SF0082 - Library districts.

 

2001

State of Wyoming

01LSO-0342

 

 

 

SENATE FILE NO.  SF0082

 

 

Library districts.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to special library districts; establishing
 2  a procedure for creation of library districts; providing
 3  for the election of a board of trustees to manage and
 4  operate the district; specifying board powers and duties;
 5  providing taxing authority; providing for district bond
 6  issues; and providing for an effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 18-7-107 and 18-7-201 through
11  18-7-205 are created to read:

12 

13         18-7-107.  Board of trustees of library district to
14  serve as library board.

15 

 

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 1  For purposes of this chapter, when a county has approved
 2  the formation of a library district under W.S. 18-7-201
 3  through 18-7-205 the board of trustees of the library
 4  district shall perform all duties and responsibilities of
 5  the board of directors of the library under W.S. 18-7-101
 6  through 18-7-106.

 7 

 8                         ARTICLE 2

 9              LIBRARY DISTRICTS ADMINISTRATION

10 

11         18-7-201.  Formation; petition of registered voters;
12  election.

13 

14         (a)  A special library district may be formed in any
15  county with boundaries contiguous with county boundaries.

16 

17         (b)  Upon receipt of a petition for the establishment
18  of a special library district signed by at least ten
19  percent (10%) of the registered voters who voted in the
20  last general election, the board of county commissioners
21  shall submit the question of establishing the special
22  district to the electors of the proposed district. Except
23  as otherwise provided in this article, the election shall

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 1  be conducted in accordance with the Special District
 2  Election Act of 1994.

 3 

 4         18-7-202.  District a body corporate; name; district
 5  board of trustees; powers.

 6 

 7         (a)  Each district established is a body corporate by
 8  the name of "the .... county library district."

 9 

10         (b)  Each district board of trustees shall consist of
11  five (5) members elected pursuant to the Special District
12  Elections Act of 1994.

13 

14         (c)  The district through its board of trustees may:

15 

16              (i)  Hold property and be a party to contracts;

17 

18              (ii)  Sue and be sued;

19 

20              (iii)  Acquire property for library purposes by
21  gift, devise, bequest or purchase or contract for the
22  acquisition by purchase or lease of real and personal
23  property;

24 

 

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 1              (iv)  Convey, lease and otherwise dispose of
 2  property for library purposes;

 3 

 4              (v)  Establish sinking and reserve funds for
 5  library purposes;

 6 

 7              (vi)  Issue bonds for the construction of
 8  physical facilities or the acquisition of property as
 9  provided by W.S. 18-7-205;

10 

11              (vii)  Promulgate rules and regulations as
12  necessary for the proper operation of the district.

13 

14         18-7-203.  District trustee terms; initial terms;
15  expense reimbursement.

16 

17         (a)  Except for initial trustee terms specified under
18  subsection (b) of this section, trustees shall serve four
19  (4) year terms and until their successors are duly elected
20  and qualified.

21 

22         (b)  Terms of trustees elected to the initial district
23  board of trustees shall be as follows:

24 

 

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 1              (i)  Three (3) members elected to serve until the
 2  next subsequent director election; and

 3 

 4              (ii)  Two (2) members elected to serve until the
 5  second subsequent director election.

 6 

 7         (c)  Elected trustees shall serve without compensation
 8  but shall be reimbursed for necessary travel and other
 9  expenses incurred in the performance of their official
10  duties.

11 

12         18-7-204.  Administration of finances; assessments and
13  taxation; appropriation of available revenues; existing
14  library property.

15 

16         (a)  The board of trustees of a special library
17  district shall administer the finances of the district
18  according to the provisions of the Uniform Municipal Fiscal
19  Procedures Act. Annually, each county assessor shall
20  provide the board of county commissioners with the total
21  assessed value of all taxable property within a special
22  library district in his county.

