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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, aregionalunified library 1 7 service area as provided in chapter 256, a county library as 1 8 provided in chapter 336, or a judicial district department of 1 9 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 17regionalunified library service area, 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, aregionalunified library 2 3 service area as provided in chapter 256, and a county library 2 4 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 aregionalunified library service area established 2 23 under chapter 256, by theregionalunified library service 2 24 area board oflibrarytrustees; and for an electric power 2 25 agency as defined in section 28F.2, by the governing body of 2 26 the electric power agency. However, the treasurer of state 2 27 and the treasurer of each political subdivision or the 2 28 designated financial officer of a city shall invest all funds 2 29 not needed for current operating expenses in time certificates 2 30 of deposit in approved depositories pursuant to this chapter 2 31 or in investments permitted by section 12B.10. The list of 2 32 public depositories and the amounts severally deposited in the 2 33 depositories are matters of public record. This subsection 2 34 does not limit the definition of "public funds" contained in 2 35 subsection 2. Notwithstanding provisions of this section to 3 1 the contrary, public funds of a state government deferred 3 2 compensation plan established by the executive council may 3 3 also be invested in the investment products authorized under 3 4 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 board3 24of 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 board3 32of 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 board4 5of 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 thefollowing public4 9offices:county agricultural extension council,or the soil 4 10 and water conservation district commission, or regional4 11library 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 thefollowing offices:county 4 17 agricultural extension council,or the soil and water 4 18 conservation district commission, or regional library board of4 19trustees. 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 theIowa4 23regionalunified librarysystemservice areas, 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 theIowa regionalunified librarysystemservice 4 31 areas at an annual meeting. 4 32 e. Develop, incooperationconsultation with theIowa4 33regionalunified librarysystemservice areas 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, theIowa regionalunified librarysystemservice 5 4 areas, 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 public libraries as an incentive 5 9 to 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 that are in compliance with performance measures 5 16 adopted by rule by the commission. The amount distributed to 5 17 each eligible public library shall be based upon the 5 18 following: 5 19 a. The level of compliance by the eligible public library 5 20 with the performance measures adopted by rule by the 5 21 commission. 5 22 b. The number of people residing within an eligible public 5 23 library's geographic service area for whom the library 5 24 provides services. 5 25 c. The amount of other funding the eligible public library 5 26 received in the previous fiscal year for providing services to 5 27 rural residents and to contracting communities. 5 28 2. For purposes of this section, "eligible public library" 5 29 means a public library that meets all of the following 5 30 requirements: 5 31 a. Submits to the division a report in accordance with 5 32 section 256.51, subsection 1, paragraph "h", an application 5 33 and accreditation report, in a format approved by the 5 34 commission, that provides evidence of the library's compliance 5 35 with at least one level of the standards established in 6 1 accordance with section 256.51, subsection 1, paragraph "k", 6 2 and any other application or report the division deems 6 3 necessary for the implementation of the enrich Iowa program. 6 4 b. Participates in the library resource and information 6 5 sharing programs established by the state library. 6 6 c. Is a public library established by city ordinance or a 6 7 library as provided in chapter 336. 