The Fifty State Library Laws Survey

Transcription

1 The Political Librarian Volume 2 Issue 2 Article The Fifty State Library Laws Survey Kyle K. Courtney Harvard University, kyle_courtney@harvard.edu Emily Kilcer Harvard University, emily_kilcer@harvard.edu Sarah Racicot Harvard University, sarah_racicot@harvard.edu Follow this and additional works at: Part of the Library and Information Science Commons, and the Public Affairs, Public Policy and Public Administration Commons Recommended Citation Courtney, Kyle K.; Kilcer, Emily; and Racicot, Sarah (2016) "The Fifty State Library Laws Survey," The Political Librarian: Vol. 2 : Iss. 2, Article 8. Available at: This White Paper is brought to you for free and open access by Washington University Open Scholarship. It has been accepted for inclusion in The Political Librarian by an authorized administrator of Washington University Open Scholarship. For more information, please contact digital@wumail.wustl.edu.

2 Vol 2 Issue 2 Dec 2016 The Political Librarian 17 The Fifty-State Library Survey John Chrastka, Executive Director, EveryLibrary During Midwinter 2016 in Boston, a working group of library organizations met to discuss possible joint projects to benefit the library industry. One foundational project that was identified was to help public libraries better understand what revenue models are available in state and local tax codes. As an industry we lack comprehensive current insights into the legal framework under which libraries can set a tax rates. COSLA, the Chief Officers of State Library Agencies, and EveryLibrary volunteered to conduct a state-by-state survey of library laws covering the various modes of governance and authority to tax exercised by public libraries as either independent districts or within a municipal structure. Our colleague and EveryLibrary Advisor Kyle Courtney from Harvard Libraries graciously lent his research team to aid in the compilation of this narrative survey of state library laws. We expect that an open data set and a data visualization tool will be forthcoming in 2017 to be hosted on the COSLA website. We expect the results to have many uses across library organizations and for library planning

3 Vol 2 Issue 2 Dec 2016 The Political Librarian 18 Fifty-State Library Survey - Western States Kyle K. Courtney, Harvard Library Office for Scholarly Communication & Law Advisor to EveryLibrary Emily Kilcer, Harvard Library Office for Scholarly Communication, Project Coordinator Sarah Racicot, Harvard Library Office for Scholarly Communication, Copyright Fellow '16 Alabama Relevant Law Within Title 11 (Counties and Municipal Corporations) Subtitle 3 (Provisions Applicable to Counties and Municipal Corporations), Chapter 90 covers libraries. Within Title 45 (Local Laws) there are chapters for various counties. Most of these county chapters only have provisions detailing law libraries, but there are a few that mention public libraries. The Alabama Constitution has an amendment authorizing a tax for libraries. The Alabama Constitution also has local amendments that pertain to various counties, and some of these involve library taxation. Libraries can also be found in the municipal ordinances for various cities. Types of Libraries There are free public libraries established by either a county or a municipality. Political units may also contract for joint library service. I. Free Public Libraries A. In General (Alabama Code and Constitution) Counties county commissions and municipalities governing bodies may establish and maintain libraries either separately or in connection with public schools. The county commissions of the counties of this state and municipalities, through their governing bodies, may establish and maintain or aid in establishing and maintaining free public libraries for the use of the citizens of the respective counties or municipalities, either separately or in connection with public schools, and to that end may accept gifts, donations and bequests of land, buildings or money therefor and may make appropriations from the county or municipal treasury in support thereof in such sums as they may deem proper. Code of Ala Instead of establishing or maintaining a free public library exclusively for a single county or municipality, any county or municipality s free public library s library may board may contract, on behalf of the political unit it represents, with another political unit, governmental agency, or instrumentality s library board to establish and maintain joint library service under agreed upon terms. If there is no existing public library, the county s county commission or the municipality s governing body has this power to contract In lieu of establishing or maintaining free public libraries exclusively for a single county or municipality in the manner provided in this chapter, the library board of any county or municipality free public library may contract, in behalf of the political unit represented by such local library board, to and with the library board of another political unit or governmental agency or instrumentality with respect to the establishment or maintenance of joint library service upon such terms as may be agreed upon by the several contracting parties. Where there is no existing public library, the power thus to contract shall vest in the county commission of the county or the governing body of the municipality. Included in the power conferred is the determination of the basis and personnel of representation of the local political units on the joint library board administering the joint library service established under this section. Such board, when appointed, shall have the powers and duties granted by this chapter to county or municipal library boards. County and municipal library boards or joint library boards shall have the power to cooperate with all state and federal agencies and institutions in furtherance of the purpose of this chapter, and all municipal, county and joint library boards shall from time to time submit such records and reports as may be required by the public library service; provided, that nothing in this section shall be so construed as to infringe upon any municipal charter provisions governing the administration of existing free public libraries. Code of Ala The Alabama Constitution authorizes counties or incorporated municipalities within the state that support, jointly support, or propose to support a public library to levy and collect a special tax not exceeding.05 of 1% on the value of the taxable property within the county or municipality, as assessed for state taxation. The tax rate, the time the tax

4 Vol 2 Issue 2 Dec 2016 The Political Librarian 19 is to continue, and the tax s purpose must be submitted to a vote of the county or municipality s electors and voted for by a majority. There elections are to be conducted in the same way as elections on special school district tax levies. This tax is in addition to all other authorized taxes. In addition to all taxes now or hereafter authorized by the Constitution of Alabama, any county or any incorporated municipality within the state which supports, jointly supports, or proposes to support a public library is hereby authorized to levy and collect a special tax not exceeding five one hundredths of one per centum on the value of the taxable property within such county or municipality as assessed for state taxation, the proceeds of which shall be used exclusively for public library purposes; provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county or municipality and voted for by a majority of those voting at such election. Elections under this amendment shall be called, held and conducted in the same way as elections on special school district tax levies. Alabama Const. Art. XI, Sec B. Local Amendments in the Alabama Constitution 1. Baldwin County The Alabama Constitution authorizes Baldwin county, or any incorporated municipality within the county that supports, jointly supports, or proposes to support a public library, to levy and collect a special tax not exceeding $.45 on each $100 of taxable property within the county or municipality as assessed for state taxation. The tax s levying, rate, and purpose must first be submitted to a vote of the county or municipality s qualified electors and voted for by a majority. Upon a petition signed by 400+ qualified Baldwin county electors to the Baldwin county commission or a like governing body, or upon a petition signed by 200+ qualified electors of any municipality in the county, the county commission or municipality s governing body must order an election to determine if a special tax for public library purposes will be levied at a rate specified by the county or municipality s governing body. Elections for additional county taxes for county public library purposes must be held at the same time any other general or special election is held in which the entire county s voters are qualified to vote. Elections for municipal taxes for municipal library purposes must be held at the same time any other municipal election is held. A. In addition to all taxes now or hereafter authorized by the Constitution of Alabama, including amendment CCLXIX [?215.05], Baldwin county or any incorporated municipality within such county which supports, jointly supports, or proposes to support a public library is hereby authorized to levy and collect a special tax of not more than forty-five cents on each one hundred dollars worth of taxable property within such county or municipality as assessed for state taxation. The proceeds of all such taxes shall be used exclusively for public library purposes; provided, that the levy of such tax, the rate of such tax and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county or municipality and voted for by a majority of those voting at such election. B. Upon petition signed by four hundred or more qualified electors of Baldwin county to the Baldwin county commission or like governing body, or upon a petition signed by two hundred or more qualified electors of any municipality in such county to the governing body of such municipality, the county commission or the governing body of the municipality shall order an election to be held to determine whether a special tax shall be levied at the rate specified by the governing body of such county or municipality for public library purposes. C. Elections under this amendment relative to additional county taxes for county public library purposes shall be held at the same time any other general or special election is held in which the voters of the entire county are qualified to vote, and elections under this amendment relative to municipal taxes for municipal library purposes shall be held at the same time any other municipal election is held. D. If authorized by the vote of the majority of the qualified electors voting in any such election called for the purpose, the county or city governing body, as the case may be, shall levy and collect, in addition to all other taxes authorized by law, a special annual ad valorem tax at the rate prescribed and approved by the electors voting in the election. If the majority vote at any election held hereunder is not in favor of the levy of the tax, or if at any such election the special tax shall be voted at a rate of less than forty-five cents on each one hundred dollars worth of taxable property, then the governing body of the county or city, as the case may be, may from time to time thereafter call other elections hereunder on the levy of the special tax or on the increase of the rate thereof, up to but not exceeding a total amount of forty-five cents on each one hundred dollars of taxable property, and must call any such election at the next general or special countywide election or next municipal election, as the case may be, next following the receipt of a petition in the manner and form herein prescribed. Provided, however, that not more than one election upon the levy or upon the increase of the rate of the special tax shall be held during any period of twelve consecutive months. After the special tax shall have been levied for a period of three years, the governing body of the county or city, as the case may be, upon its own original action may from time to time thereafter call other elections hereunder on the question of the discontinuance of the tax or a reduction on the rate thereof, upon the

