Introduced Version




Citations Affected: IC 20-14-7-6.

Synopsis: Willard Library governance. Allows a county library board to levy a tax for certain public libraries.

Effective: July 1, 2005.


    January 20, 2005, read first time and referred to Committee on Rules and Legislative Procedure.


First Regular Session 114th General Assembly (2005)

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

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

SOURCE: IC 20-14-7-6; (05)IN0530.1.1. -->     SECTION 1. IC 20-14-7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) For any public library established:
        (1) by private donation;
        (2) in a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
        (3) that contains at least twenty-five thousand (25,000) volumes;
        (4) that has real property valued at at least one hundred thousand dollars ($100,000); and
        (5) that is open and free to the residents of the city;
a tax shall be levied and collected annually by the city county library board according to IC 6-1.1.
    (b) The city legislative body library board established under IC 20-14 in the county containing the city described in subsection (a)(2) shall levy the tax required under subsection (a) in an amount not less than sixty-seven hundredths of one cent ($0.0067) nor more than

one and sixty-seven hundredths cents ($0.0167) upon each one hundred dollars ($100) of the assessed valuation of all the real and personal property in the city. When the city levies this tax, it shall be treated as if it was a public library for purposes of IC 6-1.1-18.5-13, and it may increase its levy to the same extent as a public library under that section. The trustees shall annually submit a budget to the library board established under IC 20-14 for review.
    (c) The tax shall be paid to the trustees of the library and the trustees shall expend the tax for the support, operation, and maintenance of the library described in this section. The trustees shall keep the tax separate from all other funds. The trustees shall record the amount of taxes received, to whom and when paid out, and for what purpose in a book kept by them. The trustees shall make an annual report of these matters to the legislative body of the city.
     (d) As used in this subsection, "public library" refers to a public library described in subsection (a). For purposes of the property tax levy limits under IC 6-1.1-18.5, the levy imposed under this section does not include the calculation of the maximum permissible property tax levy for the public library that imposes a levy under this section. For purposes of computing the ad valorem property tax limits imposed by IC 6-1.1-18.5, the public library's ad valorem property tax levy for a particular year does not include that part of the levy that is levied under this section. For purposes of calculating the maximum permissible ad valorem property tax levy of the city described in subsection (a) for 2006, the department of local government finance shall adjust the maximum permissible ad valorem property tax levy for the preceding calendar year by the amount necessary to eliminate the effect of transferring the levy under this section to the county library board. For purposes of determining the county library board's distributive share in the county option income tax, the public library is not entitled to a distribution under IC 6-3.5-6-18(g).

SOURCE: ; (05)IN0530.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] IC 20-14-7-6, as amended by this act, applies only to property taxes first due and payable after December 31, 2005.