§ 24-90-112 — Tax support - elections

(1) (a) (I) If the electors of the
governmental unit approve a tax levy, the legislative body of any incorporated city
or town is hereby authorized to levy the tax for municipal libraries upon real and
personal property for the establishment, operation, and maintenance of a public
library.

(II) If the electors of the governmental units approve a tax levy, the board of
county commissioners of any of the several counties is hereby authorized to levy
the tax for county libraries or library districts upon real and personal property for
the establishment, operation, and maintenance of county libraries or library
districts.

(III) (Deleted by amendment, L. 2003, p. 2458, � 12, effective August 15,
2003.)

(IV) The tax authorized by section 24-90-110.7 (3)(f) and (3)(h) may be levied
in addition to any other tax the participating governmental entities levy for the
support of their own public libraries.

(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).

(b) (I) (A) Except as otherwise provided under sub-subparagraph (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, or on the election held on the
first Tuesday in November of odd-numbered years.

(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 odd-numbered years. 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.

(II) (Deleted by amendment, L. 2003, p. 2458, � 12, effective August 15,
2003.)

(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 cause
to be submitted to a vote of the registered electors residing within the library's
legal 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 29-1-301, 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.

(2) (a) The treasurer of the governmental unit in which such library is located
or, if a library district has been established embracing parts or all of more than one
county, the treasurer of the county containing the largest valuation for assessment
of property for tax purposes of the said district shall be the custodian of all moneys
for the library, whether derived from taxation, gift, sale of library property, or
otherwise. All moneys generated for library purposes shall be credited to a special
fund in the office of said treasurer to be known as the public library fund. The fund,
together with all interest income that accrues thereon on and after July 1, 1991,
shall be used only for library purposes.

(b) (Deleted by amendment, L. 2003, p. 2458, � 12, effective August 15,
2003.)

(c) If requested by the board of trustees, the treasurer designated as
custodian of the library's money pursuant to paragraph (a) of this subsection (2)
may transfer moneys into the custody of the board, but the board shall carry
insurance for such purpose, make monthly accountings to said treasurer, and cause
an annual audit to be performed and submitted to said treasurer with respect to the
board's management of said moneys.

(3) Approval of any tax levy not previously established by resolution or
ordinance nor previously approved by the electors shall conform to the
requirements of section 20 of article X of the state constitution.

Legislative History

Source: L. 79: Entire article R&RE, p. 990, � 1, effective July 1. L. 83: (1)(a)(III) added and (1)(b) and (2) amended, pp. 1017, 1018, �� 3, 4, effective June 2. L. 85: (1)(b) amended, p. 871, � 1, effective June 2. L. 86: (2)(c) added, p. 965, � 2, effective April 17. L. 87: (1)(a)(III) and (1)(b)(I) amended, pp. 320, 1388, �� 63, 7, effective July 1. L. 88: (1)(b)(II) amended, p. 1267, � 1, effective July 1; (1)(b)(II) amended, p. 1267, � 2, effective January 1, 1993. L. 90: (1)(a)(I), (1)(a)(II), (1)(b)(I), and (2)(a) amended and (1)(b)(III) and (1)(b)(IV) added, p. 1300, � 9, effective July 1. L. 91: (1)(b)(II) amended, p. 2005, � 2, effective June 6. L. 94: (1)(a) and (1)(b)(I) amended and (3) added, p. 738, �5, effective July 1. L. 98: (1)(a)(V) added and (1)(b)(I), (1)(b)(III), and (1)(b)(IV) amended, p. 179, �� 3, 4, effective April 6. L. 2003: (1)(a)(III), (1)(a)(IV), (1)(b)(I), (1)(b)(II), (1)(b)(III), (2)(b), and (2)(c) amended, p. 2458, � 12, effective August 15. L. 2009: (1)(b)(III), (2)(a), and (2)(c) amended, (HB 09-1072), ch. 74, p. 266, � 7, effective August 5.