23 

 

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 1         (b)  The board of county commissioners, at the time of
 2  making the levy for county purposes, shall levy a tax of
 3  not to exceed one-half (1/2) mill upon the taxable property
 4  within the district in its county based on the assessed
 5  valuation and the estimated amount of funds needed by each
 6  district as determined by the library district board. The
 7  taxes shall be collected at the same time and in the same
 8  manner as state and county taxes. The tax levy provided by
 9  this subsection is not part of the general county mill levy
10  and is in addition to any tax levied under W.S. 18-7-101.

11 

12         (c)  Nothing in this section prohibits the board of
13  county commissioners from appropriating or contributing
14  available county revenues to the special library district
15  for purposes of this article and W.S. 18-7-103 through
16  18-7-106.

17 

18         (d)  Upon creation of a special library district and
19  qualification of the board of trustees pursuant to this
20  article, the board of county commissioners shall designate
21  the district through its trustees to administer and carry
22  out W.S. 18-7-103 through 18-7-106 as relevant to providing
23  for county libraries, and all property, assets and
24  responsibilities of a county library board of directors

 

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 1  appointed under W.S. 18-7-103(b) shall be transferred to
 2  the special library district.

 3 

 4         18-7-205.  Bond issues.

 5 

 6         (a)  The board of trustees of any special library
 7  district may for the construction of physical facilities or
 8  the purchase of property for district purposes and in
 9  accordance with W.S. 22-21-101 through 22-21-112, submit to
10  the electors of the district the question of whether the
11  board is authorized to issue bonds of the district in a
12  certain amount not to exceed two percent (2%) of the
13  assessed value of the taxable property in the district,
14  bearing interest at a certain rate of interest not to
15  exceed ten percent (10%) per year, payable and redeemable
16  within a specified time not to exceed twenty-five (25)
17  years.

18 

19         (b)  If the proposal to issue bonds is approved, the
20  board of trustees may issue bonds in registered or bearer
21  form and otherwise in compliance with W.S. 16-5-501 through
22  16-5-504. The board shall through publication in a
23  newspaper of general circulation within the district,
24  provide public notice of its intention to issue and

 

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 1  negotiate the bonds and to advertise for bids. The bonds
 2  shall not be sold for less than their full or par value and
 3  accrued interest at the time of their delivery. If
 4  determined to be in the best interests of the district, the
 5  board may reject any bid and may sell the bonds at private
 6  sale.

 7 

 8         (c)  The full faith and credit of a special library
 9  district is pledged for the payment of the interest and the
10  redemption of the principal of all bonds issued by any
11  district.

12 

13         (d)  The appropriate county treasurer shall pay the
14  interest and the principal due upon any bonds issued by a
15  district from a special district bond tax account. 
16  Payments shall be made upon presentation of the proper
17  coupon or bond clearly stating the amount due and if a
18  coupon, the bond for which it is issued. All bond and
19  coupon payments shall be reported by the county treasurer
20  to the board at its first regular meeting following
21  payment.

22 

23         Section 2.  W.S. 22-29-103(a) by creating a new
24  paragraph (xii) and by renumbering (xii) as (xiii) and

 

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 1  39-13-104(e) by creating a new paragraph (xiv) are amended
 2  to read:

 3 

 4         22-29-103.  Applicability to special districts;
 5  general provisions.

 6 

 7         (a)  This act applies to the following districts as
 8  specified in subsection (b) of this section:

 9 

10              (xii)  Library districts;

11 

12              (xii)(xiii)  Other districts as specified by law.

13 

14         39-13-104.  Taxation rate.

15 

16         (e)  There shall be annually levied and assessed upon
17  the taxable value of property within the limits of the
18  following special districts the following special district
19  taxes when applicable:

20 

21              (xiv)  Not to exceed one-half (1/2) mill by a
22  library district as provided by W.S. 18-7-204(b).

 

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 1 

 2         Section 3.  This act is effective July 1, 2001.

 3 

 4                         (END)

 

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