6 8 d. Participates in the state library's open access 6 9 program. 6 10 e. Has an internet use policy in place, which may or may 6 11 not include internet filtering, and submits a report 6 12 describing the library's internet use efforts to the division. 6 13 3. Funds appropriated for purposes of the enrich Iowa 6 14 program shall not be used for the costs of administration by 6 15 the division. 6 16 4. Moneys received by an eligible public library pursuant 6 17 to this section shall be used to supplement, not supplant, any 6 18 other funding received by the library. Each eligible public 6 19 library shall maintain a separate listing within its budget 6 20 for payments received and expenditures made pursuant to this 6 21 section, and shall annually submit the listing to the 6 22 division. 6 23 Sec. 14. Section 256.60, Code 2001, is amended to read as 6 24 follows: 6 25 256.60REGIONALUNIFIED LIBRARYSYSTEMSERVICE AREAS 6 26 ESTABLISHED PURPOSES. 6 27A regionalUnified librarysystem isservice areas are 6 28 established as provided in section 256.61 to provide 6 29 supporting services to libraries, including, but not limited 6 30 to, consulting, continuing education, and interlibrary loan 6 31 and reference services, to assure consistency of service 6 32 statewide, and to encourage local financial support for 6 33 library services. 6 34 Sec. 15. Section 256.61, Code 2001, is amended by striking 6 35 the section and inserting in lieu thereof the following: 7 1 256.61 UNIFIED LIBRARY SERVICE AREAS AND BOARDS OF 7 2 TRUSTEES. 7 3 1. Seven unified library service areas shall serve and 7 4 represent seven geographic regions consisting of the following 7 5 counties: 7 6 a. The southwestern area shall serve and represent the 7 7 counties of Adair, Adams, Audubon, Cass, Clarke, Decatur, 7 8 Fremont, Guthrie, Harrison, Lucas, Mills, Montgomery, Page, 7 9 Pottawattamie, Ringgold, Shelby, Taylor, Union, and Wayne. 7 10 b. The northwestern area shall serve and represent the 7 11 counties of Buena Vista, Calhoun, Carroll, Cherokee, Clay, 7 12 Crawford, Dickinson, Emmet, Ida, Lyon, Monona, O'Brien, 7 13 Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, and 7 14 Woodbury. 7 15 c. The north central area shall serve and represent the 7 16 counties of Cerro Gordo, Floyd, Franklin, Hamilton, Hancock, 7 17 Hardin, Humboldt, Kossuth, Mitchell, Webster, Winnebago, 7 18 Worth, and Wright. 7 19 d. The central area shall serve and represent the counties 7 20 of Boone, Dallas, Greene, Jasper, Madison, Marion, Marshall, 7 21 Polk, Story, and Warren. 7 22 e. The southeastern area shall serve and represent the 7 23 counties of Appanoose, Davis, Des Moines, Henry, Jefferson, 7 24 Keokuk, Lee, Louisa, Mahaska, Monroe, Muscatine, Scott, Van 7 25 Buren, Wapello, and Washington. 7 26 f. The east central area shall serve and represent the 7 27 counties of Benton, Cedar, Clinton, Iowa, Jackson, Johnson, 7 28 Jones, Linn, Poweshiek, and Tama. 7 29 g. The northeastern area shall serve and represent the 7 30 counties of Allamakee, Black Hawk, Bremer, Buchanan, Butler, 7 31 Chickasaw, Clayton, Delaware, Dubuque, Fayette, Grundy, 7 32 Howard, and Winneshiek. 7 33 2. Each area shall have a board of trustees composed of 7 34 seven members, who shall be appointed by the commission of 7 35 libraries, and shall include at least the following: 8 1 a. A representative of an area education agency media 8 2 division. 8 3 b. A public library trustee. 8 4 c. An individual who is employed as a librarian. 8 5 d. A community college representative. 8 6 e. A person representing library patrons. 8 7 f. Two persons representing the public at large. 8 8 3. All appointments shall comply with sections 69.16 and 8 9 69.16A. 8 10 4. The members of each unified library service area board 8 11 shall be appointed to four-year, staggered terms of office. A 8 12 term shall be effective on the first of July of the year of 8 13 appointment and a vacancy shall be filled for the unexpired 8 14 term in the same manner as the original appointment. 8 15 5. The members of a board shall not receive compensation, 8 16 but shall be reimbursed for their actual and necessary 8 17 expenses incurred in the performance of their official duties. 8 18 The expenses of the board members shall be paid from the 8 19 appropriation to the unified library service areas. 8 20 6. Each board shall elect a chairperson and vice 8 21 chairperson annually from among its membership. A board shall 8 22 meet at the call of its chairperson or upon written request of 8 23 a majority of its membership. Four members constitute a 8 24 quorum. The concurrence of a majority of the members of a 8 25 board is required to determine any matter relating to its 8 26 duties. 8 27 Sec. 16. Section 256.66, subsections 4, 6, 8 through 10, 8 28 and 13, Code 2001, are amended to read as follows: 8 29 4. May accept and administer trusts and may authorize 8 30 nonprofit foundations acting solely for the support of the 8 31regionalunified library service area to accept and administer 8 32 trusts deemed by the board to be beneficial to the operation 8 33 of theregionalunified library service area. Notwithstanding 8 34 section 633.63, the board and the nonprofit foundation may act 8 35 as trustees in these instances. The board shall require that 9 1 moneys belonging to a nonprofit foundation be audited 9 2 annually. 9 3 6. May acquire land and construct or lease facilities to 9 4 carry out the provisions ofsections 256.60 through 256.699 5 this part. 9 6 8. Shall provide interlibrary loan and information 9 7 servicesintraregionally, but which are capable of being9 8linked interregionally,throughout the area and across area 9 9 lines according to the standards developed by the commission 9 10 of libraries. 9 11 9. Shall develop and adopt, in cooperation with other 9 12 members of theregionalunified librarysystemservice area 9 13 and the director of the department of education, a long-range 9 14 plan for theregionarea. 9 15 10. Shall prepare, in cooperation with all members of the 9 16regionalunified librarysystemservice area and the director 9 17 of the department of education, an annual plan of service. 9 18 13. May perform other acts necessary to carry out its 9 19 powers and duties undersections 256.60 through 256.69this 9 20 part. 9 21 Sec. 17. Section 256.67, Code 2001, is amended to read as 9 22 follows: 9 23 256.67 DUTIES OF THEREGIONALAREA ADMINISTRATOR. 9 24A regionalAn area administrator, who shall be a state 9 25 employee exempt from the merit provisions of chapter 19A, 9 26 shall: 9 27 1. Act as administrator and executive secretary of the 9 28 region in accordance with the objectives and policies adopted 9 29 by theregionalarea board of trustees and with the intent of 9 30 this chapter. 9 31 2. Organize, staff,and administer theregionalunified 9 32 library service area so as to render the greatest benefit to 9 33 libraries and information services in the area. 9 34 3. Advise and counsel with theregionalarea board of 9 35 trustees and individual libraries in all matters pertaining to 10 1 the improvement of library services in theregionunified 10 2 library service area. 10 3 4. Cooperate with other members of theregionalunified 10 4 librarysystemservice area, the state library of Iowa and 10 5 representatives of the Iowa library community in considering 10 6 and developing plans for the improvement of library services 10 7 in Iowa. 10 8 5. Carry out the policies of theregionalboard of 10 9 trustees not inconsistent with state law. 10 10 6. Employ personnel as state employees as necessary to 10 11 carry out the duties and responsibilities of the unified 10 12 library service area, consistent with the merit system 10 13 provisions of chapter 19A for nonprofessional employees. 10 14 Professional staff of the district are exempt from the merit 10 15 system provisions of chapter 19A. 10 16 Sec. 18. Section 256.67A, Code 2001, is amended by 10 17 striking the section and inserting in lieu thereof the 10 18 following: 10 19 256.67A UNIFIED LIBRARY SERVICE AREA EMPLOYEES. 10 20 1. ACCRUED EMPLOYEE RIGHTS. Persons who were paid 10 21 salaries by a regional library immediately prior to becoming 10 22 state employees in accordance with section 256.67, subsection 10 23 6, shall not forfeit accrued vacation, accrued sick leave, or 10 24 longevity, except as provided in this section. The commission 10 25 shall prescribe rules to provide for the following: 10 26 a. Each person employed pursuant to this section shall 10 27 have to the person's credit as a state employee commencing on 10 28 the date of becoming a state employee the number of accrued 10 29 vacation days and accrued days of sick leave that was credited 10 30 to the person as an employee of a regional library as of the 10 31 end of the day prior to becoming a state employee. However, 10 32 the number of days of sick leave credited to a person under 10 33 this paragraph and eligible to be taken when sick or eligible 10 34 to be received upon retirement shall not respectively exceed 10 35 the maximum number of days, if any, or the maximum dollar 11 1 amount as provided in section 70A.23 that state employees 11 2 generally are entitled to accrue or receive according to rules 11 3 in effect as of the date the person becomes a state employee. 