2003 Legislation
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HOUSE BILL NO. 139 – Library dist, consolidated, reqmts

HOUSE BILL NO. 139

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Daily Data Tracking History



H0139..................................................by REVENUE AND TAXATION
LIBRARY DISTRICTS - Amends existing law to strike a requirement that territory
must be contiguous for the consolidation of library districts.
                                                                        
02/04    House intro - 1st rdg - to printing
02/05    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 139
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONSOLIDATION OF  LIBRARY  DISTRICTS;  AMENDING  SECTION  33-2711,
  3        IDAHO CODE, TO STRIKE A REQUIREMENT OF CONTIGUOUS TERRITORY.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 33-2711, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        33-2711.  CONSOLIDATION OF LIBRARY DISTRICTS. When there are  two  (2)  or
  8    more  library  districts,  which have at least one (1) common boundary whether
  9    contiguous or noncontiguous, the boards of trustees of the library  districts,
 10    meeting  together,  may  determine  that it is in the best interest of library
 11    service that the districts be consolidated, as herein provided.
 12        The boards of trustees shall jointly prepare  a  petition  describing  the
 13    boundaries  of  the  existing  library  districts,  the  names of the existing
 14    library districts, and praying for the reorganization of the territory therein
 15    described as one (1) or more library districts to be known as the ".... (Name)
 16    Library District" and with boundaries as set forth in the petition.
 17        The petition shall be signed by the chairpersons  of  the  library  boards
 18    upon majority approval of the respective boards involved in the consolidation.
 19        The  petition  shall be forwarded to the clerk of the board of county com-
 20    missioners in all counties affected, who  shall  verify  the  signatures,  and
 21    shall  file  the petition. Thereupon, the board of county commissioners in all
 22    counties affected shall proceed with the hearing and resolution as outlined in
 23    section 33-2704, Idaho Code. Upon completion of  the  hearing,  the  board  of
 24    county commissioners shall issue an order granting the petition.
 25        In  the  order granting the petition of consolidation, the board of county
 26    commissioners in all counties affected shall certify the  new  boundaries  and
 27    the name of the district.
 28        A  copy  of the order shall be transmitted to the board of trustees of the
 29    library districts involved, and to the state library board.
 30        Other notices required by law shall be filed by the board of  trustees  of
 31    the district, including a legal description and map of altered boundaries pre-
 32    pared  in  a draftsmanlike manner to be filed with the board(s) of county com-
 33    missioners, the county recorder, the county assessor of the home  county,  the
 34    state  library  board, and the state tax commission in a timely manner, but no
 35    later than December 15, of the year in which consolidation takes place.
 36        The board of county commissioners of the home county of  the  consolidated
 37    public  library  district  shall  within ten (10) days take action to reaffirm
 38    members of the board of trustees, or to appoint  members  of  the  board,  who
 39    shall  be  chosen from the members of the boards initiating the consolidation.
 40    These trustees shall serve until the next annual election of trustees or until
 41    their successors are elected and qualified as in section 33-2715, Idaho  Code.
 42    The  board  of  trustees  shall take the oath of office as outlined in section
 43    33-2715, Idaho Code.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                              RS12714
                                 
                                 
                                       This proposal would allow library districts to 
          
          consolidate if they do not share a common boundary.
          
          Consolidation procedures presently set out in statute for
          
          contiguous consolidation would be required including
          
          hearings and actions by all affected county commissions. 
          
          
          
          
                              FISCAL NOTE
                                 
                                 
                                       Fiscal effect would be local and vary from district to
          
          district. State statute presently requires merging
          
          districts to average assessment rates and apply that rate
          
          across the new consolidated district. 
                                    
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                       CONTACT
          NAME:     John Watts
          AGENCY:   Idaho Library Association
          PHONE:    385-7070
          
          
          
          STATEMENT OF PURPOSE/FISCAL NOTE                 H 139