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H0684..........................................................by EDUCATION
IDAHO COMMISSION FOR LIBRARIES - Amends existing law to replace the Idaho
State Library with the Idaho Commission for Libraries; to provide for the
appointment of the Idaho Commission for Libraries Board; and to provide for
the employment of a qualified state librarian.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Educ
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Boe, Crow, Sali, Sayler
Floor Sponsor - Cannon
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Educ
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw
Floor Sponsor - Andreason
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/30 Governor signed
Session Law Chapter 235
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 684
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO COMMISSION FOR LIBRARIES; AMENDING THE HEADING FOR CHAP-
3 TER 25, TITLE 33, IDAHO CODE; AMENDING SECTION 33-2501, IDAHO CODE, TO
4 STATE A PURPOSE AND TO ESTABLISH A COMMISSION FOR LIBRARIES; AMENDING SEC-
5 TION 33-2502, IDAHO CODE, TO PROVIDE FOR THE BOARD OF LIBRARY COMMISSION-
6 ERS; AMENDING SECTION 33-2503, IDAHO CODE, TO ASSIGN POWERS TO THE BOARD
7 AND TO PROVIDE CORRECT TERMINOLOGY; REPEALING SECTION 33-2504, IDAHO CODE;
8 AMENDING CHAPTER 25, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
9 TION 33-2504, IDAHO CODE, TO PROVIDE FOR THE EMPLOYMENT OF AND POWERS OF A
10 QUALIFIED STATE LIBRARIAN; AMENDING SECTIONS 33-2505, 33-2506, 33-2611 AND
11 33-2612, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTIONS
12 33-2613, 33-2614, 33-2616 AND 33-2617, IDAHO CODE, TO PROVIDE CORRECT TER-
13 MINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2618,
14 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 33-2619,
15 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORREC-
16 TION; AMENDING SECTIONS 33-2702, 33-2703, 33-2705 AND 33-2706, IDAHO CODE,
17 TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 33-2707, IDAHO CODE, TO
18 PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING
19 SECTIONS 33-2708, 33-2709 AND 33-2711, IDAHO CODE, TO PROVIDE CORRECT TER-
20 MINOLOGY; AMENDING SECTIONS 33-2716 AND 33-2717, IDAHO CODE, TO PROVIDE
21 CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS
22 33-2718, 33-2724, 33-2726, 33-4803 AND 63-3029A, IDAHO CODE, TO PROVIDE
23 CORRECT TERMINOLOGY; AND AMENDING SECTION 67-5205, IDAHO CODE, TO PROVIDE
24 CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION.
25 Be It Enacted by the Legislature of the State of Idaho:
26 SECTION 1. That the Heading for Chapter 25, Title 33, Idaho Code, be, and
27 the same is hereby amended to read as follows:
28 CHAPTER 25
29 STATE LIBRARY COMMISSION FOR LIBRARIES
30 SECTION 2. That Section 33-2501, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 33-2501. STATE LIBRARY COMMISSION FOR LIBRARIES ESTABLISHED. The state of
33 Idaho recognizes that libraries are uniquely suited to making the benefits of
34 information and information technologies available to the citizens of the
35 state of Idaho. Therefore, the Idaho state library commission for libraries is
36 hereby established for the purpose of assisting libraries to build the capac-
37 ity to better serve their clientele.
38 SECTION 3. That Section 33-2502, Idaho Code, be, and the same is hereby
39 amended to read as follows:
2
1 33-2502. STATE LIBRARY BOARD OF LIBRARY COMMISSIONERS -- MEMBERSHIP --
2 OFFICERS -- MEETINGS -- COMPENSATION. The state library Idaho commission for
3 libraries shall be governed by the state library board of library commission-
4 ers. The state library board of library commissioners shall be maintained
5 within the office of the state board of education and shall consist of the
6 state superintendent of public instruction or the superintendent's designee,
7 as ex officio member, and five (5) members commissioners appointed by the
8 state board of education. On the first Monday of July, 1998, tThe state board
9 of education shall annually appoint one (1) member commissioner for a term of
10 three (3) years, one (1) member for a term of four (4) years, and one (1) mem-
11 ber for a term of five (5) years. Thereafter, the state board of education
12 shall annually, on the first Monday of July, appoint one (1) member to the
13 state library board to serve for a term of five (5) years. The state library
14 board of library commissioners shall annually elect a chairman, vice chairman,
15 secretary and other officers as it deems reasonably necessary. The state
16 library board of library commissioners shall meet at least twice each year.
17 Members Commissioners shall be compensated as provided by section 59-509(n),
18 Idaho Code.
19 SECTION 4. That Section 33-2503, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 33-2503. STATE LIBRARY BOARD OF LIBRARY COMMISSIONERS -- POWERS AND
22 DUTIES. The state library board of library commissioners is designated as the
23 policymaking body for the Idaho state library commission for libraries. The
24 state library board of library commissioners shall have the following powers
25 and duties:
26 (1) To foster and promote library service in the state of Idaho.
27 (2) To promulgate all rules and make policies and rules governing the use
28 of the state library and its materials as necessary for the proper conduct of
29 its business.
30 (3) To employ a qualified librarian to serve as the chief executive offi-
31 cer of the state library. The librarian shall be a graduate of an accredited
32 library school.
33 (4) To receive donations of money, books, materials and other real and
34 personal property, for the benefit of the Idaho state library commission for
35 libraries. Title to donations in any form shall vest in the state of Idaho.
36 Donations shall be held and controlled by the state library board of library
37 commissioners.
38 (54) To promote and facilitate the establishment, use, and cooperation of
39 libraries throughout the state so all Idahoans have access to the resources of
40 those libraries.
41 (6) To provide services to state government employees and the public as
42 the Idaho state government information center.
43 (75) To support or deliver statewide library programs and services.
44 (86) To accept, receive, administer and expend, in accordance with the
45 terms thereof, any moneys, materials or other aid granted, appropriated, or
46 made available to Idaho by the United States, or any of its agencies, or by
47 any other public or private source, for library purposes. The board of
48 library commissioners is authorized to file any accounts required with refer-
49 ence to receiving and administering all such moneys, materials and other aid.
50 (97) To assist in the establishment of financing of a statewide program
51 of cooperative library services, which may be in cooperation with any taxing
52 unit, or public or private agency.
53 (108) To contract with other libraries or agencies, within or without the
3
1 state of Idaho, to render library services to people of the state of Idaho.
2 The state library board of library commissioners shall have authority to rea-
3 sonably compensate other library units or agencies for the cost of the ser-
4 vices provided by the other library unit or agency under any such contract.
5 Such contracts and compensation shall be exempt from the provisions of chapter
6 57, title 67, Idaho Code.