11 4 b. Commencing on the date of becoming a state employee, 11 5 each person employed pursuant to this section is entitled to 11 6 claim the person's most recent continuous period of service in 11 7 regional library employment as state employment for purposes 11 8 of determining the number of days of vacation which the person 11 9 is entitled to earn each year. The actual vacation benefit, 11 10 including the limitation on the maximum accumulated vacation 11 11 leave, shall be determined as provided in section 70A.1 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 2. LIFE, HEALTH, AND DISABILITY INSURANCE. Persons who 11 16 were covered by regional library employee life insurance and 11 17 accident and health insurance plans prior to becoming state 11 18 employees in accordance with section 256.67, subsection 6, 11 19 shall be permitted to apply prior to becoming state employees 11 20 for life insurance and health and accident insurance plans 11 21 that are available to state employees so that those persons do 11 22 not suffer a lapse of insurance coverage as a result of this 11 23 chapter. The commission, after consulting with the department 11 24 of personnel, shall prescribe rules and distribute application 11 25 forms and take other actions as necessary to enable those 11 26 persons to elect to have insurance coverage that is in effect 11 27 on the date of becoming state employees. Commencing on the 11 28 date of becoming a state employee, each person referred to in 11 29 this subsection is entitled to claim the person's most recent 11 30 continuous period of service in full-time regional library 11 31 employment as full-time state employment for purposes of 11 32 determining disability benefits as provided in section 70A.20 11 33 according to rules in effect for state employees of comparable 11 34 longevity, irrespective of any greater or lesser benefit as a 11 35 regional library employee. 12 1 Sec. 19. Section 256.68, subsection 1, unnumbered 12 2 paragraph 1, Code 2001, is amended to read as follows: 12 3 Funds appropriated for the purpose of carrying outsections12 4256.60 through 256.69this part shall beallocated to regional12 5 distributed equally to the unified library service area boards 12 6 by the commission of librariesas follows:. 12 7 Sec. 20. Section 256.68, subsection 1, paragraphs a 12 8 through c, Code 2001, are amended by striking the paragraphs. 12 9 Sec. 21. Section 256.68, subsection 2, Code 2001, is 12 10 amended to read as follows: 12 11 2. In addition to funds received under subsection 1, a 12 12regional librarydistrict board of trustees may individually 12 13 or cooperatively apply to the commission of libraries for 12 14 available grants. 12 15 Sec. 22. Section 273.2, subsection 4, Code 2001, is 12 16 amended to read as follows: 12 17 4. The area education agency board shall provide for 12 18 special education services and media services for the local 12 19 school districts in the area and shall encourage and assist 12 20 school districts in the area to establish programs for gifted 12 21 and talented children. The board shall also provide media 12 22 services center support services in accordance with rules 12 23 adopted by the state board of education. The board shall 12 24 assist in facilitating interlibrary loans of materials between 12 25 school districts and other libraries. Each area education 12 26 agency shall include as a member of its media center advisory 12 27 committee a unified library service area trustee who is 12 28 appointed to the committee by the commission of libraries. 12 29 Sec. 23. Section 273.11, subsection 2, Code 2001, is 12 30 amended by adding the following new paragraph: 12 31 NEW PARAGRAPH. i. Support for school district libraries 12 32 in accordance with section 273.2, subsection 4. 