Text: HF00636 Text: HF00638 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 637 1 2 1 3 AN ACT 1 4 RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPART- 1 5 MENT OF EDUCATION, AREA EDUCATION AGENCIES, AND THE 1 6 COMMISSION OF LIBRARIES, INCLUDING THE RENAMING OF THE 1 7 REGIONAL LIBRARY SYSTEM, THE APPOINTMENT OF TRUSTEES 1 8 FOR THE LIBRARY SERVICE AREA, AND DEVELOPMENT OF A 1 9 BIENNIAL UNIFIED PLAN OF SERVICE AND SERVICE DELIVERY 1 10 IN CONSULTATION WITH LIBRARY SERVICE AREAS AND AREA 1 11 EDUCATION AGENCY MEDIA CENTERS. 1 12 1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 14 1 15 Section 1. Section 8D.2, subsection 5, Code 2001, is 1 16 amended to read as follows: 1 17 5. "Public agency" means a state agency, an institution 1 18 under the control of the board of regents, the judicial branch 1 19 as provided in section 8D.13, subsection 17, a school 1 20 corporation, a city library, aregionallibrary service area 1 21 as provided in chapter 256, a county library as provided in 1 22 chapter 336, or a judicial district department of correctional 1 23 services established in section 905.2, to the extent provided 1 24 in section 8D.13, subsection 15, an agency of the federal 1 25 government, or a United States post office which receives a 1 26 federal grant for pilot and demonstration projects. 1 27 Sec. 2. Section 8D.9, subsection 1, Code 2001, is amended 1 28 to read as follows: 1 29 1. A private or public agency, other than a state agency, 1 30 local school district or nonpublic school, city library, 1 31regionallibrary service area, county library, judicial 1 32 branch, judicial district department of correctional services, 1 33 agency of the federal government, a hospital or physician 1 34 clinic, or a post office authorized to be offered access 1 35 pursuant to this chapter as of May 18, 1994, shall certify to 2 1 the commission no later than July 1, 1994, that the agency is 2 2 a part of or intends to become a part of the network. Upon 2 3 receiving such certification from an agency not a part of the 2 4 network on May 18, 1994, the commission shall provide for the 2 5 connection of such agency as soon as practical. An agency 2 6 which does not certify to the commission that the agency is a 2 7 part of or intends to become a part of the network as required 2 8 by this subsection shall be prohibited from using the network. 2 9 Sec. 3. Section 8D.11, subsection 4, Code 2001, is amended 2 10 to read as follows: 2 11 4. A political subdivision receiving communications 2 12 services from the state as of April 1, 1986, may continue to 2 13 do so but communications services shall not be provided or 2 14 resold to additional political subdivisions other than a 2 15 school corporation, a city library, aregionallibrary service 2 16 area as provided in chapter 256, and a county library as 2 17 provided in chapter 336. The rates charged to the political 2 18 subdivision shall be the same as the rates charged to state 2 19 agencies. 2 20 Sec. 4. Section 12C.1, subsection 1, Code 2001, is amended 2 21 to read as follows: 2 22 1. All funds held by the following officers or 2 23 institutions shall be deposited in one or more depositories 2 24 first approved by the appropriate governing body as indicated: 2 25 for the treasurer of state, by the executive council; for 2 26 judicial officers and court employees, by the supreme court; 2 27 for the county treasurer, recorder, auditor, and sheriff, by 2 28 the board of supervisors; for the city treasurer or other 2 29 designated financial officer of a city, by the city council; 2 30 for the county public hospital or merged area hospital, by the 2 31 board of hospital trustees; for a memorial hospital, by the 2 32 memorial hospital commission; for a school corporation, by the 2 33 board of school directors; for a city utility or combined 2 34 utility system established under chapter 388, by the utility 2 35 board; for aregionallibrary service area established under 3 1 chapter 256, by theregionallibrary service area board of 3 2librarytrustees; and for an electric power agency as defined 3 3 in section 28F.2, by the governing body of the electric power 3 4 agency. However, the treasurer of state and the treasurer of 3 5 each political subdivision or the designated financial officer 3 6 of a city shall invest all funds not needed for current 3 7 operating expenses in time certificates of deposit in approved 3 8 depositories pursuant to this chapter or in investments 3 9 permitted by section 12B.10. The list of public depositories 3 10 and the amounts severally deposited in the depositories are 3 11 matters of public record. This subsection does not limit the 3 12 definition of "public funds" contained in subsection 2. 3 13 Notwithstanding provisions of this section to the contrary, 3 14 public funds of a state government deferred compensation plan 3 15 established by the executive council may also be invested in 3 16 the investment products authorized under section 509A.12. 3 17 Sec. 5. Section 39.11, Code 2001, is amended to read as 3 18 follows: 3 19 39.11 MORE THAN ONE OFFICE PROHIBITED. 3 20 Statewide elected officials and members of the general 3 21 assembly shall not hold more than one elective office at a 3 22 time. All other elected officials shall not hold more than 3 23 one elective office at the same level of government at a time. 3 24 This section does not apply to the following offices: county 3 25 agricultural extension council,or soil and water conservation 3 26 district commission, or regional library board of trustees. 3 27 Sec. 6. Section 39.21, subsection 1, Code 2001, is amended 3 28 by striking the subsection. 3 29 Sec. 7. Section 43.67, subsection 8, Code 2001, is amended 3 30 to read as follows: 3 31 8. A statement that the candidate is aware of the 3 32 prohibition in section 49.41 against being a candidate for 3 33 more than one office to be filled at the same election, except 3 34 county agricultural extension council,and soil and water 3 35 conservation district commission, and regional library board4 1of trustees. 4 2 Sec. 8. Section 44.3, subsection 2, paragraph h, Code 4 3 2001, is amended to read as follows: 4 4 h. A statement that the candidate is aware of the 4 5 prohibition in section 49.41 against being a candidate for 4 6 more than one office to be filled at the same election, except 4 7 county agricultural extension council,and soil and water 4 8 conservation district commission, and regional library board4 9of trustees. 4 10 Sec. 9. Section 45.3, subsection 8, Code 2001, is amended 4 11 to read as follows: 4 12 8. A statement that the candidate is aware of the 4 13 prohibition in section 49.41 against being a candidate for 4 14 more than one office to be filled at the same election, except 4 15 county agricultural extension council,and soil and water 4 16 conservation district commission, and regional library board4 17of trustees. 4 18 Sec. 10. Section 49.41, unnumbered paragraph 6, Code 2001, 4 19 is amended to read as follows: 4 20 This section does not apply to thefollowing public4 21offices:county agricultural extension council,or the soil 4 22 and water conservation district commission, or regional4 23library board of trustees. 4 24 Sec. 11. Section 69.2, subsection 8, Code 2001, is amended 4 25 to read as follows: 4 26 8. The incumbent simultaneously holding more than one 4 27 elective office at the same level of government. This 4 28 subsection does not apply to thefollowing offices:county 4 29 agricultural extension council,or the soil and water 4 30 conservation district commission, or regional library board of4 31trustees. 4 32 Sec. 12. Section 256.51, subsection 1, paragraphs d, e, 4 33 and k, Code 2001, are amended to read as follows: 4 34 d. Develop and adopt, in conjunction with theIowa4 35regionallibrarysystemservice areas, long-range plans for 5 1 the continued improvement of library services and which will 5 2 explore or broaden the information mission in the state. To 5 3 insure that the concerns of all types of libraries are 5 4 addressed, the division shall establish a long-range planning 5 5 committee to review and evaluate progress and report findings 5 6 and recommendations to the division and to the trustees of the 5 7Iowa regionallibrarysystemservice areas at an annual 5 8 meeting. 5 9 e. Develop, incooperationconsultation with theIowa5 10regionallibrarysystemservice areas and the area education 5 11 agency media centers, a biennial unified plan of service and 5 12 service delivery for the division of libraries and information 5 13 services. 