Missouri Statute | Act | Code |Education And Libraries| US Code - US Statute | Chapter 182 County And City Libraries--libraries Generally

1. Whenever voters equal to five percent of the total vote cast
for governor at the last election in any county, outside of the territory
of all cities and towns in the county which at the time of election as
hereinafter provided maintain and control free public and tax supported
libraries pursuant to other provisions of this chapter, except as
provided in section 182.030, shall petition the county governing body in
writing, asking that a county library district of the county, outside of
the territory of all the aforesaid cities and towns, be established and
be known as "..... County library district", and asking that an annual
tax be levied for the purpose herein specified, and specifying in their
petition a rate of taxation, then the county governing body, if it finds
the petition was signed by the requisite number of voters and verified in
accordance with the provisions of section 126.040, RSMo, pertaining to
initiative petitions, shall enter of record a brief recital of the
petition, including a description of the proposed county library
district, and of its finding; and shall order that the questions of the
petition be submitted to the voters of the proposed county library
district. The order of the county governing body and the notice shall
specify the name of the county and the rate of taxation mentioned in the
petition.

2. The question shall be submitted in substantially the following form:

Shall there be established a ..... County library district?

Shall there be a tax of ............... (insert amount) on each one
hundred dollars assessed valuation for a county library?

3. In case the boundary limits of any city or town hereinabove mentioned
are not the same as the boundary limits of the school district of the
city or town, and the school district embraces territory outside the
boundary limits of the city or town and within the boundary limits of the
proposed county library district, then all voters, otherwise qualified
and residing in the school district, but outside the limits of the city
or town and within the limits of the proposed county library district,
shall be eligible to vote on the proposition, and may cast a vote thereon
at the designated polling place within the county. The ballots shall be
certified to county governing body as provided in section 179.020, RSMo.

4. In case the proposed tax is sought as an increased tax for the
maintenance of a library already established hereunder, over a lesser tax
rate theretofore voted and adopted, then such fact shall be recited in
the petition and the notice of the submission of the question.

5. The question shall be submitted in substantially the following form:

Shall there be a tax increase of ............... (insert amount) over the
present ........ tax for the county library?

6. If a majority of all the votes cast on the question are for the tax as
submitted, the tax specified in the notice shall be levied and collected
in the same manner as other county library taxes as provided in section
182.020, and shall be known as and become a part of the "County Library
Fund" to be administered as provided in section 182.020. (RSMo 1939 §
14767, A.L. 1955 p. 547, A.L. 1969 p. 78, A.L. 1974 H.B. 1643, A.L. 1978
H.B. 971, A.L. 1985 S.B. 152)

Prior revision: 1929 § 13463

Effective 12-31-85

1. In addition to the provisions of section 182.010, the county
commission of any county of the state may establish by its order a county
library district without a petition or submission to the voters as
provided in section 182.010, provided such district conforms otherwise to
the provisions of that section and does not include any part of a
regional library system established pursuant to other provisions of this
chapter. In the event a district is so established, the county commission
shall propose an annual rate of taxation within the limitations
prescribed by section 182.010, which proposal shall be submitted to a
vote of the people in the same manner as though the district were formed
under the provisions of that section.

2. Where the county library district of any county is not operating a
library within such county, the county commission may divide the county
library district into subdistricts. In the event the subdistricts are
established, the county commission shall propose an annual rate of
taxation, which proposal shall be submitted to a vote of the people
residing in the subdistrict in the same manner as provided for in section
182.010. If a majority of the votes cast on the question are for the tax
as submitted, the tax shall be levied and collected on property within
the subdistrict in the same manner as other county library taxes are
levied and collected pursuant to section 182.020. Such funds shall be
used to operate a branch library in the subdistrict of the county library
district.

3. Where a tax has not been approved by the voters within a five-year
period from the establishment of a library district, such library
district shall be dissolved. (L. 1972 S.B. 583, A.L. 1987 H.B. 179 & 307,
A.L. 1995 S.B. 14)

1. If, from returns of the submission of the question, the
majority of all the votes cast are in favor of establishing a county
library district and for the tax for a free county library, the county
governing body shall enter of record a brief recital of the returns and
that there has been established "....... county library district", and
thereafter such "....... county library district", shall be considered
established; and the tax specified in the notice, subject to the
provisions of this section, shall be levied and collected, from year to
year.

2. At least once in every month the county collector in each county of
the first and second classes, including such counties having a charter
form of government, shall pay over to the treasurer of the county library
district all moneys received and collected by him to which the district
is entitled and take duplicate receipts from the treasurer, one of which
he shall file with the secretary of the county library district and the
other he shall file in his settlement with the county governing body. The
county collector in the counties of the third and fourth classes shall
pay over to the county treasurer at least once in every month all moneys
received and collected by him which are due the county library district
and shall take duplicate receipts therefor, one of which he shall file in
his settlement with the county governing body. The county treasurer in
such counties shall pay over to the treasurer of the county library
district, at least once in every month, all moneys so received by him to
which the district is entitled. Upon payment he shall take duplicate
receipts from the treasurer of the county library district, one of which
he shall file with the secretary of the county library district, and the
other he shall file in his settlement with the county governing body.

3. The tax may be reconsidered whenever the voters of any county library
district shall so determine by a majority vote on such questions after
petition, order, and notice of the election and of the purpose thereof,
first having been made, filed, and given, as in the case of establishing
such county library district. At least five years must elapse after the
county library district has been established and a tax therefor has been
levied before a question to reconsider the tax may be submitted under
this subsection.

4. Whenever the county library board of trustees finds it appropriate, it
may order an election on the question of increasing the tax established
pursuant to subsection 2 of section l82.0l0 or increased pursuant to
subsection 5 of section l82.0l0. Notice of the election shall be
published in the same manner as is notice of an election to establish a
county library district under section l82.0l0. The notice and order shall
each recite the amount of the proposed increase. The question shall be
submitted in substantially the following form:

"Shall the ....... per hundred dollars assessed valuation tax for the
county library be increased to ....... per hundred dollars assessed
valuation?"

If a majority of votes cast on the question are in favor of the increase,
then the increased tax shall be levied and collected in the same manner
as the tax was at its previous lower rate.

5. As used in sections 182.010 to 182.120, the words "county commission"
or "county governing body" shall be construed to mean the proper
commission or official in any county operating under a special charter.
(RSMo 1939 § 14767, A.L. 1955 p. 547, A.L. 1978 H.B. 971, A.L. 1984 S.B.
423, A.L. 1987 H.B. 179 & 307)

Prior revision: 1929 § 13463

Whenever voters equal to five percent of the total vote cast for
governor at the last election in an existing municipal library district
within the geographical boundaries of a proposed or existing county
library district shall petition in writing the county commission to be
included in the proposed or existing county library district, subject to
the official approval of the existing county library board, the voters of
the municipal library district shall be permitted to vote on the question
for establishing or joining the county library district, and on the
proposition for a tax levy for establishing and maintaining a free county
library. If the question carries by a majority vote, the municipal
library district shall become a part of the county library district at
the beginning of the next fiscal year and the property within the
municipal library district shall be liable to taxes levied for free
county library purposes. If a majority of voters in the existing
municipal library district oppose the county library district, the
existing municipal library district shall continue. (RSMo 1939 § 14771,
A.L. 1955 p. 547, A.L. 1978 H.B. 971)

Prior revision: 1929 § 13467

After the establishment of a free county library district the
legislative body of any incorporated city, town or village in the county
which was excluded from the county library district because of the
maintenance of a tax supported municipal library established and
maintained pursuant to other provisions of this chapter, after approval
of the proposed change by the trustees of the free county library
district, may become a part of the free county library district by
notifying the county commission that the municipality desires to become a
part of the free county library district at the beginning of the next
fiscal year; and thereafter the municipality shall be liable for taxes
levied for free county library purposes at the same rate as is levied for
the free county library district in the county. (RSMo 1939 § 14772, A.L.
1955 p. 547, A.L. 1961 p. 403, A.L. 1974 H.B. 1643)

Prior revision: 1929 § 13468

For the purpose of carrying into effect sections 182.010 to
182.120, in case a county library district is established and a free
county library authorized as provided in section 182.010, within sixty
days after the establishment of the county library district, there shall
be created a county library board of trustees, of five members, who shall
be residents of the library district, none of whom shall be elected
county officials. The members shall be appointed by the county commission
for terms of four years each, except that as to the members of the first
board, two shall be appointed for one year, and one each shall be
appointed for two years, three years, and four years, respectively, from
the first day of July following their appointment; and annually
thereafter before the first day of July the county commission shall
appoint successors. Vacancies in the board occasioned by removals,
resignations or otherwise shall be reported to the county commission and
shall be filled in like manner as original appointments; except that if
the vacancy is in an unexpired term, the appointment shall be made for
only the unexpired portion of that term. No member of the board shall
receive compensation as such. No person shall be employed by the board of
library trustees or by the librarian who is related within the third
degree by blood or by marriage to any trustee of the board. (RSMo 1939 §
14768, A.L. 1955 p. 547, A.L. 1972 S.B. 581, A.L. 1986 H.B. 1372)

Prior revision: 1929 § 13464

1. The board of trustees, immediately after their appointment by
the county governing body, shall meet and organize by the election of one
of their number as president and one as treasurer and by the election of
such other officers as they may deem necessary; shall make and adopt such
bylaws, rules and regulations for their own guidance as may be expedient,
not inconsistent with law, for the government of the library and in
general shall carry out the spirit and intent of sections 182.010 to
182.120 in establishing and maintaining the free county library.

2. The board, in case such library district establishes its own free
county library, shall appoint a qualified librarian who shall be the
chief executive and administrative officer for the library district and
shall serve at the pleasure of the board. (RSMo 1939 § 14768, A.L. 1955
p. 547, A.L. 1984 S.B. 423)

Prior revision: 1929 § 13464

The county library district, as a body corporate, by and through
the county library board of trustees, may sue and be sued, complain and
defend, and make and use a common seal, purchase or lease grounds,
purchase, lease, occupy or erect an appropriate building for the use of
the county library and branches thereof out of current funds if such
funds are available above those necessary for normal operations or, as
provided in section 182.105, and sell, convey, lease, exchange, transfer
and otherwise dispose of all or any part of its real or personal
property, or any interest therein, or other assets wherever situated for
and on behalf of the county library and branches thereof, receive gifts
of real and personal property for the use and benefit of the county
library and branch libraries thereof, the same when accepted to be held
and controlled by the board of trustees, according to the terms of the
deed, gift, devise or bequest of such property. (RSMo 1939 § 14769, A.L.
1955 p. 547, A.L. 1995 S.B. 14)

Prior revision: 1929 § 13465

1. The treasurer of the board of trustees of a county library
district shall receive and be the custodian of all money belonging to the
district from whatever source derived. All funds of the county library
district derived from local taxation for the county library fund and
received from the county collector shall be kept in the county library
fund. All funds of the county library district derived from local
taxation for the county library building fund and received from the
county collector shall be kept in the county library building fund; all
funds derived from state aid or federal grants, other than land, building
and furnishing grants, shall be kept in the county library operating
fund; and the board may establish any other funds that it deems
necessary. The treasurer shall deposit all moneys belonging to the county
library district in the depositaries that are selected by the board of
trustees. The treasurer shall also be the custodian of all bonds or other
securities belonging to the county library district.

2. County library district moneys shall be disbursed by the treasurer by
appropriate instrument of payment only upon due authorization of the
county library district board of trustees and duly certified for payment
by the president. The certification shall specify the amount to be paid,
to whom payment is to be made and the purpose for which payment is being
made. The board by resolution may direct that the signature of the
president or treasurer be a facsimile signature in the manner provided by
sections 105.272 to 105.278, RSMo.

3. No authorization or certification shall be made, and no instrument of
payment issued, for the payment of any county library district
indebtedness unless there is sufficient money in the treasury and the
proper fund for the payment of the indebtedness and be in the proper form.

