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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, aregionallibrary service area 1 7 as provided in chapter 256, a county library as provided in 1 8 chapter 336, or a judicial district department of correctional 1 9 services established in section 905.2, to the extent provided 1 10 in section 8D.13, subsection 15, an agency of the federal 1 11 government, or a United States post office which receives a 1 12 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 17regionallibrary service area, county library, judicial 1 18 branch, judicial district department of correctional services, 1 19 agency of the federal government, a hospital or physician 1 20 clinic, or a post office authorized to be offered access 1 21 pursuant to this chapter as of May 18, 1994, shall certify to 1 22 the commission no later than July 1, 1994, that the agency is 1 23 a part of or intends to become a part of the network. Upon 1 24 receiving such certification from an agency not a part of the 1 25 network on May 18, 1994, the commission shall provide for the 1 26 connection of such agency as soon as practical. An agency 1 27 which does not certify to the commission that the agency is a 1 28 part of or intends to become a part of the network as required 1 29 by this subsection shall be prohibited from using the network. 1 30 Sec. 3. Section 8D.11, subsection 4, Code 2001, is amended 1 31 to read as follows: 1 32 4. A political subdivision receiving communications 1 33 services from the state as of April 1, 1986, may continue to 1 34 do so but communications services shall not be provided or 1 35 resold to additional political subdivisions other than a 2 1 school corporation, a city library, aregionallibrary service 2 2 area as provided in chapter 256, and a county library as 2 3 provided in chapter 336. The rates charged to the political 2 4 subdivision shall be the same as the rates charged to state 2 5 agencies. 2 6 Sec. 4. Section 12C.1, subsection 1, Code 2001, is amended 2 7 to read as follows: 2 8 1. All funds held by the following officers or 2 9 institutions shall be deposited in one or more depositories 2 10 first approved by the appropriate governing body as indicated: 2 11 for the treasurer of state, by the executive council; for 2 12 judicial officers and court employees, by the supreme court; 2 13 for the county treasurer, recorder, auditor, and sheriff, by 2 14 the board of supervisors; for the city treasurer or other 2 15 designated financial officer of a city, by the city council; 2 16 for the county public hospital or merged area hospital, by the 2 17 board of hospital trustees; for a memorial hospital, by the 2 18 memorial hospital commission; for a school corporation, by the 2 19 board of school directors; for a city utility or combined 2 20 utility system established under chapter 388, by the utility 2 21 board; for aregionallibrary service area established under 2 22 chapter 256, by theregionallibrary service area board of 2 23librarytrustees; and for an electric power agency as defined 2 24 in section 28F.2, by the governing body of the electric power 2 25 agency. However, the treasurer of state and the treasurer of 2 26 each political subdivision or the designated financial officer 2 27 of a city shall invest all funds not needed for current 2 28 operating expenses in time certificates of deposit in approved 2 29 depositories pursuant to this chapter or in investments 2 30 permitted by section 12B.10. The list of public depositories 2 31 and the amounts severally deposited in the depositories are 2 32 matters of public record. This subsection does not limit the 2 33 definition of "public funds" contained in subsection 2. 2 34 Notwithstanding provisions of this section to the contrary, 2 35 public funds of a state government deferred compensation plan 3 1 established by the executive council may also be invested in 3 2 the investment products authorized under section 509A.12. 3 3 Sec. 5. Section 39.11, Code 2001, is amended to read as 3 4 follows: 3 5 39.11 MORE THAN ONE OFFICE PROHIBITED. 3 6 Statewide elected officials and members of the general 3 7 assembly shall not hold more than one elective office at a 3 8 time. All other elected officials shall not hold more than 3 9 one elective office at the same level of government at a time. 3 10 This section does not apply to the following offices: county 3 11 agricultural extension council,or soil and water conservation 3 12 district commission, or regional library board of trustees. 3 13 Sec. 6. Section 39.21, subsection 1, Code 2001, is amended 3 14 by striking the subsection. 3 15 Sec. 7. Section 43.67, subsection 8, Code 2001, is amended 3 16 to read as follows: 3 17 8. A statement that the candidate is aware of the 3 18 prohibition in section 49.41 against being a candidate for 3 19 more than one office to be filled at the same election, except 3 20 county agricultural extension council,and soil and water 3 21 conservation district commission, and regional library board3 22of trustees. 