5 14 k. Establish and administer standards for state agency 5 15 libraries, theIowa regionallibrarysystemservice areas, and 5 16 public libraries. 5 17 Sec. 13. Section 256.60, Code 2001, is amended to read as 5 18 follows: 5 19 256.60REGIONALLIBRARYSYSTEMSERVICE AREAS ESTABLISHED 5 20 – PURPOSES. 5 21A regional library system isLibrary service areas are 5 22 established as provided in section 256.61 to provide 5 23 supporting services to libraries, including, but not limited 5 24 to, consulting, continuing education, and interlibrary loan 5 25 and reference services, to assure consistency of service 5 26 statewide, and to encourage local financial support for 5 27 library services. 5 28 Sec. 14. Section 256.61, Code 2001, is amended by striking 5 29 the section and inserting in lieu thereof the following: 5 30 256.61 LIBRARY SERVICE AREAS AND BOARDS OF TRUSTEES. 5 31 1. Seven library service areas shall serve and represent 5 32 seven geographic regions consisting of the following counties: 5 33 a. The southwestern area shall serve and represent the 5 34 counties of Adair, Adams, Audubon, Cass, Clarke, Decatur, 5 35 Fremont, Guthrie, Harrison, Lucas, Mills, Montgomery, Page, 6 1 Pottawattamie, Ringgold, Shelby, Taylor, Union, and Wayne. 6 2 b. The northwestern area shall serve and represent the 6 3 counties of Buena Vista, Calhoun, Carroll, Cherokee, Clay, 6 4 Crawford, Dickinson, Emmet, Ida, Lyon, Monona, O'Brien, 6 5 Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, and 6 6 Woodbury. 6 7 c. The north central area shall serve and represent the 6 8 counties of Cerro Gordo, Floyd, Franklin, Hamilton, Hancock, 6 9 Hardin, Humboldt, Kossuth, Mitchell, Webster, Winnebago, 6 10 Worth, and Wright. 6 11 d. The central area shall serve and represent the counties 6 12 of Boone, Dallas, Greene, Jasper, Madison, Marion, Marshall, 6 13 Polk, Story, and Warren. 6 14 e. The southeastern area shall serve and represent the 6 15 counties of Appanoose, Davis, Des Moines, Henry, Jefferson, 6 16 Keokuk, Lee, Louisa, Mahaska, Monroe, Muscatine, Scott, Van 6 17 Buren, Wapello, and Washington. 6 18 f. The east central area shall serve and represent the 6 19 counties of Benton, Cedar, Clinton, Iowa, Jackson, Johnson, 6 20 Jones, Linn, Poweshiek, and Tama. 6 21 g. The northeastern area shall serve and represent the 6 22 counties of Allamakee, Black Hawk, Bremer, Buchanan, Butler, 6 23 Chickasaw, Clayton, Delaware, Dubuque, Fayette, Grundy, 6 24 Howard, and Winneshiek. 6 25 2. Each area shall have a board of trustees composed of 6 26 seven members, who shall be appointed as follows: 6 27 a. One member shall be appointed mutually by the area 6 28 education agency media divisions located within the boundaries 6 29 of the library service area. 6 30 b. One member shall be appointed mutually by the boards of 6 31 trustees of the public libraries located within the boundaries 6 32 of the library service area. 6 33 c. One member shall be appointed mutually by librarians 6 34 employed by public libraries located within the boundaries of 6 35 the library service area. 7 1 d. One member shall be appointed mutually by the boards of 7 2 trustees of the community colleges located within the 7 3 boundaries of the library service area. 7 4 e. One member shall be appointed by the commission of 7 5 libraries to represent library patrons residing within the 7 6 boundaries of the library service area. 7 7 f. Two members shall be appointed by the commission of 7 8 libraries to represent the public at-large residing within the 7 9 boundaries of the library service area. 7 10 3. All appointments shall comply with sections 69.16 and 7 11 69.16A. 7 12 4. The members of each library service area board shall be 7 13 appointed to four-year, staggered terms of office. A term 7 14 shall be effective on the first of July of the year of 7 15 appointment and a vacancy shall be filled for the unexpired 7 16 term in the same manner as the original appointment. 7 17 5. The members of a board shall not receive compensation, 7 18 but shall be reimbursed for their actual and necessary 7 19 expenses incurred in the performance of their official duties. 7 20 The expenses of the board members shall be paid from the 7 21 appropriation to the library service areas. 