Kansas Attorney General Opinion 1992-005

ROBERT T. STEPHAN
ATTORNEY GENERAL
January 10, 1992
ATTORNEY GENERAL OPINION NO. 92- 5
Duane Johnson
State Librarian
Kansas State Library
Capitol Building
Topeka, Kansas 66612
Re: Cities and Municipalities--Libraries--City, County
and Township Libraries; Application of K.S.A.
12-1223 and 12-1225
Synopsis: Boards of libraries established or maintained in
accordance with K.S.A. 12-1219 are subject to the
provisions of K.S.A. 1990 Supp. 12-1223 and
12-1225. Cited herein: K.S.A. 12-1219; K.S.A.
1990 Supp. 12-1223; 12-1225; K.S.A. 17-6001;
77-201, as amended by L. 1991, ch. 33, § 37.
*
Dear Mr. Johnson:
On behalf of the Paola free library, city of Paola, you
request our opinion regarding the statutes applicable to that
library board. We are advised that the library was
established in 1892 and officially recognized by city of
Paola ordinance no. 581 in 1902. The library association
was at one time incorporated but its corporate status was
cancelled in 1973 as a result of corporation code revision.
It has been suggested that, this being the case, the library
board is subject to the provisions of K.S.A. 12-1218 to
12-1222, inclusive, but not K.S.A. 12-1223 to 12-1235,
inclusive. Your questions are as follows:

"1. Does the provision of K.S.A. 12-1223 apply to those
libraries included in the provisions of K.S.A. 12-1219, or is
some additional or different form of library establishment
necessary for the provision of K.S.A. 12-1223 to have effect?
"2. The specific operational question involved here is, does
the Board of Paola Free Library have the authority to
operate using the powers and duties of a library board as
specified in K.S.A. 12-1225?"
K.S.A. 12-1218 through 12-1235 were enacted by L. 1951, ch.
485, §§ 1-18. All of these provisions are a part of the same
act. Thus, the term "this act," when used in K.S.A. 12-1219
through 12-1235, refers to all of the provisions from K.S.A.
12-1219 through 12-1235, inclusive. See K.S.A. 77-201
First, as amended by L. 1991, ch. 33, § 37; Curless v.
Board of County Commissioners, 197 Kan. 580, 586-587 (1966).
K.S.A. 12-1219 provides:
"A municipality may establish and maintain
a library in the manner provided in this
act. Any library heretofore established
and being maintained by a municipality
shall be maintained in accordance with the
provisions of this act, but this section
shall not be construed as repealing any
law not expressly repealed by this act."
(Emphasis added).
It is agreed that this section brings the Paola free library
within the provisions of "this act." K.S.A. 1990 Supp.
12-1223 provides:
"(a) Except as provided by subsection
(b), the library board of a library
established under, or governed by the
provisions of this act shall constitute a
body corporate and politic, possessing
the usual powers of a corporation for
public purposes, under the name and style
of 'the board of directors of
(name of municipality)
library' and under such name may contract,
sue and be sued and acquire, hold and
convey real and personal property in
accordance with law. The acquisition or
disposition of real property shall be

subject to the approval of the governing
body of the municipality." (Emphasis
added).
Library boards of libraries governed by the act are
statutorily made bodies corporate; no action to incorporate
under K.S.A. 17-6001 et seq. is necessary. Thus, while
the library board apparently maintained its corporate status
with the secretary of state's office from 1951 to 1973, such
was not necessary to bring it within the provisions of K.S.A.
12-1223 through 12-1235.
Finally, since K.S.A. 1990 Supp. 12-1225 is also a provision
of "the act," boards of libraries created or maintained
thereunder are entitled to utilize its provisions.
Very truly yours,
ROBERT T. STEPHAN
Attorney General of Kansas
JuleneL.Miller
deputy Attorney General
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