Current Status Bill Number:43 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Land All Sponsors:Land Drafted Document Number:council\legis\bills\5040htc.97< /DDN> Residing Body: Senate Current Committee:Judiciary Committee 11 SJ Subject:County public library systems established, libraries, political subdivisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 4-9-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY PUBLIC LIBRARY SYSTEMS, SO AS TO ESTABLISH THESE SYSTEMS AS DEPARTMENTS OF COUNTY GOVERNMENT UNDER THE GENERAL SUPERVISION AND CONTROL OF THE CHIEF EXECUTIVE OFFICER OF THE COUNTY AND ADMINSTERED DIRECTLY BY A CHIEF LIBRARIAN APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF THE COUNTY WITH THE ADVICE AND CONSENT OF THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THE QUALIFICATIONS AND DUTIES OF THE CHIEF LIBRARIAN, TO ESTABLISH A COUNTY LIBRARY SYSTEM ADVISORY BOARD AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO RECONSTITUTE EXISTING COUNTY LIBRARY SYSTEM BOARDS OF TRUSTEES AS THESE ADVISORY BOARDS; AND TO REPEAL SECTIONS 4-9-36 AND 4-9-37, RELATING TO THE POWERS AND DUTIES OF LIBRARY SYSTEM TRUSTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-9-35 of the 1976 Code is amended to read:
"Section 4-9-35. (A) There is established as a department of county government a county library system under the general supervision and control of the chief executive officer of the county. Each county council shall prior to July 1, 1979, by ordinance establish within the county a county public library system, which ordinance shall be consistent with the provisions of this section; provided, however, notwithstanding any other provision of this chapter, the governing body of any county may by ordinance provide for the composition, function, duties, responsibilities, and operation of the county library system. County library systems are created by such ordinances shall be deemed a continuing function of county government and shall are not be subject to the provisions of Section 4-9-50 except as state funds are specifically appropriated under other provisions of law.
(B) Each The county public library system shall must be controlled and managed administered directly by a chief librarian appointed by the chief executive officer of the county with the advice and consent of the governing body of the county. The qualifications and credentials of the chief librarian must meet the certification requirements of the State Library Board board of trustees consisting of not fewer than seven nor more than eleven members appointed by the county council (council) for terms of four years and until successors are appointed and qualify except that of those members initially appointed one-half of such appointees less one shall be appointed for terms of two years only. Previous service on a county library board prior to the enactment of the county ordinance establishing the board shall not limit service on the board. Vacancies shall be filled in the manner of the original appointment for the unexpired term. To the extent feasible, members shall be appointed from all geographical areas of the county.
(C) The board shall annually elect a chairman, vice-chairman, secretary, treasurer and such other officers as it deems necessary. The board shall meet not less than four times each year The board shall annually elect a chairman, vice-chairman, and at other times as called by the chairman or upon the written request by a majority of the members. The chief librarian shall administer the county library system pursuant to policies established by the chief executive officer of the county and applicable county ordinances, state law, and regulations.
(D) There is established in every county a County Library System Advisory Board consisting of at least seven but not more than eleven members appointed by the governing body of the county for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term. To the extent feasible, members must be appointed from all geographical areas of the county. The board regularly shall advise and make recommendations to the chief librarian, chief executive officer of the county, and the governing body of the county on the operations of the county library system."
SECTION 2. Sections 4-9-36 and 4-9-37 of the 1976 Code are repealed.
SECTION 3. Boards of trustees of county library systems on the effective date of this act are reconstituted as county library system advisory boards and the trustees then serving are deemed to have been appointed to the advisory board and shall serve for the duration of the terms for which they were originally appointed. Thereafter successors must be appointed as provided by law.
SECTION 4. This act takes effect July 1, 1997.