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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 - 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.
|||| 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".
|||| 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
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