4. The treasurer of the board of trustees shall submit to the board of
trustees, at each regularly scheduled meeting of the board, an accounting
reflecting receipt and disbursement of funds belonging to the county
library district. (L. 1984 S.B. 423)

1. The treasurer, the librarian and other employees as
designated by the board, before entering upon the discharge of their
duties as such, shall enter into bond or bonds with a corporate surety to
be approved by the board of trustees in such amount as may be fixed by
the board, conditioned that they will render a faithful and just account
of all money that comes into their hands, and otherwise perform the
duties of their office according to law. The county library district
shall pay the premium for the bond or bonds from its operating fund. A
copy of such bond or bonds shall be filed with the treasurer of the board
and the county clerk. In case of a breach of the conditions of the bond
or bonds, the board or any taxpayer of the county library district may
cause suit to be brought thereon. The suit shall be prosecuted in the
name of the state of Missouri at the relation of and for use of the
proper county library district.

2. The librarian, for and on behalf of the board, shall keep or cause to
be kept financial records and accounts according to generally accepted
accounting standards, and shall furnish to the board or any member
thereof the financial records and accounts, or summaries thereof, that
the board or any member thereof may request.

3. On or before the second Monday in March of each year, the librarian
shall make a report to the board, stating the condition of the library
and its services as of the thirty-first day of December of the preceding
fiscal year. On or before the thirtieth day of April, the reports shall
be submitted to the county governing body and to the Missouri state
library by the board of trustees of the county library district. (L. 1984
S.B. 423)

The county library board of trustees may contract with the body
having control of a public library for assistance in the operation of a
free county library under such terms and conditions as may be stated in
the contract, or it may contract with the body having control of a public
or a school library or any other library to furnish library service to
the people of the county library district, under such terms and
conditions as may be stated in the contract. The body having control of
any library district may contract with any such county library board of
trustees to provide library service to the people of the library district
under such terms and conditions as may be stated in the contract. The
county library board of trustees may contract with any other county
library district under the terms outlined in sections 70.210 to 70.320,
RSMo. In case a contract is made for services by any library, the
contracting library boards of trustees shall advise and consult together
with regard to the management and disbursement of funds, and other
policies relating to the proper management of the library. (RSMo 1939 §
14770, A.L. 1955 p. 547)

Prior revision: 1929 § 13466

1. Whenever, in any county library district which has decided or
shall hereafter decide to establish and maintain a free county library
under the provisions of sections 182.010 to 182.120, the county library
board of trustees, by written resolution entered of record, deems it
necessary that free county library buildings be erected in the county and
voters equal to five percent of the total vote cast for governor at the
last election of any county library district shall petition the county
governing body in writing asking that an annual tax be levied at and as
an increased rate of taxation for the library buildings and specify in
their petition a rate of taxation annually, and not to be levied for more
than ten years, on all taxable property in such county library district,
then the county governing body, if it finds the petition was signed by
the requisite number of voters, shall enter of record a brief recital of
the petition, and of its finding, and shall order that the question of
the petition be submitted to the voters of the county library district at
an election. The order and the notice shall specify the rate of taxation
mentioned in the petition.

2. The question shall be submitted in substantially the following form:

Shall there be a tax of ............... (insert amount) on each one
hundred dollars assessed valuation for the erection of a free county
library building?

3. If the majority of the voters of the county library district voting on
the question vote in favor of the tax, the tax specified in the notice
shall be levied and collected in like manner with other taxes of the
county library district, and shall be known as the "County Library
Building Fund", and shall be subject to the exclusive control of the
county library board of trustees. At least once in every month the county
collector in all counties of the first and second classes, including such
counties having a charter form of government, shall pay over to the
treasurer of the county library district all money received and collected
by him for the fund and take duplicate receipts from the treasurer, one
of which he shall file with the secretary of the county library district
and the other he shall file in his settlement with the county governing
body. The county collector in counties of the third and fourth classes
shall pay over to the county treasurer, at least once in every month, all
moneys received and collected by him for the county library building fund
and shall take duplicate receipts therefor, one of which he shall file in
his settlement with the county governing body. The county treasurer in
such county shall pay over to the treasurer of the county library
district, at least once in every month, all moneys so received by him for
the fund; upon payment he shall take duplicate receipts from the
treasurer of the county library district, one of which he shall file with
the secretary of the district, and the other he shall file in the
settlement with the county governing body. This fund shall be used for
expenses incident to the erection and furnishing of the library building.
The tax hereby provided for the erection of free county library buildings
in such county shall be in addition to the tax levied for the
establishment and maintenance of such county library. (RSMo 1939 § 14773,
A.L. 1955 p. 547 § 182.090, A.L. 1978 H.B. 971, A.L. 1984 S.B. 423, A.L.
1985 S.B. 152)

Prior revision: 1929 § 13469

Effective 12-31-85

1. The county library board in any county library district may
provide for the purchase of ground and for the erection of public library
buildings, and for the improvement of existing buildings, and may provide
for the payment of the same by the issue of bonds or otherwise, subject
to the conditions and limitations set forth in this section.

2. No bonds shall be issued in an amount in excess of one percent of the
value of taxable, tangible property in the county library district, as
shown by the last completed assessment for state and county purposes, nor
shall such indebtedness be incurred unless it has been approved by the
vote of the constitutionally required percentage of the voters of the
county library district voting on the question at a municipal election.

3. Before incurring any indebtedness as authorized in this section, the
county library board shall provide for the collection of an annual tax on
all taxable, tangible property in the county library district sufficient
to pay the interest and principal of the indebtedness as they shall fall
due and to retire the same within twenty years from the date contracted.

4. If, upon the returns from the election, which shall be certified to
the county commission, it appears that the question to incur or increase
such indebtedness has been assented to by the constitutionally required
percentage of the voters voting on the question, the county commission
shall enter of record a brief recital of the returns and shall declare
that the county library board may issue bonds of the county library
district in a total amount not in excess of that authorized by the
voters. The bonds shall be issued in denominations of not less than one
hundred dollars, or some multiple thereof, payable in not more than
twenty years from the date they bear, bearing interest from date at a
rate not exceeding the rate per annum authorized by law. All bonds shall
be signed by the chairman of the county library board, attested by the
signature of the secretary, and each bond shall have impressed thereon
the corporate seal of the county library district. (L. 1955 p. 500 §
182.100, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

County librarians shall be required to attend state library
meetings and district library institutes, the actual and necessary
expenses incident thereto being a charge against the county library fund.
(RSMo 1939 § 14774, A.L. 1955 p. 547)

Prior revision: 1929 § 13470

The services of a free county library may be direct loan of
books and other library materials, through branches, stations, or mobile
units; but in all cases service shall be available to all residents of
the county library district. (RSMo 1939 § 14775, A.L. 1955 p. 547)

Prior revision: 1929 § 13471

If, in any county of the first class having a charter form of
government, any property located within the geographical boundaries of a
county library district is now, or hereafter, included within the
geographical boundaries of an urban public library district supported at
least in part by taxation, the property now, or hereafter, included
within the geographical boundaries of the urban public library district
shall be excluded from the county library district, and the excluded
property shall only be subject to taxation for library purposes by the
urban public library district and shall no longer be subject to taxation
for county library district purposes. (L. 1965 p. 312 § 4, A.L. 1975 H.B.
124, A.L. 1988 S.B. 681)

1. Whenever voters equal to five percent of the total vote cast
for governor at the last election in any city petition the mayor, common
council or other proper governing body in writing asking that an annual
tax be levied for the establishment and maintenance of a free public
library in the city, and specify in their petition a rate of taxation on
all the taxable property in the city, the governing body shall direct
that the question be submitted to the voters of the city at an election.
The order of the governing body and the notice shall specify the name of
the city and the rate of taxation mentioned in the petition.

2. The question shall be submitted in substantially the following form:

Shall there be a tax of ............... (insert amount) on each one
hundred dollars assessed valuation for a public library?

3. If, from returns of the election, the majority of all the votes cast
on the question are in favor of the tax, the governing body shall enter
of record a brief recital of the returns and that there has been
established a public library and thereafter the free public library shall
be established, and shall be a body corporate, and known as such.

4. The tax specified in the notice, subject to the provisions of this
section, shall be levied and collected, from year to year, in like manner
with other general taxes of the city. The proceeds of the levy, together
with all interest accruing on same, with library fines, collections,
bequests and donations in money, shall be deposited in the city library
fund. At least once in every month the proper city finance officer shall
pay over to the treasurer of the library district all moneys received and
collected for the city library fund, including interest on such moneys,
and shall take duplicate receipts from the treasurer, one of which he
shall file with the secretary of the library district and the other of
which he shall file in his settlement with the city governing body.

5. In case the proposed tax is sought as an increased tax for the
maintenance of a free public library already established over a lesser
tax rate theretofore voted and adopted, then such fact shall be recited
in the petition and the notice of the election or whenever the city
library board of trustees finds it appropriate it may order an election
on the question of increasing the tax established pursuant to this
section. Notice of the election shall be published in the same manner as
is notice of an election to establish a city library district under this
section. The notice and order shall each recite the amount of the
proposed increase.

6. The question shall be submitted in substantially the following form:

Shall there be a tax increase of ............... (insert amount) over the
present ...... tax for the public library?

7. If a majority of all the votes cast on the question is for the tax
submitted, the tax specified in the notice shall be levied and collected
in like manner with other general taxes of the city, and shall be known
as and become a part of the "City Library Fund" and be administered as
provided in section 182.200.

8. The tax may be reconsidered whenever the voters of the city determine
by a majority vote given at an election.

9. Notwithstanding any other provisions of this chapter to the contrary,
any city may establish, operate and maintain a free public library in
accordance with the provisions of this section if the city is located
within the boundaries of a county library district that has been
established, but has not levied and collected a library tax pursuant to
section 182.020 within a year of when the county library district was
first established.

10. The authority granted by this section shall be in addition to those
powers granted in section 94.400, RSMo. (RSMo 1939 § 14752, A.L. 1943 p.
638, A.L. 1945 p. 1127, A.L. 1955 p. 555, A.L. 1961 p. 404, A.L. 1974
H.B. 1643, A.L. 1976 H.B. 1021, A.L. 1978 H.B. 971, A.L. 1985 S.B. 152,
A.L. 1987 H.B. 179 & 307)

Prior revisions: 1929 § 13448; 1919 § 7191; 1909 § 8187

1. The treasurer of the board of trustees of a library district
shall receive and be the custodian of all money belonging to the district
from whatever source derived. All funds in the library district derived
from local taxation for the library fund and received from the proper
city finance officer shall be kept in the city library fund. All funds of
the library district derived from local taxation for the library building
maintenance and refurnishing fund and received from the proper city
finance officer shall be kept in the library building maintenance and
refurnishing fund. All funds of the library district derived from state
aid or federal grants, other than land, building and furnishing grants,
shall be kept in the library operating fund. The board may establish any
other funds that it deems necessary. The treasurer shall deposit all
moneys belonging to the library district in the depositaries that are
selected by the board of trustees. The treasurer shall also be the
custodian of all bonds or other securities belonging to the library
district.

2. Library district moneys shall be disbursed by the treasurer by
appropriate instrument of payment. The board of trustees shall prepare a
budget for each fiscal year and all expenditures shall conform to such a
budget. The budget shall be approved by the board of trustees. The board
by resolution may direct that the signature of the president or treasurer
be* a facsimile signature in the manner provided by sections 105.273 to
105.278, RSMo.

3. No authorization or certification shall be made, and no instrument of
payment shall be issued for the payment of any library district
indebtedness unless there is sufficient money in the treasury and the
proper fund for the payment of the indebtedness and unless the
authorization, certification and instrument are in the proper form.

4. At each regularly scheduled meeting of the board the treasurer of the
board of trustees shall submit to the board of trustees an accounting
reflecting receipt and disbursement of funds belonging to the library
district.

5. Nothing in this section shall prohibit a library district from
contracting with a municipality for services. (L. 1985 S.B. 152)

Effective 12-31-85

*Word "by" appears in original rolls.

