2002 Legislation
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SENATE BILL NO. 1478 – Library dist, mngmt options

SENATE BILL NO. 1478

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 this act chapter to make
 29    more adequate provision for an informed electorate by integrating,  extending,
 30    and  adding  integrate,  extend  and  add  to  existing  library  services and
 31    resources so that public library service may be is available  to  children  in
 32    their  formative  years and to adults for their continuing education all 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" means the an employee
  7    or group of employees of a public library district who  is  charged  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 and present providing 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  commissioners
 22    shall  have  forty-five  (45)  days  from  the receipt of the motion and legal
 23    description to reject, by adoption of a motion, the establishment  of  trustee
 24    zones  proposed  by formal motion of the board of trustees of the library dis-
 25    trict. If the board or boards of county commissioners do not reject the estab-
 26    lishment of the trustee zones within the time limit specified, they  shall  be
 27    deemed  to  be in full force and effect. If a library district is contained in
 28    more than one (1) county, a motion of rejection adopted by one  (1)  board  of
 29    county  commissioners  shall  be sufficient to keep the trustee zone plan from
 30    going into effect. A board of county commissioners shall  notify  the  library
 31    board of trustees in writing if a proposal is rejected.
 32        If  a  proposal  for  the  establishment of trustee zones is rejected by a
 33    board of county commissioners, the boundaries of the trustee  zones,  if  any,
 34    shall  return  to the dimensions they were before the rejection. Trustee zones
 35    may be redefined and changed, but not more than once every two (2) years after
 36    a new set of trustee zones are formally established  and  in  full  force  and
 37    effect.
 38        At  the  next regular meeting of the board of trustees of the library dis-
 39    trict following the approval of a trustee zone proposal  by  the  board(s)  of
 40    county  commissioners  creation  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-
 44    ters  relating to library district trustee zones shall be as provided in chap-
 45    ters 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  duty
 24    of  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:
 27        1.(a)  To establish bylaws for its own government;
 28        2.(b)  To  establish policies for the government administration, 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;
 36        3.(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;
 39        4.(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;
 44        5.(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  the
 46        gift;
 47        6.(i)  To  establish policies for the purchase and distribute distribution
 48        of library materials;
 49        7.(j)  To issue warrants, if used,  in the manner specified for the  issu-
 50        ance of warrants by school districts;
 51        8.(k)  To  invest  any funds of the district in accordance with the public
                                                                        
                                           5
                                                                        
  1        depository law and other applicable state and federal laws;
  2        9.(l)  To pay actual and necessary expenses  of  members  of  the  library
  3        staff when on business of the district;
  4        10.(m) To see to the proper conduct of library district elections;
  5        (n)  To maintain legal records of all board business;
  6        11.(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.  LIBRARIAN LIBRARY DIRECTOR -- DIRECTOR TEAM  --  EMPLOYEES.  (1)
 15    Except  for  an  administrative  only district, tThe board of trustees of each
 16    library district shall appoint the a library director, or  director  team  who
 17    shall  serve  as  administrator  of  administer  the library district. and The
 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,  the
 26    board  shall employ other persons as may be necessary in the administration of
 27    the affairs of the library district No 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 board may shall fix and pay their employee salaries and compensa-
 31    tion, classify employees, and adopt schedules of salaries personnel  policies,
 32    and  discipline  or discharge any librarian or other employee library 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  the ad valorem property 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 or
  3    agency shall file an annual report with the board of trustees of  the  library
  4    district  showing  in detail the manner in which the funds of the library dis-
  5    trict 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 which agrees
 11    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    contract  for a term of three (3) years, which contract shall be automatically
 14    renewed at the end of this three (3) year period unless either  party  thereto
 15    gives notice not less than six (6) months before the termination of any exist-
 16    ing  contract,  of  intention  not to renew the contract that 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved 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 be is"  and
 25    insert: "may be".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 this act chapter to make
 29    more adequate provision for an informed electorate by integrating,  extending,
 30    and  adding  integrate,  extend  and  add  to  existing  library  services and
 31    resources so that public library service may be available to children in their
 32    formative years and to adults for their continuing education all 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" means the an employee
  7    or group of employees of a public library district who  is  charged  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 and present providing 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 the approval of a trustee zone proposal  by  the  board(s)  of
 39    county  commissioners  creation  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-
 43    ters  relating to library district trustee zones shall be as provided in chap-
 44    ters 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  duty
 23    of  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:
 26        1.(a)  To establish bylaws for its own government;
 27        2.(b)  To  establish policies for the government administration, 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;
 35        3.(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;
 38        4.(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;
 43        5.(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  the
 45        gift;
 46        6.(i)  To  establish policies for the purchase and distribute distribution
 47        of library materials;
 48        7.(j)  To issue warrants, if used,  in the manner specified for the  issu-
 49        ance of warrants by school districts;
 50        8.(k)  To  invest  any funds of the district in accordance with the public
 51        depository law and other applicable state and federal laws;
                                                                        
                                           5
                                                                        
  1        9.(l)  To pay actual and necessary expenses  of  members  of  the  library
  2        staff when on business of the district;
  3        10.(m) To see to the proper conduct of library district elections;
  4        (n)  To maintain legal records of all board business;
  5        11.(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.  LIBRARIAN LIBRARY DIRECTOR -- DIRECTOR TEAM  --  EMPLOYEES.  (1)
 14    Except  for  an  administrative  only district, tThe board of trustees of each
 15    library district shall appoint the a library director, or  director  team  who
 16    shall  serve  as  administrator  of  administer  the library district. and The
 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,  the
 25    board  shall employ other persons as may be necessary in the administration of
 26    the affairs of the library district No 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 board may shall fix and pay their employee salaries and compensa-
 30    tion, classify employees, and adopt schedules of salaries personnel  policies,
 31    and  discipline  or discharge any librarian or other employee library 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  the ad valorem property 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 or
  2    agency shall file an annual report with the board of trustees of  the  library
  3    district  showing  in detail the manner in which the funds of the library dis-
  4    trict 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 which agrees
 10    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    contract  for a term of three (3) years, which contract shall be automatically
 13    renewed at the end of this three (3) year period unless either  party  thereto
 14    gives notice not less than six (6) months before the termination of any exist-
 15    ing  contract,  of  intention  not to renew the contract that 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 / Fiscal Impact


                    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