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Kentucky General Assembly· HB 290signed by Governor (Acts Ch. 76)

An act relating to the provision of legal research resources., the official text

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UNOFFICIAL COPY                                                26 RS HB 290/EN

1   AN ACT relating to the provision of legal research resources.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 172.100 is amended to read as follows:

4 (1) A county law library shall be established in each county seat and the fiscal court of

5   each county shall designate sufficient room in the courthouse, in a building of good

6   construction adjacent to the courthouse, in the local public library, or in a building

7   where sessions of the District or Circuit Court are regularly held, or a combination

8   of the foregoing, where such library shall be located and where the books and

9   materials of the library may be safely kept.

10 (2) The books of the county law library shall consist of all volumes belonging to the

11  state heretofore sent to the various county officials directed by law to receive such

12  books, and all volumes hereafter sent to such library by the state, and all books now

13  owned or hereafter acquired by the county for the library. Where required to be

14  provided by law, the state may provide electronic access to books and legal

15  resources in lieu of bound volumes. The counties may provide on-line legal

16  resources, including access and subscriptions to computer-assisted legal research

17  facilities and the related infrastructure required to access the internet, and may

18  acquire books, maps, computers and related equipment, or other articles for the

19  library by purchase, gift, or devise.

20  Section 2. KRS 172.200 is amended to read as follows:

21 (1) Upon the adoption of this optional plan, in counties other than those containing a

22  city of the first class or consolidated local government, the Circuit Judge shall

23  appoint one (1) member of the county's bar, and the members of the county's bar

24  shall, by majority vote, elect another of their number, which two (2) attorneys shall,

25  with the county attorney of the county, constitute and be designated as "Trustees, ....

26  County Law Library." In counties containing a city of the first class or consolidated

27  local government, the Chief Circuit Judge shall appoint one (1) member of the

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    UNOFFICIAL COPY                                            26 RS HB 290/EN

1   county's bar; the members of the county's bar shall, by majority vote, elect another

2   of their number; the fiscal court or consolidated local government pursuant to the

3   provisions of KRS 67C.139 shall appoint one (1) member, and one (1) member

4   shall be appointed by the Commonwealth's attorney, which four (4) attorneys shall,

5   with the county attorney of the county, constitute and be designated as "Trustees,

6   ........ County Law Library" or in a county containing a consolidated local

7   government, "Trustees, ......../..........County Law Library," which shall be a

8   combination of the names of the largest city in existence on the date of the approval

9   of the consolidated local government and the county.

10 (2) The trustees shall serve for a term of two (2) years or until their successors are

11  elected or qualified.

12 (3) The trustees shall be in charge of the county law library, and they shall make

13  purchases of the various state and federal case reports, textbooks, legal

14  encyclopedia, computers and related equipment, including access and

15  subscriptions to computer-assisted legal research facilities and the related

16  infrastructure required to access the internet, and all other books or equipment

17  usually incident to or customarily found in law libraries, or necessary to the

18  protection of the rights of litigants, and they shall cause same to be properly

19  arranged in the county law library or Court of Justice facilities, directing the ex

20  officio librarian in the exercise of his or her duties. The trustees may also provide

21  on-line legal resources for the use of library patrons.

22 (4) The trustees shall exercise their absolute discretion in the purchase of books,

23  pamphlets, periodicals, and other materials and equipment, and in the appointment

24  and compensation of personnel to assist the ex officio librarian in the handling of

25  materials and in the maintenance of the library, but the trustees shall not contract

26  for any such purchases and appointments so as to create an indebtedness greater

27  than the anticipated revenue for the following eighteen (18) months, the anticipated

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    UNOFFICIAL COPY                                            26 RS HB 290/EN

1   revenue being based upon the preceding eighteen (18) months' revenue, and any

2   indebtedness of the county law library fund shall not be considered in any way an

3   indebtedness of the county, but shall be an indebtedness of the county law library

4   fund only, and all creditors must look only to the county law library fund for

5   satisfaction of their indebtedness.

6 (5) The trustees shall designate one (1) of their number as treasurer and he or she shall:

7   (a) Be accountable for the receipt, deposit, and disbursement of all sums received

8   for the operation of the county law library;[. He shall]

9   (b) Be bonded by a corporate bond, the cost of which shall be paid out of the

10  receipts of the library fund;[. He shall]

11  (c) Deposit all sums received by him or her as treasurer in a regular banking

12  depository, and he or she shall pay for all purchases made by the trustees by

13  check or draft, keeping a true and accurate account of all sums received and

14  expended;[ by him. He shall]

15  (d) Annually file a written report with the Circuit Judge of the county showing all

16  sums received[ by him], together with the court from which they were

17  received, and an itemized statement of all expenditures made; and[ by him.

18  The treasurer shall]

19  (e) Turn all funds over to his or her successor, together with a full inventory of

20  the county law library, and together with a full and complete itemized

21  statement of all outstanding accounts.

22  Section 3. KRS 57.320 is amended to read as follows:

23 If requested by the Chief Justice, a judge, or the county law librarian, the state law

24 librarian, under direction of the Supreme Court, may[shall] purchase bound volumes and

25 advance sheets of, or electronic access to, the opinions of the Supreme Court and Court

26 of Appeals [and furnish them ]for the use of the Supreme Court, Court of Appeals,

27 a[each] county law library, or[and each judge of] a Circuit or District Court.

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