CHAPTER 96 - THE LIBRARY COMMISSION OF THE STATE OF DELAWARE
AN ACT TO AMEND CHAPTER 34 OF THE REVISED CODE OF DELAWARE, 1935, IN REFERENCE TO THE LIBRARY COMMISSION OF THE STATE OF DELAWARE, BY REORGANIZING THE SAID COMMISSION.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 34 of the Revised Code of Delaware, 1935, be and the same is hereby amended, by striking out and repealing all of 1044. Sec. 1. and 1045. Sec. 2. thereof, and inserting in lieu thereof, two new Sections, to be styled 1044. Sec. 1. and 1045. Sec. 2., as follows:
1044. Sec. 1. Commission Established; Appointment; Terms Of Office; Qualifications; Vacancies, How Filled:—A Board to be known as "The Libarary* Commission for the State of Delaware" is established. Said commission shall be composed of nine persons to be appointed by the Governor, who shall respectively hold office for the term of five years or until their successors are duly chosen; provided that for the first Commission three members are appointed for the term of one year, three members for the term of three years, and three members for the term of five years. All vacancies on said Commission, whether occurring by expiration of term, or otherwise, shall be filled by the Governor for the unexpired term and until a successor shall be appointed. No person shall be ineligible by reason of sex to serve on the Commission.
1045. Sec. 2. Organization; Compensation Of Members; Expenditures, How Paid:—The said Commission shall organize by the selecting from its members of a President and by the selection of a qualified librarian who shall serve as Secretary of said Commission, but shall have no vote or voice in the acts and proceedings of said Commission.
Said Commission may also employ such other assistants as shall be required for the performance of the Commission's work, who shall serve under such conditions as the Commission shall determine.
No member shall receive any salary or compensation for his services as such Commissioner.
On or before the fifteenth day of September, The Library Commission for the State of Delaware shall transmit biennially to the Governor and to the General Assembly a Library Commission budget which shall be reported on the official estimate blanks furnished for such purposes, an estimate in itemized form showing the amount needed for each fiscal year of the ensuing biennial period beginning with the first day of July next, thereafter.
Section 2. That Chapter 34 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1049. Sec. 6. and 1050. Sec. 7. and 1051. Sec. 8. thereof, and inserting in lieu thereof, three new Sections, to be styled 1049. Sec. 6., 1050. Sec. 7. and 1051. Sec. 8., as follows:
1049. Sec. 6. Classification Of School Districts:—For the purposes of this Chapter, all the School Districts in this State, are classified as follows:
Every District with a population of Four Thousand (4000) or more shall be deemed a District of the First Class; every District with a population less than Four Thousand (4000), but not less than Three Thousand (3000), shall be deemed a District of the Second Class; every District with a population less than Three Thousand, (3000), but not less than Twelve Hundred (1200), shall be deemed a District of the Third Class; every District with a population less than Twelve Hundred, (1200) , shall be deemed a District of the Fourth Class.
1050. Sec. 7. District Free Library; Electors To Decide Upon Establishment of; Election, When Held; Notice Of; How Petitioned For:—Every Board of Education or Board of School Trustees shall submit the question as to the establishment of a free public library in the School District under the jurisdiction of the Board to the qualified Electors of such District, at a special election to be called by said Board whenever petitioned so to do by twenty (20) or more Electors of the District. Such special election shall be called by the Board for a day not later than sixty (60) days after such petition. The said Board shall give notice of the day or place and purpose of such special election by printed or written advertisements posted in at least five (5) public places in the District at least ten (10) days prior to the day of such election. In case the Board shall neglect or refuse to give such notice, any qualified elector of the District may do so and the notice so given shall be as effectual as though given by said Board.
1051. Sec. 8. Election, Conduct Of; Voting; Qualification Of Voters; Certified Results:—The Board of Education or Board of School Trustees shall appoint the persons to conduct the election, but if the Board shall neglect or refuse to make such appointment, the Electors assembled at the polls may do so. All persons in the School District entitled to vote at a school election in the School District shall be entitled to vote at such election. The voting shall be by ballot, on which shall be written or printed the words "for a free library," or the words "against a free library". A majority of the votes cast at such election shall determine the question. The persons conducting the said election shall certify the result of said election to the Board of Education or the Board of School Trustees of the District."
