House Amendment 8066
PAG LIN
1 1 Amend Senate File 2088, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 198, after line 24 by inserting:
1 4 <DIVISION ___
1 5 LIBRARY SERVICE AREAS
1 6 Sec. ___. Section 8A.454, subsection 2, Code
1 7 Supplement 2009, is amended to read as follows:
1 8 2. A monthly per contract administrative charge
1 9 shall be assessed by the department on all health
1 10 insurance plans administered by the department in which
1 11 the contract holder has a state employer to pay the
1 12 charge. The amount of the administrative charge shall
1 13 be established by the general assembly. The department
1 14 shall collect the administrative charge from each
1 15 department utilizing the centralized payroll system and
1 16 shall deposit the proceeds in the fund. In addition,
1 17 the state board of regents, all library service
1 18 areas, the state fair board, the state department of
1 19 transportation, and each judicial district department
1 20 of correctional services shall remit the administrative
1 21 charge on a monthly basis to the department and shall
1 22 submit a report to the department containing the number
1 23 and type of health insurance contracts held by each of
1 24 its employees whose health insurance is administered by
1 25 the department.
1 26 Sec. ___. Section 8D.2, subsection 5, paragraph a,
1 27 Code 2009, is amended to read as follows:
1 28 a. "Public agency" means a state agency, an
1 29 institution under the control of the board of regents,
1 30 the judicial branch as provided in section 8D.13,
1 31 subsection 17, a school corporation, a city library,
1 32 a library service area as provided in chapter 256, a
1 33 county library as provided in chapter 336, or a
1 34 judicial district department of correctional services
1 35 established in section 905.2, to the extent provided in
1 36 section 8D.13, subsection 15, an agency of the federal
1 37 government, or a United States post office which
1 38 receives a federal grant for pilot and demonstration
1 39 projects.
1 40 Sec. ___. Section 8D.9, subsection 1, Code 2009, is
1 41 amended to read as follows:
1 42 1. A private or public agency, other than a state
1 43 agency, local school district or nonpublic school, city
1 44 library, library service area, county library, judicial
1 45 branch, judicial district department of correctional
1 46 services, agency of the federal government, a hospital
1 47 or physician clinic, or a post office authorized to be
1 48 offered access pursuant to this chapter as of May 18,
1 49 1994, shall certify to the commission no later than
1 50 July 1, 1994, that the agency is a part of or intends
2 1 to become a part of the network. Upon receiving such
2 2 certification from an agency not a part of the network
2 3 on May 18, 1994, the commission shall provide for the
2 4 connection of such agency as soon as practical. An
2 5 agency which does not certify to the commission that
2 6 the agency is a part of or intends to become a part of
2 7 the network as required by this subsection shall be
2 8 prohibited from using the network.
2 9 Sec. ___. Section 8D.11, subsection 4, Code 2009,
2 10 is amended to read as follows:
2 11 4. A political subdivision receiving communications
2 12 services from the state as of April 1, 1986, may
2 13 continue to do so but communications services shall
2 14 not be provided or resold to additional political
2 15 subdivisions other than a school corporation, a city
2 16 library, a library service area as provided in chapter
2 17 256, and a county library as provided in chapter 336.
2 18 The rates charged to the political subdivision shall be
2 19 the same as the rates charged to state agencies.
2 20 Sec. ___. Section 256.51, subsection 1, paragraphs
2 21 a, d, and j, Code 2009, are amended to read as follows:
2 22 a. Determine policy for providing information
2 23 service to the three branches of state government and
2 24 to the legal and medical communities community in this
2 25 state.
2 26 d. Develop, in consultation with the library
2 27 service areas and the area education agency media
2 28 centers, a biennial unified plan of service and service
2 29 delivery for the division of libraries and information
2 30 services.
2 31 j. Establish and administer standards for state
2 32 agency libraries, the library service areas, and public
2 33 libraries.