7 22 6. Each board shall elect a chairperson and vice 7 23 chairperson annually from among its membership. A board shall 7 24 meet at the call of its chairperson or upon written request of 7 25 a majority of its membership. Four members constitute a 7 26 quorum. The concurrence of a majority of the members of a 7 27 board is required to determine any matter relating to its 7 28 duties. 7 29 7. The commission of libraries shall adopt rules providing 7 30 for the coordination of appointments made to the board of 7 31 trustees in accordance with this section. 7 32 Sec. 15. Section 256.66, subsections 4, 6, 8 through 10, 7 33 and 13, Code 2001, are amended to read as follows: 7 34 4. May accept and administer trusts and may authorize 7 35 nonprofit foundations acting solely for the support of the 8 1regionallibrary service area to accept and administer trusts 8 2 deemed by the board to be beneficial to the operation of the 8 3regionallibrary service area. Notwithstanding section 8 4 633.63, the board and the nonprofit foundation may act as 8 5 trustees in these instances. The board shall require that 8 6 moneys belonging to a nonprofit foundation be audited 8 7 annually. 8 8 6. May acquire land and construct or lease facilities to 8 9 carry out the provisions ofsections 256.60 through 256.698 10 this part. 8 11 8. Shall provide interlibrary loan and information 8 12 servicesintraregionally, but which are capable of being8 13linked interregionally,throughout the area and across area 8 14 lines according to the standards developed by the commission 8 15 of libraries. 8 16 9. Shall develop and adopt, in cooperation with other 8 17 members of theregionallibrarysystemservice area and the 8 18 director of the department of education, a long-range plan for 8 19 theregionarea. 8 20 10. Shall prepare, in cooperation with all members of the 8 21regionallibrarysystemservice area and the director of the 8 22 department of education, an annual plan of service. 8 23 13. May perform other acts necessary to carry out its 8 24 powers and duties undersections 256.60 through 256.69this 8 25 part. 8 26 Sec. 16. Section 256.66, Code 2001, is amended by adding 8 27 the following new subsection: 8 28 NEW SUBSECTION. 14. Shall assume all of the outstanding 8 29 obligations of the regional library and be liable for and 8 30 recognize, assume, and carry out all valid contracts and 8 31 obligations of the regional library that the library service 8 32 area replaces. Each regional library in existence prior to 8 33 July 1, 2001, shall transfer its assets and title to any real 8 34 estate owned by the regional library to the library service 8 35 area that replaces the regional library. 9 1 Sec. 17. Section 256.67, Code 2001, is amended to read as 9 2 follows: 9 3 256.67 DUTIES OF THEREGIONALAREA ADMINISTRATOR. 9 4A regionalAn area administrator shall: 9 5 1. Act as administrator and executive secretary of the 9 6 region in accordance with the objectives and policies adopted 9 7 by theregionalarea board of trustees and with the intent of 9 8 this chapter. 9 9 2. Organize, staff, and administer theregionallibrary 9 10 service area so as to render the greatest benefit to libraries 9 11 and information services in the area. 9 12 3. Advise and counsel with theregionalarea board of 9 13 trustees and individual libraries in all matters pertaining to 9 14 the improvement of library services in theregionlibrary 9 15 service area. 9 16 4. Cooperate with other members of theregionallibrary 9 17systemservice area, the state library of Iowa and 9 18 representatives of the Iowa library community in considering 9 19 and developing plans for the improvement of library services 9 20 in Iowa. 9 21 5. Carry out the policies of theregionalboard of 9 22 trustees not inconsistent with state law. 9 23 Sec. 18. Section 256.67A, Code 2001, is amended to read as 9 24 follows: 9 25 256.67A INSURANCE ELIGIBILITY. 9 26 Personnel employed by aregionallibrary service area shall 9 27 be considered state employees for purposes of eligibility for 9 28 receiving employee health and dental insurance as provided to 9 29 state employees by the department of personnel. If aregional9 30 library service area elects to participate in a state employee 9 31 health and dental insurance program, theregionallibrary 9 32 service area shall continue to pay the costs of employee 9 33 participation in a program from funds appropriated for 9 34 purposes of theregional librarieslibrary service areas by 9 35 the general assembly. 