Section 3. That Chapter 34 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1053. Sec. 10. thereof, and inserting in lieu thereof, a new Section, to be styled 1053. Sec. 10., as follows:
1053. Sec. 10. Taxation To Establish And Maintain Library, When; By Whom; Amount In Each Class Or District; Limit Of; Taxes, How Levied And Collected:—If at any election, the qualified Electors shall, in the manner aforesaid, declare in favor of the establishment of a Free Public Library in the District, the Board of Education or Board of School Trustees of the School District in which the election was held is hereby authorized empowered and required to levy and raise by taxation, in each year, for the purpose of the establishment of such a library therein, and/or for the maintenance, increase and support of said library, such sum of money as the District Library Commission of the District shall certify to the Board of Education or Board of School Trustees as proper or necessary for the expenses of the library for the year in which such sum is to be levied and raised as aforesaid, provided that the sum so certified shall be not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) if the District be a District of the First Class, or not less than Five Hundred ($500.00) nor more than Two Thousand Dollars ($2,000.00), if the District be a District of the Second Class, or not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), if the District be a District of the Third Class, or not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), if the District be a District of the Fourth Class; the class to which the District belongs being determined by the classification as set forth in Section 6 of this Chapter.
All sums authorized to be levied and raised by taxation under this Chapter shall be levied, raised and collected as follows:
The Board of Education or Board of School Trustees shall cause to be made from the assessment Records of the County in which the District is located a list of all the taxables of the District showing the property assessed against such taxables and the assessment of such property. There may also be added a poll tax on all persons twenty-one (21) years of age and upwards, residing in the District, of such amount as shall be determined by the Board.
A copy of the assessment list shall be posted in such public place of the District for inspection and the Board shall advertise such posting in at least five (5) public places of the District, giving notice that such list is posted and where, and the day, hour and place (not less than five (5) days thereafter) of their sitting to hear objections. Upon such hearing the said Board shall make such corrections and additions as shall be right and proper.
Upon the completion of the assessment, the Board shall fix the rate sufficient to raise the amount determined to be raised at the time with an addition of ten per cent added thereto for delinquencies and costs of collection. The Board shall then execute and deliver its warrant with a duplicate of the assessment list to the collector specially appointed by the Board. Such collector shall be appointed by the Board and shall be required to give such bond as shall be required by the Board. The Board may appoint as such collector the official whose duty it is to collect County taxes in the County wherein the District is situated, and in such case, it shall be a duty of such official to act as the collector for the District. In collecting the said tax, the collector shall proceed in the manner and have all the powers of the collector of county taxes. He shall pay over all moneys collected by him to the Board, as collected and shall finally account to said Board when required to do so. Said Board shall in such final accounting allow such delinquencies and errors as are right and proper to be allowed and shall pay such collector a proper compensation for his services. The moneys raised by such levy shall be paid over to the Treasurer of the District Library Commission of the District.
If a collector appointed by any Board of School Trustees or Board of Education, or any member or members of any Board of School Trustees or Board of Education shall fail, neglect or refuse to perform all or any of the duties imposed upon him or them by this Act, he or they shall be deemed guilty of a misdemeanor and upon conviction thereof before a Justice of the Peace shall be fined not less than ten dollars and not more than one hundred dollars.
Section 4. That Chapter 34 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1054. Sec. 11., 1055. Sec. 12. and 1056. Sec. 13, thereof, and inserting in lieu thereof new Sections to be styled 1054. Sec. 11., 1055. Sec. 12. and 1056. Sec. 13., as follows:
1054. Sec. 11. District Free Public Library; How Created; Upon Donation or Guarantee:—Whenever the Board of Education or Board of School Trustees of any School District in this State shall be guaranteed, for the maintenance and support of a free public library in such District, a sum equal to the minimum amount required to be raised by a District of its class under Section 10 of this Chapter, for one year, the Board of Education or Board of School Trustees of such District shall declare a free public library to be established therein, and shall proceed to name a district library commission as provided in Section 12 of this Chapter. Such guarantee may be by gift or devise of money or securities, or other valuable property, or by subscription lists, or by other plan approved by the State Library Commission, provided that said guarantee has the sanction of the said State Library Commission.
