city of Udall, Kansas. L. 2024, ch. 107, § 10; July 1.

K.S.A. 12-12,114 Governing body of district; appointment; term; vacancies; payment of actual expenses of members for attendance at meetings.

12-12,114. Governing body of district; appointment; term; vacancies; payment of actual expenses of members for attendance at meetings. (a) Any library district created pursuant to the provisions of this act shall be governed by a board of trustees. The board shall consist of seven members. Each member shall be a resident of the library district. Four members shall be appointed by the governing body of the city of Udall with one such member residing outside the city. Three members shall be appointed by the board of education and shall reside outside the city of Udall. (b) Members of the board of directors of the Udall public library serving prior to the election creating the library district shall remain on the board until the expiration of the term for which the member was originally appointed. Such members shall be eligible for reappointment. (c) Members of the library district board shall be appointed for a term of four years and until their successors are appointed and qualified. No person who has been appointed for two consecutive four-year terms to the library board shall be eligible for further appointment to the library board until one year after the expiration of the second term. Vacancies on the library district board shall be filled by appointment for the unexpired term. (d) Members of the library district board shall receive no compensation but shall be paid their actual and necessary expenses in attending meetings and in carrying out their duties as members of the board. L. 2024, ch. 107, § 11; July 1.

K.S.A. 12-12,115 Organization of board; officers; meetings; treasurer's bond; treasurer's reports.

12-12,115. Organization of board; officers; meetings; treasurer's bond; treasurer's reports. (a) Each year, the members of a library district board shall meet and organize by the election of a chairperson, a secretary, a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meetings, and special meetings may be called by the chairperson or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purpose for which called, unless waived, shall be given to each member of the board at least two days in advance of such meeting, and no business other than business stated in the notice shall be transacted at such meeting. (b) The treasurer of the library district board shall give bond in an amount fixed by the library district board and approved by the board of education. The bond shall be filed with the county clerk. (c) The county treasurer shall pay over to the treasurer of the library district board all funds collected for the maintenance and support of the library district, and the treasurer of the library district board shall pay out the funds on orders of the board signed by the secretary and chairperson. Such treasurer shall keep an accurate record of all moneys received and disbursed and make a report to the library board monthly, or as often as the board requires. L. 2024, ch. 107, § 12; July 1.

K.S.A. 12-12,116 Use of library; rules and regulations.

12-12,116. Use of library; rules and regulations. The library shall be free for the use of the residents of the library district, subject to reasonable rules and regulations as the library district board may adopt. The library board may exclude from the use of the library any and all persons who shall willfully violate such rules. The library board may extend the use and privilege of such library to nonresidents of the district, charge nonresidents a reasonable fee and make exchanges of books with any other library upon such terms and conditions as the library district board may prescribe. L. 2024, ch. 107, § 13; July 1.

K.S.A. 12-12,117 Powers and duties of board.

12-12,117. Powers and duties of board. The library district board shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes and may contract, sue and be sued and acquire, hold and convey real and personal property in accordance with law. Further, the board shall have the power to: (a) Make and adopt rules and regulations for the administration of the library; (b) purchase or lease a site or sites and to lease or to erect a building or buildings for the use of the library; (c) acquire by purchase, gift or exchange any books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph records and other material and equipment deemed necessary by the board for the maintenance and extension of modern library services; (d) employ a librarian and such other employees as the board deems necessary, to remove such employees and to fix their compensation; (e) establish and maintain a library or libraries and traveling library services within the district or within any other municipality with which service contract arrangements have been made; (f) contract with other libraries or with the governing body of a municipality for the furnishing of library services to the inhabitants of such municipality to the extent and upon such terms as may be agreed upon and to contract with any school board to furnish library services to any school library or to use the library facilities of the public school to supplement the facilities of the public library; (g) receive, accept and administer any moneys appropriated or granted to it by the state or the federal government or any agency or subdivision thereof for the purpose of aiding or providing library services; (h) receive and accept any gift or donation to the library and administer the same in accordance with any provisions thereof. If no provisions are specified, the board shall have the power to hold, invest or re-invest the gift and any dividends, interest, rent or income derived from the gift in the manner the board deems will best serve the interests of the library; (i) receive and accept any grant, gift, donation or appropriated or other funds from the United States government, or its agencies, or any other source whatsoever for the purposes of the library district established under this act; (j) make annual reports to the state librarian and the governing body of the board of education each year for the preceding calendar year showing receipts and disbursements from all funds under its control and showing such statistical information relating to library materials acquired and on hand, number of library users, library services available and other information of general interest as the governing body requires; and (k) place moneys received from sources other than a tax levy for library purposes in a separate fund or funds or in the fund to which the tax levy moneys are credited, unless the grantor or donor directs how and for what purpose the money shall be handled and spent. L. 2024, ch. 107, § 14; July 1.

K.S.A. 12-12,118 Annual budget; tax levy to support library; procedure to increase levy; financial record audit; participation in south central Kansas library system.

12-12,118. Annual budget; tax levy to support library; procedure to increase levy; financial record audit; participation in south central Kansas library system. (a) The library district board shall prepare an annual budget for the maintenance, support and operation of the library. Prior to the certification of its budget to the board of education, the library board shall meet for the purpose of answering and hearing objections of taxpayers relating to the proposed budget and for the purpose of considering amendments to such proposed budget. The library board shall give at least 10 days' notice of the time and place of the meeting by publication in a weekly or daily newspaper having general circulation in the taxing district. Such notice shall include the proposed budget and shall set out all essential items in the budget. The public hearing required to be held shall be held not less than 10 days prior to the date on which the library board is required to certify its budget to the board of education. After such hearing, the budget shall be adopted or amended and adopted by the library board by passage of a resolution. A copy of the budget shall be filed with the clerk of the board of education and the Cowley county clerk. (b) Any resolution adopted under subsection (a) shall state the total amount of the tax to be levied for the library district by the board of education. The resolution shall be published once each week for two consecutive weeks in the official newspaper of the taxing district. Such tax levy shall be levied on behalf of the library district by the board of education. (c) Such tax levy amount may be levied in each successive budget year unless a petition requesting an election upon the proposition to increase the tax levy in excess of the current tax levy, signed by at least 5% of the qualified voters of the taxing district, is filed with the county election officer within 30 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and approved by a majority of the voters of the taxing district voting at an election. (d) Any such election shall be called and held in the manner provided by the general bond law, and the cost of the election shall be paid by the library district board. Such taxes shall be levied and collected in like manner as other taxes, and the board of education shall certify such levy to the county clerk, who is hereby authorized to levy tax on behalf of the library district. (e) The tax levy provided in this section shall not be considered to be a tax levy of the board of education. (f) All financial records of the library board shall be audited as provided in K.S.A. 75-1122 , and amendments thereto, and a copy of such annual audit report shall be filed with the board of education and with the Cowley county clerk. The cost of each audit shall be paid by the library district board. (g) Notwithstanding any other provision of law, upon the date the tax levy provided for in this act takes effect, no tax levy on land within the library district created by this act shall be imposed for any subsequent calendar year to support a regional system of cooperating libraries. On such date, the Udall public library shall cease to be a participating library in the south central Kansas library system. Such library district may submit a petition to join the south central Kansas library system as a participating library. L. 2024, ch. 107, § 15; July 1.

K.S.A. 12-12,119 Citation of act.

12-12,119. Citation of act. K.S.A. 2025 Supp. 12-12,112 through 12-12,119, and amendments thereto, shall be known and may be cited as the Udall area public library district act. L. 2024, ch. 107, § 16; July 1.

K.S.A. 12-1215 Budgets and tax levies in certain cities; increase in levy; petition; election.

12-1215. Budgets and tax levies in certain cities; increase in levy; petition; election. (a) In the cities of Topeka, Salina and Hutchinson, Kansas, in which a free public library has been established as provided by law, in addition to the powers and duties conferred by law, the board of directors of the free public library shall prepare, publish and approve an annual budget for the maintenance and support of the free public library in the same manner as required by law applying to other taxing units and shall annually levy a tax not to exceed 2.5 mills on each dollar of the assessed tangible valuation of the property of such city for the maintenance and support of such free public library. Whenever the board of directors determines that the tax currently being levied by such board is insufficient to maintain and support the library and such board desires to increase the mill levy above the current levy, such board may adopt a resolution declaring it necessary to increase such annual levy in an amount which together with the amount of the current levy shall not exceed a total of four mills in any year. (b) Whenever the board of directors of such free public library determines that the tax levy of four mills authorized by subsection (a) is insufficient to maintain and support the library, the board shall adopt a resolution declaring it necessary to increase the annual levy by an additional amount not to exceed ¼ mill in any one year up to a total amount which shall not exceed an amount equal to six mills in any year. (c) Any such resolution adopted under subsection (a) or (b) shall state the total amount of the tax to be levied for library purposes and shall be published once each week for two consecutive weeks in the official city newspaper. Whereupon such annual levy in an amount not to exceed the amount stated in the resolution may be made for the ensuing budget year and each successive budget year unless a petition requesting an election upon the proposition to increase the tax levy in excess of the current tax levy, signed by electors equal in number to not less than 5% of the electors who voted at the last preceding regular city election, as shown by the poll books, is filed with the county election officer within 60 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and having been approved by a majority of the electors voting at an election called and held thereon. All such elections shall be called and held in the manner prescribed for the calling and holding of elections upon the question of the issuance of bonds under the general bond law. Such taxes shall be levied and collected in like manner as other taxes, which levy the clerk of such board of directors shall certify, on or before August 25 of each year, to the county clerk who is hereby authorized and required to place the same on the tax roll of the county to be collected by the county treasurer and paid over by the county treasurer to the treasurer of such board of directors. L. 1943, ch. 110, § 1; L. 1947, ch. 120, § 1; L. 1949, ch. 118, § 1; L. 1955, ch. 83, § 1; L. 1959, ch. 75, § 1; L. 1961, ch. 71, § 1; L. 1965, ch. 102, § 1; L. 1977, ch. 59, § 1; L. 1981, ch. 68, § 1; May 19. Cross References to Related Sections: Budget law, see 79-2925 et seq. Attorney General's Opinions: Procedure for increase in library levies in certain cities. 81-147. Annual tax levy for maintenance of public library. 82-193. School districts; recreation commissions; certification of budget; annual resolution. 83-143. Libraries and library systems; taxing subdivision; removal of fund levy limitations; affect on taxing authority. 1999-27. Suspension of statutory fund mill levy rate increases as applicable to recreation commissions. 2002-44.

K.S.A. 12-1216 Same; tax levies separate from city and in addition to other levies; no city library levy.

12-1216. Same; tax levies separate from city and in addition to other levies; no city library levy. The tax levy provided in K.S.A. 12-1215 , shall not be included in and shall not constitute a part of the tax levy of any city to which this act is applicable, and shall be in addition to all other levies authorized or limited by law and shall not be within or subject to any of the limitations prescribed by K.S.A. 79-1950 and 79-1951 , or acts amendatory thereof or supplemental thereto. Whenever a tax levy is made under the provisions of this act the governing body of the city shall not make a levy for a library as provided in K.S.A. 79-1951 . L. 1947, ch. 120, § 2; L. 1949, ch. 118, § 2; L. 1955, ch. 83, § 2; June 30. Attorney General's Opinions: Annual tax levy for maintenance of public library. 82-193.

K.S.A. 12-1217 Maintenance and support of library; certain capital improvements or major equipment purchases.

12-1217. Maintenance and support of library; certain capital improvements or major equipment purchases. As used in this act, the words "maintenance and support" shall include the general and usual cost and expense of operating such free public library but shall not include the cost of erecting or equipping a public building therefor or the cost of a site for such building, except in any city having a population of more than 35,000 and not more than 150,000 where such free public library occupies a public building upon a site acquired therefor and which public building and site are free from any bonded indebtedness, then not to exceed 20% of any annual budget prepared, published and approved by the board of directors may be allocated to a special accruing fund for the cost of erecting and equipping any addition to, or branch of, such free public library and for the acquisition of any additional site required for the erection of any such addition, branch or parking facility for use by the patrons of such library. Expenses for major capital improvements or major equipment purchases to cover such matters as, but not limited to, major roof repair, new computerized circulation or security systems and bookmobile replacement may also be paid with funds from the special accruing fund. L. 1947, ch. 120, § 3; L. 1968, ch. 101, § 1; L. 1981, ch. 69, § 1; July 1.

K.S.A. 12-1218 City, county and township libraries; definitions.

12-1218. City, county and township libraries; definitions. As used in this act unless the context requires a different meaning, the following words, terms and phrases shall have the meaning ascribed to them in this section: (a) "Municipality" shall mean a county, township or incorporated city. (b) "Governing body" shall mean the governing body of a city, the board of county commissioners of a county, and the township trustee, clerk and treasurer acting as the township board of a township. (c) "Official head" shall mean the mayor of a city, the chairman of the board of county commissioners of the county, and the township trustee of a township. (d) "Library" shall mean a library which serves the general public and is supported in whole or in part with tax money. (e) "Regional library" shall mean a library maintained by two or more counties, or two or more townships. (f) "Library board" shall mean the board of directors of a library. L. 1951, ch. 485, § 1; July 1. Source or prior law: 12-1201 through 12-1214, 13-417, 14-436, 19-1701 through 19-1712, 80-801 through 80-803. Attorney General's Opinions: Exemption for registration of municipally owned fire trucks; county is a municipality. 81-89. Election expenses of candidates and organizations; reporting requirements applicable to counties. 81-129. Eligibility of register of deeds to serve on city library board. 82-171. Annual tax levy for maintenance of public library. 82-193. Johnson county park and recreation district; use of tax levy proceeds. 92-112. County levies for maintenance of library to be deposited in separate fund; fund defined. 97-35. Libraries and library systems; taxing subdivision; removal of fund levy limitations; affect on taxing authority. 1999-27. County commissioners may establish county library but may not impose a cap on amount of tax levy. 2006-4.

K.S.A. 12-1219 Same; establishment and maintenance; existing libraries.

12-1219. Same; establishment and maintenance; existing libraries. A municipality may establish and maintain a library in the manner provided in this act. Any library heretofore established and being maintained by a municipality shall be maintained in accordance with the provisions of this act, but this section shall not be construed as repealing any law not expressly repealed by this act. L. 1951, ch. 485, § 2; July 1. Attorney General's Opinions: Donation of moneys by township to library district. 82-180. Governmental reorganization; applicability to executive reorganization; effect of county home rule statutes on city libraries. 83-129. Libraries; tax levy. 86-36. City, county and township libraries; application of K.S.A. 12-1223 and 12-1225. 92-5.

K.S.A. 12-1220 Same; election to establish; tax levy, use of proceeds; library fund established; territory of existing library excluded, when.

12-1220. Same; election to establish; tax levy, use of proceeds; library fund established; territory of existing library excluded, when. The governing body of any municipality may by resolution, and shall, upon presentation of a petition signed by ten percent (10%) of the qualified electors of such municipality determined upon the basis of the total vote cast for the secretary of state at the last preceding general election, cause to be submitted to the voters of such municipality at the first local or general election thereafter, or if the petition so requires, at a special election called for that purpose, the question of the establishment and maintenance of a library by such municipality. If a majority of the votes cast at such election on such proposition shall be in the affirmative, the governing body shall forthwith establish such library and is hereby authorized to and shall annually levy a tax for the maintenance of such library in such sum as the library board shall determine within the limitations fixed by law and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 , and amendments thereto, by cities located in the county. Such tax shall be levied and collected in like manner as other taxes of the municipality and, except for an amount to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 , and amendments thereto, by cities located in the county, shall be kept in a separate fund to be known as the library fund of such municipality. If the territory of the municipality includes another municipality which is then maintaining a library, the proposition to establish a library by the larger municipality shall not be voted upon by the residents of the included municipality, nor shall a levy to establish or maintain such library be assessed against property therein, unless the library board and governing body of the included municipality shall give notice in writing that they desire to participate in the library to be established and to pay the tax for the establishment and maintenance thereof as other parts of the municipality establishing such library. L. 1951, ch. 485, § 3; L. 1979, ch. 52, § 40; July 1. Attorney General's Opinions: Employee benefits contribution fund and tax levy. 82-136. Annual tax levy for maintenance of public library. 82-193. Authority to hold non-binding advisory city elections. 83-177. Libraries; tax levy. 86-36. Employee benefits contribution fund; public libraries. 89-50. Cities' home rule powers; limitations on certain tax levies in cities between 60,000 and 130,000. 91-159. Libraries; use of tax levy proceeds. 92-47. County levies for maintenance of library to be deposited in separate fund; fund defined. 97-35. Regional library held to be a political subdivision for purposes of K.S.A. 12-16,102. 1998-39. Libraries and library systems; taxing subdivision; removal of fund levy limitations; affect on taxing authority. 1999-27. Suspension of statutory fund mill levy rate increases as applicable to recreation commissions. 2002-44. CASE ANNOTATIONS 1. Cited; uniform and equal rates for intangibles tax (K.S.A. 12-1,101) only required within taxing district. Cogswell v. Sherman County, 238 Kan. 438, 443, 444, 710 P.2d 1331 (1985).

K.S.A. 12-1221 County or township bonds for site, building and equipment; election.

12-1221. County or township bonds for site, building and equipment; election. Any county or township which is maintaining, or has voted to establish a library may erect and equip a library building and procure a site therefor, and may issue the bonds of such county or township for the purpose of paying the cost of such building, equipment and site. Before issuing any bonds hereunder the question of such issuance shall be submitted to the qualified electors of the county or township and if a majority of those voting on the proposition shall vote in favor thereof, such bonds may be issued. A proposition to issue such bonds may be combined with the proposition to establish a library under the provisions of K.S.A. 12-1220 . The election shall be called and held, and the bonds issued thereunder in accordance with the provisions of the general bond law. L. 1951, ch. 485, § 4; July 1. CASE ANNOTATIONS 1. Act cited in determining city ordinances to implement issuance of industrial revenue bonds administrative; not subject to K.S.A. 12-3013. Rauh v. City of Hutchinson, 223 Kan. 514, 521, 575 P.2d 517.

K.S.A. 12-1222 City, county and township libraries; board; appointment; terms; eligibility; vacancies; expenses.

12-1222. City, county and township libraries; board; appointment; terms; eligibility; vacancies; expenses. Subject to the provisions of K.S.A. 12-16,128 , and amendments thereto, upon the establishment of a library under this act the official head of a municipality shall appoint, with the approval of the governing body, a library board for such library. In the case of a county, except for Johnson county, or township library five members shall be appointed, one for a term expiring the first April 30 following date of appointment, one for a term expiring the second April 30, following date of appointment, one for a term expiring the third April 30 following date of appointment, and two for terms expiring the fourth April 30 following date of appointment. In the case of a city library seven members shall be appointed, one for a term expiring the first April 30 following date of appointment, two for terms expiring the second April 30 following date of appointment, two for terms expiring the third April 30 following date of appointment, and two for terms expiring the fourth April 30 following date of appointment. The governing body of any city may, as an alternative to the membership hereinabove provided for, appoint 10 members to the city library board, which members shall have terms as follows: Six of such members first appointed shall serve for terms of four years and four of such members first appointed shall serve for terms of two years; thereafter, upon the expiration of the terms, successors shall be appointed in each odd-numbered year to fill the vacancies created, and thereafter each member shall serve for a term of four years. In addition to the appointed members of the board the official head of the municipality shall be ex officio a member of the library board with the same powers as appointed members, but no person holding any office in the municipality shall be appointed a member while holding such office. Seven members shall be appointed to the Johnson county library board. Such members, when first appointed, shall have terms as follows: One for a term expiring the first April 30 following date of appointment, two for terms expiring the second April 30 following date of appointment, two for terms expiring the third April 30 following date of appointment, and two for terms expiring the fourth April 30 following date of appointment. Upon the expiration of the terms of members first appointed succeeding members shall be appointed in like manner for terms of four years. Members of library boards holding office at the effective date of this act shall continue to hold their offices until April 30 following the expiration of the terms for which appointed, and on or before May 1 following the first expiration of a term a sufficient number shall be appointed by the official head of the municipality with the approval of the governing body for terms of four years to constitute a library board of the number of members prescribed by this act. All members appointed to a library board shall be residents of the municipality. Vacancies occasioned by removal from the municipality, resignation or otherwise, shall be filled by appointment for the unexpired term. No person who has been appointed for two consecutive four-year terms to a library board shall be eligible for further appointment to such board until one year after the expiration of the second term. Appointments made prior to the effective date of this act shall not be counted in determining eligibility for appointment hereunder. Members of library boards shall receive no compensation for their services as such but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members. L. 1951, ch. 485, § 5; L. 1975, ch. 62, § 1; L. 1985, ch. 72, § 1; L. 2005, ch. 17, § 1; L. 2008, ch. 163, § 5; July 1. Attorney General's Opinions: Eligibility of register of deeds to serve on city library board. 82-171. Governmental reorganization; applicability to executive reorganization; Effect of county home rule statutes on city libraries. 83-129. City, county and township libraries; home rule powers. 89-133. City governing body that rejects mayoral appointment must make determination the candidate is unfit or unqualified; basis for determination not required. 2008-23.

K.S.A. 12-1223 Same; Johnson county; corporate status of library board.

12-1223. Same; Johnson county; corporate status of library board. (a) Except as provided by subsection (b), the library board of a library established under, or governed by the provisions of this act shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes, under the name and style of "the board of directors of _______________ (name of municipality) library" and under such name may contract, sue and be sued and acquire, hold and convey real and personal property in accordance with law. The acquisition or disposition of real property shall be subject to the approval of the governing body of the municipality. (b) In Johnson county, the library board shall constitute a body corporate and politic possessing the usual powers of a corporation for public purposes, under the name and type of "the board of directors of _______________ (name of municipality) library" and under such name may contract, acquire, hold and convey real and personal property in accordance with the law. The acquisition or disposition of real property shall be subject to the approval of the board of county commissioners. The library board in such county may sue with permission of the board of county commissioners, by resolution, and be sued only in the name of "The Board of County Commissioners of the County of __________;" pursuant to K.S.A. 19-105 , and amendments thereto. L. 1951, ch. 485, § 6; L. 1984, ch. 69, § 1; January 1, 1985. Attorney General's Opinions: City, county and township libraries; application of K.S.A. 12-1223 and 12-1225. 92-5. County levies for maintenance of library to be deposited in separate fund; fund defined. 97-35.

K.S.A. 12-1224 Same; officers of board; meetings; notice.

12-1224. Same; officers of board; meetings; notice. The members of a library board shall, immediately after their appointment and annually thereafter, meet and organize by the election of a chairman, a secretary and a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meetings and special meetings may be called by the chairman or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purpose for which called, shall, unless waived, be given each member of the board at least two (2) days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting. L. 1951, ch. 485, § 7; July 1.

K.S.A. 12-1225 Powers and duties of board.

12-1225. Powers and duties of board. Library boards shall have the following powers and duties: (a) To make and adopt rules and regulations for the administration of the library; (b) with the approval of the governing body of the municipality, to purchase or lease a site or sites and to lease or erect a building or buildings for the use of the library; (c) to acquire by purchase, gift or exchange, books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph records and other material and equipment deemed necessary by the board for the maintenance and extension of modern library service; (d) to employ a librarian and such other employees as the board deems necessary and to remove them and to fix their compensation, except as provided in K.S.A. 12-1225b ; (e) to establish and maintain a library or libraries and traveling library service within the municipality or within any other municipality with which service contract arrangements have been made; (f) to contract with other libraries established under the provisions of this act or with the governing body of a municipality not maintaining a public library for the furnishing of library service to the inhabitants of such municipality to the extent and upon such terms as may be agreed upon, and to contract with any school board to furnish library service to any school library or to use the library facilities of the public school to supplement the facilities of the public library; (g) to receive, accept and administer any money appropriated or granted to it by the state or the federal government or any agency thereof for the purpose of aiding or providing library service; (h) to receive and accept any gift or donation to the library and administer the same in accordance with any provisions thereof. If no provisions are specified, the board shall have the power to hold, invest or reinvest the gift and any dividends, interest, rent or income derived from the gift in the manner the board deems will best serve the interests of the library; (i) to make annual reports to the state librarian and the governing body of the municipality on or before January 31 of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control, and showing such statistical information relating to library materials acquired and on hand, number of library users, library services available, and other information of general interest as the governing body requires; (j) as to money received from sources other than a tax levy for library purposes, in its discretion, to place such money in a separate fund or funds, or to place the money in the fund to which the tax levy money is credited unless the grantor or donor directs how and for what purpose the money shall be handled and spent. L. 1951, ch. 485, § 8; L. 1953, ch. 65, § 1; L. 1965, ch. 103, § 1; L. 1965, ch. 104, § 1; L. 1984, ch. 69, § 7; L. 1984, ch. 69, § 2; January 1, 1985. Attorney General's Opinions: Governmental reorganization; applicability to executive reorganization; effect of county home rule statutes on city libraries. 83-129. City, county and township libraries; application of K.S.A. 12-1223 and 12-1225. 92-5. Library board may invest unrestricted gift or donation in manner that best serves library's interest. 2015-15.

K.S.A. 12-1225a Johnson county library board; duties of county treasurer.

12-1225a. Johnson county library board; duties of county treasurer. (a) In Johnson county, the library board shall have the same powers and duties prescribed in K.S.A. 12-1225 , and amendments thereto, except that the county treasurer shall receive, accept and administer any money appropriated or granted to it by the state or the federal government or any agency thereof for the purpose of aiding or providing library service. (b) The provisions of this section shall take effect and be in force on and after January 1, 1985. L. 1984, ch. 69, § 3; July 1. Attorney General's Opinions: Libraries; use of tax levy proceeds. 92-47.

K.S.A. 12-1225b Same; powers and duties.

12-1225b. Same; powers and duties. (a) In addition to the powers and duties prescribed by K.S.A. 12-1225 , and amendments thereto, in Johnson county, the library board shall: (1) Establish bylaws for the operation of the library board; (2) formulate new policies and revise existing programs, facilities and services for the county libraries; (3) annually review, evaluate and report to the board of county commissioners on the status of the county libraries; (4) review the annual work program, budget and fee schedule and provide recommendations on each to the board of county commissioners; and (5) employ and terminate the employment of a county librarian. (b) Any action taken by the library board or its county librarian shall be subject to the following provisions established by the board of county commissioners: (1) Personnel policies and procedures for employees other than elected officials; (2) any pay plan and benefits for all county employees other than elected officials; (3) purchasing policies and procedures except as provided in subsection (c) of K.S.A. 12-1225 , and amendments thereto; (4) budget policies and procedures which budget shall be approved by the board of county commissioners; (5) financial policies and procedures, except as provided in K.S.A. 12-1226 , and amendments thereto, with respect to gifts and nongovernmental grants; (6) audit policies and procedures; and (7) insurance and loss control policies and procedures. Any liability therefor will be the responsibility of the board of county commissioners, pursuant to K.S.A. 75-6101 et seq., and amendments thereto. (c) The provisions of this section shall take effect and be in force on and after January 1, 1985. L. 1984, ch. 69, § 4; July 1.

K.S.A. 12-1225c Johnson county librarian; duties.

12-1225c. Johnson county librarian; duties. (a) In Johnson county, the county librarian shall be subject to the same privileges and immunities as the head of any county department. The county librarian shall be charged with the daily administration of the library and may hire or terminate the employment of subordinate employees. Employees shall be eligible for benefits provided by subsection (b) of K.S.A. 12-1225b . The board of county commissioners, upon request of the library board, may grant exceptions, by resolution, to those policies and procedures provided pursuant to subsection (b) of K.S.A. 12-1225b . (b) The provisions of this section shall take effect and be in force on and after January 1, 1985. L. 1984, ch. 69, § 5; July 1.

K.S.A. 12-1226 Treasurer of board; bond; duties; Johnson and Wyandotte counties library board treasurer.

12-1226. Treasurer of board; bond; duties; Johnson and Wyandotte counties library board treasurer. (a) Except as provided by this section, the treasurer of the library board shall give bond, in an amount fixed by the board and approved by the governing body of the municipality, for the safekeeping and due disbursement of all funds that may come into the treasurer's hands. The bonds shall be filed with the clerk of the municipality. Except where otherwise provided by law, the treasurer of the municipality shall pay over to the treasurer of the library board all funds collected for the maintenance of the library, and the treasurer of the library board shall pay out the funds on orders of the board signed by the secretary and chairperson thereof. Such treasurer shall keep an accurate record of all moneys received and disbursed thereby and make a report thereof to the library board monthly, or as often as the board requires. (b) In Johnson county, the treasurer of the library board shall give bond, in an amount fixed by the library board and approved by the board of county commissioners for the safekeeping and due disbursement of all funds that may come into the treasurer's hands. The bond shall be filed with the county clerk. Except where otherwise provided by law, the treasurer of the library board shall pay over to the county treasurer all funds collected for the maintenance of the library, with the exception of gifts and nongovernmental grants. The treasurer of the library board shall keep an accurate record of all moneys received along with its source and those moneys disbursed to the county treasurer. The funds of such library board in the hands of the county treasurer shall be maintained in a separate library fund and any interest payable thereon shall be added to that fund. The administration of such fund shall be with the county treasurer who shall pay out moneys from the fund upon orders signed by the chairperson of the board of county commissioners and the county clerk or their designees. (c) In Wyandotte county, the director of revenue of the unified government shall not pay over to the treasurer of the library board moneys collected for the maintenance of the library. The director of revenue shall maintain such moneys in a separate library fund. Any interest attributable to library moneys shall be deposited in the library fund. All moneys from gift, grants, donations or bequests to the library also shall be deposited in the library fund. The director of revenue shall administer the library fund and shall pay out moneys from the library fund, upon approval of the library board, and on orders signed by the chairperson and the treasurer of the library board or other authorized officers of the library board. L. 1951, ch. 485, § 9; L. 1984, ch. 69, § 6; L. 2002, ch. 68, § 1; July 1. Attorney General's Opinions: Libraries; use of tax levy proceeds. 92-47. County levies for maintenance of library to be deposited in separate fund; fund defined. 97-35.

K.S.A. 12-1227 Use of library; rules and regulations.

12-1227. Use of library; rules and regulations. Every library established under, or governed by the provisions of this act shall be free to the use of the inhabitants of the municipality in which located, subject always to such reasonable rules and regulations as the library board may adopt, and said board may exclude from the use of said library any and all persons who shall willfully violate such rules. The library board may extend the use and privilege of such library to nonresidents of the municipality and may make exchanges of books with any other library upon such terms and conditions as said board may from time to time by its regulations prescribe. L. 1951, ch. 485, § 10; July 1.

K.S.A. 12-1228 Penalties as to library property authorized.

12-1228. Penalties as to library property authorized. The governing body of a municipality maintaining a library shall have power to pass laws or ordinances imposing suitable penalties for the punishment of injury committed to library buildings or other property and for injury to or failure to return any book or other library material belonging to such library. L. 1951, ch. 485, § 11; July 1.

K.S.A. 12-1229 Use of privately owned books or collections.

12-1229. Use of privately owned books or collections. The library board of any library may authorize any circulating library, reading matter or work of art belonging to private person, association or corporation, or loaned by any library or public institution, to be deposited in a library building, and to be drawn or used outside the library building only on payment of such fee or membership as the owner may require. Deposits of such material may be removed by the owner thereof at pleasure, and such material when deposited in the library shall be separately and distinctly marked and kept apart from similar material owned by the library, but all such material while so deposited or remaining in the library shall be subject to use without charge within the library by any person who is entitled to the use of such library. L. 1951, ch. 485, § 12; July 1.

K.S.A. 12-1230 Contracts for library service; tax levy, use of proceeds.

12-1230. Contracts for library service; tax levy, use of proceeds. The governing body of any municipality not maintaining a library may contract with any library for the furnishing of library service to such municipality, and to pay the costs of such library service the municipality is hereby authorized to levy a tax in the amount authorized to be levied by such municipality for the establishment and maintenance of a library and, in the case of cities and counties, to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 , and amendments thereto, by cities located in the county. L. 1951, ch. 485, § 13; L. 1980, ch. 65, § 1; July 1. Attorney General's Opinions: Regional system of cooperating libraries. 86-116.

K.S.A. 12-1231 Regional library; resolution; petition; election; board; certain cooperating township libraries to be maintained as regional libraries.

12-1231. Regional library; resolution; petition; election; board; certain cooperating township libraries to be maintained as regional libraries. Any two (2) or more adjoining counties, or any two (2) or more adjoining townships, may establish and maintain a regional library as provided in this act. A proposition to establish and maintain a regional library may be submitted to the electors of each county or township proposing to participate therein, by resolution of the governing body thereof, and shall be submitted upon presentation of a petition signed by ten percent (10%) of the qualified electors of the county or township as determined upon the basis of the total vote cast for secretary of state at the last preceding general election. Such proposition shall be submitted at the first general election occurring after the passage of the resolution or the presentation of the petition, and if a majority of the votes cast in each county or township voting on the proposition shall be in the affirmative, the governing bodies of such counties or townships shall forthwith create a library board and proceed to establish a regional library. Any township library originally established under the authority of K.S.A. 80-804 , which has been continuously maintained and operated and which is providing library services in the member townships on the effective date of this act shall be governed by and maintained in accordance with the provisions of K.S.A. 12-1231 to 12-1235 , inclusive, and amendments thereto, as a regional library. L. 1951, ch. 485, § 14; L. 1980, ch. 66, § 1; April 26. Attorney General's Opinions: Regional system of cooperating libraries. 89-129. Regional library held to be a political subdivision for purposes of K.S.A. 12-16,102. 1998-39.

K.S.A. 12-1232 Same; appointment of board; terms; vacancies; eligibility.