10 1 Sec. 19. Section 256.68, subsection 1, unnumbered 10 2 paragraph 1, Code 2001, is amended to read as follows: 10 3 Funds appropriated for the purpose of carrying outsections10 4256.60 through 256.69this part shall beallocated to regional10 5 distributed equally to the library service area boards by the 10 6 commission of librariesas follows:. 10 7 Sec. 20. Section 256.68, subsection 1, paragraphs a 10 8 through c, Code 2001, are amended by striking the paragraphs. 10 9 Sec. 21. Section 256.68, subsection 2, Code 2001, is 10 10 amended to read as follows: 10 11 2. In addition to funds received under subsection 1, a 10 12regionallibrary service area board of trustees may 10 13 individually or cooperatively apply to the commission of 10 14 libraries for available grants. 10 15 Sec. 22. Section 256D.8, subsection 3, Code 2001, is 10 16 amended to read as follows: 10 17 3. Funds received by an area education agency pursuant to 10 18 section 256D.6, subsection 2, shall be expended for the costs 10 19 related to supporting school districts within the area served 10 20 with technology planning and equipment, including hardware and 10 21 software, materials and supplies related to instructional 10 22 technology and the lease or lease-purchase agreements for 10 23 those items, employment of or contracting with information 10 24 technology specialists to provide technical consulting and 10 25 integration of technology in curriculum and instruction, and 10 26 staff development and training related to instructional 10 27 technology. A consortium of area education agencies may 10 28 cooperatively engage in any of the activities allowed by this 10 29 section. 10 30 Sec. 23. Section 273.2, subsection 4, Code 2001, is 10 31 amended to read as follows: 10 32 4. The area education agency board shall provide for 10 33 special education services and media services for the local 10 34 school districts in the area and shall encourage and assist 10 35 school districts in the area to establish programs for gifted 11 1 and talented children. The board shall assist in facilitating 11 2 interlibrary loans of materials between school districts and 11 3 other libraries. Each area education agency shall include as 11 4 a member of its media center advisory committee a library 11 5 service area trustee or library service area staff member, who 11 6 is appointed to the committee by the commission of libraries. 11 7 Sec. 24. Section 273.11, subsection 2, Code 2001, is 11 8 amended by adding the following new paragraph: 11 9 NEW PARAGRAPH. i. Support for school district libraries 11 10 in accordance with section 273.2, subsection 4. 11 11 Sec. 25. Section 304.13A, subsection 2, unnumbered 11 12 paragraph 2, Code 2001, is amended to read as follows: 11 13 For purposes of this section, "public library" means a city 11 14 library, aregionallibrary service area as provided in 11 15 chapter 256, or acountylibrary district as provided in 11 16 chapter 336. 11 17 Sec. 26. Section 336.2, Code 2001, is amended to read as 11 18 follows: 11 19 336.2 LIBRARY DISTRICTS FORMED. 11 20 Acountylibrary district may be established composed of 11 21 onecounty or twoor moreadjacentcountiesand may include or11 22exclude the entirety of a city partly within one of the11 23counties, one or more cities, or any combination of cities and 11 24 counties. 11 25 Eligible electors residing within the proposed district in 11 26 a number not less than five percent of those voting for 11 27 president of the United States or governor, as the case may 11 28 be, withinsaidthe district at the last general election may 11 29 petition the board of supervisors of the countyor counties, 11 30 or the city council, for the establishment ofsuch countythe 11 31 library district.SaidThe petition shall clearly designate 11 32 the area to be included in the district. 11 33 The board of supervisors of each county and the city 11 34 council of each city containing area within the proposed 11 35 district shall submit the proposition to the registered voters 12 1 within their respective counties and cities at any general or 12 2 primary election provided said election occurs not less than 12 3 forty days after the filing of the petition. 