2004 Legislation
Print Friendly

HOUSE BILL NO. 660 – Library dist, levy

HOUSE BILL NO. 660

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0660...............................................by REVENUE AND TAXATION
LIBRARY DISTRICTS - Amends existing law to provide that the dollar amount
of property taxes for a newly consolidated library district's budget shall
not exceed one-tenth percent of the market value for assessment purposes;
to increase the allowable levy for the maintenance and operation portion of
the budget to a maximum of one-tenth percent of market value for assessment
purposes; to place a limit on initial indebtedness not to exceed one-tenth
percent on each dollar of market value for assessment purposes; and to
provide that a school-community library district may levy an annual tax not
to exceed one-tenth percent of market value for assessment purposes.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 660
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC LIBRARY DISTRICTS; AMENDING SECTION 33-2710, IDAHO CODE, TO
  3        PROVIDE THAT THE DOLLAR AMOUNT OF PROPERTY TAXES FOR A NEWLY  CONSOLIDATED
  4        DISTRICT'S  BUDGET  SHALL NOT EXCEED ONE-TENTH PERCENT OF THE MARKET VALUE
  5        FOR ASSESSMENT PURPOSES; AMENDING SECTION 33-2724, IDAHO CODE, TO INCREASE
  6        THE ALLOWABLE LEVY FOR THE MAINTENANCE AND OPERATION PORTION OF THE BUDGET
  7        TO A MAXIMUM OF ONE-TENTH PERCENT OF MARKET VALUE FOR ASSESSMENT  PURPOSES
  8        AND  TO PLACE A LIMIT ON INITIAL INDEBTEDNESS NOT TO EXCEED ONE-TENTH PER-
  9        CENT ON EACH DOLLAR OF MARKET VALUE FOR ASSESSMENT PURPOSES; AND  AMENDING
 10        SECTION  33-2739,  IDAHO  CODE, TO PROVIDE THAT A SCHOOL-COMMUNITY LIBRARY
 11        DISTRICT MAY LEVY AN ANNUAL TAX NOT TO EXCEED ONE-TENTH PERCENT OF  MARKET
 12        VALUE FOR ASSESSMENT PURPOSES AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 33-2710, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        33-2710.  DETERMINATION OF THE PROPERTY PORTION OF THE BUDGET FOR CONSOLI-
 17    DATED LIBRARIES -- DISTRICT AND DISTRICT -- DISTRICT AND CITY.  (1)  When  two
 18    (2) district libraries have agreed to consolidate, the property tax portion of
 19    the new consolidated district's first budget will be determined in the follow-
 20    ing manner.
 21        The  property  tax portion of each district's most recent annual certified
 22    budget will be added together. The resulting figure  will  be  considered  the
 23    dollar  amount  of property taxes on which to base the first annual budget for
 24    the new consolidated district. The provisions of section 63-802,  Idaho  Code,
 25    shall be applied to this dollar amount.
 26        (2)  When  a  tax  supported  city library has voted to consolidate with a
 27    district library, the property tax portion of the new consolidated  district's
 28    first annual budget will be determined in the following manner.
 29        The  city  library budget figure will be defined as the budget for library
 30    services, whether from the general fund and/or the library fund, in the city's
 31    annual certified budget in effect on the date  the  election  was  held,  less
 32    fines,  fees, and any other identifiable revenues from nontax sources, and any
 33    grants made directly to the city library board. The city library budget figure
 34    will be added to the property tax portion of  the  public  library  district's
 35    annual  certified  budget  in  effect  on  the date the election was held. The
 36    resulting figure will be considered the dollar amount  of  property  taxes  on
 37    which  to  base the first annual budget for the new consolidated district. The
 38    provisions of section 63-802, Idaho Code, shall  be  applied  to  this  dollar
 39    amount.
 40        If the city has established a dedicated library fund in effect on the date
 41    the  election  was held, those dollars will be removed from the city budget in
 42    the fiscal year in which the newly consolidated district  begins  to  levy  to
 43    provide library services.
                                                                        
                                           2
                                                                        
  1        (3)  In any consolidation, the dollar amount of property taxes for the new
  2    consolidated  district's budget shall not exceed six hundredths one-tenth per-
  3    cent (.106%) of the market value for assessment purposes of all taxable  prop-
  4    erty within the  district.
  5        (4)  In  any  consolidation,  the  existing bonded debt of any district or
  6    districts shall not become the obligation of the proposed consolidated library
  7    district. The debt shall remain an obligation of the property  which  incurred
  8    the indebtedness.
                                                                        
