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S1478aa,aaH................................................by STATE AFFAIRS LIBRARY DISTRICTS - Amends existing law relating to library districts to provide an option for administrative only districts which do not serve the public directly but maintain collections to contract with libraries; to provide for a library director team concept for the management of library districts; and to provide miscellaneous amendments to election procedures, trustee zones and management of library districts. 02/26 Senate intro - 1st rdg - to printing 02/27 Rpt prt - to St Aff 03/04 Rpt out - to 14th Ord Rpt out amen - to engros 03/05 Rpt engros - 1st rdg - to 2nd rdg as amen 03/06 2nd rdg - to 3rd rdg as amen 03/11 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), 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 - Bunderson Title apvd - to House 03/12 House intro - 1st rdg - to Educ 03/13 Rpt out - to Gen Ord 03/14 Rpt out amen - to 1st rdg as amen 03/15 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 63-0-7 AYES -- Barraclough, Barrett, Bedke, Bell, Black, 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, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Mortensen, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Mr. Speaker NAYS -- None Absent and excused -- Aikele, Bieter, Montgomery, Moyle, Pischner, Robison, Young Floor Sponsor - Ellsworth Title apvd - to Senate 03/15 To 10th Ord Senate concurred in House amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - 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 - Bunderson Title apvd - to enrol 03/18 Rpt enrol - Pres signed - Sp signed 03/18 To Governor 03/26 Governor signed Session Law Chapter 312 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1478 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ORGANIZATION OF LIBRARY DISTRICTS; AMENDING SECTION 33-2701, IDAHO 3 CODE, TO CLARIFY THE PURPOSE OF THE CHAPTER; AMENDING SECTION 33-2702, 4 IDAHO CODE, TO DEFINE TERMS; AMENDING SECTION 33-2715, IDAHO CODE, TO PRO- 5 VIDE FOR ELECTION TO BE HELD ON THE UNIFORM ELECTION DATE IN MAY AND TO 6 GOVERN TERMS OF MEMBERS; AMENDING SECTION 33-2718, IDAHO CODE, TO GOVERN 7 CREATION OF TRUSTEE ZONES AND TO PROVIDE THAT ELECTION FROM ZONES SHALL BE 8 LIMITED TO RESIDENTS OF THE ZONE; AMENDING SECTION 33-2719, IDAHO CODE, TO 9 DISTINGUISH MEETING REQUIREMENTS FOR ADMINISTRATIVE ONLY DISTRICTS AND TO 10 GOVERN DISTRICT MEETINGS; AMENDING SECTION 33-2720, IDAHO CODE, TO SPECIFY 11 ADDITIONAL POWERS AND DUTIES OF THE BOARD OF TRUSTEES; AMENDING SECTION 12 33-2721, IDAHO CODE, TO CLARIFY DUTIES OF LIBRARY DIRECTORS AND DIRECTOR 13 TEAMS; AMENDING SECTION 33-2722, IDAHO CODE, TO CLARIFY APPLICATION OF 14 STATE AND FEDERAL LAW; AMENDING SECTION 33-2723, IDAHO CODE, TO REDESIG- 15 NATE THE SECTION; AMENDING SECTION 33-2725, IDAHO CODE, TO MAKE TECHNICAL 16 CORRECTIONS; AND AMENDING SECTION 33-2727, IDAHO CODE, TO CLARIFY POWERS 17 TO PARTICIPATE IN CONTRACTS, JOINT POWERS AGREEMENTS AND NONPROFIT CORPO- 18 RATIONS. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 33-2701, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 33-2701. PURPOSE AND POLICY. It is hereby declared to be the policy of 23 the state of Idaho, as a part of the provisions for public education, to pro- 24 mote the establishment and development of public library service for all the 25 people of Idaho. By so declaring, the state acknowledges that the ability of 26 its citizens to access information has a critical impact on the state's educa- 27 tional success, economic development, provision for an informed electorate, 28 and overall quality of life. It is the purpose of thisactchapter tomake29more adequate provision for an informed electorate by integrating, extending,30and addingintegrate, extend and add to existing library services and 31 resources so that public library servicemay beis available tochildren in32their formative years and to adults for their continuing educationall resi- 33 dents of the state from infancy through adulthood, beginning in the formative 34 years and continuing for lifelong learning. 35 SECTION 2. That Section 33-2702, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-2702. DEFINITIONS. As used in this chapter: 38 (1) "Administrative only district" is a library district that does not 39 serve the public directly and has no direct service outlets or collections, 40 but which contracts with other library entities to provide various public 41 library services. 2 1 (2) "City library" means a library established by a city ordinance and 2 operating under the provisions of chapter 26, title 33, Idaho Code. 3 (3) "Home county" means the county where the designated district head- 4 quarters is located when a public library district's boundaries include terri- 5 tory located in more than one (1) county. 6 (24) "Library director" or "library director team" meansthean employee 7 or group of employees of a public library districtwho ischarged with the 8 administration and management of library services for that district. 9 (35) "Public library district trustee" means a qualified elector living 10 within the boundaries of a public library district who is elected or,11 appointed temporarily,to fulfill the duties described in this chapter related 12 to the governance of a public library district. 13 (6) "Public library service" means the provision of planned collections 14 of materials and information services provided by a library established under 15 the provisions of chapter 26 or 27, title 33, Idaho Code, and paid for primar- 16 ily through tax support provided under these statutes. These services shall be 17 provided at a facility, accessible to the public at regularly scheduled hours 18 and set aside for this purpose. The services shall be governed by a citizen 19 board appointed or elected for this purpose and shall be administered and 20 operated by paid staff who have received appropriate training in library 21 skills and management. The services shall meet standards established by the 22 state library board. 