12 33 Sec. 24. Section 304.13A, subsection 2, unnumbered 12 34 paragraph 2, Code 2001, is amended to read as follows: 12 35 For purposes of this section, "public library" means a city 13 1 library, aregionalunified library service area as provided 13 2 in chapter 256, or acountylibrary district as provided in 13 3 chapter 336. 13 4 Sec. 25. Section 336.2, Code 2001, is amended to read as 13 5 follows: 13 6 336.2 LIBRARY DISTRICTS FORMED. 13 7 Acountylibrary district may be established composed of 13 8 onecounty or twoor moreadjacentcountiesand may include or13 9exclude the entirety of a city partly within one of the13 10counties, one or more cities, or any combination of cities and 13 11 counties. 13 12 Eligible electors residing within the proposed district in 13 13 a number not less than five percent of those voting for 13 14 president of the United States or governor, as the case may 13 15 be, withinsaidthe district at the last general election may 13 16 petition the board of supervisors of the countyor counties, 13 17 or the city council, for the establishment ofsuch countythe 13 18 library district.SaidThe petition shall clearly designate 13 19 the area to be included in the district. 13 20 The board of supervisors of each county and the city 13 21 council of each city containing area within the proposed 13 22 district shall submit the proposition to the registered voters 13 23 within their respective counties and cities at any general or 13 24 primary election provided said election occurs not less than 13 25 forty days after the filing of the petition. 13 26 Acountylibrary district shall be established,if a 13 27 majority of the electors voting on the proposition and 13 28 residingoutside of cities maintaining a free publicin the 13 29 proposed library district favoritits establishment. 13 30 The result of the election within cities maintaining a free 13 31 public library shall be considered separately, and no city 13 32 shall be included within the county library district unless a 13 33 majority of its electors, voting on the proposition, favor its 13 34 inclusion. In such cases the boundaries of an established 13 35 district may vary from those of the proposed district. 14 1 After the establishment of acountylibrary district other 14 2 areas may be included by mutual agreement of the board of 14 3 trustees of thecountylibrary district and the governing body 14 4 of the area sought to be included. 14 5 Sec. 26. Section 336.3, Code 2001, is amended to read as 14 6 follows: 14 7 336.3 GIFTS. 14 8 When a gift for library purposes is accepted bythea 14 9 county or city, its use for thecountylibrary may be enforced 14 10 against the board of supervisors or city council by the 14 11 library board by an action of mandamus or by other proper 14 12 action. 14 13 Sec. 27. Section 336.4, Code 2001, is amended to read as 14 14 follows: 14 15 336.4 LIBRARY TRUSTEES. 14 16 In anycounty or countiesarea in which a library district 14 17 has been established in accordance with this chapter, a board 14 18 of library trustees, consisting of five, seven, or nine 14 19 electors of the library district, shall be appointed by the 14 20 boardor boardsof supervisors oftheany county orcounties14 21 city comprisingsuchthe library district. Membership on the 14 22 library board shall be apportioned between the rural and city 14 23 areas of the district in proportion to the population in each 14 24 of such areas. In the event the library district is composed 14 25 of two or more counties, two or more cities, or any 14 26 combination of counties and cities, representation onsaidthe 14 27 library board shall be equitably divided between or amongsaid14 28 the counties and cities in proportion to the population in 14 29 each ofsuchthe counties and cities. 14 30 Sec. 28. Section 336.10, Code 2001, is amended to read as 14 31 follows: 14 32 336.10 LIBRARY FUND. 14 33 All moneys received and set apart for the maintenance of 14 34 the library shall be deposited in the treasury of the county 14 35 or city, as determined by the board of library trustees, and 15 1 paid out upon warrants drawn by the county or city auditor 15 2 upon requisition of the board of trustees, signed by its 15 3 president and secretary. 