Text: HSB00189                          Text: HSB00191
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 190

Bill Text

PAG LIN
  1  1    Section 1.  Section 8D.2, subsection 5, Code 2001, is
  1  2 amended to read as follows:
  1  3    5.  "Public agency" means a state agency, an institution
  1  4 under the control of the board of regents, the judicial branch
  1  5 as provided in section 8D.13, subsection 17, a school
  1  6 corporation, a city library, a regional unified library
  1  7 service district as provided in chapter 256, a county library
  1  8 as provided in chapter 336, or a judicial district department
  1  9 of correctional services established in section 905.2, to the
  1 10 extent provided in section 8D.13, subsection 15, an agency of
  1 11 the federal government, or a United States post office which
  1 12 receives a federal grant for pilot and demonstration projects.
  1 13    Sec. 2.  Section 8D.9, subsection 1, Code 2001, is amended
  1 14 to read as follows:
  1 15    1.  A private or public agency, other than a state agency,
  1 16 local school district or nonpublic school, city library,
  1 17 regional unified library service district, county library,
  1 18 judicial branch, judicial district department of correctional
  1 19 services, agency of the federal government, a hospital or
  1 20 physician clinic, or a post office authorized to be offered
  1 21 access pursuant to this chapter as of May 18, 1994, shall
  1 22 certify to the commission no later than July 1, 1994, that the
  1 23 agency is a part of or intends to become a part of the
  1 24 network.  Upon receiving such certification from an agency not
  1 25 a part of the network on May 18, 1994, the commission shall
  1 26 provide for the connection of such agency as soon as
  1 27 practical.  An agency which does not certify to the commission
  1 28 that the agency is a part of or intends to become a part of
  1 29 the network as required by this subsection shall be prohibited
  1 30 from using the network.
  1 31    Sec. 3.  Section 8D.11, subsection 4, Code 2001, is amended
  1 32 to read as follows:
  1 33    4.  A political subdivision receiving communications
  1 34 services from the state as of April 1, 1986, may continue to
  1 35 do so but communications services shall not be provided or
  2  1 resold to additional political subdivisions other than a
  2  2 school corporation, a city library, a regional unified library
  2  3 service district as provided in chapter 256, and a county
  2  4 library as provided in chapter 336.  The rates charged to the
  2  5 political subdivision shall be the same as the rates charged
  2  6 to state agencies.
  2  7    Sec. 4.  Section 12C.1, subsection 1, Code 2001, is amended
  2  8 to read as follows:
  2  9    1.  All funds held by the following officers or
  2 10 institutions shall be deposited in one or more depositories
  2 11 first approved by the appropriate governing body as indicated:
  2 12 for the treasurer of state, by the executive council; for
  2 13 judicial officers and court employees, by the supreme court;
  2 14 for the county treasurer, recorder, auditor, and sheriff, by
  2 15 the board of supervisors; for the city treasurer or other
  2 16 designated financial officer of a city, by the city council;
  2 17 for the county public hospital or merged area hospital, by the
  2 18 board of hospital trustees; for a memorial hospital, by the
  2 19 memorial hospital commission; for a school corporation, by the
  2 20 board of school directors; for a city utility or combined
  2 21 utility system established under chapter 388, by the utility
  2 22 board; for a regional unified library service district
  2 23 established under chapter 256, by the regional unified library
  2 24 service district board of library trustees; and for an
  2 25 electric power agency as defined in section 28F.2, by the
  2 26 governing body of the electric power agency.  However, the
  2 27 treasurer of state and the treasurer of each political
  2 28 subdivision or the designated financial officer of a city
  2 29 shall invest all funds not needed for current operating
  2 30 expenses in time certificates of deposit in approved
  2 31 depositories pursuant to this chapter or in investments
  2 32 permitted by section 12B.10.  The list of public depositories
  2 33 and the amounts severally deposited in the depositories are
  2 34 matters of public record.  This subsection does not limit the
  2 35 definition of "public funds" contained in subsection 2.
  3  1 Notwithstanding provisions of this section to the contrary,
  3  2 public funds of a state government deferred compensation plan
  3  3 established by the executive council may also be invested in
  3  4 the investment products authorized under section 509A.12.
  3  5    Sec. 5.  Section 39.11, Code 2001, is amended to read as
  3  6 follows:
  3  7    39.11  MORE THAN ONE OFFICE PROHIBITED.
  3  8    Statewide elected officials and members of the general
  3  9 assembly shall not hold more than one elective office at a
  3 10 time.  All other elected officials shall not hold more than
  3 11 one elective office at the same level of government at a time.
  3 12 This section does not apply to the following offices:  county
  3 13 agricultural extension council, or soil and water conservation
  3 14 district commission, or regional library board of trustees.
  3 15    Sec. 6.  Section 39.21, subsection 1, Code 2001, is amended
  3 16 by striking the subsection.
