2006 Legislation
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HOUSE BILL NO. 684 – Idaho Commission for Libraries

HOUSE BILL NO. 684

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H0684..........................................................by EDUCATION
IDAHO COMMISSION FOR LIBRARIES - Amends existing law to replace the Idaho
State Library with the Idaho Commission for Libraries; to provide for the
appointment of the Idaho Commission for Libraries Board; and to provide for
the employment of a qualified state librarian.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Educ
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Boe, Crow, Sali, Sayler
    Floor Sponsor - Cannon
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsor - Andreason
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 235
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 684
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO COMMISSION FOR LIBRARIES; AMENDING THE HEADING FOR CHAP-
  3        TER 25, TITLE 33, IDAHO CODE; AMENDING SECTION  33-2501,  IDAHO  CODE,  TO
  4        STATE A PURPOSE AND TO ESTABLISH A COMMISSION FOR LIBRARIES; AMENDING SEC-
  5        TION  33-2502, IDAHO CODE, TO PROVIDE FOR THE BOARD OF LIBRARY COMMISSION-
  6        ERS; AMENDING SECTION 33-2503, IDAHO CODE, TO ASSIGN POWERS TO  THE  BOARD
  7        AND TO PROVIDE CORRECT TERMINOLOGY; REPEALING SECTION 33-2504, IDAHO CODE;
  8        AMENDING  CHAPTER  25, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
  9        TION 33-2504, IDAHO CODE, TO PROVIDE FOR THE EMPLOYMENT OF AND POWERS OF A
 10        QUALIFIED STATE LIBRARIAN; AMENDING SECTIONS 33-2505, 33-2506, 33-2611 AND
 11        33-2612, IDAHO CODE, TO PROVIDE  CORRECT  TERMINOLOGY;  AMENDING  SECTIONS
 12        33-2613, 33-2614, 33-2616 AND 33-2617, IDAHO CODE, TO PROVIDE CORRECT TER-
 13        MINOLOGY  AND  TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 33-2618,
 14        IDAHO CODE, TO PROVIDE  CORRECT  TERMINOLOGY;  AMENDING  SECTION  33-2619,
 15        IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORREC-
 16        TION; AMENDING SECTIONS 33-2702, 33-2703, 33-2705 AND 33-2706, IDAHO CODE,
 17        TO  PROVIDE  CORRECT TERMINOLOGY; AMENDING SECTION 33-2707, IDAHO CODE, TO
 18        PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL  CORRECTION;  AMENDING
 19        SECTIONS 33-2708, 33-2709 AND 33-2711, IDAHO CODE, TO PROVIDE CORRECT TER-
 20        MINOLOGY;  AMENDING  SECTIONS  33-2716 AND 33-2717, IDAHO CODE, TO PROVIDE
 21        CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SECTIONS
 22        33-2718,  33-2724,  33-2726,  33-4803 AND 63-3029A, IDAHO CODE, TO PROVIDE
 23        CORRECT TERMINOLOGY; AND AMENDING SECTION 67-5205, IDAHO CODE, TO  PROVIDE
 24        CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 25    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 26        SECTION 1.  That the Heading for Chapter 25, Title 33, Idaho Code, be, and
 27    the same is hereby amended to read as follows:
                                                                        
 28                                      CHAPTER 25
 29                        STATE LIBRARY COMMISSION FOR LIBRARIES
                                                                        
 30        SECTION  2.  That  Section 33-2501, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        33-2501.  STATE LIBRARY COMMISSION FOR LIBRARIES ESTABLISHED. The state of
 33    Idaho recognizes that libraries are uniquely suited to making the benefits  of
 34    information  and  information  technologies  available  to the citizens of the
 35    state of Idaho. Therefore, the Idaho state library commission for libraries is
 36    hereby established for the purpose of assisting libraries to build the  capac-
 37    ity to better serve their clientele.
                                                                        
 38        SECTION  3.  That  Section 33-2502, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        33-2502.  STATE LIBRARY BOARD OF LIBRARY COMMISSIONERS  --  MEMBERSHIP  --
  2    OFFICERS  --  MEETINGS -- COMPENSATION. The state library Idaho commission for
  3    libraries shall be governed by the state library board of library  commission-
  4    ers.   The  state  library  board of library commissioners shall be maintained
  5    within the office of the state board of education and  shall  consist  of  the
  6    state  superintendent  of public instruction or the superintendent's designee,
  7    as ex officio member, and five (5)  members  commissioners  appointed  by  the
  8    state  board of education. On the first Monday of July, 1998, tThe state board
  9    of education shall annually appoint one (1) member commissioner for a term  of
 10    three (3) years, one (1) member for a term of four (4) years, and one (1) mem-
 11    ber  for  a  term  of five (5) years. Thereafter, the state board of education
 12    shall annually, on the first Monday of July, appoint one  (1)  member  to  the
 13    state  library  board to serve for a term of five (5) years. The state library
 14    board of library commissioners shall annually elect a chairman, vice chairman,
 15    secretary and other officers as  it  deems  reasonably  necessary.  The  state
 16    library  board  of  library commissioners shall meet at least twice each year.
 17    Members Commissioners shall be compensated as provided by  section  59-509(n),
 18    Idaho Code.
                                                                        
 19        SECTION  4.  That  Section 33-2503, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        33-2503.  STATE LIBRARY BOARD  OF  LIBRARY  COMMISSIONERS  --  POWERS  AND
 22    DUTIES.  The state library board of library commissioners is designated as the
 23    policymaking body for the Idaho state library commission  for  libraries.  The
 24    state  library board  of library commissioners shall have the following powers
 25    and duties:
 26        (1)  To foster and promote library service in the state of Idaho.
 27        (2)  To promulgate all rules and make policies and rules governing the use
 28    of the state library and its materials as necessary for the proper conduct  of
 29    its business.
 30        (3)  To employ a qualified librarian to serve as the chief executive offi-
 31    cer  of  the state library. The librarian shall be a graduate of an accredited
 32    library school.
 33        (4)  To receive donations of money, books, materials and  other  real  and
 34    personal  property,  for the benefit of the Idaho state library commission for
 35    libraries. Title to donations in any form shall vest in the  state  of  Idaho.
 36    Donations  shall  be held and controlled by the state library board of library
 37    commissioners.
 38        (54)  To promote and facilitate the establishment, use, and cooperation of
 39    libraries throughout the state so all Idahoans have access to the resources of
 40    those libraries.
 41        (6)  To provide services to state government employees and the  public  as
 42    the Idaho state government information center.
 43        (75)  To support or deliver statewide library programs and services.
 44        (86)  To  accept,  receive,  administer and expend, in accordance with the
 45    terms thereof, any moneys, materials or other aid  granted,  appropriated,  or
 46    made  available  to  Idaho by the United States, or any of its agencies, or by
 47    any other public or private  source,  for  library  purposes.   The  board  of
 48    library  commissioners is authorized to file any accounts required with refer-
 49    ence to receiving and administering all such moneys, materials and other aid.
 50        (97)  To assist in the establishment of financing of a  statewide  program
 51    of  cooperative  library services, which may be in cooperation with any taxing
 52    unit, or public or private agency.
 53        (108)  To contract with other libraries or agencies, within or without the
                                                                        
                                           3
                                                                        
  1    state of Idaho, to render library services to people of the  state  of  Idaho.
  2    The  state library board of library commissioners shall have authority to rea-
  3    sonably compensate other library units or agencies for the cost  of  the  ser-
  4    vices  provided  by  the other library unit or agency under any such contract.
  5    Such contracts and compensation shall be exempt from the provisions of chapter
  6    57, title 67, Idaho Code.
  7        (11) The board shall have authority to promulgate all rules necessary  for
  8    the proper conduct of its business.
                                                                        