Any incorporated city having lawfully established a free public
library prior to the effective date of section 182.140, and having had at
that time authority to levy and collect a tax for the establishment and
maintenance of the library, may levy and collect a tax for the
maintenance of the library, and reduce or increase the tax in the manner
provided in section 182.140. (L. 1957 p. 461 § 1)

(1964) Where taxable property lying within the boundaries of a county
library district was incorporated by annexation into the boundaries of a
city which had a tax-supported free public library, held that the
property was subject to the taxing power of both districts and such
interpretation did not violate Article X, § 3, and Article I, §§ 2, 10,
26 and 28 of Missouri Constitution. St. Louis County Library District v.
Hopkins (Mo.), 375 S.W.2d 71.

1. In cities of six hundred thousand inhabitants or over when
one hundred voters of the city, or the library board of any free public
library heretofore established in the city, petition in writing the mayor
and council, or the mayor and board of aldermen, of the city asking that
an annual tax be levied for the establishment, maintenance,
rehabilitation or extension of a free public library, or for the
maintenance, rehabilitation or extension of a free public library
theretofore established in the city, and specify in their petition a rate
of taxation on all taxable property in the city, the mayor and council,
or mayor and board of aldermen, shall submit the question at an election.

2. The question shall be submitted in substantially the following form:

Shall there be a tax of ............... (insert amount) on each one
hundred dollars valuation for a public library?

3. In case the proposed tax is sought as an increased tax for the
maintenance, rehabilitation or extension of a library already
established, over a lesser tax rate theretofore voted and adopted, then
the fact shall be recited in the petition and the notice for the election.

4. The question shall be submitted in substantially the following form:

Shall there be tax increase of ............... (insert amount) over the
present ........ tax per hundred dollars assessed valuation for the free
public library?

5. If a majority of all the votes cast on the question is for the tax
submitted, the tax specified in the notice shall be levied and collected
in like manner with other general taxes of the city, and the proceeds of
such tax shall be known as and become a part of the "City Library Fund",
to be administered as provided in section 182.440.

6. The tax shall cease or the tax rate thereof be decreased whenever the
voters of the city determine by a majority vote on the question. The tax
rate may be increased to but not to exceed the rate or limit as may be
hereafter provided by law upon like petition, order of mayor and common
council or board of aldermen, notice of election and the purpose thereof,
and majority vote in favor of such increase as provided by this section
to be made, given, filed and held as in the case of establishing the
public library. Nothing contained in this section or done pursuant to its
provisions shall be construed to waive or satisfy the duty of the general
assembly under section 10 of article IX of the constitution of this state
to grant aid to any free public library supported by the city, in such
manner and in such amounts as may be provided by law. Any tax rate
authorized hereunder may be levied in excess of the rates of taxation
authorized by law for general municipal purposes, or for county purposes
of the city of St. Louis, pursuant to section 11 of article X of the
constitution of this state. (L. 1945 p. 1127 § 14752, A.L. 1951 p. 511,
A.L. 1955 p. 555, A.L. 1961 p. 404, A.L. 1969 p. 288, A.L. 1974 H.B.
1643, A.L. 1978 H.B. 971, A.L. 1985 S.B. 152)

Effective 12-31-85

When any city establishes and maintains a public library under
sections 182.140 to 182.301, the mayor or other proper official of the
city, with the approval of the legislative branch of the city government,
shall proceed to appoint a library board of nine trustees, chosen from
the citizens at large, with reference to their fitness for the office. No
member of the city government shall be a member of the board. (RSMo 1939
§ 14753, A.L. 1955 p. 555 § 182.160)

Prior revisions: 1929 § 13449; 1919 § 7192; 1909 § 8188

The trustees shall hold office, one-third for one year,
one-third for two years and one-third for three years from the first of
July following their appointment, and at their first regular meeting
shall cast lots for the respective terms; and annually thereafter the
mayor or other proper official, before the first of July of each year,
shall appoint three trustees, who shall hold office for three years. The
mayor or other proper official, by and with the consent of the
legislative branch of the city government, may remove any trustee for
misconduct or neglect of duty. (RSMo 1939 § 14754, A.L. 1955 p. 555 §
182.170)

Prior revisions: 1929 § 13450; 1919 § 7193; 1909 § 8189

Vacancies in the board of trustees, occasioned by removals,
resignations or otherwise, shall be reported to the proper official and
be filled in like manner as original appointments, except that if the
vacancy is an unexpired term, the appointment shall be made for only the
unexpired portion of that term. No member of the board shall serve for
more than three successive full terms and shall not be eligible for
further appointment to the board until two years after the expiration of
the third term. No trustee shall receive compensation as such, and no
person shall be employed by the board who is related either by blood or
by marriage to any trustee of the board. (RSMo 1939 § 14755, A.L. 1955 p.
555 § 182.180)

Prior revisions: 1929 § 13451; 1919 § 7194; 1909 § 8190

1. The trustees, immediately after appointment, shall meet and
organize by the election of one of their number as president, and by the
election of such other officers as they may deem necessary.

2. They shall make and adopt such bylaws, rules and regulations for their
own guidance, and for the government of the library, as may be expedient,
and not inconsistent with sections 182.140 to 182.301.

3. They shall appoint a properly qualified librarian who shall be the
chief executive and administrative officer for the library.

4. They shall have the exclusive control of the expenditure of all moneys
collected to the credit of the library fund, and of the construction of
any library building, and of the supervision, care and custody of the
grounds, rooms or buildings constructed, leased, or set apart for that
purpose. All moneys received for the library shall be deposited in the
city treasury to the credit of the city library fund, and shall be kept
separate and apart from other moneys of the city. At least once in every
month the proper city finance officer shall pay over to the treasurer of
the library district all moneys received and collected for the library
fund, including interest on such moneys, and take duplicate receipts from
the treasurer, one of which he shall file with the secretary of the
library district and the other of which he shall file in his settlement
with the city governing body.

5. The board, as a body corporate, may sue and be sued, complain and
defend, and make and use a common seal, purchase or lease grounds,
purchase, lease, occupy or erect an appropriate building or buildings for
the use of the public library and branches thereof, sell and convey real
estate and personal property for and on behalf of the public library and
branches thereof, issue bonds, secured by a deed of trust on any land
which they own, for the purpose of the purchase of ground and for the
erection of public buildings and for the improvements of existing
buildings, receive gifts of real and personal property for the use and
benefit of the public library and branch libraries thereof, the same when
accepted to be held and controlled by the board of trustees, according to
the terms of the deed, gift, devise or bequest of such property.

6. The board may extend the privileges and use of the library to
nonresidents through agreements with other existing libraries allowing
for exchanges of services, upon such terms and conditions as the boards
of the libraries, from time to time, may prescribe. (RSMo 1939 § 14756,
A.L. 1955 p. 555 § 182.190, A.L. 1985 S.B. 152, A.L. 1995 S.B. 14)

Prior revisions: 1929 § 13452; 1919 § 7195; 1909 § 8191

The librarian shall make, within eight weeks after the end of
the fiscal year of the library, an annual report to the board of
trustees, stating the condition of the library and its services on the
last day of the fiscal year, the various sums of money received from the
library fund and from other sources, and how the moneys have been
expended and for what purposes, and such other statistics, information
and suggestions as may be of general interest. This report shall be
transmitted by the board to the proper official and governing body of the
city and a copy shall be transmitted at the same time to the Missouri
state library. (RSMo 1939 § 14758, A.L. 1955 p. 555 § 182.200)

Prior revisions: 1929 § 13454; 1919 § 7197; 1909 § 8193

1. The treasurer, the librarian and such other employees as the
board may designate shall, before entering upon the discharge of their
duties as such, enter into bond or bonds with a corporate surety, to be
approved by the board of trustees, in such amount as may be fixed by the
board, conditioned that they will render a faithful and just account of
all money that comes into their hands and otherwise perform the duties of
their office according to law. The library district shall pay the premium
for the bond or bonds from its operating fund. A copy of such bond or
bonds shall be filed with the treasurer of the board. In case of a breach
of the conditions of the bond or bonds the board or any taxpayer of the
library district may cause suit to be brought thereon.

2. The librarian, for and on behalf of the board, shall keep or cause to
be kept financial records and accounts according to generally accepted
accounting standards and shall furnish to the board, or any member
thereof, the financial records and accounts, or summaries thereof, that
the board or any member thereof may request. (L. 1985 S.B. 152 § 182.220)

Effective 12-31-85

Every library and reading room established under sections
182.140 to 182.301 shall be forever free to the use of the inhabitants of
the city where located, always subject to such reasonable rules and
regulations as the library board may adopt in order to render the use of
the library and reading room of the greatest benefit to the greatest
number. The board may exclude from the use of the library and reading
room any and all persons who willfully violate such rules. The board may
extend the privileges and use of the library and reading room to persons
residing outside of the city in this state, upon such terms and
conditions as the board, from time to time, by its regulations, may
prescribe. (RSMo 1939 § 14757, A.L. 1955 p. 555 § 182.210)

Prior revisions: 1929 § 13453; 1919 § 7196; 1909 § 8192

The governing body of the city may pass ordinances imposing
suitable penalties for the punishment of persons committing injury upon
the library or the grounds or other property thereof, and for injury to
or failure to return any book belonging to the library. (RSMo 1939 §
14759, A.L. 1955 p. 555 § 182.220)

Prior revisions: 1929 § 13455; 1919 § 7198; 1909 § 8194

Whenever in any city which has decided or shall hereafter decide
to establish and maintain a free public library under the provisions of
sections 182.140 to 182.301, voters equal to five percent of the total
vote cast for governor at the last election in the city in writing
petition the proper authorities, asking that an annual tax be levied as
an increased rate of taxation for the erection and maintenance of free
public library buildings in the city, and specify in their petition an
annual rate of taxation, which shall not to be levied for more than ten
years on all taxable property in the city, and the board of trustees of
the free public library of the city deems it necessary that the library
buildings be erected and properly maintained and refurbished, and so
express its opinion by resolution, then the question shall be submitted
at an election. The order of the governing body and the notice shall
specify the name of the city and the rate of taxation mentioned in the
petition. If a majority of the voters voting on the question vote in
favor of the increased tax, the tax specified in the notice shall be
levied and collected in like manner with other general taxes of the city,
and shall be known as the "Library Building, Maintenance and Refurbishing
Fund". All funds received pursuant to this section shall be utilized by
the board of trustees for erection of a library or for the normal
maintenance, remodeling or refurbishing of any existing library under the
control of the board. At least once in every month the proper city
finance officer shall pay over to the treasurer of the library district
all moneys received and collected for the library building, maintenance
and refurbishing fund, including interest on such moneys, and take
duplicate receipts from the treasurer, one of which he shall file with
the secretary of the library district and the other of which he shall
file in his settlement with the city governing body. (RSMo 1939 § 14764,
A.L. 1955 p. 555 § 182.250, A.L. 1978 H.B. 971, A.L. 1982 S.B. 495, A.L.
1985 S.B. 152)

Prior revisions: 1929 § 13460; 1919 § 7203; 1909 § 8199

Effective 12-31-85

When it has been determined at the election to provide for the
erection of a free public library building, the board of trustees shall
proceed to have plans and specifications of a public library building
prepared, shall take bids thereon for the construction of the building
and shall let the contract therefor to the lowest and best responsible
bidder, and shall require of such bidder securities for the performance
of his bid. The board may let parts of the material or labor for the
erection of the building to different bidders, as to it may seem best,
and may reject any and all bids. (RSMo 1939 § 14765, A.L. 1955 p. 555 §
182.260)

Prior revisions: 1929 § 13461; 1919 § 7204; 1909 § 8200

Whenever the board of trustees of any public library acquires a
lot or tract of land, and the board determines that it is not judicious
to erect the library building upon the lot, the board may sell or
exchange the lot and to use the proceeds of the sale or exchange for the
purposes of a site for a library building, or for the erection of a
library building, on any other land purchased or leased by or donated to
the board and which it may deem suitable for the building. Sections
182.260, 182.270 and 182.280 shall not apply to cities under ten thousand
inhabitants. (RSMo 1939 § 14766, A.L. 1955 p. 555 § 182.270)

Prior revisions: 1929 § 13462; 1919 § 7205; 1909 § 8201

1. After the establishment of a county library district as
provided in section 182.010, the board of trustees of any city library
within the county, which city has a library tax levy equal to that levied
for the county library district, and which county library district has a
population of under two hundred and fifty thousand, with the prior
approval of the governing body of the city, may petition the county
governing body to permit the organization of a city-county library to
provide library service to the residents of the county by appropriate
means from the city library.

2. After the county library board has been appointed as provided in
section 182.050, the county library board may petition the county
governing body to permit the organization of a city-county library which
shall provide library service to the residents of the county by
appropriate means from the city library. Within thirty days after
receiving the petition the county governing body shall notify the county
library board and the city library board of its decision by order of
record. If the petition is approved, the city-county library shall be
deemed established; but if the petition is denied, the parties may
proceed as provided in sections 182.010 to 182.120.

3. The city-county library shall be under the control and supervision of
a board of trustees of nine members. If the population of the county is
larger than that of the city, the county governing body shall appoint
five members of the library board. If the population of the county is
less than that of the city, the county governing body shall appoint four
members of the library board. If the population of the city is larger
than that of the county, the mayor of the city shall appoint five members
to the library board. If the population of the city is less than that of
the county, the mayor shall appoint four members to the library board.
The members shall serve a term of three years and until their successors
are appointed and qualified in the same manner as their predecessors;
except that, the original members shall serve terms ranging from one to
three years to be determined by the board at its first meeting.
Immediately upon their appointment, the board shall organize as provided
in section 182.060; and thereupon the city board shall cease to exist and
shall turn over all property, books and records to the city-county board.

4. All unexpended funds of the preexisting separate city and county
library districts shall be deposited by the custodians thereof with the
city treasurer immediately upon the issuance of the county governing
body's approval of the petition.

5. For all tax purposes, including levies and adjustments thereof, the
city library district shall become a part of the county library district
at the beginning of the next fiscal year after the merger and the
property within the city library district shall be treated as within the
county library district for all such purposes; except, until the city
library district shall become a part of the county library district the
levy and collection of taxes shall be made as though no merger had taken
place, so that the levy and collection of taxes shall be without
interruption, and during that period no change in the levy shall take
place. The funds collected shall be turned over to the city treasurer
immediately upon collection.

6. All of the real and personal property and all of the obligations of
the preexisting separate city and county library districts shall, without
further action, become the property and obligations of the merged
city-county library district, which shall have an official name composed
of the name of the city, followed by the name of the county and followed
by the words "County Library District".

7. The merged district, and the librarian, officials and board thereof,
shall have all of the rights, powers, responsibilities, and privileges
granted county library districts by the laws of the state of Missouri and
shall be governed by such laws, as though the merged districts were a
county library district, except:

(1) Where such laws are inconsistent with this section;

(2) The treasurer of the board of trustees of the library district shall
receive and be the custodian of all moneys, belonging to the district
from whatever source derived. Such funds shall be audited annually. At
least once in every month the proper finance officer shall pay over to
the treasurer of the library district all moneys received and collected
for the fund, including interest on such moneys, and take duplicate
receipts from the treasurer, one of which he shall file with the
secretary of the library district and the other of which he shall file in
his settlement with the proper governing body;

(3) The library board shall prepare a budget for each fiscal year and all
expenditures shall conform to such budget. The budget shall be prepared
and approved by the library board and made available to the members of
the governing body of the city and the members of the county governing
body sixty days before the beginning of each fiscal year, except the
first budget of the merged district shall be prepared forthwith and so
delivered after the merger. (L. 1955 p. 555 § 182.230, A.L. 1972 S.B.
583, A.L. 1976 H.B. 1021, A.L. 1985 S.B. 152, A.L. 1990 H.B. 1393)

1. The treasurer, the librarian and such other employees as the
board may designate shall, before entering upon the discharge of their
duties as such, enter into bond or bonds with a corporate surety, to be
approved by the board of trustees, in such amount as may be fixed by the
board, conditioned that they will render a faithful and just account of
all money that comes into their hands and otherwise perform the duties of
their office according to law. The library district shall pay the premium
for the bond or bonds from its operating fund. A copy of such bond or
bonds shall be filed with the treasurer of the board. In case of a breach
of the conditions of the bond or bonds the board or any taxpayer of the
library district may cause suit to be brought thereon.

2. The librarian, for and on behalf of the board, shall keep or cause to
be kept financial records and accounts according to generally accepted
accounting standards and shall furnish to the board, or any member
thereof, the financial records and accounts, or summaries thereof, that
the board or any member thereof may request. (L. 1985 S.B. 152)

Effective 12-31-85

Any city library board or any city-county library board may
contract for cooperative service with the body having control of a city
library or school library or a county or other public library or any
other library within the state under such terms or conditions as may be
stated in the contract and the body having control of any library in the
state may contract with city, city-county, county or public library in
the state. (L. 1955 p. 555 § 182.240)

When any incorporated city containing over three hundred
thousand inhabitants shall have decided to establish and maintain a
public library and reading room under this chapter, the mayor of such
city shall, with the approval of the city council, proceed to appoint a
board of nine directors for the same, chosen from the citizens at large,
with reference to their fitness for such office; and no member of the
municipal government shall be a member of said board; provided, that not
more than five of such directors shall be members of the same political
party. (RSMo 1939 § 14777)

Prior revisions: 1929 § 13473; 1919 § 7206; 1909 § 8202

Said directors shall hold office, one-third for one year,
one-third for two years and one-third for three years, from the first of
June following their appointment, and at their first regular meeting
shall cast lots for their respective terms; and annually thereafter the
mayor shall, before the first of June of each year, appoint, as before,
three directors, who shall hold office for three years, and until their
successors are appointed. The mayor may, by and with the consent of the
city council, remove any director for misconduct or neglect of duty.
(RSMo 1939 § 14778)

Prior revisions: 1929 § 13474; 1919 § 7207; 1909 § 8203

Vacancies in the board of directors, occasioned by removals,
resignation or otherwise, shall be reported to the mayor, and be filled
in like manner as original appointments, and no director shall receive
compensation as such. (RSMo 1939 § 14779)

Prior revisions: 1929 § 13475; 1919 § 7208; 1909 § 8204

1. The directors shall be known and styled in their corporate
name as the board of directors of the public library, and in such name
may exercise the powers herein granted.

2. They shall, immediately after appointment, meet and organize by the
election of one of their number as president, and by the election of such
other officers as they may deem necessary.

3. They shall make and adopt such bylaws, rules and regulations for their
own guidance, and for the government of the library and reading room, as
may be expedient, not inconsistent with this chapter.

4. They shall have the exclusive control of the expenditure of all moneys
collected to the credit of the library fund, and of the construction of
any library building, and of the supervision, care and custody of the
grounds, rooms or buildings constructed, leased or set apart for that
purpose.

5. The board shall have power to purchase, hold or lease grounds, to
occupy, lease or erect an appropriate building or buildings for the use
of the library, and to issue bonds, secured by deed of trust on any land
of which they may be possessed, for the purpose of the purchase of
grounds* and for the erection of public library buildings and for the
improvement of existing buildings and all property by such board
purchased, or otherwise obtained, shall vest in such board as a body
corporate, and be held by it in trust.

6. They shall have power to appoint a suitable librarian and necessary
assistants, and fix their compensation, and shall also have power to
remove such appointees; and shall, in general, carry out the spirit and
intent of this chapter in establishing and maintaining a public library
and reading room. (RSMo 1939 § 14780, A.L. 1985 S.B. 152, A.L. 1995 S.B.
14)

Prior revisions: 1929 § 13476; 1919 § 7209; 1909 § 8205

*Word "ground" appears in original rolls.

The said board of directors shall make, on or before the second
Monday in June, an annual report to the mayor, stating the condition of
their trust on the first day of May of that year, the various sums of
money received from the library fund and from other sources, and how such
moneys have been expended and for what purposes; the number of books and
periodicals on hand, the number added by purchase, gift or otherwise,
during the year; the number and general character and kind of such books,
with such other statistics, information and suggestions as they may deem
of general interest. All such portions of said report as relate to the
receipt and expenditure of money, as well as the number of books on hand,
books lost or missing, and books purchased, shall be verified by
affidavit. (RSMo 1939 § 14781)

Prior revisions: 1929 § 13477; 1919 § 7210; 1909 § 8206

The said cities shall have power to pass ordinances imposing
suitable penalties for the punishment of persons committing injury upon
such library, or the grounds or other property thereof, and for injury to
or failure to return any book belonging to such library. (RSMo 1939 §
14782)

Prior revisions: 1929 § 13478; 1919 § 7211; 1909 § 8207

As of October 13, 1965, and any other provisions of law to the
contrary notwithstanding, all of the area or territory included within
the geographical boundaries of a city, including any area or territory
which becomes a part of any city pursuant to any annexation pending on
October 13, 1965, which maintains a free public library supported at
least in part by taxation, shall be a "municipal library district" and
shall have as its purpose the furnishing of free public library services
to residents of the district, and the district shall be known as "The
city of ............ Municipal Library District", and each such district
shall be a political subdivision of the state of Missouri and a body
corporate with all the powers and rights of like or similar corporations,
and as of the effective date of sections 182.130 and 182.480 to 182.510,
all of the area or territory which is hereby included within a municipal
library district shall be excluded from the boundaries of any existing
county library district, and all of the taxable property located in the
municipal library district shall only be subject to taxation by the
municipal library district and shall hereafter not be subject to taxation
by the county library district; provided, however, that after October 13,
1965, any annexation by a city having within its boundaries a municipal
library district shall not extend the boundaries of the municipal library
district, and any annexed areas shall remain in the county library
district, and the taxable property in any such annexed areas shall only
be subject to taxation by the county library district and shall not be
subject to taxation by the municipal library district; except, that in
any county not having a county library any such annexation shall likewise
extend the boundaries of any existing municipal library district. (L.
1965 p. 312 § 2, A.L. 1969 p. 290)

The current library tax rate being levied in any city in which
there shall be a municipal library district pursuant to the provisions
hereof shall continue to be levied by or for the benefit of the municipal
library district, and all of the provisions of sections 182.010 to
182.460 shall apply to the municipal library districts established by
section 182.480, except any such provision as may be inconsistent with,
or repugnant to, the provisions of sections 182.480 to 182.510. Any
reference to a city library shall mean a municipal library district, and
any reference to the area or territory of a city shall mean the area or
territory in a municipal library district, it being the intention of the
legislature that sections 182.010 to 182.460 as applied to the municipal
library districts created by section 182.480 shall be construed in
harmony with sections 182.480 to 182.510 as far as the same may be
practicable. (L. 1965 p. 312 § 3, A.L. 1969 p. 290, A.L. 1978 H.B. 971)

All real property excluded from a county library district as
provided in sections 182.130 and 182.480 shall thereafter be subject to
the levy of taxes for the payment of any bonded indebtedness of the
county library district outstanding at the time or exclusion and for no
other purpose; provided, however, that any buildings and improvements
thereafter erected or constructed on the excluded real property, and all
machinery and equipment thereafter installed or placed therein or
thereon, and all tangible, personal property thereafter located therein
or thereon shall not be subject to the levy of any taxes of the county
library district. In lieu of the continuing taxation of the real property
excluded from the county library district, the governing body of the city
in which the excluded property is situated may pay to the county library
district a sum equal to that portion of the total bonded indebtedness of
the county library district that the assessed valuation of the excluded
property bears to the total assessed value of the county library district
prior to the exclusion, after which payment the excluded property shall
no longer be subject to any levy of taxes by the county library district.
The funds paid to the county library district shall be used for retiring
the bonds of the county library district. (L. 1965 p. 312 § 5, A.L. 1969
p. 290)

Nothing in sections 182.480 to 182.510 shall be construed so as
to prevent the merger of the city library and the county library district
as provided in section 182.040 or 182.291. (L. 1965 p. 312 § 6, A.L. 1969
p. 290, A.L. 1971 S.B. 171)

Two or more county library districts having the same rate of
taxation on assessed valuation of taxable property within each district
may join in creating a consolidated public library district, which shall
have the same rate of taxation as districts forming the consolidated
public library district, shall have the powers and authority as set out
in sections 182.610 to 182.670, may perform any common function or
service, including the purchase of land, and the purchase, construction
and maintenance of buildings and any other property and may join in the
common employment of any consolidated public library district officer,
librarian or employee. (L. 1972 H.B. 1114)

1. A consolidated public library district may be created by
resolution, duly acted upon, by the governing boards of two or more
county public library districts. After the districts have each resolved
to form a consolidated public library district, they shall apply to the
county commissions or county chief executive officers of the county
districts served by the districts being consolidated. Upon approval of
the consolidation by the appropriate county commissions or county
executive officers, legal notice that the consolidated public library
district has been created, and containing the names of the districts and
members of the governing boards creating it, the names of the trustees of
the consolidated public library district, the name of the consolidated
public library district, the area to be served, the date of its creation
and the location of its principal business office shall be published in
newspapers of general circulation in the county districts to be served by
the consolidated public library district. Notice shall also be filed with
the Missouri state library commission.