  3 17    Sec. 7.  Section 43.67, subsection 8, Code 2001, is amended
  3 18 to read as follows:
  3 19    8.  A statement that the candidate is aware of the
  3 20 prohibition in section 49.41 against being a candidate for
  3 21 more than one office to be filled at the same election, except
  3 22 county agricultural extension council, and soil and water
  3 23 conservation district commission, and regional library board
  3 24 of trustees.
  3 25    Sec. 8.  Section 44.3, subsection 2, paragraph h, Code
  3 26 2001, is amended to read as follows:
  3 27    h.  A statement that the candidate is aware of the
  3 28 prohibition in section 49.41 against being a candidate for
  3 29 more than one office to be filled at the same election, except
  3 30 county agricultural extension council, and soil and water
  3 31 conservation district commission, and regional library board
  3 32 of trustees.
  3 33    Sec. 9.  Section 45.3, subsection 8, Code 2001, is amended
  3 34 to read as follows:
  3 35    8.  A statement that the candidate is aware of the
  4  1 prohibition in section 49.41 against being a candidate for
  4  2 more than one office to be filled at the same election, except
  4  3 county agricultural extension council, and soil and water
  4  4 conservation district commission, and regional library board
  4  5 of trustees.
  4  6    Sec. 10.  Section 49.41, unnumbered paragraph 6, Code 2001,
  4  7 is amended to read as follows:
  4  8    This section does not apply to the following public
  4  9 offices: county agricultural extension council, or the soil
  4 10 and water conservation district commission, or regional
  4 11 library board of trustees.
  4 12    Sec. 11.  Section 69.2, subsection 8, Code 2001, is amended
  4 13 to read as follows:
  4 14    8.  The incumbent simultaneously holding more than one
  4 15 elective office at the same level of government.  This
  4 16 subsection does not apply to the following offices: county
  4 17 agricultural extension council, or the soil and water
  4 18 conservation district commission, or regional library board of
  4 19 trustees.
  4 20    Sec. 12.  Section 256.51, subsection 1, paragraphs d, e,
  4 21 and k, Code 2001, are amended to read as follows:
  4 22    d.  Develop and adopt, in conjunction with the Iowa
  4 23 regional unified library system service districts, long-range
  4 24 plans for the continued improvement of library services and
  4 25 which will explore or broaden the information mission in the
  4 26 state.  To insure that the concerns of all types of libraries
  4 27 are addressed, the division shall establish a long-range
  4 28 planning committee to review and evaluate progress and report
  4 29 findings and recommendations to the division and to the
  4 30 trustees of the Iowa regional unified library system service
  4 31 districts at an annual meeting.
  4 32    e.  Develop, in cooperation consultation with the Iowa
  4 33 regional unified library system service districts and the area
  4 34 education agency media centers, a biennial unified plan of
  4 35 service and service delivery for the division of libraries and
  5  1 information services.
  5  2    k.  Establish and administer standards for state agency
  5  3 libraries, the Iowa regional unified library system service
  5  4 districts, and public libraries.
  5  5    Sec. 13.  NEW SECTION.  256.57  ENRICH IOWA PROGRAM FUNDS
  5  6 DISTRIBUTION.
  5  7    1.  An enrich Iowa program is established to provide direct
  5  8 state assistance to eligible libraries as an incentive to
  5  9 improve library services and reduce inequities among
  5 10 communities in the delivery of library services based on
  5 11 recognized and adopted performance measures.  Funds
  5 12 appropriated by the general assembly for purposes of the
  5 13 enrich Iowa program shall be distributed by the division of
  5 14 libraries and information services to eligible public
  5 15 libraries in the proportion that the number of people residing
  5 16 within an eligible library's geographic service area for whom
  5 17 the library provides services bears to the sum of the number
  5 18 of people living in Iowa.
  5 19    2.  For purposes of this section, "eligible public library"
  5 20 means a public library that meets all of the following
  5 21 requirements:
  5 22    a.  Submits to the division a report in accordance with
  5 23 section 256.51, subsection 1, paragraph "h".
  5 24    b.  Participates in the library resource and information
  5 25 sharing programs established by the state library.
  5 26    c.  Is a public library established by city ordinance or a
  5 27 library as provided in chapter 336.
  5 28    d.  Participates in the state library's open access
  5 29 program.
  5 30    e.  Has an internet use policy in place, which may or may
  5 31 not include internet filtering.  Each eligible library shall
  5 32 submit a report describing the library's internet use efforts
  5 33 to the division.
  5 34    3.  Funds appropriated for purposes of the enrich Iowa
  5 35 program shall not be used for the costs of administration by
  6  1 the division.
  6  2    Sec. 14.  Section 256.60, Code 2001, is amended to read as
  6  3 follows:
  6  4    256.60  REGIONAL UNIFIED LIBRARY SYSTEM SERVICES DISTRICTS
  6  5 ESTABLISHED – PURPOSES.