  9        SECTION  2.  That  Section 33-2724, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-2724.  TAXES FOR THE SUPPORT OF LIBRARY DISTRICT  --  TAX  ANTICIPATION
 12    LOANS  --  CARRY OVER AUTHORITY -- CAPITAL ASSETS REPLACEMENT AND REPAIR FUND.
 13    (1) Any tax levied for library district purposes shall  be  a  lien  upon  the
 14    property  against  which the tax is levied. The board of trustees shall deter-
 15    mine and levy a tax upon each dollar of assessed valuation of property  within
 16    the  district  for the ensuing fiscal year as shall be required to satisfy all
 17    maturing bond, bond interest, and judgment obligations.  For  the  maintenance
 18    and  operation  of  the  library district, the board of trustees may also levy
 19    upon the taxable property within the district a tax not  to  exceed  six  hun-
 20    dredths  one-tenth  percent  (.106%)  of market value for assessment purposes.
 21    These levies shall be certified to the board of county commissioners  of  each
 22    county in which the district may lie, not later than the second Monday in Sep-
 23    tember of each year.
 24        (2)  In  the  first year after establishment, the board of a district may,
 25    for the purpose of organization and to finance general preliminary expenses of
 26    the district and before making a tax levy, incur an indebtedness not exceeding
 27    in the aggregate a sum equal to six hundredths one-tenth  percent  (.106%)  on
 28    each one dollar ($1.00) of market value for assessment purposes of all taxable
 29    property within the district. To repay the organization indebtedness incurred,
 30    the  board  shall  have authority to levy and collect an additional tax not to
 31    exceed two hundredths percent (.02%) per annum on each one dollar  ($1.00)  of
 32    market  value  for assessment purposes of all taxable property within the dis-
 33    trict. This additional levy shall not be  used  for  any  purpose  other  than
 34    repayment  of the organizational indebtedness and interest thereon. This addi-
 35    tional levy may be imposed for three (3) years.
 36        (3)  Library districts may accumulate fund balances at the end of a fiscal
 37    year and carry over these fund balances into the ensuing fiscal  year,  suffi-
 38    cient  to  achieve  or maintain library district operations on a cash basis. A
 39    fund balance is the excess of the assets of a fund over  its  liabilities  and
 40    reserves.
 41        (4)  The  board  of trustees of a library district may establish a capital
 42    assets replacement and repair fund within  the  library  district  budget  for
 43    which district moneys may be budgeted and carried over from year to year. Dis-
 44    bursements  from  the fund may be made as the board may determine to maintain,
 45    repair, or replace the capital assets of the district to remodel or repair any
 46    existing library building; to furnish and equip any existing library building;
 47    and to purchase or replace major appliances and vehicles necessary to maintain
 48    and operate the services of the  district.  Moneys  from  the  capital  assets
 49    replacement  and  repair  fund  may not be used for the purchase of land or to
 50    build new library facilities or to build additions to current library  facili-
 51    ties.  Moneys  in  the  fund may be invested in the manner provided in section
 52    57-127, Idaho Code. In any year in which there is a capital assets replacement
 53    and repair fund in a library district, the amount held in the  fund  shall  be
                                                                        
                                           3
                                                                        
  1    reported  in  the library district's budget hearing announcement, along with a
  2    list of capital items which may eventually be replaced or repaired with moneys
  3    from the fund. The fund shall be included in the annual report filed with  the
  4    state library board and in the audit required in section 33-2726, Idaho Code.
                                                                        
  5        SECTION  3.  That  Section 33-2739, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        33-2739.  SCHOOL-COMMUNITY LIBRARY  DISTRICTS  --  BOARD  OF  TRUSTEES  --
  8    POWERS  AND  DUTIES  --  FISCAL YEAR. (1) The board of trustees of the school-
  9    community library district shall perform the duties required of, and have  the
 10    power  and  authority  granted  to  library district trustees pursuant to this
 11    chapter, including the authority to levy upon  the  taxable  property  in  the
 12    school-community  library  district an annual tax not to exceed six hundredths
 13    per cent one-tenth percent (.106%) of market value for assessment purposes for
 14    establishing and maintaining public  library  services.  The  school-community
 15    library  district  board  shall have exclusive control of the school-community
 16    library district fund and shall cause to be made a full and complete audit  of
 17    the  books  and  accounts  of the district as provided for in section 33-2726,
 18    Idaho Code.
 19        (2)  To bring the fiscal year of school-community library  districts  into
 20    conformity  with  the  fiscal  year of library districts, fiscal year 1994 for
 21    school-community library districts shall be defined as beginning  on  July  1,
 22    1993,  and ending on September 30, 1994. To fund school-community library dis-
 23    trict operations from July 1, 1993, through September 30, 1994:
 24        (a)  The four (4) existing school-community library districts  are  autho-
 25        rized to budget for the fifteen (15) month period;
 26        (b)  The  county  commissioners of the relevant counties are authorized to
 27        set the levy for the fifteen (15) month period for the four  (4)  existing
 28        school-community library districts;
 29        (c)  The  state  tax  commission is authorized to approve the levy for the
 30        fifteen (15) month period  for  the  four  (4)  existing  school-community
 31        library districts;
 32        (d)  The  relevant  counties are authorized to collect ad valorem property
 33        taxes for the fifteen (15) month period for the relevant existing  school-
 34        community library districts within each county's boundaries;
 35        (e)  For  the  fifteen  (15) month period only, the maximum allowable levy
 36        for school-community library districts shall be seven  and  one-half  hun-
 37        dredths percent (.075%) of market value for assessment purposes.
 38    This  subsection  (2)  shall be void and of no further force and effect on and
 39    after September 30, 1994.
 40        (3)  On and after fiscal year  1995,  school-community  library  districts
 41    shall have a fiscal year of October 1 through September 30.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE
                                 
                         RS 13917
                                                                                                     
              
This proposal would amend Section 33-2724 Idaho Code,
allowing library districts to align their levy rates with
Idaho's city library levy rate authority. City libraries now
are allowed to levy up to .10 percent, or one dollar per one
thousand dollars of appraised value. Library districts are
allowed to levy no more than six one hundredths (.06%)
percent or sixty cents per one thousand dollars. This
increase in levy authorization will facilitate library
districts in meeting the same maintenance and operating
expenses, demands and costs comparable to city libraries.
This amendment would allow library districts to take the
allowable annual increase in budget as needed up to the new
maximum but still within the 3% growth cap limit. A
permanent override would still require a 2/3rd vote as
required in Section 63-802 Idaho Code.     
                            
                        FISCAL NOTE
                                                                                                     
              
There would be no impact upon state general fund revenues.
Any fiscal effect would be local and vary with each city and
district. State statute presently requires merging districts
and cities to average assessment rates and apply the
averaged rate. 
          
          
CONTACT
NAME:     John Watts
AGENCY:   Idaho Library Association
PHONE:    385-7070
          
STATEMENT OF PURPOSE                                 H 660