23.8028.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2050
of North Dakota
Introduced by
State and Local Government Committee
(At the request of the State Library)
1 A BILL for an Act to create and enact a new section to chapter 54-24.2 of the North Dakota
2 Century Code, relating to the ability of the state librarian to recalculate grant payments to public
3 libraries; to amend and reenact sections 40-38-09, 54-24-09, 54-24.2-03, and 54-24.4-05 of the
4 North Dakota Century Code, relating to the public annual report, distribution of state
5 publications to libraries, the computation of mill levies, and the duties of the library coordinating
6 council; to repeal sections 40-38-10 and 54-24.2-02.2 of the North Dakota Century Code,
7 relating to a political subdivision's ability to establish a library without an election and local
8 maintenance efforts of public libraries; and to provide an effective date.
9 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10 SECTION 1. AMENDMENT. Section 40-38-09 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 40-38-09. Annual report of board of directors - Contents - To whom made.
13 The board of directors shall make a report onby July first of each year to the governing body
14 of the city or board of county commissioners, as the case may be, stating:
15 1. The condition of the library and property.
16 2. The various sums of money received from all sources.
17 3. How much money has been expended and for what purpose.
18 4. The number of books and periodicalslibrary materials on hand.
19 5. The number of books and periodicalslibrary materials added by purchase or gift during
20 the year and the number thereof, withdrawn or lost or, and number of materials loaned
21 out.
22 6. The character and kind of bookstype of library materials contained in the library.
23 7. Such other statistics, information, and suggestions as the board may deem of general
24 interest or as may be required by the state library.
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1 Copies of the report shall be filed with the governing body of the political subdivision and with
2 the state library.
3 SECTION 2. AMENDMENT. Section 54-24-09 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 54-24-09. Distribution of certain state publications for certain libraries required.
6 The office of management and budget shall arrange to deposit with the state library eight
7 copies of all publications issued by all executive, legislative, and judicial agencies of state
8 government intended for general public distribution. These publications must be provided to the
9 state library without charge. If expense and limited supply of state publications, particularly
10 audiovisual items, make compliance with the depository requirement impossible, the state
11 library shall accept as many copies as an agency can afford to provide. However, each agency
12 shall provide no less than two copies to the state library. State publications refer to any
13 informational materials regardless of format, method of reproduction, or source, originating in or
14 produced with the imprint of, by the authority of, or at the total or partial expense of, any state
15 agency. The definition incorporates those publications that may or may not be financed by state
16 funds but are released by private bodies such as research and consultant firms under contract
17 with or supervision of any state agency. In circumstances not directly involving the office of
18 management and budget, a state agency shall comply with the depository requirement by
19 arranging with the necessary parties for the printing and deposit of eight copies of any state
20 publication issued. State publications are specifically defined as public documents appearing as
21 reports, directories, statistical compendiums, bibliographies, laws or bills, rules, regulations,
22 newsletters, bulletins, state plans, brochures, periodicals, committee minutes, transcripts of
23 public hearings, other printed matter, audiotapes, videotapes, films, filmstrips, or slides, but not
24 those administrative or training materials used only within the issuing agency. As the document
25 acquisition and distribution agency, the state library shall retain for its document collection two
26 copies of every state document received and transmit the remaining copies to the depository
27 libraries. These are the libraries of the state historical society, the university of North Dakota,
28 North Dakota state university, library of Congress, and two others to be designated by the state
29 library. All nondepository North Dakota libraries may receive state documents under an optional
30 selection program developed by the state library. The state library shall catalog state
31 publications and arrange for their conversion to microfilm or to optical disk storagea digital
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1 format as prescribed by the state records administrator and shall make available for distribution
2 of the same upon request to the designated depository libraries.