3 23 Sec. 8. Section 44.3, subsection 2, paragraph h, Code 3 24 2001, is amended to read as follows: 3 25 h. A statement that the candidate is aware of the 3 26 prohibition in section 49.41 against being a candidate for 3 27 more than one office to be filled at the same election, except 3 28 county agricultural extension council,and soil and water 3 29 conservation district commission, and regional library board3 30of trustees. 3 31 Sec. 9. Section 45.3, subsection 8, Code 2001, is amended 3 32 to read as follows: 3 33 8. A statement that the candidate is aware of the 3 34 prohibition in section 49.41 against being a candidate for 3 35 more than one office to be filled at the same election, except 4 1 county agricultural extension council,and soil and water 4 2 conservation district commission, and regional library board4 3of trustees. 4 4 Sec. 10. Section 49.41, unnumbered paragraph 6, Code 2001, 4 5 is amended to read as follows: 4 6 This section does not apply to thefollowing public4 7offices:county agricultural extension council,or the soil 4 8 and water conservation district commission, or regional4 9library board of trustees. 4 10 Sec. 11. Section 69.2, subsection 8, Code 2001, is amended 4 11 to read as follows: 4 12 8. The incumbent simultaneously holding more than one 4 13 elective office at the same level of government. This 4 14 subsection does not apply to thefollowing offices:county 4 15 agricultural extension council,or the soil and water 4 16 conservation district commission, or regional library board of4 17trustees. 4 18 Sec. 12. Section 256.51, subsection 1, paragraphs d, e, 4 19 and k, Code 2001, are amended to read as follows: 4 20 d. Develop and adopt, in conjunction with theIowa4 21regionallibrarysystemservice areas, long-range plans for 4 22 the continued improvement of library services and which will 4 23 explore or broaden the information mission in the state. To 4 24 insure that the concerns of all types of libraries are 4 25 addressed, the division shall establish a long-range planning 4 26 committee to review and evaluate progress and report findings 4 27 and recommendations to the division and to the trustees of the 4 28Iowa regionallibrarysystemservice areas at an annual 4 29 meeting. 4 30 e. Develop, incooperationconsultation with theIowa4 31regionallibrarysystemservice areas and the area education 4 32 agency media centers, a biennial unified plan of service and 4 33 service delivery for the division of libraries and information 4 34 services. 4 35 k. Establish and administer standards for state agency 5 1 libraries, theIowa regionallibrarysystemservice areas, and 5 2 public libraries. 5 3 Sec. 13. NEW SECTION. 256.57 ENRICH IOWA PROGRAM FUNDS 5 4 DISTRIBUTION. 5 5 1. An enrich Iowa program is established to provide direct 5 6 state assistance to eligible public libraries as an incentive 5 7 to improve library services and reduce inequities among 5 8 communities in the delivery of library services based on 5 9 recognized and adopted performance measures. Funds 5 10 appropriated by the general assembly for purposes of the 5 11 enrich Iowa program shall be distributed by the division of 5 12 libraries and information services to eligible public 5 13 libraries that are in compliance with performance measures 5 14 adopted by rule by the commission. The amount distributed to 5 15 each eligible public library shall be based upon the 5 16 following: 5 17 a. The level of compliance by the eligible public library 5 18 with the performance measures adopted by rule by the 5 19 commission. 5 20 b. The number of people residing within an eligible public 5 21 library's geographic service area for whom the library 5 22 provides services. 5 23 c. The amount of other funding the eligible public library 5 24 received in the previous fiscal year for providing services to 5 25 rural residents and to contracting communities. 5 26 2. For purposes of this section, "eligible public library" 5 27 means a public library that meets all of the following 5 28 requirements: 5 29 a. Submits to the division a report in accordance with 5 30 section 256.51, subsection 1, paragraph "h", an application 5 31 and accreditation report, in a format approved by the 5 32 commission, that provides evidence of the library's compliance 5 33 with at least one level of the standards established in 5 34 accordance with section 256.51, subsection 1, paragraph "k", 5 35 and any other application or report the division deems 6 1 necessary for the implementation of the enrich Iowa program. 6 2 b. Participates in the library resource and information 6 3 sharing programs established by the state library. 6 4 c. Is a public library established by city ordinance or a 6 5 library as provided in chapter 336. 6 6 d. Has an internet use policy in place, which may or may 6 7 not include internet filtering, and submits a report 6 8 describing the library's internet use efforts to the division. 