23 (47) "Qualified elector" means any person voting, or offering to vote, at 24 an election to create a library district, add territory thereto, or elect 25 trustees thereof,. A qualified elector must be, at the time of the election, a 26 resident of the area involved for thirty (30) days prior to the date of the 27 election, registered and an elector within the meaning of section 2, article 28 VI, of the Constitution of the state of Idaho. 29 SECTION 3. That Section 33-2715, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 33-2715. BOARD OF TRUSTEES -- SELECTION -- NUMBER -- QUALIFICATIONS -- 32 TERM -- OATH -- APPOINTMENT OF FIRST BOARD. Each library district shall be 33 governed by a board of trustees of five (5) members elected or appointed as 34 provided by law, who at the time of their selection and during their terms of 35 office shall be qualified electors of the district and if trustee zones have 36 been established under section 33-2718, Idaho Code, shall be a resident of the 37 trustee zone. One (1) trustee shall be elected at each annual trustee 38 election, held on the uniform election date in May. The regular term of a 39 trustee shall be for five (5) years, or until his successor has been elected 40 and qualified. Within ten (10) days after his appointment an appointed trustee 41 shall qualify and assume the duties of his office. An elected trustee shall 42 qualify and assume the duties of his office at the annual meeting. All 43 trustees qualify by taking the oath of office required of state officers, to 44 be administered by one (1) of the present trustees or by a trustee retiring. 45 Following the initial establishment of a library district, the board of 46 county commissioners of the home county within five (5) days shall appoint 47 from among those petitioning for the library district the members of the first 48 board of trustees, who shall serve until the next annual election of trustees 49 or until their successors are elected and qualified. The initial election of 50 trustees shall be for terms of one (1), two (2), three (3), four (4) and five 51 (5) years respectively. Addition of new territory to an existing library dis- 52 trict shall not be considered an initial establishment. The first board of 53 trustees shall be sworn by a member of the board of county commissioners of 3 1 the home county of the district. 2 At its first meeting, and after each trustee election, the board shall 3 organize and elect from its membership a chairman and other officers necessary 4 to conduct the affairs of the district. 5 Members of the board shall serve without salary but shall receive their 6 actual and necessary expenses while engaged in business of the district. 7 SECTION 4. That Section 33-2718, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-2718. CREATION OF TRUSTEE ZONES. Each library district may be divided 10 into five (5) trustee zones with each zone having approximately the same popu- 11 lation. To the maximum extent possible, boundaries of trustees zones shall 12 follow the existing boundaries of the electoral precincts of the county. They 13 shall be revised, as necessary, to equalize population and to follow new elec- 14 toral precinct boundaries following the publication of the report of each 15 decennial census. In order for a library district to be divided into trustee 16 zones, the board of trustees shall pass a motion declaring the district to be 17 divided into trustee zones andpresentproviding a legal description of each 18 trustee zone. The board of trustees shall transmit the motion along with the 19 legal description of the trustee zones to the board or boards of county com- 20 missioners in the county or counties where the library district is contained 21 and to the state library board.The board or boards of county commissioners22shall have forty-five (45) days from the receipt of the motion and legal23description to reject, by adoption of a motion, the establishment of trustee24zones proposed by formal motion of the board of trustees of the library dis-25trict. If the board or boards of county commissioners do not reject the estab-26lishment of the trustee zones within the time limit specified, they shall be27deemed to be in full force and effect. If a library district is contained in28more than one (1) county, a motion of rejection adopted by one (1) board of29county commissioners shall be sufficient to keep the trustee zone plan from30going into effect. A board of county commissioners shall notify the library31board of trustees in writing if a proposal is rejected.32If a proposal for the establishment of trustee zones is rejected by a33board of county commissioners, the boundaries of the trustee zones, if any,34shall return to the dimensions they were before the rejection. Trustee zones35may be redefined and changed, but not more than once every two (2) years after36a new set of trustee zones are formally established and in full force and37effect.38 At the next regular meeting of the board of trustees of the library dis- 39 trict following theapproval of a trustee zone proposal by the board(s) of40county commissionerscreation of trustee zones, the public library district 41 board shall appoint from its membership or from other qualified electors resi- 42 dent in each trustee zone, a person from that zone to serve as a trustee until 43 the next regularly scheduled trustee election from that zone.All other mat-44ters relating to library district trustee zones shall be as provided in chap-45ters 4 and 5, title 33, Idaho Code, relating to school district trustee zones.46 The initial election of trustees for the trustee zones shall be for terms of 47 one (1), two (2), three (3), four (4) and five (5) years respectively, with 48 each zone being assigned an initial term length by a random drawing of the 49 numbers one (1) through five (5). Thereafter, a trustee from each zone shall 50 be elected once every five (5) years on a rotating basis with one (1) zone 51 voting each year. Only residents of the zone electing a trustee may vote. The 52 elector must be a resident of the same trustee zone as the candidate or candi- 53 dates for library district trustee