7 (11) The board shall have authority to promulgate all rules necessary for
8 the proper conduct of its business.
9 SECTION 5. That Section 33-2504, Idaho Code, be, and the same is hereby
10 repealed.
11 SECTION 6. That Chapter 25, Title 33, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 33-2504, Idaho Code, and to read as follows:
14 33-2504. STATE LIBRARIAN APPOINTED BY BOARD OF LIBRARY COMMISSIONERS --
15 QUALIFICATIONS -- POWERS. The board of library commissioners shall employ a
16 qualified state librarian to serve as its chief executive officer. The state
17 librarian shall be a graduate of an accredited library school.
18 The state librarian shall, subject to the provisions of chapter 53, title
19 67, Idaho Code, employ and fix the compensation of all other employees of the
20 commission who shall be directly responsible to the state librarian.
21 SECTION 7. That Section 33-2505, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-2505. STATE LIBRARIAN -- DEPOSITORY FOR PUBLIC DOCUMENTS -- DISTRIBU-
24 TION. It shall be the duty of the head of every agency, board, bureau, commis-
25 sion or department of the state of Idaho, including all state supported insti-
26 tutions of higher education in Idaho, to deposit with the librarian of the
27 Idaho state library commission for libraries twenty (20) copies of all docu-
28 ments, reports, surveys, monographs, serial publications, compilations, pam-
29 phlets, bulletins, leaflets, circulars, maps, charts or broadsides of a public
30 nature which it produces for public distribution. The deposit of information
31 with the state librarian is intended to allow the information to be used and
32 distributed to academic, regional, public, and special libraries in Idaho, the
33 Library of Congress, and to others within the discretion of the state librar-
34 ian.
35 SECTION 8. That Section 33-2506, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 33-2506. LIBRARY SERVICES IMPROVEMENT FUND -- ESTABLISHED. (1) Policy.
38 The state of Idaho recognizes its responsibility to provide library services
39 to people in all areas of the state. The state acknowledges that the ability
40 of each Idahoan to access information has a critical impact on the state's
41 economic development, educational success, provision for an informed elector-
42 ate, and overall quality of life. Realizing that libraries of all types and in
43 all parts of the state must be able to interact and cooperate in order to
44 respond to these informational needs, the state of Idaho hereby creates and
45 establishes in the state treasury the library services improvement fund.
46 (2) Purpose. The purpose of the library services improvement fund is to
47 further the development of library services for all the people of Idaho.
48 Moneys in the library services improvement fund are appropriated to and may be
4
1 expended by the state library board of library commissioners at any time for
2 the purposes provided in this section.
3 (3) Appropriations and revenues. The library services improvement fund
4 shall have paid into it such appropriations as may be provided or other moneys
5 and donations described in section 33-2503, Idaho Code.
6 (4) Payments.
7 (a) All payments from the library services improvement fund shall be paid
8 out in warrants drawn by the state controller upon presentation of proper
9 vouchers from the state library commission for libraries. Pending payments
10 out of the library services improvement fund, the moneys in the fund shall
11 be invested by the state treasurer in the same manner as provided under
12 section 67-1210, Idaho Code, with respect to idle moneys in the state
13 treasury. Interest earned on the investments shall be returned to the
14 library services improvement fund.
15 (b) No library entity is automatically entitled to receive any payments
16 from the library services improvement fund. The state library board of
17 library commissioners shall establish the criteria upon which actual need
18 is to be determined in accordance with the purposes set forth in this sec-
19 tion.
20 (c) Payments from the library services improvement fund may be used only
21 for the purposes approved by the state library board of library commis-
22 sioners. Funding decisions shall be solely within the discretion of the
23 state library board of library commissioners.
24 SECTION 9. That Section 33-2611, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 33-2611. REPORTS OF TRUSTEES. The board of trustees shall annually, not
27 later than the first day of January, file with the state library board of
28 library commissioners a report of the operations of the library for the fiscal
29 year just ended. The report shall be of such form and contain such information
30 as the state library board of library commissioners may require, but in all
31 cases must include a complete accounting of all financial transactions for the
32 fiscal year being reported. The board shall also report to the city council
33 and mayor as required in section 50-210, Idaho Code.
34 SECTION 10. That Section 33-2612, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 33-2612. REGIONAL LIBRARY SYSTEMS -- PURPOSE -- BOUNDARIES. It is the
37 purpose of this act to provide a method by which the library boards which gov-
38 ern Idaho's libraries, now or hereafter established in accordance with the
39 Idaho Code, may contract to form regional library systems, in order to provide
40 improved library and information services for residents of a multi-county
41 region. The boundaries for library regions in Idaho shall be established by
42 the Idaho state library board of library commissioners.
43 SECTION 11. That Section 33-2613, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 33-2613. DEFINITIONS. As used in this act, unless the context otherwise
46 requires:
47 (a1) "Library board" means the five (5) citizens appointed, or elected,
48 to govern a public library, a school community library, or a library district,
49 in accordance with chapters 26 and 27, title 33, Idaho Code.
5
1 (b2) "Participating board" or "participating library" means a board or
2 library or district which is cooperating and participating in a regional
3 library system.
4 (c3) "Region" means that geographic area, with boundaries established by
5 the state library board of library commissioners, wherein library units are
6 encouraged to work together.
7 (d4) "Regional system" means two (2) or more library boards formally con-
8 tracting a system approved by the state library board of library
9 commissioners, officially designated as a regional library system under this
10 act, and therein working together in specific efforts to extend and improve
11 library services to their resident constituents.
12 (e5) "System board" means the governing board comprised of representa-
13 tives of library boards in a regional system, and which is authorized to
14 direct and plan library service for a regional system to the extent and in the
15 manner provided by this act.
16 SECTION 12. That Section 33-2614, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 33-2614. PETITION FOR ESTABLISHMENT. Any two (2) or more library boards
19 may petition the state library board of library commissioners for the estab-
20 lishment of a regional system. Such petition shall be prepared in cooperation
21 with the state librarian, on forms provided by the state library commission
22 for libraries, and shall include but shall not be limited to the following
23 information:
24 (a1) A statement of purpose and an outline of the proposed program of the
25 regional system.
26 (b2) A list of the participating libraries, with a listing of the current
27 tax levy and budget of each such participant; the names and addresses of the
28 members of each library board, and a letter or resolution from each such board
29 regarding participation in the regional system.
30 (c3) A list of the counties in the geographic region as a whole, the num-
31 ber of persons who are within taxing districts supporting existing libraries,
32 and the number of persons outside such districts but within a county in the
33 region, and thus potentially eligible for service from the regional system
34 being established.
35 (d4) Proposed number of persons to be on the initial system board of
36 directors.