2. Whenever five percent of the voters of each of any two or more county
library districts sign a petition, and file it with their appropriate
county commissions or county executive officers requesting submission of
the question of permitting the county library districts to create a
consolidated public library district under section 182.610, the county
commissions or county executive officers shall submit the question to the
voters at an election. The total vote for governor at the last general
election before the filing of the petition whereat a governor was elected
shall be used to determine the number of voters necessary to sign the
petition.

3. The question shall be submitted in substantially the following form:

Shall the ..... county public library district and the..... county public
library district be consolidated and the ..... public library district be
created?

4. If a majority of the voters voting on the question vote for the
question in each of the counties taken separately, it shall be deemed to
have been adopted, but if it fails to receive a majority in any one or
more of the counties, it shall be deemed to have failed. The board of
election commissioners of each county shall canvass the certified
abstracts and notify the presiding commissioner or county executive
officer of each of the county commissions of the results within twenty
days of receipt of the certified abstracts.

5. Within thirty days following the notification of the election
authority of adoption of the question by a majority vote or within thirty
days following the adoption of the resolution, the taxing authorities and
the boards of trustees of the county library districts affected shall
take appropriate action transferring all title and interest in all
property, both real and personal, in the name of the county public
library district to the board of trustees of the consolidated public
library district. Upon the transfer of such title and interest, the
property shall become the property of and subject to the exclusive
control of the consolidated public library district. (L. 1972 H.B. 1114,
A.L. 1978 H.B. 971)

A consolidated public library district is a body corporate and a
political subdivision of the state of Missouri, and by and through its
governing board of trustees may engage in and contract for every and all
types of services, actions or endeavors, not contrary to law, necessary
to the successful and efficient prosecution and continuation of the
businesses and purposes for which it is created, including, but not
limited to, the following:

(1) To have succession by its corporate name perpetually or for a period
of time at the pleasure of the electorate of the counties it serves;

(2) To sue and be sued, complain and defend in any court of law or equity;

(3) To have a corporate seal which may be altered at the pleasure of the
board and to use same by causing it or a facsimile thereof to be
impressed or affixed or in any manner reproduced;

(4) To purchase, take, receive, lease, or otherwise acquire, by eminent
domain or otherwise, own, hold, improve, use, sell, convey, lease,
exchange, transfer and otherwise dispose of all or any part of its real
or personal property, or any interest therein, or other assets wherever
situated; and to hold for any period of time gifts of real and personal
property for the use and benefit of it, the same to be accepted and
controlled by the board of trustees, according to the terms of the deed,
gift, devise or bequest of such property; to make contracts and
guarantees and incur liability; to borrow money at rates of interest; to
issue its bonds or other obligations;

(5) To elect or appoint directors, officers and agents of the district,
define their duties and affix their compensation, to indemnify directors,
officers and employees to the extent and in the manner permitted by law;

(6) To make and alter bylaws, not inconsistent with the laws of this
state, for the administration and regulation of the affairs of the
district, and to adopt emergency bylaws and exercise emergency powers as
permitted by law;

(7) To invest all or any part of the funds of the district in
obligations, redeemable at maturity at par, of the state of Missouri or
any political subdivision thereof, or of the United States or of any
wholly owned corporation of the United States, or certificates of deposit
or time deposits of any financial institution if accompanied by a pledge
of securities of the United States government or other political
subdivision equal in value to the face amount of such securities of
deposit; except that, no funds shall be invested in obligations which are
to mature beyond the date that the funds are needed for purposes for
which they were received by the consolidated public library district.
Interest or earnings derived from the funds shall belong to the district
and may be disbursed and expended for the same purposes and in the same
manner as other funds belonging to the district;

(8) To authorize any employee, trustee, director or librarian of the
board or of the district to attend national, regional or state
conventions, workshops or other meetings deemed by the board to be of
interest to the district; and the board, in its discretion, may authorize
the expenditure of funds of the district to reimburse the employee,
trustee, officer or librarian for expenses incurred in attending such
conventions, meetings or workshops;

(9) To retain or authorize the librarian to retain and employ
accountants, bookkeeping services, architects, financial advisors, legal
counsel, business managers, consultants or other persons offering
specialized services on the conditions and for reasonable fees or
compensation as the board may determine;

(10) To exercise the sole and exclusive control over all of the property
and things of value owned or possessed by the district;

(11) To enter into contracts with any agency of the United States, of
this state, or of any other state; or any city, municipal, school or
public library districts or any political subdivisions of this state or
of any other state, or with any college, university or educational
institution, public or private, or any corporation, organization or
association to render or to receive specific library services;

(12) To apply for and receive and otherwise expend and use any state aid
which is appropriated by the general assembly of the state of Missouri,
on such terms and conditions as shall be set forth and included in that
legislation;

(13) To apply for and receive and otherwise expend and use any federal
aid which is now or hereafter* shall be appropriated by the Congress of
the United States, on such terms and conditions as shall be set forth and
included in that legislation. (L. 1972 H.B. 1114)

*Word "hereinafter" appears in original rolls.

1. A consolidated public library district created under the
provisions of sections 182.610 to 182.670 shall be governed by a board of
trustees which shall consist of not less than eight trustees to be
appointed by the county commission or county executive officers of the
counties participating in the consolidated public library district. The
county commission or county executive officers of each participating
county shall appoint four trustees who are residents of that county and
who reside in the district, as representatives of its county. No
appointed trustee shall be an elective official.

2. The trustees of the existing boards of a county public district shall
remain as the representatives of their respective county and shall serve
the remainder of their respective term as the governing board of a
consolidated public library district. Upon expiration of their term the
county commission or county executive officer shall appoint a resident of
the respective county and district for a four-year term beginning the
first day of July or until a successor shall be appointed. Trustees in
office as of August 28, 2005, who reside outside the district shall be
deemed to have vacated their trusteeships and successors shall be
appointed under subsection 4 of this section.

3. Whenever any member of the board of trustees shall, without good
cause, fail to attend six consecutive board meetings of the consolidated
public library district or whenever any member of the board of trustees
is deemed by the majority of the board of trustees to be guilty of
conduct prejudicial to the good order and effective operation of the
consolidated public library district, or whenever any member is deemed to
be guilty of neglect of duty, then such member may be removed by
resolution of the board of trustees duly acted upon, after specification
of charge and hearing.

4. Vacancies in the board occasioned by removals, resignations, or
otherwise shall be reported to the county commission or county executive
officers and shall be filled in like manner as original appointments;
except that, if the vacancy occurs during an unexpired term, the
appointment shall be for only the unexpired portion of that term.

5. No person shall be employed by the board of library trustees or by the
librarian who is related within the third degree by blood or by marriage
to any trustee of the board.

6. Except as in sections 182.610 to 182.670 otherwise expressly provided,
no trustee of a consolidated public library district shall receive any
fee, salary, gratuity or other compensation or remuneration for acting as
such; except that, the board of trustees may reimburse its members for
actual and necessary expenses incurred in the performance of their duties.

7. The board of trustees shall have a president, secretary and a
treasurer and such other officers as the board may select. All officers
of the board shall be selected by the board. All officers of the board of
trustees shall serve at the pleasure of the board, and shall not receive
any salary, gratuity or other compensation or reimbursement for acting as
such, except the treasurer, who may also serve as secretary.

8. The board shall provide for regularly scheduled meetings of the board
to be held monthly; except that, the board shall not be required to meet
more than ten times in any calendar year. The board shall make and adopt
bylaws, rules and regulations governing the proceedings of the board,
including bylaws prescribing the duties of each officer of the board of
trustees. No bylaws, rules or regulations shall be contrary to, or
inconsistent with, any provision of law.

9. A majority of the full board of trustees shall constitute a quorum for
the transaction of business. The act of the majority of the trustees
present at a meeting at which a quorum is present shall be the act of the
board of trustees, except as hereinafter provided. The affirmative vote
of a majority of the full board of trustees shall be required to enter
into any contract, employ or dismiss the chief administrative officer of
the district, effect a merger or consolidation or approve a budget.

10. The board of trustees of a consolidated public library district shall
adopt policies for the government of the consolidated public library
district that will carry out the spirit and intent of sections 182.610 to
182.670, and the board shall employ a duly qualified graduate librarian
as the chief executive and administrative officer of the consolidated
public library district charged with the duty of carrying out the
policies adopted by the board. The librarian shall serve at the pleasure
of the board. The librarian shall have the authority to employ
professional library assistants and other employees to fill the positions
that are created by the board. The assistants and employees may be
dismissed by the librarian. (L. 1972 H.B. 1114, A.L. 2005 H.B. 47)

1. The fiscal year for each consolidated public library district
shall be July first to June thirtieth, and each year the librarian shall
submit to the board of trustees a budget for the forthcoming fiscal year.
The board shall approve the budget after making any changes therein that
it deems necessary. The budget shall be approved on or before June
thirtieth preceding the fiscal year for which the budget was prepared.
The board on its own motion or at the request of the librarian, from time
to time, may amend or modify the approved budget. A copy of the approved
budget shall be filed with each county commission or county executive
office of the counties comprising the consolidated public library
district, and with the state auditor.

2. The treasurer of the board of trustees of a consolidated public
library district shall receive and be the custodian of all money
belonging to the district from whatever source derived. All funds of the
consolidated public library district derived from local taxation to be
used for normal operations of the district and received from the county
collector, shall be kept in a consolidated library operating fund. All
funds belonging to the district which are to be used for building
purposes shall be kept in a consolidated library building fund; all funds
derived from state aid or federal grants, other than land, building and
furnishing grants, shall be kept in the consolidated library operating
fund; and the board may establish any other funds that it deems
necessary. The treasurer shall deposit all moneys belonging to the
consolidated public library district in the depositaries that are
selected by the board of trustees. The treasurer shall also be the
custodian of all bonds or other securities belonging to the consolidated
public library district.

3. Consolidated public library district moneys shall be disbursed by the
treasurer by appropriate instrument of payment only upon due
authorization of the consolidated public library district board of
trustees and duly certified for payment by the president. The
certification shall specify the amount to be paid, to whom payment is to
be made and the purpose for which payment is being made. The board by
resolution may direct that the signature of the president or treasurer be
a facsimile signature in the manner provided by sections 105.273 to
105.278, RSMo.

4. No authorization or certification shall be made, and no instrument of
payment issued for the payment of any consolidated public library
district indebtedness unless there is sufficient money in the treasury
and the proper fund for the payment of the indebtedness and be in the
proper form.

5. The treasurer of the board of trustees shall submit to the board of
trustees, at each regularly scheduled meeting of the board, an accounting
reflecting receipt and disbursement of funds belonging to the
consolidated public library district. (L. 1972 H.B. 1114)

1. The treasurer, the librarian and other employees as
designated by the board, before entering upon the discharge of their
duties as such, shall enter into bond or bonds with a corporate surety to
be approved by the board of trustees in such amount as may be fixed by
the board, conditioned that they will render a faithful and just account
of all money that comes into their hands, and otherwise perform the
duties of their office according to law. The consolidated public library
district shall pay the premium for the bond or bonds from its operating
fund. A copy of such bond or bonds shall be filed with the treasurer of
the board and clerk for each county included within the consolidated
public library district. In case of a breach of the conditions of the
bond or bonds the board or any taxpayer of the consolidated public
library district may cause suit to be brought thereon. The suit shall be
prosecuted in the name of the state of Missouri at the relation of and
for use of the proper consolidated public library district.