for whom the elector offers to vote for at 4 1 least thirty (30) days preceding the election in which the elector desires to 2 vote. 3 SECTION 5. That Section 33-2719, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 33-2719. BOARD OF TRUSTEES -- MEETINGS. The annual meeting of a library 6 district board shall be on the date of its first regular meeting following 7 each trustee election. The purposes of the annual meeting are to administer 8 the oath of office to the newly elected or re-elected trustee or trustees, to 9 elect the officers of the board, to establish a regular meeting date, and to 10 review, amend, repeal or adopt bylaws, policies and procedures. The regular 11 meetings of the board of trustees of an administrative only district shall be 12 held at least once in each quarter,. All other library district boards shall 13 meet at least once every two (2) months at a uniform day of the month as the 14 board of trustees shall determine at its annual meeting. Special or adjourned 15 meetings may be held from time to time as the board may determine, but written 16 notice thereof shall be given to the members at least two (2) days prior to 17 the day of the meeting. A quorum shall consist of three (3) members, but a 18 smaller number may adjourn. All meetings shall be held under the provisions of 19 section 67-2340 through 67-2347, Idaho Code. It is the duty of each trustee to 20 attend all meetings of the board of trustees. 21 SECTION 6. That Section 33-2720, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 33-2720. POWERS AND DUTIES OF THE BOARD OF TRUSTEES. (1)It is the duty24of each trustee to attend all meetings of the board of trustees.The board of 25 trustees of each library district shall have the following powers and duties 26 consistent with the laws of the state of Idaho: 271.(a) To establish bylaws for its own government; 282.(b) To establish policies for thegovernmentadministration, operation 29 and use of the library or libraries under its control; 30 (c) To employ and evaluate a library director or library director team to 31 administer the library; 32 (d) To create job descriptions, personnel policies, and compensation 33 packages for library personnel; 34 (e) To establish an annual budget and to oversee the financial management 35 of the library district; 363.(f) To establish and locate libraries, branch libraries or stations to 37 serve the district and to provide suitable rooms, structures, facilities, 38 furniture, apparatus and appliances necessary for the conduct thereof; 394.(g) To acquire by purchase, devise, lease, or otherwise, and to own and 40 hold real and personal property and to construct buildings for the use and 41 purposes of the library district, and to sell, exchange or otherwise dis- 42 pose of property real or personal, when no longer required by the dis- 43 trict, and to insure the real and personal property of the district; 445.(h) To accept gifts of real or personal property for the use and pur- 45 poses of the library district;under terms as may be a condition of the46gift;476.(i) To establish policies for the purchase anddistributedistribution 48 of library materials; 497.(j) To issue warrants, if used, in the manner specified for the issu- 50 ance of warrants by school districts; 518.(k) To invest any funds of the district in accordance with the public 5 1 depository law and other applicable state and federal laws; 29.(l) To pay actual and necessary expenses of members of the library 3 staff when on business of the district; 410.(m) To see to the proper conduct of library district elections; 5 (n) To maintain legal records of all board business; 611.(o) To exercise other powers, not inconsistent with law, necessary for 7 the effective use and management of the library. 8 (2) Individual trustees shall have no authority to make decisions about 9 the policies of the library except as specifically authorized by the board. 10 (3) It shall be the duty of each trustee to attend all board meetings and 11 committee meetings for committees to which he or she has been assigned. 12 SECTION 7. That Section 33-2721, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 33-2721.LIBRARIANLIBRARY DIRECTOR -- DIRECTOR TEAM -- EMPLOYEES. (1) 15 Except for an administrative only district, tThe board of trustees of each 16 library district shall appointthea library director,or director team who 17 shallserve as administrator ofadminister the library district.andThe 18 director or one (1) member of the director team assigned by the board shall 19 serve as the secretary for the board without voting rights. The library direc- 20 tor or director team shall advise the board, implement policy set by the 21 board, and shall acquire library materials, equipment and supplies. The direc- 22 tor or director team shall attend all executive sessions of the board of 23 trustees, except those called to consider the evaluation, dismissal, or disci- 24 plining, or to hear complaints or charges against the library director or 25 director team member.With the recommendation of the library director, the26board shall employ other persons as may be necessary in the administration of27the affairs of the library districtNo library director or director team mem- 28 ber shall be an employee or board member of a library or other agency with 29 which the district has a contract to provide library services. 30 (2) The boardmayshall fix and paytheiremployee salaries and compensa- 31 tion, classify employees,andadoptschedules of salariespersonnel policies, 32 and discipline or discharge anylibrarian or other employeelibrary director 33 or director team member for cause. The library director or director team shall 34 hire or oversee the hiring of all other employees based on the policies, pro- 35 cedures, and job descriptions created by the library board, and shall disci- 36 pline and discharge any employee for cause, as necessary, according to the 37 written policies of the board. 