  9        SECTION  5.  That  Section 33-2504, Idaho Code, be, and the same is hereby
 10    repealed.
                                                                        
 11        SECTION 6.  That Chapter 25, Title 33, Idaho Code, be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 33-2504, Idaho Code, and to read as follows:
                                                                        
 14        33-2504.  STATE LIBRARIAN APPOINTED BY BOARD OF LIBRARY  COMMISSIONERS  --
 15    QUALIFICATIONS  --  POWERS.  The board of library commissioners shall employ a
 16    qualified state librarian to serve as its chief executive officer.  The  state
 17    librarian shall be a graduate of an accredited library school.
 18        The  state librarian shall, subject to the provisions of chapter 53, title
 19    67, Idaho Code, employ and fix the compensation of all other employees of  the
 20    commission who shall be directly responsible to the state librarian.
                                                                        
 21        SECTION  7.  That  Section 33-2505, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        33-2505.  STATE LIBRARIAN -- DEPOSITORY FOR PUBLIC DOCUMENTS --  DISTRIBU-
 24    TION. It shall be the duty of the head of every agency, board, bureau, commis-
 25    sion or department of the state of Idaho, including all state supported insti-
 26    tutions  of  higher  education  in Idaho, to deposit with the librarian of the
 27    Idaho state library commission for libraries twenty (20) copies of  all  docu-
 28    ments,  reports,  surveys, monographs, serial publications, compilations, pam-
 29    phlets, bulletins, leaflets, circulars, maps, charts or broadsides of a public
 30    nature which it produces for public distribution. The deposit  of  information
 31    with  the  state librarian is intended to allow the information to be used and
 32    distributed to academic, regional, public, and special libraries in Idaho, the
 33    Library of Congress, and to others within the discretion of the state  librar-
 34    ian.
                                                                        
 35        SECTION  8.  That  Section 33-2506, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        33-2506.  LIBRARY SERVICES IMPROVEMENT FUND --  ESTABLISHED.  (1)  Policy.
 38    The  state  of Idaho recognizes its responsibility to provide library services
 39    to people in all areas of the state. The state acknowledges that  the  ability
 40    of  each  Idahoan  to  access information has a critical impact on the state's
 41    economic development, educational success, provision for an informed  elector-
 42    ate, and overall quality of life. Realizing that libraries of all types and in
 43    all  parts  of  the  state  must be able to interact and cooperate in order to
 44    respond to these informational needs, the state of Idaho  hereby  creates  and
 45    establishes in the state treasury the library services improvement fund.
 46        (2)  Purpose.  The  purpose of the library services improvement fund is to
 47    further the development of library services  for  all  the  people  of  Idaho.
 48    Moneys in the library services improvement fund are appropriated to and may be
                                                                        
                                           4
                                                                        
  1    expended  by  the state library board of library commissioners at any time for
  2    the purposes provided in this section.
  3        (3)  Appropriations and revenues. The library  services  improvement  fund
  4    shall have paid into it such appropriations as may be provided or other moneys
  5    and donations described in section 33-2503, Idaho Code.
  6        (4)  Payments.
  7        (a)  All payments from the library services improvement fund shall be paid
  8        out  in warrants drawn by the state controller upon presentation of proper
  9        vouchers from the state library commission for libraries. Pending payments
 10        out of the library services improvement fund, the moneys in the fund shall
 11        be invested by the state treasurer in the same manner  as  provided  under
 12        section  67-1210,  Idaho  Code,  with  respect to idle moneys in the state
 13        treasury. Interest earned on the investments  shall  be  returned  to  the
 14        library services improvement fund.
 15        (b)  No  library  entity is automatically entitled to receive any payments
 16        from the library services improvement fund. The  state  library  board  of
 17        library  commissioners shall establish the criteria upon which actual need
 18        is to be determined in accordance with the purposes set forth in this sec-
 19        tion.
 20        (c)  Payments from the library services improvement fund may be used  only
 21        for  the  purposes  approved by the state library board of library commis-
 22        sioners. Funding decisions shall be solely within the  discretion  of  the
 23        state library board of library commissioners.
                                                                        
 24        SECTION  9.  That  Section 33-2611, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        33-2611.  REPORTS OF TRUSTEES. The board of trustees shall  annually,  not
 27    later  than  the  first  day  of January, file with the state library board of
 28    library commissioners a report of the operations of the library for the fiscal
 29    year just ended. The report shall be of such form and contain such information
 30    as the state library board of library commissioners may require,  but  in  all
 31    cases must include a complete accounting of all financial transactions for the
 32    fiscal  year  being  reported. The board shall also report to the city council
 33    and mayor as required in section 50-210, Idaho Code.
                                                                        
 34        SECTION 10.  That Section 33-2612, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:
                                                                        
 36        33-2612.  REGIONAL  LIBRARY  SYSTEMS  --  PURPOSE -- BOUNDARIES. It is the
 37    purpose of this act to provide a method by which the library boards which gov-
 38    ern Idaho's libraries, now or hereafter established  in  accordance  with  the
 39    Idaho Code, may contract to form regional library systems, in order to provide
 40    improved  library  and  information  services  for residents of a multi-county
 41    region. The boundaries for library regions in Idaho shall  be  established  by
 42    the Idaho state library board of library commissioners.
                                                                        
 43        SECTION  11.  That Section 33-2613, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        33-2613.  DEFINITIONS. As used in this act, unless the  context  otherwise
 46    requires:
 47        (a1)  "Library  board"  means the five (5) citizens appointed, or elected,
 48    to govern a public library, a school community library, or a library district,
 49    in accordance with chapters 26 and 27, title 33, Idaho Code.
                                                                        
                                           5
                                                                        
  1        (b2)  "Participating board" or "participating library" means  a  board  or
  2    library  or  district  which  is  cooperating  and participating in a regional
  3    library system.
  4        (c3)  "Region" means that geographic area, with boundaries established  by
  5    the  state  library  board of library commissioners, wherein library units are
  6    encouraged to work together.
  7        (d4)  "Regional system" means two (2) or more library boards formally con-
  8    tracting  a  system  approved  by  the  state   library   board   of   library
  9    commissioners,  officially  designated as a regional library system under this
 10    act, and therein working together in specific efforts to  extend  and  improve
 11    library services to their resident constituents.
 12        (e5)  "System  board"  means  the governing board comprised of representa-
 13    tives of library boards in a regional  system,  and  which  is  authorized  to
 14    direct and plan library service for a regional system to the extent and in the
 15    manner provided by this act.
                                                                        
 16        SECTION  12.  That Section 33-2614, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        33-2614.  PETITION FOR ESTABLISHMENT. Any two (2) or more  library  boards
 19    may  petition  the state library board of library commissioners for the estab-
 20    lishment of a regional system. Such petition shall be prepared in  cooperation
 21    with  the  state  librarian, on forms provided by the state library commission
 22    for libraries, and shall include but shall not be  limited  to  the  following
 23    information:
 24        (a1)  A statement of purpose and an outline of the proposed program of the
 25    regional system.
 26        (b2)  A list of the participating libraries, with a listing of the current
 27    tax  levy  and budget of each such participant; the names and addresses of the
 28    members of each library board, and a letter or resolution from each such board
 29    regarding participation in the regional system.
 30        (c3)  A list of the counties in the geographic region as a whole, the num-
 31    ber of persons who are within taxing districts supporting existing  libraries,
 32    and  the  number  of persons outside such districts but within a county in the
 33    region, and thus potentially eligible for service  from  the  regional  system
 34    being established.
 35        (d4)  Proposed  number  of  persons  to  be on the initial system board of
 36    directors.
 37        (e5)  Proposed headquarters for the regional system, accompanied by a copy
 38    of a resolution by the governing authority for that library approving its des-
 39    ignation as headquarters and, if a member of the staff of the headquarters  is
 40    to be the administrator of the system, including approval of such designation.
 41        The  state library board of library commissioners shall consider any peti-
 42    tion presented to it as provided in this act, and if it approves such petition
 43    it shall adopt a resolution officially designating  such  particular  regional
 44    library  system,  describing  the territory thereof, and designating the head-
 45    quarters and the initial number of directors for the system board.
                                                                        