5 Vol 2 Issue 2 Dec 2016 The Political Librarian 20 payment in full of all obligations then outstanding, if any, and when a reduced rate will provide sufficient revenue for the purposes for which the tax was levied. If the majority of electors participating in the election vote in favor of the discontinuance or reduction in the rate of the tax, as the case may be, such discontinuance or reduction shall become effective for the tax year next succeeding the tax year in which such election is held. Provided, that not more than one election for the discontinuance or reduction in the rate of the special tax shall be held during any period of twelve consecutive months. All such elections shall be called, held and conducted in the same manner as are elections proposing the special tax. Alabama Const. Amend. BALDWIN Cty., Sec Chambers County Chambers County s governing body must, notwithstanding anything in Alabama s constitution or laws to the contrary, levy and collect a special county ad valorem or property tax at the rate of $.20 on each $100 of taxable property in the county for a period of ten fiscal (or ad valorem tax) years of the county to be used exclusively for public library purposes. This tax is in addition to any other authorized taxes. Public library purposes include the acquisition, construction, operation, maintenance and support of libraries operated or supported (in whole or in part) by the county, the Chambers County Library Board, or by another similar public or governmental body empowered by Alabama s constitution or laws to operate or support public libraries. Specifically mentioned for inclusion are a public library in the city of Lafayette owned by that city and a public library in the city of Valley now owned by a nonprofit. Public library purposes also include the payment of bonds principal or interest. The tax must be initially levied, without regard to any law that requires the levying of county taxes during a certain month or on or before a particular date, by the county s governing body so that it first becomes due and payable on the October 1 succeeding the election on the amendment. The governing body of Chambers County shall, subject to succeeding provisions of this amendment (including those relating to approval by the Chambers County electorate), and notwithstanding anything in the Constitution or laws of Alabama to the contrary, levy and collect a special county ad valorem or property tax at the rate of twenty cents ($.20) on each one hundred dollars ($100) of taxable property in said County, for a period of ten fiscal (or ad valorem tax) years of said County. Such tax shall be in addition to any taxes now authorized, or that may hereafter be authorized, by the Constitution and laws of Alabama to be levied and collected in Chambers County or by said governing body. The proceeds of the aforesaid tax shall be used exclusively for public library purposes in Chambers County, including particularly (but without limitation) (a) the acquisition, construction, reconstruction, improvement, enlargement, equipment, operation, maintenance and support (or any one or more thereof) of (1) any public library or libraries operated or supported (whether in whole or in part) by said County, by the Chambers County Library Board, or by any other similar public or governmental body empowered, under the Constitution and laws of Alabama, to operate or support public libraries, including particularly, but without limiting the generality of the foregoing, (i) that certain public library located in the City of Lafayette now owned by the City of Lafayette, and (ii) that certain public library located in the City of Valley now owned by a not-forprofit foundation or a not-for-profit corporation, and (2) any other public libraries, branch libraries or related public library facilities (including, without limitation, one or more buildings and any equipment and lands necessary therefor) located or to be located in Chambers County and forming or to form a part of the public library system of said County; and (b) the payment of principal of or interest (or premium, if any) on any bonds, warrants, notes or other securities (including, without limitation, refunding securities) issued by said County for public library purposes in Chambers County; provided, that any public library, branch library or related public library facilities described in the preceding provisions of this amendment shall be owned either by said County, said Chambers County Library Board or other public or governmental body, or by a not-for-profit corporation or other similar nonprofit organization (regardless of how denominated or organized); and provided further, (A) that the proceeds of such tax may be expended to pay any costs of constructing, reconstructing, improving or enlarging any additions or improvements to any building or buildings used or to be used (at least in part) by, or in connection with the operation of, the aforesaid public library located in the City of Valley, notwithstanding that such building or buildings may also then be used (or may thereafter be used) in part by, or in connection with the operation of, archives or other facilities that are not, and are not expected to be, operated for public library purposes, and (B) that none of the proceeds of such tax may be expended to pay any costs of operating, equipping, maintaining or supporting any such facilities that are not, and are not expected to be, operated for public library purposes. In expending (or causing to be expended) the proceeds of such tax for the purposes herein authorized, and in otherwise carrying out the purposes of this amendment, the governing body of Chambers County shall not be subject to the provisions of Sections 93 and 94 of the Constitution, as amended. If this amendment is approved, and if a majority of the qualified electors of Chambers County who vote at the election thereon vote in favor of this amendment, then the tax hereinabove authorized shall be levied and collected as hereinabove provided, without any other election having been held thereon. However, if this amendment is approved but a majority of the qualified electors of Chambers County who vote at the election thereon vote against it, then such tax shall not be levied unless the question of the levy of such tax as hereinabove provided shall have been submitted to a vote of the qualified electors of said County and approved by a majority of those

6 Vol 2 Issue 2 Dec 2016 The Political Librarian 21 voting at such election; and such tax shall, upon such approval, be levied and collected as hereinabove provided. Subsequent elections may be held at intervals of not less than one year, and shall be called, held and conducted in the same way, according to the general laws of Alabama (with such modifications as shall be necessary to comply with the provisions of this amendment), as elections on the question of issuing county bonds. Following the approval of the Chambers County electorate (whether at the election on this amendment or at a subsequent county election as hereinabove provided), the tax herein authorized shall, to the fullest extent consistent with the efficient and practical administration of the tax system of Chambers County and without regard to any law otherwise requiring the levy of county taxes during a certain month or on or before a particular date, be initially levied by the governing body of said County so that it shall first become due and payable on the October 1 next succeeding such election. The provisions of this amendment are and shall be self-executing, and authorization from or any other action by the legislature shall not be a prerequisite to the levy and collection of the tax herein authorized, to the use of the proceeds of such tax as herein provided, or to the call, holding or conduct of any election in said County as hereinabove provided for. It is hereby specifically declared that this amendment is not being proposed pursuant to the provisions of that certain amendment to the Constitution (known as Amendment No. 425 [?284.01]) that was proposed by Act No adopted at the 1982 Regular Session of the Legislature of Alabama, and the provisions of the said Amendment No. 425 [?284.01] are hereby declared to be inapplicable to this amendment. Alabama Const. Amend. CHAMBERS Cty., Sec. 6 A subsequent section provides that Chambers County s governing body must continue to levy and provide for this special county ad valorem tax at the existing rate of $.20 on each $100 of taxable property in the county for an additional ten years from October 1, 2003 to September 30, (a) Subject to the succeeding provisions of this amendment, the governing body of Chambers County shall continue to levy and provide for the collection of the special county ad valorem tax authorized by Amendment 554 [Chambers County?6] of this constitution at the existing rate of 20 cents ($.20) on each one hundred dollars ($100) of taxable property in the county for an additional 10 years commencing on October 1, 2003, and expiring on September 30, (b) The proceeds from the ad valorem tax which shall continue to be levied under subsection (a) of this amendment shall continue to be used for public library purposes in Chambers County in the same manner prescribed in subsections (a) and (b) of Amendment 554 of the Constitution of Alabama of 1901 [Chambers County?6], for the use of the ad valorem tax proceeds collected pursuant to Amendment 554 [Chambers County?6]. (c) The provisions of this amendment shall be self-executing and no further referendum or action by the Legislature shall be a prerequisite to continuing the levy and collection of the tax herein authorized. The county governing body shall provide for the administration and collection of the tax Alabama Const. Amend. CHAMBERS Cty., Sec. 7 A final section provides that Chambers County s governing body must continue to levy and collect this special library tax for each fiscal or tax year including and until the fiscal or tax year beginning October 1, 2032 and ending September 30, (a) As used in this amendment, the following defined terms apply: (1) Constitution. The Constitution of Alabama of 1901, as amended, now appearing as the Official Recompilation of the Constitution Alabama of 1901, as amended. (2) Special library tax. That certain additional special county ad valorem or property tax which is authorized by the Special Tax Amendments to be levied at the rate of twenty cents ($.20) on each one hundred dollars ($100) of taxable property in Chambers County. (3) Special tax amendments. Amendment No. 554 of the Constitution of Alabama of 1901, now appearing as Section 6 of Chambers County Local Amendments, Official Recompilation of the Constitution of Alabama of 1901, which may be referred to as Chambers County Section 6; and Amendment No. 721 to the Constitution of Alabama of 1901, now appearing as Section 7 of Chambers County Local Amendments, Official Recompilation of the Constitution of Alabama of 1901, which may be referred to as Chambers County Section 7. (b) Notwithstanding any provision to the contrary in either of the Special Tax Amendments, the governing body of Chambers County shall continue to levy and collect the Special Library Tax in and for each fiscal or tax year of the county until and including the fiscal or tax year beginning on October 1, 2032, and ending on September 30, 2033, and for which county taxes shall become due and payable on October 1, (c) Notwithstanding any provision to the contrary in either of the Special Tax Amendments, none of the proceeds of the Special Library Tax may be used or expended, whether directly or indirectly, to pay any costs or expenses incurred, whether by the governing body of Chambers County or by any other person, in connection with the levy and collection of the Special Library Tax or to reimburse the governing body or any other person for any payment, by the governing body or any other person, of any such costs or expenses; and the governing body shall have no power to provide for the payment of any such costs or expenses out of the proceeds of the Special Library Tax. (d) Except to the extent provided in this amendment, the levy and collection of the Special Library Tax, and the use and expenditure of the proceeds thereof, shall continue to be subject to all applicable provisions of each of the Special Tax Amendments. Nothing in this amendment shall be construed to permit any increase in the rate at which the Special Library Tax is levied. (e) The provisions of this amendment are self-executing, and authorization from or any other action by the Legislature shall not be a

