THE STATE LIBRARY OF. OHIO

COLUMBUS, OHIO 43266-0334

INTRODUCTION

PURPOSE AND SCOPE

This publication contains the state laws affecting Ohio Libraries. The appropriate sections of Chapter 3375--Libraries are included as well as those sections of other laws which are relevant to libraries. The appendix includes a listing of general laws affecting libraries and an index of Library Laws by subject. Two tables have been added, one noting the changes in Chapter 133 when it was revised in 1989 and another listing the decisions of the Board of Tax Appeals on library matters from 1978 through 1991. A brief history of Ohio public libraries and the development of state laws for libraries is also included. The basic compilations of Ohio laws, Page's Revised Ohio Code, Annotated and Baldwin's Ohio Revised Code, Annotated and Baldwin`s Ohio Legislative Service were used in compiling and revising the data in this publication. Laws are current to September 1, 1991. The opinions in this publication were in force at the time of its printing. Opinions listed as Informal Opinions or Letters have not been reviewed through the formal review process of the Attorney General and therefore are not official opinions.

An understanding of the history of Ohio's public libraries is helpful to understand the laws which govern those libraries today. Brief histories of Ohio public libraries are found in Chapter 1 (pp. 15-23) of Survey of Ohio Libraries and State Library Services by Ralph Blasingame; and in the Ohio Library Association--Ohio Library Trustees Association Handbook.

The first libraries in Ohio were those organized cooperatively and available to shareholders, subscribers, or members. These libraries were sometimes known as "social" libraries, "subscription" libraries, or "association" libraries. Individuals pooled their money in a common fund for the purchase of books of interest to them. The General Assembly passed several separate acts of incorporation for libraries before 1817, and in that year it passed a general law providing for the incorporation of libraries. It was also in 1817 that the General Assembly approved the establishment of the State Library by Governor Worthington.

By 1850, the year which American library historians have taken as the point at which the American free library movement got underway, some 187 "social" libraries had been established in Ohio. The School Act of 1853 provided the groundwork for tax support of school district public libraries in Ohio, and in 1869 the General Assembly enacted legislation authorizing municipalities to open and maintain free libraries (#1) and reading rooms. An 1898 act authorized county-wide library service, a result of a $50,000 gift to Van Wert County for establishment of the Brumback Library.

A public library could be established by a municipality,(#2) township, school district or county to provide free library service to the residents of the subdivisions and support it by taxes collected on the duplicate of the subdivision.  Association libraries opened their doors to the general public in return for a share of the public funds.

Prior to 1921 most public libraries were association or municipal but legislative action changed this. A 15-mill limitation enacted on real property taxes and subdivisions left many libraries without funding. But in 1921 school districts were permitted to levy outside this limitation. Therefore, any library organized as part of a school district (#3) could levy a tax of one-and-one-half mills. Many municipal and  association libraries reorganized as school district libraries. (#4) All libraries were without support when a constitutional limitation of 10 mills was passed in 1934.

The desperate situation which resulted for libraries when they were thus cut off from property tax support made it necessary to find other means of library support. This was accomplished through legislation sponsored in the 1931 General Assembly by the late Robert A. Taft, then State Senator from Hamilton County and the 1933 session by Senator Frank E. Whittemore of Summit County. This legislation provided that any library board which would make the services of its library available to all residents of the county could receive funds from the intangibles tax through application to the county budget commission.

It then became possible for a community to establish a free public library without direct cost to itself (#5) because the intangibles tax was a state tax collected at the county level. Village councils and boards of education in small communities began establishing libraries and applying to the county for funds. The number of public libraries climbed from 197 in 1923 to 280 in 1947. In that year the General assembly took action, provided that after September 1, 1947 new public libraries would be established as county district libraries. The libraries already established by cities, townships, school disricts, and associations were permitted to continue, but no taxing authority other than the county could establish new ones. In 1967 and 1977 the Code was amended (Sec. 3375.121) to provide for the establishment of a municipal library under certain circumstances by legislative action.

Funding for public libraries in Ohio changed again when the 115th General Assembly of the State Legislature repealed Section 5707.05 of the Ohio Revised Code which abolished the intangible personal property tax and created the Library and Local Government Support Fund. The fund consists of 6.3 percent of the personal income tax collection beginning January 1, 1986. A Public Library Financing and Support Committee was appointed by the Governor to study existing methods of public library funding, procedures for distribution of funds, and adequacy of funding. A report was submitted January 1, 1985 to the Governor and General Assembly with recommendations and suggested legislation for implementation of the new funding plan. Within each county, the plan for distribution remains the responsibility of the county budget commission. In 1991, the funding structure of LLGSF was modified. The revised plan called for current levels of funding to be fixed at the 1990 appropriations, with a new level computed for 1993.

Before 1931 libraries were supported by real estate tax levies, or by gifts and the income from endowments. Libraries were established by and organized as parts of political subdivisions (#6) (city, school district, township, county) and they received their support directly from these subdivisions. Now all types of libraries receive their primary support from the County Library and Local Government Support Fund and the major distinctions between the several types of libraries lie in the size and method of appointment of the 1ibrary board, legal service area, and the taxing authority,

Six types of public libraries are organized under Ohio law. These are association, county district, county, municipal, school district, and township libraries. The law provides for a seventh type, the regional district library (Sec. 3375.28), but no libraries are now organized under that law.

The board of an association library is appointed or elected in accordance with its articles of incorporation or the rules of the individual library association (Sec. 1713.28). The taxing authority for the association library is the county Commissioners. (#7)

The county Library board has six members, appointed by the judge of the court of common pleas (Sec. 3375.06). The taxing authority for the County library board is the County commissioners. (#8)

The county district library board has a membership of seven: three appointed by the common pleas judge or judges, and four by the county commissioners (Sec. 3375.22). The taxing authority for the county district library is the county commissioners.

The municipal library has a board of six members appointed by the mayor (Sections 3375.12 and 3375.121. The taxing authority for the municipal library is the city council.

The school district public library has a board of seven members appointed by the local board of education (Sec. 375.151). The taxing authority for the school district public library is the board of education.

The township library is governed by a board of three members appointed by the township trustees (Sec. 3375.10). The taxing authority for the township library is the township trustees.

Under certain conditions libraries may convert to county district library status. The State Library has prepared guidelines for becoming a county library district under the several sections of the law which provide for this change. These guidelines are available upon request from the State Librarian.

#1  Elyria did NOT take this opportunity to establish a public library.            

#2  Elyria was NOT organized by a school or any government taxing authority.