2. The librarian, for and on behalf of the board, shall keep or cause to
be kept financial records and accounts according to generally accepted
accounting standards, and shall furnish to the board or any member
thereof the financial records and accounts, or summaries thereof, that
the board or any member thereof may request.

3. On or before the thirty-first day of August of each year, the
librarian shall make a report to the board, stating the condition of the
library and its services as of the thirtieth day of June of the preceding
fiscal year. This report shall be accompanied by an audit conducted by an
independent auditing firm. On or before the thirtieth day of September,
the reports shall be submitted to the county commissions and county
executive officers and Missouri state library commission by the board of
trustees of the consolidated public library district. (L. 1972 H.B. 1114)

1. Whenever a consolidated public library district has been
created it may levy a tax at a rate of not less than twenty cents on the
one hundred dollars of assessed valuation of all taxable property in the
districts to be served by the consolidated public library district;
except that, any increase in the rate of taxation to be assessed shall,
on resolution adopted by the board of trustees of the consolidated public
library district, be submitted to the county commission or county
executive officers of the counties included within the district, to be
submitted to the voters of the respective counties for approval.

2. The county commissions or county executive officers, after receipt of
the resolution pursuant to the provisions of this section, shall order
that the proposed increase in the rate of taxation be submitted to the
voters of the consolidated public library district at an election. The
order of the commission and the notice shall specify the name of the
county and the rate of taxation mentioned in the petition.

3. The question shall be submitted in substantially the following form:

Shall there be a ... cent tax increase over the.... cent tax per hundred
dollars assessed valuation for the.....consolidated public library
district?

4. If a majority of all the votes cast on the question shall be for the
tax increase as submitted, the increased tax specified in the notice
shall be levied and collected in like manner with other county taxes and
shall be paid and forwarded to the treasurer of the board of trustees of
the consolidated public library district by the county collector.

5. If a majority of the votes cast on the question shall be against the
tax rate as submitted, then the tax rate shall remain at the previously
existing levy.

6. Whenever in any consolidated public library district which has decided
to establish and maintain a free library in any district served under the
provisions of sections 182.610 to 182.670, the consolidated public
library district board of trustees, by written resolution entered of
record, deems it necessary that free library buildings be erected in the
district, it shall notify the county commission or chief executive in
writing asking that an annual tax be levied at and as an increased rate
of taxation for the library buildings and specify in its resolution an
additional rate of taxation of ....... cents on the hundred dollars
annually, and not to be levied for more than ten years on all taxable
property in such consolidated public library district, then the county
commission or county executive officer shall enter of record a brief
recital of the resolution and shall order that the question be submitted
to the voters of the consolidated public library district. The order of
the commission or county executive officer and notice shall specify the
rate of taxation mentioned in the resolution.

7. The question shall be submitted in substantially the following form:

Shall there be a ..... cent tax for erection of library buildings?

8. If the majority of the voters of the county library district voting on
the question vote in favor of the tax, the tax specified in the notice
shall be levied and collected in like manner with other taxes of the
county, and delivered to the treasurer of the board of trustees of the
consolidated public library district, and shall be subject to the
exclusive control of the consolidated public library district board of
trustees, and the fund shall be disbursed by the consolidated public
library district treasurer only upon proper instrument of payment of the
board, and be used for expenses incident to the erection and furnishing
of the library buildings. The levy herein providing for the erection of
library buildings shall be in addition to the tax levied for the
establishment and maintenance of the consolidated public library
district. (L. 1972 H.B. 1114, A.L. 1978 H.B. 971)

1. The board of trustees of the consolidated public library
district may provide for the purchase of ground and for the erection of
public library buildings, and for the improvement of existing buildings,
and for the furnishing of said buildings and may provide for the payment
of the same by the issue of bonds or otherwise, subject to the conditions
and limitations set forth in this section.

2. No bonds shall be issued in an amount in excess of the constitutional
limitations of the value of taxable, tangible property in the
consolidated public library district, as shown by the last completed
assessment for state and county purposes, nor shall such indebtedness be
incurred unless it has been approved by the vote of the constitutionally
required percentage of the voters of the consolidated public library
district voting on the question at a municipal election. The ballot for
approval shall state in boldfaced type the tax rate necessary to retire
the bonds as nearly accurate as may be.

3. The boards of trustees shall provide for the collection of an annual
tax on all taxable, tangible property in the consolidated public library
district sufficient to pay the interest and principal of the indebtedness
as they shall fall due and to retire the same within twenty years from
the date contracted.

4. If, upon the returns from the election, which shall be certified to
the board of trustees of the district, it appears that the question to
incur indebtedness has been assented to by the constitutionally required
percentage of the voters voting on the question, the board of trustees
shall enter of record a brief recital of the returns and shall declare
that the consolidated public library district board of trustees may issue
bonds of the consolidated public library district in a total amount not
in excess of that authorized by the voters. The board shall offer such
bonds at public sale and shall provide such method as it may deem
necessary for the advertisement of the sale of each issue of said bonds
before the same are sold. The bonds shall be issued, payable to bearer
and in denominations of not less than one hundred dollars, or some
multiple thereof, payable in not more than twenty years from the date
they bear, bearing interest from date at a rate not exceeding the rate
allowable by law, payable semiannually, and with interest coupons
attached to conform to the face thereof. All bonds shall be signed by the
president of the board of trustees, attested by the signature of the
treasurer, and each bond shall have impressed thereon the corporate seal
of the consolidated public library district. (L. 1972 H.B. 1114, A.L.
1978 H.B. 971)

1. Any consolidated public library district created under
sections 182.610 to 182.670 may enlarge the area it serves by
incorporating into it any county, city, municipal, school or public
library district.

2. The board of trustees of a county, city, municipal, school or public
library district may, by resolution duly acted upon, petition the board
of trustees of a consolidated public library district to become a part of
and be* included in such consolidated public library district. The
petitioning district may be admitted into the consolidated public library
district upon majority vote of the board of trustees of the consolidated
public library district at the prevailing tax rate of the consolidated
district. Notice of inclusion of the petitioning district into the
consolidated public library district shall be given to the governing
authority of the district so included in accordance with the notice
provisions set out in section 182.620.

3. Whenever five percent of the voters of a county, city, municipal,
school or public library district shall petition in writing the governing
authority of the district to be included in the consolidated public
library district and upon written approval by majority vote of the board
of trustees of the consolidated public library district, it shall be the
duty of the governing authority to submit the question to the voters of
the petitioning district at an election.

4. Upon admission of any petitioning district by majority vote of the
board of trustees of the consolidated public library district or upon
majority approval of the voters of any such district for inclusion in the
consolidated public library district, the taxing authority and governing
authority of the district shall take appropriate action to transfer,
within sixty days following the approval or election, all title and
interest in all property both real and personal in the name of the
district, to the board of trustees of the consolidated public library
district. Upon the transfer of the title and interest in the property, it
shall become a part of the consolidated public library district.

5. If the tax levy for the district admitted is not at the same rate as
that of the consolidated public library district or if there is no tax
levied in the district for the support of public libraries, then at the
beginning of the next taxing period a tax or taxes shall be levied in the
district admitted to conform to and be the same as that levied in the
consolidated public library district. (L. 1972 H.B. 1114, A.L. 1978 H.B.
971)

*Word "be" does not appear in original rolls.

1. The board of trustees of the consolidated public library
district shall adopt reasonable rules and regulations governing the terms
and privileges for the use of the library and its facilities and shall
cause the same to be published, with amendments, and filed with the clerk
of each county served by the consolidated public library district and
shall have on file a copy thereof in all library facilities open to the
public.

2. If any person or corporation using the facilities of the consolidated
public library district shall violate any of the published rules or
regulations adopted by the board, the board or the librarian of the
consolidated public library district may suspend that person's or
corporation's library privileges either temporarily or permanently, as
the consolidated public library district shall deem to be in the best
interests of the consolidated public library and of the people it serves.
(L. 1972 H.B. 1114)

As used in sections 182.701 to 182.723, the following terms mean:

(1) "Nine director urban school district", a school district which is
located in a county of the first class having a charter form of
government, which school district contains the greater part of a city
which has a population of more than three hundred thousand inhabitants as
defined in sections 162.461 to 162.551, RSMo;

(2) "Public library purposes", all those functions ordinarily and
properly carried out by a public library, including, but not limited to,
the acquisition, storage, indexing, display and distribution of reading
and viewing materials for use by the public, maintenance of facilities
for the storage, reading and viewing of such materials, and the
management and administration of these operations;

(3) "Board of trustees", the members of the library board of an urban
public library district appointed pursuant to the provisions of sections
182.701 to 182.723. (L. 1988 S.B. 681)

Urban public library districts may be created, upon the
favorable vote of a majority of the residents of the nine director school
district voting at an election held on any permissible election date. The
decision as to whether the issue of creation of a new urban public
library district will be placed on the ballot must be made by a majority
vote of the nine member board of directors of the urban school district.
The boundaries of any new urban public library district shall coincide
with the respective nine director urban school district. Upon creation of
any such district, the new district shall be designated as successor to
any public library system operated within such boundaries immediately
preceding the date of the election, and shall be entitled to levy a
property tax at the same rate as had been authorized pursuant to section
137.030, RSMo, for operation of the public library by the nine director
urban school district immediately prior to creation of the new urban
public library district. Effective the first calendar year after the
election resulting in creation of the urban public library district, the
nine director urban school district serving the same boundaries shall no
longer be authorized to levy a tax for public library purposes. The
alteration of the boundaries of a nine director urban school district
shall not affect the boundaries of any urban public library district
created pursuant to sections 182.701 to 182.723. (L. 1988 S.B. 681)

An urban public library district is a body corporate and a
political subdivision of the state of Missouri, and by and through its
governing board of trustees may engage in and contract for every and all
types of services, actions or endeavors, not contrary to law, necessary
to the successful and efficient prosecution and continuation of the
businesses and purposes for which it is created, including, but not
limited to, the following:

(1) To have succession by its corporate name perpetually or for a period
of time at the pleasure of the electorate of the district it serves;

(2) To sue and be sued, complain and defend in any court of law or equity;

(3) To have a corporate seal which may be altered at the pleasure of the
board of trustees and to use the same by causing it or a facsimile
thereof to be impressed or affixed or in any manner reproduced;

(4) To purchase, take, receive, lease, or otherwise acquire, by eminent
domain or otherwise, own, hold, improve, use, sell, convey, lease,
exchange, transfer and otherwise dispose of all or any part of its real
or personal property, or any interest therein, or other assets wherever
situated; and to hold for any period of time gifts of real and personal
property for the use and benefit of it, the same to be accepted and
controlled by the board of trustees, according to the terms of the deed,
gift, devise or bequest of such property; to make contracts and
guarantees and incur liability; to borrow money at rates of interest; to
issue its bonds or other obligations;

(5) To elect or appoint officers and agents of the library district,
define their duties and fix their compensation, and to indemnify
directors, officers and employees to the extent and in the manner
permitted by law;

(6) To make and alter bylaws, not inconsistent with the laws of this
state, for the administration and regulation of the affairs of the
district, and to adopt emergency bylaws and exercise emergency powers as
permitted by law;

(7) To invest all or any part of the funds of the district in
obligations, redeemable at maturity at par, of the state of Missouri or
any political subdivision thereof, or of the United States or of any
wholly owned corporation of the United States, or certificates of deposit
or time deposits of any financial institution if the financial
institution has deposited securities under the provisions of sections
110.010 and 110.020, RSMo; except that, no funds shall be invested in
obligations which are to mature beyond the date that the funds are needed
for purposes for which they were received by the consolidated public
library district. Interest or earnings derived from the funds shall
belong to the district and may be disbursed and expended for the same
purposes and in the same manner as other funds belonging to the district;