7 Vol 2 Issue 2 Dec 2016 The Political Librarian 22 prerequisite to the continued levy and collection of the Special Library Tax, or to the use or expenditure of the proceeds thereof. Notwithstanding any contrary provision of either Section 104 or Section 105 of the Constitution, the Legislature shall have the power to enact general, special, or local laws supplemental hereto or in futherance [sic] of the purposes hereof; provided, that no such special or local law shall be subject to the provision of Section 106 of the Constitution. Alabama Const. Amend. CHAMBERS Cty., Sec Morgan County The Alabama Constitution gives the court of county commissioners, board of revenue, or like governing body of Morgan county the power to levy and collect a special property tax (in addition to all other taxes) for library purposes not exceeding 5 mills on each dollar s worth of taxable property in the county as assessed for state taxation during the previous year. The tax, its purpose(s), and the time the tax is proposed to be continued must be submitted to the vote of the county s qualified electors and voted for by a majority. Such an election must be conducted in the same way as elections on special school district tax levies. The court of county commissioners, board of revenue or like governing body of Morgan county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding 5 mills on each dollar s worth of taxable property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for purposes of library service; provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. Elections under this amendment shall be called, held and conducted in the same way as elections on special school district tax levies. Alabama Const. Amend. MORGAN Cty., Sec. 14 C. Specific counties in Title 45 (Local Laws) 1 1. Etowah County The Etowah County Library Committee may expend funds from a one-cent sales tax for library maintenance and operation. (a) This section shall be operative only in Etowah County. (b) There is created the Etowah County Library Committee which shall have all authority as to the expenditure of funds received from the one cent ($.01) sales tax which is provided by Section The funds shall be used only for the maintenance and operation of libraries, the purchase of books and other related supplies for the libraries, professional services, and expenditures for capital improvements, down payments for capital improvements, payment of architectural and engineering fees, and other capital expenditures (c) The committee shall be composed of five members, four of whom shall be appointed by the county legislative delegation, and the fifth member who shall not have voting privileges shall be the Etowah County Administrator. Each member of the committee shall serve for four years, and vacancies on the committee shall be filled by the appointing authority. The committee shall be appointed within 90 days after July 12, The first meeting of the committee shall be set by the Etowah County Administrator. Thereafter, the committee may meet as provided in its bylaws. (d) The committee shall not spend any funds received from the sales tax to pay any compensation to the members of the committee. The county commission shall provide a secretary for the committee and pay the salary of the secretary. Code of Ala Municipal Ordinances Alabama has scant municipal ordinances addressing libraries. One is included below. 1. Homewood For the tax year beginning October 1, 2013, in addition to the levies for general municipal purposes and school purposes, there is levied on all property real and personal and franchises within the city limits and subject to state taxation, an additional 4.5 mills tax of the assessed value of the taxable property, as assessed for state and county taxes as shown on the county tax assessor s assessment books for the state and county tax year ending September 30, 1 Within Title 45 there are chapters for various counties. However, most of these county chapters seem to only cover law libraries. The few exceptions are detailed here.

8 Vol 2 Issue 2 Dec 2016 The Political Librarian The city council will appropriate the tax proceeds and use them solely for the enumerated purposes, including library construction and maintenance. For the tax year beginning October 1, 2013, there is levied on all property, real and personal, franchises, within the limits of the city, and subject to taxation by the laws of the state, in addition to the levy for general municipal purposes as provided in section 9-22, and in addition to the levy for school purposes as provided in section 9-23, an additional tax of four and one-half (4.5) mills of the assessed value of taxable property, as assessed for the state and county taxes as shown on the books of assessment of the county tax assessor, for the state and county tax year ending September 30, 2013, the proceeds of such additional tax to be appropriated by the city council, and used solely and exclusively for the erection, construction, building, acquisition and/or the support operation and maintenance, and/or for the purpose of securing the issuance of bonds to defray the cost of erection, enlargement, construction, acquisition, or building of public schools and public school buildings, fire halls, parks, playgrounds and other recreational facilities open to, serving, and used by residents of the city, whether or not such schools and school buildings, fire halls, libraries, swimming pools, parks, playgrounds and other recreational facilities are situated within the city limits of said city, or are under the ownership, control or management of said city, the board of education, or any public authority. Homewood, Alabama Code of Ordinances Sec Connecticut Relevant Law Within Title 11 (Libraries and Museums), public libraries are covered in Chapter 190. Connecticut has some relevant municipal ordinances on library establishment and appropriations. Types of Libraries Connecticut does not sharply define different types of libraries, though there are some provisions that specifically mention municipalities. However, public libraries are divided into two groups principal and nonprincipal. Principal public libraries are those so designated by the local municipal governing board. A municipality may have more than one public library, but may only designate one library as the principal public library. I. Public Libraries in General Any town, city, borough, fire district, or incorporated school district may, by ordinance, establish and maintain a public library. Any town, city, borough, fire district or incorporated school district may, by ordinance, establish a public library and may expend such sums of money as may be necessary to purchase land for a suitable site and to provide and maintain such suitable rooms or buildings as may be necessary for such library or for any library which is the property of any corporation without capital stock or for any public library established in such municipality, provided the use of such library shall be free to its inhabitants under such regulations as