37 (e5) Proposed headquarters for the regional system, accompanied by a copy
38 of a resolution by the governing authority for that library approving its des-
39 ignation as headquarters and, if a member of the staff of the headquarters is
40 to be the administrator of the system, including approval of such designation.
41 The state library board of library commissioners shall consider any peti-
42 tion presented to it as provided in this act, and if it approves such petition
43 it shall adopt a resolution officially designating such particular regional
44 library system, describing the territory thereof, and designating the head-
45 quarters and the initial number of directors for the system board.
46 SECTION 13. That Section 33-2616, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 33-2616. POWERS AND DUTIES OF THE SYSTEM BOARD. The system board shall
49 serve as a liaison agency between the participating libraries and their gov-
50 erning bodies and library boards. The system board shall make such bylaws,
51 rules and regulations as may be necessary for its own government and that of
6
1 the regional system, none of which shall deprive any participating library
2 board of any of its powers or property.
3 The system board shall have the following powers and responsibilities, all
4 of which relate to the functioning of the regional system and the management
5 and control of its funds and property;
6 (a1) To develop a long-range plan of service for the regional system, and
7 annually to submit to the state library board of library commissioners any
8 changes in said long-range plan, and a detailed plan of proposed system devel-
9 opment and service for the following year.
10 (b2) To provide improved library service for residents of the regional
11 system, in cooperation with participating libraries, and to this end to pur-
12 chase books and other library materials, supplies and equipment, for the sys-
13 tem services, and to employ such personnel as the system board finds neces-
14 sary.
15 (c3) To set the administrator's hours and rate of compensation for
16 regional system duties, and to delegate such administrative powers as the
17 board deems in the best interest of the system.
18 (d4) To enter into contracts to receive service from or to give service
19 to other libraries, or agencies, within the state or interstate, and to file
20 copies of such contracts with the state library board of library
21 commissioners.
22 (e5) To be a public corporation, as is provided for library districts,
23 and to contract in the name of the "Board of directors of the .... regional
24 library system, Idaho" and in that name to sue and be sued and to take any
25 action authorized by law.
26 (f6) To acquire by purchase, lease, or otherwise, and to own and hold
27 real and personal property and to construct buildings for the use of the
28 regional system, and to sell, exchange or otherwise dispose of property real
29 or personal when no longer required by the system, and to insure the real and
30 personal property of the system.
31 (g7) To have control of the expenditure of all funds of the regional sys-
32 tem, to accept by gift or donation any funds and real or personal property
33 under such terms as may be a condition of the gift.
34 (h8) To exercise such other powers, not inconsistent with law, necessary
35 for the effective use and management of the regional system.
36 SECTION 14. That Section 33-2617, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 33-2617. FINANCE OF REGIONAL SYSTEMS -- BUDGETS -- PARTICIPATING AND NON-
39 PARTICIPATING UNITS. Each regional system may be financed by any combination
40 of available funds, federal, state, local, public and/or private. Counties,
41 cities and library districts are hereby authorized and empowered to join in
42 the creation, development, operation and maintenance of regional systems, and
43 to appropriate and allocate funds for the support of such systems. All funds
44 collected or contributed for the support of each regional system shall be con-
45 trolled and administered under the direction of the system board, following
46 procedures outlined in the library district statutes, and as directed by the
47 state library board of library commissioners.
48 (a1) Participating Units. Participating boards shall continue to control
49 the funds appropriated or contributed for the support of the participating
50 libraries, but may expend all or any part thereof for library services to be
51 furnished by the regional system. Each participating board shall prepare its
52 own annual budget as required by the Idaho Code, and said budget may include
53 anticipated revenues or expenditures for regional system services. Tax levies
7
1 made pursuant to each such budget shall be certified as provided by law.
2 (b2) System Budget. Each system board shall prepare a preliminary budget
3 for the system for the coming year, and shall by the last day of April forward
4 said budget to the boards of participating libraries. This budget shall be
5 published, and a hearing held thereon before the last day of May.
6 (c3) Non-Participating Nonparticipating Areas. The system board shall
7 also prepare a list of those areas within each county of the library region
8 wherein public libraries, library districts, school-community libraries, or
9 association libraries are not maintained as authorized in the Idaho Code. Such
10 lists shall be forwarded to the state library board of library commissioners
11 and to the board of county commissioners of each affected county. The system
12 board shall include in its preliminary budget an estimate of the kinds of ser-
13 vices which the system could provide to those areas without established
14 libraries, and the cost of such services, and shall forward this to the appro-
15 priate boards of county commissioners.
16 SECTION 15. That Section 33-2618, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 33-2618. ADDITION TO OR WITHDRAWAL FROM A REGIONAL SYSTEM. (1) After the
19 establishment of a regional system as provided in this act, the board of any
20 library which is not a part of the system, and which is within the boundaries
21 of a library region as established by the Idaho state library board of library
22 commissioners, may petition the state library board of library commissioners
23 for addition to the regional system.
24 Petitions for addition shall be prepared and processed as provided in this
25 act for initial petitions, except that prior approval in writing shall be
26 obtained by the petitioning board from the regional system board, and shall be
27 attached to the petition when it is submitted to the state library board of
28 library commissioners.
29 (2) After the establishment of a regional system as provided in this act,
30 a participating library board may petition the state library board of library
31 commissioners for withdrawal from the system. A petition for withdrawal must
32 be received by the state library board of library commissioners at least sixty
33 (60) days before the end of the fiscal year of the system.
34 All assets of a participating library remain the property of that library,
35 and if a unit withdraws from a system the disposal of the joint assets of the
36 system shall be determined by the state library board of library
37 commissioners, who shall give consideration to such items as the amount of
38 funds raised from each unit of the system, and the ability of the units to
39 make further use of such property or equipment for library purposes.
40 SECTION 16. That Section 33-2619, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 33-2619. ADMINISTRATION OF ACT BY STATE LIBRARY BOARD OF LIBRARY COMMIS-
43 SIONERS. The Idaho state library board of library commissioners shall adminis-
44 ter the provisions of this act, and shall adopt such rules and regulations as
45 are necessary for approval of regional system petitions, review and amendment
46 of regional system plans and contracts, and such other matters as the state
47 library board of library commissioners may deem advisable.
48 SECTION 17. That Section 33-2702, Idaho Code, be, and the same is hereby
49 amended to read as follows:
8
1 33-2702. DEFINITIONS. As used in this chapter:
2 (1) "Administrative only district" is a library district that does not
3 serve the public directly and has no direct service outlets or collections,
4 but which contracts with other library entities to provide various public
5 library services.
6 (2) "City library" means a library established by a city ordinance and
7 operating under the provisions of chapter 26, title 33, Idaho Code.