12-1232. Same; appointment of board; terms; vacancies; eligibility. The library board of a regional library shall consist of six appointed members and, in addition thereto, the official head of each participating county or township shall appoint a member of the governing body to be an ex officio member with the same powers as appointed members. Each county or township participating in a regional library shall be equally represented on the library board, but in case such uniform representation cannot be obtained because of the number of counties or townships participating, the governing body shall agree on a method of rotating representation among the participating counties or townships. The official head of each participating county or township, with the approval of the governing body thereof, shall appoint the members from such county or township. Terms of all members of the library board of any township library previously established under the authority of K.S.A. 80-804 shall expire on the effective date of this act and successors to such members shall be appointed in the manner and for the terms prescribed in this section. The members first appointed shall be appointed, one for a term expiring the first April 30 th following date of appointment, two for terms expiring the second April 30 th following date of appointment, one for a term expiring the third April 30 th following date of appointment, and two for terms expiring the fourth April 30 th following date of appointment. Upon the expiration of the terms of members first appointed, succeeding members shall be appointed in like manner for terms of four years. Vacancies occasioned by removal from the county or township, resignation or otherwise, shall be filled by appointment for the unexpired term. Except for the ex officio members of the board, no person holding any office in a participating county or township shall be a member of the library board while holding such office, and no person who has been appointed for two four-year terms to the library board shall be eligible for further appointment to such board. L. 1951, ch. 485, § 15; L. 1980, ch. 66, § 2; L. 2007, ch. 171, § 6; May 17. Attorney General's Opinions: Regional system of cooperating libraries. 89-129.

K.S.A. 12-1233 Same; powers and duties.

12-1233. Same; powers and duties. Except as otherwise specifically provided herein, the powers and duties of regional library boards, the powers and duties of officers and members of such boards, and the manner and procedure by which such powers and duties are to be exercised, shall be as provided herein for library boards generally. L. 1951, ch. 485, § 16; July 1.

K.S.A. 12-1234 Same; tax levies; allocation of costs.

12-1234. Same; tax levies; allocation of costs. (a) Each county or township participating in a regional library is authorized to, and shall annually levy a tax for the maintenance of the library in a sum the library board determines within the limitations fixed by law. Except as provided by subsection (b), the costs of maintaining a regional library, other than a library originally established under the authority of K.S.A. 80-804 , shall be allocated among the participating counties or townships in the proportion of their respective populations. Tax levies for the maintenance of libraries originally established under the authority of K.S.A. 80-804 shall be made at a uniform rate in all townships participating in the maintenance of such libraries. (b) The costs of maintaining the regional library established under the authority of K.S.A. 12-1220 by Pottawatomie and Wabaunsee counties shall be allocated as provided by this subsection. One-half the costs shall be allocated between such counties on the basis of their respective populations and ½ the costs shall be allocated between such counties on the basis of their respective assessed valuations. L. 1951, ch. 485, § 17; L. 1980, ch. 66, § 3; L. 1983, ch. 64, § 1; July 1. Attorney General's Opinions: Donation of moneys by township to library district. 82-180. Regional library determined to be a taxing subdivision. 1998-39.

K.S.A. 12-1235 Same; withdrawal of county or township; election; division of property.

12-1235. Same; withdrawal of county or township; election; division of property. After a county or township has participated in a regional library for not less than three (3) years, such county or township may vote to establish and maintain a separate library, and upon so voting shall be deemed to have withdrawn from the regional library. The withdrawal of a county or township from a regional library shall be effective on May first following the vote to establish a separate library. Upon the withdrawal of a participating county or township, such county or township shall be entitled to its fractional share (based upon the number of participating counties or townships) of the property and funds on hand and to be collected from levies made, of the regional library. Such division shall be made in cash or in property and in such proportions as the library board of the regional library shall determine. L. 1951, ch. 485, § 18; July 1.

K.S.A. 12-1236 Establishment of library districts; petition; agreement to transfer city property to district, when; resolution; election, notice and conduct.

12-1236. Establishment of library districts; petition; agreement to transfer city property to district, when; resolution; election, notice and conduct. Any one or more cities of the third class is hereby authorized to join with any one or more townships or portions of one or more townships in one or more counties in the creation of a library district, upon the presentation to the board of county commissioners, of the county in which such proposed library district is located, of a petition setting forth the boundaries of the proposed library district and requesting the formation of such library district. Such petition shall be signed by not less than ten percent (10%) of the qualified electors of said proposed district who reside outside the limits of the incorporated city, and a like petition signed by not less than ten percent (10%) of the qualified electors who reside within the corporate limits of a city of the third class within said proposed district. The sufficiency of such petition to be determined by the board of county commissioners, determined upon the basis of the total vote cast for secretary of state in the last preceding general election within said city of the third class and within the boundaries of said proposed district of the township or portions of townships comprised within the proposed boundaries of said library district; and in the event a portion of any township is within such proposed boundaries, the total vote cast for secretary of state in said township shall be used. If the city of the third class within the boundaries of said library district owns and is operating a library at the time said petitions are filed, said petitions shall be accompanied by a copy of a resolution adopted by the governing body of said city of the third class within such district; such resolution shall state that said city of the third class agrees, upon the creation of the proposed library district, to convey, assign and transfer to said library district all books, equipment, moneys, endowment funds and all other assets of said city library, to and for the use of said proposed library district. The governing body of such city of the third class located within said library district is hereby authorized to adopt such a resolution, and upon the creation of said library district by the board of county commissioners the governing body of such city, in conformity with such resolution, is hereby authorized to make and execute the necessary assignments and conveyances to transfer to such library district all property and assets of said city library. The board of county commissioners of the county in which such proposed library district is located shall, at its next regular meeting following the filing of such petition, examine said petition and determine its sufficiency. If the board finds that said petition is regular and in due form, as herein provided, it shall cause to be submitted to the voters of such proposed district, at a special election called for the purpose of voting upon the question, the establishment and maintenance of a library by such proposed library district. A notice of such election shall be given by publication of such notice in a newspaper having general circulation within the boundaries of such proposed district. Said notice of election shall be published in two successive issues of such newspaper and such election shall be held within seven (7) days after the last publication of such notice. Such notice of election shall be signed by the board of county commissioners and such election shall be conducted by and under the supervision of the county clerk of said county in the manner provided by law for the conduct of general elections. The county clerk shall determine the number of voting precincts needed within such proposed district, at least one of which precincts shall be in the corporate limits of the third-class city in said proposed library district, and shall designate and appoint the election board, or boards, to serve at the voting precinct or precincts within such proposed library district. L. 1965, ch. 145 § 1; L. 1969, ch. 78, § 1; July 1. Attorney General's Opinions: Donation of moneys by township to library district. 82-180.

K.S.A. 12-1237 Same; election canvass; annual tax levy.

12-1237. Same; election canvass; annual tax levy. The board of county commissioners shall, at its next meeting following the holding of such election, canvass the results of said election. If a majority of the votes cast at such election on such proposition shall be in the affirmative, the board of county commissioners shall forthwith establish such library district and such library district, through its governing body, is hereby authorized to and shall annually levy the tax for the maintenance of such library in such sum as the library board shall determine, within the limitations fixed by law. L. 1965, ch. 145, § 2; June 30. Attorney General's Opinions: Aggregate tax levy limitations; public libraries. 89-130.

K.S.A. 12-1238 Same; election of directors; notice.

12-1238. Same; election of directors; notice. Upon the establishment of such library district the county clerk of the county within which such library district is located, shall cause a publication notice to be published once each week for two consecutive weeks in a newspaper of general circulation in said library district, stating that a meeting of the qualified voters of said library district will be held at the time and place fixed in said notice, for the purpose of electing seven (7) directors to act as the governing body of said library district. The last publication of such notice shall be made not more than seven (7) days prior to the date fixed for the holding of said meeting. The costs of such publication shall be paid by the city of the third class located within said library district from the general funds of said city, or, from the library funds of said city. At the time and place fixed for the holding of said meeting the county clerk shall call such meeting to order and the electors of such district shall proceed to elect a chairman and a secretary for said meeting. Thereupon, the qualified voters shall proceed to elect, by ballot, seven (7) directors for said library district, one for a term expiring the first Tuesday in April of the year following the date of such election; two (2) for a term expiring the first Tuesday in April of the second year following the date of such election; two (2) for a term expiring the first Tuesday in April of the third year following the date of such election; and two (2) for a term expiring the first Tuesday in April of the fourth year following the date of such election. Upon the expiration of the terms of the first board of directors, their successors shall be elected in the manner provided for electing members of library boards. L. 1965, ch. 145, § 3; June 30. Attorney General's Opinions: Donation of moneys by township to library district. 82-180. Aggregate tax levy limitations; public libraries. 89-130.

K.S.A. 12-1239 Same; annual meeting; time of.

12-1239. Same; annual meeting; time of. An annual meeting of the qualified voters of such library district shall be held on the first Tuesday in March of each year at 2 o'clock p.m. At the first annual meeting a majority of the qualified voters present may determine whether the subsequent annual meetings shall convene at 2 o'clock p.m. or at 7:30 o'clock p.m. Thereafter, said annual meeting shall convene at the time so determined, unless at a subsequent annual meeting a majority of the qualified voters present determine that the annual meeting shall convene at such later or earlier time, as the case may be. L. 1965, ch. 145, § 4; June 30.

K.S.A. 12-1240 Same; notice of annual meeting.

12-1240. Same; notice of annual meeting. It shall be the duty of the board of directors to give notice of every annual meeting by causing a notice to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in said library district. The last publication of such notice to be made not more than six (6) days prior to the date of holding the meeting. Such notice shall include the time and place of such meeting. L. 1965, ch. 145, § 5; June 30.

K.S.A. 12-1241 Same; persons entitled to vote; officers of board; terms of directors; vacancies.

12-1241. Same; persons entitled to vote; officers of board; terms of directors; vacancies. Any person who shall have been in good faith a resident of said library district for thirty (30) days prior to the date of any district meeting or other election and who possesses the qualifications of a voter at a general election shall be entitled to vote at said meeting or at any bond election. Every library district so created shall be governed by a board of seven (7) directors who shall be qualified voters of such library district. The board of directors shall elect one of their number as chairman of said board and shall also elect from the members of said board a secretary and a treasurer and such other officers as they deem necessary. At each annual meeting, upon the expiration of the term of any director, his or her successor shall be elected for a term of four (4) years, expiring on the first Tuesday of April of the fourth year following his or her election. Vacancies in said board of directors accruing by death, removal, resignation or otherwise shall be filled for the unexpired term by appointment made by the chairman of said board, by and with the endorsement and approval of a majority of the remaining board members, and shall be for the unexpired term in like manner as the original elections. L. 1965, ch. 145, § 6; June 30.

K.S.A. 12-1242 Same; powers of board of directors.

12-1242. Same; powers of board of directors. The library board of a library established as herein provided shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes under the name and style of: "library district No. ____, county of ____, state of Kansas." And under such name may contract, sue and be sued, acquire, hold and convey real and personal property in accordance with law. L. 1965, ch. 145, § 7; June 30.

K.S.A. 12-1243 Same; regular and special meetings.

12-1243. Same; regular and special meetings. The library board shall fix the date and place of its regular meetings, and special meetings may be called by the chairman of said board, and shall be called by the chairman upon the written request of a majority of the board members. Written notice stating the time and place of any special meeting and the purpose for which called shall, unless waived, be given each member of the board at least two days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such special meeting. L. 1965, ch. 145, § 8; June 30.

K.S.A. 12-1244 Same; election on building, equipment and site; bonds.

12-1244. Same; election on building, equipment and site; bonds. The board of directors of said library district shall have authority to call an election of said district for the purpose of building, erecting and equipping a library building and procuring a site therefor and may issue bonds of such district for the purpose of paying the costs of such building, equipment and site. Before issuing any bonds hereunder the question of such issuance shall be submitted to the qualified electors of such district. The election shall be called and held, and the bonds issued thereunder in accordance with the provisions of the general bond laws applicable thereto. L. 1965, ch. 145, § 9; June 30. Attorney General's Opinions: Election on building, equipment and site; bonds. 86-105.