 46        SECTION 13.  That Section 33-2616, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        33-2616.  POWERS  AND  DUTIES  OF THE SYSTEM BOARD. The system board shall
 49    serve as a liaison agency between the participating libraries and  their  gov-
 50    erning  bodies  and  library  boards. The system board shall make such bylaws,
 51    rules and regulations as may be necessary for its own government and  that  of
                                                                        
                                           6
                                                                        
  1    the  regional  system,  none  of which shall deprive any participating library
  2    board of any of its powers or property.
  3        The system board shall have the following powers and responsibilities, all
  4    of which relate to the functioning of the regional system and  the  management
  5    and control of its funds and property;
  6        (a1)  To develop a long-range plan of service for the regional system, and
  7    annually  to  submit  to  the state library board of library commissioners any
  8    changes in said long-range plan, and a detailed plan of proposed system devel-
  9    opment and service for the following year.
 10        (b2)  To provide improved library service for residents  of  the  regional
 11    system,  in  cooperation with participating libraries, and to this end to pur-
 12    chase books and other library materials, supplies and equipment, for the  sys-
 13    tem  services,  and  to employ such personnel as the system board finds neces-
 14    sary.
 15        (c3)  To set the  administrator's  hours  and  rate  of  compensation  for
 16    regional  system  duties,  and  to  delegate such administrative powers as the
 17    board deems in the best interest of the system.
 18        (d4)  To enter into contracts to receive service from or to  give  service
 19    to  other  libraries, or agencies, within the state or interstate, and to file
 20    copies  of  such  contracts  with  the  state   library   board   of   library
 21    commissioners.
 22        (e5)  To  be  a  public corporation, as is provided for library districts,
 23    and to contract in the name of the "Board of directors of  the  ....  regional
 24    library  system,  Idaho"  and  in that name to sue and be sued and to take any
 25    action authorized by law.
 26        (f6)  To acquire by purchase, lease, or otherwise, and  to  own  and  hold
 27    real  and  personal  property  and  to  construct buildings for the use of the
 28    regional system, and to sell, exchange or otherwise dispose of  property  real
 29    or  personal when no longer required by the system, and to insure the real and
 30    personal property of the system.
 31        (g7)  To have control of the expenditure of all funds of the regional sys-
 32    tem, to accept by gift or donation any funds and  real  or  personal  property
 33    under such terms as may be a condition of the gift.
 34        (h8)  To  exercise such other powers, not inconsistent with law, necessary
 35    for the effective use and management of the regional system.
                                                                        
 36        SECTION 14.  That Section 33-2617, Idaho Code, be, and the same is  hereby
 37    amended to read as follows:
                                                                        
 38        33-2617.  FINANCE OF REGIONAL SYSTEMS -- BUDGETS -- PARTICIPATING AND NON-
 39    PARTICIPATING  UNITS.  Each regional system may be financed by any combination
 40    of available funds, federal, state, local, public  and/or  private.  Counties,
 41    cities  and  library  districts are hereby authorized and empowered to join in
 42    the creation, development, operation and maintenance of regional systems,  and
 43    to  appropriate  and allocate funds for the support of such systems. All funds
 44    collected or contributed for the support of each regional system shall be con-
 45    trolled and administered under the direction of the  system  board,  following
 46    procedures  outlined  in the library district statutes, and as directed by the
 47    state library board of library commissioners.
 48        (a1)  Participating Units. Participating boards shall continue to  control
 49    the  funds  appropriated  or  contributed for the support of the participating
 50    libraries, but may expend all or any part thereof for library services  to  be
 51    furnished  by  the regional system. Each participating board shall prepare its
 52    own annual budget as required by the Idaho Code, and said budget  may  include
 53    anticipated  revenues or expenditures for regional system services. Tax levies
                                                                        
                                           7
                                                                        
  1    made pursuant to each such budget shall be certified as provided by law.
  2        (b2)  System Budget. Each system board shall prepare a preliminary  budget
  3    for the system for the coming year, and shall by the last day of April forward
  4    said  budget  to  the  boards of participating libraries. This budget shall be
  5    published, and a hearing held thereon before the last day of May.
  6        (c3)  Non-Participating Nonparticipating Areas.  The  system  board  shall
  7    also  prepare  a  list of those areas within each county of the library region
  8    wherein public libraries, library districts,  school-community  libraries,  or
  9    association libraries are not maintained as authorized in the Idaho Code. Such
 10    lists  shall  be forwarded to the state library board of library commissioners
 11    and to the board of county commissioners of each affected county.  The  system
 12    board shall include in its preliminary budget an estimate of the kinds of ser-
 13    vices  which  the  system  could  provide  to  those areas without established
 14    libraries, and the cost of such services, and shall forward this to the appro-
 15    priate boards of county commissioners.
                                                                        
 16        SECTION 15.  That Section 33-2618, Idaho Code, be, and the same is  hereby
 17    amended to read as follows:
                                                                        
 18        33-2618.  ADDITION  TO OR WITHDRAWAL FROM A REGIONAL SYSTEM. (1) After the
 19    establishment of a regional system as provided in this act, the board  of  any
 20    library  which is not a part of the system, and which is within the boundaries
 21    of a library region as established by the Idaho state library board of library
 22    commissioners, may petition the state library board of  library  commissioners
 23    for addition to the regional system.
 24        Petitions for addition shall be prepared and processed as provided in this
 25    act  for  initial  petitions,  except  that prior approval in writing shall be
 26    obtained by the petitioning board from the regional system board, and shall be
 27    attached to the petition when it is submitted to the state  library  board  of
 28    library commissioners.
 29        (2)  After the establishment of a regional system as provided in this act,
 30    a  participating library board may petition the state library board of library
 31    commissioners for withdrawal from the system. A petition for  withdrawal  must
 32    be received by the state library board of library commissioners at least sixty
 33    (60) days before the end of the fiscal year of the system.
 34        All assets of a participating library remain the property of that library,
 35    and  if a unit withdraws from a system the disposal of the joint assets of the
 36    system  shall  be  determined  by  the  state   library   board   of   library
 37    commissioners,  who  shall  give  consideration to such items as the amount of
 38    funds raised from each unit of the system, and the ability  of  the  units  to
 39    make further use of such property or equipment for library purposes.
                                                                        
 40        SECTION  16.  That Section 33-2619, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        33-2619.  ADMINISTRATION OF ACT BY STATE LIBRARY BOARD OF LIBRARY  COMMIS-
 43    SIONERS. The Idaho state library board of library commissioners shall adminis-
 44    ter  the provisions of this act, and shall adopt such rules and regulations as
 45    are necessary for approval of regional system petitions, review and  amendment
 46    of  regional  system  plans and contracts, and such other matters as the state
 47    library board of library commissioners may deem advisable.
                                                                        