1055. Sec. 12. District Library Commission; How Created; When; Number of; Terms of Office of: First Commission; Eligibility to Serve on Commission:—That the general administration and supervision of each free public library established under the provisions of this Chapter shall be vested in a district Library Commission which shall be composed of five members appointed from the residents of the School District wherein such library is established by the Resident Judge of the Superior Court of the State of Delaware of the County in which the School District is located. In case a district is located partly in each of two Counties the appointments shall be made alternately by the Resident Judges of the two Counties, the first appointment being made by the Resident Judge of the County in which the greater number of residents of the School District live. Upon the establishment of a new library, the said Judge shall appoint one member for the term of one year, one member for the term of two years and three members for the term of three years. Annually thereafter the said Judge shall fill vacancies in District Library Commissions caused by the expiration of the term of office of its members. The term of office of a member of a District Library Commission shall be three years. A vacancy occurring from any cause other than expiration of the term of office shall be filled by the Resident Judge for the unexpired term.
1056. Sec. 13. District Library Commission; Organization; Officers; Librarian; Meetings:—A District Library Commission shall organize by electing from its members a president, secretary and treasurer. The Secretary and treasurer may be one and the same person.
The Commission shall elect a Librarian and other employees necessary for the proper conduct of the library. The Commission shall have power to fix the compensation of its employees.
The Commission shall meet at least quarterly in each year. The Commission shall have power to adopt a rule that the fails re of any member to attend a specified number of meetings of the Commission shall create a vacancy in the office of such member.
Section 5. That Chapter 34 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1060. Sec. 17. thereof, and inserting in lieu thereof, a new Section to be styled 1060, Sec. 17., as follows:
1060. Sec 17. State Funds Payable to School Districts for Library Purposes; When:—Whenever the State Library Commission shall certify to the State Treasurer of the State of Delaware that any School District in this State has established a free public library therein, and has raised by taxation, subscription, gift or otherwise, a sum not less than the minimum sum prescribed by Section 10 of this Chapter for the class to which such District belongs, for the support and maintenance of said library for the year then next ensuing such establishment, said State Treasurer shall pay to the district Library Commission of any such School District a sum equal to one-half (IA) of the sum certified by the State Library Commission as aforesaid; and each year thereafter, the said State Treasurer shall pay to said District Library Commission a sum equal to one-half WO of the sum certified to the said State Treasurer by the State Library Commission as having been raised by taxation, subscription, gift, or otherwise during the year, in which the State Treasurer is to make such payment for the maintenance and increase of the District Library for such year. Provided, however, that the State Treasurer shall not in any one year pay to any District Library Commission any sum in excess of $500.00 if the District belongs to the first or second classes, nor in excess of $300.00 for a district of the third class, nor in excess of $150.00 for a district of the fourth class. All such sums, paid to any district Library Commission by the State Treasurer as aforesaid, shall be expended by such district library commission for books. A list of such books must be submitted before purchase to the State Library Commission for approval. If any District Library Commission shall neglect or refuse to expend all moneys received by such District Library Commission from the State Treasurer as aforesaid for books approved by the State Library Commission, then and in such event the State Library Commission is authorized and empowered to refuse to issue a certificate to the State Treasurer for any further or other payment to the District Library Commission so neglecting or refusing as aforesaid.
The payments shall be made quarterly in four equal installments. Each payment shall be made on certification of the State Library Commission.
Section 6. That Chapter 34 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1063. Sec. 20. thereof, and inserting in lieu thereof, a new Section to be styled 1063. Sec. 20., as follows:
1063. Sec. 20. District Library Commissioners; Borrowing of money by; Method of; Election for; Resubmission of Question Form or Bonds; Limit of Amount; Bonds how Executed; Security for Loan; Taxation for Payment of Interest and Principal; Sinking Fund:—Under the circumstances and conditions hereinafter set forth, money may be borrowed in aid of any free public library in this State now or hereafter established.
(1) The district library commission or other governing board of a free public library in aid of which money is desired to be borrowed shall adopt a resolution to the effect that it deems it advisable that a specified sum of money be borrowed for some specified purpose or purposes.
(2) The said commission or board shall submit the question of the approval or rejection of said resolution to the qualified voters of said district at any annual meeting at which members of the district library commission are elected or at a special meeting called for the purpose.
(3) The said commission or board shall give notice that the said resolution will be submitted to the voters as aforesaid. Such notice shall be given by publication in two issues of a newspaper published in the library district (or if no newspaper is published in the said district, then in some newspaper published in the county) and by printed advertisements posted in at least five public places in the district at least ten days prior to the date of the annual meeting or special meeting at which the resolution will be submitted to the voters as aforesaid. The said notice shall state the substance of the resolution aforesaid, and the clay, hour, and place that it will be submitted to the voters aforesaid.
(4) The said Commission or board shall appoint the persons to conduct the election. The polls shall remain open at least two hours. All persons in the School District entitled to vote at a School election in the School District shall be entitled to vote at such election. The voting shall be by ballot on which shall be written or printed the words "for the resolution in aid of the library" or "against the resolution in aid of the library."
(5) If a majority of the votes cast be for the resolution in aid of the library, authority to borrow the amount of money specified in the resolution aforesaid shall be deemed to be thereby conferred. If a majority of the votes cast be against the resolution in aid of the library, the money shall not be borrowed, and the question shall not be submitted again to the voters during that same school year.
(6) The said commission or board shall certify the result of said election to the Board of Education having the management of the public schools of the district.
(7) If the results of the said election be for the resolution in aid of the library as aforesaid, the said Board of Education is hereby authorized and required to borrow the amount specified in the resolution aforesaid, and for this purpose may issue a bond or bonds for said amount. Such bond or bonds shall be in such form and denomination and shall bear such date and be at such rate of interest, not exceeding six per centum per annum, and shall mature at such time or times as said Board of Education shall determine; provided always, however, that the amount of any sums borrowed under the provisions of this Section shall not exceed the sum of Twenty-five Thousand Dollars for any one district. Any bond issued as aforesaid shall be signed by the President of the Board of Education aforesaid and attested by its Secretary or Clerk, and in case said Board of Education shall have or use a common seal, shall be sealed with the same, but in the absence of such common seal, the word "SEAL" with a scroll around the same shall be deemed and taken to be the seal of the district. The faith and credit of the school district wherein the library aforesaid is situated shall be deemed to be pledged by every bond issued under the provisions of this Section.
(8) Whenever any bond or bonds shall have been issued under the provisions of this Section, the Board of Education having the management of the public schools of the district shall annually raise by levy and taxation a sum sufficient for the payment of the interest on the amount or amounts so borrowed, and shall likewise raise from time to time by levy and taxation such sum or sums as shall be necessary to establish a sinking fund for the payment of the debt secured by said bond or bonds at or before the maturity thereof. The sums authorized to be raised for interest and for a sinking fund as aforesaid shall be raised in the same manner as school taxes in said district are raised, and shall be in addition to all sums authorized to be raised by said district by any other statute.
(9) All moneys borrowed as aforesaid shall be paid by the Board of Education aforesaid to the district library commission or governing board of the said free public library. The purpose or purposes, for which the money aforesaid shall be by the said district library commission or governing board directed to be paid as aforesaid, may be for the purchase of a building for the library and for the alterations or repair thereof, or of a site for such building and for the erection of a building thereon, or for the improvement and repair of any library building owned by such district, and/or for the purchase of library furniture and. equipment and/or for the purchase of books for the library. In case any corporation, club, society, organization, or association shall desire to have the use of some part or portion of the library building not required for library purposes and will agree in consideration for permission to use such part or portion of said building to pay a rental or to contribute a reasonable amount toward the purchase of the library building or toward cost of the erection of a library building and/or toward the cost of the maintenance of the library, the district library commission or governing board shall have the right and power to make or enter into a lease, contract, or other agreement accordingly.
Section 7. That Chapter 34 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1044. Sec. 21. thereof.
Approved May 22, 1941.