House File 277 - Introduced HOUSE FILE BY SANDS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to libraries, including library funding, 2 representation on library boards, information collected by the 3 division of libraries and information services established 4 within the department of education, and a library funding and 5 representation study to be conducted by the commission of 6 libraries. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1085YH 82 9 kh/je/5 PAG LIN 1 1 Section 1. Section 256.51, subsection 1, Code 2007, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. k. Obtain from each library its per person 1 4 costs for providing library services. The division shall 1 5 submit a report of the per capita and per library user costs 1 6 for providing library services by city, county, and district 1 7 to the general assembly by January 15 annually. 1 8 Sec. 2. Section 392.5, Code 2007, is amended to read as 1 9 follows: 1 10 392.5 LIBRARY BOARD. 1 11 1. a. A city library board of trustees functioning on the 1 12 effective date of the city code shall continue to function in 1 13 the same manner until altered or discontinued as provided in 1 14 this section. 1 15 b. In order for the board to function in the same manner, 1 16 the city council shall retain all applicable ordinances, and 1 17 shall adopt as ordinances all applicable state statutes 1 18 repealed by 1972 Iowa Acts, chapter 1088. 1 19 2. A library board may accept and control the expenditure 1 20 of all gifts, devises, and bequests to the library. 1 21 3. a. A proposal to alter the composition, manner of 1 22 selection, or charge of a library board, or to replace it with 1 23 an alternate form of administrative agency, is subject to the 1 24 approval of the voters of the city. 1 25 b. The proposal may be submitted to the voters at any city 1 26 election by the city council on its own motion. Upon receipt 1 27 of a valid petition as defined in section 362.4, requesting 1 28 that a proposal be submitted to the voters, the city council 1 29 shall submit the proposal at the next regular city election. 1 30 A proposal submitted to the voters must describe with 1 31 reasonable detail the action proposed. 1 32 c. If a majority of those voting approves the proposal, 1 33 the city may proceed as proposed. 1 34 d. If a majority of those voting does not approve the 1 35 proposal, the same or a similar proposal may not be submitted 2 1 to the voters of the city for at least four years from the 2 2 date of the election at which the proposal was defeated. 2 3 4. If the city councils of two or more cities enter into a 2 4 chapter 28E agreement for purposes of maintaining a free 2 5 public library, the chapter 28E agreement shall provide for 2 6 the composition, manner of selection, and charge of a library 2 7 board of trustees. The library board shall consist of at 2 8 least one member from each of the cities party to the 2 9 agreement. 2 10 Sec. 3. LIBRARY FUNDING AND REPRESENTATION STUDY. The 2 11 commission of libraries shall conduct a study of public 2 12 library funding and public library costs. The study shall 2 13 include but not be limited to a review of the per capita and 2 14 per library user costs of delivering library services by city, 2 15 county, and district libraries; public and private financial 2 16 support for city, county, and district libraries; funds levied 2 17 for public library financial support pursuant to section 2 18 256.69 or 384.12; contracts entered into by public libraries 2 19 in the state pursuant to section 298.7; and whether 2 20 representation on library boards is equitable. The commission 2 21 shall submit a report of its findings and recommendations to 2 22 the general assembly by January 15, 2008. 2 23 EXPLANATION 2 24 This bill relates to library funding, representation on 2 25 library boards, and information collected by the division of 2 26 libraries and information services established within the 2 27 department of education, and requires the commission of 2 28 libraries to conduct a library funding and representation 2 29 study. 2 30 The bill requires the division to collect information from 2 31 each library regarding its per person costs for providing 2 32 library services. The division is also directed to submit a 2 33 report of the per capita and per library user costs for 2 34 providing library services by city, county, and district to 2 35 the general assembly by January 15 annually. 3 1 The bill provides that if a Code chapter 28E agreement is 3 2 entered into by two or more cities for purposes of maintaining 3 3 a free public library, the 28E agreement shall provide for the 3 4 composition, manner of selection, and charge of a library 3 5 board of trustees and the board must consist of members 3 6 representing each of the cities party to the agreement. 3 7 The commission of libraries is directed to conduct a study 3 8 of public library funding, taxes levied to support libraries, 3 9 public library costs, and whether representation on library 3 10 boards is equitable. The commission shall submit its findings 3 11 and recommendations to the general assembly by January 15, 3 12 2008. 3 13 LSB 1085YH 82 3 14 kh:nh/je/5.1