38 SECTION 8. That Section 33-2722, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 33-2722. TREASURER -- CLERK. The board of trustees of each library dis- 41 trict shall appoint some qualified person, who may or may not be a member of 42 the board of trustees, to act as treasurer of the library district. This per- 43 son shall, on taking office, give bond to the library district, with sureties 44 approved by the board of trustees, in the amount of at least five thousand 45 dollars ($5,000), which bond shall be paid for by the district, and shall be 46 conditioned upon faithful performance of the duties of his office and his 47 accounting for all moneys of the library district received by him or under his 48 control. The treasurer shall supervise all moneys raised for the library dis- 49 trict by taxation or received by the district from any other sources and shall 50 supervise all disbursements of funds of the district by order of the board of 51 trustees. 6 1 Under the direction of the board of trustees, the treasurer shall have all 2 moneys of the district deposited in accordance with the public depository law 3 and other applicable state and federal laws. 4 The board of trustees of each library district shall appoint some quali- 5 fied person, who may or may not be a member of the board of trustees, to act 6 as clerk of the library board. The clerk shall conduct library district elec- 7 tions, other than for excision, annexation, consolidation, or division; shall 8 prepare and distribute legal notices; and shall have other duties as the board 9 may prescribe. 10 SECTION 9. That Section 33-2723, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 33-2723507. STATE TREASURER TRUSTEE OF LIBRARY FUNDS WHEN REQUIRED. When 13 the conditions of the grant or appropriation so require, the state treasurer 14 shall serve as trustee of funds appropriated to the state from any appropria- 15 tion made by the federal government, the state, or any other agency for pro- 16 viding and equalizing library service in Idaho. 17 SECTION 10. That Section 33-2725, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 33-2725. LIBRARY DISTRICT BUDGET -- PUBLIC HEARING -- NOTICE -- ADJUST- 20 MENTS. The board of trustees of each library district shall prepare for the 21 ensuing fiscal year a budget and prior to its adoption shall have called and 22 caused to be held a public hearing thereon at a regular or special meeting. 23 Notice of the time and place of the hearing shall be published at least once 24 in a newspaper printed, or having general circulation within the district or 25 in the county or counties in which the library district may lie. The board of 26 trustees of each library district shall also prepare and publish, as a part of 27 this notice, a summary statement of the budget for the ensuing year prepared 28 in a manner consistent with standard accounting practices and indicating 29 amounts previously budgeted for the then current year for purposes of compari- 30 son. 31 During the year the board of trustees may proceed to adjust the budget as 32 adopted to reflect the receipt of unanticipated revenue, grants, or donations 33 from federal, state or local government or private sources, provided that 34 there shall be no increase in thead valoremproperty tax portion of the 35 annual certified budget. Prior to the adoption of the budget adjustment, the 36 library board shall have called and cause to be held a public hearing thereon 37 at a regular or special meeting. Notice of the time and place of the hearing 38 shall be published at least once in a newspaper printed or having general cir- 39 culation within the district or in the county(ies)or counties in which the 40 library district may lie. The board of trustees of each library district shall 41 also prepare and publish, as a part of this notice, a summary of the budget 42 and the adjustments prepared in a manner consistent with standard accounting 43 practices and indicating amounts previously budgeted for the then current year 44 for purposes of comparison. 45 SECTION 11. That Section 33-2727, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 33-2727.PURCHASE AND SALE OF LIBRARY SERVICES --CONTRACTS -- JOINT 48 POWERS AGREEMENTS -- PARTICIPATION IN NONPROFIT CORPORATIONS. (1) In lieu of, 49 or in addition to, establishing an independent library, the board of trustees 7 1 may purchase specified library services by contract from any taxing unit, or 2 public or private agency maintaining a library, providing that this unit or3agency shall file an annual report with the board of trustees of the library4district showing in detail the manner in which the funds of the library dis-5trict have been spent. Contracts for services shall contain provisions on 6 annual budget procedures, accounting for funds, dispute resolution procedures, 7 ownership of assets purchased with district funds, annual reports and proce- 8 dures for ending the contract. 9 (2) The board of trustees of a library district may sell specified 10 library services to any taxing unit, or public or private agency whichagrees11 contracts to make an acceptable annual appropriation for these services. 12 (3) Any purchase or sale of library services shall be under a written 13 contractfor a term of three (3) years, which contract shall be automatically14renewed at the end of this three (3) year period unless either party thereto15gives notice not less than six (6) months before the termination of any exist-16ing contract, of intention not to renew the contractthat is in accordance 17 with all applicable state and federal laws. 18 (4) In order to improve or expand public library services, library dis- 19 tricts may participate in the joint exercise of powers with other public agen- 20 cies as specified by law. 21 (5) In order to improve or expand public library services, library dis- 22 tricts may become corporate partners in nonprofit corporations.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Bunderson Seconded by Andreason IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1478 1 AMENDMENT TO SECTION 3 2 On page 2 of the printed bill, in line 47, delete "from among those peti- 3 tioning for the library district". 