Bill Summary – FastDemocracy

SESSION OF 2023
    SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2176
          As Amended by House Committee on Taxation

Brief*
      HB 2176, as amended, would create the Arkansas City
Area Public Library District Act and the Udall Area Public
Library District Act (Acts). The Acts would be identical except
for references to the cities of Arkansas City and Udall and
references to USD 470 (Arkansas City) and USD 463 (Udall).
The bill would also make conforming amendments to a
statute defining “local public libraries.”

Creation of Library Districts
      The Acts would authorize the Boards of Trustees of
existing public libraries in the cities of Arkansas City and Udall
to adopt resolutions submitting to voters the question of
creating a library district and a proposed tax levy amount. The
library district territory would be the territory within the
boundaries of the relevant school district.
      Upon a majority of qualified electors of the proposed
library districts voting in favor of the proposed library district,
the district would be established and all contracts, bonds,
debts, and other obligations of the existing public libraries
would transfer to the new district, except for debts related to
the ownership of real estate of the library, which would remain
an obligation of the city.


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Governance of Library Districts
     Library districts under the Acts would be governed by
seven member Boards of Trustees. Four members would be
appointed by the governing body of the relevant city with one
such member residing outside the city and three members
would be appointed by the relevant Board of Education and
would be required to live outside the city. The members would
be appointed to terms of four years and until successors are
appointed and qualified. Members would be eligible for
reappointment, but could not serve more than two
consecutive terms without one year of non-service following
the second consecutive term. Members would receive no
compensation, but would be permitted to be paid actual
expenses associated with their duties.
     Boards of Trustees would be required to annually elect a
chairperson, secretary, and treasurer and other officers
deemed necessary by the Board. Regular meetings of the
Board would be fixed by the Board, and limited special
meetings could be called by the Chairperson or a majority of
the members of the Board. The Board Treasurer would be
required to give bond in an amount set by the Board and pay
out funds on orders of the Board signed by the Chairperson
and Secretary. County Treasurers would be required to remit
funds collected for the Library District Board to the Board
Treasurer.
     Boards of Trustees would be required to annually adopt
a budget for the library following notice and a hearing
concerning the budget. The budget would be required to state
the amount of tax to be collected, which would be levied on
behalf of the library district by the relevant Board of
Education. The tax levy could be required to be submitted to
an election upon the filing of a petition signed by at least five
percent of the qualified voters in the tax district. The proceeds
of the tax would be prohibited from supporting a regional
system of cooperating libraries.

                             2- 2176
Operation of Libraries
     The bill would require the library to be free for the use of
residents of the library district, subject to rules adopted by the
Board of Trustees. The library would be permitted to charge
nonresidents a fee for the use of the library.
     The Board of Trustees would be authorized to exercise
the usual powers of a corporation for public purposes.
Specifically, the Board would be authorized to make
appropriate rules for the administration of the library;
purchase or lease real estate for the library; acquire library
materials; employ a librarian and other employees; establish
a traveling library; contract with other libraries; receives gifts,
grants, and tax proceeds; and make annual reports to the
State Librarian and the school board.

Background
     The House Committee on Taxation inserted the contents
of HB 2205 into HB 2176 while retaining the contents of HB
2176. Background information for each bill may be found
below.

HB 2176
     The bill was introduced by Representatives Rhiley and
Roth.
House Committee on Taxation
     In the House Committee hearing, proponent testimony
was provided by representatives of the Arkansas City Public
Library and USD 470. Proponents generally stated the bill
would allow the library to receive additional tax proceeds,
which would exceed the amount provided for in the city’s
charter ordinance.

                              3- 2176
     Written-only proponent testimony was provided by
representatives of the Arkansas City Public Library and four
private citizens.
     Written-only neutral testimony was provided by the State
Librarian of Kansas and a representative of the South Central
Kansas Library System.

HB 2205
     The bill was introduced by Representatives Rhiley and
Roth.
House Committee on Taxation
      In the House Committee hearing, proponent testimony
was provided by a representative of the Udall Public Library,
stating the bill would better align the library’s taxing district
with its patron base and allow the library to provide more
services while levying a lower tax rate.
      Written-only proponent testimony was provided by a
representative of the Udall Public Library and a private
citizen.
     Written-only neutral testimony was provided by the State
Librarian of Kansas and a representative of the South Central
Kansas Library System.

Fiscal Information
      According to the fiscal notes prepared by the Division of
the Budget on the bills, the bills would have a negligible state
fiscal effect. Enactment of the bills could have a local fiscal
effect in Cowley County attributable to the costs of special
elections to establish the libraries and the change in taxing
districts and tax levies associated with the libraries. Each
special election is anticipated to cost between $10,000 and
                             4- 2176
$15,000. Any fiscal effect associated with the bill is not
reflected in The FY 2024 Governor’s Budget Report.
Public libraries; Arkansas City; Udall


                                         5- 2176
Statutes affected: 
As introduced: 75-2554, 75-2534, 75-2535
As Amended by House Committee: 75-2554, 75-2534, 75-2535