Kansas Library Laws

CITIES AND MUNICIPALITIES - LIBRARIES - FUNDS. Letter, February 16, 1978, to Thomas A. Glinstra, Acting City Attorney, Olathe, Kansas.

Synopsis: The proceed of a general obligation bond issue, approved and sold for the purpose of erecting and equipping a public library which is operated pursuant to K.S.A. 12-1218 et seq., should be paid over by the city treasurer to the treasurer of the library board for its use and disbursement.

You advise that on November 8, 1977, the City of Olathe, Kansas held a special election pursuant to K.S.A. 12-1736 and -1737, at which the voters approved the issuance of $1,600,000 in general obligation bonds for the purpose of acquiring a site for the construction and equipping of an public library. A question has arisen, however, whether the city commission or the library board is empowered to receive and disburse the proceeds derived from the sale of bonds.

Under K.S.A. 12-1233, the library board of a library established pursuant to K.S.A. 12-1218 et seq. is constituted 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. K.S.A. 12-1225 enumerates the powers of the library board. Under subparagraph (b), it may, "with the approval of the governing body of the municipality, . . . purchase or lease a site or sites and . . . lease or erect a building or buildings for the use of the library." In other provisions of this section, the board is given broad powers for the complete operation and maintenance of the library facility and the furnishing of library service. Indeed, by statute, the broad powers of the municipality itself respecting the erection or acquisition of the facility, the acquisition of library materials and equipment, the employment of library staff, the receipt and disbursement of gifts, donations and grants, and virtually all other powers necessary and incidental to the furnishing and operation of library service under the act are vested in the library board. The act does reserve to the city governing body the authority to approve or disapprove the purchase or lease of sites and the erection of buildings for library purposes, and the acquisition or disposition of real property. Subject to express reservations of power in the city governing body, the library board is expressly authorized by the broad grants of power in K.S.A. 12-1225 to do all things necessary and appropriate for the furnishing of library services and facilities. Moreover, as you point out, K.S.A. 12-1226 provides that 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 payout said funds on orders or the board signed by the secretary and chairman, thereof."

Although K.S.A. 12-1226 requires the city treasurer to turn over to the library treasurer all funds collected for the "maintenance" of the library, there is no reason in the act to distinguish between funds for maintenance and funds for erection and equipping of a new library, because the powers both to establish a new library and to maintain an existing facility are both vested in the library board, subject, of course, to approval by the city governing body of any proposal to acquire a site for and erect a building for library purposes. The authority to undertake the actual purchase of property and to enter into contract for the construction and furnishing of the facility is vested in the library board, and in my judgement, the proceeds of the bond issue which sold for that purpose should be paid over to the treasurer of the library board for its use and disbursement.

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

CITIES AND MUNICIPALITIES - LIBRARIES - LIBRARY BOARD POWERS. Letter, March 1, 1978, to Thomas A. Glinstra, Attorney at Law, Olathe, Kansas.

Synopsis: Once he city governing body approves the decision to erect a library building under K.S.A. 12-1225 (b), the authority and responsibility to implement and execute that decision, through the execution of contracts and the disbursement of funds therefor, rests solely with the library board.

Dear Mr. Glinstra:

We have your letter of February 22, 1978, inquiring whether in view of the statement and conclusions reached in Opinion No. 78-74, the "Library Board and not the City Commission is totally liable for the construction of the building and the ultimate disbursement of the funds." For the reasons stated in that opinion, repetition and elaboration of which is unnecessary here, that is a correct statement of my view of the powers of the library board. In my judgement, responsibility for the construction of the building, and for the execution of contracts therefor are the disbursement of funds therefor, rests exclusively with the library board, and not with the city commission. The city commission is required, of course, to approve the decision to construct the building, but once that approval is given, responsibility for execution of the project rests with the library board.

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

BOND ELECTION, ESTABLISHMENT OF VOTING PLACES, USE OF PROCEEDS OF LIBRARY BOOKS. Letter, December 20, 1966, to Mr. John J. Gardner, Attorney at Law, P.O. Box 88, Olathe, Kansas.

