H-3739

AN ACT Relating to accountability and fair access in library districts; amending RCW 27.12.050, 27.12.130, 27.12.190, and 27.12.420; and adding new sections to chapter 27.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 27.12.050 and 1973 1st ex.s. c 195 s 5 are each amended to read as follows:

After the ((~~board of~~)) county ((~~commissioners~~)) legislative authority has declared a rural county library district established, it shall appoint ((a)) an initial board of library trustees and provide funds for the establishment and maintenance of library service for the district by making a tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year sufficient for the library service as shown to be required by the budget submitted to the ((~~board of~~)) county ((~~commissioners~~)) legislative authority by the board of library trustees, and by making a tax levy in such further amount as shall be authorized pursuant to RCW 27.12.222 or RCW 84.52.052 or 84.52.056. Such levies shall be a part of the general tax roll and shall be collected as a part of the general taxes against the property in the district.

Sec. 2. RCW 27.12.130 and 1959 c 133 s 1 are each amended to read as follows:

Immediately following the establishment of an intercounty rural library district the ((~~boards of~~)) county ((~~commissioners~~)) legislative authorities of the counties affected shall jointly appoint ((a)) an initial board of five or seven trustees for the district in accordance with RCW 27.12.190. The board of trustees shall appoint a librarian for the district.

Sec. 3. RCW 27.12.190 and 1982 c 123 s 8 are each amended to read as follows:

(1) The management and control of a library shall be vested in a board of either five or seven trustees as ((~~hereinafter~~)) provided in this section ((~~provided~~)).

In cities and towns five trustees shall be appointed by the mayor with the consent of the city or town legislative body. The board of trustees of a city or town shall remain an appointed body.

In county law libraries, five trustees shall be appointed by the county legislative authority. The board of trustees of a county law library shall remain an appointed body.

In ((~~counties,~~)) rural county library districts((,)) and island library districts, five trustees shall be appointed as the initial board of trustees by the ((~~board of~~)) county ((~~commissioners~~)) legislative authority. The board of trustees of a rural county library district or island library district shall become an elected body, as provided in subsection (3) of this section.

In a regional library district a board of either five or seven trustees shall be appointed by the joint action of the legislative bodies concerned. The board of trustees of a regional library shall remain an appointed body.

In intercounty rural library districts a board of either five or seven trustees shall be appointed as the initial board of trustees by the joint action of the ((boards of county commissioners of each of the)) counties included in a district. The board of trustees of an intercounty rural library district shall become an elected body, as provided in subsection (3) of this section.

~~(2) The first appointments for boards of trustees comprised of ((but~~)) five trustees that remain appointed bodies shall be for terms of one, two, three, four, and five years respectively((~~, and thereafter a trustee shall be appointed annually to serve for five years~~)). Successor trustees shall be appointed to five-year terms of office. The first appointments for boards of trustees comprised of seven trustees that remain appointed bodies shall be for terms of one, two, three, four, five, six, and seven years respectively((~~, and thereafter a trustee shall be appointed annually to serve for seven years~~)). Successor trustees shall be appointed to seven-year terms of office. No person shall be appointed to any board of trustees for more than two consecutive terms.

(3) The persons appointed as trustees to boards of trustees that will become elected bodies shall hold office until their successors are elected and assume office as provided in RCW 29.04.170. An election shall be held to elect their successors at the first district general election occurring ninety or more days after the district is created. Candidates shall run for specific trustee positions. On a five-member board of trustees, the three persons elected as trustees who received the greatest number of votes shall be elected to four-year terms of office and the remaining persons who are elected as trustees shall be elected to two-year terms of office. On a seven-member board of trustees, the four persons who are elected as trustees who receive the greatest number of votes shall be elected to four-year terms of office and the remaining persons who are elected as trustees shall be elected to two-year terms of office. Their successors shall be elected to four-year terms of office. Library district elections shall conform with general election law.

(4) Vacancies shall be filled for unexpired terms as soon as possible in the manner in which members of the board of trustees are regularly chosen. A vacancy shall occur on an elective trustee position as provided in RCW 42.12.010.

