ESTABLISHMENT OF LIBRARY. Letter, June 20, 1973, Dean C. Gross, State Librarian.

Pursuant to the authority provided by K.S.A. 75-2552, K.A.R. 54-1-17 provides in pertinent part thus:

"Whenever (1) a public library is established according to law after the date of establishment of a regional system of cooperating libraries in which such public library is included as a part of the taxing district of the regional system of cooperating libraries and (2) if the governing body of such public library has regularly levied one-fourth mill or more of tax for support of said public library for a period of not less than two years, then, such governing body may petition the state library advisory commission for exclusion from the regional system of cooperating libraries taxing district." [Emphasis supplied.]

K.S.A. 12-1230 states thus:

"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."

You inquire whether a municipality may be deemed to have "established" a public library "according to law" by entering into a contract with another municipality or library for the furnishing of library services. In our opinion, the entering into such a contract does not constitute the establishment of a public library, K.S.A. 12-1219 commences thus:

"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. . . ."

The furnishing of library services, pursuant to a contract or other arrangement, does not in and of itself constitute the establishment of a library. Legal procedures are set forth whereby a municipality may establish a library within its jurisdiction. Mere provision of services by another library does not constitute establishment of a library, within the meaning of K.A.R. 54-1-17.

- Quoted from Kansas Public Library Laws, Attorney General’s Opinions and Rules and Regulations, State Library of Kansas, March 1979.


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