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H0688...............................................by REVENUE AND TAXATION
LIBRARY DISTRICTS - Amends existing law to provide library districts with
the authority for a capital assets replacement and repair fund; to govern
the management of the fund; to require a two-thirds majority vote for
passage of certain bond issues; and to provide limits on the use of the
library plant facilities reserve fund and levy.
02/27 House intro - 1st rdg - to printing
02/28 Rpt prt - to Rev/Tax
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
Rls susp - PASSED - 63-0-7
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet,
Jones, Kellogg(Duncan), Kendell, Lake, Langford, Loertscher,
Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Stevenson, Stone,
Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Barrett, Black, Hornbeck, Kunz, Mader, Smylie,
Wood
Floor Sponsor - Kellogg(Duncan)
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Loc Gov
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Wheeler
Title apvd - to House
To enrol - rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 155
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 688
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO LIBRARY DISTRICTS; AMENDING SECTION 33-2724, IDAHO CODE, TO PRO-
3 VIDE AUTHORITY FOR A CAPITAL ASSETS REPLACEMENT AND REPAIR FUND AND GOVERN
4 ITS MANAGEMENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
5 33-2728, IDAHO CODE, TO REQUIRE A TWO-THIRDS MAJORITY VOTE FOR PASSAGE OF
6 CERTAIN BOND ISSUES AND TO LIMIT USE OF BOND PROCEEDS; AND AMENDING SEC-
7 TION 33-2729, IDAHO CODE, TO PROVIDE LIMITS ON THE USE OF LIBRARY PLANT
8 FACILITIES RESERVE FUND AND LEVY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 33-2724, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-2724. TAXES FOR THE SUPPORT OF LIBRARY DISTRICT -- TAX ANTICIPATION
13 LOANS -- CARRY OVER AUTHORITY -- CAPITAL ASSETS REPLACEMENT AND REPAIR FUND.
14 (1) Any tax levied for library district purposes shall be a lien upon the
15 property against which the tax is levied. The board of trustees shall deter-
16 mine and levy a tax upon each dollar of assessed valuation of property within
17 the district for the ensuing fiscal year as shall be required to satisfy all
18 maturing bond, bond interest, and judgment obligations. For the maintenance
19 and operation of the library district, the board of trustees may also levy
20 upon the taxable property within the district a tax not to exceed six hun-
21 dredths per cent percent (.06%) of market value for assessment purposes. These
22 levies shall be certified to the board of county commissioners of each county
23 in which the district may lie, not later than the second Monday in September
24 of each year.
25 (2) In the first year after establishment, the board of a district may,
26 for the purpose of organization and to finance general preliminary expenses of
27 the district and before making a tax levy, incur an indebtedness not exceeding
28 in the aggregate a sum equal to six hundredths per cent percent (.06%) on each
29 one dollar ($1.00) of market value for assessment purposes of all taxable
30 property within the district. To repay the organization indebtedness incurred,
31 the board shall have authority to levy and collect an additional tax not to
32 exceed two hundredths per cent percent (.02%) per annum on each one dollar
33 ($1.00) of market value for assessment purposes of all taxable property within
34 the district. This additional levy shall not be used for any purpose other
35 than repayment of the organizational indebtedness and interest thereon. This
36 additional levy may be imposed for three (3) years.
37 (3) Library districts may accumulate fund balances at the end of a fiscal
38 year and carry over these fund balances into the ensuing fiscal year, suffi-
39 cient to achieve or maintain library district operations on a cash basis. A
40 fund balance is the excess of the assets of a fund over its liabilities and
41 reserves.
42 (4) The board of trustees of a library district may establish a capital
43 assets replacement and repair fund within the library district budget for
2
1 which district moneys may be budgeted and carried over from year to year. Dis-
2 bursements from the fund may be made as the board may determine to maintain,
3 repair, or replace the capital assets of the district to remodel or repair any
4 existing library building; to furnish and equip any existing library building;
5 and to purchase or replace major appliances and vehicles necessary to maintain
6 and operate the services of the district. Moneys from the capital assets
7 replacement and repair fund may not be used for the purchase of land or to
8 build new library facilities or to build additions to current library facili-
9 ties. Moneys in the fund may be invested in the manner provided in section
10 57-127, Idaho Code. In any year in which there is a capital assets replace-
11 ment and repair fund in a library district, the amount held in the fund shall
12 be reported in the library district's budget hearing announcement, along with
13 a list of capital items which may eventually be replaced or repaired with
14 moneys from the fund. The fund shall be included in the annual report filed
15 with the state library board and in the audit required in section 33-2726,
16 Idaho Code.
17 SECTION 2. That Section 33-2728, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 33-2728. BOND ELECTION. (1) The purposes for which bonds may be issued
20 shall be: To acquire, purchase, or improve a library site or sites; to build a
21 library or libraries, or other building or buildings; to demolish or remove
22 buildings; to add to, remodel or repair any existing building; to furnish and
23 equip any building or buildings, including all facilities and appliances nec-
24 essary to maintain and operate the buildings of the library; and to purchase
25 motor vehicles for use as bookmobiles.
26 The library district may issue bonds in an amount not to exceed four-
27 tenths percent (.4%) of the market value for assessment purposes of property
28 within the district, less any aggregate outstanding indebtedness.
29 The board of trustees of any library district, upon approval of a majority
30 thereof, may call a bond election on the question as to whether the board
31 shall be empowered to issue bonds of the district in an amount and for a
32 period of time to be stated in the notice of election. The notice of bond
33 elections, the qualification of bond electors, the conduct of the election,
34 and the canvass of election and determination of the result of election shall
35 be in accordance with chapter 14, title 34, Idaho Code, and with the general
36 election laws of the state of Idaho. The majority required to pass a bond
37 issue shall be two-thirds (2/3) of those voting in the election. The issuance
38 of bonds, the expenditure of bond proceeds and the repayment of the bonds
39 shall all be as specified in school district law.
40 (2) District library bond funds may not be used to purchase or expand a
41 building for a contracting agency providing library services unless the dis-
42 trict library gains an ownership share in the building proportional to the
43 percentage of district bond funds used to purchase or expand the building.
44 SECTION 3. That Section 33-2729, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 33-2729. PLANT FACILITIES RESERVE FUND AND LEVY. The library district
47 board of trustees is authorized to create a plant facilities reserve fund as
48 set forth in sections 33-804 and 33-901, Idaho Code.
49 District library facilities plant facilities reserve funds may not be used
50 to purchase or expand a building for a contracting agency providing library
51 services unless the district library gains an ownership share in the building
3
1 proportional to the percentage of district bond funds used to purchase or
2 expand the building.
STATEMENT OF PURPOSE
RS 11900
This proposal establishes a capital assets replacement and repair
fund for library districts. Restricts use of these funds and
requires audits and reports at a public hearing. The proposal
clarifies a two thirds majority is required to pass a bond, and
restricts use of facilities reserve funds.
FISCAL IMPACT
No impact on the state general fund. Local fiscal impact depends
upon the extent of use by local areas.
Contact
Name: Idaho Library Association and John Watts
Phone: 385 7070
STATEMENT OF PURPOSE/FISCAL NOTES H 688