12 4 Acountylibrary district shall be established,if a 12 5 majority of the electors voting on the proposition and 12 6 residingoutside of cities maintaining a free publicin the 12 7 proposed library district favoritits establishment. 12 8 The result of the election within cities maintaining a free 12 9 public library shall be considered separately, and no city 12 10 shall be included within thecountylibrary district unless a 12 11 majority of its electors, voting on the proposition, favor its 12 12 inclusion. In such cases the boundaries of an established 12 13 district may vary from those of the proposed district. 12 14 After the establishment of acountylibrary district other 12 15 areas may be included by mutual agreement of the board of 12 16 trustees of thecountylibrary district and the governing body 12 17 of the area sought to be included. 12 18 Sec. 27. Section 336.3, Code 2001, is amended to read as 12 19 follows: 12 20 336.3 GIFTS. 12 21 When a gift for library purposes is accepted bythea 12 22 county or city, its use for thecountylibrary may be enforced 12 23 against the board of supervisors or city council by the 12 24 library board by an action of mandamus or by other proper 12 25 action. 12 26 Sec. 28. Section 336.4, Code 2001, is amended to read as 12 27 follows: 12 28 336.4 LIBRARY TRUSTEES. 12 29 In anycounty or countiesarea in which a library district 12 30 has been established in accordance with this chapter, a board 12 31 of library trustees, consisting of five, seven, or nine 12 32 electors of the library district, shall be appointed by the 12 33 boardor boardsof supervisors oftheany county orcounties12 34 city comprisingsuchthe library district. Membership on the 12 35 library board shall be apportioned between the rural and city 13 1 areas of the district in proportion to the population in each 13 2 of such areas. In the event the library district is composed 13 3 of two or more counties, two or more cities, or any 13 4 combination of counties and cities, representation onsaidthe 13 5 library board shall be equitably divided between or amongsaid13 6 the counties and cities in proportion to the population in 13 7 each ofsuchthe counties and cities. 13 8 Sec. 29. Section 336.10, Code 2001, is amended to read as 13 9 follows: 13 10 336.10 LIBRARY FUND. 13 11 All moneys received and set apart for the maintenance of 13 12 the library shall be deposited in the treasury of the county 13 13 or city, as determined by the board of library trustees, and 13 14 paid out upon warrants drawn by the county or city auditor 13 15 upon requisition of the board of trustees, signed by its 13 16 president and secretary. 13 17 Provided that where a free public library is maintained 13 18 jointly by two or more counties or cities or any combination 13 19 of counties and cities, the library trustees may elect a 13 20 library treasurertherefor, and it shall be the duty of the 13 21 city and county treasurers to pay over tosaidthe library 13 22 treasurer any and all library taxes that may be collected by 13 23 them monthly. 13 24SuchThe library treasurer shall be required to furnish a 13 25 bond conditioned as provided by section 64.2 insuchan amount 13 26 as agreed upon by the participating boards of supervisors and 13 27 city councils and the costthereofshall be paid by the 13 28 participating counties and cities. 13 29 Sec. 30. Section 336.11, Code 2001, is amended to read as 13 30 follows: 13 31 336.11 ANNUAL REPORT. 13 32 The board of trustees shall, immediately after the close of 13 33 each fiscal year,makesubmit to the board of supervisors, and 13 34 the city council, as appropriate, a report containing a 13 35 statement of the condition of the library, the number of books 14 1 added thereto, the number circulated, the number not returned 14 2 or lost, the amount of fines collected, and the amount of 14 3 money expended in the maintenance thereof during such year, 14 4 together with such further information as it may deem 14 5 important. 14 6 Sec. 31. Section 336.12, Code 2001, is amended to read as 14 7 follows: 14 8 336.12 REAL ESTATE ACQUIRED. 14 9 In any county or city in which a free library has been 14 10 established, the board of library trustees may purchase real 14 11 estate in the name of the county or city for the location of 14 12 library buildings and branch libraries, and for the purpose of 14 13 enlarging the groundsthereof. 14 14 Sec. 32. Section 336.13, Code 2001, is amended to read as 14 15 follows: 14 16 336.13 MAINTENANCE EXPENSE ON PROPORTIONATE BASIS. 14 17 The maintenance of acountylibrary established in 14 18 accordance with this chapter shall be on the basis of each 14 19 participating unit bearing its share of the total cost in 14 20 proportion to its population as compared to the total 14 21 population of thecountylibrary district. The board of 14 22 library trustees shall make an estimate of the amount 14 23 necessary for the maintenance of thecountylibrary, the 14 24 sources of direct library revenue, and the amount to be 14 25 contributed from taxes or other revenues by the participating 14 26 city or county and hold a hearing on the estimate after notice 14 27 of the hearing is published as provided in section 331.305 or 14 28 section 362.3, as appropriate. On or before January 10 of 14 29 each year, the board of library trustees shall transmit the 14 30 estimate in dollars to the board of supervisors and to the 14 31 cities participating in the district. The unincorporated area 14 32 of each county in the library district shall be considered as 14 33 a separate supporting unit. Each board of supervisors shall 14 34 review the estimate and appropriate for library purposes its 14 35 share in the county rural services fund budget. Each city 15 1 council shall review the estimate for the city and appropriate 15 2 for library purposes its share in the city general fund 15 3 budget. Each participating city or county shall contribute 15 4 its share from taxation or from other sources available for 15 5 library purposes on an equitable basis. With approval of a 15 6 city council, the county treasurer may withhold a reasonable 15 7 portion of the taxes collected for a city to meet the city's 15 8 contribution for library purposes and deliver a receipt to the 15 9 city clerk for the amount withheld. 15 10 This section shall not affect the taxing authority provided 15 11 under section 256.69. 15 12 Sec. 33. Section 336.14, Code 2001, is amended to read as 15 13 follows: 15 14 336.14 NOT APPLICABLE TO CONTRACT SERVICE. 15 15 The provisions of this chapter pertaining to the 15 16 establishment of acountylibrary district shall not apply to 15 17 any area receiving library service from any city library, 15 18 unless the petition for acountylibrary district, in addition 15 19 to the required signatures of electors, is signed by the 15 20 governing body of the area receiving library service under 15 21 contract. 15 22 Sec. 34. Section 336.15, Code 2001, is amended to read as 15 23 follows: 15 24 336.15 EXISTING CONTRACTS ASSUMED. 15 25 Whenever acountylibrary district is establishedthein 15 26 accordance with this chapter, its board of trusteesthereof15 27 shall assume all the obligations of the existing contracts 15 28 made by cities, townships, school corporations or counties to 15 29 receive library service from free public libraries. 15 30 Sec. 35. Section 336.16, unnumbered paragraphs 1, 3, 4, 15 31 and 5, Code 2001, are amended to read as follows: 15 32 A city may withdraw from thecountylibrary district upon a 15 33 majority vote in favor of withdrawal by the electorate of the 15 34 city in an election held on a motion by the city council. The 15 35 election shall be held simultaneously with a general or city 16 1 election. Notice of a favorable vote to withdraw shall be 16 2 sent by certified mail to the board of library trustees of the 16 3countylibrary district and the county or city auditor, as 16 4 appropriate, prior to January 10, and the withdrawal shall be 16 5 effective on July 1. 16 6 A city or county election shall not be called until a 16 7 hearing has been held on the proposal to submit a proposition 16 8 of withdrawal to an election. A hearing may be held only 16 9 after public notice published as provided in section 362.3 in 16 10 the case of a city or section 331.305 in the case of a county. 