BY REPRESENTATIVES Epps, Lawrence, Mace, and Morrison;
also SENATOR Powers.
CONCERNING THE TAXING AUTHORITY OF SCHOOL DISTRICTS
TO SUPPORT SCHOOL LIBRARIES WHICH ARE SUPPORTED BY TAXES LEVIED
PRIOR TO THE ENACTMENT OF THE "COLORADO LIBRARY LAW".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative declaration. The
general assembly hereby declares that its purpose in enacting
this act is to clarify that school districts that, with or without
approval by the electors of the school district, began levying
a tax to support school libraries before the enactment of the
"Colorado Library Law" have been and shall continue
to be authorized to levy a tax to support such libraries.
SECTION 2. 2490109
(4), Colorado Revised Statutes, is amended to read:
2490109. Powers and duties
of board of trustees. (4) In
addition to the powers and duties of a board of trustees specified
in subsection (1) of this section, the board of trustees of a
SCHOOL DISTRICT SUPPORTED PUBLIC LIBRARY, municipal LIBRARY, or
county library, or a library district shall have the authority
to request of the BOARD OF EDUCATION IN THE CASE OF A SCHOOL DISTRICT
SUPPORTED PUBLIC LIBRARY, THE legislative body of the city or
town in the case of a municipal library, or the board of county
commissioners in the case of a county library or library district
that an election be held to alter the maximum tax levied to support
the SCHOOL DISTRICT SUPPORTED PUBLIC LIBRARY, municipal LIBRARY,
or county
library, or library district pursuant to section 2490112
(1) (b) (III). FOR PURPOSES OF THIS SUBSECTION (4), "SCHOOL
DISTRICT SUPPORTED PUBLIC LIBRARY" MEANS ANY LIBRARY SOLELY
ESTABLISHED AND MAINTAINED BY A SCHOOL DISTRICT FOR WHICH SUCH
SCHOOL DISTRICT BEGAN LEVYING A TAX BEFORE THE ENACTMENT OF THE
"COLORADO LIBRARY LAW" ON JULY 1, 1979. FOR ALL OTHER
PURPOSES UNDER THIS ARTICLE, A SCHOOL DISTRICT SUPPORTED PUBLIC
LIBRARY SHALL BE DEEMED A PUBLIC LIBRARY.
SECTION 3. 2490112
(1) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2490112. Tax support
elections. (1) (a) (V) THE
BOARD OF EDUCATION OF A SCHOOL DISTRICT THAT BEGAN LEVYING A TAX
FOR THE OPERATION AND MAINTENANCE OF A SCHOOL DISTRICT SUPPORTED
PUBLIC LIBRARY BEFORE THE ENACTMENT OF THE "COLORADO LIBRARY
LAW" ON JULY 1, 1979, IS AUTHORIZED TO CONTINUE TO LEVY SUCH
TAX FOR SAID PURPOSES, SUBJECT TO THE LIMITATIONS SET FORTH IN
PARAGRAPH (b) OF THIS SUBSECTION (1).
SECTION 4. 2490112
(1) (b) (I), (1) (b) (III), and (1) (b) (IV), Colorado Revised
Statutes, are amended to read:
2490112. Tax support
elections. (1) (b) (I) (A) EXCEPT
AS OTHERWISE PROVIDED UNDER SUBSUBPARAGRAPH (B) OF THIS
SUBPARAGRAPH (I) the legislative body for the specified governmental
unit shall submit, after notice, the question of any amount of
tax levy not previously established by resolution or ordinance
nor previously approved by the electors for the establishment,
operation, and maintenance of public libraries to a vote of the
registered electors residing in the unit or that portion of a
library district within the unit, as the case may be, at the next
general election on the first Tuesday in November of oddnumbered
years or on the unit's biennial election date.
(B) THE BOARD OF EDUCATION OF A SCHOOL
DISTRICT SHALL SUBMIT, AFTER NOTICE, THE QUESTION OF ANY AMOUNT
OF TAX LEVY NOT PREVIOUSLY ESTABLISHED BY RESOLUTION FOR THE OPERATION
AND MAINTENANCE OF SCHOOL DISTRICT SUPPORTED PUBLIC LIBRARIES
TO A VOTE OF THE REGISTERED ELECTORS RESIDING IN THE SCHOOL DISTRICT
AT THE NEXT GENERAL ELECTION ON THE FIRST TUESDAY IN NOVEMBER
OF ODDNUMBERED YEARS OR ON THE SCHOOL DISTRICT'S BIENNIAL
ELECTION DATE. FOR PURPOSES OF THIS SUBSECTION (1), "SCHOOL
DISTRICT SUPPORTED PUBLIC LIBRARY" MEANS ANY LIBRARY SOLELY
ESTABLISHED AND MAINTAINED BY A SCHOOL DISTRICT FOR WHICH SUCH
SCHOOL DISTRICT BEGAN LEVYING A TAX BEFORE THE ENACTMENT OF THE
"COLORADO LIBRARY LAW" ON JULY 1, 1979.
(III) Notwithstanding the authorization
contained in paragraph (a) of this subsection (1) and in addition
to the provisions of subparagraph (I) of this paragraph (b), upon
request of the board of trustees of the municipal or county library
or the library district, or upon resolution of the legislative
body of the city or town by its own initiative in the case of
a municipal library, OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT
BY ITS OWN INITIATIVE IN THE CASE OF A SCHOOL DISTRICT SUPPORTED
PUBLIC LIBRARY, or of the board of county commissioners by its
own initiative in the case of a county library or library district,
the legislative body of the city or town, THE BOARD OF EDUCATION
OF THE SCHOOL DISTRICT, or the board of county commissioners shall
submit to a vote of the registered electors residing within the
library service area a proposition containing the desired maximum
tax levy specified in the request or resolution.
(IV) Following a vote by the people in
which a maximum mill levy has been set for the support of a municipal
or county library or a library district, such levy shall remain
in effect, subject to the requirements of section 291301,
C.R.S., until the people have established by subsequent vote pursuant
to the provisions of this section a change in the levy. FOR A
SCHOOL DISTRICT THAT BEGAN LEVYING A TAX FOR THE OPERATION AND
MAINTENANCE OF A SCHOOL DISTRICT SUPPORTED PUBLIC LIBRARY BEFORE
THE ENACTMENT OF THE "COLORADO LIBRARY LAW" ON JULY
1, 1979, SUCH MILL LEVY SHALL REMAIN IN EFFECT UNTIL THE PEOPLE
HAVE ESTABLISHED, BY SUBSEQUENT VOTE PURSUANT TO THE PROVISIONS
OF THIS SECTION, A CHANGE IN THE LEVY.
SECTION 5. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO