S.L. 1963-945

NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 945

SENATE BILL 375

AN ACT TO REVISE AND REWRITE ARTICLE 8 OF CHAPTER 160 OF THE GENERAL STATUTES WITH REFERENCE TO THE ORGANIZATION AND ADMINISTRATION OF PUBLIC LIBRARIES IN NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Section 1. Article 8 of Chapter 160 of the General Statutes, as the same appears in the 1961 Cumulative Supplement to Volume 3C of the General Statutes, is hereby revised and rewritten to read as follows:

"Article 8.

"Public Libraries.

"Sec. 160-65. Establishment of Library. The governing body of any county or municipality may, in its discretion, establish and support a free public library, using for such establishment and support any nontax revenues which may be available for such purposes. The word 'support' as used in this Article shall include, but is not limited to, purchase of land for library buildings, the purchase and renovation of buildings for library purposes, the construction of buildings for library purposes, purchase of library books, materials and equipment, compensation of library personnel, and all maintenance expenses for library property and equipment. Property taxes may be used for the support of public library services when the approval of the voters for the levy of a tax has been approved as provided in Section 160-72 of this Article or as may be provided in any special Act.

"Sec. 160-66. Library Free. The use of every library established under this Article shall be forever free to the inhabitants of the county or municipality providing or contracting for library services, subject to such reasonable rules and regulations as may be adopted by the board of trustees of the library and approved by the governing body of the county or municipality.

"Sec. 160-67. Library Trustees Appointed. For the government of each library established by a county or municipality there shall be a board of six trustees appointed by the governing body of the county or municipality, chosen from the citizens at large with reference to their fitness for such office. For the initial term, two members shall be appointed for terms of two (2) years, two members for terms of four (4) years, and two members for terms of six (6) years, and until their successors are appointed and qualified. Thereafter the terms of members shall be for six (6) years and until their successors are appointed and qualified. The governing body of the county or municipality may, in its discretion, designate one of its own members to serve ex officio as one of the six (6) members of the library board in addition to his other duties. Such governing body member shall serve on the library board for the duration of his term of office and shall have full rights, duties and responsibilities as a member of the board. All vacancies on the board shall be immediately reported by the trustees to the governing body which shall fill each vacancy for the unexpired term. The governing body of the county or municipality may remove any trustee for incapacity, unfitness, misconduct, or for neglect of duty. Members of the board shall serve without compensation.

"Sec. 160-68. Joint Libraries. (a) Two or more counties or municipalities, or a county or counties and a municipality or municipalities, may enter into an agreement for the joint performance and support of public library service for the benefit of the citizens of all the participating units. The joint library shall be established according to the terms of a resolution approved by the governing bodies of the participating units. The resolution shall provide for the composition of the board of trustees to govern the library and may contain any additional provisions concerning the operation and responsibility of the joint library on which all the participating units shall agree.

"(b) The board of trustees of a joint library shall be composed of not less than six members and not more than twelve members. The resolution establishing the library shall specify the total number of trustees and the number of trustees to be appointed by the governing body of each participating county or municipality. The resolution shall also set forth the terms of office for the trustees, but no term of office shall be for less than two (2) years, nor for more than six (6) years. The governing body of each participating county or municipality shall make its appointments from the citizens at large with reference to their fitness for such office; provided, that such governing body may, in its discretion, designate as one of its members on the joint library board of trustees a member of the governing body to serve ex officio in addition to his other duties, and provided further, that such governing body may in its discretion, if it also supports a county or municipal library, designate one or more of its members of the joint library board of trustees from the membership of such county or municipal library board of trustees, such members to serve ex officio on the joint library board in addition to their other duties. Such governing body member, or county or municipal library board members, shall serve on the joint library board of trustees for the duration of his or their term of office on the governing body, or county or municipal library board, respectively. Any vacancy on the joint library board shall be filled for the unexpired term by the governing body of the county or municipality making the initial appointment. The governing body of any participating county or municipality shall have the power to remove any trustee appointed by it for incapacity, unfitness, misconduct, or neglect of duty. Members of the board shall serve without compensation.

"(c) The resolution establishing the joint library shall contain a statement governing the distribution of property between the participating counties and municipalities in the event that any county or municipality should elect to withdraw from the agreement. Any county or municipality wishing to withdraw from participation in joint operation of a library shall give notice to the other participating counties and municipalities by December 31st prior to the beginning of the fiscal year in which it wishes to withdraw participation and support. From and after the expiration of the six months' period, such county or municipality shall be entitled to such proportion of the property of the joint library as may have been agreed upon in the resolution establishing the library.

"Sec. 160-69. Contracts With Other Libraries. The governing body of any county or municipality, or the board of trustees of any county or municipal library board with the consent of its governing body, or the board of trustees of a joint library, or the governing board of any corporation or association providing free public library service, may enter into a contract with and make annual appropriations to any county or municipality, county or municipal library, joint library, corporation or association providing free public library service, or other public or private agency providing library services for one or more public library services, including but not limited to the use of physical facilities and library equipment; the purchase, cataloguing and circulation of books, periodicals, recordings and other items and materials customarily acquired and circulated by the public libraries, the services of professionally qualified personnel, and the provision of any special library service.

"Sec. 160-70. Powers and Duties of Trustees. (a) The board of trustees of a county or municipal library shall organize immediately after its appointment and shall elect one of its members as chairman. It may elect a secretary and a treasurer and such other officers as it may deem necessary, either from the membership of the board or from the employees of the library.

"The board of trustees shall have the power

(1) To adopt such bylaws, rules and regulations for its own guidance and for the government of the library as may be necessary and in conformity with law;

(2) With the consent of the governing body of the county or municipality, to lease or purchase and occupy an appropriate building or buildings, or to erect an appropriate building or buildings upon lands acquired by gift, devise or purchase;

(3) To supervise and care for the physical facilities constructed, leased or set apart for library purposes;

(4) To appoint a chief librarian or director of library service, and, upon recommendation of such librarian or director, to appoint assistant librarians and other employees, and to remove such librarians or employees; provided, that no vacancies existing or occurring in the position of chief librarian or director in any such library shall be filled by the appointment or designation of any person who is not certified as a professional librarian by the North Carolina Library Certification Board under the provisions of G.S. 125-9 or G.S. 125-10;

(5) To fix the compensation of the chief librarian or director, and in consultation with such librarian or director to fix the compensation of the assistant librarians and other employees of the library; provided, (a) that all salaries and other compensation for library employees shall be in accordance with the provisions of any pay plan applying to all employees of the governmental unit and which has been approved by the county or municipal governing board, and, (b) that all salaries and other compensation for library employees must be in accordance with appropriations for salaries and other compensation for library employees approved by the county or municipal governing body in the annual budget for such county or municipality;

(6) To prepare the annual budget for the library for submission to the governing body of the county or municipality;

(7) To extend the privileges and use of such library to nonresidents of the county or municipality, upon such terms and conditions as it may prescribe.

"(b) Except as may be otherwise provided in this Article, the board of trustees of a joint library shall have the same powers and privileges as the board of trustees of a county or municipal library. With the consent of the governing bodies of the participating units, the board of trustees of each joint library shall prepare a pay plan governing the compensation of all employees of the joint library.

"(c) The board of trustees of every public library shall make an annual report to the governing body of the county or municipality, or counties and municipalities, providing financial support for such library, and shall forward a copy of such report to the North Carolina State Library.