2 34 Sec. ___. Section 256.51, subsection 1, Code 2009,
2 35 is amended by adding the following new paragraph:
2 36 NEW PARAGRAPH. k. Provide supporting services to
2 37 libraries, including but not limited to consulting,
2 38 continuing education, and interlibrary loan and
2 39 references services to assure consistency of service
2 40 statewide and to encourage local financial support for
2 41 library services.
2 42 Sec. ___. Section 256.52, subsection 1, Code 2009,
2 43 is amended to read as follows:
2 44 1. The state commission of libraries consists of
2 45 one member appointed by the supreme court, the director
2 46 of the department of education, or the director's
2 47 designee, and six members appointed by the governor to
2 48 serve four=year terms beginning and ending as provided
2 49 in section 69.19. Of the The governor's appointees,
2 50 one member shall be from the medical profession and
3 1 five members selected at large. Not more than three of
3 2 the members appointed by the governor shall be of the
3 3 same gender. The members shall be reimbursed for their
3 4 actual expenditures necessitated by their official
3 5 duties. Members may also be eligible for compensation
3 6 as provided in section 7E.6.
3 7 Sec. ___. Section 256.52, subsection 3, paragraph
3 8 d, Code 2009, is amended to read as follows:
3 9 d. Appoint and approve the technical, professional,
3 10 excepting the medical librarian and the law librarian,
3 11 secretarial, and clerical staff necessary to accomplish
3 12 the purposes of the division subject to chapter 8A,
3 13 subchapter IV.
3 14 Sec. ___. Section 256.52, subsection 3, Code 2009,
3 15 is amended by adding the following new paragraph:
3 16 NEW PARAGRAPH. Oe. Assume all of the outstanding
3 17 obligations of the library service areas and be liable
3 18 for and recognize, assume, and carry out all valid
3 19 contracts and obligations of the library service
3 20 areas that are consolidated under the commission
3 21 and administered by the division of libraries and
3 22 information services effective beginning July 1, 2010.
3 23 Each library service area shall transfer, prior to
3 24 July 1, 2010, its state=funded assets and title to any
3 25 state=funded real estate owned by the library service
3 26 area to the commission.
3 27 Sec. ___. Section 256.54, unnumbered paragraph 1,
3 28 Code 2009, is amended to read as follows:
3 29 The state library includes, but is not limited to,
3 30 a medical library, a law library, and the state data
3 31 center.
3 32 Sec. ___. Section 256.54, subsection 1, Code 2009,
3 33 is amended by striking the subsection.
3 34 Sec. ___. Section 273.2, subsection 4, Code
3 35 Supplement 2009, is amended to read as follows:
3 36 4. The area education agency board shall provide
3 37 for special education services and media services
3 38 for the local school districts in the area and shall
3 39 encourage and assist school districts in the area to
3 40 establish programs for gifted and talented children.
3 41 The board shall assist in facilitating interlibrary
3 42 loans of materials between school districts and other
3 43 libraries. Each area education agency shall include
3 44 as a member of its media center advisory committee a
3 45 library service area trustee or library service area
3 46 staff member, who is appointed to the committee by the
3 47 commission of libraries.
3 48 Sec. ___. Section 669.2, subsection 5, Code 2009,
3 49 is amended to read as follows:
3 50 5. "State agency" includes all executive
4 1 departments, agencies, boards, bureaus, and commissions
4 2 of the state of Iowa, and corporations whose
4 3 primary function is to act as, and while acting as,
4 4 instrumentalities or agencies of the state of Iowa,
4 5 whether or not authorized to sue and be sued in
4 6 their own names. This definition does not include
4 7 a contractor with the state of Iowa. Soil and
4 8 water conservation districts as defined in section
4 9 161A.3, subsection 6, judicial district departments
4 10 of correctional services as established in section
4 11 905.2, and library service area boards of trustees
4 12 as established in chapter 256 are state agencies for
4 13 purposes of this chapter.
4 14 Sec. ___. REPEAL. Sections 256.60, 256.61, 256.66,
4 15 256.67, 256.67A, 256.68, Code 2009, are repealed.