4 AMENDMENT TO SECTION 4 5 On page 3, in line 21, following "board." delete the remainder of the 6 line, delete lines 22 through 37, and insert: "The board or boards of county 7 commissioners shall have forty-five (45) days from the receipt of the motion 8 and legal description to reject, by adoption of a motion, the establishment of 9 trustee zones proposed by formal motion of the board of trustees of the 10 library district. If the board or boards of county commissioners do not reject 11 the establishment of the trustee zones within the time limit specified, they 12 shall be deemed to be in full force and effect. If a library district is con- 13 tained in more than one (1) county, a motion of rejection adopted by one (1) 14 board of county commissioners shall be sufficient to keep the trustee zone 15 plan from going into effect. A board of county commissioners shall notify the 16 library board of trustees in writing if a proposal is rejected. 17 If a proposal for the establishment of trustee zones is rejected by a 18 board of county commissioners, the boundaries of the trustee zones, if any, 19 shall return to the dimensions they were before the rejection. Trustee zones 20 may be redefined and changed, but not more than once every two (2) years after 21 a new set of trustee zones are formally established and in full force and 22 effect.". Moved by Hammond Seconded by Tilman IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1478, As Amended 23 AMENDMENT TO SECTION 1 24 On page 1 of the engrossed bill, in line 31, delete "may beis" and 25 insert: "may be".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1478, As Amended, As Amended in the House BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ORGANIZATION OF LIBRARY DISTRICTS; AMENDING SECTION 33-2701, IDAHO 3 CODE, TO CLARIFY THE PURPOSE OF THE CHAPTER; AMENDING SECTION 33-2702, 4 IDAHO CODE, TO DEFINE TERMS; AMENDING SECTION 33-2715, IDAHO CODE, TO PRO- 5 VIDE FOR ELECTION TO BE HELD ON THE UNIFORM ELECTION DATE IN MAY AND TO 6 GOVERN TERMS OF MEMBERS; AMENDING SECTION 33-2718, IDAHO CODE, TO GOVERN 7 CREATION OF TRUSTEE ZONES AND TO PROVIDE THAT ELECTION FROM ZONES SHALL BE 8 LIMITED TO RESIDENTS OF THE ZONE; AMENDING SECTION 33-2719, IDAHO CODE, TO 9 DISTINGUISH MEETING REQUIREMENTS FOR ADMINISTRATIVE ONLY DISTRICTS AND TO 10 GOVERN DISTRICT MEETINGS; AMENDING SECTION 33-2720, IDAHO CODE, TO SPECIFY 11 ADDITIONAL POWERS AND DUTIES OF THE BOARD OF TRUSTEES; AMENDING SECTION 12 33-2721, IDAHO CODE, TO CLARIFY DUTIES OF LIBRARY DIRECTORS AND DIRECTOR 13 TEAMS; AMENDING SECTION 33-2722, IDAHO CODE, TO CLARIFY APPLICATION OF 14 STATE AND FEDERAL LAW; AMENDING SECTION 33-2723, IDAHO CODE, TO REDESIG- 15 NATE THE SECTION; AMENDING SECTION 33-2725, IDAHO CODE, TO MAKE TECHNICAL 16 CORRECTIONS; AND AMENDING SECTION 33-2727, IDAHO CODE, TO CLARIFY POWERS 17 TO PARTICIPATE IN CONTRACTS, JOINT POWERS AGREEMENTS AND NONPROFIT CORPO- 18 RATIONS. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 33-2701, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 33-2701. PURPOSE AND POLICY. It is hereby declared to be the policy of 23 the state of Idaho, as a part of the provisions for public education, to pro- 24 mote the establishment and development of public library service for all the 25 people of Idaho. By so declaring, the state acknowledges that the ability of 26 its citizens to access information has a critical impact on the state's educa- 27 tional success, economic development, provision for an informed electorate, 28 and overall quality of life. It is the purpose of thisactchapter tomake29more adequate provision for an informed electorate by integrating, extending,30and addingintegrate, extend and add to existing library services and 31 resources so that public library service may be available tochildren in their32formative years and to adults for their continuing educationall residents of 33 the state from infancy through adulthood, beginning in the formative years and 34 continuing for lifelong learning. 35 SECTION 2. That Section 33-2702, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-2702. DEFINITIONS. As used in this chapter: 38 (1) "Administrative only district" is a library district that does not 39 serve the public directly and has no direct service outlets or collections, 40 but which contracts with other library entities to provide various public 41 library services. 2 1 (2) "City library" means a library established by a city ordinance and 2 operating under the provisions of chapter 26, title 33, Idaho Code. 3 (3) "Home county" means the county where the designated district head- 4 quarters is located when a public library district's boundaries include terri- 5 tory located in more than one (1) county. 6 (24) "Library director" or "library director team" meansthean employee 7 or group of employees of a public library districtwho ischarged with the 8 administration and management of library services for that district. 9 (35) "Public library district trustee" means a qualified elector living 10 within the boundaries of a public library district who is elected or,11 appointed temporarily,to fulfill the duties described in this chapter related 12 to the governance of a public library district. 13 (6) "Public library service" means the provision of planned collections 14 of materials and information services provided by a library established under 15 the provisions of chapter 26 or 27, title 33, Idaho Code, and paid for primar- 16 ily through tax support provided under these statutes. These services shall be 17 provided at a facility, accessible to the public at regularly scheduled hours 18 and set aside for this purpose. The services shall be governed by a citizen 19 board appointed or elected for this purpose and shall be administered and 20 operated by paid staff who have received appropriate training in library 21 skills and management. The services shall meet standards established by the 22 state library board. 23 (47) "Qualified elector" means any person voting, or offering to vote, at 24 an election to create a library district, add territory thereto, or elect 25 trustees thereof,. A qualified elector must be, at the time of the election, a 26 resident of the area involved for thirty (30) days prior to the date of the 27 election, registered and an elector within the meaning of section 2, article 28 VI, of the Constitution of the state of Idaho. 29 SECTION 3. That Section 33-2715, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 33-2715. BOARD OF TRUSTEES -- SELECTION -- NUMBER -- QUALIFICATIONS -- 32 TERM -- OATH -- APPOINTMENT OF FIRST BOARD. Each library district shall be 33 governed by a board of trustees of five (5) members elected or appointed as 34 provided by law, who at the time of their selection and during their terms of 35 office shall be qualified electors of the district and if trustee zones have 36 been established under section 33-2718, Idaho Code, shall be a resident of the 37 trustee zone. One (1) trustee shall be elected at each annual trustee 38 election, held on the uniform election date in May. The regular term of a 39 trustee shall be for five (5) years, or until his successor has been elected 40 and qualified. Within ten (10) days after his appointment an appointed trustee 41 shall qualify and assume the duties of his office. An elected trustee shall 42 qualify and assume the duties of his office at the annual meeting. All 43 trustees qualify by taking the oath of office required of state officers, to 44 be administered by one (1) of the present trustees or by a trustee retiring. 45 Following the initial establishment of a library district, the board of 46 county commissioners of the home county within five (5) days shall appoint 47 the members of the first board of trustees, who shall serve until the next 48 annual election of trustees or until their successors are elected and quali- 49 fied. The initial election of trustees shall be for terms of one (1), two (2), 50 three (3), four (4) and five (5) years respectively. Addition of new territory 51 to an existing library district shall not be considered an initial establish- 52 ment. The first board of trustees shall be sworn by a member of the board of 53 county commissioners of the home county of the district. 3 1 At its first meeting, and after each trustee election, the board shall 2 organize and elect from its membership a chairman and other officers necessary 3 to conduct the affairs of the district. 4 Members of the board shall serve without salary but shall receive their 5 actual and necessary expenses while engaged in business of the district. 6 SECTION 4. That Section 33-2718, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-2718. CREATION OF TRUSTEE ZONES. Each library district may be divided 9 into five (5) trustee zones with each zone having approximately the same popu- 10 lation. To the maximum extent possible, boundaries of trustees zones shall 11 follow the existing boundaries of the electoral precincts of the county. They 12 shall be revised, as necessary, to equalize population and to follow new elec- 13 toral precinct boundaries following the publication of the report of each 14 decennial census. In order for a library district to be divided into trustee 15 zones, the board of trustees shall pass a motion declaring the district to be 16 divided into trustee zones andpresentproviding a legal description of each 17 trustee zone. The board of trustees shall transmit the motion along with the 18 legal description of the trustee zones to the board or boards of county com- 19 missioners in the county or counties where the library district is contained 20 and to the state library board. The board or boards of county commissioners 21 shall have forty-five (45) days from the receipt of the motion and legal 22 description to reject, by adoption of a motion, the establishment of trustee 23 zones proposed by formal motion of the board of trustees of the library dis- 24 trict. If the board or boards of county commissioners do not reject the estab- 25 lishment of the trustee zones within the time limit specified, they shall be 26 deemed to be in full force and effect. If a library district is contained in 27 more than one (1) county, a motion of rejection adopted by one (1) board of 28 county commissioners shall be sufficient to keep the trustee zone plan from 29 going into effect. A board of county commissioners shall notify the library 30 board of trustees in writing if a proposal is rejected. 31 If a proposal for the establishment of trustee zones is rejected by a 32 board of county commissioners, the boundaries of the trustee zones, if any, 33 shall return to the dimensions they were before the rejection. Trustee zones 34 may be redefined and changed, but not more than once every two (2) years after 35 a new set of trustee zones are formally established and in full force and 36 effect. 37 At the next regular meeting of the board of trustees of the library dis- 38 trict following theapproval of a trustee zone proposal by the board(s) of39county commissionerscreation of trustee zones, the public library district 40 board shall appoint from its membership or from other qualified electors resi- 41 dent in each trustee zone, a person from that zone to serve as a trustee until 42 the next regularly scheduled trustee election from that zone.All other mat-43ters relating to library district trustee zones shall be as provided in chap-44ters 4 and 5, title 33, Idaho Code, relating to school district trustee zones.45 The initial election of trustees for the trustee zones shall be for terms of 46 one (1), two (2), three (3), four (4) and five (5) years respectively, with 47 each zone being assigned an initial term length by a random drawing of the 48 numbers one (1) through five (5). Thereafter, a trustee from each zone shall 49 be elected once every five (5) years on a rotating basis with one (1) zone 50 voting each year. Only residents of the zone electing a trustee may vote. The 51 elector must be a resident of the same trustee zone as the candidate or candi- 52 dates for library district trustee for whom the elector offers to vote for at 53 least thirty (30) days preceding the election in which the elector desires to 4 1 vote. 2 SECTION 5. That Section 33-2719, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 33-2719. BOARD