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H0141..................................................by REVENUE AND TAXATION
LIBRARY DISTRICTS - Amends existing law to specify the procedure for inclusion
in a library district when territory is annexed to a city within a library
district; and to authorize existing city libraries to join a library district
whether contiguous or noncontiguous.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 141
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO THE TERRITORY OF A LIBRARY DISTRICT; AMENDING SECTION 33-2703,
3 IDAHO CODE, TO SPECIFY PROCEDURE WHEN TERRITORY IS ANNEXED TO A CITY
4 WITHIN A LIBRARY DISTRICT; AND AMENDING SECTION 33-2709, IDAHO CODE, TO
5 AUTHORIZE EXISTING CITY LIBRARIES TO JOIN A LIBRARY DISTRICT WHETHER CON-
6 TIGUOUS OR NONCONTIGUOUS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 33-2703, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 33-2703. LIBRARY DISTRICTS -- TERRITORY -- ESTABLISHMENT -- LIMITATIONS.
11 A library district may be established by vote of the qualified electors of the
12 proposed district in an election called and held as provided by this chapter,
13 with the following limitations:
14 (1) The district may include incorporated or unincorporated territory or
15 both in one (1) or more counties and may include any of the area thereof
16 except as may be excluded by this section, and as finally fixed and determined
17 by the board of county commissioners.
18 (2) The territory of the district shall be continuous, and no territory
19 of an incorporated municipality shall be divided. If, subsequent to the estab-
20 lishment of the library district, a municipality within the district adds ter-
21 ritory, all the territory added to the municipality shall also become part of
22 the library district. The board of trustees of any library district for which
23 the boundaries are changed shall file notices required by law, including a
24 legal description and map of altered boundaries prepared in a draftsmanlike
25 manner with the county commissioners, the county recorder and the county
26 assessor of all counties affected, the state library board, and the state tax
27 commission in a timely manner, but no later than December 15 of the year in
28 which the alterations take place.
29 (3) In the initial establishment of a library district the following may
30 be excluded:
31 (a) A municipality which is already providing library service as estab-
32 lished according to section 33-2603, Idaho Code; or
33 (b) A library district which is already providing library service as
34 established in accordance with the provisions of this chapter.
35 (4) If, subsequent to the establishment of a library district, any area
36 thereof is annexed to a municipality which maintains a tax-supported library,
37 this area shall cease to be a part of the library district and the city coun-
38 cil of the municipality shall so notify the board of county commissioners.
39 (5) Any proposed library district shall have a population of more than
40 one thousand five hundred (1,500) and an annual budget of not less than
41 twenty-five thousand dollars ($25,000) from ad valorem revenues. Any proposed
42 library district not meeting the above criteria may apply to the state library
43 board for an exemption.
2
1 SECTION 2. That Section 33-2709, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-2709. EXISTING TAX-SUPPORTED CITY LIBRARIES MAY JOIN LIBRARY DIS-
4 TRICTS. Any tax-supported city library, whether contiguous or noncontiguous to
5 the library district, may join an established library district by majority
6 vote of the qualified electors of the city according to procedure set forth in
7 subsections (2) and (3) of section 33-2707, Idaho Code. A true copy of the
8 petition and the district library board's notice of approval or disapproval
9 shall be sent to the city council. When the notice carries the approval of the
10 district library board, the city council shall conduct the election and give
11 notice of the results to the library district board and the board of county
12 commissioners.
13 If the proposal has been approved by the majority required, the board of
14 county commissioners of the home county of the district shall enter its order
15 amending the boundaries of the district, including a map drawn in a
16 draftsmanlike manner, and a copy shall be transmitted to the board of trustees
17 of the library district, to the board of county commissioners of the county in
18 which the petition arose, and to the state library board.
19 The board of trustees of the library district shall transmit a copy of the
20 order to the county recorder, the county assessor of the home county and the
21 state tax commission in a timely manner, but no later than December 15, in the
22 year in which the election was held.
23 Addition of new territory to an existing library district shall not be
24 considered an initial establishment. The existing district board of trustees
25 shall continue to serve for the terms for which elected. When a vacancy
26 occurs, appointment shall be made as provided in section 33-2716, Idaho Code.
STATEMENT OF PURPOSE
RS 12739
The proposal allows a library district to add geographic
territory as a result of action taken by a city adding to its
territory if the city is presently part of an established library
district. Under current statute no territory of an incorporated
municipality can be divided simultaneously inside and outside of
a library district.
This proposal also allows established city libraries to
consolidate with established but non-contiguous library
districts. Under the current statute, library districts and city
libraries cannot consolidate unless they share a common boundary.
Non-contiguous consolidation would follow the current statutory
requirements for inclusion of new territory.
The fiscal effect would vary locally based upon the current
district rate being applied to any new city territory.
Assessments rate vary from district to district.
Contact
Name: John Watts, Idaho Library Association
Phone: 385-7070
STATEMENT OF PURPOSE/FISCAL NOTE H 141