(8) To authorize any employee, or trustee of the district to attend
national, regional or state conventions, workshops or other meetings
deemed by the board to be of interest to the district; and the board, in
its discretion, may authorize the expenditure of funds of the district to
reimburse the employee, trustee, officer or librarian for expenses
incurred in attending such conventions, meetings or workshops;

(9) To retain or authorize the library director to retain and employ
accountants, bookkeeping services, architects, financial advisors, legal
counsel, business managers, consultants or other persons offering
specialized services on the conditions and for reasonable fees or
compensation as the board may determine;

(10) To exercise the sole and exclusive control over all of the property
and things of value owned or possessed by the district;

(11) To enter into contracts with any agency of the United States, of
this state, or of any other state; or any city, municipal, school or
public library district or any political subdivisions of this state or of
any other state, or with any college, university or educational
institution, public or private, or any corporation, organization or
association to render or to receive specific library services;

(12) To apply for and receive and otherwise expend and use any state aid
which is appropriated by the general assembly of the state of Missouri,
on such terms and conditions as shall be set forth and included in that
legislation;

(13) To apply for and receive and otherwise expend and use any federal
aid which is now or hereafter shall be appropriated by the Congress of
the United States, on such terms and conditions as shall be set forth and
included in that legislation. (L. 1988 S.B. 681)

1. An urban public library district created under the provisions
of sections 182.701 to 182.723 shall be governed by a board of trustees
which shall consist of nine members. The initial board of trustees shall
be appointed by the board of directors of the nine director urban school
district, no later than fifteen business days following an election
approving creation of an urban public library district. The new board of
trustees shall meet and organize within ten days of appointment, or as
soon after as reasonably practicable. After the initial appointments,
successor trustees shall be appointed by the mayors of the three cities
in which the greatest portion of the geographic area of the new urban
public library district is located. Seven trustees shall be appointed by
the mayor of the city in which the greatest percentage of the geographic
area served is located. The mayor of each of the other two cities shall
be entitled to appoint one member of the board of trustees. The mayor of
the city comprising the third largest geographic area shall be authorized
to appoint one board member two years following the initial appointment.
The mayor of the city serving the second largest geographic area shall be
authorized to appoint one member four years after the initial appointment.

2. Of the nine members initially appointed to the board of trustees
pursuant to subsection 1 of this section, two shall serve for two years,
three shall serve for three years and four shall serve for four years. At
the time of the organizational meeting of the initial library board
appointed by the board of education, the nine appointed members shall
decide by drawing lots which shall serve for two, three or four years.
After the initial members of the board of trustees have been appointed in
the manner set forth above, members shall be appointed to serve terms of
four years, except that a member appointed to fill a vacancy in a term of
office shall be appointed to serve only the remainder of that term. Each
member appointed shall serve until his successor in office is appointed
and qualified.

3. Each member of the board of trustees shall be at least twenty-five
years of age and shall be a resident of the urban public library district
and shall have resided within the state of Missouri for at least one year
next preceding his or her appointment.

4. Vacancies in the board of trustees occasioned by removals,
resignations, or otherwise shall be reported to the mayor of the
appropriate appointing city, and shall be filled in like manner as
original appointment; except that, if the vacancy occurs during an
unexpired term, the appointment shall be for only the unexpired portion
of that term.

5. No trustee shall receive any fee, salary, gratuity or other
compensation or remuneration for acting as such, except that the board of
trustees may reimburse its members for actual and necessary expenses
incurred in the performance of their duties.

6. The board of trustees shall have a president, secretary, and a
treasurer and such other officers as the board may select. All officers
of the board of trustees shall be selected by the board. All officers of
the board of trustees shall serve at the pleasure of the board and shall
not receive any salary, gratuity or other compensation or reimbursement
for acting as such, except the treasurer, who may also serve as secretary.

7. The board of trustees shall provide for regularly scheduled meetings
of the board to be held monthly. The board of trustees shall make and
adopt bylaws, rules and regulations governing the proceedings of the
board, including bylaws prescribing the duties of each officer of the
board of trustees. No bylaws, rules or regulations shall be contrary to,
or inconsistent with, any provision of law.

8. A majority of the full board of trustees shall constitute a quorum for
the transaction of business. An act of the majority of the trustees
present at a meeting at which a quorum is present shall be the act of the
board of trustees, except as hereinafter provided. The affirmative vote
of a majority of the full board of trustees shall be required to enter
into any contract, employ or dismiss the chief administrative officer of
the district, effect a merger or consolidation or approve a budget.

9. The board of trustees of an urban public library district shall adopt
policies for the government of the urban public library district that
will carry out the spirit and intent of sections 182.701 to 182.723, and
the board of trustees shall employ a chief executive as administrative
officer of the urban public library district charged with the duty of
carrying out the policies adopted by the board of trustees. The chief
executive shall serve at the pleasure of the board of trustees. The chief
executive shall have the authority to employ professional library
assistants and other employees to fill the positions that are created by
the board of trustees. The assistants and employees may be dismissed by
the chief executive. (L. 1988 S.B. 681, A.L. 2005 H.B. 638)

All employees of an urban public library district who would be
eligible for membership in the public school retirement system of the
public library system continued to be operated by the nine director urban
school district shall be members of the retirement system of a nine
director urban school district created pursuant to sections 169.270 to
169.400, RSMo. (L. 1988 S.B. 681)

1. The fiscal year for each urban public library district shall
be July first to June thirtieth, and each year the librarian shall submit
to the board of trustees a budget for the forthcoming fiscal year. The
board of trustees shall approve the budget after making any changes
therein that it deems necessary. The budget shall be approved on or
before June thirtieth preceding the fiscal year for which the budget was
prepared. The board of trustees on its own motion or at the request of
the librarian, from time to time, may amend or modify the approved
budget. A copy of the approved budget shall be filed with the state
auditor.

2. The treasurer of the board of trustees of an urban public library
district shall receive and be the custodian of all money belonging to the
district from whatever source derived. All funds of the urban public
library district derived from local taxation to be used for normal
operations of the district shall be kept in a library operating fund. All
funds belonging to the district which are to be used for building
purposes shall be kept in a library building fund; all funds derived from
state aid or federal grants, other than land, building and furnishing
grants, shall be kept in the library operating fund; and the board of
trustees may establish any other funds that it deems necessary. The
treasurer shall deposit all moneys belonging to the urban public library
district in the depositaries that are selected by the board of trustees.
The treasurer shall also be the custodian of all bonds or other
securities belonging to the urban public library district.

3. Urban public library district moneys shall be disbursed by the
treasurer by appropriate instrument of payment only upon due
authorization of the board of trustees and duly certified for payment by
the president. The certification shall specify the amount to be paid, to
whom payment is to be made and the purpose for which payment is being
made. The board of trustees by resolution may direct that the signature
of the president or treasurer be a facsimile signature in the manner
provided by sections 105.272 to 105.278, RSMo.

4. No authorization or certification shall be made, and no instrument of
payment shall be issued for the payment of any urban public library
district indebtedness unless there is sufficient money in the treasury
and the proper fund for the payment of the indebtedness and the
indebtedness is in the proper form.

5. The treasurer of the board of trustees shall submit to the board of
trustees, at each regularly scheduled meeting thereof, an accounting
reflecting receipt and disbursement of funds belonging to the urban
public library district. (L. 1988 S.B. 681)

1. The treasurer, the librarian and other employees as
designated by the board of trustees, before entering upon the discharge
of their duties as such, shall enter into bond or bonds with a corporate
surety to be approved by the board of trustees in such amount as may be
fixed by the board of trustees, conditioned that they will render a
faithful and just account of all money that comes into their hands, and
otherwise perform the duties of their office according to law. The urban
public library district shall pay the premium for the bond or bonds from
its operating fund. A copy of such bond or bonds shall be filed with the
treasurer of the board of trustees and clerk for each county included
within the urban public library district. In case of a breach of the
conditions of the bond or bonds the board or any taxpayer of the urban
public library district may cause suit to be brought thereon. The suit
shall be prosecuted in the name of the state of Missouri at the relation
of and for use of the urban public library district.

2. The chief executive officer of the district, for and on behalf of the
board of trustees, shall keep or cause to be kept financial records and
accounts according to generally accepted accounting standards, and shall
furnish to the board of trustees or any member thereof the financial
records and accounts, or summaries thereof, that the board of trustees or
any member thereof may request.

3. On or before the thirty-first day of August of each year, the chief
executive officer shall make a report to the board of trustees, stating
the condition of the library and its services as of the thirtieth day of
June of the preceding fiscal year. This report shall be accompanied by an
audit conducted by an independent auditing firm. On or before the
thirtieth day of September, the reports shall be submitted to the
Missouri state library commission by the board of trustees. (L. 1988 S.B.
681)

1. Whenever an urban public library district is created pursuant
to section 182.703, the vote for creation of the urban public library
district shall provide that any levy for library purposes established
pursuant to section 137.030, RSMo, shall be transferred to the urban
public library district and such urban public library district shall be
authorized to levy a tax at this established levy rate. Any increase
above this levy rate shall, on resolution adopted by the board of
trustees of the urban public library district, be submitted to the voters
of the urban public library district for approval, in accordance with the
provisions of section 137.030, RSMo.

2. If a majority of all the votes cast on the question shall be for the
tax increase as submitted, the increased tax specified in the notice
shall be levied and collected in like manner with other county taxes and
shall be paid and forwarded to the treasurer of the board of trustees of
an urban public library district by the county collector.

3. If a majority of the votes cast on the question shall be against the
tax rate as submitted, then the tax rate shall remain at the previously
existing levy.

4. Whenever in any urban public library district which has decided to
establish and maintain a free library in any district served under the
provisions of sections 182.701 to 182.723, the urban public library
district board of trustees, by written resolution entered of record,
deems it necessary that free library buildings be erected in the district
it shall notify the appropriate election authorities that the question
should be submitted to the voters of the urban public library district.
The resolution and the notice shall specify the rate of taxation
necessary.

5. The question shall be submitted in substantially the following form:

Shall there be a ................... cent tax for erection of library
buildings?

6. If the majority of the voters of the urban public library district
voting on the question vote in favor of the tax, the tax specified in the
notice shall be levied and collected in like manner with other taxes of
the district, and delivered to the treasurer of the board of trustees of
the urban public library district, and shall be subject to the exclusive
control of the urban public library district board of trustees and the
fund shall be disbursed by the urban public library district treasurer
only upon proper instrument of payment of the board of trustees, and be
used for expenses incident to the erection and furnishing of the library
buildings. The levy herein providing for the erection of library
buildings shall be in addition to the tax levied for the establishment
and maintenance of the urban public library district. (L. 1988 S.B. 681)

1. The board of trustees of an urban public library district may
provide for the purchase of ground and for the erection of public library
buildings, and for the improvement of existing buildings, and for the
furnishing of the buildings and may provide for the payment of the same
by the issue of bonds or otherwise, subject to the conditions and
limitations set forth in this section.

2. No bonds of the public library district shall be issued in an amount
in excess of the constitutional limitations of the value of taxable,
tangible property in an urban public library district, as shown by the
last completed assessment for state and county purposes, nor shall such
indebtedness be incurred unless it has been approved by the vote of the
constitutionally required percentage of the voters of an urban public
library district voting on the question at an election. The ballot for
approval shall state in boldfaced type the tax rate necessary to retire
the bonds as nearly accurate as may be.

3. The board of trustees shall provide for the collection of an annual
tax on all taxable, tangible property in an urban public library district
sufficient to pay the interest and principal of the indebtedness as they
shall fall due and to retire the same within twenty years from the date
contracted.