4 16 Sec. ___. LIBRARY SERVICE AREA EMPLOYEES == LENGTH
4 17 OF SERVICE == TRANSFER OF PERSONNEL RECORDS.
4 18 1. The length of service of a permanent full=time
4 19 employee of a library service area who is employed by a
4 20 library service area on June 30, 2010, and who is hired
4 21 by the division of libraries and information services
4 22 on or after July 1, 2010, shall be credited as state
4 23 employment service for purposes of vacation and sick
4 24 leave accrual.
4 25 2. The area administrator of each library service
4 26 area shall submit to the division of libraries and
4 27 information services the personnel records of each
4 28 permanent full=time employee of the library service
4 29 area by July 1, 2010.
4 30 Sec. ___. EFFECTIVE UPON ENACTMENT. This division
4 31 of this Act, being deemed of immediate importance,
4 32 takes effect upon enactment.
4 33 DIVISION ___
4 34 LIBRARY DISTRICTS
4 35 Sec. ___. Section 336.2, unnumbered paragraphs 2
4 36 and 6, Code 2009, are amended to read as follows:
4 37 Eligible electors residing within the proposed
4 38 district in a number not less than five percent of
4 39 those voting for president of the United States or
4 40 governor, as the case may be, within the district at
4 41 the last general election may petition the board of
4 42 supervisors of the county, or the city council, for the
4 43 establishment of the library district. The petition
4 44 shall clearly designate the area to be included in the
4 45 district, the total number of board members, and how
4 46 representation on the board shall be divided among the
4 47 jurisdictions.
4 48 After the establishment of a library district other
4 49 areas may be included by mutual agreement subject to
4 50 the approval of the board of trustees of the library
5 1 district and the governing body passage of a referendum
5 2 by the electors of the area sought to be included.
5 3 Sec. ___. Section 336.4, Code 2009, is amended to
5 4 read as follows:
5 5 336.4 Library trustees.
5 6 In any area in which a library district has been
5 7 established in accordance with this chapter, a board
5 8 of library trustees, consisting of five, seven, or
5 9 nine electors of members who resident within the
5 10 library district, shall be appointed by the board of
5 11 supervisors of any county or city governing bodies of
5 12 the jurisdictions comprising the library district.
5 13 Membership on the library board shall be apportioned
5 14 between the rural and city areas of the district in
5 15 proportion to the population in each of such areas. In
5 16 the event the library district is composed of two or
5 17 more counties, two or more cities, or any combination
5 18 of counties and cities, representation on the library
5 19 board shall be equitably divided between or among the
5 20 counties and cities in proportion to the population in
5 21 each of the counties and cities.
5 22 Sec. ___. Section 336.5, Code 2009, is amended to
5 23 read as follows:
5 24 336.5 Terms == vacancies.
5 25 1. Of said the trustees so appointed in accordance
5 26 with section 336.4 on boards to consist consisting of
5 27 nine members, three shall hold office for two years,
5 28 three for four years, and three for six years;
5 29 on boards to consist consisting of seven members,
5 30 two shall hold office for two years, two for four
5 31 years, and three for six years; and on boards to
5 32 consist consisting of five members, one shall hold
5 33 office for two years, two for four years, and two
5 34 for six years, from the first day of July following
5 35 their appointment in each case. At their the first
5 36 meeting they of the board, members shall cast lots for
5 37 their respective terms, reporting the result of such
5 38 lot to the board of supervisors the governing body of
5 39 each jursidiction forming the library district. All
5 40 subsequent appointments, whatever the size of the
5 41 board, shall be for terms of six years each.
5 42 2. A vacancy exists when a member ceases to be a
5 43 resident of the jurisdiction the member represents or
5 44 is absent for six consecutive regular meetings of the
5 45 board.
5 46 3. Vacancies shall be filled for unexpired terms
5 47 by the governing body of the taxing unit of the
5 48 district jurisdiction represented by the retiring
5 49 member vacancy.
5 50 Sec. ___. Section 336.8, Code 2009, is amended to
6 1 read as follows:
6 2 336.8 Powers.
