SESSION OF 2024
CONFERENCE COMMITTEE REPORT BRIEF
HOUSE BILL NO. 2176
As Agreed to April 4, 2024
Brief*
HB 2176, as amended, would create the Arkansas City Area Public Library District Act and
the Udall Area Public Library District Act (Library Acts). These 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.” The bill would also create the Dwayne Peaslee Technical Training Center
District Act, if Douglas County voters approve.
Creation of Library Districts
The Library 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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*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2176 Governance of Library Districts
Library districts under the Library 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 the
city would be appointed by the relevant board of education. The bill would require board
members to be residents of the relevant library district created under the Library Acts. 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, treasurer, and
other officers deemed necessary by the board. Regular meetings of the board 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 5 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.
The bill would state the libraries would cease to be participating libraries in their respective
library systems. The bill would authorize each library district created by the bill to submit a
petition to join its respective library system as a participating library.
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
2 - 2176 ●Make annual reports to the State Librarian and the board of education.
Dwayne Peaslee Technical Training Center District Act
The bill would allow the Board of County Commissioners of Douglas County
(Commissioners) to submit the question of the creation of the Dwayne Peaslee Technical
Training Center District (Peaslee District) to the voters of Douglas County at any primary,
general, or special election.
If approved by a majority of Douglas County voters, the bill would dissolve the existing
Board of Directors for the Dwayne Peaslee Technical Training Center (Center). It would also
require the Commissioners to establish by resolution the first Board of Directors for the District
(Peaslee Board), composed of seven members, the criteria for serving on such board, and the
terms of office for the first board.
Board Requirements
The bill would require the Peaslee Board to annually:
●Elect a chairperson, secretary, and treasurer;
●Elect other officers deemed necessary by the Board;
●Fix the date and place of its regular meetings;
●Adopt bylaws as appropriate;
●File a bond with the Douglas County Clerk;
●Maintain accurate records of all money received and disbursed; and
●Prepare and publish an annual budget for the maintenance and support of the district.
Obligations
The bill would require all contracts previously entered into and all outstanding bonds,
debts, and other obligations of the Center to be assumed by the Peaslee District.
Taxing Authority
The bill would authorize the Board to levy a property tax not to exceed 0.50 mills for all
taxable, tangible property in the District (Douglas County). The tax levy would not be considered
a tax levy of Douglas County.
District Powers
The bill would authorize the Peaslee District to:
●Enter into contracts;
3 - 2176 ●Sue and be sued;
●Acquire, hold, and convey real and personal property;
●Make and adopt rules and regulations for the administration of the District;
●Lease land and buildings;
●Acquire material and equipment necessary for maintenance or extension of the
Center;
●Employ persons as the Peaslee Board deems necessary;
●Make annual reports of receipts and disbursements to Douglas County;
●Receive, accept, and administer money received from the State, federal government,
or private donors;
●Receive and accept donations; and
●Make annual reports to the Commissioners on or before January 31 of each year for
the preceding calendar year, showing receipts and disbursements and showing
statistical information relating to students served and programs offered.
Conference Committee Action
The Conference Committee agreed to the provisions of HB 2176, as amended by the
Senate Committee on Local Government, with an amendment to require residence in the district
for library board members, and agreed to add the provisions of SB 529, as amended by the
Senate Committee on Ways and Means.
Background
The House Committee on Taxation inserted the contents of HB 2205 into HB 2176 while
retaining the contents of HB 2176. Background information for each bill may be found below.
The Senate Committee of the Whole added the contents of SB 284 into HB 2176.
HB 2176 (Library Acts)
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.
4 - 2176 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. [Note: The Conference Committee retained these
amendments.]
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.
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 libraries on land within the library districts created by the bill after the
levies provided for in the bill take effect.
[Note: The Conference Committee retained these amendments.]
5 - 2176 Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to:
●Add the contents of SB 284 regarding the Blind Information Access Act; and
●In the Library Acts, require the library board members to be elected in the next
general election after the library districts are created, rather than be appointed.
[Note: The Conference Committee did not retain these amendments.]
HB 2205 (Udall Library District)
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 a representative of the Udall Public Library, stating HB 2205 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 SCKLS.
SB 529 (Dwayne Peaslee Technical Training Center District Act)
The bill was introduced by the Senate Committee on Ways and Means at the request of
Senator Billinger. [Note: A substantially similar bill, 2021 HB 2175, passed the House and was
recommended by the Senate Committee on Local Government.]
Senate Committee on Ways and Means
In the Senate Committee hearing, proponent testimony was provided by Senators
Francisco and Kloos, as well as representatives of the Center and the Kansas Building Industry
Association. The proponents generally stated the program has been successful, and the District
would provide a stable income source for the Center if approved by Douglas County voters.
Written-only proponent testimony was provided by representatives of Adecco; the City of
Lawrence; the Chamber of Lawrence, Kansas; Emprise Bank; Home Builders Association; LMH
Health; and Petefish, Immel, Hird, Johnson, Leibold & Sloan, LLP.
No other testimony was provided.
6 - 2176 The Senate Committee amended the provisions of the bill to change the timing of the
election in which to submit the question about the creation of the Center from “the next” election
to “any” election. [Note: The Conference Committee retained this amendment.]
Fiscal Information
HB 2176 (Library Acts)
According to the fiscal notes prepared by the Division of the Budget on the library bills (HB
2176 and HB 2205), 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 bills is not reflected in The FY 2024
Governor’s Budget Report.
SB 529 (Dwayne Peaslee Technical Training Center District Act)
According to the fiscal note prepared by the Division of the Budget on the bill, as
introduced, the Kansas Department of Revenue indicates the bill would affect only local property
tax collections in Douglas County and would have no fiscal effect on state revenues. Based on
Douglas County’s 2023 taxable value, the property tax levy of 0.5 mills would generate
approximately $984,500. The Department of Revenue indicates that the administrative costs
associated with implementing the provisions of the bill would be negligible and could be
absorbed within existing resources.
The Secretary of State indicates the bill would have no fiscal effect on its operations. The
local election authorized by the bill would be conducted and paid for by Douglas County.
The Kansas Association of Counties indicates Douglas County would no longer be
responsible for funding the Center from its own tax receipts and would allow current Center
funding to be used for other purposes.
Public libraries; Arkansas City; Udall; regional library system; district library; Udall public library district; Arkansas City public library
district
ccrb_hb2176_01_04042024.odt
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