OF TRUSTEES -- MEETINGS. The annual meeting of a library 5 district board shall be on the date of its first regular meeting following 6 each trustee election. The purposes of the annual meeting are to administer 7 the oath of office to the newly elected or re-elected trustee or trustees, to 8 elect the officers of the board, to establish a regular meeting date, and to 9 review, amend, repeal or adopt bylaws, policies and procedures. The regular 10 meetings of the board of trustees of an administrative only district shall be 11 held at least once in each quarter,. All other library district boards shall 12 meet at least once every two (2) months at a uniform day of the month as the 13 board of trustees shall determine at its annual meeting. Special or adjourned 14 meetings may be held from time to time as the board may determine, but written 15 notice thereof shall be given to the members at least two (2) days prior to 16 the day of the meeting. A quorum shall consist of three (3) members, but a 17 smaller number may adjourn. All meetings shall be held under the provisions of 18 section 67-2340 through 67-2347, Idaho Code. It is the duty of each trustee to 19 attend all meetings of the board of trustees. 20 SECTION 6. That Section 33-2720, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 33-2720. POWERS AND DUTIES OF THE BOARD OF TRUSTEES. (1)It is the duty23of each trustee to attend all meetings of the board of trustees.The board of 24 trustees of each library district shall have the following powers and duties 25 consistent with the laws of the state of Idaho: 261.(a) To establish bylaws for its own government; 272.(b) To establish policies for thegovernmentadministration, operation 28 and use of the library or libraries under its control; 29 (c) To employ and evaluate a library director or library director team to 30 administer the library; 31 (d) To create job descriptions, personnel policies, and compensation 32 packages for library personnel; 33 (e) To establish an annual budget and to oversee the financial management 34 of the library district; 353.(f) To establish and locate libraries, branch libraries or stations to 36 serve the district and to provide suitable rooms, structures, facilities, 37 furniture, apparatus and appliances necessary for the conduct thereof; 384.(g) To acquire by purchase, devise, lease, or otherwise, and to own and 39 hold real and personal property and to construct buildings for the use and 40 purposes of the library district, and to sell, exchange or otherwise dis- 41 pose of property real or personal, when no longer required by the dis- 42 trict, and to insure the real and personal property of the district; 435.(h) To accept gifts of real or personal property for the use and pur- 44 poses of the library district;under terms as may be a condition of the45gift;466.(i) To establish policies for the purchase anddistributedistribution 47 of library materials; 487.(j) To issue warrants, if used, in the manner specified for the issu- 49 ance of warrants by school districts; 508.(k) To invest any funds of the district in accordance with the public 51 depository law and other applicable state and federal laws; 5 19.(l) To pay actual and necessary expenses of members of the library 2 staff when on business of the district; 310.(m) To see to the proper conduct of library district elections; 4 (n) To maintain legal records of all board business; 511.(o) To exercise other powers, not inconsistent with law, necessary for 6 the effective use and management of the library. 7 (2) Individual trustees shall have no authority to make decisions about 8 the policies of the library except as specifically authorized by the board. 9 (3) It shall be the duty of each trustee to attend all board meetings and 10 committee meetings for committees to which he or she has been assigned. 11 SECTION 7. That Section 33-2721, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 33-2721.LIBRARIANLIBRARY DIRECTOR -- DIRECTOR TEAM -- EMPLOYEES. (1) 14 Except for an administrative only district, tThe board of trustees of each 15 library district shall appointthea library director,or director team who 16 shallserve as administrator ofadminister the library district.andThe 17 director or one (1) member of the director team assigned by the board shall 18 serve as the secretary for the board without voting rights. The library direc- 19 tor or director team shall advise the board, implement policy set by the 20 board, and shall acquire library materials, equipment and supplies. The direc- 21 tor or director team shall attend all executive sessions of the board of 22 trustees, except those called to consider the evaluation, dismissal, or disci- 23 plining, or to hear complaints or charges against the library director or 24 director team member.With the recommendation of the library director, the25board shall employ other persons as may be necessary in the administration of26the affairs of the library districtNo library director or director team mem- 27 ber shall be an employee or board member of a library or other agency with 28 which the district has a contract to provide library services. 29 (2) The boardmayshall fix and paytheiremployee salaries and compensa- 30 tion, classify employees,andadoptschedules of salariespersonnel policies, 31 and discipline or discharge anylibrarian or other employeelibrary director 32 or director team member for cause. The library director or director team shall 33 hire or oversee the hiring of all other employees based on the policies, pro- 34 cedures, and job descriptions created by the library board, and shall disci- 35 pline and discharge any employee for cause, as necessary, according to the 36 written policies of the board. 