6 9 3. Funds appropriated for purposes of the enrich Iowa 6 10 program shall not be used for the costs of administration by 6 11 the division. 6 12 4. Moneys received by an eligible public library pursuant 6 13 to this section shall be used to supplement, not supplant, any 6 14 other funding received by the library. Each eligible public 6 15 library shall maintain a separate listing within its budget 6 16 for payments received and expenditures made pursuant to this 6 17 section, and shall annually submit the listing to the 6 18 division. 6 19 Sec. 14. Section 256.60, Code 2001, is amended to read as 6 20 follows: 6 21 256.60REGIONALLIBRARYSYSTEMSERVICE AREAS ESTABLISHED 6 22 – PURPOSES. 6 23A regional library system isLibrary service areas are 6 24 established as provided in section 256.61 to provide 6 25 supporting services to libraries, including, but not limited 6 26 to, consulting, continuing education, and interlibrary loan 6 27 and reference services, to assure consistency of service 6 28 statewide, and to encourage local financial support for 6 29 library services. 6 30 Sec. 15. Section 256.61, Code 2001, is amended by striking 6 31 the section and inserting in lieu thereof the following: 6 32 256.61 LIBRARY SERVICE AREAS AND BOARDS OF TRUSTEES. 6 33 1. Seven library service areas shall serve and represent 6 34 seven geographic regions consisting of the following counties: 6 35 a. The southwestern area shall serve and represent the 7 1 counties of Adair, Adams, Audubon, Cass, Clarke, Decatur, 7 2 Fremont, Guthrie, Harrison, Lucas, Mills, Montgomery, Page, 7 3 Pottawattamie, Ringgold, Shelby, Taylor, Union, and Wayne. 7 4 b. The northwestern area shall serve and represent the 7 5 counties of Buena Vista, Calhoun, Carroll, Cherokee, Clay, 7 6 Crawford, Dickinson, Emmet, Ida, Lyon, Monona, O'Brien, 7 7 Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, and 7 8 Woodbury. 7 9 c. The north central area shall serve and represent the 7 10 counties of Cerro Gordo, Floyd, Franklin, Hamilton, Hancock, 7 11 Hardin, Humboldt, Kossuth, Mitchell, Webster, Winnebago, 7 12 Worth, and Wright. 7 13 d. The central area shall serve and represent the counties 7 14 of Boone, Dallas, Greene, Jasper, Madison, Marion, Marshall, 7 15 Polk, Story, and Warren. 7 16 e. The southeastern area shall serve and represent the 7 17 counties of Appanoose, Davis, Des Moines, Henry, Jefferson, 7 18 Keokuk, Lee, Louisa, Mahaska, Monroe, Muscatine, Scott, Van 7 19 Buren, Wapello, and Washington. 7 20 f. The east central area shall serve and represent the 7 21 counties of Benton, Cedar, Clinton, Iowa, Jackson, Johnson, 7 22 Jones, Linn, Poweshiek, and Tama. 7 23 g. The northeastern area shall serve and represent the 7 24 counties of Allamakee, Black Hawk, Bremer, Buchanan, Butler, 7 25 Chickasaw, Clayton, Delaware, Dubuque, Fayette, Grundy, 7 26 Howard, and Winneshiek. 7 27 2. Each area shall have a board of trustees composed of 7 28 seven members, who shall be appointed by the commission of 7 29 libraries, and shall include at least the following: 7 30 a. A representative of an area education agency media 7 31 division. 7 32 b. A public library trustee. 7 33 c. An individual who is employed as a librarian. 7 34 d. A community college representative. 7 35 e. A person representing library patrons. 8 1 f. Two persons representing the public at large. 8 2 3. All appointments shall comply with sections 69.16 and 8 3 69.16A. 8 4 4. The members of each library service area board shall be 8 5 appointed to four-year, staggered terms of office. A term 8 6 shall be effective on the first of July of the year of 8 7 appointment and a vacancy shall be filled for the unexpired 8 8 term in the same manner as the original appointment. 8 9 5. The members of a board shall not receive compensation, 8 10 but shall be reimbursed for their actual and necessary 8 11 expenses incurred in the performance of their official duties. 8 12 The expenses of the board members shall be paid from the 8 13 appropriation to the library service areas. 8 14 6. Each board shall elect a chairperson and vice 8 15 chairperson annually from among its membership. A board shall 8 16 meet at the call of its chairperson or upon written request of 8 17 a majority of its membership. Four members constitute a 8 18 quorum. The concurrence of a majority of the members of a 8 19 board is required to determine any matter relating to its 8 20 duties. 8 21 Sec. 16. Section 256.66, subsections 4, 6, 8 through 10, 8 22 and 13, Code 2001, are amended to read as follows: 8 23 4. May accept and administer trusts and may authorize 8 24 nonprofit foundations acting solely for the support of the 8 25regionallibrary service area to accept and administer trusts 8 26 deemed by the board to be beneficial to the operation of the 8 27regionallibrary service area. Notwithstanding section 8 28 633.63, the board and the nonprofit foundation may act as 8 29 trustees in these instances. The board shall require that 8 30 moneys belonging to a nonprofit foundation be audited 8 31 annually. 