16 11 A copy of the notice submitted for publication shall be mailed 16 12 to thecountylibrary on or before the date of publication. 16 13 The proposal presented at the hearing must include a plan for 16 14 continuing adequate library service with or without all 16 15 participants and the respective allocated costs and levels of 16 16 service shall be stated. At the hearing, any interested 16 17 person shall be given a reasonable time to be heard, either 16 18 for or against the withdrawal or the plan to accompany it. 16 19 Acountylibrary district may be terminated if a majority 16 20 of the electors of the unincorporated area of the county and 16 21 the cities included in thecountylibrary district voting on 16 22 the issue favor the termination. The election shall be held 16 23 upon motion of the board of supervisors and simultaneously 16 24 with a primary, general, or other county election. If the 16 25 vote favors termination, the termination shall be effective on 16 26 the succeeding July 1. 16 27 An election for withdrawal from or termination of acounty16 28 library district shall not be held more than once each four 16 29 years. 16 30 Sec. 36. Section 336.18, subsection 1, Code 2001, is 16 31 amended to read as follows: 16 32 1. A school corporation, township, orcountylibrary 16 33 district may contract for the use by its residents of a city 16 34 library, but if a contract is made by a county board of16 35supervisors or township trustees, it may only be for the17 1residents outside of cities. A contract by a county shall 17 2 supersede all contracts by townships or school corporations 17 3 within the county outside of cities. 17 4 Sec. 37. Section 669.2, subsection 5, Code 2001, is 17 5 amended to read as follows: 17 6 5. "State agency" includes all executive departments, 17 7 agencies, boards, bureaus, and commissions of the state of 17 8 Iowa, and corporations whose primary function is to act as, 17 9 and while acting as, instrumentalities or agencies of the 17 10 state of Iowa, whether or not authorized to sue and be sued in 17 11 their own names. This definition does not include a 17 12 contractor with the state of Iowa. Soil and water 17 13 conservation districts as defined in section 161A.3, 17 14 subsection 6, judicial district departments of correctional 17 15 services as established in section 905.2, andregionallibrary 17 16 service area boards oflibrarytrustees asdefinedestablished 17 17 in chapter 256, are state agencies for purposes of this 17 18 chapter. 17 19 Sec. 38. DEPARTMENT OF MANAGEMENT STUDY. The department 17 20 of management shall coordinate a study of city and county 17 21 support of public library funding. The department, in 17 22 cooperation with the commission of libraries, the Iowa league 17 23 of cities, and the Iowa state association of counties, shall 17 24 determine whether cities and counties are in compliance with 17 25 section 256.69 requirements for support of public libraries, 17 26 identify inequities between city and county funding, and 17 27 determine the adequacy of the current minimum levy. The 17 28 department shall develop a plan to provide those support 17 29 functions and services more effectively and efficiently. The 17 30 department shall submit a report of its findings and 17 31 recommendations to the chairpersons and ranking members of the 17 32 senate and house standing committees on education and the 17 33 joint appropriations subcommittee on education. 17 34 Sec. 39. REGIONAL LIBRARY TERM EXPIRATION DATE. 17 35 Notwithstanding any provision to the contrary, the terms of 18 1 the regional library trustees elected in a general election 18 2 shall expire on July 1, 2001. 18 3 Sec. 40. Sections 256.62 through 256.65, Code 2001, are 18 4 repealed. 18 5 18 6 18 7 18 8 BRENT SIEGRIST 18 9 Speaker of the House 18 10 18 11 18 12 18 13 MARY E. KRAMER 18 14 President of the Senate 18 15 18 16 I hereby certify that this bill originated in the House and 18 17 is known as House File 637, Seventy-ninth General Assembly. 18 18 18 19 18 20 18 21 MARGARET THOMSON 18 22 Chief Clerk of the House 18 23 Approved , 2001 18 24 18 25 18 26 18 27 THOMAS J. VILSACK 18 28 Governor
Text: HF00636 Text: HF00638 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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