SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2176
As Amended by Senate Committee on Local
Government
Brief*
HB 2176, as amended, would create the Arkansas City
Area Public Library District Act and the Udall Area Public
Library District Act (Acts). The Acts would be identical except
for references to the cities of Arkansas City and Udall and
references to USD 470 (Arkansas City) and USD 463 (Udall).
The bill would also make conforming amendments to a
statute defining “local public libraries.”
Creation of Library Districts
The Acts would authorize the Boards of Trustees of
existing public libraries in the cities of Arkansas City and Udall
to adopt resolutions submitting to voters the question of
creating a library district and a proposed tax levy amount. The
library district territory would be the territory within the
boundaries of the relevant school district.
Upon a majority of qualified electors of the proposed
library districts voting in favor of the proposed library district,
the district would be established and all contracts, bonds,
debts, and other obligations of the existing public libraries
would transfer to the new district, except for debts related to
the ownership of real estate of the library, which would remain
an obligation of the city.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Governance of Library Districts
Library districts under the Acts would be governed by
seven-member boards of trustees (board or boards). Four
members would be appointed by the governing body of the
relevant city with one member residing outside the city, and
three members living outside of the city would be appointed
by the relevant boards of education. The members would be
appointed to terms of four years and would serve until
successors are appointed and qualified. Members would be
eligible for reappointment, but could not serve more than two
consecutive terms without one year of non-service following
the second consecutive term. Members would receive no
compensation, but would be paid actual expenses associated
with their duties.
The boards would be required to annually elect a
chairperson, secretary, and treasurer and other officers
deemed necessary by the board. Regular meetings would be
set by the board, and limited special meetings could be called
by the chairperson or a majority of the members of the board.
The bill would require the board treasurer to give bond in an
amount set by the board and pay out funds on orders of the
board signed by the chairperson and secretary. County
treasurers would be required to remit funds collected for the
board to the board treasurer.
The boards would be required to annually adopt a
budget for the library following notice and a hearing
concerning the budget. The bill would require the budget to
state the amount of tax to be collected, which would be levied
on behalf of the library district by the relevant board of
education. The bill would require the tax levy to be submitted
to an election upon the filing of a petition signed by at least
five percent of the qualified voters in the tax district. The bill
would prohibit the proceeds of the tax from supporting a
regional system of cooperating libraries for any subsequent
calendar year.
2- 2176 The bill would state the libraries would cease to be
participating libraries in their respective library systems. The
bill would authorize the library districts created by the bill to
submit a petition to join their respective library systems as
participating libraries.
Operation of Libraries
The bill would require the library to be free for the use of
residents of the library district, subject to rules adopted by the
board. The library would be permitted to charge non-residents
a fee for the use of the library.
The board would be authorized to exercise the usual
powers of a corporation for public purposes. Specifically, the
board would be authorized to:
●Make appropriate rules for the administration of the
library;
●Purchase or lease real estate for the library;
●Acquire library materials;
●Employ a librarian and other employees;
●Establish and maintain a traveling library;
●Contract with other libraries or municipalities;
●Receive gifts, grants, and tax proceeds; and
●Make annual reports to the State Librarian and the
board of education.
Background
The House Committee on Taxation inserted the contents
of HB 2205 into HB 2176 while retaining the contents of HB
3- 2176 2176. Background information for each bill may be found
below.
HB 2176
The bill was introduced by Representatives Rhiley and
Roth.
House Committee on Taxation
In the House Committee hearing on February 7, 2023,
proponent testimony was provided by representatives of the
Arkansas City Public Library and USD 470 (Arkansas City).
The proponents generally stated the bill would allow the
library to receive additional tax proceeds, which would
exceed the amount provided for in the city’s charter
ordinance.
Written-only proponent testimony was provided by
representatives of the Arkansas City Public Library and four
private citizens.
Written-only neutral testimony was provided by the State
Librarian of Kansas and a representative of the South Central
Kansas Library System (SCKLS).
The House Committee amended the bill to add the
provisions of HB 2205, a substantially similar bill regarding
the Udall Public Library.
Senate Committee on Local Government
In the Senate Committee hearing on February 1 and
February 15, 2024, proponent testimony was provided by
representatives of the Arkansas City Public Library and the
Udall Public Library. A copy of a resolution adopted by the
USD 463 (Udall) Board of Education in support of the bill was
provided.
4- 2176 Opponent written-only testimony was provided by a
representative of the Southeast Kansas Library System
(SEKLS). They stated the precedent that the Independence
Public Library set for ending rural tax support to the regional
system through special legislation could encourage other
libraries to do the same which could severely hinder the
regional systems’ capacity to provide services.
Neutral testimony was provided by the State Librarian
on behalf of the State Library of Kansas. He provided
historical context regarding the regional library system in
Kansas including the provisions and distinctions between the
taxing authority that belongs to the regional library system
and the local libraries. The State Librarian also noted the
State Library of Kansas Board has the authority to approve
exclusion of a library taxing district from a system taxing
district without the exclusion harming the regional system. He
stated this bill would allow other districts to follow which could
greatly reduce the funds received by the regional systems
which would make it difficult to provide services to local
libraries.
Written-only neutral testimony was provided by
representatives of the Central Kansas Library System (CKLS)
and SCKLS.
The Senate Committee amended the bill to:
●Allow the Arkansas City Public Library to submit a
petition to rejoin the CKLS once the library ceases
to participate in the regional system after
transitioning to the new library district under the bill;
●Allow the Udall Public Library to submit a petition to
rejoin the SCKLS once the library ceases to
participate in the regional system after transitioning
to the new library district under the bill; and
●Prohibit a tax levy for any subsequent calendar
year to support the regional system of cooperating
5- 2176 libraries on land within the library districts created
by the bill after the levies provided for in the bill
take effect.
HB 2205
House Committee on Taxation
In the House Committee hearing on February 7, 2023,
proponent testimony was provided by a representative of the
Udall Public Library, stating the bill would better align the
library’s taxing district with its patron base and allow the
library to provide more services while levying a lower tax rate.
Written-only proponent testimony was provided by a
representative of the Udall Public Library and a private
citizen.
Written-only neutral testimony was provided by the State
Librarian of Kansas and a representative of the South Central
Kansas Library System.
Fiscal Information
According to the fiscal notes prepared by the Division of
the Budget on the bills, as introduced, the bills would have a
negligible state fiscal effect. Enactment of the bills could have
a local fiscal effect in Cowley County attributable to the costs
of special elections to establish the libraries and the change
in taxing districts and tax levies associated with the libraries.
Each special election is anticipated to cost between $10,000
and $15,000. Any fiscal effect associated with enactment of
the bill is not reflected in The FY 2024 Governor’s Budget
Report.
Public libraries; Arkansas City; Udall; regional library system; district library; Udall
area public library district; Arkansas City public library district
6- 2176