8 32 6. May acquire land and construct or lease facilities to 8 33 carry out the provisions ofsections 256.60 through 256.698 34 this part. 8 35 8. Shall provide interlibrary loan and information 9 1 servicesintraregionally, but which are capable of being9 2linked interregionally,throughout the area and across area 9 3 lines according to the standards developed by the commission 9 4 of libraries. 9 5 9. Shall develop and adopt, in cooperation with other 9 6 members of theregionallibrarysystemservice area and the 9 7 director of the department of education, a long-range plan for 9 8 theregionarea. 9 9 10. Shall prepare, in cooperation with all members of the 9 10regionallibrarysystemservice area and the director of the 9 11 department of education, an annual plan of service. 9 12 13. May perform other acts necessary to carry out its 9 13 powers and duties undersections 256.60 through 256.69this 9 14 part. 9 15 Sec. 17. Section 256.67, Code 2001, is amended to read as 9 16 follows: 9 17 256.67 DUTIES OF THEREGIONALAREA ADMINISTRATOR. 9 18A regionalAn area administrator, who shall be a state 9 19 employee exempt from the merit provisions of chapter 19A, 9 20 shall: 9 21 1. Act as administrator and executive secretary of the 9 22 region in accordance with the objectives and policies adopted 9 23 by theregionalarea board of trustees and with the intent of 9 24 this chapter. 9 25 2. Organize, staff,and administer theregionallibrary 9 26 service area so as to render the greatest benefit to libraries 9 27 and information services in the area. 9 28 3. Advise and counsel with theregionalarea board of 9 29 trustees and individual libraries in all matters pertaining to 9 30 the improvement of library services in theregionlibrary 9 31 service area. 9 32 4. Cooperate with other members of theregionallibrary 9 33systemservice area, the state library of Iowa and 9 34 representatives of the Iowa library community in considering 9 35 and developing plans for the improvement of library services 10 1 in Iowa. 10 2 5. Carry out the policies of theregionalboard of 10 3 trustees not inconsistent with state law. 10 4 6. Employ personnel as state employees as necessary to 10 5 carry out the duties and responsibilities of the library 10 6 service area, consistent with the merit system provisions of 10 7 chapter 19A for nonprofessional employees. Professional staff 10 8 of the district are exempt from the merit system provisions of 10 9 chapter 19A. 10 10 Sec. 18. Section 256.67A, Code 2001, is amended by 10 11 striking the section and inserting in lieu thereof the 10 12 following: 10 13 256.67A LIBRARY SERVICE AREA EMPLOYEES. 10 14 1. ACCRUED EMPLOYEE RIGHTS. Persons who were paid 10 15 salaries by a regional library immediately prior to becoming 10 16 state employees in accordance with section 256.67, subsection 10 17 6, shall not forfeit accrued vacation, accrued sick leave, or 10 18 longevity, except as provided in this section. The commission 10 19 shall prescribe rules to provide for the following: 10 20 a. Each person employed pursuant to this section shall 10 21 have to the person's credit as a state employee commencing on 10 22 the date of becoming a state employee the number of accrued 10 23 vacation days and accrued days of sick leave that was credited 10 24 to the person as an employee of a regional library as of the 10 25 end of the day prior to becoming a state employee. However, 10 26 the number of days of sick leave credited to a person under 10 27 this paragraph and eligible to be taken when sick or eligible 10 28 to be received upon retirement shall not respectively exceed 10 29 the maximum number of days, if any, or the maximum dollar 10 30 amount as provided in section 70A.23 that state employees 10 31 generally are entitled to accrue or receive according to rules 10 32 in effect as of the date the person becomes a state employee. 10 33 b. Commencing on the date of becoming a state employee, 10 34 each person employed pursuant to this section is entitled to 10 35 claim the person's most recent continuous period of service in 11 1 regional library employment as state employment for purposes 11 2 of determining the number of days of vacation which the person 11 3 is entitled to earn each year. The actual vacation benefit, 11 4 including the limitation on the maximum accumulated vacation 11 5 leave, shall be determined as provided in section 70A.1 11 6 according to rules in effect for state employees of comparable 11 7 longevity, irrespective of any greater or lesser benefit as a 11 8 regional library employee. 11 9 2. LIFE, HEALTH, AND DISABILITY INSURANCE. Persons who 11 10 were covered by regional library employee life insurance and 11 11 accident and health insurance plans prior to becoming state 11 12 employees in accordance with section 256.67, subsection 6, 11 13 shall be permitted to apply prior to becoming state employees 11 14 for life insurance and health and accident insurance plans 11 15 that are available to state employees so that those persons do 11 16 not suffer a lapse of insurance coverage as a result of this 11 17 chapter. The commission, after consulting with the department 11 18 of personnel, shall prescribe rules and distribute application 11 19 forms and take other actions as necessary to enable those 11 20 persons to elect to have insurance coverage that is in effect 11 21 on the date of becoming state employees. Commencing on the 11 22 date of becoming a state employee, each person referred to in 11 23 this subsection is entitled to claim the person's most recent 11 24 continuous period of service in full-time regional library 11 25 employment as full-time state employment for purposes of 11 26 determining disability benefits as provided in section 70A.20 11 27 according to rules in effect for state employees of comparable 11 28 longevity, irrespective of any greater or lesser benefit as a 11 29 regional library employee. 11 30 Sec. 19. Section 256.68, subsection 1, unnumbered 11 31 paragraph 1, Code 2001, is amended to read as follows: 11 32 Funds appropriated for the purpose of carrying outsections11 33256.60 through 256.69this part shall beallocated to regional11 34 distributed equally to the library service area boards by the 11 35 commission of librariesas follows:. 12 1 Sec. 20. Section 256.68, subsection 1, paragraphs a 12 2 through c, Code 2001, are amended by striking the paragraphs. 12 3 Sec. 21. Section 256.68, subsection 2, Code 2001, is 12 4 amended to read as follows: 12 5 2. In addition to funds received under subsection 1, a 12 6regional librarydistrict board of trustees may individually 12 7 or cooperatively apply to the commission of libraries for 12 8 available grants. 12 9 Sec. 22. Section 273.2, subsection 4, Code 2001, is 12 10 amended to read as follows: 12 11 4. The area education agency board shall provide for 12 12 special education services and media services for the local 12 13 school districts in the area and shall encourage and assist 12 14 school districts in the area to establish programs for gifted 12 15 and talented children. The board shall also provide media 12 16 services center support services in accordance with rules 12 17 adopted by the state board of education. The board shall 12 18 assist in facilitating interlibrary loans of materials between 12 19 school districts and other libraries. Each area education 12 20 agency shall include as a member of its media center advisory 12 21 committee a library service area trustee who is appointed to 12 22 the committee by the commission of libraries. 12 23 Sec. 23. Section 273.11, subsection 2, Code 2001, is 12 24 amended by adding the following new paragraph: 12 25 NEW PARAGRAPH. i. Support for school district libraries 12 26 in accordance with section 273.2, subsection 4. 12 27 Sec. 24. Section 304.13A, subsection 2, unnumbered 12 28 paragraph 2, Code 2001, is amended to read as follows: 12 29 For purposes of this section, "public library" means a city 12 30 library, aregionallibrary service area as provided in 12 31 chapter 256, or acountylibrary district as provided in 12 32 chapter 336. 12 33 Sec. 25. Section 336.2, Code 2001, is amended to read as 12 34 follows: 12 35 336.2 LIBRARY DISTRICTS FORMED. 13 1 Acountylibrary district may be established composed of 13 2 onecounty or twoor moreadjacentcountiesand may include or13 3exclude the entirety of a city partly within one of the13 4counties, one or more cities, or any combination of cities and 13 5 counties. 13 6 Eligible electors residing within the proposed district in 13 7 a number not less than five percent of those voting for 13 8 president of the United States or governor, as the case may 13 9 be, withinsaidthe district at the last general election may 13 10 petition the board of supervisors of the countyor counties, 13 11 or the city council, for the establishment ofsuch countythe 13 12 library district.SaidThe petition shall clearly designate 13 13 the area to be included in the district. 13 14 The board of supervisors of each county and the city 13 15 council of each city containing area within the proposed 13 16 district shall submit the proposition to the registered voters 13 17 within their respective counties and cities at any general or 13 18 primary election provided said election occurs not less than 13 19 forty days after the filing of the petition. 13 20 Acountylibrary district shall be established,if a 13 21 majority of the electors voting on the proposition and 13 22 residingoutside of cities maintaining a free publicin the 13 23 proposed library district favoritits establishment. 13 24 The result of the election within cities maintaining a free 13 25 public library shall be considered separately, and no city 13 26 shall be included within the county library district unless a 13 27 majority of its electors, voting on the proposition, favor its 13 28 inclusion. In such cases the boundaries of an established 13 29 district may vary from those of the proposed district. 