CHAPTER 285

FORMERLY

HOUSE BILL NO. 493

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 480, VOLUME 59, LAWS OF DELAWARE ENTITLED "AN ACT TO AMEND TITLE 9, TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO LIBRARY SERVICES IN DELAWARE".

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 480, Volume 59, Laws of Delaware by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

"Section 1. Amend Title 14, Delaware Code, by striking Chapter 71 thereof in its entirety and substituting in lieu thereof a new Chapter 71 to read as follows:

`CHAPTER 71. DISTRICT LIBRARIES

§7101. District Libraries Commissions requesting exemption.

Any District Library Commission, heretofore established to administer and supervise a free public library established by a school district pursuant to Chapter 71, Title 14, that requests and qualifies for exemption from subsections (a) and (b) of Section 6, Chapter 480, Volume 59, Laws of Delaware on or before August 31, 1975, shall continue in existence and subject to the provisions of this Chapter shall be empowered to administer and supervise the free public library in its district.

§7102. District Library Commission; appointment; term; vacancies

Each District Library Commission shall be composed of five (5) members who are residents of the School District in which the public library is established. The five (5) members serving on any such District Library Commission as of July 1, 1975 shall continue its office until the expiration of the terms for which they were appointed. Upon the expiration of the term of any member, his successor shall be appointed by the Resident Judge of the Superior Court of the State of Delaware for the county in which the School District is located for a term of five (5) years. In case a district is located partly in each of two counties, the appointments to fill vacancies caused by expiration of a term shall be made alternately from the two counties by the Resident Judge of the county in which the greater number of residents of the School District reside. Appointment to fill an unexpired term is not to be considered a complete term. Each member shall hold office until his successor is appointed and qualified. Any vacancy in the membership of the Commission shall be filled by the Resident Judge for the unexpired portion of the five (5) year term.

§7103. Election of Officers; meetings; failure to hold or attend meetings.

A District Library Commission shall annually, from its members, elect a president, secretary and treasurer. The secretary and treasurer may be one and the same person. The District Library Commission shall meet at least quarterly in each year. Failure to hold four (4) formal meetings shall, at the option of the County Library Advisory Board, necessitate the appointment of a new District Library Commission as provided in §7102 of this Title. The District Library Commission may adopt a rule that the failure of any member to attend a specified number of meetings of the District Library Commission shall create a vacancy in the office of such member.

§7104. Librarian and other employees.

The District Library Commission shall select a librarian and other employees necessary for the proper conduct of the library. The District Library Commission may fix the compensation of its employees.

§7105. Powers of District Library Commission.

(a) The District Library Commission shall have the custody and management of the library and all property owned or leased, or donated, relating thereto. All money, from whatever source, shall be placed in the care and custody of the Commission to be expended or retained by the Commission for and in behalf of the library.

() The District Library Commission may procure and maintain suitable quarters for the library; purchase or accept donations or gifts of printed matter; employ employees; and shall have such further and additional powers as may be necessary for the foundation and establishment, and the support and maintenance of a library.

(a) The District Library Commission shall have the power to take and hold in the name of the District Library Commission real and personal property by deed, devise, bequest, gift, grant, or otherwise, except by eminent domain, and to alien, sell, transfer and dispose thereof as an occasion may require, and the proceeds realized therefrom may be reinvested in other property, funds, or securities for the benefit of the District Library.

(b) The District Library Commission shall have the power to enter into contracts for any library service with any other library, business, or with any governmental unit.

() All deeds of real estate and bills of sale and contracts shall be executed on behalf of the District Library Commission by the President and Secretary of the District Library Commission.

§7106. Reports.

(a) The District Library Commission shall make a detailed report to the County Library Advisory Board annually of all its receipts and expenditures, and of all the property of the district in its care and custody, including a statement of any unexpended balance of money and of any bequests or donations in behalf of the district, and of any sum or sums received from the County or other governmental unit, with such recommendations as is deemed desirable.

(b) The District Library Commission shall also make such reports as may be requested by other governmental units.

§7107. Rules and regulations.

The District Library Commission may make such rules and regulations for the conduct of the persons employed by it, and for the care and use of the books, newspapers, magazines, reviews, and other media in the library by the persons using the library, and also concerning the conduct and deportment of all persons while in or about the library or reading room, as the Commission shall or may from time to time deem proper and advisable. The use of the library and reading rooms of the contents thereof for library purposes shall be free to any citizen of the State. The rules and regulations made by the Commission may be enforced by a suitable penalty including fines as may be set by the Commission.

§7108. Consolidated districts.

A District Library Commission located in a consolidated school district and responsible for the operation of more than one library may request the Resident Judge to appoint separate library commissions for each library in that

district. Upon written request from the consolidated District Library Commission, the Resident Judge will make the number of appointments necessary to establish individual commissions for those libraries hitherto served by a consolidated commission, using those members currently serving on the consolidated commission as representatives of their library as nuclei for the new commissions. Upon such appointment of separate District Library Commissions the consolidated District Library Commissions shall cease to exist.' "

Section 2. Amend Section 6 of Chapter 480,Volume 59, Laws of Delaware by striking subsection (c) of said section in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

"(c) Any District Library Commission established prior to the effective date of this Act, pursuant to Chapter 71, Title 14, Delaware Code, desiring to be exempt from the provisions of subsections (a) and (b) of this section, shall send by registered mail to the County Governing Agency on or before August 31, 1975, a copy of a resolution adopted by a majority of the members of such Commission stating that such Commission desires to be exempt from the provisions of subsections (a) and (b) of this section. The return receipt shall constitute presumptive evidence that the resolution mailed was received by the County Governing Agency. Delivery of such resolution to the County Governing Agency by registered mail shall qualify the District Library Commission for such exemption, and such exemption shall not disqualify such District Library Commission from eligibility for local, county or federal funds. A District Library Commission which requests and qualifies for exemption pursuant to this subsection shall be subject to the provisions of Chapter 71, Title 14, Delaware Code."

Approved August 6, 1975