You have inquired of this office concerning certain questions which have arisen in connection with a proposed library bond election for the Johnson County Library. You state that the library is created under provisions of K.S.A. 12-1220 et seq.

You first inquire as to whether the Board of County Commissioners can establish voting places in proportion to the number of voters they expect. The bond election under the statute in question must be called and held in accordance with the provisions of the general bond law. (K.S.A. 12-1221) Section 10-120 of the general bond law provides that elections shall be held at the usual place of holding elections and shall be conducted by the officers or persons provided by law for holding elections in such municipality. Even though the territory to vote on the bond question at hand does not include the city of Olathe, the election to be conducted is in fact a county election. (K.S.A. 12-1221)

Johnson county comes within the provisions of the election commissioner statutes. (K.S.A. 1968 Supp. 19-3419 et seq.) K.S.A. 1968 Supp. 19-3422 transfers to such election commissioner all the jurisdiction, powers and duties previously vested in certain other officers. Said section also provides that all laws of the state relating to the registration, qualification, challenging and voting of electors at any election in any such county are make applicable to such count election commissioners. We interpret this to include the provisions contained in K.S.A. 1968 Supp. 25-2702 which provides that a voter shall not be eligible to vote in any precinct of the township or district other than the one in which he resides. Section 19-3426 provides as follows:

"The election commissioner shall proclaim the boundaries of all wards and election precincts in the county by one publication in the official paper of the county. Such publication shall be make at least thirty days prior to any election."

We are therefore of the opinion that the requirement of section 10-120 requiring bond elections to be held at the usual place of holding elections in the municipality would require that polling places be established to coincide with the polling place of the general election in the county, exclusive of the city of Olathe.

Lastly, you have inquired as to whether the bond proceeds can be used to purchase books for the library. K.S.A. 12-1221 provides in part as follows:

"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. . . ."

It therefore becomes necessary to determine what is included in the term "equipment" as such term is used in the statute.

In the case of Edkins v. Board of Education (N.Y.), 41 N.E. 2d 75, the court called upon to construe a statute which provided as follows:

"Subject to the provisions of this chapter, the board of education in a city shall have the power and it shall be its duty . . .
"4. To purchase and furnish such apparatus, maps, globes, books, furniture and other equipment and supplies as may be necessary for the proper and efficient management of the schools and other educational . . . activities and interests under its management and control."

The court said:

"We think that the word 'equipment' in the statute includes not only books and pencils but protective clothing for child students similar to that necessarily furnished by employers to men performing the same machine shop operation in industry."

It would be the opinion of this office that the term "equipment" as used in section 12-1221 includes books to be placed in a library and that the proceeds of the bond issue may lawfully be used to purchase such books. This being the case, we see no objection to stating in the ballot that the money will also be used for the purchase of books, although we feel that such recital is required if the proposition otherwise informs the voters that the proceeds will be used to equip the library.

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

CITIES AND MUNICIPALITIES - LIBRARIES - EFFECT OF COUNTY HOME RULE STATUTE. Lyndus A. Henry, Johnson County Counselor, Olathe, September 2, 1983.

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The county home rule statue, K.S.A. 1982 Supp. 19-101a, as amended, authorizes counties to transact all county business and to enact local legislation except that counties are subject to acts of the legislature which apply uniformly to all counties. If there are no statures uniformly applicable, counties may enact local legislation not contrary to state statutes by ordinary resolution. In proposed local legislation conflicts with or is contrary to nonuniform state legislation the county must act through charter resolution.
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The state statutes concerning the Mental Health and Mental Retardation Boards and the Library Board are uniform in application to counties and cannot be modified by the county through the exercise of home rule powers. Cited herein: 12-1219, 12-1222, 12-1225, 12-1901 et seq., K.S.A. 1982, Supp. 19-101a, as amended by L. 1983, chs. 91 and 92, K.S.A. 19-101b, 19-101c, 19-2859, 19-2861, 19-2862, 19-2863, 19-2867, 19-2868, as amended by L. 1983, ch. 101, K.S.A. 19-4001, 19-4002(a), 19-4003, 19-4009.

- Summary quoted from "Opinions of the Attorney General, Opinions of Robert T. Stephan, Attorney General", Volume XVII, State of Kansas, 1983.