15 4 Provided that where a free public library is maintained 15 5 jointly by two or more counties or cities or any combination 15 6 of counties and cities, the library trustees may elect a 15 7 library treasurertherefor, and it shall be the duty of the 15 8 city and county treasurers to pay over tosaidthe library 15 9 treasurer any and all library taxes that may be collected by 15 10 them monthly. 15 11SuchThe library treasurer shall be required to furnish a 15 12 bond conditioned as provided by section 64.2 insuchan amount 15 13 as agreed upon by the participating boards of supervisors and 15 14 city councils and the costthereofshall be paid by the 15 15 participating counties and cities. 15 16 Sec. 29. Section 336.11, Code 2001, is amended to read as 15 17 follows: 15 18 336.11 ANNUAL REPORT. 15 19 The board of trustees shall, immediately after the close of 15 20 each fiscal year,makesubmit to the board of supervisors, and 15 21 the city council, as appropriate, a report containing a 15 22 statement of the condition of the library, the number of books 15 23 added thereto, the number circulated, the number not returned 15 24 or lost, the amount of fines collected, and the amount of 15 25 money expended in the maintenance thereof during such year, 15 26 together with such further information as it may deem 15 27 important. 15 28 Sec. 30. Section 336.12, Code 2001, is amended to read as 15 29 follows: 15 30 336.12 REAL ESTATE ACQUIRED. 15 31 In any county or city in which a free library has been 15 32 established, the board of library trustees may purchase real 15 33 estate in the name of the county or city for the location of 15 34 library buildings and branch libraries, and for the purpose of 15 35 enlarging the groundsthereof. 16 1 Sec. 31. Section 336.13, Code 2001, is amended to read as 16 2 follows: 16 3 336.13 MAINTENANCE EXPENSE ON PROPORTIONATE BASIS. 16 4 The maintenance of acountylibrary established in 16 5 accordance with this chapter shall beon the basis of each16 6 apportioned among the participatingunit bearing its share of16 7the total costunits in proportion toits population as16 8compared to the total population ofthecounty library16 9districtassessed valuation of the taxable property in the 16 10 participating unit. The board of library trustees shall make 16 11 an estimate of the amount necessary for the maintenance of the 16 12countylibrary, the sources of direct library revenue, and the 16 13 amount to be contributed from taxes or other revenues by the 16 14 participating city or county and hold a hearing on the 16 15 estimate after notice of the hearing is published as provided 16 16 in section 331.305 or section 362.3, as appropriate. On or 16 17 before January 10 of each year, the board of library trustees 16 18 shall transmit the estimate in dollars to the board of 16 19 supervisors and to the cities participating in the district. 16 20 The unincorporated area of each county in the library district 16 21 shall be considered as a separate supporting unit. Each board 16 22 of supervisors shall review the estimate and appropriate for 16 23 library purposes its share in the county rural services fund 16 24 budget. Each city council shall review the estimate for the 16 25 city and appropriate for library purposes its share in the 16 26 city general fund budget. Each participating city or county 16 27 shall contribute its share from taxation or from other sources 16 28 available for library purposes on an equitable basis. With 16 29 approval of a city council, the county treasurer may withhold 16 30 a reasonable portion of the taxes collected for a city to meet 16 31 the city's contribution for library purposes and deliver a 16 32 receipt to the city clerk for the amount withheld. 16 33 Sec. 32. Section 336.14, Code 2001, is amended to read as 16 34 follows: 16 35 336.14 NOT APPLICABLE TO CONTRACT SERVICE. 17 1 The provisions of this chapter pertaining to the 17 2 establishment of acountylibrary district shall not apply to 17 3 any area receiving library service from any city library, 17 4 unless the petition for acountylibrary district, in addition 17 5 to the required signatures of electors, is signed by the 17 6 governing body of the area receiving library service under 17 7 contract. 17 8 Sec. 33. Section 336.15, Code 2001, is amended to read as 17 9 follows: 17 10 336.15 EXISTING CONTRACTS ASSUMED. 