13 30 After the establishment of acountylibrary district other 13 31 areas may be included by mutual agreement of the board of 13 32 trustees of thecountylibrary district and the governing body 13 33 of the area sought to be included. 13 34 Sec. 26. Section 336.3, Code 2001, is amended to read as 13 35 follows: 14 1 336.3 GIFTS. 14 2 When a gift for library purposes is accepted bythea 14 3 county or city, its use for thecountylibrary may be enforced 14 4 against the board of supervisors or city council by the 14 5 library board by an action of mandamus or by other proper 14 6 action. 14 7 Sec. 27. Section 336.4, Code 2001, is amended to read as 14 8 follows: 14 9 336.4 LIBRARY TRUSTEES. 14 10 In anycounty or countiesarea in which a library district 14 11 has been established in accordance with this chapter, a board 14 12 of library trustees, consisting of five, seven, or nine 14 13 electors of the library district, shall be appointed by the 14 14 boardor boardsof supervisors oftheany county orcounties14 15 city comprisingsuchthe library district. Membership on the 14 16 library board shall be apportioned between the rural and city 14 17 areas of the district in proportion to the population in each 14 18 of such areas. In the event the library district is composed 14 19 of two or more counties, two or more cities, or any 14 20 combination of counties and cities, representation onsaidthe 14 21 library board shall be equitably divided between or amongsaid14 22 the counties and cities in proportion to the population in 14 23 each ofsuchthe counties and cities. 14 24 Sec. 28. Section 336.10, Code 2001, is amended to read as 14 25 follows: 14 26 336.10 LIBRARY FUND. 14 27 All moneys received and set apart for the maintenance of 14 28 the library shall be deposited in the treasury of the county 14 29 or city, as determined by the board of library trustees, and 14 30 paid out upon warrants drawn by the county or city auditor 14 31 upon requisition of the board of trustees, signed by its 14 32 president and secretary. 14 33 Provided that where a free public library is maintained 14 34 jointly by two or more counties or cities or any combination 14 35 of counties and cities, the library trustees may elect a 15 1 library treasurertherefor, and it shall be the duty of the 15 2 city and county treasurers to pay over tosaidthe library 15 3 treasurer any and all library taxes that may be collected by 15 4 them monthly. 15 5SuchThe library treasurer shall be required to furnish a 15 6 bond conditioned as provided by section 64.2 insuchan amount 15 7 as agreed upon by the participating boards of supervisors and 15 8 city councils and the costthereofshall be paid by the 15 9 participating counties and cities. 15 10 Sec. 29. Section 336.11, Code 2001, is amended to read as 15 11 follows: 15 12 336.11 ANNUAL REPORT. 15 13 The board of trustees shall, immediately after the close of 15 14 each fiscal year,makesubmit to the board of supervisors, and 15 15 the city council, as appropriate, a report containing a 15 16 statement of the condition of the library, the number of books 15 17 added thereto, the number circulated, the number not returned 15 18 or lost, the amount of fines collected, and the amount of 15 19 money expended in the maintenance thereof during such year, 15 20 together with such further information as it may deem 15 21 important. 15 22 Sec. 30. Section 336.12, Code 2001, is amended to read as 15 23 follows: 15 24 336.12 REAL ESTATE ACQUIRED. 15 25 In any county or city in which a free library has been 15 26 established, the board of library trustees may purchase real 15 27 estate in the name of the county or city for the location of 15 28 library buildings and branch libraries, and for the purpose of 15 29 enlarging the groundsthereof. 15 30 Sec. 31. Section 336.13, Code 2001, is amended to read as 15 31 follows: 15 32 336.13 MAINTENANCE EXPENSE ON PROPORTIONATE BASIS. 15 33 The maintenance of acountylibrary established in 15 34 accordance with this chapter shall beon the basis of each15 35 apportioned among the participatingunit bearing its share of16 1the total costunits in proportion toits population as16 2compared to the total population ofthecounty library16 3districtassessed valuation of the taxable property in the 16 4 participating unit. The board of library trustees shall make 16 5 an estimate of the amount necessary for the maintenance of the 16 6countylibrary, the sources of direct library revenue, and the 16 7 amount to be contributed from taxes or other revenues by the 16 8 participating city or county and hold a hearing on the 16 9 estimate after notice of the hearing is published as provided 16 10 in section 331.305 or section 362.3, as appropriate. On or 16 11 before January 10 of each year, the board of library trustees 16 12 shall transmit the estimate in dollars to the board of 16 13 supervisors and to the cities participating in the district. 