Private Acts of 1970 Chapter 275

SECTION 1. That in each County of the State of Tennessee having a population of not less than 600,000 according to the Federal Census of 1960, and any subsequent Federal Census, there shall be created a Commission to be known as the County Governmental Library Commission, said name to bear as a prefix the name of the county or counties thus affected. Said Commission shall be composed of ten (10) members, to be appointed, two by each of the Judges who has the most total years of service on the Circuit, Criminal, Probate, Chancery Courts and General Sessions Courts, respectively, for a term of two years, on a calendar year basis, provided that said Judges shall initially appoint one-half of said Commissioners to serve through the balance of the calendar year in which this Act becomes effective, and one-half through the subsequent calendar year, so that the Commissioners will thus serve staggered terms. They shall serve without salary, and shall themselves elect a Chairman and Secretary from their members. Each Commissioner shall serve until his successor is appointed. In the event of vacancy in the office of Commissioner, by death, resignation, refusal to serve, or otherwise, such vacancy shall be filled for the balance of said term of two years by the Judge or his successor in office, who made the original appointment of said Commissioner.

SECTION 2. That the purpose of said Commission shall be to establish, acquire, maintain and operate a County Governmental Library. Said Commission shall have full power and authority to acquire by purchase, gift, rent, lease, loan, or otherwise, law books, codes, treatises, or other works of law, government, medicine, literature or otherwise, that they may deem necessary or beneficial to the Courts, State, County and Municipal Officials, members of the Bar, and the public, for research or use in the preparation, trial or decisions of any matters that come or may come before the courts of said County and State, or of use by said Public Officials or the public, on questions of law or government; also to acquire in like manner furniture, fixtures, bookcases, supplies and all things necessary to establish, maintain and operate said County Governmental Library; together with the right to employ and discharge librarians, clerks and other assistants, to fix salaries of said employees; and in their discretion to make all reasonable rules and regulations governing the operation and use of said Library. Space in which to house said Library shall be provided by the County in the Court House or other public building of said County, without cost to the County Governmental Library Commission. All books, furniture and other equipment so purchased or acquired shall become the property of said County.

SECTION 3. That for the purpose of financing said Library there shall be taxed as cost on each civil, criminal, quasi civil, quasi criminal, or any other action at law, or suit in equity of any nature, hereafter filed in, arising in, or brought by appeal, certiorari or otherwise to the Circuit, Criminal, Probate or Chancery Court of said County, the sum of One Dollar ($1.00), and on any action of any nature hereafter filed in or arising in the General Sessions Court of said county, the sum of seven dollars ($7.00), except that no such cost shall be taxed to the State of Tennessee or said County in actions in which the State or County pays the costs. The costs taxed in pursuance of this Section shall be collected as other costs in such cases are collected by the Clerks of such Courts, and the same shall be designated County Library Tax. On or before the last day of each month the Clerks of the respective Courts shall pay to the County Trustee all amounts collected as County Library Tax in the preceding calendar month. The sum paid to the County Trustee shall be designated County Governmental Library Fund and used only for the purpose set out in this Act. On approval of a majority of the Commission the Chairman and Secretary shall draw warrants on the County Trustee for expenditures of the Commission, indicating on such warrant the fund against which they are drawn, and the County Trustee is hereby authorized and directed, upon all warrants signed by said Chairman and Secretary, to make payment out of said fund upon the warrants so issued and presented in compliance with the provisions of this Act.

SECTION 4. That said Commission shall have full power and authority if necessary to provide sufficient operating funds, to assess lawyers and other, except Judges and Public Officials, reasonable dues or charges for the use of said Library, and to make charges for the use, damage or destruction of books or other property, and that any income from said dues or charges shall be paid by the Commission into the office of the County Trustee in a like manner and at a like time as monies collected hereunder shall be paid by the clerks of the various courts to said County Trustee.

SECTION 5. That said Commission shall keep written minutes of their meetings, at which meetings a majority of all members of said Commission then serving shall constitute a quorum for the transaction of business, and said Commission shall keep a record of monies received and disbursed, purchases, loss or destruction of books or other property, and a property inventory, with reasonable accuracy.

SECTION 6. That all laws, or parts of law in conflict with the provisions of this Act, be, and the same hereby are, repealed.

SECTION 7. That this Act shall have no effect unless the same shall have been approved by a two-thirds vote of the Quarterly County Court or other legislative body of any county to which this Act may apply. Its approval or non-approval shall be proclaimed by the presiding officer of the body having jurisdiction to approve or disapprove the passage of this Act, and the action of the body shall be certified by him to the Secretary of State.

SECTION 8. That this Act shall be effective from and after its passage, the public welfare requiring it, but the provisions thereof shall not become operative until validated as provided in Section 7 herein.

Passed: February 19, 1970.