HOUSE BILL 971055
BY REPRESENTATIVES Nichol, Mace, and Snyder;
also SENATORS Bishop and Rupert.
CONCERNING THE PROVISION OF LIBRARY SERVICES BY LOCAL
GOVERNMENTS THROUGH A PETITION PROCESS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2490107
(3) (c), (3) (d), (3) (e), and (3) (f), Colorado Revised Statutes,
1988 Repl. Vol., as amended, are amended to read:
2490107. Method of establishment.
(3) If establishment of a county or municipal library
or a library district is by petition of registered electors, the
following procedures shall be followed:
(c) (I) EXCEPT AS OTHERWISE PROVIDED
IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH (c), at the
time of filing the petition for the establishment of a library
district, a bond shall be filed with the county or counties sufficient
to pay all expenses connected with the organization of the library
district if such organization is not effected.
(II) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH
(III) OF THIS PARAGRAPH (c), THE BOARD OF COUNTY COMMISSIONERS
OF EACH COUNTY HAVING TERRITORY WITHIN THE LIBRARY SERVICE AREA
OF THE PROPOSED LIBRARY DISTRICT MAY:
(A) WAIVE THE BONDING REQUIREMENT; AND
(B) WITH THE CONSENT OF THE BOARD OF TRUSTEES
OF AN EXISTING LIBRARY, PAY FOR THE COSTS OF THE ELECTION FOR
THE PROPOSED LIBRARY DISTRICT. IF THE LIBRARY SERVICE AREA OF
A PROPOSED LIBRARY DISTRICT INCLUDES TWO OR MORE COUNTIES, THE
COSTS OF ELECTION FOR SUCH LIBRARY DISTRICT TO BE PAID BY ANY
COUNTY PURSUANT TO THIS SUBSUBPARAGRAPH (B) SHALL NOT EXCEED
A PERCENTAGE OF SAID COSTS EQUAL TO THE PERCENTAGE THAT THE POPULATION
OF THE COUNTY WITHIN THE BOUNDARIES OF THE LIBRARY SERVICE AREA
BEARS TO THE TOTAL POPULATION WITHIN THE BOUNDARIES OF SUCH SERVICE
AREA.
(III) (A) SUBJECT TO THE PROVISIONS
OF SUBSUBPARAGRAPHS (B) AND (C) OF THIS SUBPARAGRAPH (III),
THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY HAVING TERRITORY
WITHIN THE LIBRARY SERVICE AREA OF THE PROPOSED LIBRARY DISTRICT
SHALL PAY NO LESS THAN FIFTY PERCENT OF THE COSTS OF THE ELECTION
FOR SUCH LIBRARY DISTRICT IF THE PETITION SUBMITTED PURSUANT TO
SUBSECTION (1) OF THIS SECTION CONTAINS SIGNATURES BY REGISTERED
ELECTORS RESIDING IN THE PROPOSED LIBRARY DISTRICT IN AN AMOUNT
EQUAL TO AT LEAST FIVE PERCENT OF THE TOTAL NUMBER OF VOTES CAST
OF ANY PRECINCT IN THE PROPOSED LIBRARY DISTRICT FOR ALL CANDIDATES
FOR THE OFFICE OF SECRETARY OF STATE AT THE PREVIOUS GENERAL ELECTION.
(B) PAYMENT OF ELECTION COSTS FOR ANY
LIBRARY DISTRICT SHALL NOT BE REQUIRED OF ANY COUNTY UNDER THIS
SUBPARAGRAPH (III) MORE THAN ONCE EVERY FOUR YEARS.
(C) IN THE CASE WHERE THE LIBRARY SERVICE
AREA OF A PROPOSED LIBRARY DISTRICT INCLUDES TWO OR MORE COUNTIES,
THE COSTS OF THE ELECTION FOR SUCH LIBRARY DISTRICT SHALL BE PAID
ON A PRORATED BASIS WITH EACH COUNTY WITHIN THE BOUNDARIES OF
THE PROPOSED LIBRARY SERVICE AREA PAYING A PERCENTAGE OF SAID
COSTS EQUAL TO THE PERCENTAGE THAT THE POPULATION OF THE COUNTY
WITHIN THE BOUNDARIES OF THE LIBRARY SERVICE AREA BEARS TO THE
TOTAL POPULATION OF SUCH SERVICE AREA.
(d) Upon receipt of such petition, the
legislative body or bodies shall either establish the library
by resolution or ordinance, in accordance with subsection (2)
of this section, or shall submit the question of the establishment
of a public library to a vote of the registered electors residing
in the proposed library service area IN ACCORDANCE WITH THE FOLLOWING
PROVISIONS: at the next municipal
election held thereafter, in the case of a municipal library,
or at the next general election held thereafter, in the case of
a library district or county library, so long as such petition
has been received by such legislative body or bodies more than
ninety days preceding such election.
(I) IN THE CASE OF A MUNICIPAL LIBRARY,
SUCH ELECTION SHALL BE HELD IN ACCORDANCE WITH ARTICLE 10 OF TITLE
31, C.R.S., AND SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION,
AND SHALL BE HELD ON THE DATE OF THE STATE BIENNIAL GENERAL ELECTION,
THE FIRST TUESDAY IN NOVEMBER IN ODDNUMBERED YEARS, OR THE
MUNICIPAL REGULAR ELECTION, WHICHEVER IS EARLIEST; EXCEPT THAT
SUCH PETITION SHALL BE FILED AT LEAST NINETY DAYS BEFORE SUCH
ELECTION.
(II) IN THE CASE OF A LIBRARY DISTRICT
OR COUNTY LIBRARY, SUCH ELECTION SHALL BE HELD IN ACCORDANCE WITH
ARTICLES 1 TO 13 OF TITLE 1, C.R.S., AND SECTION 20 OF ARTICLE
X OF THE STATE CONSTITUTION, AND SHALL BE HELD ON THE DATE OF
THE STATE BIENNIAL GENERAL ELECTION OR THE FIRST TUESDAY IN NOVEMBER
IN ODDNUMBERED YEARS, WHICHEVER IS EARLIEST; EXCEPT THAT
SUCH PETITION SHALL BE FILED AT LEAST NINETY DAYS BEFORE SUCH
ELECTION.
(III) Public hearings shall be conducted
by such legislative body or bodies prior to an election and shall
include a discussion of the purposes of the library to be formed
and, where more than one governmental unit is involved, the powers,
rights, obligations, and responsibilities, financial and otherwise,
of each governmental unit.
(e) Notice
of such election shall contain the name of the proposed library,
a description of the library service area of the proposed library,
the name of each establishing governmental unit, the date and
place of the election, and the proposed funding.
(f) The question
of the establishment of a municipal or county library shall present
the proposition: "Shall the proposed (name of proposed library),
county of (name of county), state of Colorado, which shall serve
(description of library service area), be established as a public
library, and shall the legislative body of (name of county or
municipality) be authorized to levy a maximum tax of ____ for
the establishment, operation, and maintenance of (name of proposed
library)?". The question of the establishment of a library
district shall present the proposition: "Shall the proposed
(name of proposed district), county(ies) of (name of included
county or counties), state of Colorado, which shall include all
property within the boundaries of (description of library service
area of district), be established as a library district, and shall
the board of trustees of the (name of proposed district) certify
and the legislative body be authorized to levy a maximum of ____
mills to be levied upon real and personal property for the establishment,
operation, and maintenance of (name of proposed district)?".
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO