CHAPTER 67

House Bill No. 2539

An Act concerning libraries; providing a process for changing from an appointed governing board to an elected governing board; relating to the Eudora community library district; requiring the adoption of a joint resolution to provide for the election of members of the board of directors of such district; amending K.S.A. 12-1295, 12-1296 and 12-1298 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) The board of any library or library district may by resolution and shall, whenever presented with a petition signed by not less than 25% of the qualified electors of the territory in which such library provides services, cause to be submitted to the voters of such territory at the next general election the question of whether the members of such board shall be elected. Any such resolution or petition shall include provisions for:

(1) The number of members of the board;

(2) whether the members are to be elected at-large or by member districts; and

(3) whether the members are to be elected at an annual meeting of the board or at a general election.

(b) If a majority of the votes cast approve the election of members of the board, then, prior to the first election of the board, the board shall establish member districts, if necessary, and the initial terms of elected members so that not more than a simple majority of the board is elected at any one election. All subsequent terms of members of the board shall be four years. The term of each member shall commence on January 1 following the election of such member. All elections of board members shall be on a nonpartisan basis.

(c) (1) For a library established by a municipality, the territory in which such library provides services shall be the territory under the jurisdiction of such municipality.

(2) For a library district established pursuant to K.S.A. 12-1236, and amendments thereto, the territory in which such library provides services shall be the territory of such district.

(d) Any library board whose members are elected pursuant to this section may by resolution and shall, whenever presented with a petition signed by not less than 25% of the qualified electors of the territory in which such library provides services, cause to be submitted to the voters of such territory at the next general election the question of whether:

(1) Such members shall be appointed; or

(2) such members shall be elected at an annual meeting of the library board or at a general election.

(e) This section shall not apply to any library or library district established under K.S.A. 12-1261, 12-1276, 12-1282 or 12-1296, and amendments thereto, K.S.A. 2025 Supp. 12-12,105 or 12-12,113, and amendments thereto, or the Johnson county library established under K.S.A. 12-1219 et seq., and amendments thereto.

Sec. 2. K.S.A. 12-1295 is hereby amended to read as follows: 12-1295. WhenAs used in the Eudora community library district act:

(a) “Eudora community library district” means all territory located within the boundaries of the city of Eudora and the Eudora township; and

(b) “board” means the board of directors of the Eudora community library district appointed pursuant to the provisions of this act.

Sec. 3. K.S.A. 12-1296 is hereby amended to read as follows: 12-1296. (a) The governing body of the city of Eudora and the Eudora township board shall adopt a joint resolution creating a library district. The joint resolution creating the Eudora community library district shall include the following provisions:

(1) The library district board shall be appointed as provided in the joint resolution;

(2) the library district board shall replace the existing Eudora township library board; and

(3) the Eudora community library district shall maintain the Eudora township public library at the discretion of the library district board.

(b) A copy of the joint resolution creating the Eudora community library district shall be filed with the county clerk.

(c) (1) Notwithstanding the provisions of subsection (a), the governing body of the city of Eudora and the Eudora township board shall adopt a joint resolution providing for the election of the members of the board of directors of the Eudora community library district established pursuant to subsection (a) by the qualified electors of the district. Such joint resolution shall:

(A) Require the election of members of the board of directors in odd-numbered years;

(B) set the date for commencement of terms of such members;

(C) establish the terms of such members, provided that such terms not exceed four years, and may provide for initial elected terms of various duration so as to create staggered terms of office; and

(D) provide for the appointment of members whenever there is a vacancy in a position on the board of directors. Such appointee shall only serve for the remainder of the unexpired portion of the term of the vacated position.

(2) A copy of the joint resolution shall be filed with the county clerk.

Sec. 4. K.S.A. 12-1298 is hereby amended to read as follows: 12-1298. (a) A library district created pursuant to this act shall be governed by a library district board. The board shall consist of five directors who shall be qualified electors of the library district and shall have terms of office as established by the joint resolution adopted pursuant to K.S.A. 12-1296(c), and amendments thereto. Board members appointed by the Eudora township library board shall continue to serve in their offices as directors of the Eudora community library district board until their respective terms expire and until their successors are appointed by the city of Eudora and the Eudora township elected as provided in the joint resolution adopted pursuant to K.S.A. 12-1296(c), and amendments thereto.

(b) Directors serving on the library district board shall receive no compensation, but shall be reimbursed for their actual and necessary expenses in attending meetings and in carrying out their duties as directors.

5. K.S.A. 12-1295, 12-1296 and 12-1298 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 6, 2026.