HB 1086-3_ Filed 02/22/2010, 10:32 Gard
Adopted 2/24/2010
SENATE MOTION
MADAM PRESIDENT:
I move
that Engrossed House Bill 1086 be amended to read as follows:
SOURCE: Page 13, line 24; (10)MO108616.13. -->
Page 13, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 6-1.1-17-20; (10)MO108616.15. -->
"SECTION 15. IC 6-1.1-17-20, AS AMENDED BY
P.L.182-2009(ss), SECTION 124, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. (a) This section
applies to each governing body of a taxing unit that:
(1) is not comprised of a majority of officials who are elected to
serve on the governing body; and
(2) either:
(A) is:
(i) a conservancy district subject to IC 14-33-9;
(ii) a solid waste management district subject to IC 13-21;
or
(iii) a fire protection district subject to IC 36-8-11-18; or
(B) has a percentage increase in the proposed budget for the
taxing unit for the ensuing calendar year that is more than the
result of:
(i) the assessed value growth quotient determined under
IC 6-1.1-18.5-2 for the ensuing calendar year; minus
(ii) one (1).
For purposes of this section, an individual who qualifies to be
appointed to a governing body or serves on a governing body because
of the individual's status as an elected official of another taxing unit
shall be treated as an official who was not elected to serve on the
governing body.
(b) As used in this section, "taxing unit" has the meaning set forth
in IC 6-1.1-1-21, except that the term does not include:
(1) a school corporation; or
(2) an entity whose tax levies are subject to review and
modification by a city-county legislative body under IC 36-3-6-9.
(c) If:
(1) the assessed valuation of a taxing unit is entirely contained
within a city or town; or
(2) the assessed valuation of a taxing unit is not entirely contained
within a city or town but the taxing unit was originally established
by the city or town;
the governing body shall submit its proposed budget and property tax
levy to the city or town fiscal body. The proposed budget and levy shall
be submitted at least thirty (30) days before the city or town fiscal body
is required to hold budget approval hearings under this chapter.
However, in the case of a public library that is subject to this
section and is described in subdivision (2), the public library shall
submit its proposed budget and property tax levy to the county
fiscal body in the manner provided in subsection (d), rather than
to the city or town fiscal body, if more than fifty percent (50%) of
the parcels of real property within the jurisdiction of the public
library are located outside the city or town.
(d) If subsection (c) does not apply, the governing body of the taxing
unit shall submit its proposed budget and property tax levy to the
county fiscal body in the county where the taxing unit has the most
assessed valuation. The proposed budget and levy shall be submitted
at least thirty (30) days before the county fiscal body is required to hold
budget approval hearings under this chapter.
(e) The fiscal body of the city, town, or county (whichever applies)
shall review each budget and proposed tax levy and adopt a final
budget and tax levy for the taxing unit. The fiscal body may reduce or
modify but not increase the proposed budget or tax levy.
(f) If a taxing unit fails to file the information required in subsection
(c) or (d), whichever applies, with the appropriate fiscal body by the
time prescribed by this section, the most recent annual appropriations
and annual tax levy of that taxing unit are continued for the ensuing
budget year.
(g) If the appropriate fiscal body fails to complete the requirements
of subsection (e) before the adoption deadline in section 5 of this
chapter for any taxing unit subject to this section, the most recent
annual appropriations and annual tax levy of the city, town, or county,
whichever applies, are continued for the ensuing budget year.
SOURCE: IC 6-1.1-17-20.5; (10)MO108616.16. -->
SECTION 16. IC 6-1.1-17-20.5, AS AMENDED BY
P.L.182-2009(ss), SECTION 125, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20.5. (a) This
section applies to the governing body of a taxing unit unless a majority
of the governing body is comprised of officials who are elected to serve
on the governing body. For purposes of this section, an individual who
qualifies to be appointed to a governing body or serves on a governing
body because of the individual's status as an elected official of another
taxing unit shall be treated as an official who was not elected to serve
on the governing body.
(b) As used in this section, "taxing unit" has the meaning set forth
in IC 6-1.1-1-21, except that the term does not include:
(1) a school corporation; or
(2) an entity whose tax levies are subject to review and
modification by a city-county legislative body under IC 36-3-6-9.
(c) If:
(1) the assessed valuation of a taxing unit is entirely contained
within a city or town; or
(2) the assessed valuation of a taxing unit is not entirely contained
within a city or town but the taxing unit was originally established
by the city or town;
the governing body of the taxing unit may not issue bonds or enter into
a lease payable in whole or in part from property taxes unless it obtains
the approval of the city or town fiscal body.
(d) However, in the case of a public library that is subject to this
section and is described in subsection (c), the public library may
not issue bonds or enter into a lease payable in whole or in part
from property taxes unless it obtains the approval of the county
fiscal body, rather than the city or town fiscal body, if more than
fifty percent (50%) of the parcels of real property within the
jurisdiction of the public library are located outside the city or
town. The requirement that the public library must obtain the
approval of the county fiscal body (rather than the city or town
fiscal body) if more than fifty percent (50%) of the parcels of real
property within the jurisdiction of the public library are located
outside the city or town does not apply to the issuance of bonds or
the execution of a lease:
(1) for which a decision or preliminary determination was
made under IC 6-1.1-20 before December 31, 2010; or
(2) that is approved by the city or town fiscal body under
IC 6-1.1-17-20.5(c) or the county fiscal body under subsection
(e) before December 31, 2010.