its trustees prescribe. Any such municipality may receive, hold and manage any devise, bequest or gift for the establishment, increase or maintenance of any such library within its limits and may retire with a pension or other reward any employee of any such library. Conn. Gen. Stat There are principal and nonprincipal public libraries. Principal public libraries are those so designated by the local municipal governing board. A municipality may have more than one public library, but may only designate one library as the principal public library. A principal public library may be designated for more than one town if it meets conditions established and approved by the State Library Board. (a) As used in sections 11-24b, 11-24c and 11-31a: (1) Board means the State Library Board. (2) Public library means a library that serves its residents through its outlet or outlets without charging a borrower s card fee and which receives its financial support in whole or in part from local tax funds. (3) Principal public library means the public library which has been so designated by the local municipal governing board. (4) Local funds means moneys received by a public library from any source, public or private, excluding state or federal grants. (5) General library purposes means all functions of a public library, including the purchase of land or the construction, alteration or remodeling of buildings. (b) A municipality may have more than one public library, but may designate only one library as its principal public library. A principal public library may be designated for more than one town if it meets conditions established and approved by the State Library Board. In any town or municipality where there are multiple libraries, there shall be a separate board or governing body and a different library

9 Vol 2 Issue 2 Dec 2016 The Political Librarian 24 director and staff for each public library. Each public library shall be a separate library facility and there shall be a separate town appropriation to each public library. (c) Any public library not designated as a principal public library shall be a nonprincipal public library. A nonprincipal public library in a municipality may be eligible to receive a state grant, construction cost grant, emergency repair grant or Connecticard grant provided it meets the following conditions: There is a separate board of trustees or governing body for each such nonprincipal public library; there is a different library director and staff for each such library; there is a separate library facility; and there is a separate town appropriation to each such library. Conn. Gen. Stat a With the approval of the towns where the libraries are situated, 2+ public libraries trustees may contract for the merger in whole or in part of library facilities. The trustees of two or more public libraries may, with the approval of the towns in which such libraries are situated, contract for the merger, in whole or in part, of the facilities of such libraries. Conn. Gen. Stat Any state agency, municipality, tax district, or public or private library may contract with any other state agency, municipality, taxing district, or public or private library to provide agreed-upon library services. Any state agency, municipality, taxing district or public or private library may contract with any other state agency, municipality, taxing district or public or private library to provide or secure such library services as may be agreed upon, which services may include, but need not be limited to, (1) the lending of books and related library materials, (2) the establishment of branch libraries, depositories or bookmobile service and (3) cooperative purchasing and processing of books, recordings, films and related library materials. Conn. Gen. Stat Any town, city, borough, fire district, or school district may raise money by taxation and make appropriations for defraying contract or regional library service s expenses. Any town, city, borough, fire district or school district may raise money by taxation and make appropriations for defraying the expense of contract or regional library service, and shall be subject to the duties and entitled to the benefits prescribed by this chapter relating to free public libraries in towns or other municipalities. Conn. Gen. Stat II. Provisions Specific to Municipalities Municipalities legislative bodies may establish or operate a public library and reading room, and may annually levy a tax on all taxable property of the municipality for a public library s establishment or operation. This tax must be levied and collected like other taxes. The legislative body of any municipality may establish or operate a public library and reading room, together with such kindred apartments and facilities as the legislative body approves; and may levy a tax annually on all taxable property of the municipality for the establishment or operation of a public library. Such tax shall be levied and collected as other taxes, and shall be known as the library fund. Such library and reading room shall be free to the use of the inhabitants of the city, subject to such reasonable rules and regulations as the board of trustees may adopt in order to render the use of the library and reading room of the greatest benefit. Such board may exclude from the use of such library and reading room any person who wilfully violates such rules, and may extend its privileges to persons residing in this state outside the city upon such terms and conditions as it may prescribe. Conn. Gen. Stat If fifty electors of any municipality petition the municipality s clerk asking that an annual tax be levied for a free public library and reading room s establishment or operation in the municipality and specify a rate of taxation not exceeding three mills on the dollar, the clerk must, in the next legal notice of the regular municipal election in the municipality, give notice that at the election the question of an annual tax for a library s establishment or operation will be voted upon. The notice and the question must specify the tax rate in the petition. If a majority favors the question, the tax must then be levied and collected in the same manner as the municipality s other general taxes. This tax may later be increased or decreased within the three-mill limit, or made to cease, if the municipality s electors so determine by majority vote at any regular municipal election.