"Sec. 160-71. Budget Adoption and Control. (a) County or Municipal Library. The board of trustees of every county or municipal library shall prepare and recommend an annual budget to the governing body of the county or municipality. The budget for the library shall be adopted as part of the county or municipal budget. All monies received for such library shall be paid into the county treasury or the municipal treasury, shall be earmarked for the use of the library, and shall be paid out as other county or municipal funds are paid out; provided, that county or municipal library funds may, in the discretion of the governing board and notwithstanding the provisions of the County or Municipal Fiscal Control Acts, be paid out on warrants signed by the treasurer of the library board of trustees and countersigned by the county accountant or municipal accountant; provided, further, the countersigning officer shall countersign such warrants when they are within the funds earmarked for the library and within the amount of appropriations duly made by the governing body of the county or municipality. Whenever the treasurer of the library board shall sign warrants or otherwise handle monies of the library, he shall, before entering upon his duties, give bond to the county or municipality in an amount fixed by the governing body of such county or municipality, conditioned upon the faithful discharge of his official duties.

"(b) Joint Libraries. The amount each participating governmental unit shall contribute to the establishment and support of a joint library shall be determined annually by agreement between and among the participating counties and municipalities on the basis of a recommended budget submitted to such county and municipal governing bodies by the joint library board of trustees. The county and municipal governing bodies, meeting jointly wherever possible, shall determine their proportionate appropriations on the basis of the overall need for public library service in the area served by the library, the benefits to each participating unit arising from library service, and the funds available in each participating unit to support library service. Each participating county and municipality shall pay over its annual appropriation for joint library purposes to the treasurer of the joint library board of trustees, according to such schedule as may have been agreed upon with the library board. The joint library board of trustees shall adopt a final budget in accordance with the appropriations made to it by the participating counties and municipalities, and any other revenues available to such joint library. The treasurer of the board of trustees of the joint library, before entering upon his duties, shall give bond to the board of trustees in an amount fixed by the board of trustees and approved by the governing bodies of the participating governmental units, conditioned upon the faithful discharge of his duties. All funds, received by the joint library from any source shall be deposited by the treasurer to the account of the library, shall be earmarked for the use of the library, and shall be paid out on warrants signed by the librarian and countersigned by the treasurer. The treasurer shall countersign such warrants only when they are in accordance with the budget adopted by the board of trustees of the joint library and within the funds available to the library. In lieu of paying over all appropriations to the treasurer of the board of trustees of the joint library, the participating counties and municipalities may, in accordance with a resolution agreed to by each such county and municipality, contract for the financial administration of the library to be handled by a single participating county or municipality, in which case the procedures of the County or Municipal Fiscal Control Acts, whichever is applicable, shall apply. The board of trustees of each joint library shall arrange for an annual audit of its financial transactions and shall furnish each participating county or municipality with a copy of such audit.

"Sec. 160-72. Special Tax For Library. Subsequent to the establishment of a library by a county or municipality, the governing body of the county or municipality may upon its own motion and shall, upon a petition signed by voters of the county or municipality equal in number to at least fifteen per cent (15%) of the total number of votes cast for the office of Governor in the last preceding general election in such county or municipality, submit to the voters at a special election the question of whether a special tax shall be levied for the support of such library.

"Such question shall be submitted to the voters either at the next general election for county officers in the case of a county, or at the next general election for municipal officers in the case of a municipality, or at a special election to be called by the governing body of the county or municipality for that purpose: Provided, that no special election shall be held within sixty (60) days of any general election for State, county or municipal officers. Such special election shall be conducted according to the laws governing general elections for county or municipal officers in such county or municipality.

"The form of the question as stated on the ballot shall be in substantially the words: 'For the levy of a special library tax of not more than _________ cents (_____¢).'; and 'Against the levy of a special library tax of not more than _________ cents (_____¢).' Such affirmative and negative forms shall be printed upon one ballot, containing squares opposite the affirmative and the negative forms, in one of which squares the voter may mark a mark (X). Provided, that the maximum tax levy to be submitted to the voters shall be determined by the governing body of such county or municipality, or in the petition requesting such election, which maximum shall in no event exceed fifteen cents (15¢) on the one hundred dollars ($100.00) valuation of property.