37 SECTION 8. That Section 33-2722, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 33-2722. TREASURER -- CLERK. The board of trustees of each library dis- 40 trict shall appoint some qualified person, who may or may not be a member of 41 the board of trustees, to act as treasurer of the library district. This per- 42 son shall, on taking office, give bond to the library district, with sureties 43 approved by the board of trustees, in the amount of at least five thousand 44 dollars ($5,000), which bond shall be paid for by the district, and shall be 45 conditioned upon faithful performance of the duties of his office and his 46 accounting for all moneys of the library district received by him or under his 47 control. The treasurer shall supervise all moneys raised for the library dis- 48 trict by taxation or received by the district from any other sources and shall 49 supervise all disbursements of funds of the district by order of the board of 50 trustees. 51 Under the direction of the board of trustees, the treasurer shall have all 6 1 moneys of the district deposited in accordance with the public depository law 2 and other applicable state and federal laws. 3 The board of trustees of each library district shall appoint some quali- 4 fied person, who may or may not be a member of the board of trustees, to act 5 as clerk of the library board. The clerk shall conduct library district elec- 6 tions, other than for excision, annexation, consolidation, or division; shall 7 prepare and distribute legal notices; and shall have other duties as the board 8 may prescribe. 9 SECTION 9. That Section 33-2723, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-2723507. STATE TREASURER TRUSTEE OF LIBRARY FUNDS WHEN REQUIRED. When 12 the conditions of the grant or appropriation so require, the state treasurer 13 shall serve as trustee of funds appropriated to the state from any appropria- 14 tion made by the federal government, the state, or any other agency for pro- 15 viding and equalizing library service in Idaho. 16 SECTION 10. That Section 33-2725, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-2725. LIBRARY DISTRICT BUDGET -- PUBLIC HEARING -- NOTICE -- ADJUST- 19 MENTS. The board of trustees of each library district shall prepare for the 20 ensuing fiscal year a budget and prior to its adoption shall have called and 21 caused to be held a public hearing thereon at a regular or special meeting. 22 Notice of the time and place of the hearing shall be published at least once 23 in a newspaper printed, or having general circulation within the district or 24 in the county or counties in which the library district may lie. The board of 25 trustees of each library district shall also prepare and publish, as a part of 26 this notice, a summary statement of the budget for the ensuing year prepared 27 in a manner consistent with standard accounting practices and indicating 28 amounts previously budgeted for the then current year for purposes of compari- 29 son. 30 During the year the board of trustees may proceed to adjust the budget as 31 adopted to reflect the receipt of unanticipated revenue, grants, or donations 32 from federal, state or local government or private sources, provided that 33 there shall be no increase in thead valoremproperty tax portion of the 34 annual certified budget. Prior to the adoption of the budget adjustment, the 35 library board shall have called and cause to be held a public hearing thereon 36 at a regular or special meeting. Notice of the time and place of the hearing 37 shall be published at least once in a newspaper printed or having general cir- 38 culation within the district or in the county(ies)or counties in which the 39 library district may lie. The board of trustees of each library district shall 40 also prepare and publish, as a part of this notice, a summary of the budget 41 and the adjustments prepared in a manner consistent with standard accounting 42 practices and indicating amounts previously budgeted for the then current year 43 for purposes of comparison. 44 SECTION 11. That Section 33-2727, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 33-2727.PURCHASE AND SALE OF LIBRARY SERVICES --CONTRACTS -- JOINT 47 POWERS AGREEMENTS -- PARTICIPATION IN NONPROFIT CORPORATIONS. (1) In lieu of, 48 or in addition to, establishing an independent library, the board of trustees 49 may purchase specified library services by contract from any taxing unit, or 7 1 public or private agency maintaining a library, providing that this unit or2agency shall file an annual report with the board of trustees of the library3district showing in detail the manner in which the funds of the library dis-4trict have been spent. Contracts for services shall contain provisions on 5 annual budget procedures, accounting for funds, dispute resolution procedures, 6 ownership of assets purchased with district funds, annual reports and proce- 7 dures for ending the contract. 8 (2) The board of trustees of a library district may sell specified 9 library services to any taxing unit, or public or private agency whichagrees10 contracts to make an acceptable annual appropriation for these services. 11 (3) Any purchase or sale of library services shall be under a written 12 contractfor a term of three (3) years, which contract shall be automatically13renewed at the end of this three (3) year period unless either party thereto14gives notice not less than six (6) months before the termination of any exist-15ing contract, of intention not to renew the contractthat is in accordance 16 with all applicable state and federal laws. 17 (4) In order to improve or expand public library services, library dis- 18 tricts may participate in the joint exercise of powers with other public agen- 19 cies as specified by law. 20 (5) In order to improve or expand public library services, library dis- 21 tricts may become corporate partners in nonprofit corporations.
STATEMENT OF PURPOSE RS 11899 This proposal states a policy regarding public library services and defines public library services and location. The uniform May election date is applied to the election of library district trustees and authorizes trustees to create trustee zones within established districts. Board of trustee powers and duties are specified for operational policy, personnel and fiscal management. The proposal allows for a district to enter into joint powers of agreement to cooperate with other library jurisdictions or non- profit. 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 S 1478