  6  6    A regional Unified library system is services districts are
  6  7 established as provided in section 256.61 to provide
  6  8 supporting services to libraries, including, but not limited
  6  9 to, consulting, continuing education, and interlibrary loan
  6 10 and reference services, to assure consistency of service
  6 11 statewide, and to encourage local financial support for
  6 12 library services.
  6 13    Sec. 15.  Section 256.61, Code 2001, is amended by striking
  6 14 the section and inserting in lieu thereof the following:
  6 15    256.61  UNIFIED LIBRARY SERVICES DISTRICTS AND BOARDS OF
  6 16 TRUSTEES.
  6 17    1.  Seven unified library services districts shall serve
  6 18 and represent seven geographic regions consisting of the
  6 19 following counties:
  6 20    a.  The southwestern district shall serve and represent the
  6 21 counties of Adair, Adams, Audubon, Cass, Clarke, Decatur,
  6 22 Fremont, Guthrie, Harrison, Lucas, Mills, Montgomery, Page,
  6 23 Ringgold, Shelby, Taylor, Union, and Wayne.
  6 24    b.  The northwestern district shall serve and represent the
  6 25 counties of Buena Vista, Calhoun, Carroll, Cherokee, Clay,
  6 26 Crawford, Dickinson, Emmet, Ida, Lyon, Monona, O'Brien,
  6 27 Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, and
  6 28 Woodbury.
  6 29    c.  The north central district shall serve and represent
  6 30 the counties of Cerro Gordo, Floyd, Franklin, Hamilton,
  6 31 Hancock, Hardin, Humboldt, Kossuth, Mitchell, Webster,
  6 32 Winnebago, Worth, and Wright.
  6 33    d.  The central district shall serve and represent the
  6 34 counties of Boone, Dallas, Greene, Jasper, Madison, Marion,
  6 35 Marshall, Polk, Story, and Warren.
  7  1    e.  The southeastern district shall serve and represent the
  7  2 counties of Appanoose, Davis, Des Moines, Henry, Jefferson,
  7  3 Keokuk, Lee, Louisa, Mahaska, Monroe, Muscatine, Scott, Van
  7  4 Buren, Wapello, and Washington.
  7  5    f.  The east central district shall serve and represent the
  7  6 counties of Benton, Cedar, Clinton, Iowa, Jackson, Johnson,
  7  7 Jones, Linn, Poweshiek, and Tama.
  7  8    g.  The northeastern district shall serve and represent the
  7  9 counties of Allamakee, Black Hawk, Bremer, Buchanan, Butler,
  7 10 Chickasaw, Clayton, Delaware, Dubuque, Fayette, Grundy,
  7 11 Howard, and Winneshiek.
  7 12    2.  Each district shall have a board of trustees composed
  7 13 of seven members, who shall be appointed by the commission of
  7 14 libraries, and shall include at least the following:
  7 15    a.  A representative of an area education agency media
  7 16 division.
  7 17    b.  A public library trustee.
  7 18    c.  An individual possessing a master's of library science
  7 19 and who is employed full-time as a librarian.
  7 20    d.  A community college representative.
  7 21    e.  A person representing the public at large.
  7 22    3.  All appointments shall comply with sections 69.16 and
  7 23 69.16A.
  7 24    4.  The members of each unified library services district
  7 25 board shall be appointed to four-year, staggered terms of
  7 26 office.  A term shall be effective on the first of January of
  7 27 the year of appointment and a vacancy shall be filled for the
  7 28 unexpired term in the same manner as the original appointment.
  7 29    5.  The members of a board shall not receive compensation,
  7 30 but shall be reimbursed for their actual and necessary
  7 31 expenses incurred in the performance of their official duties.
  7 32 The expenses of the board members shall be paid from the
  7 33 appropriation to the department of education that is allocated
  7 34 to the state library.
  7 35    6.  Each board shall elect a chairperson and vice
  8  1 chairperson annually from among its membership.  A board shall
  8  2 meet at the call of its chairperson or upon written request of
  8  3 a majority of its membership.  Four members constitute a
  8  4 quorum.  The concurrence of a majority of the members of a
  8  5 board is required to determine any matter relating to its
  8  6 duties.
  8  7    Sec. 16.  Section 256.66, subsections 4, 6, 8 through 10,
  8  8 and 13, Code 2001, are amended to read as follows:
  8  9    4.  May accept and administer trusts and may authorize
  8 10 nonprofit foundations acting solely for the support of the
  8 11 regional unified library service district to accept and
  8 12 administer trusts deemed by the board to be beneficial to the
  8 13 operation of the regional library.  Notwithstanding section
  8 14 633.63, the board and the nonprofit foundation may act as
  8 15 trustees in these instances.  The board shall require that
  8 16 moneys belonging to a nonprofit foundation be audited
  8 17 annually.