8 (3) "Home county" means the county where the designated district head-
9 quarters is located when a public library district's boundaries include terri-
10 tory located in more than one (1) county.
11 (4) "Library director" or "library director team" means an employee or
12 group of employees of a public library district charged with the administra-
13 tion and management of library services for that district.
14 (5) "Public library district trustee" means a qualified elector living
15 within the boundaries of a public library district who is elected or appointed
16 temporarily to fulfill the duties described in this chapter related to the
17 governance of a public library district.
18 (6) "Public library service" means the provision of planned collections
19 of materials and information services provided by a library established under
20 the provisions of chapter 26 or 27, title 33, Idaho Code, and paid for primar-
21 ily through tax support provided under these statutes. These services shall be
22 provided at a facility, accessible to the public at regularly scheduled hours
23 and set aside for this purpose. The services shall be governed by a citizen
24 board appointed or elected for this purpose and shall be administered and
25 operated by paid staff who have received appropriate training in library
26 skills and management. The services shall meet standards established by the
27 state library board of library commissioners.
28 (7) "Qualified elector" means any person voting, or offering to vote, at
29 an election to create a library district, add territory thereto, or elect
30 trustees thereof. A qualified elector must be, at the time of the election, a
31 resident of the area involved for thirty (30) days prior to the date of the
32 election, registered and an elector within the meaning of section 2, article
33 VI, of the Constitution of the state of Idaho.
34 SECTION 18. That Section 33-2703, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 33-2703. LIBRARY DISTRICTS -- TERRITORY -- ESTABLISHMENT -- LIMITATIONS.
37 A library district may be established by vote of the qualified electors of the
38 proposed district in an election called and held as provided by this chapter,
39 with the following limitations:
40 (1) The district may include incorporated or unincorporated territory or
41 both in one (1) or more counties and may include any of the area thereof
42 except as may be excluded by this section, and as finally fixed and determined
43 by the board of county commissioners.
44 (2) The territory of the district shall be continuous, and no territory
45 of an incorporated municipality shall be divided.
46 (3) In the initial establishment of a library district the following may
47 be excluded:
48 (a) A municipality which is already providing library service as estab-
49 lished according to section 33-2603, Idaho Code; or
50 (b) A library district which is already providing library service as
51 established in accordance with the provisions of this chapter.
52 (4) If, subsequent to the establishment of a library district, any area
53 thereof is annexed to a municipality which maintains a tax-supported library,
9
1 this area shall cease to be a part of the library district and the city coun-
2 cil of the municipality shall so notify the board of county commissioners.
3 (5) Any proposed library district shall have a population of more than
4 one thousand five hundred (1,500) and an annual budget of not less than
5 twenty-five thousand dollars ($25,000) from ad valorem revenues. Any proposed
6 library district not meeting the above criteria may apply to the state library
7 board of library commissioners for an exemption.
8 SECTION 19. That Section 33-2705, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 33-2705. CONDUCT OF ELECTION. Upon the county commissioners having made
11 the order referred to in subsection (5) of section 33-2704, Idaho Code, the
12 clerk of the board of county commissioners shall cause to be published a
13 notice of an election to be held for the purpose of determining whether or not
14 the proposed library district shall be established under the provisions of
15 this chapter. The date of this election shall be the next uniform election
16 date as provided for in section 34-106, Idaho Code. Whenever more than one (1)
17 petition is presented to the county commissioners calling for an election to
18 create library districts, the first presented shall take precedence. Notice of
19 the election shall be given, the election shall be conducted, and the returns
20 thereof canvassed as provided for in chapter 14, title 34, Idaho Code, and
21 under the general election laws of the state of Idaho. The ballot shall con-
22 tain the words "(Name) Library District--Yes" and "(Name) Library District--
23 No," each followed by a box wherein the voter may express his choice by mark-
24 ing a cross "X." The board or boards of election shall make returns and cer-
25 tify the results to the boards of county commissioners within three (3) days
26 after the election, and the board of county commissioners shall, within seven
27 (7) days after the election, canvass the returns. If a majority of all votes
28 cast be in the affirmative, the board of county commissioners shall, within
29 seven (7) days after the returns have been canvassed, enter an order declaring
30 the library district established, designating its name and boundaries includ-
31 ing a map prepared in a draftsmanlike manner. The board of county commission-
32 ers shall transmit a copy of the order to the county recorder, county asses-
33 sor, and the state tax commission in a timely manner, but no later than Decem-
34 ber 15, in the calendar year in which the election was held. A copy of the
35 order shall also be transmitted to the state library board of library commis-
36 sioners.
37 SECTION 20. That Section 33-2706, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 33-2706. ESTABLISHMENT OF LIBRARY DISTRICT EMBRACING MORE THAN ONE
40 COUNTY. When the proposed library district embraces more than one (1) county,
41 the petition and procedure for praying for the establishment of the district
42 shall be carried forward in each county as though that county were the only
43 county affected. Each petition shall designate the same home county for the
44 proposed district.
45 The board of county commissioners of the home county shall advise with the
46 board of county commissioners in any other county affected to the end that the
47 election shall be held in each county on the same day. The board of county
48 commissioners in each county shall proceed in the conduct of the election as
49 though the election were being held only in that county as set forth in sec-
50 tion 33-2705, Idaho Code. After the canvass of the returns, the results in
51 each other county shall be certified to the board of county commissioners of
10
1 the home county, together with all ballots and tally sheets. The board of
2 county commissioners of the home county shall canvass all returns and certify
3 the results of the election to the board of county commissioners of any other
4 county affected. The proposal shall be deemed approved only if a majority of
5 all votes cast in each county were cast in the affirmative. If this is the
6 case, the board of county commissioners of the home county shall enter an
7 order declaring the library district to be created, designating its name and
8 boundaries, including a map prepared in a draftsmanlike manner. A certified
9 copy of the order shall be transmitted by the board of county commissioners to
10 the county recorder, the county assessor and the state tax commission in a
11 timely manner, but no later than December 15, in the calendar year in which
12 the election was held. A copy of this order shall also be transmitted to the
13 board(s) of county commissioners of any other county affected, which shall
14 enter the order in its minutes. A copy of this order shall also be transmitted
15 to the state library board of library commissioners.
16 SECTION 21. That Section 33-2707, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 33-2707. ADDITION OF TERRITORY NOT HAVING A TAX SUPPORTED LIBRARY TO A
19 LIBRARY DISTRICT -- PETITIONS AND SIGNATURES -- ELECTION. (1) Any area which
20 does not have a tax supported library and which is contiguous to an existing
21 library district may become a part of the district by petition and election.