 48        SECTION 17.  That Section 33-2702, Idaho Code, be, and the same is  hereby
 49    amended to read as follows:
                                                                        
                                           8
                                                                        
  1        33-2702.  DEFINITIONS. As used in this chapter:
  2        (1)  "Administrative  only  district"  is a library district that does not
  3    serve the public directly and has no direct service  outlets  or  collections,
  4    but  which  contracts  with  other  library entities to provide various public
  5    library services.
  6        (2)  "City library" means a library established by a  city  ordinance  and
  7    operating  under the provisions of chapter 26, title 33, Idaho Code.
  8        (3)  "Home  county"  means  the county where the designated district head-
  9    quarters is located when a public library district's boundaries include terri-
 10    tory located in more than one (1) county.
 11        (4)  "Library director" or "library director team" means  an  employee  or
 12    group  of  employees of a public library district charged with the administra-
 13    tion and management of library services for that district.
 14        (5)  "Public library district trustee" means a  qualified  elector  living
 15    within the boundaries of a public library district who is elected or appointed
 16    temporarily  to  fulfill  the  duties described in this chapter related to the
 17    governance of a public library district.
 18        (6)  "Public library service" means the provision of  planned  collections
 19    of  materials and information services provided by a library established under
 20    the provisions of chapter 26 or 27, title 33, Idaho Code, and paid for primar-
 21    ily through tax support provided under these statutes. These services shall be
 22    provided at a facility, accessible to the public at regularly scheduled  hours
 23    and  set  aside  for this purpose. The services shall be governed by a citizen
 24    board appointed or elected for this purpose  and  shall  be  administered  and
 25    operated  by  paid  staff  who  have  received appropriate training in library
 26    skills and management. The services shall meet standards  established  by  the
 27    state library board of library commissioners.
 28        (7)  "Qualified  elector" means any person voting, or offering to vote, at
 29    an election to create a library district,  add  territory  thereto,  or  elect
 30    trustees  thereof. A qualified elector must be, at the time of the election, a
 31    resident of the area involved for thirty (30) days prior to the  date  of  the
 32    election,  registered  and an elector within the meaning of section 2, article
 33    VI, of the Constitution of the state of Idaho.
                                                                        
 34        SECTION 18.  That Section 33-2703, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:
                                                                        
 36        33-2703.  LIBRARY  DISTRICTS -- TERRITORY -- ESTABLISHMENT -- LIMITATIONS.
 37    A library district may be established by vote of the qualified electors of the
 38    proposed district in an election called and held as provided by this  chapter,
 39    with the following limitations:
 40        (1)  The  district may include incorporated or unincorporated territory or
 41    both in one (1) or more counties and may  include  any  of  the  area  thereof
 42    except as may be excluded by this section, and as finally fixed and determined
 43    by the board of county commissioners.
 44        (2)  The  territory  of the district shall be continuous, and no territory
 45    of an incorporated municipality shall be divided.
 46        (3)  In the initial establishment of a library district the following  may
 47    be excluded:
 48        (a)  A  municipality  which is already providing library service as estab-
 49        lished according to section 33-2603, Idaho Code; or
 50        (b)  A library district which is  already  providing  library  service  as
 51        established in accordance with the provisions of this chapter.
 52        (4)  If,  subsequent  to the establishment of a library district, any area
 53    thereof is annexed to a municipality which maintains a tax-supported  library,
                                                                        
                                           9
                                                                        
  1    this  area shall cease to be a part of the library district and the city coun-
  2    cil of the municipality shall so notify the board of county commissioners.
  3        (5)  Any proposed library district shall have a population  of  more  than
  4    one    thousand  five  hundred  (1,500)  and an annual budget of not less than
  5    twenty-five thousand dollars ($25,000) from ad valorem revenues. Any  proposed
  6    library district not meeting the above criteria may apply to the state library
  7    board of library commissioners for an exemption.
                                                                        
  8        SECTION  19.  That Section 33-2705, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        33-2705.  CONDUCT OF ELECTION. Upon the county commissioners  having  made
 11    the  order  referred  to in subsection (5) of section 33-2704, Idaho Code, the
 12    clerk of the board of county commissioners  shall  cause  to  be  published  a
 13    notice of an election to be held for the purpose of determining whether or not
 14    the  proposed  library  district  shall be established under the provisions of
 15    this chapter. The date of this election shall be  the  next  uniform  election
 16    date as provided for in section 34-106, Idaho Code. Whenever more than one (1)
 17    petition  is  presented to the county commissioners calling for an election to
 18    create library districts, the first presented shall take precedence. Notice of
 19    the election shall be given, the election shall be conducted, and the  returns
 20    thereof  canvassed  as  provided  for in chapter 14, title 34, Idaho Code, and
 21    under the general election laws of the state of Idaho. The ballot  shall  con-
 22    tain  the  words "(Name) Library District--Yes" and "(Name) Library District--
 23    No," each followed by a box wherein the voter may express his choice by  mark-
 24    ing  a  cross "X." The board or boards of election shall make returns and cer-
 25    tify the results to the boards of county commissioners within three  (3)  days
 26    after  the election, and the board of county commissioners shall, within seven
 27    (7) days after the election, canvass the returns. If a majority of  all  votes
 28    cast  be  in  the affirmative, the board of county commissioners shall, within
 29    seven (7) days after the returns have been canvassed, enter an order declaring
 30    the library district established, designating its name and boundaries  includ-
 31    ing  a map prepared in a draftsmanlike manner. The board of county commission-
 32    ers shall transmit a copy of the order to the county recorder,  county  asses-
 33    sor, and the state tax commission in a timely manner, but no later than Decem-
 34    ber  15,  in  the  calendar year in which the election was held. A copy of the
 35    order shall also be transmitted to the state library board of library  commis-
 36    sioners.
                                                                        
 37        SECTION  20.  That Section 33-2706, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        33-2706.  ESTABLISHMENT  OF  LIBRARY  DISTRICT  EMBRACING  MORE  THAN  ONE
 40    COUNTY. When the proposed library district embraces more than one (1)  county,
 41    the  petition  and procedure for praying for the establishment of the district
 42    shall be carried forward in each county as though that county  were  the  only
 43    county  affected.  Each  petition shall designate the same home county for the
 44    proposed district.
 45        The board of county commissioners of the home county shall advise with the
 46    board of county commissioners in any other county affected to the end that the
 47    election shall be held in each county on the same day.  The  board  of  county
 48    commissioners  in  each county shall proceed in the conduct of the election as
 49    though the election were being held only in that county as set forth  in  sec-
 50    tion  33-2705,  Idaho  Code.  After the canvass of the returns, the results in
 51    each other county shall be certified to the board of county  commissioners  of
                                                                        
                                           10
                                                                        
  1    the  home  county,  together  with  all ballots and tally sheets. The board of
  2    county commissioners of the home county shall canvass all returns and  certify
  3    the results of the election to the board of county commissioners  of any other
  4    county  affected.  The proposal shall be deemed approved only if a majority of
  5    all votes cast in each county were cast in the affirmative.  If  this  is  the
  6    case,  the  board  of  county  commissioners of the home county shall enter an
  7    order declaring the library district to be created, designating its  name  and
  8    boundaries,  including  a  map prepared in a draftsmanlike manner. A certified
  9    copy of the order shall be transmitted by the board of county commissioners to
 10    the county recorder, the county assessor and the state  tax  commission  in  a
 11    timely  manner,  but  no later than December 15, in the calendar year in which
 12    the election was held. A copy of this order shall also be transmitted  to  the
 13    board(s)  of  county  commissioners  of any other county affected, which shall
 14    enter the order in its minutes. A copy of this order shall also be transmitted
 15    to the state library board of library commissioners.
                                                                        
 16        SECTION 21.  That Section 33-2707, Idaho Code, be, and the same is  hereby
 17    amended to read as follows:
                                                                        
 18        33-2707.  ADDITION  OF  TERRITORY  NOT HAVING A TAX SUPPORTED LIBRARY TO A
 19    LIBRARY DISTRICT -- PETITIONS AND SIGNATURES -- ELECTION. (1) Any  area  which
 20    does  not  have a tax supported library and which is contiguous to an existing
 21    library district may become a part of the district by petition and election.
 22        (2)  A petition may arise as set forth in section 33-2704, Idaho Code,  in
 23    the  area seeking to become a part of the library district. A true copy of the
 24    petition shall be transmitted to the board of trustees of the district, and to
 25    the board of county commissioners  in  each  county  affected.  The  board  of
 26    trustees  of  the library district may approve or disapprove the petition, and
 27    shall give notice of its decision to the board of county commissioners in each
 28    county affected.
 29        (3)  When the notice carries the approval of the board of trustees of  the
 30    district,  the  board of county commissioners in the county in which the peti-
 31    tion arose shall enter its order calling for an election on the question.  The
 32    election  shall  be  held in the area described in the petition. Notice of the
 33    election shall be given, the election shall be conducted on the  next  uniform
 34    election  date  as  provided  in  section  34-106, Idaho Code, and the returns
 35    thereof canvassed as provided in section 33-2705, Idaho Code. The ballot shall
 36    bear the question: "Shall .... become a part of the .... (Name)  Library  Dis-
 37    trict  .... Yes" and "Shall .... become a part of the .... (Name) Library Dis-
 38    trict .... No," each followed by a box in which  the  voter  may  express  his
 39    choice  by marking a cross "X.". The proposal shall be deemed approved only if
 40    the majority of the votes cast in the area seeking to become a part thereof is
 41    in the affirmative.
 42        (4)  If the proposal has been approved by the  majority  herein  required,
 43    the  board  of  county  commissioners of the home county of the district shall
 44    enter its order amending the boundaries of the district, including a map  pre-
 45    pared  in a draftsmanlike manner. A copy of this order shall be transmitted to
 46    the board of trustees of the library district, to each board of county commis-
 47    sioners of the county in which the district lies, and  to  the  state  library
 48    board of library commissioners.
 49        (5)  The  board of trustees of the library shall transmit a certified copy
 50    of this order to the county recorder, the county assessor of the  home  county
 51    and to the state tax commission in a timely manner, but no later than December
 52    15, in the calendar year in which the election was held.
 53        (6)  Addition  of  new territory to an existing library district shall not
                                                                        
                                           11
                                                                        
  1    be considered an initial establishment. The existing board of  trustees  shall
  2    continue  to  serve  for  the  terms  for which elected. When a vacancy occurs
  3    appointment shall be made as provided in section 33-2716, Idaho Code.
                                                                        
  4        SECTION 22.  That Section 33-2708, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        33-2708.  ADDITION  OF  TERRITORY  NOT HAVING A TAX SUPPORTED LIBRARY TO A
  7    LIBRARY DISTRICT -- ALTERNATE METHOD. (1) An alternate method of adding terri-
  8    tory to a library district may be initiated by a petition or petitions as  set
  9    forth in section 33-2704, Idaho Code, except that the petitions must be signed
 10    by sixty percent (60%) of the qualified electors in the area to be annexed.
 11        (2)  A  true  copy  of  the petitions shall be transmitted to the board of
 12    trustees of the library district and to the board of county  commissioners  in
 13    each  county  affected.  The  board  of trustees may approve or disapprove the
 14    petition, and shall give notice of its decision to the board of county commis-
 15    sioners in each county affected.
 16        (3)  When the notice carries the approval of the board of trustees of  the
 17    district,  the  board of county commissioners of the county in which the peti-
 18    tion arose shall proceed with the required hearing and resolution as  outlined
 19    in section 33-2704, Idaho Code.
 20        (4)  When the proposal has the approval of the board of county commission-
 21    ers, the board of trustees of the district and the board of county commission-
 22    ers shall follow these procedures:
 23        (a)  If  the  proposal  has been approved by the majority herein required,
 24        the board of county commissioners of the home county of the district shall
 25        enter its order amending the boundaries of the district, including  a  map
 26        drawn  in  a draftsmanlike manner, and transmit a copy of the order to the
 27        board of county commissioners in the county in which the petition arose. A
 28        copy of this order shall also be  sent  to  the  state  library  board  of
 29        library commissioners.
 30        (b)  The  board  of trustees of the library district shall transmit a copy
 31        of the order to the county recorder,  the  county  assessor  of  the  home
 32        county, and the state tax commission in a timely manner, but no later than
 33        December 15, in the calendar year in which the order was granted.
 34        (c)  Addition  of  new territory to an existing library district shall not
 35        be considered an initial establishment. The  existing  board  of  trustees
 36        shall  continue  to  serve for the terms for which elected. When a vacancy
 37        occurs, appointment shall be made as provided in  section  33-2716,  Idaho
 38        Code.
                                                                        
 39        SECTION  23.  That Section 33-2709, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        33-2709.  EXISTING TAX-SUPPORTED CITY  LIBRARIES  MAY  JOIN  LIBRARY  DIS-
 42    TRICTS.  Any  tax-supported  city library may join an established library dis-
 43    trict by majority vote of the qualified electors of the city according to pro-
 44    cedure set forth in section 33-2707, Idaho Code. A true copy of  the  petition
 45    and  the  district  library board's notice of approval or disapproval shall be
 46    sent to the city council. When the notice carries the approval of the district
 47    library board, the city council shall conduct the election and give notice  of
 48    the  results to the library district board and the board of county commission-
 49    ers.
 50        If the proposal has been approved by the majority required, the  board  of
 51    county  commissioners of the home county of the district shall enter its order
                                                                        
                                           12
                                                                        
  1    amending  the  boundaries  of  the  district,  including  a  map  drawn  in  a
  2    draftsmanlike manner, and a copy shall be transmitted to the board of trustees
  3    of the library district, to the board of county commissioners of the county in
  4    which  the  petition  arose, and to the state library board of library commis-
  5    sioners.
  6        The board of trustees of the library district shall transmit a copy of the
  7    order to the county recorder, the county assessor of the home county  and  the
  8    state tax commission in a timely manner, but no later than December 15, in the
  9    year in which the election was held.
 10        Addition  of  new  territory  to an existing library district shall not be
 11    considered an initial establishment. The existing district board  of  trustees
 12    shall  continue  to  serve  for  the  terms  for which elected. When a vacancy
 13    occurs, appointment shall be made as provided in section 33-2716, Idaho Code.
                                                                        