  8 18    6.  May acquire land and construct or lease facilities to
  8 19 carry out the provisions of sections 256.60 through 256.69
  8 20 this part.
  8 21    8.  Shall provide interlibrary loan and information
  8 22 services intraregionally, but which are capable of being
  8 23 linked interregionally, throughout the district and across
  8 24 district lines according to the standards developed by the
  8 25 commission of libraries.
  8 26    9.  Shall develop and adopt, in cooperation with other
  8 27 members of the regional unified library system service
  8 28 district and the director of the department of education, a
  8 29 long-range plan for the region district.
  8 30    10.  Shall prepare, in cooperation with all members of the
  8 31 regional unified library system service district and the
  8 32 director of the department of education, an annual plan of
  8 33 service.
  8 34    13.  May perform other acts necessary to carry out its
  8 35 powers and duties under sections 256.60 through 256.69 this
  9  1 part.
  9  2    Sec. 17.  Section 256.67, Code 2001, is amended to read as
  9  3 follows:
  9  4    256.67  DUTIES OF THE REGIONAL DISTRICT ADMINISTRATOR.
  9  5    A regional district administrator shall:
  9  6    1.  Act as administrator and executive secretary of the
  9  7 region in accordance with the objectives and policies adopted
  9  8 by the regional district board of trustees and with the intent
  9  9 of this chapter.
  9 10    2.  Organize, staff, and administer the regional unified
  9 11 library service district so as to render the greatest benefit
  9 12 to libraries and information services in the area.
  9 13    3.  Advise and counsel with the regional district board of
  9 14 trustees and individual libraries in all matters pertaining to
  9 15 the improvement of library services in the region unified
  9 16 library service district.
  9 17    4.  Cooperate with other members of the regional unified
  9 18 library system service district, the state library of Iowa and
  9 19 representatives of the Iowa library community in considering
  9 20 and developing plans for the improvement of library services
  9 21 in Iowa.
  9 22    5.  Carry out the policies of the regional board of
  9 23 trustees not inconsistent with state law.
  9 24    6.  Employ personnel as state employees as necessary to
  9 25 carry out the duties and responsibilities of the unified
  9 26 library services district, consistent with the merit system
  9 27 provisions of chapter 19A for nonprofessional employees.
  9 28 Professional staff of the district are exempt from the merit
  9 29 system provisions of chapter 19A.
  9 30    Sec. 18.  Section 256.67A, Code 2001, is amended by
  9 31 striking the section and inserting in lieu thereof the
  9 32 following:
  9 33    256.67A  UNIFIED LIBRARY SERVICE DISTRICT EMPLOYEES.
  9 34    1.  ACCRUED EMPLOYEE RIGHTS.  Persons who were paid
  9 35 salaries by a regional library immediately prior to becoming
 10  1 state employees in accordance with section 256.67, subsection
 10  2 6, shall not forfeit accrued vacation, accrued sick leave, or
 10  3 longevity, except as provided in this section.  The commission
 10  4 shall prescribe rules to provide for the following:
 10  5    a.  Each person employed pursuant to this section shall
 10  6 have to the person's credit as a state employee commencing on
 10  7 the date of becoming a state employee the number of accrued
 10  8 vacation days and accrued days of sick leave that was credited
 10  9 to the person as an employee of a regional library as of the
 10 10 end of the day prior to becoming a state employee.  However,
 10 11 the number of days of sick leave credited to a person under
 10 12 this paragraph and eligible to be taken when sick or eligible
 10 13 to be received upon retirement shall not respectively exceed
 10 14 the maximum number of days, if any, or the maximum dollar
 10 15 amount as provided in section 70A.23 that state employees
 10 16 generally are entitled to accrue or receive according to rules
 10 17 in effect as of the date the person becomes a state employee.
 10 18    b.  Commencing on the date of becoming a state employee,
 10 19 each person employed pursuant to this section is entitled to
 10 20 claim the person's most recent continuous period of service in
 10 21 full-time regional library employment as full-time state
 10 22 employment for purposes of determining the number of days of
 10 23 vacation which the person is entitled to earn each year.  The
 10 24 actual vacation benefit, including the limitation on the
 10 25 maximum accumulated vacation leave, shall be determined as
 10 26 provided in section 70A.1 according to rules in effect for
 10 27 state employees of comparable longevity, irrespective of any
 10 28 greater or lesser benefit as a county employee.
 10 29    2.  LIFE, HEALTH, AND DISABILITY INSURANCE.  Persons who
 10 30 were covered by regional library employee life insurance and
 10 31 accident and health insurance plans prior to becoming state
 10 32 employees in accordance with section 256.67, subsection 6,
 10 33 shall be permitted to apply prior to becoming state employees
 10 34 for life insurance and health and accident insurance plans
 10 35 that are available to state employees so that those persons do
 11  1 not suffer a lapse of insurance coverage as a result of this
 11  2 chapter.  The commission, after consulting with the department
 11  3 of personnel, shall prescribe rules and distribute application
 11  4 forms and take other actions as necessary to enable those
 11  5 persons to elect to have insurance coverage that is in effect
 11  6 on the date of becoming state employees.  Commencing on the
 11  7 date of becoming a state employee, each person referred to in
 11  8 this subsection is entitled to claim the person's most recent
 11  9 continuous period of service in full-time regional library
 11 10 employment as full-time state employment for purposes of
 11 11 determining disability benefits as provided in section 70A.20
 11 12 according to rules in effect for state employees of comparable
 11 13 longevity, irrespective of any greater or lesser benefit as a
 11 14 regional library employee.
 11 15    Sec. 19.  Section 256.68, Code 2001, is amended to read as
 11 16 follows:
 11 17    256.68  ALLOCATION AND ADMINISTRATION OF FUNDS.
 11 18    1.  Funds appropriated for the purpose of carrying out
 11 19 sections 256.60 through 256.69 this part shall be allocated to
 11 20 regional the unified library services district boards by the
 11 21 commission of libraries as follows:
 11 22    a.  Sixty percent in proportion to the population served by
 11 23 each regional district board of trustees.
 11 24    b.  Twenty-five percent proportioned equally among the
 11 25 regional district boards.
 11 26    c.  Fifteen percent in proportion to the geographic area
 11 27 served by each regional district board.
 11 28    2.  In addition to funds received under subsection 1, a
 11 29 regional library district board of trustees may individually
 11 30 or cooperatively apply to the commission of libraries for
 11 31 available grants.
 11 32    Sec. 20.  Section 273.2, subsection 4, Code 2001, is
 11 33 amended to read as follows:
 11 34    4.  The area education agency board shall provide for
 11 35 special education services and media services for the local
 12  1 school districts in the area and shall encourage and assist
 12  2 school districts in the area to establish programs for gifted
 12  3 and talented children.  The board shall also provide media
 12  4 services center support services, including, but not limited
 12  5 to, consulting, continuing education, interlibrary loan, and
 12  6 reference services to school district libraries.
 12  7    Sec. 21.  Section 273.8, subsection 1, Code 2001, is
 12  8 amended to read as follows:
 12  9    1.  BOARD OF DIRECTORS.  The board of directors of an area
 12 10 education agency shall consist of not less than five nor more
 12 11 than nine voting members, each a resident of and elected in
 12 12 the manner provided in this section from a director district
 12 13 that is approximately equal in population to the other
 12 14 director districts in the area education agency.  The
 12 15 commission of libraries shall appoint a nonvoting member to
 12 16 the board of directors of an area education agency who shall
 12 17 also be a trustee of a unified library service district in
 12 18 which the area education agency is located.  Each director
 12 19 shall serve a three-year term which commences at the
 12 20 organization meeting.
 12 21    Sec. 22.  Section 273.8, subsection 2, unnumbered paragraph
 12 22 1, Code 2001, is amended to read as follows:
 12 23    The Except as provided in subsection 1, the board of
 12 24 directors of the area education agency shall be elected at
 12 25 director district conventions attended by members of the
 12 26 boards of directors of the local school districts located
 12 27 within the director district.  The member of the area
 12 28 education agency board to be elected at the director district
 12 29 convention may be a member of a local school district board of
 12 30 directors and shall be an elector and a resident of the
 12 31 director district, other than school district employees.
 12 32    Sec. 23.  Section 273.11, subsection 2, Code 2001, is
 12 33 amended by adding the following new paragraph:
 12 34    NEW PARAGRAPH.  i.  Support for school district libraries
 12 35 in accordance with section 273.2, subsection 4.
 13  1    Sec. 24.  Section 304.13A, subsection 2, unnumbered
 13  2 paragraph 2, Code 2001, is amended to read as follows:
 13  3    For purposes of this section, "public library" means a city
 13  4 library, a regional unified library service district as
 13  5 provided in chapter 256, or a county library as provided in
 13  6 chapter 336.
 13  7    Sec. 25.  Section 336.2, Code 2001, is amended to read as
 13  8 follows:
 13  9    336.2  LIBRARY DISTRICTS FORMED.
 13 10    A county library district may be established composed of
 13 11 one county or two or more adjacent counties and may include or
 13 12 exclude the entirety of a city partly within one of the
 13 13 counties, one or more cities, or any combination of cities and
 13 14 counties.
 13 15    Eligible electors residing within the proposed district in
 13 16 a number not less than five percent of those voting for
 13 17 president of the United States or governor, as the case may
 13 18 be, within said the district at the last general election may
 13 19 petition the board of supervisors of the county or counties,
 13 20 or the city council, for the establishment of such county the
 13 21 library district.  Said The petition shall clearly designate
 13 22 the area to be included in the district.