22 (2) A petition may arise as set forth in section 33-2704, Idaho Code, in
23 the area seeking to become a part of the library district. A true copy of the
24 petition shall be transmitted to the board of trustees of the district, and to
25 the board of county commissioners in each county affected. The board of
26 trustees of the library district may approve or disapprove the petition, and
27 shall give notice of its decision to the board of county commissioners in each
28 county affected.
29 (3) When the notice carries the approval of the board of trustees of the
30 district, the board of county commissioners in the county in which the peti-
31 tion arose shall enter its order calling for an election on the question. The
32 election shall be held in the area described in the petition. Notice of the
33 election shall be given, the election shall be conducted on the next uniform
34 election date as provided in section 34-106, Idaho Code, and the returns
35 thereof canvassed as provided in section 33-2705, Idaho Code. The ballot shall
36 bear the question: "Shall .... become a part of the .... (Name) Library Dis-
37 trict .... Yes" and "Shall .... become a part of the .... (Name) Library Dis-
38 trict .... No," each followed by a box in which the voter may express his
39 choice by marking a cross "X.". The proposal shall be deemed approved only if
40 the majority of the votes cast in the area seeking to become a part thereof is
41 in the affirmative.
42 (4) If the proposal has been approved by the majority herein required,
43 the board of county commissioners of the home county of the district shall
44 enter its order amending the boundaries of the district, including a map pre-
45 pared in a draftsmanlike manner. A copy of this order shall be transmitted to
46 the board of trustees of the library district, to each board of county commis-
47 sioners of the county in which the district lies, and to the state library
48 board of library commissioners.
49 (5) The board of trustees of the library shall transmit a certified copy
50 of this order to the county recorder, the county assessor of the home county
51 and to the state tax commission in a timely manner, but no later than December
52 15, in the calendar year in which the election was held.
53 (6) Addition of new territory to an existing library district shall not
11
1 be considered an initial establishment. The existing board of trustees shall
2 continue to serve for the terms for which elected. When a vacancy occurs
3 appointment shall be made as provided in section 33-2716, Idaho Code.
4 SECTION 22. That Section 33-2708, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 33-2708. ADDITION OF TERRITORY NOT HAVING A TAX SUPPORTED LIBRARY TO A
7 LIBRARY DISTRICT -- ALTERNATE METHOD. (1) An alternate method of adding terri-
8 tory to a library district may be initiated by a petition or petitions as set
9 forth in section 33-2704, Idaho Code, except that the petitions must be signed
10 by sixty percent (60%) of the qualified electors in the area to be annexed.
11 (2) A true copy of the petitions shall be transmitted to the board of
12 trustees of the library district and to the board of county commissioners in
13 each county affected. The board of trustees may approve or disapprove the
14 petition, and shall give notice of its decision to the board of county commis-
15 sioners in each county affected.
16 (3) When the notice carries the approval of the board of trustees of the
17 district, the board of county commissioners of the county in which the peti-
18 tion arose shall proceed with the required hearing and resolution as outlined
19 in section 33-2704, Idaho Code.
20 (4) When the proposal has the approval of the board of county commission-
21 ers, the board of trustees of the district and the board of county commission-
22 ers shall follow these procedures:
23 (a) If the proposal has been approved by the majority herein required,
24 the board of county commissioners of the home county of the district shall
25 enter its order amending the boundaries of the district, including a map
26 drawn in a draftsmanlike manner, and transmit a copy of the order to the
27 board of county commissioners in the county in which the petition arose. A
28 copy of this order shall also be sent to the state library board of
29 library commissioners.
30 (b) The board of trustees of the library district shall transmit a copy
31 of the order to the county recorder, the county assessor of the home
32 county, and the state tax commission in a timely manner, but no later than
33 December 15, in the calendar year in which the order was granted.
34 (c) Addition of new territory to an existing library district shall not
35 be considered an initial establishment. The existing board of trustees
36 shall continue to serve for the terms for which elected. When a vacancy
37 occurs, appointment shall be made as provided in section 33-2716, Idaho
38 Code.
39 SECTION 23. That Section 33-2709, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-2709. EXISTING TAX-SUPPORTED CITY LIBRARIES MAY JOIN LIBRARY DIS-
42 TRICTS. Any tax-supported city library may join an established library dis-
43 trict by majority vote of the qualified electors of the city according to pro-
44 cedure set forth in section 33-2707, Idaho Code. A true copy of the petition
45 and the district library board's notice of approval or disapproval shall be
46 sent to the city council. When the notice carries the approval of the district
47 library board, the city council shall conduct the election and give notice of
48 the results to the library district board and the board of county commission-
49 ers.
50 If the proposal has been approved by the majority required, the board of
51 county commissioners of the home county of the district shall enter its order
12
1 amending the boundaries of the district, including a map drawn in a
2 draftsmanlike manner, and a copy shall be transmitted to the board of trustees
3 of the library district, to the board of county commissioners of the county in
4 which the petition arose, and to the state library board of library commis-
5 sioners.
6 The board of trustees of the library district shall transmit a copy of the
7 order to the county recorder, the county assessor of the home county and the
8 state tax commission in a timely manner, but no later than December 15, in the
9 year in which the election was held.
10 Addition of new territory to an existing library district shall not be
11 considered an initial establishment. The existing district board of trustees
12 shall continue to serve for the terms for which elected. When a vacancy
13 occurs, appointment shall be made as provided in section 33-2716, Idaho Code.
14 SECTION 24. That Section 33-2711, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 33-2711. CONSOLIDATION OF LIBRARY DISTRICTS. When there are two (2) or
17 more library districts, which have at least one (1) common boundary, the
18 boards of trustees of the library districts, meeting together, may determine
19 that it is in the best interest of library service that the districts be con-
20 solidated, as herein provided.
21 The boards of trustees shall jointly prepare a petition describing the
22 boundaries of the existing library districts, the names of the existing
23 library districts, and praying for the reorganization of the territory therein
24 described as one (1) or more library districts to be known as the ".... (Name)
25 Library District" and with boundaries as set forth in the petition.
26 The petition shall be signed by the chairpersons of the library boards
27 upon majority approval of the respective boards involved in the consolidation.
28 The petition shall be forwarded to the clerk of the board of county com-
29 missioners in all counties affected, who shall verify the signatures, and
30 shall file the petition. Thereupon, the board of county commissioners in all
31 counties affected shall proceed with the hearing and resolution as outlined in
32 section 33-2704, Idaho Code. Upon completion of the hearing, the board of
33 county commissioners shall issue an order granting the petition.
34 In the order granting the petition of consolidation, the board of county
35 commissioners in all counties affected shall certify the new boundaries and
36 the name of the district.
37 A copy of the order shall be transmitted to the board of trustees of the
38 library districts involved, and to the state library board of library commis-
39 sioners.