4. If, upon the returns from the election, which shall be certified to
the board of trustees, it appears that the question to incur indebtedness
has been assented to by the constitutionally required percentage of the
voters voting on the question, the board of trustees shall enter of
record a brief recital of the returns and shall declare that the urban
public library district board of trustees may issue bonds of the urban
public library district in a total amount not in excess of that
authorized by the voters. The board of trustees shall offer such bonds at
public sale and shall provide such method as it may deem necessary for
the advertisement of the sale of each issue of said bonds before the same
are sold. The bonds shall be issued, payable to bearer and in
denominations of not less than one hundred dollars, or some multiple
thereof, payable in not more than twenty years from the date they bear,
bearing interest from date at a rate not exceeding the rate allowable by
law, payable semiannually, and with interest coupons attached to conform
to the fact thereof. All bonds shall be signed by the president of the
board of trustees, attested by the signature of the treasurer, and each
bond shall have impressed thereon the corporate seal of the urban public
library district. (L. 1988 S.B. 681)

1. The board of trustees of an urban public library district
shall adopt reasonable rules and regulations governing the terms and
privileges for the use of the library and its facilities and shall cause
the same to be published, with amendments, and filed with the clerk of
the county served by the urban public library district, and shall have on
file a copy thereof in all library facilities open to the public.

2. If any person or corporation using the facilities of an urban public
library district shall violate any of the published rules or regulations
adopted by the board of trustees, the board of trustees or the librarian
of the urban public library district may suspend that person's or
corporation's library privileges either temporarily or permanently, as
the urban public library district shall deem to be in the best interests
of the urban public library and of the people it serves. (L. 1988 S.B.
681)

1. Except as otherwise provided in subsections 2 and 3 of this
section, on the effective date of the creation of an urban public library
district pursuant to sections 182.701 to 182.723, all right, title and
interest of a nine-director urban school district in and to all real
property and improvements thereon used for public library purposes or
thereafter acquired for public library purposes shall be transferred to
and vested in the urban public library district the boundaries of which
coincide with those of the nine director urban school district.

2. Any real property held by a nine-director urban school district which
was formerly used for nonlibrary purposes, and which at the time of the
election resulting in creation of an urban public library district had a
building constructed thereon used for public library purposes with a
postal facility in the building, shall become the property of the new
urban public library district.

3. Any real property or improvements thereon or both which were acquired,
built or developed with funds raised or provided for, or otherwise
dedicated to, both library purposes and nonlibrary purposes shall be
retained by the nine-director urban school district. If any urban public
library district elects to continue to occupy and use that building space
used for public library purposes on the real property following creation
of the urban public library district, the urban public library district
shall make such rental payments as are agreed upon by the urban school
district and the urban public library district. The urban school district
shall not be required to permit such use, which shall occur only through
a duly authorized and executed lease agreement.

4. In addition to the transfer of any fee simple rights to property which
was used solely for public library purposes as of the date of creation of
the urban public library district, the urban school district serving the
area shall transfer to the new urban public library district any and all
reversionary rights, leasehold rights or other real property rights or
obligations, including the obligation to make rental payments, which
pertain to property used solely for public library purposes, except as
otherwise provided for this section. (L. 1988 S.B. 681)

Upon the effective date of creation of an urban public library
district any and all outstanding obligations of a nine-director urban
school district incurred for public library purposes shall become the
obligations of the corresponding urban public library district; all funds
of such nine-director urban school district collected and held for public
library purposes shall be transferred to and vested in the urban public
library district; and all personal property held by such nine-director
urban school district and used for public library purposes shall be
transferred to and vested in the urban public library district. Any money
borrowed and bonds issued for the purpose of purchasing sites for public
library buildings or erecting, remodeling, or furnishing library
buildings or any combination thereof shall be deemed obligations incurred
for public library purposes. (L. 1988 S.B. 681)

The governing board of any free library district may invest
funds of the district. The board may invest the funds in either open time
deposits for ninety days or certificates of deposit in a depositary
selected by the board, if the depositary has deposited securities under
the provisions of sections 110.010 and 110.020, RSMo; or in bonds,
redeemable at maturity at par, of the state of Missouri, of the United
States, or of any wholly owned corporation of the United States; or in
other short term obligations of the United States. No open time deposits
shall be made or bonds purchased to mature beyond the date that the funds
are needed for the purpose for which they were received by the district.
Interest accruing from the investment of funds in such deposits or bonds
shall be credited to the library district fund from which the money was
invested. (L. 1971 H.B. 104 § 1)

The library board or board of trustees of any library in the
state supported in whole or in part by taxation may purchase and maintain
insurance for members of the board, individually, against any liabilities
incurred as board members. (L. 1982 S.B. 835)

1. As used in this section, the term "library network" shall
mean a formal process of cooperation between libraries and other entities
to serve the people of Missouri in an improved fashion through planning
and implementing projects and joint activities designed to share and
extend combined resources.

2. The state librarian shall promulgate rules and regulations to
administer any moneys appropriated by the general assembly for library
networks. The sum so appropriated for library networks shall be separate
and apart from any and all appropriations made to the state library for
any other purpose. The state librarian shall certify the amount of each
grant to each approved library network, and warrants shall be issued for
the amount so allocated and approved.

3. A special fund to be known as the "Library Networking Fund" is hereby
established within the state treasury. It shall consist of any gifts,
contributions, grants, or bequests received from federal, private or
other sources. Notwithstanding the provisions of section 33.080, RSMo, to
the contrary, moneys in the fund for library networking shall not be
transferred to the credit of the general revenue fund at the end of any
biennium. All yield, interest, income, increment or gain received from
time deposit of moneys in the state treasury to the credit of the library
networking fund shall be credited by the state treasurer to the fund.

4. No rule or portion of a rule promulgated under the authority of this
section shall become effective until it has been approved by the joint
committee on administrative rules in accordance with the procedures
provided in this section, and the delegation of the legislative authority
to enact law by the adoption of such rules is dependent upon the power of
the joint committee on administrative rules to review and suspend rules
pending ratification by the senate and the house of representatives as
provided in this section.

5. Upon filing any proposed rule with the secretary of state the state
librarian shall concurrently submit such proposed rule to the committee
which may hold hearings upon any proposed rule or portion thereof at any
time.

6. A final order of rulemaking shall not be filed with the secretary of
state until thirty days after such final order of rulemaking has been
received by the committee. The committee may hold one or more hearings
upon such final order of rulemaking during the thirty-day period. If the
committee does not disapprove such order of rulemaking within the thirty-
day period, the state librarian may file such order of rulemaking with
the secretary of state and the order of rulemaking shall be deemed
approved.

7. The committee may, by majority vote of the members, suspend the order
of rulemaking or portion thereof by action taken prior to the filing of
the final order of rulemaking only for one or more of the following
grounds:

(1) An absence of statutory authority for the proposed rule;

(2) An emergency relating to public health, safety or welfare;

(3) The proposed rule is in conflict with state law;

(4) A substantial change in circumstance since enactment of the law upon
which the proposed rule is based.

8. If the committee disapproves any rule or portion thereof, the state
librarian shall not file such disapproved portion of any rule with the
secretary of state and the secretary of state shall not publish in the
Missouri Register any final order of rulemaking containing the
disapproved portion.

9. If the committee disapproves any rule or portion thereof, the
committee shall report its findings to the senate and the house of
representatives. No rule or portion thereof disapproved by the committee
shall take effect so long as the senate and the house of representatives
ratify the act of the joint committee by resolution adopted in each house
within thirty legislative days after such rule or portion thereof has
been disapproved by the joint committee.

10. Upon adoption of a rule as provided in this section, any such rule or
portion thereof may be suspended or revoked by the general assembly
either by bill or, pursuant to section 8, article IV of the Constitution
of Missouri, by concurrent resolution upon recommendation of the joint
committee on administrative rules. The committee shall be authorized to
hold hearings and make recommendations pursuant to the provisions of
section 536.037, RSMo. The secretary of state shall publish in the
Missouri Register, as soon as practicable, notice of the suspension or
revocation. (L. 1983 H.B. 300 § 1, A.L. 1995 S.B. 14)

As used in this section and section 182.817, the following terms
shall mean:

(1) "Library", any library established by the state or any political
subdivision of the state, or combination thereof, by any community
college district, or by any college or university, and any private
library open to the public;

(2) "Library material", any book, document, film, record, art work, or
other library property which a patron may use, borrow or request;

(3) "Library record", any document, record, or other method of storing
information retained, received or generated by a library that identifies
a person or persons as having requested, used, or borrowed library
material, and all other records identifying the names of library users.
The term "library record" does not include nonidentifying material that
may be retained for the purpose of studying or evaluating the circulation
of library material in general. (L. 1986 H.B. 1372 § 1)

Notwithstanding the provisions of any other law to the contrary,
no library or employee or agent of a library shall be required to release
or disclose a library record or portion of a library record to any person
or persons except:

(1) In response to a written request of the person identified in that
record, according to procedures and forms giving written consent as
determined by the library; or

(2) In response to an order issued by a court of competent jurisdiction
upon a finding that the disclosure of such record is necessary to protect
the public safety or to prosecute a crime. (L. 1986 H.B. 1372 § 2)

As used in sections 182.825 and 182.827, the following terms
mean:

(1) "Pornographic for minors", as that term is defined in section
573.010, RSMo;

(2) "Public access computer", a computer that is:

(a) Located in an elementary or secondary public school or public library;

(b) Frequently or regularly used directly by a minor; and

(c) Connected to any computer communication system. (L. 2002 H.B. 1402)

1. A public school that provides a public access computer shall
do one or both of the following:

(1) Equip the computer with software that will limit minors' ability to
gain access to material that is pornographic for minors or purchase
Internet connectivity from an Internet service provider that provides
filter services to limit access to material that is pornographic for
minors;

(2) Develop and implement by January 1, 2003, a policy that is consistent
with community standards and establishes measures to restrict minors from
gaining computer access to material that is pornographic for minors.

2. The department of elementary and secondary education shall establish
rules and regulations for the enforcement of subsection 1 of this
section. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is created under the authority delegated in
this section shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2002, shall be invalid and void.

3. A public library that provides a public access computer shall do one
or both of the following:

(1) Equip the computer with software that will limit minors' ability to
gain access to material that is pornographic for minors or purchase
Internet connectivity from an Internet service provider that provides
filter services to limit access to material that is pornographic for
minors;

(2) Develop and implement by January 1, 2003, a policy that is consistent
with community standards and establishes measures to restrict minors from
gaining computer access to material that is pornographic for minors.

4. The secretary of state shall establish rules and regulations for the
enforcement of subsection 3 of this section. Any rule or portion of a
rule, as that term is defined in section 536.010, RSMo, that is created
under the authority delegated in this section shall become effective only
if it complies with and is subject to all of the provisions of chapter
536, RSMo, and, if applicable, section 536.028, RSMo. This section and
chapter 536, RSMo, are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536, RSMo, to review, to delay
the effective date or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any
rule proposed or adopted after August 28, 2002, shall be invalid and void.

5. Any public school board member, officer or employee, including library
personnel, who willfully neglects or refuses to perform a duty imposed by
this section shall be subject to the penalties imposed pursuant to
section 162.091, RSMo.

6. A public school or public school board member, officer or employee,
including library personnel, public library or public library board
member, officer, employee or trustee that complies with subsection 1 or 3
of this section or an Internet service provider providing Internet
connectivity to such public school or library in order to comply with
this section shall not be criminally liable or liable for any damages
that might arise from a minor gaining access to material that is
pornographic for minors through the use of a public access computer that
is owned or controlled by the public school or public library. (L. 2002
H.B. 1402)

Any city in this state may maintain from its own resources a
free public library without the levy or collection of a tax specifically
designated for the support and maintenance of such library. The governing
body of the city may act as the library board for the library and may
designate city officers and employees to serve in other capacities
related to the operation of the library. The governing body of the city
may accept from any sources property or funds to be utilized for the
establishment, maintenance and support of the library. Any city
maintaining from its own resources a free public library without the levy
or collection of a tax specifically designated for the support and
maintenance of such library shall be eligible for state aid to public
libraries under the provisions of chapter l8l, RSMo, if the support
provided by the city for the public library is at least equal to the
amount of revenue which would be realized by a tax of one mill if the
library had been tax supported. (L. 1987 H.B. 179 & 307)

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