17 11 Whenever acountylibrary district is establishedthein 17 12 accordance with this chapter, its board of trusteesthereof17 13 shall assume all the obligations of the existing contracts 17 14 made by cities, townships, school corporations or counties to 17 15 receive library service from free public libraries. 17 16 Sec. 34. Section 336.16, unnumbered paragraphs 1, 3, 4, 17 17 and 5, Code 2001, are amended to read as follows: 17 18 A city may withdraw from thecountylibrary district upon a 17 19 majority vote in favor of withdrawal by the electorate of the 17 20 city in an election held on a motion by the city council. The 17 21 election shall be held simultaneously with a general or city 17 22 election. Notice of a favorable vote to withdraw shall be 17 23 sent by certified mail to the board of library trustees of the 17 24countylibrary district and the county or city auditor, as 17 25 appropriate, prior to January 10, and the withdrawal shall be 17 26 effective on July 1. 17 27 A city or county election shall not be called until a 17 28 hearing has been held on the proposal to submit a proposition 17 29 of withdrawal to an election. A hearing may be held only 17 30 after public notice published as provided in section 362.3 in 17 31 the case of a city or section 331.305 in the case of a county. 17 32 A copy of the notice submitted for publication shall be mailed 17 33 to thecountylibrary on or before the date of publication. 17 34 The proposal presented at the hearing must include a plan for 17 35 continuing adequate library service with or without all 18 1 participants and the respective allocated costs and levels of 18 2 service shall be stated. At the hearing, any interested 18 3 person shall be given a reasonable time to be heard, either 18 4 for or against the withdrawal or the plan to accompany it. 18 5 Acountylibrary district may be terminated if a majority 18 6 of the electors of the unincorporated area of the county and 18 7 the cities included in thecountylibrary district voting on 18 8 the issue favor the termination. The election shall be held 18 9 upon motion of the board of supervisors and simultaneously 18 10 with a primary, general, or other county election. If the 18 11 vote favors termination, the termination shall be effective on 18 12 the succeeding July 1. 18 13 An election for withdrawal from or termination of acounty18 14 library district shall not be held more than once each four 18 15 years. 18 16 Sec. 35. Section 336.18, subsection 1, Code 2001, is 18 17 amended to read as follows: 18 18 1. A school corporation, township, orcountylibrary 18 19 district may contract for the use by its residents of a city 18 20 library, but if a contract is made by a county board of18 21supervisors or township trustees, it may only be for the18 22residents outside of cities. A contract by a county shall 18 23 supersede all contracts by townships or school corporations 18 24 within the county outside of cities. 18 25 Sec. 36. DEPARTMENT OF MANAGEMENT STUDY. The department 18 26 of management shall coordinate a study of city and county 18 27 support of public library funding. The department, in 18 28 cooperation with the commission of libraries, the Iowa league 18 29 of cities, and the Iowa state association of counties, shall 18 30 determine whether cities and counties are in compliance with 18 31 section 256.69 requirements for support of public libraries, 18 32 identify inequities between city and county funding, and 18 33 determine the adequacy of the current minimum levy. The 18 34 department shall develop a plan to provide those support 18 35 functions and services more effectively and efficiently. The 19 1 department shall submit a report of its findings and 19 2 recommendations to the chairpersons and ranking members of the 19 3 senate and house standing committees on education and the 19 4 joint appropriations subcommittee on education. 19 5 Sec. 37. EXPIRATION OF BOARD MEMBERSHIP. Notwithstanding 19 6 any provision to the contrary, the terms of the regional 19 7 library trustees elected in a general election shall expire on 19 8 July 1, 2001. 19 9 Sec. 38. UNIFIED LIBRARY SERVICE AREA JOB STATUS REVIEW. 19 10 The commission of libraries shall review the staffing needs of 19 11 each unified library service area. Each regional library 19 12 shall submit to the commission a list of employees hired by 19 13 the regional library between April 1, 2001, and June 30, 2001. 