 13 23    The board of supervisors of each county and the city
 13 24 council of each city containing area within the proposed
 13 25 district shall submit the proposition to the registered voters
 13 26 within their respective counties and cities at any general or
 13 27 primary election provided said election occurs not less than
 13 28 forty days after the filing of the petition.
 13 29    A county library district shall be established, if a
 13 30 majority of the electors voting on the proposition and
 13 31 residing outside of cities maintaining a free public in the
 13 32 proposed library district favor it its establishment.
 13 33    The result of the election within cities maintaining a free
 13 34 public library shall be considered separately, and no city
 13 35 shall be included within the county library district unless a
 14  1 majority of its electors, voting on the proposition, favor its
 14  2 inclusion.  In such cases the boundaries of an established
 14  3 district may vary from those of the proposed district.
 14  4    After the establishment of a county library district other
 14  5 areas may be included by mutual agreement of the board of
 14  6 trustees of the county library district and the governing body
 14  7 of the area sought to be included.
 14  8    Sec. 26.  Section 336.3, Code 2001, is amended to read as
 14  9 follows:
 14 10    336.3  GIFTS.
 14 11    When a gift for library purposes is accepted by the a
 14 12 county or city, its use for the county library may be enforced
 14 13 against the board of supervisors or city council by the
 14 14 library board by an action of mandamus or by other proper
 14 15 action.
 14 16    Sec. 27.  Section 336.4, Code 2001, is amended to read as
 14 17 follows:
 14 18    336.4  LIBRARY TRUSTEES.
 14 19    In any county or counties area in which a library district
 14 20 has been established in accordance with this chapter, a board
 14 21 of library trustees, consisting of five, seven, or nine
 14 22 electors of the library district, shall be appointed by the
 14 23 board or boards of supervisors of the any county or counties
 14 24 city comprising such the library district.  Membership on the
 14 25 library board shall be apportioned between the rural and city
 14 26 areas of the district in proportion to the population in each
 14 27 of such areas.  In the event the library district is composed
 14 28 of two or more counties, two or more cities, or any
 14 29 combination of counties and cities, representation on said the
 14 30 library board shall be equitably divided between or among said
 14 31 the counties and cities in proportion to the population in
 14 32 each of such the counties and cities.
 14 33    Sec. 28.  Section 336.10, Code 2001, is amended to read as
 14 34 follows:
 14 35    336.10  LIBRARY FUND.
 15  1    All moneys received and set apart for the maintenance of
 15  2 the library shall be deposited in the treasury of the county
 15  3 or city, as determined by the board of library trustees, and
 15  4 paid out upon warrants drawn by the county or city auditor
 15  5 upon requisition of the board of trustees, signed by its
 15  6 president and secretary.
 15  7    Provided that where a free public library is maintained
 15  8 jointly by two or more counties or cities or any combination
 15  9 of counties and cities, the library trustees may elect a
 15 10 library treasurer therefor, and it shall be the duty of the
 15 11 city and county treasurers to pay over to said the library
 15 12 treasurer any and all library taxes that may be collected by
 15 13 them monthly.
 15 14    Such The library treasurer shall be required to furnish a
 15 15 bond conditioned as provided by section 64.2 in such an amount
 15 16 as agreed upon by the participating boards of supervisors and
 15 17 city councils and the cost thereof shall be paid by the
 15 18 participating counties and cities.
 15 19    Sec. 29.  Section 336.11, Code 2001, is amended to read as
 15 20 follows:
 15 21    336.11  ANNUAL REPORT.
 15 22    The board of trustees shall, immediately after the close of
 15 23 each fiscal year, make submit to the board of supervisors, and
 15 24 the city council, as appropriate, a report containing a
 15 25 statement of the condition of the library, the number of books
 15 26 added thereto, the number circulated, the number not returned
 15 27 or lost, the amount of fines collected, and the amount of
 15 28 money expended in the maintenance thereof during such year,
 15 29 together with such further information as it may deem
 15 30 important.
 15 31    Sec. 30.  Section 336.12, Code 2001, is amended to read as
 15 32 follows:
 15 33    336.12  REAL ESTATE ACQUIRED.
 15 34    In any county or city in which a free library has been
 15 35 established, the board of library trustees may purchase real
 16  1 estate in the name of the county or city for the location of
 16  2 library buildings and branch libraries, and for the purpose of
 16  3 enlarging the grounds thereof.
 16  4    Sec. 31.  Section 336.13, Code 2001, is amended to read as
 16  5 follows:
 16  6    336.13  MAINTENANCE EXPENSE ON PROPORTIONATE BASIS.