(5) A library trustee, whether elected or appointed, shall not receive a salary or other compensation for services as trustee, but necessary expenses actually incurred shall be paid from the library funds.

(6) A library trustee in the case of a city ((or)), town, or county law library, may be removed only by vote of the legislative body. ((A trustee of a county library, a rural county library district library, or an island library district library may be removed for just cause by the county commissioners after a public hearing upon a written complaint stating the ground for removal, which complaint, with a notice of the time and place of hearing, shall have been served upon the trustee at least fifteen days before the hearing. A trustee of an intercounty rural library district may be removed by the joint action of the board of county commissioners of the counties involved in the same manner as provided herein for the removal of a trustee of a county library.))

Sec. 4. RCW 27.12.420 and 1982 c 123 s 4 are each amended to read as follows:

Immediately following the establishment of an island library district, the ((~~board of~~)) county ((~~commissioners~~)) legislative authority shall appoint ((a)) an initial board of library trustees for the district, and the successor trustees shall elect, in accordance with RCW 27.12.190. The board of trustees shall appoint a librarian for the district.

Funds for the establishment and maintenance of the library service of the district shall be provided by the ((~~board of~~)) county ((~~commissioners~~)) legislative authority by means of an annual tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year. The tax levy shall be based on a budget to be compiled by the board of trustees of the island library district who shall determine the tax rate necessary and certify their determination to the ((~~board of~~)) county ((~~commissioners~~)) legislative authority.

Excess levies authorized pursuant to RCW 27.12.222, 84.52.052, or 84.52.056 shall be at a rate determined by the board of trustees of the island library district and certified to the ((~~board of~~)) county ((~~commissioners~~)) legislative authority.

NEW SECTION. Sec. 5. A new section is added to chapter 27.12 RCW to read as follows:

Each rural county library district shall enter into a reciprocal service agreement with each city or town located in the same county as the library district, if the city or town provides library services to its residents and the number of books per capita in the permanent library collection of the city or town is at least equal to the number of books per capita in the permanent library collection of the rural county library district. Each intercounty rural library district shall enter into a reciprocal service agreement with each city or town located in the same counties as the library district, if the city or town provides library services to its residents and the number of books per capita in the permanent library collection of the city or town is at least equal to the number of books per capita in the permanent library collection of the intercounty rural library district. The population of the entire rural county library district or intercounty rural library district, including the population of a city or town that has annexed to the library district, shall be used to calculate the number of books per capita for the rural county library district or intercounty rural library district.

A reciprocal service agreement shall allow residents of the city or town to borrow materials and use the interlibrary loan system of the rural county library district or intercounty rural library district under the same conditions as the residents of the library district or are eligible to borrow materials and use the interlibrary loan system of the city or town library.

If, after January 1, 1992, a reciprocal service agreement has not been entered into, a city, town, rural county library district, or intercounty rural library district may submit the matter to arbitration under chapter 7.04 RCW.

NEW SECTION. Sec. 6. A new section is added to chapter 27.12 RCW to read as follows:

Every rural county library district and intercounty rural library district shall issue nonresident library cards, enabling the holders to enjoy all the privileges of residents of the library district, to residents of a city or town located in the county or counties in which the library district is located if, the city or town does not operate a city or town library, and (1) does not have a contract with the library district enabling the city or town residents to use the library district facilities or (2) library district property taxes are not being imposed in the city or town as a result of being annexed by the library district.

A rural county library district or intercounty library district may impose an annual charge for a nonresident library card not to exceed the per capita costs of its normal library users. For purposes of calculating the per capita costs of its normal library users, "normal library users" means the number of persons residing in the library district and a city or town located in the same county or counties as the library district that does not operate a city or town library but has a contract with the library district for its residents to use the library district facilities. Whenever a city or town annexes to a library district, the population of the city or town shall not be included as part of the library district until the library district property tax levy is imposed in the city or town. For purposes of calculating the per capita costs of its normal library users, the "costs" of a library district are the amount of the property tax levy or levies of the library district that is imposed for collection in the year for which the card is issued and the amount of any contracts for library services that the library district receives from a city or town permitting the city or town residents to use the library district facilities for the year in which the card is issued.