40 Other notices required by law shall be filed by the board of trustees of
41 the district, including a legal description and map of altered boundaries pre-
42 pared in a draftsmanlike manner to be filed with the board(s) of county com-
43 missioners, the county recorder, the county assessor of the home county, the
44 state library board of library commissioners, and the state tax commission in
45 a timely manner, but no later than December 15, of the year in which consoli-
46 dation takes place.
47 The board of county commissioners of the home county of the consolidated
48 public library district shall within ten (10) days take action to reaffirm
49 members of the board of trustees, or to appoint members of the board, who
50 shall be chosen from the members of the boards initiating the consolidation.
51 These trustees shall serve until the next annual election of trustees or until
52 their successors are elected and qualified as in section 33-2715, Idaho Code.
53 The board of trustees shall take the oath of office as outlined in section
13
1 33-2715, Idaho Code.
2 SECTION 25. That Section 33-2716, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 33-2716. BOARD OF TRUSTEES -- NOMINATION AND ELECTION -- RECALL -- VACAN-
5 CIES. (1) The procedure for nomination and election of trustees of a library
6 district shall be as provided for in chapter 14, title 34, Idaho Code, and in
7 the general election laws of Idaho. If any two (2) or more candidates for the
8 same trustee position have an equal number of votes, the board of trustees
9 shall determine the winner by a toss of a coin.
10 (2) Notwithstanding the limitations of chapter 17, title 34, Idaho Code,
11 each library district trustee shall be subject to recall following procedures
12 as closely as possible to the procedures described for the recall of county
13 commissioners pursuant to chapter 17, title 34, Idaho Code.
14 Individuals signing a petition to recall a library trustee or voting in an
15 election to recall a library trustee shall meet the requirements of section
16 33-2702, Idaho Code.
17 If, pursuant to section 33-2717, Idaho Code, no election was held for the
18 trustee being recalled:
19 (a) The number of district electors required to sign the petition seeking
20 a recall election must be not less than fifty (50), or twenty per cent
21 percent (20%) of the number of votes cast in the last trustee election
22 held in the library district, whichever is the greater.
23 (b) To recall any trustee, a majority of the votes cast at the recall
24 election must be in favor of the recall, and additionally, the number of
25 votes cast in the recall election must equal or exceed the number of votes
26 cast in the last trustee election held in the library district.
27 (3) A vacancy shall be declared by the board of trustees when any nominee
28 has been elected but has failed to qualify for office, or within thirty (30)
29 days of when any trustees shall (a) die; (b) resign from office; (c) no longer
30 reside in his respective trustee zone of residence; (d) no longer be a resi-
31 dent or qualified elector of the public library district; (e) refuse to serve
32 as trustee; (f) without excuse acceptable to the board of trustees, fail to
33 attend two (2) consecutive regular meetings of the board; or (g) be recalled
34 and discharged from office as provided in this chapter.
35 A declaration of vacancy shall be made at any regular or special meeting
36 of the board of trustees, at which any of the above-mentioned conditions is
37 determined to exist.
38 The board of trustees shall appoint to fill the vacancy, a person quali-
39 fied to serve as trustee of the public library district, provided there
40 remains in membership on the board of trustees a majority of the membership
41 thereof, and the board shall notify the state library board of library commis-
42 sioners of the appointment. This appointment shall be made within sixty (60)
43 days of the declaration of vacancy. In the event that the board of trustees
44 fails to exercise their authority, appointments shall be made by the board of
45 county commissioners of the home county in which the district is located
46 within thirty (30) days after the expiration of the sixty (60) days allowed
47 for trustees for this action.
48 Any person appointed as provided in this chapter shall serve until the
49 next annual election of public library district trustees following the
50 appointment. At the annual election a trustee shall be elected to complete the
51 unexpired term of the office which was declared vacant filled by appointment.
52 The elected trustee shall assume office at the first annual meeting of the
53 public library district following the election.
14
1 SECTION 26. That Section 33-2717, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-2717. BOARD OF TRUSTEES -- ONE NOMINATION -- NO ELECTION. In any elec-
4 tion for the office of trustee it is not necessary to conduct an election if:
5 (1) aAfter the expiration of the date for filing written nominations only
6 one (1) candidate has been nominated for each position to be filled; and,
7 there has been no declaration of intent to be a write-in candidate filed as
8 provided in section 33-2717A, Idaho Code; or
9 (2) iIf no candidate has filed a written nomination and only one (1) can-
10 didate for each position to be filled has filed a declaration of intent to be
11 a write-in candidate as provided in section 33-2717A, Idaho Code. If either of
12 these conditions are present, the board of trustees shall no later than seven
13 (7) days before the scheduled date of the election declare the candidate
14 elected as trustee, and the clerk of the library board shall immediately make
15 and deliver to this person a certificate of election. The clerk of the library
16 board shall also notify the clerk of the county commissioners of the home
17 county and the state library commission for libraries. The procedure set forth
18 in this section shall not apply to any other library district election.
19 SECTION 27. That Section 33-2718, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 33-2718. CREATION OF TRUSTEE ZONES. Each library district may be divided
22 into five (5) trustee zones with each zone having approximately the same popu-
23 lation. To the maximum extent possible, boundaries of trustees zones shall
24 follow the existing boundaries of the electoral precincts of the county. They
25 shall be revised, as necessary, to equalize population and to follow new elec-
26 toral precinct boundaries following the publication of the report of each
27 decennial census. In order for a library district to be divided into trustee
28 zones, the board of trustees shall pass a motion declaring the district to be
29 divided into trustee zones and providing a legal description of each trustee
30 zone. The board of trustees shall transmit the motion along with the legal
31 description of the trustee zones to the board or boards of county commission-
32 ers in the county or counties where the library district is contained and to
33 the state library board of library commissioners. The board or boards of
34 county commissioners shall have forty-five (45) days from the receipt of the
35 motion and legal description to reject, by adoption of a motion, the estab-
36 lishment of trustee zones proposed by formal motion of the board of trustees
37 of the library district. If the board or boards of county commissioners do not
38 reject the establishment of the trustee zones within the time limit specified,
39 they shall be deemed to be in full force and effect. If a library district is
40 contained in more than one (1) county, a motion of rejection adopted by one
41 (1) board of county commissioners shall be sufficient to keep the trustee zone
42 plan from going into effect. A board of county commissioners shall notify the
43 library board of trustees in writing if a proposal is rejected.
44 If a proposal for the establishment of trustee zones is rejected by a
45 board of county commissioners, the boundaries of the trustee zones, if any,
46 shall return to the dimensions they were before the rejection. Trustee zones
47 may be redefined and changed, but not more than once every two (2) years after
48 a new set of trustee zones are formally established and in full force and
49 effect.