(d) (f) This subsection applies to a taxing unit not described in
subsection (c) or (d). The governing body of the taxing unit may not
issue bonds or enter into a lease payable in whole or in part from
property taxes unless it obtains the approval of the county fiscal body
in the county where the taxing unit has the most net assessed
valuation.".
SOURCE: Page 45, line 24; (10)MO108616.45. -->
Page 45, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 36-12-2-8; (10)MO108616.43. -->
"SECTION 43. IC 36-12-2-8, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Except as provided in subsection (b), an
appointee to a library board may not serve more than four (4)
consecutive terms on the library board. An unexpired term of two (2)
years or less that an individual serves in filling a vacancy on the
library board may not be counted in computing consecutive terms
for purposes of this subsection. The consecutive terms are computed
without regard to a change in the appointing authority that appointed
the member. or the length of any term served by the appointee. If:
(1) a member's term is interrupted due to the merger of at least
two (2) public libraries under IC 36-12-4; and
(2) the member is reappointed to the merged public library board;
the term that was interrupted may not be considered in determining the
number of consecutive terms a member may serve on a library board.
An appointee who has served four (4) consecutive terms may be
reappointed to the board at least four (4) years after the date the
appointee's most recent term ended.
(b) This subsection applies to a library board for a library district
having a population of less than three thousand (3,000). If an
appointing authority conducts a diligent but unsuccessful search for a
qualified individual who wishes to be appointed to serve on the library
board:
(1) the appointing authority may reappoint a board member who
has served four (4) or more consecutive terms; and
(2) state funds may not be withheld from distribution to the
library.
The appointing authority shall file with the library board a written
description of the search that was conducted under this subsection. The
record becomes a part of the official records of the library board.
SOURCE: IC 36-12-2-18; (10)MO108616.44. -->
SECTION 44. IC 36-12-2-18, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 18. (a) Subject to subsection (b), the term of a
library board member is four (4) years. A member may continue to
serve on a library board after the member's term expires until the
member's successor is qualified under section 19 of this chapter. The
term of the member's successor is not extended by the time that has
elapsed before the successor's appointment and qualification. If a
member is appointed to fill a vacancy on a library board, the member's
term is the unexpired term of the member being replaced.
(b) Except for a library board whose membership is established
under section 15 of this chapter, for purposes of establishing staggered
terms for the members of a library board, the initial members shall
serve the following terms:
(1) One (1) year for one (1) member appointed under section 9(1),
9(5), 16(b)(1), 16(b)(2), or 17(1) of this chapter.
(2) Two (2) years for one (1) member appointed under section
9(3)(A), 9(4), 16(b)(3), 16(b)(4), or 17(2) of this chapter.
(3) Three (3) years for one (1) member appointed under section
9(2), 9(3)(A), 16(b)(4), 16(b)(5), or 17(1) of this chapter.
(4) Four (4) years for one (1) member appointed under section
9(3)(B), 16(b)(6), or 17(2) of this chapter.
(c) When an appointing authority appoints members to terms of
different length under subsection (b), the appointing authority shall
designate which member serves each term.
(d) A member may not serve more than four (4) consecutive
terms as provided in section 8 of this chapter.
SOURCE: IC 36-12-2-25; (10)MO108616.45. -->
SECTION 45. IC 36-12-2-25, AS AMENDED BY P.L.91-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 25. (a) The residents or real property taxpayers of
the library district taxed for the support of the library may use the
facilities and services of the public library without charge for library or
related purposes. However, the library board may:
(1) fix and collect fees and rental charges; and
(2) assess fines, penalties, and damages for the:
(A) loss of;
(B) injury to; or
(C) failure to return;
any library property or material.
(b) A library board may issue local library cards to:
(1) residents of the library district; or
(2) Indiana residents who are not residents of the library district;
(3) library employees of the library district; or
(4) employees of a school corporation or nonpublic school
located in the library district;
who apply for the cards.
(c) Except as provided in subsections (d) and (e), a library board
must set and charge a fee for a local library card issued under
subsection (b)(2). The minimum fee that the board may set under this
subsection is the greater of the following:
(1) The library district's operating fund expenditure per capita in
the most recent year for which that information is available in the
Indiana state library's annual "Statistics of Indiana Libraries".
(2) Twenty-five dollars ($25).
(d) A library board may charge a reduced fee or not charge a fee for
a local library card under subsection (c) that is issued to an Indiana
resident who is:
(1) a student enrolled in a public school corporation that is located
at least in part in the library district; and
(2) not a resident of the library district.