K.S.A. 12-1245 Same; powers and duties.

12-1245. Same; powers and duties. The directors of said library district shall have all of the powers and duties vested in library boards under the provisions of K.S.A. 12-1225 . L. 1965, ch. 145, § 10; June 30.

K.S.A. 12-1246 Same; bond of treasurer; records and reports.

12-1246. Same; bond of treasurer; records and reports. The treasurer of said library district shall give bond in an amount fixed and approved by the board of said library district for the safekeeping and due disbursement of all funds which may come into his or her hands as such treasurer. Said bond shall be filed with the county clerk of the county in which said district is located. Such treasurer shall keep an accurate record of all money and property received and disbursed by him or her and make a report thereof monthly to the library board, or, as often as said board may require. L. 1965, ch. 145, § 11; June 30.

K.S.A. 12-1247 Library districts; tax levy, procedure to increase levy; certification to county clerk.

12-1247. Library districts; tax levy, procedure to increase levy; certification to county clerk. (a) Except as provided by subsection (b), the directors of the library district, as the governing body thereof and in the same manner as required by law applying to other taxing units, shall levy annually a tax not to exceed 1.5 mills on each dollar assessed tangible valuation for the property of the library district, for the maintenance and support of a free public library, to be levied and collected in like manner with other taxes. The library board shall certify the levy on or before August 25 th of each year to the county clerk who is hereby authorized and required to place the same on the tax rolls of the county to be collected by the treasurer of the county and to be paid over by the county treasurer to the treasurer of the library district. (b) The directors of the library district shall have the authority to increase the mill levy authorized by subsection (a) in an amount not to exceed 3 mills on each dollar assessed tangible valuation for the property of the library district for the acquisition, maintenance and support of a free public library by adoption of a resolution. Such resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation in the library district. If within 30 days after the last publication of the resolution, a petition signed by not less than 5% of the qualified electors in the library district is filed in the office of the county election officer requesting an election thereon, no levy in an amount exceeding 1.5 mills shall be made unless the question is submitted to and approved by a majority of the voters of the library district voting at an election. Such election shall be called and held in the manner provided under the general bond law. If the question is approved, the levy shall be certified and placed on the tax rolls in the same manner provided by subsection (a). L. 1965, ch. 145, § 12; L. 1986, ch. 72, § 1; April 17. Attorney General's Opinions: Donation of moneys by township to library district. 82-180. Aggregate tax levy limitations; public libraries. 89-130.

K.S.A. 12-1248 Same; acceptance of grants.

12-1248. Same; acceptance of grants. Such library district, after its creation and establishment as provided by this act, shall be vested with authority to apply for and receive any grants for library purposes or for the construction and maintenance of a library in said district, from the state or federal government, or any agency thereof, and shall be authorized to execute any agreements necessary, on behalf of said library district, to receive any such grants, all in the manner as is now or hereafter provided by law. L. 1965, ch. 145, § 13; June 30. Attorney General's Opinions: Donation of moneys by township to library district. 82-180.

K.S.A. 12-1249 Issuance of library bonds by certain counties between 6,600 and 7,300 population; duties of planning commission and governing board of city in which building to be located; election provisions.

12-1249. Issuance of library bonds by certain counties between 6,600 and 7,300 population; duties of planning commission and governing board of city in which building to be located; election provisions. The board of county commissioners of any county having a population of more than six thousand six hundred (6,600) and less than seven thousand three hundred (7,300) and having an assessed tangible valuation of less than twenty-one million dollars ($21,000,000) and in which there is located a city of the second class which maintains a library is authorized to issue general obligation bonds of the county to acquire a site and construct a building to be used for library purposes in such second-class city. Before any such bonds are issued under authority of this act the governing body of such city shall request the recommendations of its library board as to the location and type of building needed to best serve the community, including the provision of such library materials as may be appropriate for use in connection with vocational or technical training. Upon receipt of recommendations from its library board the governing body of any such city shall transmit a copy thereof to the planning board of such city for its recommendations as to site location and accessibility. Such planning board shall promptly consider and act upon such recommendations by giving its advice thereon to the governing body of such city. Upon receipt of the recommendations of the planning board the governing body of such city shall by resolution duly adopted submit to the board of county commissioners of such county its findings as to the advisability of issuance of bonds under authority of this act and its recommendations as to location, type of construction and such other recommendations as it may deem appropriate. Such resolution shall be transmitted to the board of county commissioners by such city and upon receipt thereof such board of county commissioners is authorized to issue general obligation bonds of the county in an amount not in excess of one percent (1%) of the assessed tangible valuation of the county: Provided, No bonds shall be issued under authority of this act until the same have been approved by the electors of such county at a special election called for the purpose or at a general election, and any such election shall be conducted and such bonds shall be issued in the manner prescribed in chapter 10 of Kansas Statutes Annotated. L. 1965, ch. 208, § 1; June 30.

K.S.A. 12-1250 Same; cooperation between library board and county commissioners; use of library.

12-1250. Same; cooperation between library board and county commissioners; use of library. Any board of county commissioners issuing bonds under authority of this act shall confer and advise with the library board of the second-class city involved in selection of an architect and in development of plans for such building. Upon completion of such building and acceptance thereof by the board of county commissioners, the same shall be made available for library purposes to be used by the library board of such city of the second class or any successor library board, or other authority offering public library services to all of the residents of such county. The library facilities and services offered in any library constructed under the provisions of this act shall be available to any persons authorized to use the same by the library board of such city. L. 1965, ch. 208, § 2; June 30.

K.S.A. 12-1251 Same; gifts and assistance; federal aid.

12-1251. Same; gifts and assistance; federal aid. The board of county commissioners and the governing body of such city of the second class are authorized to receive any gifts, contributions or assistance for the use of any public library in such second-class city including any federal aid or assistance that is authorized by law. L. 1965, ch. 208, § 3; June 30.

K.S.A. 12-1252 Acceptance of gifts for library purposes by cities and boards of education, or jointly; conditions.

12-1252. Acceptance of gifts for library purposes by cities and boards of education, or jointly; conditions. (a) The board of education of any school district, the governing body of any city, or both jointly are authorized to receive gifts. The gift may be conditioned so that the money will be used only for the purpose of construction and furnishing of a library. (b) The board of education or the governing body of the city, or both, may by resolution contract and agree to pay the donor during the donor's lifetime interest on the principal sum of the gift at the rate as the donor and the recipient agree upon. The interest agreed upon shall be paid by the school district or city, or both, in periodic semiannual payments in the same manner as interest on bonded indebtedness. The interest may be paid by the school district or city, or both, from bond funds, or from special capital outlay funds, or if there are insufficient amounts in such funds, then from the general operating fund of the school district, or city, or both. The board of education of any school district making an agreement and receiving any gift under this act may make an annual tax levy on the taxable tangible property in the school district in an amount necessary to meet the interest requirements agreed upon in the resolution accepting the gift. Any tax levied under authority of this act shall not be subject to any tax levy limitation, and expenditures for interest paid under authority hereof shall not be counted as operating expenses. The aggregate amount of the periodic payments, using a standard annuity table, shall not at the time of the gift be estimated to exceed the principal amount of the gift. (c) The donor and the board of education or the governing body, or both, may agree upon additional conditions. L. 1968, ch. 151, § 1; L. 2021, ch. 45, § 1; July 1.

K.S.A. 12-1253 Same; acceptance of gift; terms.

12-1253. Same; acceptance of gift; terms. Any gift offered under provisions of this act shall be accepted only by formal action by resolution in the case of a board of education or ordinance in the case of a city. Such resolution or ordinance shall cite this act as authority therefor and shall recite the terms of the gift and the conditions thereof. L. 1968, ch. 151, § 2; March 26.

K.S.A. 12-1254 Library in cities between 120,000 and 150,000 population; submission of proposition to levy tax for building fund; use of proceeds.

12-1254. Library in cities between 120,000 and 150,000 population; submission of proposition to levy tax for building fund; use of proceeds. In all cities having a population by the official state census of more than one hundred twenty thousand (120,000) and less than one hundred fifty thousand (150,000) in which a free public library has heretofore been established as provided by law, the board of directors of such free public library is hereby authorized and empowered to submit the question of making an annual tax levy of not to exceed one (1) mill for a period not to exceed five (5) years upon the taxable tangible property within such city for the purpose of creating a building fund to be used for the construction, reconstruction, additions to, furnishing and equipping of the building housing such free public library and of a building to house motor vehicles of such free public library and the architectural expense incidental thereto, to the electors of such city at an election called and held in the manner provided for the calling and holding of elections under the provisions of the general bond law, at the time fixed for the holding of the primary election in August. The amount of such levy and the period for which it will be made shall be stated in the notice and upon the ballot of such election. No tax levy shall be made under the provisions of this act without the question of the making of such levy having been submitted to and having received the approval of a majority of the electors of such city voting thereon at an election called and held for such purpose. All moneys derived from the tax levy authorized by this act shall be placed in a building fund to be used only for the purposes for which the tax levy was made. All tax levies authorized by this act shall be in addition to all other tax levies authorized by law and shall not be subject to any of the limitations prescribed by law, including K.S.A. 12-1215 and 12-1217 and any acts amendatory thereof or supplemental thereto. L. 1970, ch. 73, § 1; March 11.

K.S.A. 12-1255 Same; investment of moneys in building fund.

12-1255. Same; investment of moneys in building fund. Such board of directors may invest any portion of the building fund which is not currently needed in investments authorized by K.S.A. 12-1675 , and amendments thereto, in the manner prescribed therein or in direct short-term obligations of the United States government, the principal and interest whereof is guaranteed by the government of the United States. All interest received thereon on any such investment, shall upon receipt thereof be credited to the building fund. L. 1970, ch. 73, § 2; L. 1977, ch. 54, § 7; July 1.

K.S.A. 12-1256 Sale or lease of public park property to library board of township by certain cities of third class; use of moneys; property to be used for library services.

12-1256. Sale or lease of public park property to library board of township by certain cities of third class; use of moneys; property to be used for library services. The governing body of any city of the third class having a population of more than two thousand three hundred (2,300) and located in a township having a population of more than three thousand (3,000) is hereby authorized to sell or lease any unimproved portion of any public park to the library board of the township in which such city is located on such terms as may be agreed upon between the governing body of such city and library board. Any funds derived from the sale or lease of such portion of a public park shall be placed in a special fund and used only for the care, maintenance and improvement of the park system in said third-class city. Said township library board may improve the area acquired for library purposes by constructing thereon a library building, and equipping the same, with funds acquired by gift, issuance of bonds, or tax funds. The city and township are hereby authorized to do all things necessary and proper to carry out the general objective of providing library facilities for both the city and township. L. 1974, ch. 51, § 1; March 4.

K.S.A. 12-1257 Libraries in urban area counties; tax levy, use of proceeds; special fund established; issuance of bonds; territory of existing library excluded; adoption and publication of resolution; protest petition and election.

12-1257. Libraries in urban area counties; tax levy, use of proceeds; special fund established; issuance of bonds; territory of existing library excluded; adoption and publication of resolution; protest petition and election. The board of county commissioners of any county designated as an urban area under K.S.A. 19-2654 , and amendments thereto, at the request of the county library board, may make an annual levy of not to exceed one mill upon all taxable tangible property within the county for the purpose of creating a special fund to be used for the acquisition of sites, and for the constructing, equipping, repairing, remodeling and furnishing of buildings for county library purposes and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 , and amendments thereto, by cities located in the county. In addition to the tax levy authorized herein, the board of county commissioners, at the request of the county library board, may issue bonds of such county in an aggregate amount not exceeding 2% of the assessed tangible valuation of such county, the proceeds of which shall be placed in such special fund and may be used for the purposes herein enumerated. No tax levied under the authority of this act, either for the creation of the special fund or for the repayment of bonds issued hereunder, shall be assessed against property in any municipality in which a municipal library has been established and is being maintained. Prior to the levying of a tax or the issuance of any bonds under the authority of this act, the board of county commissioners shall adopt a resolution authorizing and stating the purpose for the same. Such resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation within the county. If, within 60 days following the last publication of the resolution, a petition in opposition to the levy or the issuance of bonds, signed by not less than 5% of the qualified electors of the county, is filed with the county election officer, no such levy shall be made and no bonds shall be issued unless and until the same is approved by a majority of the qualified electors of the county voting thereon at a special election called and held for such purpose. Bonds issued under the authority of this act shall not be subject to or within any bonded debt limitation of the county prescribed by any other law of this state and shall not be considered or included in applying any other law limiting the bonded indebtedness of such county. Any such election shall be called, noticed and held in accordance with the provisions of K.S.A. 10-120 , and amendments thereto. Any tax levy made under the authority of this act shall be in addition to all other tax levies authorized by law. No qualified elector of any municipality in which a municipal library has been established and is being maintained shall be entitled to vote at any election called and held under the provisions of this act, nor shall any such person's signature be considered valid on any petition provided for herein. L. 1978, ch. 60, § 1; L. 1979, ch. 52, § 41; L. 1987, ch. 69, § 1; L. 1990, ch. 66, § 14; May 31. Cross References to Related Sections: Exemption of municipality maintaining library from taxation, see 12-1220. Attorney General's Opinions: Home rule powers of cities and counties; bond issuance. 88-92.

K.S.A. 12-1258 Public libraries; capital improvement fund.

12-1258. Public libraries; capital improvement fund. The library board of any public library is hereby authorized to direct a transfer annually from the general operating fund of such library not to exceed 10% of the amount of money credited to such fund to a capital improvement fund. All money credited to such fund shall be used by the library board for the purpose of improving, furnishing, equipping, remodeling or making additions to the library. Such fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2937 , and amendments thereto. If the library board determines that money which has been transferred to such fund or any part thereof is not needed for the purpose for which transferred, the library board is hereby authorized to direct a retransfer of such amount not needed to the general operating fund and such retransfer and expenditure thereof shall be subject to the provisions of K.S.A. 79-2925 to 79-2937 , and amendments thereto. In making the budget of the library, the amounts credited to, and the amount on hand in, the capital improvement fund and the amount expended therefrom shall be shown on the budget for the information of the taxpayers of the municipality in which the library is located. Moneys in such fund may be invested in accordance with the provisions of K.S.A. 10-131 , and amendments thereto, with interest thereon credited to such fund. L. 1986, ch. 62, § 1; July 1.

K.S.A. 12-1259 Topeka public library; issuance of bonds; purpose; election; tax levy.

12-1259. Topeka public library; issuance of bonds; purpose; election; tax levy. The board of directors of the Topeka public library may issue general obligation bonds of the Topeka public library for the purpose of constructing, reconstructing, repairing, remodeling, furnishing and equipping any buildings or additions thereto, together with sites therefor, for library purposes. No bonds shall be issued until the question of their issuance and the amount of such issuance has been submitted to a vote of the qualified electors of the city of Topeka at any special, general or primary election, and a majority of the qualified electors voting thereon votes in favor thereof. The election shall be called and held and the bonds shall be issued, sold, delivered, registered and retired in the manner provided by the general bond law. Bonds issued pursuant to this section shall not be subject to or within any bonded debt limit of the city of Topeka. The board of directors of the Topeka public library shall have the power to levy a tax against all taxable, tangible property in the city of Topeka for the purpose of paying the principal of, redemption premium, if any, and interest on any bonds issued pursuant to this section. L. 1989, ch. 55, § 1; July 1.

K.S.A. 12-1260 Topeka and Shawnee county library district; definitions.

12-1260. Topeka and Shawnee county library district; definitions. When used in this act and unless otherwise specifically provided therein: (a) "County" means Shawnee county; (b) "city" means the city of Topeka, Kansas; (c) "library district" means all territory located within Shawnee county except that territory located within Rossville township and Silver Lake township; (d) "board" means the library board of trustees appointed pursuant to the provisions of this act; (e) "library" means a library which serves the general public and is supported in whole or in part with tax money and shall be called the Topeka and Shawnee county public library; (f) "governing body" means the governing body of a city or the board of county commissioners of a county; and (g) "maintenance and support" means the general and usual cost and expense of operating a library. L. 1992, ch. 133, § 1; July 1.

K.S.A. 12-1261 Same; procedure to create district; election; transfer of assets and liabilities.

12-1261. Same; procedure to create district; election; transfer of assets and liabilities. (a) The board of trustees of the Topeka public library may adopt a resolution proposing to create a library district. A copy of such resolution shall be filed with the county election officer who shall call and hold an election thereon. Such election shall be called and held in the manner provided by the general bond law. (b) If a majority of the qualified electors of the proposed library district who reside within the corporate limits of the city and a majority of the qualified electors of the proposed library district who reside outside the corporate limits of the city voting on the proposition vote in favor thereof: (1) A library shall be established and maintained and a library board shall be appointed as provided in this act; (2) all contracts entered into by the board of directors of the Topeka public library shall be binding on the library board appointed pursuant to this act; (3) all outstanding bonds, debts and other obligations of the Topeka public library shall become an obligation of the Topeka and Shawnee county public library; and (4) all rights, property and other assets of the Topeka public library shall be transferred to the Topeka and Shawnee county public library. L. 1992, ch. 133, § 2; July 1.

K.S.A. 12-1262 Same; governing body; appointment; term; vacancies; expenses of members.

12-1262. Same; governing body; appointment; term; vacancies; expenses of members. (a) Any library district created pursuant to the provisions of K.S.A. 12-1261 shall be governed by a board of trustees. Such board shall consist of 10 members. Seven members shall be appointed by the governing body of the city and shall be residents of the city. Three members shall be appointed by the board of county commissioners. Members appointed by the board of county commissioners shall be residents of the library district, who reside outside the corporate limits of the city and each shall reside in a different commissioner district. (b) Members of the board of directors of the Topeka public library serving prior to the election creating the library district shall continue on the board until the expiration of the term for which originally appointed. Such members shall be eligible for reappointment. The board of county commissioners shall appoint three members to the library board within 60 days following the election approving the creation of the district. Such members shall serve for terms expiring the second April 30 following the date of appointment. Upon expiration of the terms of such members, succeeding members shall be appointed for terms of four years. (c) Except as provided by this section, members of the board shall be appointed for terms of four years and until their successors are appointed and qualified. Vacancies on the board shall be filled by appointment for the unexpired term. (d) Members of the library board shall receive no compensation but shall be paid their actual and necessary expenses in attending meetings and in carrying out their duties as members of the board. L. 1992, ch. 133, § 3; July 1.

K.S.A. 12-1263 Same; board a municipal corporation.

12-1263. Same; board a municipal corporation. The board shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes, under the name and style of "the board of trustees of the Topeka and Shawnee county public library" and under such name may contract, sue and be sued and acquire, hold and convey real and personal property in accordance with law. L. 1992, ch. 133, § 4; July 1.

K.S.A. 12-1264 Same; organization of board; officers; meetings; treasurer's bond; treasurer's reports.

12-1264. Same; organization of board; officers; meetings; treasurer's bond; treasurer's reports. (a) Each year the members of a library board shall meet and organize by the election of a chairperson, a secretary and a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meetings and special meetings may be called by the chairperson or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purpose for which called, unless waived, shall be given to each member of the board at least two days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting. (b) The treasurer of the library board shall give bond, in an amount fixed by the board and approved by the governing body of the city and county, for the safekeeping and due disbursement of all funds that may come into the treasurer's hands. The bond shall be filed with the clerk of the county. Except where otherwise provided by law, the county treasurer shall pay over to the treasurer of the library board all funds collected for the maintenance of the library, and the treasurer of the library board shall pay out the funds on orders of the board signed by the secretary and chairperson thereof. Such treasurer shall keep an accurate record of all moneys received and disbursed thereby and make a report thereof to the library board monthly, or as often as the board requires. L. 1992, ch. 133, § 5; July 1.

K.S.A. 12-1265 Same; use of library; rules and regulations.

12-1265. Same; use of library; rules and regulations. The library shall be free to the use of the residents of the library district, subject always to such reasonable rules and regulations as the library board may adopt. The board may exclude from the use of the library any and all persons who shall willfully violate such rules. The library board may extend the use and privilege of such library to nonresidents of the district and may make exchanges of books with any other library upon such terms and conditions as the board may from time to time by its regulations prescribe. L. 1992, ch. 133, § 6; July 1.

K.S.A. 12-1266 Same; powers and duties of board; annual payments to certain libraries.

12-1266. Same; powers and duties of board; annual payments to certain libraries. The board shall have the power: (a) To make and adopt rules and regulations for the administration of the library; (b) to purchase or lease a site or sites and to lease or erect a building or buildings for the use of the library; (c) to acquire by purchase, gift or exchange, books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph records and other material and equipment deemed necessary by the board for the maintenance and extension of modern library service; (d) to employ a librarian and such other employees as the board deems necessary and to remove them and to fix their compensation; (e) to establish and maintain a library or libraries and traveling library service within the district or within any other municipality with which service contract arrangements have been made; (f) to contract with other libraries or with the governing body of a municipality for the furnishing of library service to the inhabitants of such municipality to the extent and upon such terms as may be agreed upon, and to contract with any school board to furnish library service to any school library or to use the library facilities of the public school to supplement the facilities of the public library; (g) to receive, accept and administer any money appropriated or granted to it by the state or the federal government or any agency thereof for the purpose of aiding or providing library service; (h) to receive and accept any gift or donation to the library and administer the same in accordance with any provisions thereof. If no provisions are specified, the board shall have the power to hold, invest or reinvest the gift and any dividends, interest, rent or income derived from the gift in the manner the board deems will best serve the interests of the library; (i) to make annual reports to the state librarian and the governing body of the city and county on or before January 31 of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control, and showing such statistical information relating to library materials acquired and on hand, number of library users, library services available, and other information of general interest as the governing body requires; (j) to place money received from sources other than a tax levy for library purposes in a separate fund or funds or in the fund to which the tax levy money is credited unless the grantor or donor directs how and for what purpose the money shall be handled and spent; and (k) subject to the provisions of subsection (f), the board shall pay annually to the Rossville public library and to the Silver Lake public library a sum of money equal to 50% of the amount of money each such library has budgeted for the annual operation and maintenance of such library. The first such payment shall be made payable and delivered to the Rossville public library and to the Silver Lake public library on or before the 31 st day of December first following approval of the creation of the district at the election conducted pursuant to K.S.A. 12-1261 , and each year thereafter. Such payments shall be in lieu of annual grants such township libraries receive from the northeast Kansas library system. L. 1992, ch. 133, § 7; July 1.

K.S.A. 12-1267 Same; annual budget; tax levy to support library; procedure to increase levy.