"If a majority of the qualified voters in such election favor the levy of the tax, the governing body of the county or municipality shall levy and cause to be collected as other general taxes are collected, a special library tax within the limits approved by the voters in an amount which, when taken with nontax revenues, will be sufficient to meet annual appropriations for library purposes approved by the governing body of such county or municipality.

"In any county or municipality in which a tax for library purposes has been voted under this Section, or under any other general, public-local, private or special law, the governing body of such county or municipality may, on its own motion with the recommendation of the board of trustees of the library, and shall, upon a petition signed by voters of the county or municipality equal in number to at least fifteen per cent (15%) of the total number of votes cast for Governor in the last preceding general election in such county or municipality, submit to the voters of such county or municipality the question of an increase or decrease of such tax, within the limitations of this Section. Such question shall be submitted to the voters in the manner provided by this Section.

"Sec. 160-73. Issuance of Bonds. Counties and municipalities are hereby authorized to issue bonds and notes, and to levy property taxes to meet payments of principal and interest on such bonds or notes, to purchase necessary land and to purchase or construct library buildings and equipment. Counties may issue such bonds or notes under the provisions of the County Finance Act and municipalities may issue such bonds or notes under the provisions of the Municipal Finance Act.

"Sec. 160-74. Power to Take Property by Gift or Devise. With the consent of the governing body of the county or municipality, or the governing bodies of the governmental units participating in a joint library, expressed by an appropriate resolution or ordinance, the library board of trustees may accept any gift, grant, devise, or bequest made or offered by any person for library purposes and may carry out the conditions of such donations. The county or municipality, or counties and municipalities participating in a joint library, shall have authority to acquire a site, levy a tax in accordance with and within the limitations set forth in this Article, and pledge by ordinance or resolution compliance with all the terms and conditions of the gift, grant, devise, or bequest so accepted.

"Sec. 160-75. Title to Property Vested in the County or Municipality. Title to all property given, granted, or conveyed, donated, devised or bequeathed to, or otherwise acquired by any county or municipality for a library shall vest in and be- held in the name of such county or municipality, and any conveyance, grant, donation, devise, bequest or gift to or in the name of any public library board shall be deemed to have been directly to such county or municipality; provided, that when such property is given, granted, or conveyed, donated, devised or bequeathed to, or otherwise acquired for the benefit of or in the name of a joint library, title to such property shall vest in and be held in the names of the participating counties or municipalities in the same proportion as set forth in the resolution establishing the library.

"Sec. 160-76. Ordinances for Protection of Library. The governing body of any county or municipality establishing a public library shall have power to pass ordinances imposing penalties for any damage to or 1199 failure to return any book, plate, picture, engraving, map, magazine, pamphlet, newspaper, manuscript, film, recording, audio-visual equipment, or other specimen, work of literature, or object of art or of curiosity, or piece of equipment, belonging to such library.

"Sec. 160-77. (a) Any person who shall (1) Willfully or intentionally fail to return to a public library any library item or equipment belonging to such public library within fifteen (15) days after the librarian has mailed or delivered in person notice in writing that the time for which such library item or equipment may be kept under library regulations has expired, or (2) Willfully or intentionally remove from the premises of the public library any library item of equipment without charging it out in accordance with the regulations of the library, or (3) Willfully or wantonly damage, deface, mutilate, or otherwise destroy any library item or equipment, whether on the library premises or on loan, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than thirty (30) days; provided, that the notice required by this Section shall bear upon its face a copy of this Section.

"(b) For the purposes of this Section, 'library item or equipment' shall be defined to include any book, plate, picture, engraving, map, magazine, pamphlet, newspaper, manuscript, film, recording, or other specimen, work of literature, or object of art or of historical significance or of curiosity owned by the library, or any audio-visual equipment or other equipment owned by the library."

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect from and after July 1, 1963.

In the General Assembly read three times and ratified, this the 18th day of June, 1963.