AN ACT Relating to
library facilities; adding a new section to chapter 36.32 RCW; adding a new
chapter to Title 27 RCW; and repealing RCW 27.14.010, 27.14.015, 27.14.020,
27.14.030, 27.14.035, 27.14.040, and 27.14.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that it is in the interests of the people of the state of Washington to be able
to establish library capital facility areas as quasi-municipal corporations and
independent taxing units existing within the boundaries of existing rural
county library districts, rural intercounty library districts, rural
partial-county library districts, or island library districts, for the purpose
of financing the construction of capital library facilities.
NEW SECTION. Sec.
2. Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Library
district" means rural county library district, rural intercounty library
district, rural partial-county library district, or island library district.
(2) "Library
capital facility area" means a quasi-municipal corporation and independent
taxing authority within the meaning of Article VII, section 1 of the state
Constitution, and a taxing district within the meaning of Article VII, section
2 of the state Constitution, created by a county legislative authority of one
or several counties. A library capital facility area may include all or a
portion of a city or town.
(3) "Library
capital facilities" includes both real and personal property including,
but not limited to, land, buildings, site improvements, equipment, furnishings,
collections, and all necessary costs related to acquisition, financing, design,
construction, equipping, and remodeling.
NEW SECTION. Sec.
3. Upon receipt of a
completed written request to both establish a library capital facilities area
and submit a ballot proposition under section 6 of this act to finance library
capital facilities, that is signed by a majority of the members of the board of
trustees of a library district or board of trustees of a city or town library,
the county legislative authority or county legislative authorities for the
county or counties in which a proposed library capital facility area is to be
established shall submit separate ballot propositions to voters to authorize
establishing the proposed library capital facilities area and authorizing the
library capital facilities area, if established, to finance library capital
facilities by issuing general indebtedness and imposing excess levies to retire
the indebtedness. The ballot propositions may only be submitted to voters at a
general election. Approval of the ballot proposition to create a library
capital facilities area shall be by a simple majority vote.
A completed request
submitted under this section shall include: (1) A description of the
boundaries of the library capital facility area; and (2) a copy of the
resolution of the legislative authority of each city or town, and board of
trustees of each library district, with territory included within the proposed
library capital facilities area indicating both: (a) Its approval of the
creation of the proposed library capital facilities area; and (b) agreement on
how election costs will be paid for submitting ballot propositions to voters
that authorize the library capital facilities area to incur general
indebtedness and impose excess levies to retire the general indebtedness.
NEW SECTION. Sec.
4. The governing body of the
library capital facility area shall be three members of the county legislative
authority from each county in which the library capital facility area is
located. In counties that have more than three members of their legislative
body, the three members who shall serve on the governing body of the library
capital facility area shall be chosen by the full membership of the county
legislative authority. Where the library capital facility area is located in
more than one county, a county may be represented by less than three members by
mutual agreement of the legislative authorities of the participating counties.
NEW SECTION. Sec.
5. A library capital
facilities area may construct, acquire, maintain, and remodel library capital
facilities and the governing body of the library capital facility area may, by
interlocal agreement or otherwise, contract with a county, city, town, or
library district to design, administer the construction of, operate, or
maintain a library capital facility financed pursuant to this chapter. Legal
title to library capital facilities acquired or constructed pursuant to this
chapter may be transferred, acquired, or held by the library capital facility
area or by a county, city, town, or library district in which the facility is
located.
NEW SECTION. Sec.
6. (1) A library capital
facility area may contract indebtedness or borrow money to finance library
capital facilities and may issue general obligation bonds for such purpose not
exceeding an amount, together with any existing indebtedness of the library
capital facility area, equal to one and one-quarter percent of the value of the
taxable property in the district and impose excess property tax levies to
retire the general indebtedness as provided in RCW 39.36.050 if a ballot
proposition authorizing both the indebtedness and excess levies is approved by
at least three-fifths of the voters of the library capital facility area voting
on the proposition, and the total number of voters voting on the proposition
constitutes not less than forty percent of the total number of voters in the
library capital facility area voting at the last preceding general election.
The term "value of the taxable property" has the meaning set forth in
RCW 39.36.015. Such a proposition may only be submitted to voters at a general
election and may be submitted to voters at the same election as the election
when the ballot proposition authorizing the establishing of the library capital
facilities district is submitted.
(2) A library capital
facility area may accept gifts or grants of money or property of any kind for
the same purposes for which it is authorized to borrow money in subsection (1)
of this section.
NEW SECTION. Sec.
7. (1) A library capital
facility area may be dissolved by a majority vote of the governing body when
all obligations under any general obligation bonds issued by the library
capital facility area have been discharged and any other contractual
obligations of the library capital facility area have either been discharged or
assumed by another governmental entity.
(2) A library capital
facility area shall be dissolved by the governing body if the first two ballot
propositions under section 6 of this act that are submitted to voters are not
approved.
NEW SECTION. Sec.
8. A new section is added
to chapter 36.32 RCW to read as follows:
A county legislative
authority may establish a library capital facility area pursuant to chapter
27.-- RCW (sections 1 through 7 of this act).
NEW SECTION. Sec.
9. The following acts or
parts of acts are each repealed:
(1) RCW 27.14.010 and 1961 c
162 s 1;
(2) RCW 27.14.015 and 1963 c
80 s 5;
(3) RCW 27.14.020 and 1963 c
80 s 1 & 1961 c 162 s 2;
(4) RCW 27.14.030 and 1963 c
80 s 2 & 1961 c 162 s 3;
(5) RCW 27.14.035 and 1963 c
80 s 3;
(6) RCW 27.14.040 and 1963 c
80 s 4 & 1961 c 162 s 4; and
(7) RCW 27.14.050 and 1961 c
162 s 5.
NEW SECTION. Sec.
10. Sections 1 through 7 of
this act shall constitute a new chapter in Title 27 RCW.