6 3 Said The board of library trustees shall have and
6 4 exercise the following powers:
6 5 1. To meet and organize by the election of one
6 6 of their number as elect from among its members
6 7 a president of the board, and by the election of a
6 8 secretary and such other officers as the board may deem
6 9 necessary.
6 10 2. To direct and control all affairs of the library
6 11 district, as well as to have charge, and supervision of
6 12 the public library, and its rooms, appurtenances, and
6 13 fixtures, and rooms containing the same, directing and
6 14 controlling all the affairs of such library.
6 15 3. To employ a librarian, and authorize the
6 16 librarian to employ such assistants and employees
6 17 as may be necessary for the proper management of
6 18 said the library, and district. The board shall fix
6 19 their the compensation; but, prior of such employees.
6 20 Prior to such employment, the compensation of
6 21 such the librarian, assistants, and employees shall be
6 22 fixed for the term of employment by a majority of the
6 23 members of said the board voting in favor thereof.
6 24 4. To remove such, by a two=thirds vote of the
6 25 board, the librarian, and provide procedures for
6 26 the removal of assistants, or employees by a vote of
6 27 two=thirds of such board for misdemeanor, incompetency,
6 28 or inattention to the duties of such employment duty.
6 29 5. To authorize the librarian to select and
6 30 make purchases of books, pamphlets, magazines,
6 31 periodicals, papers, maps, journals, furniture,
6 32 fixtures, stationery technology, and supplies for
6 33 such the library district.
6 34 6. To authorize the use of such libraries by school
6 35 corporations or the public library by nonresidents of
6 36 the area which is taxed to support such libraries the
6 37 public library and to fix charges therefor for library
6 38 services.
6 39 7. To make and adopt, amend, modify, or repeal
6 40 bylaws, rules, and regulations, not inconsistent with
6 41 law, for the care, use, government, and management
6 42 of such the public library and the business of
6 43 said the board, fixing and enforcing penalties for the
6 44 violation thereof violations. The board shall keep a
6 45 record of its proceedings.
6 46 8. To have exclusive control of the
6 47 expenditures all funds allocated for public library
6 48 purposes, as provided by law, and of the expenditures
6 49 of all moneys available by gift or otherwise for the
6 50 erection of public library buildings, and all other
7 1 moneys belonging to the public library, including
7 2 fines and rental fees collected, under the rules
7 3 of the board. The board shall keep a record of its
7 4 proceedings.
7 5 9. To accept gifts of any real property,
7 6 personal property, or mixed property, and devises
7 7 and bequests, including trust funds; to take the
7 8 title to said the property in the name of said the
7 9 public library; to execute deeds and bills of sale for
7 10 the conveyance of said the property; and to expend the
7 11 funds received by them generated from such the gifts,
7 12 for the improvement of said the public library.
7 13 10. To make agreements with local county historical
7 14 associations to set apart the necessary room and to
7 15 care for articles that come into the possession of
7 16 the association. The board may purchase necessary
7 17 receptacles and materials for the preservation and
7 18 protection of articles which are of an historical and
7 19 educational nature.
7 20 Sec. ___. Section 336.10, Code 2009, is amended to
7 21 read as follows:
7 22 336.10 Library fund.
7 23 1. All moneys received and set apart appropriated
7 24 or received for the maintenance of the public library
7 25 shall be deposited in the treasury of the county or
7 26 city, as determined by the board of library trustees,
7 27 and paid out upon warrants drawn by the county or city
7 28 auditor upon requisition of expenditures shall be paid
7 29 by the treasurer of the county or city in which the
7 30 moneys are deposited on warrants ordered by the board
7 31 of trustees, signed by its the board's president and
7 32 secretary.
7 33 Provided that where a free public library is
7 34 maintained jointly by two or more counties or cities
7 35 or any combination of counties and cities, the library
7 36 trustees may elect a library treasurer, and it shall be
7 37 the duty of the city and county treasurers to pay over
7 38 to the library treasurer any and all library taxes that
7 39 may be collected by them monthly.
