Last year, local library funding became a hot topic. The issue was not the normal push for more funding. Instead, it was taxpayers wanting to decrease a local library’s funding. Two situations gave rise to such discussions.
- First, in Craighead County the issue was whether to reduce the local library tax on property from two mills to one mill. The issue of overfunding arose after it was discovered the county library had amassed a $6 million surplus which was projected to soon be $10 million. The voters chose to reduce the millage.
- Second, in some communities the question of funding became a hot topic because their library seemed to have so much money on hand that the library didn’t bother to operate in a way that was responsive to the public. Some libraries were criticized for spending money or using library resources to promote radical left programs. In some places, the issue was the library practice of including sexually explicit materials in the children’s section of the library.
PROPERTY TAX
How did citizens in Craighead County go about reducing the library’s property tax? The Arkansas Constitution allows the electors of the county to cause an election on raising, lowering, or repealing the library millage. It only takes a petition of 100 or more taxpaying electors of the county to cause an election on the issue.[i] A similar provision applies to raising, lowering, or repealing the property tax millage of a city library.[ii]
MONEY GIVEN BY LOCAL GOVERNMENTS
Apparently, some local governments also give a portion of their general funds to support their local library. When a city or county does so, it is likely the money is given for general library purposes and likely does not have strings attached on how the money can or cannot be used. That does not mean the local government cannot add reasonable strings as a condition for the library to receive the money.
The master of adding strings to grants of money is the federal government. Probably the most infamous of the many federal strings came about in the 1970’s when the federal government wanted to impose a nationwide 55 mile an hour speed limit; but speed limits are a state matter. So, Congress used financial blackmail to make states comply. They added the 55 mile an hour speed limit as a condition for states to receive federal highway funds. A state could keep its higher speed limit, but it would cost them millions of dollars in federal highway money. Arkansas and other states dropped the speed limit to keep getting the money. The 55 mile an hour speed limit was so hated, the funding restriction was eventually repealed.
PURSE STRINGS OR MORE RESPONSIVE BOARD MEMBRERS
The issue of how libraries use the money they receive will likely continue to be a hot topic in the future. Hopefully, some of those issues can be resolved as county judges and mayors pay more attention to who they appoint to the local library board. (For more information read our article: If Your Library Won’t Listen.)
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[i] Arkansas Constitution Amendment 38
3. Raising, reducing or abolishing tax — Petition and election.
Whenever 100 or more taxpaying electors of any county having library tax in force shall file a petition in the County Court asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and entered of record as provided in Section 2 hereof, and the result as entered of record shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of qualified electors voting on the question at such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, § 5.]
[ii] Arkansas Constitution Amendment 30
3. Raising, reducing or abolishing tax — Petition and election.
Whenever 100 or more taxpaying electors of any city having a library tax in force shall file a petition with the Mayor asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and proclaimed, as provided in Section 2 hereof, and the result as proclaimed shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of the qualified electors voting on the question of such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and the proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, § 2.]