50 At the next regular meeting of the board of trustees of the library dis-
51 trict following the creation of trustee zones, the public library district
52 board shall appoint from its membership or from other qualified electors resi-
15
1 dent in each trustee zone, a person from that zone to serve as a trustee until
2 the next regularly scheduled trustee election from that zone. The initial
3 election of trustees for the trustee zones shall be for terms of one (1), two
4 (2), three (3), four (4) and five (5) years respectively, with each zone being
5 assigned an initial term length by a random drawing of the numbers one (1)
6 through five (5). Thereafter, a trustee from each zone shall be elected once
7 every five (5) years on a rotating basis with one (1) zone voting each year.
8 Only residents of the zone electing a trustee may vote. The elector must be a
9 resident of the same trustee zone as the candidate or candidates for library
10 district trustee for whom the elector offers to vote for at least thirty (30)
11 days preceding the election in which the elector desires to vote.
12 SECTION 28. That Section 33-2724, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-2724. TAXES FOR THE SUPPORT OF LIBRARY DISTRICT -- TAX ANTICIPATION
15 LOANS -- CARRY OVER AUTHORITY -- CAPITAL ASSETS REPLACEMENT AND REPAIR FUND.
16 (1) Any tax levied for library district purposes shall be a lien upon the
17 property against which the tax is levied. The board of trustees shall deter-
18 mine and levy a tax upon each dollar of assessed valuation of property within
19 the district for the ensuing fiscal year as shall be required to satisfy all
20 maturing bond, bond interest, and judgment obligations. For the maintenance
21 and operation of the library district, the board of trustees may also levy
22 upon the taxable property within the district a tax not to exceed six hun-
23 dredths percent (.06%) of market value for assessment purposes. These levies
24 shall be certified to the board of county commissioners of each county in
25 which the district may lie, not later than the second Monday in September of
26 each year.
27 (2) In the first year after establishment, the board of a district may,
28 for the purpose of organization and to finance general preliminary expenses of
29 the district and before making a tax levy, incur an indebtedness not exceeding
30 in the aggregate a sum equal to six hundredths percent (.06%) on each one dol-
31 lar ($1.00) of market value for assessment purposes of all taxable property
32 within the district. To repay the organization indebtedness incurred, the
33 board shall have authority to levy and collect an additional tax not to exceed
34 two hundredths percent (.02%) per annum on each one dollar ($1.00) of market
35 value for assessment purposes of all taxable property within the district.
36 This additional levy shall not be used for any purpose other than repayment of
37 the organizational indebtedness and interest thereon. This additional levy may
38 be imposed for three (3) years.
39 (3) Library districts may accumulate fund balances at the end of a fiscal
40 year and carry over these fund balances into the ensuing fiscal year, suffi-
41 cient to achieve or maintain library district operations on a cash basis. A
42 fund balance is the excess of the assets of a fund over its liabilities and
43 reserves.
44 (4) The board of trustees of a library district may establish a capital
45 assets replacement and repair fund within the library district budget for
46 which district moneys may be budgeted and carried over from year to year. Dis-
47 bursements from the fund may be made as the board may determine to maintain,
48 repair, or replace the capital assets of the district to remodel or repair any
49 existing library building; to furnish and equip any existing library building;
50 and to purchase or replace major appliances and vehicles necessary to maintain
51 and operate the services of the district. Moneys from the capital assets
52 replacement and repair fund may not be used for the purchase of land or to
53 build new library facilities or to build additions to current library facili-
16
1 ties. Moneys in the fund may be invested in the manner provided in section
2 57-127, Idaho Code. In any year in which there is a capital assets replacement
3 and repair fund in a library district, the amount held in the fund shall be
4 reported in the library district's budget hearing announcement, along with a
5 list of capital items which may eventually be replaced or repaired with moneys
6 from the fund. The fund shall be included in the annual report filed with the
7 state library board of library commissioners and in the audit required in sec-
8 tion 33-2726, Idaho Code.
9 SECTION 29. That Section 33-2726, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-2726. FISCAL YEAR -- ANNUAL REPORTS -- AUDIT. The fiscal year of each
12 library district shall commence on the first day of October of each year. The
13 board of trustees of each library district shall annually, not later than the
14 first day of January, file with the state library board of library commission-
15 ers a report of the operations of the district for the fiscal year just ended.
16 The report shall be on the form and contain the information that the state
17 library board of library commissioners requires, but in all cases must include
18 a complete accounting of all financial transactions for the fiscal year being
19 reported.
20 The board of trustees of each library district shall cause to be made a
21 full and complete audit of the books and accounts of the district as required
22 in section 67-450B, Idaho Code.
23 SECTION 30. That Section 33-4803, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 33-4803. DEFINITIONS. As used in this chapter:
26 (1) "Educational segments" are, individually, the public elementary and
27 secondary school system, the Idaho school for the deaf and blind, the
28 professional-technical education system, the state library commission for
29 libraries, the state historical society, Idaho public television, the commu-
30 nity colleges, the four-year colleges and universities, the state department
31 of education and the office of the state board of education.
32 (2) "Libraries" means district, city, school/community libraries, and the
33 state library commission for libraries as described in chapters 25, 26 and 27,
34 title 33, Idaho Code.
35 (3) "Technology" means all present and future forms of computer hardware,
36 computer software and services used or required for automated data processing,
37 computer-related office automation or telecommunications.
38 (4) "Telecommunications" means all present and future forms of hardware,
39 software or services used or required for transmitting voice, data, video or
40 images over a distance.
41 SECTION 31. That Section 63-3029A, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 63-3029A. INCOME TAX CREDIT FOR CHARITABLE CONTRIBUTIONS -- LIMITATION.
44 At the election of the taxpayer, there shall be allowed, subject to the appli-
45 cable limitations provided herein, as a credit against the income tax imposed
46 by chapter 30, title 63, Idaho Code, an amount equal to fifty percent (50%) of
47 the aggregate amount of charitable contributions made by such taxpayer during
48 the year to a nonprofit corporation, fund, foundation, trust, or association
49 organized and operated exclusively for the benefit of institutions of higher
17
1 learning located within the state of Idaho, including a university related
2 research park, to nonprofit private or public institutions of elementary, sec-
3 ondary, or higher education or their foundations located within the state of
4 Idaho, to Idaho education public broadcast system foundations within the state
5 of Idaho, to the Idaho state historical society or its foundation, to the
6 Idaho state library, commission for libraries and to public libraries or their
7 foundations and library districts or their foundations located within the
8 state of Idaho, and to nonprofit public or private museums or their founda-
9 tions located within the state of Idaho.
10 (1) In the case of a taxpayer other than a corporation, the amount allow-
11 able as a credit under this section for any taxable year shall not exceed
12 twenty percent (20%) of such taxpayer's total income tax liability imposed by
13 section 63-3024, Idaho Code, for the year, or one hundred dollars ($100),
14 whichever is less.