7 40 2. The library treasurer of the county or city in
7 41 which the public library moneys are deposited pursuant
7 42 to subsection 1 shall be required to furnish a bond
7 43 conditioned as provided by section 64.2 in an amount as
7 44 agreed upon by the participating boards of supervisors
7 45 and city councils and the cost shall be paid by the
7 46 participating counties and cities.
7 47 Sec. ___. Section 336.11, Code 2009, is amended to
7 48 read as follows:
7 49 336.11 Annual report.
7 50 The board of library trustees shall, immediately
8 1 after within ninety days after the close of each
8 2 fiscal year, submit a report to the board of
8 3 supervisors, and the city council, as appropriate, a
8 4 report containing governing bodies of the respective
8 5 jurisdictions comprising the library district. The
8 6 report shall contain a statement of the condition
8 7 of the library, the number of books and other
8 8 resources added thereto, the number of books and
8 9 other resources circulated, the number of books and
8 10 other resources not returned or lost, the amount of
8 11 fines collected, and the amount of money expended in
8 12 the maintenance thereof of the public library during
8 13 such the preceding fiscal year, together with such
8 14 further any other information as it may deem the board
8 15 deems important.
8 16 Sec. ___. Section 336.12, Code 2009, is amended to
8 17 read as follows:
8 18 336.12 Real estate acquired.
8 19 In any county or city in which a free library
8 20 has been established, the The board of library
8 21 trustees may purchase real estate in the name of the
8 22 county or city library district for the location of
8 23 public library buildings and branch libraries, and for
8 24 the purpose of enlarging the grounds.
8 25 Sec. ___. Section 336.13, Code 2009, is amended to
8 26 read as follows:
8 27 336.13 Maintenance expense on proportionate basis.
8 28 1. The maintenance of a public library established
8 29 in accordance with this chapter shall be on the basis
8 30 of each participating unit bearing its share of the
8 31 total cost in proportion to its population as compared
8 32 to the total population of the library district.
8 33 2. The board of library trustees shall make an
8 34 estimate of the amount necessary for the maintenance
8 35 of the library, the sources of direct library revenue,
8 36 and the amount to be contributed from taxes or other
8 37 revenues by the participating city or county and
8 38 hold a hearing on the estimate after notice of the
8 39 hearing is published as provided in section 331.305 or
8 40 section 362.3, as appropriate. On or before January
8 41 10 of each year, the board of library trustees shall
8 42 transmit the estimate in dollars to the board of
8 43 supervisors and to the cities governing bodies of the
8 44 jurisdictions participating in the library district.
8 45 The unincorporated area of each county in the library
8 46 district shall be considered as a separate supporting
8 47 unit. Each board of supervisors participating shall
8 48 review the estimate and appropriate for library
8 49 purposes its share in from the county rural services
8 50 fund budget. Each city council participating shall
9 1 review the estimate for the city and appropriate for
9 2 library purposes its share in from the city general
9 3 fund budget. Each participating city or county
9 4 shall contribute its share from taxation or from
9 5 other sources available for library purposes on an
9 6 equitable basis. With approval of a city council, the
9 7 county treasurer may withhold a reasonable portion
9 8 of the taxes collected for a city to meet the city's
9 9 contribution for library purposes and deliver a receipt
9 10 to the city clerk for the amount withheld.
9 11 This section shall not affect the taxing authority
9 12 provided under section 256.69.
9 13 Sec. ___. Section 336.15, Code 2009, is amended to
9 14 read as follows:
9 15 336.15 Existing contracts assumed.
9 16 Whenever a library district is established in
9 17 accordance with this chapter, its board of trustees
9 18 shall assume all the obligations of the existing
9 19 library service contracts made by cities, townships,
9 20 school corporations, or counties to receive library
9 21 service from free public libraries jurisdictions
9 22 participating in the library district.
9 23 Sec. ___. Section 336.16, Code 2009, is amended to
9 24 read as follows:
9 25 336.16 Withdrawal from district == termination.