12-1267. Same; annual budget; tax levy to support library; procedure to increase levy. (a) The board shall prepare, publish and approve an annual budget for the maintenance and support of the library and may levy a tax not to exceed five mills on all taxable tangible property in the library district. At least 10 days prior to filing the adopted budget with the county clerk, the board shall submit the budget to the governing body of the city and county for review thereby. (b) Whenever the board determines that the tax levy of five mills authorized by subsection (a) is insufficient to maintain and support the library, the board shall adopt a resolution declaring it necessary to increase the annual levy by an additional amount not to exceed ¼ mill in any one year up to a total amount which shall not exceed an amount equal to eight mills in any year. (c) Any such resolution adopted under subsection (b) shall state the total amount of the tax to be levied for library purposes and shall be published once each week for two consecutive weeks in the official county newspaper. Whereupon such annual levy in an amount not to exceed the amount stated in the resolution may be made for the ensuing budget year and each successive budget year unless a petition, signed by at least 5% of the qualified electors of the library district, requesting an election upon the proposition to increase the tax levy in excess of the current tax levy is filed with the county election officer within 60 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and having been approved by a majority of the electors of the library district voting at an election called and held thereon. All such elections shall be called and held in the manner provided by the general bond law. Such taxes shall be levied and collected in like manner as other taxes, which levy the board shall certify, on or before August 25 of each year, to the county clerk who is hereby authorized and required to place the same on the tax roll of the county to be collected by the county treasurer and paid over by the county treasurer to the treasurer of such board. (d) The levy authorized by this section shall not be deemed a levy of the city or county, and shall be in addition to all other levies authorized or limited by law. L. 1992, ch. 133, § 8; July 1. Attorney General's Opinions: Suspension of statutory fund mill levy rate increases as applicable to recreation commissions. 2002-44.

K.S.A. 12-1268 Same; capital improvement fund.

12-1268. Same; capital improvement fund. If the library occupies a public building upon a site acquired therefor and the building and site are free from any bonded indebtedness, then an amount not to exceed 20% of any annual budget prepared, published and approved by the board may be allocated to a special accruing fund for the cost of erecting and equipping any addition to, or branch of, such library and for the acquisition of any additional site required for the erection of any such addition, branch or parking facility for use by the patrons of such library. Expenses for major capital improvements or major equipment purchases to cover such matters as, but not limited to, major roof repair, new computerized circulation or security systems and bookmobile replacement also may be paid with funds from the special accruing fund. L. 1992, ch. 133, § 9; July 1.

K.S.A. 12-1269 Same; contracts with other municipalities for library services.

12-1269. Same; contracts with other municipalities for library services. The governing body of any municipality not maintaining a library may contract with the board for the furnishing of library service to such municipality, and to pay the costs of such library service the municipality is hereby authorized to levy a tax in the amount authorized to be levied by such municipality for the establishment and maintenance of a library and, in the case of cities and counties, to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 , and amendments thereto, by cities located in the county. L. 1992, ch. 133, § 10; July 1.

K.S.A. 12-1270 Same; issuance of bonds; purpose; election; tax levy.

12-1270. Same; issuance of bonds; purpose; election; tax levy. The board may issue general obligation bonds of the library district for the purpose of constructing, reconstructing, repairing, remodeling, furnishing and equipping any buildings or additions thereto, together with sites therefor, for library purposes. No bonds shall be issued until the question of their issuance and the amount of such issuance has been submitted to a vote of the qualified electors of the library district at any special, general or primary election, and a majority of the qualified electors voting thereon votes in favor thereof. The election shall be called and held and the bonds shall be issued, sold, delivered, registered and retired in the manner provided by the general bond law. Bonds issued pursuant to this section shall not be subject to or within any bonded debt limit of the city or county. The board shall have the power to levy a tax against all taxable tangible property in the library district for the purpose of paying the principal of, redemption premium, if any, and interest on any bonds issued pursuant to this section. L. 1992, ch. 133, § 11; July 1.

K.S.A. 12-1276 Leavenworth and Leavenworth county library district; creation; powers and duties of board; tax levy; budget; payments to certain libraries.

12-1276. Leavenworth and Leavenworth county library district; creation; powers and duties of board; tax levy; budget; payments to certain libraries. (a) When used in this section: (1) "County" means Leavenworth county; (2) "city" means the city of Leavenworth, Kansas; (3) "library district" means all territory located within Leavenworth county except that territory located within the corporate limits of the city of Tonganoxie and Linwood community library district No. 1 and Basehor community library district No. 2; (4) "board" means the library board of trustees appointed pursuant to the provisions of this act; (5) "library" means a library which serves the general public and is supported in whole or in part with tax money and shall be called the Leavenworth county library; (6) "governing body" means the governing body of a city or the board of county commissioners of a county; (7) "maintenance and support" means the general and usual cost and expense of operating a library. (b) The proposition to establish a library district in Leavenworth county may be submitted to the qualified electors of the proposed library district. The proposition shall be submitted in the same manner and subject to the conditions provided in K.S.A. 12-1261 . (c) Except as provided by subsections (d) and (e), if the proposition to establish a library district is approved, the library district and board shall have the powers, duties and functions of a library district created pursuant to K.S.A. 12-1261 . (d) The board of a library district created pursuant to this section shall not have the power to issue general obligation bonds as authorized by K.S.A. 12-1270 . (e) (1) The board of a library district created pursuant to this section shall prepare, publish and approve an annual budget for the maintenance and support of the library and may levy a tax not to exceed 3¾ mills on all taxable tangible property in the library district. At least 10 days prior to filing the adopted budget with the county clerk, the board shall submit the budget to the governing body for review thereby. (2) Whenever the board determines that the tax levy of 3¾ mills authorized by paragraph (1) is insufficient to maintain and support the library, the board shall adopt a resolution declaring it necessary to increase the annual levy by an additional amount not to exceed ¼ mill in any one year up to a total amount which shall not exceed an amount equal to eight mills in any year. (3) Any such resolution adopted under paragraph (2) shall state the total amount of the tax to be levied for library purposes and shall be published once each week for two consecutive weeks in the official county newspaper. Whereupon such annual levy in an amount not to exceed the amount stated in the resolution may be made for the ensuing budget year and each successive budget year unless a petition, signed by at least 5% of the qualified electors of the library district, requesting an election upon the proposition to increase the tax levy in excess of the current tax levy is filed with the county election officer within 60 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and having been approved by a majority of the electors of the library district voting at an election called and held thereon. All such elections shall be called and held in the manner provided by the general bond law. Such taxes shall be levied and collected in like manner as other taxes, which levy the board shall certify, on or before August 25 of each year, to the county clerk who is hereby authorized and required to place the same on the tax roll of the county to be collected by the county treasurer and paid over by the county treasurer to the treasurer of such board. (4) The levy authorized by this section shall not be deemed a levy of the city or county, and shall be in addition to all other levies authorized or limited by law. (f) (1) Subject to the provisions of subsection (f) of K.S.A. 12-1266 , the board shall pay annually to the city of Tonganoxie the sum of money equal to 35% of the amount of money such city has budgeted for the annual operation and maintenance of such city's library. The first such payment shall be made payable and delivered to the city on or before the 31 st day of December first following approval of the creation of the district at the election conducted pursuant to K.S.A. 12-1261 , and each year thereafter. Such payments shall be in lieu of annual grants such township libraries receive from the northeast Kansas library system. (2) Subject to the provisions of subsection (f) of K.S.A. 12-1266 , the board shall pay annually to Basehor community library district No. 2 the sum of money equal to 25% of the amount of money such district has budgeted for the annual operation and maintenance of such district's library. The first such payment shall be made payable and delivered to such library district on or before the 31 st day of December first following approval of the creation of the district at the election conducted pursuant to K.S.A. 12-1261 , and each year thereafter. Such payments shall be in lieu of annual grants such township libraries receive from the northeast Kansas library system. (3) Subject to the provisions of subsection (f) of K.S.A. 12-1266 , the board shall pay annually to Linwood community library district No. 1 the sum of money equal to 30% of the amount of money such district has budgeted for the annual operation and maintenance of such district's library. The first such payment shall be made payable and delivered to such library district on or before the 31 st day of December first following approval of the creation of the district at the election conducted pursuant to K.S.A. 12-1261 , and each year thereafter. Such payments shall be in lieu of annual grants such township libraries receive from the northeast Kansas library system. L. 1992, ch. 133, § 12; July 1. Attorney General's Opinions: Suspension of statutory fund mill levy rate increases as applicable to recreation commissions. 2002-44.

K.S.A. 12-1281 Independence area library district act; definitions.

12-1281. Independence area library district act; definitions. When used in this act and unless otherwise specifically provided therein: (a) "Board of education" means the board of education of unified school district no. 446; (b) "county" means Montgomery county; (c) "city" means the city of Independence, Kansas; (d) "library district" means all territory located within the boundaries of unified school district no. 446 and within Montgomery County, Kansas; (e) "board" means the library board of trustees appointed pursuant to the provisions of this act; (f) "library" means a library which serves the general public and is supported in whole or in part with tax money and shall be called the Independence area public library; (g) "governing body" means the governing body of the city of Independence, Kansas or the board of county commissioners of Montgomery county, Kansas; and (h) "maintenance and support" means the general and usual cost and expense of operating a library. L. 2002, ch. 68, § 3; July 1.

K.S.A. 12-1282 Same; procedure to create district; election; existing contracts and obligations.

12-1282. Same; procedure to create district; election; existing contracts and obligations. (a) The board of trustees of the Independence public library may adopt a resolution proposing to create a library district. A copy of such resolution shall be filed with the county election officer who shall call and hold an election thereon. Such election shall be called and held in the manner provided by the general bond law. (b) If a majority of the qualified electors of the proposed library district on the proposition vote in favor thereof: (1) A library shall be established and maintained and a library board shall be appointed as provided in this act; (2) all contracts entered into by the board of directors of the Independence public library shall be binding on the library board appointed pursuant to this act; and (3) all outstanding bonds, debts and other obligations of the Independence public library shall become an obligation of the Independence area public library except that all bonds and debts relating to the ownership or improvement of the real property in which the Independence public library operates shall remain an obligation of the city of Independence, Kansas. L. 2002, ch. 68, § 4; July 1.

K.S.A. 12-1283 Same; library board; terms; expenses.

12-1283. Same; library board; terms; expenses. (a) Any library district created pursuant to the provisions of K.S.A. 12-1282 , and amendments thereto, shall be governed by a board of trustees. Such board shall consist of seven members. Four members shall be appointed by the governing body of the city of Independence, Kansas and shall be residents of the city. Two members shall be appointed by the board of education. Members appointed by the board of education shall be residents of the library district, who reside outside the corporate limits of the city of Independence but within the boundaries of unified school district no. 446. One member shall be appointed by the governing body of the city of Elk City, Kansas. (b) Members of the board of directors of the Independence public library serving prior to the election creating the library district shall continue on the board until the expiration of the term for which originally appointed. Such members shall be eligible for reappointment. The board of education shall appoint two members to the library board within 60 days following the election approving the creation of the district. Such members appointed by the board of education and the member appointed by the governing body of the city of Elk City, Kansas shall serve for terms expiring the second April 30 following the date of appointment. Upon expiration of the terms of such members, succeeding members shall be appointed for terms of four years. (c) Except as provided by this section, members of the library board shall be appointed for terms of four years and until their successors are appointed and qualified. Vacancies on the library board shall be filled by appointment for the unexpired term. (d) Members of the library board shall receive no compensation but shall be paid their actual and necessary expenses in attending meetings and in carrying out their duties as members of the board. L. 2002, ch. 68, § 5; July 1.

K.S.A. 12-1284 Same; library board, powers.

