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HOUSE BILL No. 2539
AN A CT concerning libraries; providing a process for changing from an appointed
governing board to an elected governing board; relating to the Eudora community
library district; requiring the adoption of a joint resolution to provide for the election
of members of the board of directors of such district; amending K.S.A. 12-1295, 12-
1296 and 12-1298 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The board of any library or library district may
by resolution and shall, whenever presented with a petition signed by
not less than 25% of the qualified electors of the territory in which such
library provides services, cause to be submitted to the voters of such
territory at the next general election the question of whether the
members of such board shall be elected. Any such resolution or petition
shall include provisions for:
(1) The number of members of the board;
(2) whether the members are to be elected at-large or by member
districts; and
(3) whether the members are to be elected at an annual meeting of
the board or at a general election.
(b) If a majority of the votes cast approve the election of members
of the board, then, prior to the first election of the board, the board shall
establish member districts, if necessary, and the initial terms of elected
members so that not more than a simple majority of the board is elected
at any one election. All subsequent terms of members of the board shall
be four years. The term of each member shall commence on January 1
following the election of such member. All elections of board members
shall be on a nonpartisan basis.
(c) (1) For a library established by a municipality, the territory in
which such library provides services shall be the territory under the
jurisdiction of such municipality.
(2) For a library district established pursuant to K.S.A. 12-1236,
and amendments thereto, the territory in which such library provides
services shall be the territory of such district.
(d) Any library board whose members are elected pursuant to this
section may by resolution and shall, whenever presented with a petition
signed by not less than 25% of the qualified electors of the territory in
which such library provides services, cause to be submitted to the
voters of such territory at the next general election the question of
whether:
(1) Such members shall be appointed; or
(2) such members shall be elected at an annual meeting of the
library board or at a general election.
(e) This section shall not apply to any library or library district
established under K.S.A. 12-1261, 12-1276, 12-1282 or 12-1296, and
amendments thereto, K.S.A. 2025 Supp. 12-12,105 or 12-12,113, and
amendments thereto, or the Johnson county library established under
K.S.A. 12-1219 et seq., and amendments thereto.
Sec. 2. K.S.A. 12-1295 is hereby amended to read as follows: 12-
1295. WhenAs 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.
Sec. 3. K.S.A. 12-1296 is hereby amended to read as follows: 12-
1296. (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
HOUSE BILL No. 2539—page 2
(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.
(c) (1) Notwithstanding the provisions of subsection (a), the
governing body of the city of Eudora and the Eudora township board
shall adopt a joint resolution providing for the election of the members
of the board of directors of the Eudora community library district
established pursuant to subsection (a) by the qualified electors of the
district. Such joint resolution shall:
(A) Require the election of members of the board of directors in
odd-numbered years;
(B) set the date for commencement of terms of such members;
(C) establish the terms of such members, provided that such terms
not exceed four years, and may provide for initial elected terms of
various duration so as to create staggered terms of office; and
(D) provide for the appointment of members whenever there is a
vacancy in a position on the board of directors. Such appointee shall
only serve for the remainder of the unexpired portion of the term of the
vacated position.
(2) A copy of the joint resolution shall be filed with the county
clerk.
Sec. 4. K.S.A. 12-1298 is hereby amended to read as follows: 12-
1298. (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 adopted pursuant to K.S.A.
12-1296(c), and amendments thereto. 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 elected as provided in the joint
resolution adopted pursuant to K.S.A. 12-1296(c), and amendments
thereto.
(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.
HOUSE BILL No. 2539—page 3
5. K.S.A. 12-1295, 12-1296 and 12-1298 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.