10 Vol 2 Issue 2 Dec 2016 The Political Librarian 25 When fifty electors of any municipality present a petition to the clerk of such municipality, asking that an annual tax be levied for the establishment or operation of a free public library and reading room in such municipality, and specify in their petition a rate of taxation, not to exceed three mills on the dollar, such clerk shall, in the next legal notice of the regular municipal election in such municipality, give notice that at such election the question of an annual tax for the establishment or operation of a library is to be voted upon in the manner prescribed in section The designation of such question on the voting tabulator ballot shall be Shall a... mill tax be levied to establish a free public library and reading room? or Shall a... mill tax be levied to operate a free public library and reading room?. Such notice and such designation of the question on the voting tabulator ballot shall specify the rate of taxation mentioned in such petition. If, upon the official determination of the result of such vote, it appears that a majority of all the votes upon such question are in approval of such question, the tax specified in such notice shall be levied and collected in the same manner as other general taxes of such municipality and shall be known as the library fund. All moneys collected and received by the levy of such tax shall be placed in the treasury of such municipality, to the credit of its library fund, and shall be kept separate from other moneys of the municipality and shall be drawn upon by the proper officers of the municipality, upon duly authenticated vouchers of the library s trustees. Such tax may afterwards be lessened or increased within the three-mill limit, or made to cease, in case the electors of any such municipality so determine by a majority vote at any regular municipal election held therein, in the manner hereinbefore prescribed for voting upon such question. When a free public library and reading room is established pursuant to this section, the corporate authorities of such municipality may exercise the same powers relative to such free public library and reading room as are conferred upon the corporate authorities of municipalities pursuant to section Conn. Gen. Stat Municipal Ordinances Connecticut has some municipal ordinances relating to library establishment. Some provide funding levels. A. Ansonia The City of Ansonia may maintain a public library with a ready room for its inhabitants free use. The City of Ansonia may maintain a public library with a reading room connected therewith, with such kindred and incidental conveniences as it may deem proper, the use of which, under proper regulations, shall be free to its inhabitants. Ansonia, Connecticut Code of Ordinances Sec. 77 The City of Ansonia s board of apportionment and taxation must annually appropriate money, not less than $3000, for the public library s care, maintenance and support, and from time to time, may appropriation an additional sum for building purposes as deemed reasonable. The board of apportionment and taxation of the City of Ansonia shall annually appropriate a sum of money, not less than three thousand dollars, for the care, maintenance, and support of said public library, and may from time to time, appropriate, in addition thereto, sums of money for building purposes, repairs, or improvements in real estate and fixtures, which in its discretion it may deem reasonable. All moneys, which have been or shall be appropriated by said city for library purposes, shall by the treasurer of said city, be paid over to the treasurer appointed by the board of library directors. No payments shall be made by said treasurer appointed by said board of library directors, except upon bills or orders approved in such manner as may be provided in the by-laws, and all bills and vouchers for expenses incurred shall be kept on file as may be provided in the by-laws, and shall be subject to inspection by the mayor, the city treasurer, the corporation counsel, and any member of the board of directors of said library. The board of directors of said library shall not, on account of city appropriations or as chargeable thereto, expend any money in excess of the money therefor appropriated by said board of apportionment and taxation for the use of said library; except, however, that any funds not derived from city appropriations may be expended to such an amount and for such purposes as said board of directors shall deem that the interests of said library may require. Ansonia, Connecticut Code of Ordinances Sec. 81 B. Berlin The Berlin-Peck Memorial Library, a public library in the Town of Berlin, is established in accordance with the Kensington Library Society s unrestricted gift. C. Bridgeport There is established a public library in the Town of Berlin known as the Berlin-Peck Memorial Library in accordance with the restricted gift of the Kensington Library Society and G.S. ch. 190, as amended. There shall be a library board consisting of nine members to be appointed by the executive board, three of which appointments shall be made from nominations made by the Kensington Library Society. Berlin, Connecticut Code of Ordinances Sec

11 Vol 2 Issue 2 Dec 2016 The Political Librarian 26 There must continue to be a branch public library in each of the two buildings that were erected and equipped with the funds the Carnegie Corporation of New York City provided, and the city must maintain them at a cost of at least $5000 per year for both branch public libraries and reading rooms, which must be devoted to the free use of the city s inhabitants. There shall continue to be a branch public library and reading room in each of the two buildings heretofore erected and equipped from funds provided by the Carnegie Corporation of New York City, which shall be maintained by the city at a cost of not less than five thousand dollars ($5,000.00) per year for both of such branch public libraries and reading rooms and shall be devoted to the free use of the inhabitants of the city. Bridgeport, Connecticut Code of Ordinances Sec To provide for the expenses of maintaining the city