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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 29STATE LIBRARYCOMMISSION 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 LIBRARYCOMMISSION 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 Idahostate librarycommission 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 LIBRARYBOARD OF LIBRARY COMMISSIONERS -- MEMBERSHIP -- 2 OFFICERS -- MEETINGS -- COMPENSATION. Thestate libraryIdaho commission for 3 libraries shall be governed by thestate libraryboard of library commission- 4 ers. Thestate libraryboard of library commissioners shall be maintained 5 within the office of the state board of education and shall consist ofthe6state superintendent of public instruction or the superintendent's designee,7as ex officio member, andfive (5)memberscommissioners 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)membercommissioner for a term of 10three (3) years, one (1) member for a term of four (4) years, and one (1) mem-11ber for a term offive (5) years.Thereafter, the state board of education12shall annually, on the first Monday of July, appoint one (1) member to the13state library board to serve for a term of five (5) years.Thestate library14 board of library commissioners shall annually elect a chairman, vice chairman,15secretaryand other officers as it deems reasonably necessary. Thestate16libraryboard of library commissioners shall meet at least twice each year. 17MembersCommissioners 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 LIBRARYBOARD OF LIBRARY COMMISSIONERS -- POWERS AND 22 DUTIES. Thestate libraryboard of library commissioners is designated as the 23 policymaking body for the Idahostatelibrarycommission for libraries. The 24state libraryboard 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 policiesand rules governing the use28of the state library and its materialsas necessary for the proper conduct of 29 its business. 30 (3)To employ a qualified librarian to serve as the chief executive offi-31cer of the state library. The librarian shall be a graduate of an accredited32library school.33(4)To receive donations of money,books,materials and other real and 34 personal property, for the benefit of the Idahostate librarycommission for 35 libraries. Title to donations in any form shall vest in the state of Idaho. 36 Donations shall be held and controlled by thestate libraryboard 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 as42the 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 Thestate libraryboard 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 for8the 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 Idahostate librarycommission 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 thestate libraryboard 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 thestate librarycommission 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. Thestate libraryboard 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 thestate libraryboard of library commis- 22 sioners. Funding decisions shall be solely within the discretion of the 23state libraryboard 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 thestate libraryboard 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 thestate libraryboard 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 Idahostate libraryboard 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 thestate libraryboard 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 thestate libraryboard 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 thestate libraryboard 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 thestate librarycommission 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 Thestate libraryboard 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 thestate libraryboard 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 thestate libraryboard 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 47state libraryboard 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-ParticipatingNonparticipating 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 thestate libraryboard 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 Idahostate libraryboard of library 22 commissioners, may petition thestate libraryboard 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 thestate libraryboard 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 thestate libraryboard of library 31 commissioners for withdrawal from the system. A petition for withdrawal must 32 be received by thestate libraryboard 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 thestate libraryboard 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 BYSTATE LIBRARYBOARD OF LIBRARY COMMIS- 43 SIONERS. The Idahostate libraryboard of library commissioners shall adminis- 44 ter the provisions of this act, and shall adopt such rulesand regulationsas 45 are necessary for approval of regional system petitions, review and amendment 46 of regional system plans and contracts, and such other matters as thestate47libraryboard 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 27state libraryboard 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 thestate library7 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 thestate libraryboard 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 thestate libraryboard 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 thestate library48 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 thestate libraryboard 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 thestate libraryboard 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 thestate libraryboard 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 44state libraryboard 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 twentyper cent21 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 thestate libraryboard 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 thestate librarycommission 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 trusteeszones 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 thestate libraryboard 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 7state libraryboard 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 thestate libraryboard 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 thestate17libraryboard 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, thestate librarycommission 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 33state librarycommission 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 Idahostate 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 thestate librarycommission 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,Ricks17CollegeBrigham 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 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