19 14 Notwithstanding section 256.67, subsection 6, a person on the 19 15 list shall be considered a probationary employee until October 19 16 1, 2001, by which date the commission shall approve or deny 19 17 permanent employment to the person. 19 18 Sec. 39. Sections 256.62 through 256.65, Code 2001, are 19 19 repealed. 19 20 EXPLANATION 19 21 This bill changes the name of the regional library system 19 22 to the unified library service areas, provides for the 19 23 appointment of the unified library board of trustees rather 19 24 than for election of the trustees, expands the duties of the 19 25 unified areas, requires the state board of education to 19 26 develop a biennial unified plan of service and service 19 27 delivery in consultation with the unified library service 19 28 areas and the area education agency media centers, and 19 29 provides for a statutory means of distributing enrich Iowa 19 30 program moneys to eligible libraries. 19 31 REGIONAL LIBRARY CHANGEOVER. Current law requires regional 19 32 libraries to provide supporting services to libraries. The 19 33 bill provides that the services shall include consulting, 19 34 continuing education, interlibrary loan and reference 19 35 services, and assured consistency of service statewide. The 20 1 unified library trustees are chosen from geographic areas 20 2 drawn upon the same county lines as the regional system. 20 3 Currently, the trustees are elected. The bill requires the 20 4 commission of libraries to appoint the trustees. 20 5 Board membership shall include at least a representative of 20 6 an area education agency media division, a public library 20 7 trustee, a librarian, a community college representative, a 20 8 person representing library patrons, and two persons 20 9 representing the public at large. The terms of regional 20 10 library trustees elected in a general election expire on July 20 11 1, 2001. 20 12 STATE EMPLOYEES. Under the bill, unified library service 20 13 area employees will be employees of the state. 20 14 AREA EDUCATION AGENCY MEDIA SERVICES SUPPORT TO SCHOOL 20 15 LIBRARIES. The bill describes the media services that area 20 16 education agency boards (AEA) are required to provide to local 20 17 school districts to include interlibrary loan libraries. The 20 18 bill allows the commission of libraries to appoint as a member 20 19 of an AEA media services advisory committee a trustee of a 20 20 unified library service area. The bill includes support for 20 21 school district libraries in standards that an AEA must meet 20 22 in order to receive state accreditation. 20 23 MULTICOUNTY, MULTICITY, OR MULTICOUNTY AND CITY LIBRARIES. 20 24 The bill amends the Code chapter that provides for the 20 25 establishment of county library districts to allow a library 20 26 district to be established by one or more counties, one or 20 27 more cities, or any combination of cities and counties. 20 28 ENRICH IOWA. The bill places in statute the formula used 20 29 to distribute moneys appropriated by the general assembly for 20 30 purposes of the enrich Iowa program. 20 31 To the formula used to distribute enrich Iowa moneys in 20 32 previous years, the bill adds the requirement that an eligible 20 33 library participates in the state library's open access 20 34 program. 20 35 DEPARTMENT OF MANAGEMENT STUDY. The bill directs the 21 1 department of management to coordinate a study of city and 21 2 county support of public library funding. 21 3 TRANSITION TO STATE EMPLOYMENT. The bill includes 21 4 transitional language for regional library employees who are 21 5 becoming state employees under the unified library service 21 6 area system. Employees with accrued vacation and sick leave 21 7 will receive credit for the accrued time and will be permitted 21 8 to apply for life insurance and health and accident insurance 21 9 prior to becoming state employees so that they do not suffer a 21 10 lapse of insurance coverage. Regional library employees hired 21 11 between April 1, 2001, and June 30, 2001, are considered 21 12 probationary until October 1, 2001, by which date the 21 13 commission shall approve or deny permanent employment to the 21 14 person. 21 15 LSB 3141XS 79 21 16 kh/cf/24.1
Text: SF00422 Text: SF00424 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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