(e) A library board may charge a reduced fee or not charge a fee for
a local library card under subsection (c) that is issued to an Indiana
resident who is a student enrolled in a nonpublic school that is located
at least in part in the library district.
(f) A library board may issue a local library card under
subsection (b)(3) or (b)(4):
(1) to an individual who is not a resident of the library
district; and
(2) without charging a fee for the card;
if the board adopts a resolution that is approved by an affirmative
vote of a majority of the members appointed to the library board.
SOURCE: IC 36-12-2-26; (10)MO108616.46. -->
SECTION 46. IC 36-12-2-26 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 26. (a) Dissolution of a library
district is initiated when the legislative body of each municipality,
township, or county that is a part of the district and library board
of the district adopt identical resolutions proposing to dissolve the
district by an affirmative vote of a majority of the voting members
of each legislative body and library board.
(b) Copies of the resolutions adopted under subsection (a) shall
be filed not later than ten (10) days after the resolution is adopted
with:
(1) the state library; and
(2) the county recorder of each county in which the library
district is located.
(c) A dissolution does not take effect until:
(1) all legal and fiscal obligations of the library district have
been satisfied;
(2) the assets of the district have been distributed; and
(3) a notice is filed with the agencies listed in subsection (b),
indicating that the actions described in subdivisions (1) and
(2) have been completed and the dissolution is final.".
SOURCE: Page 45, line 40; (10)MO108616.45. -->
Page 45, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 36-12-3-18; (10)MO108616.48. -->
"SECTION 48. IC 36-12-3-18, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 18. (a) Subject to subsection (d), A library board
or a person designated in writing by the library board may:
(1) collect money or library property; or
(2) compromise the amount of money;
that is owed to the library.
(b) A library board:
(1) shall determine the costs of collecting money or library
property under this section; and
(2) may add the costs of collection, including reasonable
attorney's fees, to money or library property that is owed and
collected under this section.
(c) A library board or the library board's agent that collects money
under this section shall deposit the money, less the costs of collection,
in the account required by law.
(d) A person designated by the library board under subsection (a)
may collect money from a person for the library only if the amount to
be collected from the person is more than ten dollars ($10).
(e) (d) A library board may compromise claims made against the
library.
SOURCE: IC 36-12-7-3; (10)MO108616.49. -->
SECTION 49. IC 36-12-7-3, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) A library board may issue local library cards
to:
(1) residents of the library district; and
(2) Indiana residents who are not residents of the library district;
(3) library employees of the library district; or
(4) employees of a school corporation or nonpublic school
located in the library district;
who apply for the cards.
(b) Except as provided in subsection (c), a library board must set
and charge a fee for a local library card issued under subsection (a)(2).
The minimum fee that the board may set under this subsection is the
greater of the following:
(1) The library district's operating fund expenditure per capita in
the most recent year for which that information is available in the
Indiana state library's annual "Statistics of Indiana Libraries".
(2) Twenty-five dollars ($25).
(c) A library board may charge a reduced fee or not charge a fee for
a local library card under subsection (b) that is issued to an Indiana
resident who is:
(1) a student enrolled in a public school corporation that is located
at least in part in the library district; and
(2) not a resident of that library district.
( d) A library board may issue a local library card under
subsection (a)(3) or (a)(4):
(1) to an individual who is not a resident of the library
district; and
(2) without charging a fee for the card;
if the board adopts a resolution that is approved by an affirmative
vote of a majority of the members appointed to the library board.
SOURCE: IC 36-12-7-9; (10)MO108616.50. -->
SECTION 50. IC 36-12-7-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 9. (a) Dissolution of a library district is initiated when
the legislative body of each municipality, township, or county that
is a part of the district and library board of the district adopt
identical resolutions proposing to dissolve the district by an
affirmative vote of a majority of the voting members of each
legislative body and library board.
(b) Copies of the resolutions adopted under subsection (a) shall
be filed not later than ten (10) days after the resolution is adopted
with:
(1) the state library; and
(2) the county recorder of each county in which the library
district is located.
(c) A dissolution does not take effect until:
(1) all legal and fiscal obligations of the library district have
been satisfied;
(2) the assets of the district have been distributed; and
(3) a notice is filed with the agencies listed in subsection (b),
indicating that the actions described in subdivisions (1) and
(2) have been completed and the dissolution is final.".
SOURCE: Page 46, line 14; (10)MO108616.46. -->
Page 46, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 36-12-7-11; (10)MO108616.52. -->
"SECTION 52. IC 36-12-7-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 11. (a) A library board or a
person designated in writing by the library board may:
(1) collect money or library property; or
(2) compromise the amount of money;
that is owed to the library.
(b) A library board:
(1) shall determine the costs of collecting money or library
property under this section; and
(2) may add the costs of collection, including reasonable
attorney's fees, to money or library property that is owed and
collected under this section.
(c) A library board or the library board's agent that collects
money under this section shall deposit the money, less the costs of
collection, in the account required by law.
(d) A library board may compromise claims made against the
library.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1086 as printed February 19, 2010.)
________________________________________
Senator GARD