15 (2) In the case of a corporation, the amount allowable as a credit under
16 this section for any taxable year shall not exceed ten percent (10%) of such
17 corporation's total income or franchise tax liability imposed by sections
18 63-3025 and 63-3025A, Idaho Code, for the year, or one thousand dollars
19 ($1,000), whichever is less.
20 For the purposes of this section, "institution of higher learning" means
21 only an educational institution located within this state meeting all of the
22 following requirements:
23 (a) It maintains a regular faculty and curriculum and has a regularly
24 enrolled body of students in attendance at the place where its educational
25 activities are carried on.
26 (b) It regularly offers education above the twelfth grade.
27 (c) It is accredited by the northwest association of schools and col-
28 leges, or by the state board of education.
29 For the purposes of this section, a nonprofit institution of secondary or
30 higher education means a private nonprofit secondary or higher educational
31 institution located within the state of Idaho, which is accredited by the
32 northwest association of schools and colleges, or by the state board of educa-
33 tion. A nonprofit private institution of elementary education means a private
34 nonprofit elementary educational institution located within the state of Idaho
35 and approved by the state board of education.
36 SECTION 32. That Section 67-5205, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 67-5205. FORMAT -- COSTS -- DISTRIBUTION -- FUNDS. (1) The administrative
39 code and the permanent supplements thereto shall be published in such a manner
40 that every agency has an opportunity to procure at reasonable cost from the
41 coordinator, individual printed pamphlet copies of the rules and statements of
42 policy of such agency published by authority of this chapter. No administra-
43 tive rule or statement of policy published in the administrative code or the
44 permanent supplements shall be reset or otherwise reprinted at public expense
45 upon a format distinct from that of the administrative code without a certifi-
46 cation by the coordinator that such special format is necessary for the effec-
47 tive performance by the agency of its functions.
48 (2) The prices to be charged for individual copies of and subscriptions
49 to the administrative code, the permanent supplements thereto and the bulle-
50 tin, for reprints and bound volumes thereof and for pamphlet rules and state-
51 ments of policy, which prices may be fixed without reference to the restric-
52 tions placed upon and fixed for the sale of other publications of the state,
53 and the number of copies which shall be distributed free for official use, in
18
1 addition to those free copies required to be as provided in this section,
2 shall be set by rules promulgated by the coordinator. The coordinator may set
3 prices without reference to the restrictions placed upon the sale of other
4 publications of the state. Free copies shall be distributed by the coordina-
5 tor, as follows:
6 (a) One (1) to each county clerk for the use of the county law library.
7 (b) One (1) each to the senate and the house of representatives.
8 (c) One (1) to the attorney general.
9 (d) One (1) to the legislative services office.
10 (e) One (1) each to the state universities and colleges, and one (1) to
11 each community college.
12 (f) One (1) to the state law library.
13 (g) One (1) to the state library commission for libraries.
14 (h) One (1) each to the following state depository libraries: Boise Pub-
15 lic Library, East Bonner County Library, Idaho Falls Public Library, Lew-
16 iston City Library, Pocatello Library, Albertson College Library, Ricks
17 College Brigham Young University-Idaho Library and Twin Falls Public
18 Library.
19 In addition to those free copies required to be distributed by this section,
20 the coordinator shall provide to the legislature free copies of all rules sub-
21 ject to review by the legislature pursuant to section 67-5291, Idaho Code, and
22 may distribute other free copies for official use.
23 (3) Without limiting the generality of the provisions of subsection (2)
24 of this section, the rules of the coordinator may provide for volume discounts
25 to be available to established law book publishers who agree to incorporate
26 fully administrative rules, the permanent supplements thereto and the bulletin
27 into their general scheme of promotion and distribution, and may provide for
28 the free reciprocal exchange of publications between this state and other
29 states and foreign jurisdictions. The provisions of this section include the
30 authority to exchange, display, access and publish texts through electronic
31 media.
32 (4) There is hereby created in the state treasury the administrative code
33 fund. All moneys received from the production of rules, the sale of the admin-
34 istrative code, the permanent supplements thereto, or the bulletin, and for
35 providing electronic access, shall be deposited in the fund. All agencies
36 which have any material published in the bulletin, administrative code or sup-
37 plements thereto, or newspapers, are hereby authorized and directed to pay out
38 of their appropriations to the coordinator their respective shares of the
39 costs of publication and distribution of such material. All moneys placed in
40 the fund may be appropriated to the coordinator for the administration of the
41 provisions of this chapter, and for the publication and distribution of the
42 bulletin, administrative code or supplements thereto, as authorized in this
43 chapter.
44 The coordinator shall charge an annual fee to each participating agency
45 for each page published in the administrative code not to exceed fifty-six
46 dollars ($56.00) per page. In addition, the coordinator shall charge a fee to
47 each participating agency for each page published in the bulletin not to
48 exceed sixty-one dollars ($61.00) per page. A fee per page may be charged even
49 though less than a full page of publication is required, and each participat-
50 ing agency shall promptly pay into the administrative code fund such charge.
STATEMENT OF PURPOSE
RS 15402C1
The primary purpose of this bill is to change the name of
the agency from the Idaho State Library to the Idaho Commission
for Libraries to better reflect its mission, which is to "assist
libraries to build the capacity to better serve their clientele."
Section 33-2501 is amended to change the name of the agency
and to provide a purpose statement. Amendments to 33-2502
include changing the name of the governing body to reflect the
name change; removing the Superintendent of Public Instruction or
designee as an ex-officio member of the governing board; and
removing obsolete language. Amendments to 33-2503 include
removing obsolete powers, and in the case of appointment of the
executive officer, shifting that power to a new section of the
code. Section 33-2503A is a new section related to the
appointment and powers of the agency's executive officer and
gives that officer the power to employ other staff to carry out
the functions of the agency. Section 33-2504 is repealed in its
entirety because it does not reflect current fiscal practice.
The remaining sections of the bill are amendments related to the
change in name of the agency and its governing body.
FISCAL NOTE
All fiscal impact of this bill is related to the change in
name of the agency. It is estimated that $4,500 from the General
Fund will be used to change signage on the building, to modify
the agency's logo, to issue new identification badges, name tags,
business cards, property stamps, and related expenditures. Any
expense related to changes in the agency's web site, e-mail
systems, and other electronic sources will be absorbed in
regularly scheduled revisions, updates and maintenance.
There is no fiscal impact for any other part of this bill.
CONTACT
Name: Ann Joslin
Agency: Library, Idaho State
Phone: 334-2150
STATEMENT OF PURPOSE/FISCAL NOTE H 684