16 14 The unincorporated area of each county in the library district 16 15 shall be considered as a separate supporting unit. Each board 16 16 of supervisors shall review the estimate and appropriate for 16 17 library purposes its share in the county rural services fund 16 18 budget. Each city council shall review the estimate for the 16 19 city and appropriate for library purposes its share in the 16 20 city general fund budget. Each participating city or county 16 21 shall contribute its share from taxation or from other sources 16 22 available for library purposes on an equitable basis. With 16 23 approval of a city council, the county treasurer may withhold 16 24 a reasonable portion of the taxes collected for a city to meet 16 25 the city's contribution for library purposes and deliver a 16 26 receipt to the city clerk for the amount withheld. 16 27 Sec. 32. Section 336.14, Code 2001, is amended to read as 16 28 follows: 16 29 336.14 NOT APPLICABLE TO CONTRACT SERVICE. 16 30 The provisions of this chapter pertaining to the 16 31 establishment of acountylibrary district shall not apply to 16 32 any area receiving library service from any city library, 16 33 unless the petition for acountylibrary district, in addition 16 34 to the required signatures of electors, is signed by the 16 35 governing body of the area receiving library service under 17 1 contract. 17 2 Sec. 33. Section 336.15, Code 2001, is amended to read as 17 3 follows: 17 4 336.15 EXISTING CONTRACTS ASSUMED. 17 5 Whenever acountylibrary district is establishedthein 17 6 accordance with this chapter, its board of trusteesthereof17 7 shall assume all the obligations of the existing contracts 17 8 made by cities, townships, school corporations or counties to 17 9 receive library service from free public libraries. 17 10 Sec. 34. Section 336.16, unnumbered paragraphs 1, 3, 4, 17 11 and 5, Code 2001, are amended to read as follows: 17 12 A city may withdraw from thecountylibrary district upon a 17 13 majority vote in favor of withdrawal by the electorate of the 17 14 city in an election held on a motion by the city council. The 17 15 election shall be held simultaneously with a general or city 17 16 election. Notice of a favorable vote to withdraw shall be 17 17 sent by certified mail to the board of library trustees of the 17 18countylibrary district and the county or city auditor, as 17 19 appropriate, prior to January 10, and the withdrawal shall be 17 20 effective on July 1. 17 21 A city or county election shall not be called until a 17 22 hearing has been held on the proposal to submit a proposition 17 23 of withdrawal to an election. A hearing may be held only 17 24 after public notice published as provided in section 362.3 in 17 25 the case of a city or section 331.305 in the case of a county. 17 26 A copy of the notice submitted for publication shall be mailed 17 27 to thecountylibrary on or before the date of publication. 17 28 The proposal presented at the hearing must include a plan for 17 29 continuing adequate library service with or without all 17 30 participants and the respective allocated costs and levels of 17 31 service shall be stated. At the hearing, any interested 17 32 person shall be given a reasonable time to be heard, either 17 33 for or against the withdrawal or the plan to accompany it. 17 34 Acountylibrary district may be terminated if a majority 17 35 of the electors of the unincorporated area of the county and 18 1 the cities included in thecountylibrary district voting on 18 2 the issue favor the termination. The election shall be held 18 3 upon motion of the board of supervisors and simultaneously 18 4 with a primary, general, or other county election. If the 18 5 vote favors termination, the termination shall be effective on 18 6 the succeeding July 1. 18 7 An election for withdrawal from or termination of acounty18 8 library district shall not be held more than once each four 18 9 years. 18 10 Sec. 35. Section 336.18, subsection 1, Code 2001, is 18 11 amended to read as follows: 18 12 1. A school corporation, township, orcountylibrary 18 13 district may contract for the use by its residents of a city 18 14 library, but if a contract is made by a county board of18 15supervisors or township trustees, it may only be for the18 16residents outside of cities. A contract by a county shall 18 17 supersede all contracts by townships or school corporations 18 18 within the county outside of cities. 18 19 Sec. 36. DEPARTMENT OF MANAGEMENT STUDY. The department 18 20 of management shall coordinate a study of city and county 18 21 support of public library funding. The department, in 18 22 cooperation with the commission of libraries, the Iowa league 18 23 of cities, and the Iowa state association of counties, shall 18 24 determine whether cities and counties are in compliance with 18 25 section 256.69 requirements for support of public libraries, 18 26 identify inequities between city and county funding, and 18 27 determine the adequacy of the current minimum levy. The 18 28 department shall develop a plan to provide those support 18 29 functions and services more effectively and efficiently. The 18 30 department shall submit a report of its findings and 18 31 recommendations to the chairpersons and ranking members of the 18 32 senate and house standing committees on education and the 18 33 joint appropriations subcommittee on education. 