9 26 1. A city may withdraw from the library district
9 27 upon a majority vote in favor of withdrawal by the
9 28 electorate of the city in an election held on a
9 29 motion by the city council. The election shall be
9 30 held simultaneously with a general or city election.
9 31 Notice of a favorable vote to withdraw shall be sent by
9 32 certified mail to the board of library trustees of the
9 33 library district and the county auditor or city clerk,
9 34 as appropriate, prior to January 10, and the withdrawal
9 35 shall be effective on July 1.
9 36 2. A county may withdraw from the district after a
9 37 majority of the voters of the unincorporated area of
9 38 the county voting on the issue favor the withdrawal.
9 39 The board of supervisors shall call for the election
9 40 which shall be held at the next general election.
9 41 3. A city or county election shall not be called
9 42 until a hearing has been held on the proposal to submit
9 43 a proposition of withdrawal to an election. A hearing
9 44 may be held only after public notice published as
9 45 provided in section 362.3 in the case of a city or
9 46 section 331.305 in the case of a county. A copy of the
9 47 notice submitted for publication shall be mailed to the
9 48 public library on or before the date of publication.
9 49 The proposal presented at the hearing must include a
9 50 plan for continuing adequate library service with or
10 1 without all participants and the respective allocated
10 2 costs and levels of service shall be stated. At
10 3 the hearing, any interested person shall be given a
10 4 reasonable time to be heard, either for or against the
10 5 withdrawal or the plan to accompany it.
10 6 4. A library district may be terminated if a
10 7 majority of the electors of the unincorporated area
10 8 of the county and the cities included in the library
10 9 district voting on the issue favor the termination.
10 10 The election shall be held upon motion of the board of
10 11 supervisors and simultaneously with a general or other
10 12 county election. If the vote favors termination, the
10 13 termination shall be effective on the succeeding July
10 14 1.
10 15 5. An election for withdrawal from or termination
10 16 of a library district shall not be held more than once
10 17 each four years.
10 18 Sec. ___. Section 336.18, subsection 4, paragraphs
10 19 c and d, Code 2009, are amended to read as follows:
10 20 c. If a majority of those voting upon the question
10 21 favors it, the board of supervisors shall within thirty
10 22 days appoint a board of library trustees from residents
10 23 of the petitioning area. Vacancies shall be filled by
10 24 the board.
10 25 d. The board of trustees may contract with
10 26 any a library for library use or service for the
10 27 benefit of the residents and area represented by it.
10 28 Sec. ___. NEW SECTION. 336.19 Contracts for use
10 29 of public library.
10 30 1. Contracting. The board of library trustees may
10 31 contract with any other board of trustees of a free
10 32 public library or any other city, school corporation,
10 33 institution of higher learning, township, or county, or
10 34 with the trustees of any county library district for
10 35 the use of the library by their respective residents.
10 36 2. Termination. A contract entered into pursuant
10 37 to subsection 1 may be terminated as follows:
10 38 a. By mutual consent of the contracting parties.
10 39 b. By a majority vote of the electors represented
10 40 by either of the contracting parties. Upon a written
10 41 petition of a number of eligible electors equaling five
10 42 percent or more of the number of electors voting at the
10 43 last general election within the jurisdiction of the
10 44 contracting party, a termination proposition shall be
10 45 submitted to the electors by the governing body of the
10 46 contracting party. The petition shall be presented
10 47 to the governing body not less than forty days prior
10 48 to the next general election or special election held
10 49 throughout the jurisdiction of the party seeking to
10 50 terminate the contract. The proposition shall be
11 1 submitted at the next general election or next special
11 2 election held throughout the jurisdiction of the party
11 3 seeking to terminate the contract.
11 4 Sec. ___. REPEAL. Sections 336.6, 336.9, and
11 5 336.17, Code 2009, are repealed.>
11 6 #2. By renumbering as necessary.
MASCHER of Johnson
SF2088.774 (1) 83
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