 14        SECTION 24.  That Section 33-2711, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:
                                                                        
 16        33-2711.  CONSOLIDATION  OF  LIBRARY  DISTRICTS. When there are two (2) or
 17    more library districts, which have at  least  one  (1)  common  boundary,  the
 18    boards  of  trustees of the library districts, meeting together, may determine
 19    that it is in the best interest of library service that the districts be  con-
 20    solidated, as herein provided.
 21        The  boards  of  trustees  shall jointly prepare a petition describing the
 22    boundaries of the existing  library  districts,  the  names  of  the  existing
 23    library districts, and praying for the reorganization of the territory therein
 24    described as one (1) or more library districts to be known as the ".... (Name)
 25    Library District" and with boundaries as set forth in the petition.
 26        The  petition  shall  be  signed by the chairpersons of the library boards
 27    upon majority approval of the respective boards involved in the consolidation.
 28        The petition shall be forwarded to the clerk of the board of  county  com-
 29    missioners  in  all  counties  affected,  who shall verify the signatures, and
 30    shall file the petition. Thereupon, the board of county commissioners  in  all
 31    counties affected shall proceed with the hearing and resolution as outlined in
 32    section  33-2704,  Idaho  Code.  Upon  completion of the hearing, the board of
 33    county commissioners shall issue an order granting the petition.
 34        In the order granting the petition of consolidation, the board  of  county
 35    commissioners  in  all  counties affected shall certify the new boundaries and
 36    the name of the district.
 37        A copy of the order shall be transmitted to the board of trustees  of  the
 38    library  districts involved, and to the state library board of library commis-
 39    sioners.
 40        Other notices required by law shall be filed by the board of  trustees  of
 41    the district, including a legal description and map of altered boundaries pre-
 42    pared  in  a draftsmanlike manner to be filed with the board(s) of county com-
 43    missioners, the county recorder, the county assessor of the home  county,  the
 44    state  library board of library commissioners, and the state tax commission in
 45    a timely manner, but no later than December 15, of the year in which  consoli-
 46    dation takes place.
 47        The  board  of county commissioners of the home county of the consolidated
 48    public library district shall within ten (10) days  take  action  to  reaffirm
 49    members  of  the  board  of  trustees, or to appoint members of the board, who
 50    shall be chosen from the members of the boards initiating  the  consolidation.
 51    These trustees shall serve until the next annual election of trustees or until
 52    their  successors are elected and qualified as in section 33-2715, Idaho Code.
 53    The board of trustees shall take the oath of office  as  outlined  in  section
                                                                        
                                           13
                                                                        
  1    33-2715, Idaho Code.
                                                                        
  2        SECTION  25.  That Section 33-2716, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        33-2716.  BOARD OF TRUSTEES -- NOMINATION AND ELECTION -- RECALL -- VACAN-
  5    CIES. (1) The procedure for nomination and election of trustees of  a  library
  6    district  shall be as provided for in chapter 14, title 34, Idaho Code, and in
  7    the general election laws of Idaho. If any two (2) or more candidates for  the
  8    same  trustee  position  have  an equal number of votes, the board of trustees
  9    shall determine the winner by a toss of a coin.
 10        (2)  Notwithstanding the limitations of chapter 17, title 34, Idaho  Code,
 11    each  library district trustee shall be subject to recall following procedures
 12    as closely as possible to the procedures described for the  recall  of  county
 13    commissioners pursuant to chapter 17, title 34, Idaho Code.
 14        Individuals signing a petition to recall a library trustee or voting in an
 15    election  to  recall  a library trustee shall meet the requirements of section
 16    33-2702, Idaho Code.
 17        If, pursuant to section 33-2717, Idaho Code, no election was held for  the
 18    trustee being recalled:
 19        (a)  The number of district electors required to sign the petition seeking
 20        a  recall  election  must  be not less than fifty (50), or twenty per cent
 21        percent (20%) of the number of votes cast in  the  last  trustee  election
 22        held in the library district, whichever is the greater.
 23        (b)  To  recall  any  trustee,  a majority of the votes cast at the recall
 24        election must be in favor of the recall, and additionally, the  number  of
 25        votes cast in the recall election must equal or exceed the number of votes
 26        cast in the last trustee election held in the library district.
 27        (3)  A vacancy shall be declared by the board of trustees when any nominee
 28    has  been  elected but has failed to qualify for office, or within thirty (30)
 29    days of when any trustees shall (a) die; (b) resign from office; (c) no longer
 30    reside in his respective trustee zone of residence; (d) no longer be  a  resi-
 31    dent  or qualified elector of the public library district; (e) refuse to serve
 32    as trustee; (f) without excuse acceptable to the board of  trustees,  fail  to
 33    attend  two  (2) consecutive regular meetings of the board; or (g) be recalled
 34    and discharged from office as provided in this chapter.
 35        A declaration of vacancy shall be made at any regular or  special  meeting
 36    of  the  board  of trustees, at which any of the above-mentioned conditions is
 37    determined to exist.
 38        The board of trustees shall appoint to fill the vacancy, a  person  quali-
 39    fied  to  serve  as  trustee  of  the  public library district, provided there
 40    remains in membership on the board of trustees a majority  of  the  membership
 41    thereof, and the board shall notify the state library board of library commis-
 42    sioners  of  the appointment. This appointment shall be made within sixty (60)
 43    days of the declaration of vacancy. In the event that the  board  of  trustees
 44    fails  to exercise their authority, appointments shall be made by the board of
 45    county commissioners of the home county  in  which  the  district  is  located
 46    within  thirty  (30)  days after the expiration of the sixty (60) days allowed
 47    for trustees for this action.
 48        Any person appointed as provided in this chapter  shall  serve  until  the
 49    next  annual  election  of  public  library  district  trustees  following the
 50    appointment. At the annual election a trustee shall be elected to complete the
 51    unexpired term of the office which was declared vacant filled by appointment.
 52        The elected trustee shall assume office at the first annual meeting of the
 53    public library district following the election.
                                                                        
                                           14
                                                                        
  1        SECTION 26.  That Section 33-2717, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        33-2717.  BOARD OF TRUSTEES -- ONE NOMINATION -- NO ELECTION. In any elec-
  4    tion for the office of trustee it is not necessary to conduct an election if:
  5        (1)  aAfter the expiration of the date for filing written nominations only
  6    one  (1)  candidate  has  been  nominated for each position to be filled; and,
  7    there has been no declaration of intent to be a write-in  candidate  filed  as
  8    provided in section 33-2717A, Idaho Code; or
  9        (2)  iIf no candidate has filed a written nomination and only one (1) can-
 10    didate  for each position to be filled has filed a declaration of intent to be
 11    a write-in candidate as provided in section 33-2717A, Idaho Code. If either of
 12    these conditions are present, the board of trustees shall no later than  seven
 13    (7)  days  before  the  scheduled  date  of the election declare the candidate
 14    elected as trustee, and the clerk of the library board shall immediately  make
 15    and deliver to this person a certificate of election. The clerk of the library
 16    board  shall  also  notify  the  clerk of the county commissioners of the home
 17    county and the state library commission for libraries. The procedure set forth
 18    in this section shall not apply to any other library district election.
                                                                        
 19        SECTION 27.  That Section 33-2718, Idaho Code, be, and the same is  hereby
 20    amended to read as follows:
                                                                        
 21        33-2718.  CREATION  OF TRUSTEE ZONES. Each library district may be divided
 22    into five (5) trustee zones with each zone having approximately the same popu-
 23    lation. To the maximum extent possible, boundaries  of  trustees  zones  shall
 24    follow  the existing boundaries of the electoral precincts of the county. They
 25    shall be revised, as necessary, to equalize population and to follow new elec-
 26    toral precinct boundaries following the publication  of  the  report  of  each
 27    decennial  census.  In order for a library district to be divided into trustee
 28    zones, the board of trustees shall pass a motion declaring the district to  be
 29    divided  into  trustee zones and providing a legal description of each trustee
 30    zone. The board of trustees shall transmit the motion  along  with  the  legal
 31    description  of the trustee zones to the board or boards of county commission-
 32    ers in the county or counties where the library district is contained  and  to
 33    the  state  library  board  of  library  commissioners. The board or boards of
 34    county commissioners shall have forty-five (45) days from the receipt  of  the
 35    motion  and  legal  description to reject, by adoption of a motion, the estab-
 36    lishment of trustee zones proposed by formal motion of the board  of  trustees
 37    of the library district. If the board or boards of county commissioners do not
 38    reject the establishment of the trustee zones within the time limit specified,
 39    they  shall be deemed to be in full force and effect. If a library district is
 40    contained in more than one (1) county, a motion of rejection  adopted  by  one
 41    (1) board of county commissioners shall be sufficient to keep the trustee zone
 42    plan  from going into effect. A board of county commissioners shall notify the
 43    library board of trustees in writing if a proposal is rejected.
 44        If a proposal for the establishment of trustee  zones  is  rejected  by  a
 45    board  of  county  commissioners, the boundaries of the trustee zones, if any,
 46    shall return to the dimensions they were before the rejection.  Trustee  zones
 47    may be redefined and changed, but not more than once every two (2) years after
 48    a  new  set  of  trustee  zones are formally established and in full force and
 49    effect.
 50        At the next regular meeting of the board of trustees of the  library  dis-
 51    trict    following  the creation of trustee zones, the public library district
 52    board shall appoint from its membership or from other qualified electors resi-
                                                                        