12-1284. Same; library board, powers. The board shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes, under the name and style of "the board of trustees of the Independence area public library" and under such name may contract, sue and be sued and acquire, hold and convey personal property in accordance with law. L. 2002, ch. 68, § 6; July 1. Cross References to Related Sections: See also 12-1287.

K.S.A. 12-1285 Same; library board, organization; treasurer's bond.

12-1285. Same; library board, organization; treasurer's bond. (a) Each year the members of a library board shall meet and organize by the election of a chairperson, a secretary and a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meetings and special meetings may be called by the chairperson or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purpose for which called, unless waived, shall be given to each member of the board at least two days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting. (b) The treasurer of the library board shall give bond, in an amount fixed by the board and approved by the governing body of the city and the board of education, for the safekeeping and due disbursement of all funds that may come into the treasurer's hands. The bond shall be filed with the county clerk. Except where otherwise provided by law, the county treasurer shall pay over to the treasurer of the library board all funds collected for the maintenance of the library, and the treasurer of the library board shall pay out the funds on orders of the board signed by the secretary and chairperson thereof. Such treasurer shall keep an accurate record of all moneys received and disbursed thereby and make a report thereof to the library board monthly, or as often as the board requires. L. 2002, ch. 68, § 7; July 1.

K.S.A. 12-1286 Same; use of library; rules and regulations.

12-1286. Same; use of library; rules and regulations. The library shall be free for the use of the residents of the library district, subject always to such reasonable rules and regulations as the library board may adopt. The library board may exclude from the use of the library any and all persons who shall willfully violate such rules. The library board may extend the use and privilege of such library to nonresidents of the district, charge nonresidents a reasonable fee therefor and make exchanges of books with any other library upon such terms and conditions as the library board may from time to time by its regulations prescribe. L. 2002, ch. 68, § 8; July 1.

K.S.A. 12-1287 Same; library board; powers and duties.

12-1287. Same; library board; powers and duties. The library board shall have the power: (a) To make and adopt rules and regulations for the administration of the library; (b) to lease a site or sites and to lease a building or buildings for the use of the library; (c) to acquire by purchase, gift or exchange, books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph records and other material and equipment deemed necessary by the board for the maintenance and extension of modern library service; (d) to employ a librarian and such other employees as the board deems necessary and to remove such employees and to fix their compensation; (e) to establish and maintain a library or libraries and traveling library service within the district or within any other municipality with which service contract arrangements have been made; (f) to contract with other libraries or with the governing body of a municipality for the furnishing of library service to the inhabitants of such municipality to the extent and upon such terms as may be agreed upon, and to contract with any school board to furnish library service to any school library or to use the library facilities of the public school to supplement the facilities of the public library; (g) to receive, accept and administer any money appropriated or granted to it by the state or the federal government or any agency or subdivision thereof for the purpose of aiding or providing library service; (h) to receive and accept any gift or donation to the library and administer the same in accordance with any provisions thereof. If no provisions are specified, the board shall have the power to hold, invest or reinvest the gift and any dividends, interest, rent or income derived from the gift in the manner the board deems will best serve the interests of the library; (i) to receive and accept any grant, gift, donation or appropriated or other funds from the United States government, or its agencies, or any other source whatsoever for the purposes of the library district established under this act; (j) to make annual reports to the state librarian and the governing body of the city of Independence and board of education on or before January 31 of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control, and showing such statistical information relating to library materials acquired and on hand, number of library users, library services available, and other information of general interest as the governing body requires; and (k) to place money received from sources other than a tax levy for library purposes in a separate fund or funds or in the fund to which the tax levy money is credited unless the grantor or donor directs how and for what purpose the money shall be handled and spent. L. 2002, ch. 68, § 9; July 1. Cross References to Related Sections: See also 12-1284.

K.S.A. 12-1288 Same; budget; tax levy; financial records, audit.

12-1288. Same; budget; tax levy; financial records, audit. (a) The library board shall prepare an annual budget for the maintenance, support and operation of the library. Prior to the certification of its budget to the board of education, the library board shall meet for the purpose of answering and hearing objections of taxpayers relating to the proposed budget and for the purpose of considering amendments to such proposed budget. The library board shall give at least 10 days' notice of the time and place of the meeting by publication in a weekly or daily newspaper having a general circulation in the taxing district. Such notice shall include the proposed budget and shall set out all essential items in the budget except such groupings as designated by the director of accounts and reports on a special publication form prescribed by the director of accounts and reports and furnished with the regular budget form. The public hearing required to be held herein shall be held not less than 10 days prior to the date on which the library board is required to certify its budget to the board of education. After such hearing the budget shall be adopted or amended and adopted by the library board. In order to provide funds to carry out the provisions of this act, the library board shall annually, not later than August 1 of any year, certify its budget to the board of education which shall levy a tax at a rate of not to exceed 1.2 mills on all the taxable tangible property within the taxing district. Each year a copy of the budget adopted by the library board shall be filed with the clerk of the board of education. A copy of such budget also shall be filed with the county clerk of Montgomery County, Kansas. The board of education shall not be required to levy a tax in excess of the maximum tax levy set by the board of education by current resolution. Whenever the library board determines that the tax currently being levied for the library, as previously established by the board of education, is insufficient to operate the library and the library board desires to increase the mill levy above the current levy, the library board may request that the board of education authorize an increase by adopting a resolution declaring it necessary to increase the annual levy. The board of education may authorize the increase by resolution, but such increase shall not exceed .25 mill per year. (b) Any resolution adopted under subsection (a) shall state the total amount of the tax to be levied for the library board and shall be published once each week for two consecutive weeks in the official newspaper of the taxing district. Whereupon, such annual levy in an amount not to exceed the amount stated in the resolution may be made for the ensuing budget year and each successive budget year unless a petition requesting an election upon the proposition to increase the tax levy in excess of the current tax levy, signed by at least 5% of the qualified voters of the taxing district, is filed with the county election officer within 30 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and having been approved by a majority of the voters of the taxing district voting at an election called and held thereon. All such elections shall be called and held in the manner provided by the general bond law, and the cost of the election shall be borne by the library board. Such taxes shall be levied and collected in like manner as other taxes, which levy the board of education shall certify, on or before August 25 of each year, to the county clerk who is hereby authorized and required to place the same on the tax roll of the county to be collected by the county treasurer and paid over by the county treasurer to the treasurer of the library board. (c) The tax levy provided in this section shall not be considered to be a levy of the board of education, the city or county school district under any of the statutes of this state, but shall be in addition to all other levies authorized or limited by law. (d) At any time after the making of the first tax levy pursuant to this act, the amount of such tax levy may be reduced by a majority of the voters of the taxing district voting at an election called pursuant to a petition signed by at least 10% of the qualified voters residing in the taxing district and conducted in the same manner as that prescribed by subsection (b). If the petition submitted is for the purpose of reducing the mill levy, it shall state the mill levy reduction desired. Upon revocation, all property and money belonging to the library board shall become the property of the city of Independence, Kansas, and the library district shall be dissolved. (e) All financial records of the library board shall be audited as provided in K.S.A. 75-1122 , and amendments thereto, and a copy of such annual audit report shall be filed with the board of education. A copy of such audit also shall be filed with the county clerk of the county in which the library is located. The cost of each audit shall be borne by the library board. (f) Notwithstanding any other provision of law, upon the date the tax levy provided for in this act takes effect, no tax levy on land within the library district created by this act shall be imposed, required or collected to support a regional system of cooperating libraries. L. 2002, ch. 68, § 10; July 1.

K.S.A. 12-1289 Same; citation of act.

12-1289. Same; citation of act. K.S.A. 12-1281 through 12-1289 shall be known and may be cited as the Independence area library district act. L. 2002, ch. 68, § 11; July 1.

K.S.A. 12-1294 Eudora community library district act; purpose of act.

12-1294. Eudora community library district act; purpose of act. (a) This act shall be known and may be cited as the Eudora community library district act. (b) The purpose of this act is to allow for the city of Eudora to continue being a part of a library district previously established by the city of Eudora and the Eudora township under the provisions of K.S.A. 12-1236 et seq., as in effect in 1968, which allows cities of the third class to join with townships to form a library district. The city of Eudora was declared to be a city of the second class in 2010 and thereafter was not considered part of the library district. L. 2019, ch. 12, § 1; April 11.

K.S.A. 12-1295 Same; definitions.

12-1295. Same; definitions. When used in the Eudora community library district act: (a) "Eudora community library district" means all territory located within the boundaries of the city of Eudora and the Eudora township; and (b) "board" means the board of directors of the Eudora community library district appointed pursuant to the provisions of this act. L. 2019, ch. 12, § 2; April 11.

K.S.A. 12-1296 Library district creation; appointed board as provided by joint resolution.

12-1296. Library district creation; appointed board as provided by joint resolution. (a) The governing body of the city of Eudora and the Eudora township board shall adopt a joint resolution creating a library district. The joint resolution creating the Eudora community library district shall include the following provisions: (1) The library district board shall be appointed as provided in the joint resolution; (2) the library district board shall replace the existing Eudora township library board; and (3) the Eudora community library district shall maintain the Eudora township public library at the discretion of the library district board. (b) A copy of the joint resolution creating the Eudora community library district shall be filed with the county clerk. L. 2019, ch. 12, § 3; April 11.

K.S.A. 12-1297 Existing contracts, debt obligations.

12-1297. Existing contracts, debt obligations. All contracts previously entered into by the Eudora township library district shall be binding on the Eudora community library district and all outstanding bonds, debts and other obligations of the Eudora township library district shall become an obligation of the Eudora community library district. L. 2019, ch. 12, § 4; April 11.

K.S.A. 12-1298 Library district board membership appointed; no compensation; expenses allowed.

12-1298. Library district board membership appointed; no compensation; expenses allowed. (a) A library district created pursuant to this act shall be governed by a library district board. The board shall consist of five directors who shall be qualified electors of the library district and shall have terms of office as established by the joint resolution. Board members appointed by the Eudora township library board shall continue to serve in their offices as directors of the Eudora community library district board until their respective terms expire and until their successors are appointed by the city of Eudora and the Eudora township as provided in the joint resolution. (b) Directors serving on the library district board shall receive no compensation, but shall be reimbursed for their actual and necessary expenses in attending meetings and in carrying out their duties as directors. L. 2019, ch. 12, § 5; April 11. Attorney General's Opinions: Members of library board must be appointed, not elected. 2021-2.

K.S.A. 12-1299 Meetings; bond for treasurer required.

12-1299. Meetings; bond for treasurer required. (a) Each year the directors serving on the Eudora community library district board shall meet and organize by the election of a chairperson, secretary, treasurer and such other officers as the board may deem necessary by a majority vote. The board shall fix the date and place of its regular meetings. Special meetings may be called by the chairperson or a majority vote of the library district board. Written notice stating the time, place and purpose of any special meeting, unless waived, shall be given to each director at least two days prior to such meeting, and no business other than that stated in the notice shall be transacted at such meeting. The library district board may adopt such bylaws as the library district board may deem appropriate, consistent with the provisions of this act. (b) The treasurer of the library district board shall give bond, in an amount fixed by the library district board. The bond shall be filed with the Douglas county clerk. Except where otherwise provided by law, the Douglas county treasurer shall pay over to the treasurer of the library district board all funds collected for the maintenance of the library or libraries within the library district, and the treasurer of the library district board shall pay out the funds on orders of the board, signed by the secretary and chairperson of the board. The treasurer of the library district board shall keep an accurate record of all moneys received and disbursed thereby and make a monthly report thereof to the library district board, or as often as the board requires. L. 2019, ch. 12, § 6; April 11.
Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch12.htmlFetched: 10/20/2026

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