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H0450........................................................by MR. SPEAKER
Requested by: Idaho State Library
STATE LIBRARY BOARD - Repeals and adds to existing law to establish the
state library and state library board, to provide powers and duties of the
state library board, to provide that the state library is the depository of
public documents and to state legislative intent to withdraw from the
Interstate Library Compact.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Educ
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Tippets,
Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black(23), Gagner, Linford, Newcomb, Sali,
Taylor, Wood
Floor Sponsor - Miller
Title apvd - to Senate
02/09 Senate intro - 1st rdg - to Educ
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Keough
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/16 To Governor
03/17 Governor signed
Session Law Chapter 57
Effective: 07/01/98
H0450|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 450 BY MR. SPEAKER Requested by: Idaho State Library 1 AN ACT 2 RELATING TO THE STATE LIBRARY BOARD; REPEALING CHAPTER 25, TITLE 33, IDAHO 3 CODE; AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 25, 4 TITLE 33, IDAHO CODE, TO ESTABLISH THE STATE LIBRARY, TO ESTABLISH THE 5 STATE LIBRARY BOARD, MEMBERSHIP, OFFICERS, MEETINGS AND COMPENSATION, TO 6 PROVIDE POWERS AND DUTIES OF THE STATE LIBRARY BOARD, TO PROVIDE FOR 7 TREATMENT OF ACCOUNTS OF THE STATE LIBRARY BOARD INCLUDING CERTIFICATION 8 AND PAYMENT OF CLAIMS, TO PROVIDE THAT THE STATE LIBRARIAN IS THE DEPOSI- 9 TORY FOR PUBLIC DOCUMENTS AND TO PROVIDE FOR SUBMISSION AND DISTRIBUTION 10 OF DOCUMENTS, TO ESTABLISH THE LIBRARY IMPROVEMENT ACCOUNT AND TO PROVIDE 11 FOR OPERATION OF THE ACCOUNT; AND TO STATE LEGISLATIVE INTENT TO WITHDRAW 12 FROM THE INTERSTATE LIBRARY COMPACT AND TO DIRECT THE STATE LIBRARIAN TO 13 PROVIDE THE REQUIRED NOTICES FOR WITHDRAWAL. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Chapter 25, Title 33, Idaho Code, be, and the same is 16 hereby repealed. 17 SECTION 2. That Title 33, Idaho Code, be, and the same is hereby amended 18 by the addition thereto of a NEW CHAPTER , to be known and desig- 19 nated as Chapter 25, Title 33, Idaho Code, and to read as follows: 20 CHAPTER 25 21 STATE LIBRARY 22 33-2501. STATE LIBRARY ESTABLISHED. The state of Idaho recognizes that 23 libraries are uniquely suited to making the benefits of information and infor- 24 mation technologies available to the citizens of the state of Idaho. There- 25 fore, the Idaho state library is hereby established. 26 33-2502. STATE LIBRARY BOARD -- MEMBERSHIP -- OFFICERS -- MEETINGS -- 27 COMPENSATION. The state library shall be governed by the state library board. 28 The state library board shall be maintained within the office of the state 29 board of education and shall consist of the state superintendent of public 30 instruction or the superintendent's designee, as ex officio member, and five 31 (5) members appointed by the state board of education. On the first Monday of 32 July, 1998, the state board of education shall appoint one (1) member for a 33 term of three (3) years, one (1) member for a term of four (4) years, and one 34 (1) member for a term of five (5) years. Thereafter, the state board of educa- 35 tion shall annually, on the first Monday of July, appoint one (1) member to 36 the state library board to serve for a term of five (5) years. The state 37 library board shall annually elect a chairman, vice chairman, secretary and 38 other officers as it deems reasonably necessary. The state library board shall 39 meet at least twice each year. Members shall be compensated as provided by 40 section 59-509(n), Idaho Code. 2 1 33-2503. STATE LIBRARY BOARD -- POWERS AND DUTIES. The state library 2 board is designated as the policymaking body for the Idaho state library. The 3 state library board shall have the following powers and duties: 4 (1) To foster and promote library service in the state of Idaho. 5 (2) To make policies and rules governing the use of the state library and 6 its materials. 7 (3) To employ a qualified librarian to serve as the chief executive offi- 8 cer of the state library. The librarian shall be a graduate of an accredited 9 library school. 10 (4) To receive donations of money, books, and other real and personal 11 property, for the benefit of the Idaho state library. Title to donations in 12 any form shall vest in the state of Idaho. Donations shall be held and con- 13 trolled by the state library board. 14 (5) To promote and facilitate the establishment, use, and cooperation of 15 libraries throughout the state so all Idahoans have access to the resources of 16 those libraries. 17 (6) To provide services to state government employees and the public as 18 the Idaho state government information center. 19 (7) To support or deliver statewide library programs and services. 20 (8) To accept, receive, administer and expend, in accordance with the 21 terms thereof, any moneys, materials or other aid granted, appropriated, or 22 made available to Idaho by the United States, or any of its agencies, or by 23 any other public or private source, for library purposes. The board is autho- 24 rized to file any accounts required with reference to receiving and adminis- 25 tering all such moneys, materials and other aid. 26 (9) To assist in the establishment of financing of a statewide program of 27 cooperative library services, which may be in cooperation with any taxing 28 unit, or public or private agency. 29 (10) To contract with other libraries or agencies, within or without the 30 state of Idaho, to render library services to people of the state of Idaho. 