18 34 Sec. 37. EXPIRATION OF BOARD MEMBERSHIP. Notwithstanding 18 35 any provision to the contrary, the terms of the regional 19 1 library trustees elected in a general election shall expire on 19 2 July 1, 2001. 19 3 Sec. 38. LIBRARY SERVICE AREA JOB STATUS REVIEW. The 19 4 commission of libraries shall review the staffing needs of 19 5 each library service area. Each regional library shall submit 19 6 to the commission a list of employees hired by the regional 19 7 library between April 1, 2001, and June 30, 2001. 19 8 Notwithstanding section 256.67, subsection 6, a person on the 19 9 list shall be considered a probationary employee until October 19 10 1, 2001, by which date the commission shall approve or deny 19 11 permanent employment to the person. 19 12 Sec. 39. Sections 256.62 through 256.65, Code 2001, are 19 13 repealed. 19 14 EXPLANATION 19 15 This bill changes the name of the regional library system 19 16 to library service areas, provides for the appointment of the 19 17 library board of trustees rather than for election of the 19 18 trustees, expands the duties of the areas, requires the state 19 19 board of education to develop a biennial unified plan of 19 20 service and service delivery in consultation with the library 19 21 service areas and the area education agency media centers, and 19 22 provides for a statutory means of distributing enrich Iowa 19 23 program moneys to eligible libraries. 19 24 REGIONAL LIBRARY CHANGEOVER. Current law requires regional 19 25 libraries to provide supporting services to libraries. The 19 26 bill provides that the services shall include consulting, 19 27 continuing education, interlibrary loan and reference 19 28 services, and assured consistency of service statewide. The 19 29 library trustees are chosen from geographic areas drawn upon 19 30 the same county lines as the regional system. Currently, the 19 31 trustees are elected. The bill requires the commission of 19 32 libraries to appoint the trustees. 19 33 Board membership shall include at least a representative of 19 34 an area education agency media division, a public library 19 35 trustee, a librarian, a community college representative, a 20 1 person representing library patrons, and two persons 20 2 representing the public at large. The terms of regional 20 3 library trustees elected in a general election expire on July 20 4 1, 2001. 20 5 STATE EMPLOYEES. Under the bill, library service area 20 6 employees will be employees of the state. 20 7 AREA EDUCATION AGENCY MEDIA SERVICES SUPPORT TO SCHOOL 20 8 LIBRARIES. The bill describes the media services that area 20 9 education agency (AEA) boards are required to provide to local 20 10 school districts to include interlibrary loan libraries. The 20 11 bill allows the commission of libraries to appoint as a member 20 12 of an AEA media services advisory committee a trustee of a 20 13 library service area. The bill includes support for school 20 14 district libraries in standards that an AEA must meet in order 20 15 to receive state accreditation. 20 16 MULTICOUNTY, MULTICITY, OR MULTICOUNTY AND CITY LIBRARIES. 20 17 The bill amends the Code chapter that provides for the 20 18 establishment of county library districts to allow a library 20 19 district to be established by one or more counties, one or 20 20 more cities, or any combination of cities and counties. 20 21 ENRICH IOWA. The bill places in statute the formula used 20 22 to distribute moneys appropriated by the general assembly for 20 23 purposes of the enrich Iowa program. 20 24 To the formula used to distribute enrich Iowa moneys in 20 25 previous years, the bill adds the requirement that an eligible 20 26 library participates in the state library's open access 20 27 program. 20 28 DEPARTMENT OF MANAGEMENT STUDY. The bill directs the 20 29 department of management to coordinate a study of city and 20 30 county support of public library funding. 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 library service area 20 34 system. Employees with accrued vacation and sick leave will 20 35 receive credit for the accrued time and will be permitted to 21 1 apply for life insurance and health and accident insurance 21 2 prior to becoming state employees so that they do not suffer a 21 3 lapse of insurance coverage. Regional library employees hired 21 4 between April 1, 2001, and June 30, 2001, are considered 21 5 probationary until October 1, 2001, by which date the 21 6 commission shall approve or deny permanent employment to the 21 7 person. 21 8 LSB 3141SV 79 21 9 kh/cf/24
Text: SF00476 Text: SF00478 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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