                                           15
                                                                        
  1    dent in each trustee zone, a person from that zone to serve as a trustee until
  2    the next regularly scheduled trustee election  from  that  zone.  The  initial
  3    election  of trustees for the trustee zones shall be for terms of one (1), two
  4    (2), three (3), four (4) and five (5) years respectively, with each zone being
  5    assigned an initial term length by a random drawing of  the  numbers  one  (1)
  6    through  five  (5). Thereafter, a trustee from each zone shall be elected once
  7    every five (5) years on a rotating basis with one (1) zone voting  each  year.
  8    Only  residents of the zone electing a trustee may vote. The elector must be a
  9    resident of the same trustee zone as the candidate or candidates  for  library
 10    district  trustee for whom the elector offers to vote for at least thirty (30)
 11    days preceding the election in which the elector desires to vote.
                                                                        
 12        SECTION 28.  That Section 33-2724, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        33-2724.  TAXES  FOR  THE  SUPPORT OF LIBRARY DISTRICT -- TAX ANTICIPATION
 15    LOANS -- CARRY OVER AUTHORITY -- CAPITAL ASSETS REPLACEMENT AND  REPAIR  FUND.
 16    (1)  Any  tax  levied  for  library district purposes shall be a lien upon the
 17    property against which the tax is levied. The board of trustees  shall  deter-
 18    mine  and levy a tax upon each dollar of assessed valuation of property within
 19    the district for the ensuing fiscal year as shall be required to  satisfy  all
 20    maturing  bond,  bond  interest, and judgment obligations. For the maintenance
 21    and operation of the library district, the board of  trustees  may  also  levy
 22    upon  the  taxable  property  within the district a tax not to exceed six hun-
 23    dredths percent (.06%) of market value for assessment purposes.  These  levies
 24    shall  be  certified  to  the  board of county commissioners of each county in
 25    which the district may lie, not later than the second Monday in  September  of
 26    each year.
 27        (2)  In  the  first year after establishment, the board of a district may,
 28    for the purpose of organization and to finance general preliminary expenses of
 29    the district and before making a tax levy, incur an indebtedness not exceeding
 30    in the aggregate a sum equal to six hundredths percent (.06%) on each one dol-
 31    lar ($1.00) of market value for assessment purposes of  all  taxable  property
 32    within  the  district.  To  repay  the organization indebtedness incurred, the
 33    board shall have authority to levy and collect an additional tax not to exceed
 34    two hundredths percent (.02%) per annum on each one dollar ($1.00)  of  market
 35    value  for  assessment  purposes  of all taxable property within the district.
 36    This additional levy shall not be used for any purpose other than repayment of
 37    the organizational indebtedness and interest thereon. This additional levy may
 38    be imposed for three (3) years.
 39        (3)  Library districts may accumulate fund balances at the end of a fiscal
 40    year and carry over these fund balances into the ensuing fiscal  year,  suffi-
 41    cient  to  achieve  or maintain library district operations on a cash basis. A
 42    fund balance is the excess of the assets of a fund over  its  liabilities  and
 43    reserves.
 44        (4)  The  board  of trustees of a library district may establish a capital
 45    assets replacement and repair fund within  the  library  district  budget  for
 46    which district moneys may be budgeted and carried over from year to year. Dis-
 47    bursements  from  the fund may be made as the board may determine to maintain,
 48    repair, or replace the capital assets of the district to remodel or repair any
 49    existing library building; to furnish and equip any existing library building;
 50    and to purchase or replace major appliances and vehicles necessary to maintain
 51    and operate the services of the  district.  Moneys  from  the  capital  assets
 52    replacement  and  repair  fund may not  be used for the purchase of land or to
 53    build new library facilities or to build additions to current library  facili-
                                                                        
                                           16
                                                                        
  1    ties.  Moneys  in  the  fund may be invested in the manner provided in section
  2    57-127, Idaho Code. In any year in which there is a capital assets replacement
  3    and repair fund in a library district, the amount held in the  fund  shall  be
  4    reported  in  the library district's budget hearing announcement, along with a
  5    list of capital items which may eventually be replaced or repaired with moneys
  6    from the fund. The fund shall be included in the annual report filed with  the
  7    state library board of library commissioners and in the audit required in sec-
  8    tion 33-2726, Idaho Code.
                                                                        
  9        SECTION  29.  That Section 33-2726, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-2726.  FISCAL YEAR -- ANNUAL REPORTS -- AUDIT. The fiscal year of  each
 12    library  district shall commence on the first day of October of each year. The
 13    board of trustees of each library district shall annually, not later than  the
 14    first day of January, file with the state library board of library commission-
 15    ers a report of the operations of the district for the fiscal year just ended.
 16    The  report  shall  be  on the form and contain the information that the state
 17    library board of library commissioners requires, but in all cases must include
 18    a complete accounting of all financial transactions for the fiscal year  being
 19    reported.
 20        The  board  of  trustees of each library district shall cause to be made a
 21    full and complete audit of the books and accounts of the district as  required
 22    in section 67-450B, Idaho Code.
                                                                        
 23        SECTION  30.  That Section 33-4803, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        33-4803.  DEFINITIONS. As used in this chapter:
 26        (1)  "Educational segments" are, individually, the public  elementary  and
 27    secondary  school  system,  the  Idaho  school  for  the  deaf  and blind, the
 28    professional-technical education system,  the  state  library  commission  for
 29    libraries,  the  state historical society, Idaho public television, the commu-
 30    nity colleges, the four-year colleges and universities, the  state  department
 31    of education and the office of the state board of education.
 32        (2)  "Libraries" means district, city, school/community libraries, and the
 33    state library commission for libraries as described in chapters 25, 26 and 27,
 34    title 33, Idaho Code.
 35        (3)  "Technology" means all present and future forms of computer hardware,
 36    computer software and services used or required for automated data processing,
 37    computer-related office automation or telecommunications.
 38        (4)  "Telecommunications"  means all present and future forms of hardware,
 39    software or services used or required for transmitting voice, data,  video  or
 40    images over a distance.
                                                                        
 41        SECTION 31.  That Section 63-3029A, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        63-3029A.  INCOME  TAX  CREDIT FOR CHARITABLE CONTRIBUTIONS -- LIMITATION.
 44    At the election of the taxpayer, there shall be allowed, subject to the appli-
 45    cable limitations provided herein, as a credit against the income tax  imposed
 46    by chapter 30, title 63, Idaho Code, an amount equal to fifty percent (50%) of
 47    the aggregate amount of charitable contributions made  by such taxpayer during
 48    the  year  to a nonprofit corporation, fund, foundation, trust, or association
 49    organized and operated exclusively for the benefit of institutions  of  higher
                                                                        
                                           17
                                                                        
  1    learning  located  within  the  state of Idaho, including a university related
  2    research park, to nonprofit private or public institutions of elementary, sec-
  3    ondary, or higher education or their foundations located within the  state  of
  4    Idaho, to Idaho education public broadcast system foundations within the state
  5    of  Idaho,  to  the  Idaho  state historical society or its foundation, to the
  6    Idaho state library, commission for libraries and to public libraries or their
  7    foundations and library districts or  their  foundations  located  within  the
  8    state  of  Idaho,  and to nonprofit public or private museums or their founda-
  9    tions located within the state of Idaho.
 10        (1)  In the case of a taxpayer other than a corporation, the amount allow-
 11    able as a credit under this section for any  taxable  year  shall  not  exceed
 12    twenty  percent (20%) of such taxpayer's total income tax liability imposed by
 13    section 63-3024, Idaho Code, for the year,  or  one  hundred  dollars  ($100),
 14    whichever is less.
 15        (2)  In  the case of a corporation, the amount allowable as a credit under
 16    this section for any taxable year shall not exceed ten percent (10%)  of  such
 17    corporation's  total  income  or  franchise  tax liability imposed by sections
 18    63-3025 and 63-3025A, Idaho Code,  for  the  year,  or  one  thousand  dollars
 19    ($1,000), whichever is less.
 20        For  the  purposes of this section, "institution of higher learning" means
 21    only an educational institution located within this state meeting all  of  the
 22    following requirements:
 23        (a)  It  maintains  a  regular  faculty and curriculum and has a regularly
 24        enrolled body of students in attendance at the place where its educational
 25        activities are carried on.
 26        (b)  It regularly offers education above the twelfth grade.
 27        (c)  It is accredited by the northwest association  of  schools  and  col-
 28        leges, or by the state board of education.
 29        For  the purposes of this section, a nonprofit institution of secondary or
 30    higher education means a private nonprofit  secondary  or  higher  educational
 31    institution  located  within  the  state  of Idaho, which is accredited by the
 32    northwest association of schools and colleges, or by the state board of educa-
 33    tion. A nonprofit private institution of elementary education means a  private
 34    nonprofit elementary educational institution located within the state of Idaho
 35    and approved by the state board of education.
                                                                        
 36        SECTION  32.  That Section 67-5205, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        67-5205.  FORMAT -- COSTS -- DISTRIBUTION -- FUNDS. (1) The administrative
 39    code and the permanent supplements thereto shall be published in such a manner
 40    that every agency has an opportunity to procure at reasonable  cost  from  the
 41    coordinator, individual printed pamphlet copies of the rules and statements of
 42    policy  of  such agency published by authority of this chapter. No administra-
 43    tive rule or statement of policy published in the administrative code  or  the
 44    permanent  supplements shall be reset or otherwise reprinted at public expense
 45    upon a format distinct from that of the administrative code without a certifi-
 46    cation by the coordinator that such special format is necessary for the effec-
 47    tive performance by the agency of its functions.
 48        (2)  The prices to be charged for individual copies of  and  subscriptions
 49    to  the  administrative code, the permanent supplements thereto and the bulle-
 50    tin, for reprints and bound volumes thereof and for pamphlet rules and  state-
 51    ments  of policy, which prices  may be fixed without reference to the restric-
 52    tions placed upon and fixed for the sale of other publications of  the  state,
 53    and  the number of copies which shall be distributed free for official use, in
                                                                        
                                           18
                                                                        
  1    addition to those free copies required to be  as  provided  in  this  section,
  2    shall  be set by rules promulgated by the coordinator. The coordinator may set
  3    prices without reference to the restrictions placed upon  the  sale  of  other
  4    publications  of  the state. Free copies shall be distributed by the coordina-
  5    tor, as follows:
  6        (a)  One (1) to each county clerk for the use of the county law library.
  7        (b)  One (1) each to the senate and the house of representatives.
  8        (c)  One (1) to the attorney general.
  9        (d)  One (1) to the legislative services office.
 10        (e)  One (1) each to the state universities and colleges, and one  (1)  to
 11        each community college.
 12        (f)  One (1) to the state law library.
 13        (g)  One (1) to the state library commission for libraries.
 14        (h)  One  (1) each to the following state depository libraries: Boise Pub-
 15        lic Library, East Bonner County Library, Idaho Falls Public Library,  Lew-
 16        iston  City  Library,  Pocatello Library, Albertson College Library, Ricks
 17        College Brigham Young  University-Idaho  Library  and  Twin  Falls  Public
 18        Library.
 19    In  addition  to those free copies required to be distributed by this section,
 20    the coordinator shall provide to the legislature free copies of all rules sub-
 21    ject to review by the legislature pursuant to section 67-5291, Idaho Code, and
 22    may distribute other free copies for official use.
 23        (3)  Without limiting the generality of the provisions of  subsection  (2)
 24    of this section, the rules of the coordinator may provide for volume discounts
 25    to  be  available  to established law book publishers who agree to incorporate
 26    fully administrative rules, the permanent supplements thereto and the bulletin
 27    into their general scheme of promotion and distribution, and may  provide  for
 28    the  free  reciprocal  exchange  of  publications between this state and other
 29    states and foreign jurisdictions. The provisions of this section  include  the
 30    authority  to  exchange,  display, access and publish texts through electronic
 31    media.
 32        (4)  There is hereby created in the state treasury the administrative code
 33    fund. All moneys received from the production of rules, the sale of the admin-
 34    istrative code, the permanent supplements thereto, or the  bulletin,  and  for
 35    providing  electronic  access,  shall  be  deposited in the fund. All agencies
 36    which have any material published in the bulletin, administrative code or sup-
 37    plements thereto, or newspapers, are hereby authorized and directed to pay out
 38    of their appropriations to the coordinator  their  respective  shares  of  the
 39    costs  of publication and distribution of such material.  All moneys placed in
 40    the fund may be appropriated to the coordinator for the administration of  the
 41    provisions  of  this  chapter, and for the publication and distribution of the
 42    bulletin, administrative code or supplements thereto, as  authorized  in  this
 43    chapter.
 44        The  coordinator  shall  charge an annual fee to each participating agency
 45    for each page published in the administrative code  not  to  exceed  fifty-six
 46    dollars  ($56.00) per page. In addition, the coordinator shall charge a fee to
 47    each participating agency for each page  published  in  the  bulletin  not  to
 48    exceed sixty-one dollars ($61.00) per page. A fee per page may be charged even
 49    though  less than a full page of publication is required, and each participat-
 50    ing agency shall promptly pay into the administrative code fund such charge.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS 15402C1

     The primary purpose of this bill is to change the name of
the agency from the Idaho State Library to the Idaho Commission
for Libraries to better reflect its mission, which is to "assist
libraries to build the capacity to better serve their clientele."

     Section 33-2501 is amended to change the name of the agency
and to provide a purpose statement.  Amendments to 33-2502
include changing the name of the governing body to reflect the
name change; removing the Superintendent of Public Instruction or
designee as an ex-officio member of the governing board; and
removing obsolete language.  Amendments to 33-2503 include
removing obsolete powers, and in the case of appointment of the
executive officer, shifting that power to a new section of the
code.  Section 33-2503A is a new section related to the
appointment and powers of the agency's executive officer and
gives that officer the power to employ other staff to carry out
the functions of the agency.  Section 33-2504 is repealed in its
entirety because it does not reflect current fiscal practice. 
The remaining sections of the bill are amendments related to the
change in name of the agency and its governing body.



                          FISCAL NOTE

     All fiscal impact of this bill is related to the change in
name of the agency.  It is estimated that $4,500 from the General
Fund will be used to change signage on the building, to modify
the agency's logo, to issue new identification badges, name tags,
business cards, property stamps, and related expenditures. Any
expense related to changes in the agency's web site, e-mail
systems, and other electronic sources will be absorbed in
regularly scheduled revisions, updates and maintenance.  
 
     There is no fiscal impact for any other part of this bill.




CONTACT
Name:     Ann Joslin
Agency:   Library, Idaho State
Phone:    334-2150

STATEMENT OF PURPOSE/FISCAL NOTE                             H 684