31 The state library board shall have authority to reasonably compensate other 32 library units or agencies for the cost of the services provided by the other 33 library unit or agency under any such contract. Such contracts and compensa- 34 tion shall be exempt from the provisions of chapter 57, title 67, Idaho Code. 35 (11) The board shall have authority to promulgate all rules necessary for 36 the proper conduct of its business. 37 33-2504. STATE LIBRARY BOARD -- ACCOUNTS -- CERTIFICATION -- PAYMENT OF 38 CLAIMS. The secretary of the state library board shall keep a full report of 39 the proceedings of the board, and accurate accounts of expenses incurred by 40 the board in carrying out the provisions of this chapter. The chairman of the 41 board may issue certificates, countersigned by the secretary, for all claims 42 against the board required to be examined pursuant to chapter 20, title 67, 43 Idaho Code. The claims, when approved by the board of examiners, shall be paid 44 by warrants drawn upon the fund in the state treasury provided for that pur- 45 pose. 46 33-2505. STATE LIBRARIAN -- DEPOSITORY FOR PUBLIC DOCUMENTS -- DISTRIBU- 47 TION. It shall be the duty of the head of every agency, board, bureau, commis- 48 sion or department of the state of Idaho, including all state supported insti- 49 tutions of higher education in Idaho, to deposit with the librarian of the 50 Idaho state library twenty (20) copies of all documents, reports, surveys, 51 monographs, serial publications, compilations, pamphlets, bulletins, leaflets, 52 circulars, maps, charts or broadsides of a public nature which it produces for 53 public distribution. The deposit of information with the state librarian is 3 1 intended to allow the information to be used and distributed to academic, 2 regional, public, and special libraries in Idaho, the Library of Congress, 3 and to others within the discretion of the state librarian. 4 33-2506. LIBRARY IMPROVEMENT ACCOUNT -- ESTABLISHED. (1) The state of 5 Idaho recognizes its responsibility to provide public library services to its 6 citizens in both the urban and rural areas of the state. The state realizes 7 that many citizens of the state receive few library services. Some citizens 8 receive no library services at all. Therefore, there is established in the 9 state treasury the library improvement account. The library improvement 10 account shall have paid into it appropriations or revenues as may be provided 11 by law. 12 (2) Moneys in the library improvement account are appropriated to and may 13 be expended by the state library board at any time for the purposes provided 14 in this section. 15 (3) (a) The board of trustees of any tax-supported city or district 16 library may apply to the state library board to receive a payment or pay- 17 ments from the library improvement account. Provided however, they must 18 demonstrate to the state library board that their community has a substan- 19 tial and serious need to have improved library services or a need to 20 expand library services to adjacent rural areas. 21 (b) When an application for moneys from the account is approved by the 22 state library board, the state librarian shall inform the applying library 23 that the application has been approved, citing the amount approved for 24 payment and an estimate of the time when the payment can actually be made 25 to the applying library. 26 (4) All payments from the library improvement account shall be paid 27 directly to the library in warrants drawn by the state controller upon presen- 28 tation of proper vouchers from the state library. Pending payments out of the 29 library improvement account, the moneys in the account shall be invested by 30 the state treasurer in the same manner as provided under section 67-1210, 31 Idaho Code, with respect to idle moneys in the state treasury. Interest earned 32 on the investments shall be returned to the library improvement account. 33 (5) No tax-supported city or district library is automatically entitled 34 to any payments from the library improvement account, but must demonstrate to 35 the state library board an actual need for payment as set forth in subsection 36 (3)(a) of this section. The state library board shall establish the criteria 37 upon which actual need is to be determined. The state library board shall 38 give priority to projects which will improve library services in a community 39 or expand library services into the rural areas of the state. 40 (6) Payments from the library improvement account received by a library 41 may be used by the library only for the purposes stated in the application as 42 approved by the state library board. 43 SECTION 3. The Legislature hereby declares its intent to withdraw from 44 the Interstate Library Compact, enacted at section 33-2505, Idaho Code, and 45 directs the state librarian to give all notices of withdrawal and repeal 46 required by section 33-2509, Idaho Code, and section XI(b) of the Interstate 47 Library Compact.
STATEMENT OF PURPOSE
RS07373
The purpose of this legislation is to allow the state superintendent to appoint a designee
as an ex officio member of the board; increase membership on the board to five, increase
the term to five years, and remove board members' compensation from PERSI
qualification; clarify the claims to be presented to the Board of Examiners; exempt library
contracts from the public bidding requirements, and repeal the Interstate Library Compact.
FISCAL IMPACT
Impact is less than $5,000 for additional board member honoraria and travel expenses.
CONTACT
Name: Charles A. Bolles, State Librarian
Agency: Idaho State Library
Phone: 334-21 50
Statement of Purpose/Fiscal Impact
H 450