Introduced Version






HOUSE BILL No. 2113

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-14.

Synopsis: Pornographic Internet materials in libraries. Requires libraries to adopt and enforce an Internet online policy that restricts access by minors to Internet or online sites that contain obscene material. Provides that for a Class 1 library that does not adopt and enforce the Internet policy, the last preceding annual appropriation made for the public library is renewed for the ensuing year and the last preceding annual tax levy is continued. Provides that for a Class 2 library that does not adopt and enforce the Internet policy: (1) the last preceding annual budget for the public library is renewed for the ensuing year; and (2) the amount of property taxes paid to the library may not be increased until the library adopts and enforces a policy. Provides that an Internet policy must be adopted before a library board may collect property taxes for a capital projects fund.

Effective: July 1, 2001.





Kruse, Welch




    January 17, 2001, read first time and referred to Committee on Commerce, Economic Development and Technology.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 2113



    A BILL FOR AN ACT to amend the Indiana Code concerning libraries.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-14-1-7; (01)IN2113.1.1. -->     SECTION 1. IC 20-14-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) This section applies to a board of a public library that allows library patrons to use library software to access the Internet or other computer network.
    (b) As used in this section, "computer network" has the meaning set forth in IC 35-43-2-3.
    (c) The board of a public library shall adopt a policy concerning the appropriate use of the Internet or other computer network by library patrons in all areas of the library.
    (d) The board shall make the policy adopted under subsection (c) readily available to all library patrons.
    (e) The board of a public library shall annually review the policy adopted under subsection (c).
     (f) A policy adopted under subsection (c) must restrict access by minors to Internet or online sites that contain obscene material (as described in IC 35-49-2-1 ).
SOURCE: IC 20-14-3-10; (01)IN2113.1.2. -->     SECTION 2. IC 20-14-3-10 , AS AMENDED BY P.L.50-2000,

SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) The library board shall determine the rate of taxation for the library district that is necessary for the proper operation of the library. The library board shall certify the rate to the county auditor, and the county auditor shall certify the tax rate to the county tax adjustment board in the manner provided in IC 6-1.1. An additional rate may be levied under section 8(5) of this chapter.
    (b) If the library board fails to:
        (1) give:
            (A) a first published notice to its taxpayers of its proposed budget and tax levy for the ensuing year at least ten (10) days before the public hearing required under IC 6-1.1-17-3 ; and
            (B) a second published notice to its taxpayers of its proposed budget and tax levy for the ensuing year at least three (3) days before the public hearing required under IC 6-1.1-17-3 ; or
        (2) finally adopt the budget and fix the tax levy not later than September 20; or
        (3) adopt and enforce a policy under IC 20-14-1-7 ;

then the last preceding annual appropriation made for the public library is renewed for the ensuing year, and the last preceding annual tax levy is continued. In this case, the treasurer of the library board shall report the continued tax levy to the county auditor, not later than September 20.

SOURCE: IC 20-14-7-7; (01)IN2113.1.3. -->     SECTION 3. IC 20-14-7-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. If a Class 2 library fails to adopt and enforce a policy under IC 20-14-1-7 , the last preceding annual budget for the public library is renewed for the ensuing year, and the amount of property taxes paid to the library may not be increased until the library adopts and enforces a policy under IC 20-14-1-7.
SOURCE: IC 20-14-13-5; (01)IN2113.1.4. -->     SECTION 4. IC 20-14-13-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) Before a library board may collect property taxes for a capital projects fund in a particular year, the library board must:
         (1) adopt and enforce a policy under IC 20-14-1-7 ; and
        (2)
after January 1 and before May 15 of the immediately preceding year, hold a public hearing on a proposed plan, pass a resolution to adopt a plan, and submit the plan for approval or rejection by the fiscal body designated in section 6 of this chapter.
    (b) The state board of tax commissioners shall prescribe the format of the plan. A plan must apply to at least the three (3) years immediately following the year the plan is adopted. A plan must

estimate for each year to which it applies the nature and amount of proposed expenditures from the capital projects fund. A plan must estimate:
        (1) the source of all revenue to be dedicated to the proposed expenditures in the upcoming budget year; and
        (2) the amount of property taxes to be collected in that year and retained in the fund for expenditures proposed for a later year.
    (c) If a hearing is scheduled under subsection (a), the governing body shall publish the proposed plan and a notice of the hearing in accordance with IC 5-3-1-2 (b).