Chap. 182.—An ACT to amend and re-enact Section 365 of the Code of Vir-
ginia, relating to free library systems for counties, so as to permit the
- governing body of any county in which no such system has been established
to appropriate funds for the support and maintenance of any free library
or library service operated therein by a company, society or association
organized under the provisions of Chapter one hundred and fifty-one of
the Code of Virginia. , [H B 198]

_ Approved March 18, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion three hundred and sixty-five of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 365. To authorize the establishment of county free library
systems and regional free library systems and to provide for their
operation and maintenance——The board of supervisors of any county
shall have the power to establish a county free library system for the
use and benefit of the residents of such county; or, upon petition of
one hundred taxpayers of the county shall submit to a vote of the
qualified voters of the county at the next general election held therein
whether a county free library system shall be established; and if a
majority of the electors voting on the question vote in favor of the
establishment. of a county free library ay REAM, the board of super-
visors shall forthwith establish one.

Two or more counties, by action of thet boards of supervisors,
may join in establishing and maintaining a regional free library sys-
tem under the terms of contract between the said counties; provided
that in the case of established county free library systems the boards
of trustees shall agree to such action. The expenses of the regional
free library system shall be apportioned between or among the counties
concerned on such. basis as shall be agreed upon in the contract. The
treasurer of one of the counties, as shall be provided in the contract,
shall have the custody of the funds of the regional free library system;
and the treasurers of the other counties concerned shall transfer quar-
terly to him all moneys collected or appropriated for this purpose in
their respective counties. The withdrawal of any county from a
regional library contract may be effected by petition and vote in the
manner prescribed above and the county shall be entitled to a division
of property in the same proportion as expenses were shared.

_ Where such county free library system or regional free library
system is established, the board of trustees shall have the power to
enter into contracts with adjacent cities, towns, or State-supported in-
stitutions of higher learning in the county or region to provide library
service on such terms and conditions as shall be mutually acceptable,
or they may contract for library service with a library not owned
by a public corporation but maintained for free public use. The board
of trustees of a county free library system or regional free library sys-
tem may enter into contracts with county or city school boards and
boards of school trustees to provide library service for schools.

The management and control of a county free library system or a
regional free library system shall be vested in a board of five trustees.
In a county free library system they shall be appointed by the judge
of the circuit court of such county, chosen from the citizens at large
with reference to their fitness for such office, one of whom shall be
the superintendent of public schools of said county. In a regional
free library system they shall be appointed by the judge or judges of
the circuit court or courts in such region, one member being a super-
intendent of public schools. Said trustees, other than the super-
intendent of public schools, shall be appointed in the beginning for
terms of two, three, four and five years, respectively, and thereafter
for terms of five years; but in the case of a regional library, the
judge or judges may provide for the service in rotation of each of
the several superintendents of public schools. Vacancies shall be filled
for unexpired terms as soon as possible in the manner in which
members of the board are regularly chosen. A trustee shall not re-
ceive a salary or other compensation for services as trustee but neces-
sary expenses actually incurred shall be paid from the library fund. A
library trustee may be removed for misconduct or neglect of duty by the
judge or judges making the appointment. Said trustees shall, im-
mediately after appointment, meet and adopt such by-laws, rules and
regulations for their own guidance and for the government of the
county free library system or regional free library system as may be
expedient. They shall have control of the expenditures of all moneys
credited to the county free library fund or the regional free library
fund. The said board of trustees shall have the right to accept do-
nations and bequests of money, personal property or real estate for
the establishment and maintenance of such county free library systems
or regional free library systems or endowments for same.

After a county free library system or regional free library system
shall have been established or library service contracted for, the board
or boards of supervisors, or other governing bodies of the governmental
subdivision or subdivisions for which the library was established or
the service engaged shall appropriate money annually for the support
of the library. All funds appropriated or contributed for library pur-
poses shall constitute a separate fund and shall not be used for any
but library purposes.

The board of supervisors or other governing body of any county
in which no such free library system as provided herein shall have
been established, may, in its discretion, appropriate such sums of
money as to it seems proper for the support and maintenance of any
free library or library service operated and conducted in such county
by a company, society or association organized under the provisions of
chapter one hundred and fifty-one of the Code of Virginia.