 16  7    The maintenance of a county library established in
 16  8 accordance with this chapter shall be on the basis of each
 16  9 participating unit bearing its share of the total cost in
 16 10 proportion to its population as compared to the total
 16 11 population of the county library district.  The board of
 16 12 library trustees shall make an estimate of the amount
 16 13 necessary for the maintenance of the county library, the
 16 14 sources of direct library revenue, and the amount to be
 16 15 contributed from taxes or other revenues by the participating
 16 16 city or county and hold a hearing on the estimate after notice
 16 17 of the hearing is published as provided in section 331.305 or
 16 18 section 362.3, as appropriate.  On or before January 10 of
 16 19 each year, the board of library trustees shall transmit the
 16 20 estimate in dollars to the board of supervisors and to the
 16 21 cities participating in the district.  The unincorporated area
 16 22 of each county in the library district shall be considered as
 16 23 a separate supporting unit.  Each board of supervisors shall
 16 24 review the estimate and appropriate for library purposes its
 16 25 share in the county rural services fund budget.  Each city
 16 26 council shall review the estimate for the city and appropriate
 16 27 for library purposes its share in the city general fund
 16 28 budget.  Each participating city or county shall contribute
 16 29 its share from taxation or from other sources available for
 16 30 library purposes on an equitable basis.  With approval of a
 16 31 city council, the county treasurer may withhold a reasonable
 16 32 portion of the taxes collected for a city to meet the city's
 16 33 contribution for library purposes and deliver a receipt to the
 16 34 city clerk for the amount withheld.
 16 35    Sec. 32.  Section 336.14, Code 2001, is amended to read as
 17  1 follows:
 17  2    336.14  NOT APPLICABLE TO CONTRACT SERVICE.
 17  3    The provisions of this chapter pertaining to the
 17  4 establishment of a county library district shall not apply to
 17  5 any area receiving library service from any city library,
 17  6 unless the petition for a county library district, in addition
 17  7 to the required signatures of electors, is signed by the
 17  8 governing body of the area receiving library service under
 17  9 contract.
 17 10    Sec. 33.  Section 336.15, Code 2001, is amended to read as
 17 11 follows:
 17 12    336.15  EXISTING CONTRACTS ASSUMED.
 17 13    Whenever a county library district is established the in
 17 14 accordance with this chapter, its board of trustees thereof
 17 15 shall assume all the obligations of the existing contracts
 17 16 made by cities, townships, school corporations or counties to
 17 17 receive library service from free public libraries.
 17 18    Sec. 34.  Section 336.16, unnumbered paragraphs 1, 3, 4,
 17 19 and 5, Code 2001, are amended to read as follows:
 17 20    A city may withdraw from the county library district upon a
 17 21 majority vote in favor of withdrawal by the electorate of the
 17 22 city in an election held on a motion by the city council.  The
 17 23 election shall be held simultaneously with a general or city
 17 24 election.  Notice of a favorable vote to withdraw shall be
 17 25 sent by certified mail to the board of library trustees of the
 17 26 county library district and the county or city auditor, as
 17 27 appropriate, prior to January 10, and the withdrawal shall be
 17 28 effective on July 1.
 17 29    A city or county election shall not be called until a
 17 30 hearing has been held on the proposal to submit a proposition
 17 31 of withdrawal to an election.  A hearing may be held only
 17 32 after public notice published as provided in section 362.3 in
 17 33 the case of a city or section 331.305 in the case of a county.
 17 34 A copy of the notice submitted for publication shall be mailed
 17 35 to the county library on or before the date of publication.
 18  1 The proposal presented at the hearing must include a plan for
 18  2 continuing adequate library service with or without all
 18  3 participants and the respective allocated costs and levels of
 18  4 service shall be stated.  At the hearing, any interested
 18  5 person shall be given a reasonable time to be heard, either
 18  6 for or against the withdrawal or the plan to accompany it.
 18  7    A county library district may be terminated if a majority
 18  8 of the electors of the unincorporated area of the county and
 18  9 the cities included in the county library district voting on
 18 10 the issue favor the termination.  The election shall be held
 18 11 upon motion of the board of supervisors and simultaneously
 18 12 with a primary, general, or other county election.  If the
 18 13 vote favors termination, the termination shall be effective on
 18 14 the succeeding July 1.
 18 15    An election for withdrawal from or termination of a county
 18 16 library district shall not be held more than once each four
 18 17 years.
 18 18    Sec. 35.  Section 336.18, subsection 1, Code 2001, is
 18 19 amended to read as follows:
 18 20    1.  A school corporation, township, or county library
 18 21 district may contract for the use by its residents of a city
 18 22 library, but if a contract is made by a county board of
 18 23 supervisors or township trustees, it may only be for the
 18 24 residents outside of cities.  A contract by a county shall
 18 25 supersede all contracts by townships or school corporations
 18 26 within the county outside of cities.
 18 27    Sec. 36.  TRANSITIONAL BOARD MEMBERSHIP.  Regional library
 18 28 trustees elected in the most recent general election shall
 18 29 serve the terms for which they were elected.  Vacancies shall
 18 30 be filled for unexpired terms as provided in section 256.61 as
 18 31 amended by this Act.
