SF0082 - Library districts.
2001 |
State of Wyoming |
01LSO-0342 |
SENATE FILE NO. SF0082
Library districts.
Sponsored by: Senator(s) Vasey and Representative(s)
Johnson, W.
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
Page 1
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
Page 2
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
Page 4
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
Page 7
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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