3 SECTION 3. A new section to chapter 54-24.2 of the North Dakota Century Code is created
4 and enacted as follows:
5 Calculation of payment - Expenditures.
6 The state librarian may recalculate and adjust each eligible public library grant formula
7 based on a successful appeal by a public library determined to be ineligible. Within thirty days
8 after notification from the state librarian of a public library's ineligibility to receive grant funds,
9 the ineligible public library shall submit the appeal. The state librarian shall apply the difference
10 between the initial calculated grant formula and the recalculated grant formula to the next
11 available grant formula payment.
12 SECTION 4. AMENDMENT. Section 54-24.2-03 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 54-24.2-03. Incentive for local funding.
15 To provide for increased local funding, public libraries eligible to receive funds under section
16 54-24.2-02 shall have the funds allocated to them modified in accordance with the following
17 formula:
18 Cities levying
19 8.00 or more mills 150 percent of allocation
20 6.00 - 7.99 mills 125 percent of allocation
21 4.00 - 5.99 mills 100 percent of allocation
22 3.00 - 3.99 mills 75 percent of allocation
23 2.00 - 2.99 mills 50 percent of allocation
24 1.00 - 1.99 mills 33 percent of allocation
25 0.01 - 0.99 mills 25 percent of allocation
26 0.00 - mills 0 percent of allocation
27 Counties levying
28 4.00 or more mills 150 percent of allocation
29 3.00 - 3.99 mills 125 percent of allocation
30 2.00 - 2.99 mills 100 percent of allocation
31 1.50 - 1.99 mills 75 percent of allocation
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1 1.00 - 1.49 mills 50 percent of allocation
2 0.50 - 0.99 mills 33 percent of allocation
3 0.01 - 0.49 mills 25 percent of allocation
4 0.00 - mills 0 percent of allocation
5 The computation of mills must be based upon the levy on the taxable valuation and the mill levy
6 equivalent of other public funds received and deposited in the library fund for the operation of
7 the library by the governing body during the preceding fiscal year as certified by the auditor of
8 the city or county operating the library:
9 1. The levy on the taxable valuation as certified by the county auditor to the tax
10 commissioner. By May fifteenth of each year the tax commissioner shall provide the
11 state library the certified taxable valuations;
12 2. The other public funds received and deposited in the library fund for the operation of
13 the library by the governing body during the preceding fiscal year; and
14 3. Computation of the mill levy equivalent of other public funds as computed by the state
15 library.
16 SECTION 5. AMENDMENT. Section 54-24.4-05 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 54-24.4-05. North Dakota library coordinating council - Duties.
19 The North Dakota library coordinating council shall:
20 1. Assist in planning, coordinating, and evaluating the services and programs of libraries
21 in the state.
22 2. Serve as the state advisory council on libraries as required by Public Law
23 No. 101-254.
24 3. Approve the distribution of grants to libraries, except for grants distributed under
25 chapter 54-24.2.
26 4.3. Facilitate the development of a comprehensive statewide online library catalog,
27 promote statewide resource sharing, and encourage electronic networking among all
28 types of libraries.
29 5.4. Strengthen the state library in its role of coordinating and enriching library service in
30 the state.
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1 6.5. Support and strengthen library cooperative ventures, including consortia, regional
2 associations, and partnerships, in their role of extending and improving library services
3 in the state.
4 7.6. Promote equitable access to information resources and library services to persons
5 throughout the state.
6 8.7. Promote the services of libraries and librarians.
7 9.8. Take action necessary to carry out chapter 54-24.3 and this chapter.
8 SECTION 6. REPEAL. Section 40-38-10 of the North Dakota Century Code is repealed.
9 SECTION 7. REPEAL. Section 54-24.2-02.2 of the North Dakota Century Code is repealed.
10 SECTION 8. EFFECTIVE DATE. Sections 3, 4, and 7 of this Act become effective on
11 May 15, 2023.
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Statutes affected:
INTRODUCED: 40-38-09, 54-24-09, 54-24.2-03, 54-24.4-05, 40-38-10, 54-24.2-02.2
Enrollment: 40-38-09, 54-24-09, 54-24.2-03, 54-24.4-05, 40-38-10, 54-24.2-02.2