s public library and reading rum, a tax of 2.33 mills must be levied and collected like other city taxes. To provide for the expenses of the maintenance of the city's public library and reading room, a tax of two and thirty-three hundredths (2.33) mills shall be levied and collected in the same manner as other city taxes and shall be known as the library fund. Bridgeport, Connecticut Code of Ordinances Sec D. Glastonbury A public library is established to be free to all the town s inhabitants. A public library is hereby established, which shall, under the proper regulations to be adopted by the directors, be free to all inhabitants of the town. Glastonbury, Connecticut Code of Ordinances Sec. 10. D. Seymour The town establishes a public library for its inhabitants free use. The town hereby establishes a public library, the use of which under proper regulations shall be free to its inhabitants. Seymour, Connecticut Code of Ordinances Sec E. Southbury The town establishes a public library. The town hereby establishes a public library pursuant to the authority of section of the General Statutes and in accordance with the provisions of such statute. The management of such library shall be vested in a board of directors consisting of six (6) members and a panel of three (3) alternates to be appointed for four-year terms. Such board shall have such powers and duties and perform such functions as are prescribed by chapter 190 (section et seq.) of the General Statutes. Southbury, Connecticut Code of Ordinances Sec F. South Windsor The South Windsor Public Library, a public library, is established for the free use of the town s inhabitants. (a) A public library is established to be called the South Windsor Public Library, which shall under the proper regulations to be adopted by the directors be free to all the inhabitants of the town. (b) The town treasurer is authorized to receive such sums as may from time to time be paid to the town for library purposes and to pay the sums upon order of the public library directors. South Windsor, Connecticut Code of Ordinances Sec G. Trumbull There must be a public library in the town. There shall be a public library in the Town in accordance with and pursuant to section of the General Statutes. Trumbull, Connecticut Code of Ordinances Sec. 2-5

12 Vol 2 Issue 2 Dec 2016 The Political Librarian 27 Delaware Relevant Law Libraries are found in Title 9 (Counties) under Part I (Provisions Affecting All Counties) Chapter 8. A provision specific to New Castle County is found under Part II (New Castle County) Chapter 15 (Government of New Castle County) Subchapter III (Authorized Appropriations). 2 Types of Libraries Delaware libraries seem to be exclusive to counties. The statute first covers them generally, but there are then detailed provisions for creating and operating library systems in Kent County. A part applicable only to New Castle County covers libraries there. Counties appear to have a choice between a county library system and a library district. I. County Libraries A. In General County Library Systems or Library Districts Each county s government must create a library agency as part of its executive branch. The agency has the power to establish and administer a county library system. Each county may create a countywide library system, or each county may create library districts within the county supported by taxes levied upon real property within the districts. The agency has the power to receive funds by taxation. (a) The government of each county shall create a library agency as a part of the executive branch of county government and, in accordance therewith, shall have the power: (1) To establish and administer a county library system offering to residents of the county access to services and resources and guidance in their use. Each county may create a countywide library system offering free and equal access to such services and resources to every resident of the county, or each county may create library districts within the county supported by taxes levied upon real property within said districts as provided for in this chapter providing that county residents who are not residents of a library district shall have access to such library district's services and resources upon payment of a fee set by ordinance of the county; (2) To receive, by taxation or otherwise, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, for the purposes provided in this chapter; (3) To perform all other activities pertinent to the organizational function of the library agency. (b) The county executive or President of Levy Court, whichever applies, upon the approval of the county library advisory board, may appoint a county library administrator who shall be referred to as county librarian, or the county library manager in New Castle County, who shall be the administrator of the county library agency. 9 Del. C. 801 B. Subchapter for Kent County Kent County may establish a countywide library system or 1+ district library systems by ordinance after a public hearing held after ten days notice published in a newspaper of general circulation in the county. Kent County may establish a countywide library system or 1 or more district library systems by ordinance after public hearing held after 10 days' notice published once in a newspaper of general circulation in the County. In the event a district library is created said ordinance shall also create a library commission for each library district to advise the Levy Court on the operation of the district library. This power includes the power to acquire real estate by purchase, gift or devise. 9 Del. C. 803 If Kent County establishes a countywide library system, its establishment, operation and maintenance costs must be paid from the county s general fund out of general county tax proceeds. In the event that a countywide library system is established in Kent County, the cost of establishment, maintenance, operation and all other costs thereof shall be paid from the general fund of the County out of general county tax proceeds. 9 Del. C There is one other county in Delaware Sussex County but its section lacks information about libraries.