 18 32    Sec. 37.  UNIFIED LIBRARY SERVICES DISTRICT JOB STATUS
 18 33 REVIEW.  The commission of libraries shall review the staffing
 18 34 needs of each unified library services district.  Each
 18 35 regional library shall submit to the commission a list of
 19  1 employees hired by the regional library between April 1, 2001,
 19  2 and June 30, 2001.  Notwithstanding section 256.67, subsection
 19  3 6, a person on the list shall be considered a probationary
 19  4 employee until October 1, 2001, by which date the commission
 19  5 shall approve or deny permanent employment to the person.
 19  6    Sec. 38.  Sections 256.62 through 256.65, Code 2001, are
 19  7 repealed.  
 19  8                           EXPLANATION
 19  9    This bill changes the name of the regional library system
 19 10 to the unified library service districts, provides for the
 19 11 appointment of the unified library board of trustees rather
 19 12 than for election of the trustees, expands the duties of the
 19 13 unified districts, requires the state board of education to
 19 14 develop a biennial unified plan of service and service
 19 15 delivery in consultation with the unified library service
 19 16 districts and the area education agency media centers, and
 19 17 provides for a means of distributing enrich Iowa program
 19 18 moneys to eligible libraries.
 19 19    REGIONAL LIBRARY CHANGEOVER.  Current law requires regional
 19 20 libraries to provide supporting services to libraries.  The
 19 21 bill provides that the services shall include consulting,
 19 22 continuing education, interlibrary loan and reference
 19 23 services, and assured consistency of service statewide.  The
 19 24 unified library trustees are chosen from geographic districts
 19 25 drawn upon the same county lines as the regional system.
 19 26 Currently, the trustees are elected.  The bill requires the
 19 27 commission of libraries to appoint the trustees.
 19 28    Board membership shall include at least a representative of
 19 29 an area education agency media division, a public library
 19 30 trustee, a full-time librarian with a master's of library
 19 31 science, a community college representative, and a person
 19 32 representing the public at large.  Regional library trustees
 19 33 elected in the most recent general election shall serve the
 19 34 terms for which they were elected, but vacancies shall be
 19 35 filled by appointment by the commission.
 20  1    STATE EMPLOYEES.  Under the bill, district employees will
 20  2 also be employees of the state.
 20  3    AREA EDUCATION AGENCY MEDIA SERVICES SUPPORT TO SCHOOL
 20  4 LIBRARIES.  The bill describes the media services that area
 20  5 education agency boards (AEA) are required to provide to local
 20  6 school districts to include consulting, continuing education,
 20  7 interlibrary loan, and reference services to school district
 20  8 libraries.  The bill allows the commission of libraries to
 20  9 appoint as a nonvoting member of the board of directors of an
 20 10 AEA a trustee of a unified library service district.  The bill
 20 11 includes support for school district libraries in standards
 20 12 that an AEA must meet in order to receive state accreditation.
 20 13    MULTICOUNTY, MULTICITY, OR MULTICOUNTY AND CITY LIBRARIES.
 20 14 The bill amends the Code chapter that provides for the
 20 15 establishment of county library districts to allow a library
 20 16 district to be established by one or more counties, one or
 20 17 more cities, or any combination of cities and counties.
 20 18    ENRICH IOWA.  The bill provides that any moneys allocated
 20 19 for purposes of the enrich Iowa program shall be distributed
 20 20 by the division of libraries and information services to
 20 21 eligible public libraries in the proportion that the number of
 20 22 people residing within an eligible library's geographic
 20 23 service area for whom the library provides services bears to
 20 24 the sum of the number of people living in Iowa.
 20 25    An eligible public library is one that submits a report
 20 26 showing the condition, growth, and development of services
 20 27 provided, participates in state library resource and
 20 28 information sharing programs, is a public library,
 20 29 participates in the state library's open access program, and
 20 30 has an internet use policy in place.
 20 31    TRANSITION TO STATE EMPLOYMENT.  The bill includes
 20 32 transitional language for regional library employees who are
 20 33 becoming state employees under the unified library services
 20 34 district system.  Employees with accrued vacation and sick
 20 35 leave will receive credit for the accrued time and will be
 21  1 permitted to apply for life insurance and health and accident
 21  2 insurance prior to becoming state employees so that they do
 21  3 not suffer a lapse of insurance coverage.  Regional library
 21  4 employees hired between April 1, 2001, and June 30, 2001, are
 21  5 considered probationary until October 1, 2001, by which date
 21  6 the commission shall approve or deny permanent employment to
 21  7 the person.  
 21  8 LSB 2366HC 79
 21  9 kh/cf/24

Text: HSB00189                          Text: HSB00191
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Mar 23 13:35:04 CST 2001
URL: /DOCS/GA/79GA/Legislation/HSB/00100/HSB00190/010228.html
jhf